[Congressional Record Volume 166, Number 209 (Thursday, December 10, 2020)]
[House]
[Pages H7121-H7122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AERIAL INCURSION REPERCUSSION SAFETY ACT OF 2020

  Mr. HUFFMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5040) to direct the Director of the Bureau of Land 
Management to study the effects of drone incursions on wildfire 
suppression, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5040

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Aerial Incursion 
     Repercussion Safety Act of 2020'' or the ``AIR Safety Act of 
     2020''.

     SEC. 2. STUDY ON EFFECTS OF DRONE INCURSIONS ON WILDFIRE 
                   SUPPRESSION.

       (a) Study Required.--The Director of the Bureau of Land 
     Management, in consultation with the Chief of the Forest 
     Service, the Administrator of the Federal Aviation 
     Administration, and the National Association of State 
     Foresters, shall conduct a study on the effects of drone 
     incursions on the suppression of wildfires with respect to 
     lands managed by the Department of the Interior or the 
     Department of Agriculture.
       (b) Study Contents.--In conducting the study required under 
     subsection (a), the Director shall--
       (1) determine, for each of the five most recently completed 
     calendar years, the number of occurrences in which a drone 
     incursion interfered with wildfire suppression and the effect 
     of each such occurrence on--
       (A) the length of time required to achieve complete 
     suppression;
       (B) the effectiveness of aerial firefighting responses; and
       (C) the amounts expended by the Federal Government; and
       (2) evaluate the feasibility and effectiveness of various 
     actions to prevent drone incursions, including--
       (A) temporary flight restrictions of the Federal Aviation 
     Administration; and
       (B) the dissemination of education materials relating to 
     the effects of drone incursions on wildfire suppression.
       (c) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Director shall submit to the 
     Committee on Natural Resources and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the findings of the 
     study required under subsection (a) and any recommendations 
     of the Director relating to such findings.
       (d) Definitions.--In this section:
       (1) Drone.--The term ``drone'' means an unmanned aircraft 
     system, as defined in section 44801 of title 49, United 
     States Code, owned by a private individual or entity.
       (2) Drone incursion.--The term ``drone incursion'' means 
     the operation of a drone within any airspace for which the 
     Administrator of the Federal Aviation Administration has 
     issued a temporary flight restriction because of a wildfire.
       (3) Wildfire suppression.--The term ``wildfire 
     suppression'' has the meaning given such term in section 
     46320(d) of title 49, United States Code.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Huffman) and the gentleman from Colorado (Mr. Lamborn) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. HUFFMAN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5040. This is a bipartisan 
bill introduced by my fellow committee member, Utah Congressman Curtis, 
along with myself.
  The Aerial Incursion Repercussion Safety Act, or the AIR Safety Act, 
requires the Director of BLM, in consultation with the Chief of the 
Forest Service, the Federal Aviation Administration, and the National 
Association of State Foresters, to conduct a study on the effects of 
drone incursion on wildfire suppression.
  It is already a Federal crime to interfere with wildfire suppression 
efforts on public lands. In addition, the FAA often implements 
temporary flight restrictions, or TFRs, around wildfires to prevent 
aircraft from getting involved and interfering with suppression 
operations.
  Despite these deterrents, private drone incursions near wildfires 
continue to be documented as causes of delays in airborne firefighting 
response that can pose threats to firefighting on the ground, undermine 
ongoing suppression efforts, and allow wildfires to encroach on nearby 
communities.
  There have been many examples of this, but I specifically remember, 
during the October 2017 firestorms in Sonoma County, in my district, we 
received multiple reports of private drones interfering with 
firefighting helicopters and air tankers, forcing them to stay grounded 
for the safety of the Cal Fire pilots during the critical days when we 
needed them in the air.
  This bill would raise awareness of the impacts of drone incursions on 
wildland fire suppression while examining ways to avoid future 
incursions.
  Mr. Speaker, I urge my colleagues to support this bill, and I reserve 
the balance of my time.
                                          House of Representatives


                               Committee on Natural Resources,

                                Washington, DC, September 1, 2020.
     Hon. Colin Peterson,
     Chair, Committee on Agriculture,
     House of Representatives, Washington, DC.
       Dear Chair Peterson: I write to you concerning H.R. 5040, 
     the ``AIR Safety Act of 2019.''
       I appreciate your willingness to work cooperatively on this 
     legislation. I recognize that the bill contains provisions 
     that fall within the jurisdiction of the Committee on 
     Agriculture. l acknowledge that your Committee will not 
     formally consider H.R. 5040 and agree that the inaction of 
     your Committee with respect to the bill does not waive any 
     future jurisdictional claim over the matters contained in the 
     bill that fall within your Committee's Rule X jurisdiction.
       I will ensure that our exchange of letters is included in 
     the Congressional Record during floor consideration of the 
     bill. l appreciate your cooperation regarding this 
     legislation and look forward to working with you as this 
     measure moves through the legislative process.
           Sincerely,

                                             Raul M. Grijalva,

                                                            Chair,
     House Natural Resources Committee.
                                  ____

                                         House of Representatives,


                                     Committee on Agriculture,

                                 Washington, DC, December 1, 2020.
     Hon. Raul M. Grijalva,
     Chairman, Committee on Natural Resources, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman. This letter confirms our mutual 
     understanding regarding H.R. 5040, the AIR Safety Incursion 
     Act of 2020. Thank you for collaborating with the Committee 
     on Agriculture on the matters within our jurisdiction.
       The Committee on Agriculture will forego any further 
     consideration of this bill so that it may proceed 
     expeditiously to the House floor for consideration. However, 
     by foregoing consideration at this time, we do not waive any 
     jurisdiction over any subject matter contained in this or 
     similar legislation. We request that our Committee be 
     consulted and involved as this bill moves forward so that we 
     may address any remaining issues in

[[Page H7122]]

     our jurisdiction. The Committee on Agriculture also reserves 
     the right to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this or 
     similar legislation and ask that you support any such 
     request.
       We would appreciate a response to this letter confirming 
     this understanding with respect to H.R. 5040, and request 
     that a copy of our letters on this matter be published in the 
     Congressional Record during Floor consideration.
           Sincerely,

                                            Colin C. Peterson,

                                                            Chair.
  Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5040, the AIR Safety Act, 
authored by Congressman   John Curtis from Utah. This is a simple bill 
that will improve our ability to fight the wildfires that have 
continued to wreak havoc in our Western States.
  Although laws exist prohibiting interference with wildfire fighting, 
many people still fly their private drones near fires to take pictures 
and videos.
  Unauthorized drones flying in these areas can cause all aerial 
firefighting tools, including helicopters dropping flame retardant, to 
be grounded, which wastes valuable time and money that could otherwise 
be used to suppress the fire and save lives and property.
  The AIR Safety Act directs our land management agencies to study 
drone incursions over the past 5 years and mandates that the agencies 
develop better strategies to prevent drones from interfering in 
firefighting activities in the first place.
  In the wake of yet another devastating wildfire season, it is 
critical that we do everything we can to empower our brave wildland 
firefighters with the tools they need to safely and quickly respond to 
fires. This bipartisan bill is a small but important step toward 
achieving that goal.
  Mr. Speaker, I urge adoption of the measure, and I reserve the 
balance of my time.
  Mr. HUFFMAN. Mr. Speaker, I reserve the balance of my time.
  Mr. LAMBORN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Utah (Mr. Curtis), who introduced the bill and has sponsored it, along 
with the bipartisan sponsorship of Mr. Huffman.
  Mr. CURTIS. Mr. Speaker, I thank Chairman Grijalva and Ranking Member 
Bishop for helping us move this bill along. Special thanks to my 
cosponsor, who shares a not-so-unique problem in our districts of 
wildfires and fighting those.
  Mr. Speaker, I obviously rise in support of the AIR Safety Act, which 
will examine risks and effects of drone incursions on wildland 
firefighting.
  In the last few years, Utah and the rest of the West have been 
battling extreme wildfires. Our Federal land managers and State and 
local partners need every tool available to them to put these fires 
out.
  When a wildfire breaks out, the FAA sets up a temporary flight 
restriction, or TFR, around the perimeter to allow aerial firefighters 
full access to the fire.
  Unfortunately, when people ignore these TFRs and fly their drones 
around the fire, fire management must ground their own drones and 
helicopters until the area is clear. This wastes valuable time and 
money, putting structures and, most importantly, lives at risk.
  The AIR Safety Act will direct the Forest Service, Bureau of Land 
Management, FAA, and State forestry partners to examine these risks and 
come up with ways to stop future problems.
  Mr. Speaker, I urge my colleagues to support this bill.
  Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
  Mr. HUFFMAN. Mr. Speaker, I request an ``aye'' vote, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Huffman) that the House suspend the 
rules and pass the bill, H.R. 5040, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HUFFMAN. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3 of House Resolution 
965, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
will be postponed.

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