FAA Reauthorization Act of 2018 (P.L. 115-254) & Drones

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There have been other FAA Reauthorization Acts of 2018 introduced but this was the one actually passed. It has multiple provisions that are all smooshed together. We have general aviation, drones, counter drone, research, etc. There are ALOT of things in this act. This article will only be showing those relating specifically to unmanned aircraft. I’m excluding military and budget entries.

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SEC. 341. DEFINITIONS; INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS INTO NATIONAL AIRSPACE SYSTEM.

(a) In General.–Part A of subtitle VII of title 49, United States Code, <<NOTE: 49 USC 44801 prec.>> is amended by inserting after chapter 447 the following:
“CHAPTER 448–UNMANNED AIRCRAFT SYSTEMS
“Sec.
“44801. Definitions.
“44802. Integration of civil unmanned aircraft systems into national airspace system.
“Sec. 44801. <<NOTE: 49 USC 44801.>> Definitions
“In this chapter, the following definitions apply:
“(1) Actively tethered unmanned aircraft system.–The term
`actively tethered unmanned aircraft system’ means an unmanned aircraft system in which the unmanned aircraft component–
“(A) weighs 4.4 pounds or less, including payload but not including the tether;
“(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft; and
“(C) is controlled and retrieved by such ground station through physical manipulation of the tether.
“(2) Appropriate committees of congress.–The term
`appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(3) Arctic.–The term `Arctic’ means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
“(4) Certificate of waiver; certificate of authorization.– The terms `certificate of waiver’ and `certificate of authorization’ mean a Federal Aviation Administration grant of approval for a specific flight operation.
“(5) Counter-UAS system.–The term `counter-UAS system’ means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system.
“(6) Permanent areas.–The term `permanent areas’ means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft.
“(7) Public unmanned aircraft system.–The term `public unmanned aircraft system’ means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft.
“(8) Sense and avoid capability.–The term `sense and avoid capability’ means the capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft, structures on the ground, and other objects.
“(9) Small unmanned aircraft.–The term `small unmanned aircraft’ means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.
“(10) Test range.–The term `test range’ means a defined geographic area where research and development are conducted as authorized by the Administrator of the Federal Aviation Administration, and includes any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009.
“(11) Unmanned aircraft.–The term `unmanned aircraft’ means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
“(12) Unmanned aircraft system.–The term `unmanned aircraft system’ means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.
“(13) UTM.–The term `UTM’ means an unmanned aircraft system traffic management system or service.
“Sec. 44802. <<NOTE: 49 USC 44802.>> Integration of civil unmanned aircraft systems into national airspace system

“(a) Required Planning for Integration.–
“(1) Comprehensive plan.–Not later than November 10, 2012, the Secretary of Transportation, in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry, shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.
“(2) Contents of plan.–The plan required under paragraph
(1) shall contain, at a minimum, recommendations or projections on–
“(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will–
“(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems;
“(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and
“(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing;
“(B) the best methods to enhance the technologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national airspace system;
“(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system;
“(D) a timeline for the phased-in approach described under subparagraph (C);
“(E) creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system;
“(F) establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such systems are subject to testing;
“(G) the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national airspace system; and
“(H) incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration.
“(3) Deadline.–The plan required under paragraph (1) shall provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as practicable, but not later than September 30, 2015.
“(4) Report to congress.–Not later than February 14, 2013, the Secretary shall submit to Congress a copy of the plan required under paragraph (1).
“(5) Roadmap.–Not later than February 14, 2013, the Secretary shall approve and make available in print and on the Administration’s internet website a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program Office of the Administration. The Secretary shall update, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA) and relevant stakeholders, including those in industry and academia, the roadmap annually. The roadmap shall include, at a minimum–
“(A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems integration into the national airspace system, including an identification of–
“(i) the role of the unmanned aircraft systems test ranges established under subsection
(c) and the Unmanned Aircraft Systems Center of Excellence;
“(ii) performance objectives for unmanned aircraft systems that operate in the national airspace system; and
“(iii) research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national airspace system, as appropriate;
“(B) a description of how the Administration plans to use research and development, including research and development conducted through NASA’s Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the national airspace system;
“(C) an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these performance abilities can be demonstrated; and
“(D) an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security.
“(b) Rulemaking.–Not later than 18 months after the date on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the Secretary shall publish in the Federal Register–
“(1) a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under section 44807;
“(2) a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), with the final rule to be published not later than 16 months after the date of publication of the notice; and
“(3) an update to the Administration’s most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA-2006-25714.”.
(b) Technical and Conforming Amendments.–
(1) Table of chapters.–The table of chapters for subtitle VII of title 49, United States Code, <<NOTE: 49 USC 44801 prec.>> is amended by inserting after the item relating to chapter 447 the following:
“448 . Unmanned aircraft systems………………………….44801”.
(2) Repeal.–Section 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) and the item relating to that section in the table of contents under section 1(b) of that Act are repealed.

SEC. 342. <<NOTE: 49 USC 44802 note.>> UPDATE OF FAA COMPREHENSIVE PLAN.

(a) In General.–Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation shall update the comprehensive plan described in section 44802 of title 49, United States Code, to develop a concept of operations for the integration of unmanned aircraft into the national airspace system.

(b) Considerations.–In carrying out the update under subsection (a), the Secretary shall consider, at a minimum–

(1) the potential use of UTM and other technologies to ensure the safe and lawful operation of unmanned aircraft in the national airspace system;

(2) the appropriate roles, responsibilities, and authorities of government agencies and the private sector in identifying and reporting unlawful or harmful operations and operators of unmanned aircraft;

(3) the use of models, threat assessments, probabilities, and other methods to distinguish between lawful and unlawful operations of unmanned aircraft; and

(4) appropriate systems, training, intergovernmental processes, protocols, and procedures to mitigate risks and hazards posed by unlawful or harmful operations of unmanned aircraft systems.

(c) Consultation.–The Secretary shall carry out the update under subsection (a) in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry.

(d) Program Alignment Report.–Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, a report that describes a strategy to–

(1) avoid duplication;
(2) leverage capabilities learned across programs;
(3) support the safe integration of UAS into the national airspace; and
(4) systematically and timely implement or execute–

(A) commercially-operated Low Altitude Authorization and Notification Capability;
(B) the Unmanned Aircraft System Integration Pilot Program; and
(C) the Unmanned Traffic Management Pilot Program.

SEC. 343. UNMANNED AIRCRAFT TEST RANGES.

(a) In General.–Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:

“Sec. 44803. <<NOTE: 49 USC 44803.>> Unmanned aircraft test ranges
“(a) In General.–The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of the test ranges to facilitate the safe integration of unmanned aircraft systems into the national airspace system.
“(b) Program Requirements.–In carrying out the program under subsection (a), the Administrator shall–
“(1) designate airspace for safely testing the integration of unmanned flight operations in the national airspace system;
“(2) develop operational standards and air traffic requirements for unmanned flight operations at test ranges;
“(3) coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense;
“(4) address both civil and public unmanned aircraft systems;
“(5) ensure that the program is coordinated with relevant aspects of the Next Generation Air Transportation System;
“(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures as it relates to continued development of standards for integration into the national airspace system;
“(7) engage test range operators, as necessary and within available resources, in projects for research, development, testing, and evaluation of unmanned aircraft systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft into the national airspace system, which may include solutions for–
“(A) developing and enforcing geographic and altitude limitations;
“(B) providing for alerts by the manufacturer of an unmanned aircraft system regarding any hazards or limitations on flight, including prohibition on flight as necessary;
“(C) sense and avoid capabilities;
“(D) beyond-visual-line-of-sight operations, nighttime operations, operations over people, operation of multiple small unmanned aircraft systems, and unmanned aircraft systems traffic management, or other critical research priorities; and
“(E) improving privacy protections through the use of advances in unmanned aircraft systems technology;
“(8) coordinate periodically with all test range operators to ensure test range operators know which data should be collected, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;
“(9) streamline to the extent practicable the approval process for test ranges when processing unmanned aircraft certificates of waiver or authorization for operations at the test sites;
“(10) require each test range operator to protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using that test range without the need to obtain an experimental or special airworthiness certificate;
“(11) allow test range operators to receive Federal funding, other than from the Federal Aviation Administration, including in-kind contributions, from test range participants in the furtherance of research, development, and testing objectives.
“(c) Waivers.–In carrying out this section the Administrator may waive the requirements of section 44711 of title 49, United States Code, including related regulations, to the extent consistent with aviation safety.
“(d) Review of Operations by Test Range Operators.–The operator of each test range under subsection (a) shall–
“(1) review the operations of unmanned aircraft systems conducted at the test range, including–
“(A) ongoing or completed research; and
“(B) data regarding operations by private and public operators; and
“(2) submit to the Administrator, in such form and manner as specified by the Administrator, the results of the review, including recommendations to further enable private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system, on a quarterly basis until the program terminates.
“(e) Testing.–The Secretary of Transportation may authorize an operator of a test range described in subsection (a) to administer testing requirements established by the Administrator for unmanned aircraft systems operations.
“(f) Collaborative Research and Development Agreements.–The Administrator may use the other transaction authority under section 106(l)(6) and enter into collaborative research and development agreements, to direct research related to unmanned aircraft systems, including at any test range under subsection (a), and in coordination with the Center of Excellence for Unmanned Aircraft Systems.
“(g) Use of Center of Excellence for Unmanned Aircraft Systems.– The Administrator, in carrying out research necessary to implement the consensus safety standards requirements in section 44805 shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges.
“(h) Termination.–The program under this section shall terminate on September 30, 2023.”.

(b) Table of Contents.–The table of contents for chapter 448, as added by this Act, <<NOTE: 49 USC 44801 prec.>> is further amended by adding at the end the following:
“44803. Unmanned aircraft system test ranges.”.

SEC. 344. SMALL UNMANNED AIRCRAFT IN THE ARCTIC.

(a) In General.–Chapter 448 of title 49, United States Code, as  added by this Act, is further amended by adding at the end the  following:
“Sec. 44804. <<NOTE: 49 USC 44804.>> Small unmanned aircraft in  the Arctic
“(a) In General.–The Secretary of Transportation shall develop a  plan and initiate a process to work with relevant Federal agencies and  national and international communities to designate permanent areas in  the Arctic where small unmanned aircraft may operate 24 hours per day  for research and commercial purposes.
“(b) Plan Contents.–The plan under subsection (a) shall include  the development of processes to facilitate the safe operation of small  unmanned aircraft beyond the visual line of sight.
“(c) Requirements.–Each permanent area designated under subsection  (a) shall enable over-water flights from the surface to at least 2,000  feet in altitude, with ingress and egress routes from selected coastal  launch sites.
“(d) Agreements.–To implement the plan under subsection (a), the  Secretary may enter into an agreement with relevant national and  international communities.
“(e) Aircraft Approval.–
“(1) In general.–Subject to paragraph (2), not later than  1 year after the entry into force of an agreement necessary to  effectuate the purposes of this section, the Secretary shall  work with relevant national and international communities to  establish and implement a process for approving the use of a  small unmanned aircraft in the designated permanent areas in the  Arctic without regard to whether the small unmanned aircraft is  used as a public aircraft, a civil aircraft, or a model  aircraft.
“(2) Existing process.–The Secretary may implement an  existing process to meet the requirements under paragraph  (1).”.
(b) Table of Contents.–The table of contents for chapter 448 of  title 49, United States Code, as added by this Act, is further amended  by adding at the end the following:
“44804. Small unmanned aircraft in the Arctic.”.

SEC. 345. SMALL UNMANNED AIRCRAFT SAFETY STANDARDS.

(a) In General.–Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:
“Sec. 44805. <<NOTE: 49 USC 44805.>> Small Unmanned aircraft safety standards
“(a) FAA Process for Acceptance and Authorization.–The Administrator of the Federal Aviation Administration shall establish a process for–
“(1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems;
“(2) authorizing the operation of small unmanned aircraft system make and model designed, produced, or modified in accordance with the consensus safety standards accepted under paragraph (1);
“(3) authorizing a manufacturer to self-certify a small unmanned aircraft system make or model that complies with consensus safety standards accepted under paragraph (1); and
“(4) certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the requirements of paragraph (1).
“(b) Considerations.–Before accepting consensus safety standards under subsection (a), the Administrator of the Federal Aviation Administration shall consider the following:
“(1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities.
“(2) Using performance-based requirements.
“(3) Assessing varying levels of risk posed by different small unmanned aircraft systems and their operation and tailoring performance-based requirements to appropriately mitigate risk.
“(4) Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised.
“(5) Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.
“(6) Means to prevent tampering with or modification of any system, limitation, or other safety mechanism or standard under this section or any other provision of law, including a means to identify any tampering or modification that has been made.
“(7) Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190; 130 Stat. 615).
“(8) To the extent not considered previously by the consensus body that crafted consensus safety standards, cost- benefit and risk analyses of consensus safety standards that may be accepted pursuant to subsection (a) for newly designed small unmanned aircraft systems.
“(9) Applicability of consensus safety standards to small unmanned aircraft systems that are not manufactured commercially.
“(10) Any technology or standard related to small unmanned aircraft systems that promotes aviation safety.
“(11) Any category of unmanned aircraft systems that should be exempt from the consensus safety standards based on risk factors.
“(e) Nonapplicability of Other Laws.–The process for authorizing the operation of small unmanned aircraft systems under subsection (a) may allow for operation of any applicable small unmanned aircraft systems within the national airspace system without requiring–
“(1) airworthiness certification requirements under section 44704 of this title; or
“(2) type certification under part 21 of title 14, Code of Federal Regulations.
“(f) Revocation.–The Administrator may suspend or revoke the authorizations in subsection (a) if the Administrator determines that the manufacturer or the small unmanned aircraft system is no longer in compliance with the standards accepted by the Administrator under subsection (a)(1) or with the manufacturer’s statement of compliance under subsection (h).
“(g) Requirements.–With regard to an authorization under the processes in subsection (a), the Administrator may require a manufacturer of small unmanned aircraft systems to provide the Federal Aviation Administration with the following:
“(1) The aircraft system’s operating instructions.
“(2) The aircraft system’s recommended maintenance and inspection procedures.
“(3) The manufacturer’s statement of compliance described in subsection (h).
“(4) Upon request, a sample aircraft to be inspected by the Federal Aviation Administration to ensure compliance with the consensus safety standards accepted by the Administrator under subsection (a).
“(h) Manufacturer’s Statement of Compliance for Small UAS.–A manufacturer’s statement of compliance shall–
“(1) identify the aircraft make, model, range of serial numbers, and any applicable consensus safety standards used and accepted by the Administrator;
“(2) state that the aircraft make and model meets the provisions of the consensus safety standards identified in paragraph (1);
“(3) state that the aircraft make and model conforms to the manufacturer’s design data and is manufactured in a way that ensures consistency across units in the production process in order to meet the applicable consensus safety standards accepted by the Administrator;
“(4) state that the manufacturer will make available to the Administrator, operators, or customers–
“(A) the aircraft’s operating instructions, which conform to the consensus safety standards identified in paragraph (1); and
“(B) the aircraft’s recommended maintenance and inspection procedures, which conform to the consensus safety standards identified in paragraph (1);
“(5) state that the manufacturer will monitor safety-of- flight issues and take action to ensure it meets the consensus safety standards identified in paragraph (1) and report these issues and subsequent actions to the Administrator;
“(6) state that at the request of the Administrator, the manufacturer will provide reasonable access for the Administrator to its facilities for the purposes of overseeing compliance with this section; and
“(7) state that the manufacturer, in accordance with the consensus safety standards accepted by the Federal Aviation Administration, has–
“(A) ground and flight tested random samples of the aircraft;
“(B) found the sample aircraft performance acceptable; and
“(C) determined that the make and model of aircraft is suitable for safe operation.
“(i) Prohibitions.–
“(1) False statements of compliance.–It shall be unlawful for any person to knowingly submit a statement of compliance described in subsection (h) that is fraudulent or intentionally false.
“(2) Introduction into interstate commerce.–Unless the Administrator determines operation of an unmanned aircraft system may be conducted without an airworthiness certificate or permission, authorization, or approval under subsection (a), it shall be unlawful for any person to knowingly introduce or deliver for introduction into interstate commerce any small unmanned aircraft system that is manufactured after the date that the Administrator accepts consensus safety standards under this section unless–
“(A) the make and model has been authorized for operation under subsection (a); or
“(B) the aircraft has alternatively received design and production approval issued by the Federal Aviation Administration.
“(j) Exclusions.–The Administrator may exempt from the requirements of this section small unmanned aircraft systems that are not capable of navigating beyond the visual line of sight of the operator through advanced flight systems and technology, if the Administrator determines that such an exemption does not pose a risk to the safety of the national airspace system.”.
(b) <<NOTE: 49 USC 44805 note.>> Unmanned Aircraft Systems Research Facility.–The Center of Excellence for Unmanned Aircraft Systems shall establish an unmanned aircraft systems research facility to study appropriate safety standards for unmanned aircraft systems and to validate such standards, as directed by the Administrator of the Federal Aviation Administration, consistent with section 44805 of title 49, United States Code, as added by this section.
(c) Table of Contents.–The table of contents for chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:
“44805. Small unmanned aircraft safety standards.”.

SEC. 346. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

(a) In General.–Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:
“Sec. 44806. <<NOTE: 49 USC 44806.>> Public unmanned aircraft systems
“(a) Guidance.–The Secretary of Transportation shall issue guidance regarding the operation of a public unmanned aircraft system–
“(1) to streamline and expedite the process for the issuance of a certificate of authorization or a certificate of waiver;
“(2) to facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate public unmanned aircraft systems; and
“(3) to provide guidance on a public agency’s responsibilities when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration.
“(b) Agreements With Government Agencies.–
“(1) In general.–The Secretary shall enter into an agreement with each appropriate public agency to simplify the process for issuing a certificate of waiver or a certificate of authorization with respect to an application for authorization to operate a public unmanned aircraft system in the national airspace system.
“(2) Contents.–An agreement under paragraph (1) shall–
“(A) with respect to an application described in paragraph (1)–
“(i) provide for an expedited review of the application;
“(ii) require a decision by the Administrator on approval or disapproval not later than 60 business days after the date of submission of the application; and
“(iii) allow for an expedited appeal if the application is disapproved;
“(B) allow for a one-time approval of similar operations carried out during a fixed period of time; and
“(C) allow a government public safety agency to operate an unmanned aircraft weighing 4.4 pounds or less if that unmanned aircraft is operated–
“(i) within or beyond the visual line of sight of the operator;
“(ii) less than 400 feet above the ground;
“(iii) during daylight conditions;
“(iv) within Class G airspace; and
“(v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.
“(c) Public Actively Tethered Unmanned Aircraft Systems.–
“(1) In general.–Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall permit the use of, and may issue guidance regarding, the use of public actively tethered unmanned aircraft systems that are–
“(A) operated at an altitude of less than 150 feet above ground level;
“(B) operated–
“(i) within class G airspace; or
“(ii) at or below the ceiling depicted on the Federal Aviation Administration’s published UAS facility maps for class B, C, D, or E surface area airspace;
“(C) not flown directly over non-participating persons;
“(D) operated within visual line of sight of the operator; and
“(E) operated in a manner that does not interfere with and gives way to any other aircraft.
“(2) Requirements.–Public actively tethered unmanned aircraft systems may be operated —
“(A) without any requirement to obtain a certificate of authorization, certificate of waiver, or other approval by the Federal Aviation Administration;
“(B) without requiring airman certification under section 44703 of this title or any rule or regulation relating to airman certification; and
“(C) without requiring airworthiness certification under section 44704 of this title or any rule or regulation relating to aircraft certification.
“(3) Safety standards.–Public actively tethered unmanned aircraft systems operated within the scope of the guidance issued pursuant to paragraph (1) shall be exempt from the requirements of section 44805 of this title.
“(4) Savings provision.–Nothing in this subsection shall be construed to preclude the Administrator of the Federal Aviation Administration from issuing new regulations for public actively tethered unmanned aircraft systems in order to ensure the safety of the national airspace system.
“(d) Federal Agency Coordination to Enhance the Public Health and Safety Capabilities of Public Unmanned Aircraft Systems.–The Administrator shall assist Federal civilian Government agencies that operate unmanned aircraft systems within civil-controlled airspace, in operationally deploying and integrating sense and avoid capabilities, as necessary to operate unmanned aircraft systems safely within the national airspace system.”.
(b) Technical and Conforming Amendments.–
(1) Table of contents.–The table of contents for chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:
“44806. Public unmanned aircraft systems.”.
(2) Public unmanned aircraft systems.–Section 334 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) and the item relating to that section in the table of contents under section 1(b) of that Act (126 Stat. 13) are repealed.
(3) Facilitating interagency cooperation.–Section 2204(a) of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190; 130 Stat. 615) <<NOTE: 49 USC 40101 note.>> is amended by striking “section 334(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)” and inserting
“section 44806 of title 49, United States Code”.

SEC. 347. SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.

(a) In General.–Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:
“Sec. 44807. <<NOTE: 49 USC 44807.>> Special authority for certain unmanned aircraft systems
“(a) In General.–Notwithstanding any other requirement of this chapter, the Secretary of Transportation shall use a risk-based approach to determine if certain unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 44802 or the guidance required by section 44806.
“(b) Assessment of Unmanned Aircraft Systems.–In making the determination under subsection (a), the Secretary shall determine, at a minimum–
“(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night, do not create a hazard to users of the national airspace system or the public; and
“(2) whether a certificate under section 44703 or section 44704 of this title, or a certificate of waiver or certificate of authorization, is required for the operation of unmanned aircraft systems identified under paragraph (1) of this subsection.
“(c) Requirements for Safe Operation.–If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system, including operation related to research, development, and testing of proprietary systems.
“(d) Sunset.–The authority under this section for the Secretary to determine if certain unmanned aircraft systems may operate safely in the national airspace system terminates effective September 30, 2023.”.
(b) Technical and Conforming Amendments.–
(1) Table of contents.–The table of contents for chapter 448, as added by this Act, <<NOTE: 49 USC 44801 prec.>> is further amended by adding at the end the following:
“44807. Special authority for certain unmanned aircraft systems.”.
(2) Special rules for certain unmanned aircraft systems.– Section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) and the item relating to that section in the table of contents under section 1(b) of that Act (126 Stat. 13) are repealed.

SEC. 348. CARRIAGE OF PROPERTY BY SMALL UNMANNED AIRCRAFT SYSTEMS FOR COMPENSATION OR HIRE.

(a) In General.–Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:
“Sec. 44808. <<NOTE: 49 USC 44808.>> Carriage of property by small unmanned aircraft systems for compensation or hire
“(a) In General.–Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator of the Federal Aviation Administration shall update existing regulations to authorize the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the United States.
“(b) Contents.–Any rulemaking conducted under subsection (a) shall provide for the following:
“(1) Use performance-based requirements.
“(2) Consider varying levels of risk to other aircraft and to persons and property on the ground posed by different unmanned aircraft systems and their operation and tailor performance-based requirements to appropriately mitigate risk.
“(3) Consider the unique characteristics of highly automated, small unmanned aircraft systems.
“(4) Include requirements for the safe operation of small unmanned aircraft systems that, at a minimum, address–
“(A) airworthiness of small unmanned aircraft systems;
“(B) qualifications for operators and the type and nature of the operations;
“(C) operating specifications governing the type and nature of the unmanned aircraft system air carrier operations; and
“(D) the views of State, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the communities to be served.
“(5) Small uas.–The Secretary may amend part 298 of title 14, Code of Federal Regulations, to update existing regulations to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such authority shall only require–
“(A) registration with the Department of Transportation;
“(B) authorization from the Federal Aviation Administration to conduct operations; and
“(C) compliance with chapters 401, 411, and 417.
“(6) Availability of current certification processes.– Pending completion of the rulemaking required in subsection (a) of this section, a person may seek an air carrier operating certificate and certificate of public convenience and necessity, or an exemption from such certificate, using existing processes.”.
(b) Table of Contents.–The table of contents for chapter 448 of title 49, United States Code, as added by this Act, <<NOTE: 49 USC 44801 prec.>> is further amended by adding at the end the following:
“44808. Carriage of property by small unmanned aircraft systems for compensation or hire.”.

SEC. 349. EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS OF UNMANNED AIRCRAFT.

(a) In General.–Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:
“Sec. 44809. <<NOTE: 49 USC 44809.>> Exception for limited recreational operations of unmanned aircraft
“(a) In General.–Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:
“(1) The aircraft is flown strictly for recreational purposes.
“(2) The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
“(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co- located and in direct communication with the operator.
“(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
“(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
“(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.
“(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
“(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.
“(b) Other Operations.–Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.
“(c) Operations at Fixed Sites.–
“(1) Operating procedure required.–Persons operating unmanned aircraft under subsection (a) from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization conducting a sanctioned event within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.
“(2) Unmanned aircraft weighing more than 55 pounds.–A person may operate an unmanned aircraft weighing more than 55 pounds, including the weight of anything attached to or carried by the aircraft, under subsection (a) if–
“(A) the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and
“(B) the aircraft is operated from a fixed site as described in paragraph (1).
“(d) Updates.–
“(1) In general.–The Administrator, in consultation with government, stakeholders, and community-based organizations, shall initiate a process to periodically update the operational parameters under subsection (a), as appropriate.
“(2) Considerations.–In updating an operational parameter under paragraph (1), the Administrator shall consider–
“(A) appropriate operational limitations to mitigate risks to aviation safety and national security, including risk to the uninvolved public and critical infrastructure;
“(B) operations outside the membership, guidelines, and programming of a community-based organization;
“(C) physical characteristics, technical standards, and classes of aircraft operating under this section;
“(D) trends in use, enforcement, or incidents involving unmanned aircraft systems;
“(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and
“(F) equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the national airspace system.
“(3) Savings clause.–Nothing in this subsection shall be construed as expanding the authority of the Administrator to require a person operating an unmanned aircraft under this section to seek permissive authority of the Administrator, beyond that required in subsection (a) of this section, prior to operation in the national airspace system.
“(e) Statutory Construction.–Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system.
“(f) Exceptions.–Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception set forth in this section, relating to–
“(1) updates to the operational parameters for unmanned aircraft in subsection (a);
“(2) the registration and marking of unmanned aircraft;
“(3) the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and
“(4) other standards consistent with maintaining the safety and security of the national airspace system.
“(g) Aeronautical Knowledge and Safety Test.–
“(1) In general.–Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered electronically by the Administrator, a community- based organization, or a person designated by the Administrator.
“(2) Requirements.–The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s–
“(A) understanding of aeronautical safety knowledge; and
“(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.
“(h) Community-based Organization Defined.–In this section, the term `community-based organization’ means a membership-based association entity that–
“(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
“(2) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
“(3) the mission of which is demonstrably the furtherance of model aviation;
“(4) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the ground, and may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling active, sustained, and
controlled navigation of the aircraft beyond visual line of sight of the operator;
“(5) provides programming and support for any local charter organizations, affiliates, or clubs; and
“(6) provides assistance and support in the development and operation of locally designated model aircraft flying sites.
“(i) Recognition of Community-based Organizations.–In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.”.
(b) Technical and Conforming Amendments.–
(1) Table of contents.–The table of contents for chapter 448 of title 49, United States Code, as added <<NOTE: 49 USC 44801 prec.>> by this Act, is further amended by adding at the end the following:
“44809. Exception for limited recreational operations of unmanned
aircraft.”.
(2) Repeal.–Section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) and the item relating to that
section in the table of contents under section 1(b) of that Act are repealed.

SEC. 350. <<NOTE: 49 USC 44809 note.>> USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTITUTIONS OF HIGHER EDUCATION.

(a) Educational and Research Purposes.–For the purposes of section 44809 of title 49, United States Code, as added by this Act, a
“recreational purpose” as distinguished in subsection (a)(1) of such section shall include an unmanned aircraft system operated by an institution of higher education for educational or research purposes.
(b) Updates.–In updating an operational parameter under subsection (d)(1) of such section for unmanned aircraft systems operated by an institution of higher education for educational or research purposes, the Administrator shall consider–
(1) use of small unmanned aircraft systems and operations at an accredited institution of higher education, for educational or research purposes, as a component of the institution’s curricula or research;
(2) the development of streamlined, risk-based operational approval for unmanned aircraft systems operated by institutions of higher education; and
(3) the airspace and aircraft operators that may be affected by such operations at the institution of higher education.
(c) Deadline for Establishment of Procedures and Standards.–Not later than 270 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration may establish regulations, procedures, and standards, as necessary, to facilitate the safe operation of unmanned aircraft systems operated by institutions of higher education for educational or research purposes.
(d) Definitions.–In this section:
(1) Institution of higher education.–The term “institution of higher education” has the meaning given to that term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(2) Educational or research purposes.–The term “education or research purposes”, with respect to the operation of an unmanned aircraft system by an institution of higher education, includes–
(A) instruction of students at the institution;
(B) academic or research related uses of unmanned aircraft systems that have been approved by the institution, including Federal research;
(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and
(D) other academic activities approved by the institution.
(e) Statutory Construction.–
(1) Enforcement.–Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system.
(2) Regulations and standards.–Nothing in this section prohibits the Administrator from promulgating any rules or standards consistent with maintaining the safety and security of the national airspace system.

SEC. 351. <<NOTE: 49 USC 44802 note.>> UNMANNED AIRCRAFT SYSTEMS
INTEGRATION PILOT PROGRAM.

(a) Authority.–The Secretary of Transportation may establish a pilot program to enable enhanced drone operations as required in the October 25, 2017 Presidential Memorandum entitled “Unmanned Aircraft Systems Integration Pilot Program” and described in 82 Federal Register 50301.
(b) Applications.–The Secretary shall accept applications from State, local, and Tribal governments, in partnership with unmanned aircraft system operators and other private-sector stakeholders, to test and evaluate the integration of civil and public UAS operations into the low-altitude national airspace system.
(c) Objectives.–The purpose of the pilot program is to accelerate existing UAS integration plans by working to solve technical, regulatory, and policy challenges, while enabling advanced UAS operations in select areas subject to ongoing safety oversight and cooperation between the Federal Government and applicable State, local, or Tribal jurisdictions, in order to–
(1) accelerate the safe integration of UAS into the NAS by testing and validating new concepts of beyond visual line of sight operations in a controlled environment, focusing on detect and avoid technologies, command and control links, navigation, weather, and human factors;
(2) address ongoing concerns regarding the potential security and safety risks associated with UAS operating in close proximity to human beings and critical infrastructure by ensuring that operators communicate more effectively with Federal, State, local, and Tribal law enforcement to enable law enforcement to determine if a UAS operation poses such a risk;
(3) promote innovation in and development of the United States unmanned aviation industry, especially in sectors such as agriculture, emergency management, inspection, and transportation safety, in which there are significant public benefits to be gained from the deployment of UAS; and
(4) identify the most effective models of balancing local and national interests in UAS integration.
(d) Application Submission.–The Secretary shall establish application requirements and require applicants to include the following information:
(1) Identification of the airspace to be used, including shape files and altitudes.
(2) Description of the types of planned operations.
(3) Identification of stakeholder partners to test and evaluate planned operations.
(4) Identification of available infrastructure to support planned operations.
(5) Description of experience with UAS operations and regulations.
(6) Description of existing UAS operator and any other stakeholder partnerships and experience.
(7) Description of plans to address safety, security, competition, privacy concerns, and community outreach.
(e) Monitoring and Enforcement of Limitations.–
(1) In general.–Monitoring and enforcement of any limitations enacted pursuant to this pilot project shall be the responsibility of the jurisdiction.
(2) Savings provision.–Nothing in paragraph (1) may beconstrued to prevent the Secretary from enforcing Federal law.
(3) Examples of limitations.–Limitations under this section may include–
(A) prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access;
(B) establishing designated take-off and landing zones, limiting operations over moving locations or fixed site public road and parks, sidewalks or private property based on zoning density, or other land use considerations;
(C) requiring notice to public safety or zoning or land use authorities before operating; and
(D) prohibiting operations in connection with community or sporting events that do not remain in one place (for example, parades and running events).
(f) Selection Criteria.–In making determinations, the Secretary shall evaluate whether applications meet or exceed the following criteria:
(1) Overall economic, geographic, and climatic diversity of the selected jurisdictions.
(2) Overall diversity of the proposed models of government involvement.
(3) Overall diversity of the UAS operations to be conducted.
(4) The location of critical infrastructure.
(5) The involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS.
(6) The involvement of affected communities in, and their support for, participating in the pilot program.
(7) The commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety and to address competition, privacy, and civil liberties concerns.
(8) The commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:
(A) Promoting innovation and economic development.
(B) Enhancing transportation safety.
(C) Enhancing workplace safety.
(D) Improving emergency response and search and rescue functions.
(E) Using radio spectrum efficiently and competitively.

(g) Implementation.–The Secretary shall use the data collected and experience gained over the course of this pilot program to–
(1) identify and resolve technical challenges to UAS integration;
(2) address airspace use to safely and efficiently integrate all aircraft;
(3) inform operational standards and procedures to improve safety (for example, detect and avoid capabilities, navigation and altitude performance, and command and control link);
(4) inform FAA standards that reduce the need for waivers(for example, for operations over human beings, night operations, and beyond visual line of sight); and
(5) address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non- Federal Government entities, and privacy issues.
(h) Notification.–Prior to initiating any additional rounds of agreements with State, local, or Tribal governments as part of the pilot program established under subsection (a), the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations in the Senate.
(i) Sunset.–The pilot program established under subsection (a) shall terminate 3 years after the date on which the memorandum referenced in subsection (a) is signed by the President.
(j) Savings Clause.–Nothing in this section shall affect any proposals, selections, imposition of conditions, operations, or other decisions made–
(1) under the pilot program developed by the Secretary of Transportation pursuant to the Presidential memorandum titled
“Unmanned Aircraft Systems Integration Pilot Program”, as published in the Federal Register on October 30, 2017 (82 Fed. Reg. 50301); and
(2) prior to the date of enactment of this Act.
(k) Definitions.–In this section:
(1) The term “Lead Applicant” means an eligible State, local or Tribal government that has submitted a timely application.
(2) The term “NAS” means the low-altitude national airspace system.
(3) The term “UAS” means unmanned aircraft system.

SEC. 352. PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVEMENTS.

(a) Transparency.–Not later than 30 days after the date of
enactment of this Act, the Administrator shall publish on the FAA
website a representative sample of the safety justifications, offered by
applicants for small unmanned aircraft system waivers and airspace
authorizations, that have been approved by the Administration for each
regulation waived or class of airspace authorized, except that any
published justification shall not reveal proprietary or commercially
sensitive information.
(b) Technology Improvements.–Not later than 90 days after the date
of enactment of this Act, the Administrator shall revise the online
waiver and certificates of authorization processes–
(1) to provide real time confirmation that an application
filed online has been received by the Administration; and
(2) to provide an applicant with an opportunity to review
the status of the applicant’s application.

SEC. 353. <<NOTE: 49 USC 44802 note.>> EMERGENCY EXEMPTION PROCESS.

(a) Sense of Congress.–It is the sense of Congress that the use of
unmanned aircraft systems by civil and public operators–
(1) is an increasingly important tool in response to a
catastrophe, disaster, or other emergency;
(2) helps facilitate emergency response operations, such as
firefighting and search and rescue; and
(3) helps facilitate post-catastrophic response operations,
such as utility and infrastructure restoration efforts and the
safe and prompt processing, adjustment, and payment of insurance
claims.

(b) Updates.–The Administrator shall, as necessary, update and
improve the Special Government Interest process described
in chapter 7 of Federal Aviation Administration Order JO 7200.23A to
ensure that civil and public operators, including local law enforcement
agencies and first responders, continue to use unmanned aircraft system
operations quickly and efficiently in response to a catastrophe,
disaster, or other emergency.
(c) Best Practices.–The Administrator shall develop best practices
for the use of unmanned aircraft systems by States and localities to
respond to a catastrophe, disaster, or other emergency response and
recovery operation.

SEC. 354. <<NOTE: 49 USC 44802 note.>> TREATMENT OF UNMANNED AIRCRAFT OPERATING UNDERGROUND.

An unmanned aircraft system that is operated underground for mining
purposes shall not be subject to regulation or enforcement by the FAA
under title 49, United States Code.

SEC. 355. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.

(a) Public UAS Operations by Tribal Governments.–Section
40102(a)(41) of title 49, United States Code, is amended by adding at
the end the following:
“(F) An unmanned aircraft that is owned and
operated by, or exclusively leased for at least 90
continuous days by, an Indian Tribal government, as
defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122), except as provided in section 40125(b).”.

(b) Conforming Amendment.–Section 40125(b) of title 49, United
States Code, is amended by striking “or (D)” and inserting “(D), or
(F)”.

SEC. 356. AUTHORIZATION OF APPROPRIATIONS FOR KNOW BEFORE YOU FLY CAMPAIGN.

There are authorized to be appropriated to the Administrator of the
Federal Aviation Administration $1,000,000 for each of fiscal years 2019
through 2023, out of funds made available under section 106(k), for the
Know Before You Fly educational campaign or similar public informational
efforts intended to broaden unmanned aircraft systems safety awareness.

SEC. 357. <<NOTE: 49 USC 44801 note.>> UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY.

It is the policy of the United States that the operation of any
unmanned aircraft or unmanned aircraft system shall be carried out in a
manner that respects and protects personal privacy consistent with the
United States Constitution and Federal, State, and local law.

SEC. 358. UAS PRIVACY REVIEW.

(a) Review.–The Comptroller General of the United States, in
consideration of relevant efforts led by the National Telecommunications
and Information Administration, shall carry out a review of the privacy
issues and concerns associated with the operation of unmanned aircraft
systems in the national airspace system.
(b) Consultation.–In carrying out the review, the Comptroller
General shall–
(1) consult with the Department of Transportation and the
National Telecommunications and Information Administration of
the Department of Commerce on its ongoing efforts responsive to the Presidential memorandum titled “Promoting
Economic Competitiveness While Safeguarding Privacy, Civil
Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft
Systems” and dated February 15, 2015;
(2) examine and identify the existing Federal, State, or
relevant local laws that address an individual’s personal
privacy;
(3) identify specific issues and concerns that may limit the
availability of civil or criminal legal remedies regarding
inappropriate operation of unmanned aircraft systems in the
national airspace system;
(4) identify any deficiencies in Federal, State, or local
privacy protections; and
(5) provide recommendations to address any limitations and
deficiencies identified in paragraphs (3) and (4).

(c) Report.–Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report on the results of the review required under subsection
(a).

SEC. 359. STUDY ON FIRE DEPARTMENT AND EMERGENCY SERVICE AGENCY USE OF UNMANNED AIRCRAFT SYSTEMS.

(a) Study.–
(1) In general.–The Administrator shall conduct a study on
the use of unmanned aircraft systems by fire departments and
emergency service agencies. Such study shall include an analysis
of–
(A) how fire departments and emergency service
agencies currently use unmanned aircraft systems;
(B) obstacles to greater use of unmanned aircraft
systems by fire departments and emergency service
agencies;
(C) the best way to provide outreach to support
greater use of unmanned aircraft systems by fire
departments and emergency service agencies;
(D) laws or regulations that present barriers to
career, combination, and volunteer fire departments’
ability to use unmanned aircraft systems;
(E) training and certifications required for the use
of unmanned aircraft systems by fire departments and
emergency service agencies;
(F) airspace limitations and concerns in the use of
unmanned aircraft systems by fire departments and
emergency service agencies;
(G) roles of unmanned aircraft systems in the
provision of fire and emergency services;
(H) technological challenges to greater adoption of
unmanned aircraft systems by fire departments and
emergency service agencies; and
(I) other issues determined appropriate by the
Administrator.
(2) Consultation.–In conducting the study under paragraph
(1), the Administrator shall consult with national fire and
emergency service organizations.

(b) Report.–Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the study conducted under subsection (a), including the Administrator’s findings, conclusions, and
recommendations.

SEC. 360. STUDY ON FINANCING OF UNMANNED AIRCRAFT SERVICES.

(a) In General.–Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
a study on appropriate fee mechanisms to recover the costs of–
(1) the regulation and safety oversight of unmanned aircraft
and unmanned aircraft systems; and
(2) the provision of air navigation services to unmanned
aircraft and unmanned aircraft systems.

(b) Considerations.–In carrying out the study, the Comptroller
General shall consider, at a minimum–
(1) any recommendations of Task Group 3 of the Drone
Advisory Committee chartered by the Federal Aviation
Administration on August 31, 2016;
(2) the total annual costs incurred by the Federal Aviation
Administration for the regulation and safety oversight of
activities related to unmanned aircraft;
(3) the annual costs attributable to various types, classes,
and categories of unmanned aircraft activities;
(4) air traffic services provided to unmanned aircraft
operating under instrument flight rules, excluding public
aircraft;
(5) the number of full-time Federal Aviation Administration
employees dedicated to unmanned aircraft programs;
(6) the use of privately operated UTM and other privately
operated unmanned aircraft systems;
(7) the projected growth of unmanned aircraft operations for
various applications and the estimated need for regulation,
oversight, and other services;
(8) the number of small businesses involved in the various
sectors of the unmanned aircraft industry and operating as
primary users of unmanned aircraft; and
(9) any best practices or policies utilized by jurisdictions
outside the United States relating to partial or total recovery
of regulation and safety oversight costs related to unmanned
aircraft and other emergent technologies.

(c) Report to Congress.–Not later than 180 days after initiating
the study, the Comptroller General shall submit to the appropriate
committees of Congress a report containing recommendations on
appropriate fee mechanisms to recover the costs of regulating and
providing air navigation services to unmanned aircraft and unmanned
aircraft systems.

SEC. 361. REPORT ON UAS AND CHEMICAL AERIAL APPLICATION.

Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
report evaluating which aviation safety requirements under part 137 of
title 14, Code of Federal Regulations, should apply to unmanned aircraft
system operations engaged in aerial spraying of chemicals for
agricultural purposes.

SEC. 362. SENSE OF CONGRESS REGARDING UNMANNED AIRCRAFT SAFETY.

It is the sense of Congress that–
(1) the unauthorized operation of unmanned aircraft near
airports presents a serious hazard to aviation safety;
(2) a collision between an unmanned aircraft and a
conventional aircraft in flight could jeopardize the safety of
persons aboard the aircraft and on the ground;
(3) Federal aviation regulations, including sections 91.126
through 91.131 of title 14, Code of Federal Regulations,
prohibit unauthorized operation of an aircraft in controlled
airspace near an airport;
(4) Federal aviation regulations, including section 91.13 of
title 14, Code of Federal Regulations, prohibit the operation of
an aircraft in a careless or reckless manner so as to endanger
the life or property of another;
(5) the Administrator should pursue all available civil and
administrative remedies available to the Administrator,
including referrals to other government agencies for criminal
investigations, with respect to persons who operate unmanned
aircraft in an unauthorized manner;
(6) the Administrator should–
(A) place particular priority in continuing
measures, including partnering with nongovernmental
organizations and State and local agencies, to educate
the public about the dangers to public safety of
operating unmanned aircraft over areas that have
temporary flight restrictions in place, for purposes
such as wildfires, without appropriate authorization;
and
(B) partner with State and local agencies to
effectively enforce relevant laws so that unmanned
aircrafts do not interfere with the efforts of emergency
responders;
(7) the Administrator should place particular priority on
continuing measures, including partnerships with nongovernmental
organizations, to educate the public about the dangers to the
public safety of operating unmanned aircraft near airports
without the appropriate approvals or authorizations; and
(8) manufacturers and retail sellers of small unmanned
aircraft systems should take steps to educate consumers about
the safe and lawful operation of such systems.

SEC. 363. <<NOTE: 49 USC 44802 note.>> PROHIBITION REGARDING WEAPONS.

(a) In General.–Unless authorized by the Administrator, a person
may not operate an unmanned aircraft or unmanned aircraft system that is
equipped or armed with a dangerous weapon.
(b) Dangerous Weapon Defined.–In this section, the term “dangerous
weapon” has the meaning given that term in section 930(g)(2) of title
18, United States Code.
(c) Penalty.–A person who violates this section is liable to the
United States Government for a civil penalty of not more than $25,000
for each violation.

SEC. 364. U.S. COUNTER-UAS SYSTEM REVIEW OF INTERAGENCY COORDINATION PROCESSES.

(a) In General.–Not later than 60 days after that date of enactment
of this Act, the Administrator, in consultation with government agencies
currently authorized to operate Counter-Unmanned Aircraft System (C-UAS)
systems within the United States (including the territories and
possessions of the United States), shall initiate a review of the
following:
(1) The process the Administration is using for interagency
coordination of C-UAS activity pursuant to a relevant Federal
statute authorizing such activity within the United States
(including the territories and possessions of the United
States).
(2) The standards the Administration is utilizing for
operation of a C-UAS systems pursuant to a relevant Federal
statute authorizing such activity within the United States
(including the territories and possessions of the United
States), including whether the following criteria are being
taken into consideration in the development of the standards:
(A) Safety of the national airspace.
(B) Protecting individuals and property on the
ground.
(C) Non-interference with avionics of manned
aircraft, and unmanned aircraft, operating legally in
the national airspace.
(D) Non-interference with air traffic control
systems.
(E) Adequate coordination procedures and protocols
with the Federal Aviation Administration during the
operation of C-UAS systems.
(F) Adequate training for personnel operating C-UAS
systems.
(G) Assessment of the efficiency and effectiveness
of the coordination and review processes to ensure
national airspace safety while minimizing bureaucracy.
(H) Best practices for the consistent operation of
C-UAS systems to the maximum extent practicable.
(I) Current airspace authorization information
shared by automated approval processes for airspace
authorizations, such as the Low Altitude Authorization
and Notification Capability.
(J) Such other matters the Administrator considers
necessary for the safe and lawful operation of C-UAS
systems.
(3) Similar interagency coordination processes already used
for other matters that may be used as a model for improving the
interagency coordination for the usage of C-UAS systems.

(b) Report.–Not later than 180 days after the date upon which the
review in subsection (a) is initiated, the Administrator shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Armed Services of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation in the Senate, and the Committee on Armed Services of the
Senate, a report on the Administration’s activities related to C-UAS
systems, including–
(1) any coordination with Federal agencies and States,
subdivisions and States, political authorities of at least 2
States that operate C-UAS systems;
(2) an assessment of the standards being utilized for the
operation of a counter-UAS systems within the United States
(including the territories and possessions of the United
States);
(3) an assessment of the efficiency and effectiveness of the
interagency coordination and review processes to ensure national
airspace safety while minimizing bureaucracy; and
(4) a review of any additional authorities needed by the
Federal Aviation Administration to effectively oversee the
management of C-UAS systems within the United States (including
the territories and possessions of the United States).

SEC. 365. <<NOTE: 49 USC 44810 note.>> COOPERATION RELATED TO CERTAIN COUNTER-UAS TECHNOLOGY.

In matters relating to the use of systems in the national airspace
system intended to mitigate threats posed by errant or hostile unmanned
aircraft system operations, the Secretary of Transportation shall
consult with the Secretary of Defense to streamline deployment of such
systems by drawing upon the expertise and experience of the Department
of Defense in acquiring and operating such systems consistent with the
safe and efficient operation of the national airspace system.

SEC. 366. <<NOTE: 49 USC 44801 note.>> STRATEGY FOR RESPONDING TO PUBLIC SAFETY THREATS AND ENFORCEMENT UTILITY OF UNMANNED AIRCRAFT SYSTEMS.

(a) In General.–Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall develop a comprehensive strategy to provide outreach to State and
local governments and provide guidance for local law enforcement
agencies and first responders with respect to–
(1) how to identify and respond to public safety threats
posed by unmanned aircraft systems; and
(2) how to identify and take advantage of opportunities to
use unmanned aircraft systems to enhance the effectiveness of
local law enforcement agencies and first responders.

(b) Resources.–Not later than 180 days after the date of enactment
of this Act, the Administrator shall establish a publicly available
Internet website that contains resources for State and local law
enforcement agencies and first responders seeking–
(1) to respond to public safety threats posed by unmanned
aircraft systems; and
(2) to identify and take advantage of opportunities to use
unmanned aircraft systems to enhance the effectiveness of local
law enforcement agencies and public safety response efforts.

(c) Unmanned Aircraft System Defined.–In this section, the term
“unmanned aircraft system” has the meaning given that term in section
44801 of title 49, United States Code, as added by this Act.

SEC. 367. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION OCCUPATIONS RELATING TO UNMANNED AIRCRAFT INTO VETERANS EMPLOYMENT PROGRAMS OF THE ADMINISTRATION.

Not later than 180 days after the date of the enactment of this Act,
the Administrator of the Federal Aviation Administration, in
consultation with the Secretary of Veterans Affairs, the Secretary of
Defense, and the Secretary of Labor, shall determine whether occupations
of the Administration relating to unmanned aircraft systems technology
and regulations can be incorporated into the Veterans’ Employment
Program of the Administration, particularly in the interaction between
such program and the New Sights Work Experience Program and the Vet-Link
Cooperative Education Program.

SEC. 368. <<NOTE: 49 USC 44806 note.>> PUBLIC UAS ACCESS TO SPECIAL USE AIRSPACE.

Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall issue guidance for the expedited and
timely access to special use airspace for public unmanned aircraft
systems in order to assist Federal, State, local,
or tribal law enforcement organizations in conducting law enforcement,
emergency response, or for other activities.

SEC. 369. <<NOTE: 49 USC 40101 note.>> APPLICATIONS FOR DESIGNATION.

Section 2209 of the FAA Extension, Safety, and Security Act of 2016
(Public Law 114-190; 130 Stat. 615) is amended–
(1) in subsection (b)(1)(C)(i), by striking “and
distribution facilities and equipment” and inserting
“distribution facilities and equipment, and railroad
facilities”; and
(2) by adding at the end the following:
“(e) Deadlines.–
“(1) Not later than March 31, 2019, the Administrator shall
publish a notice of proposed rulemaking to carry out the
requirements of this section.
“(2) Not later than 12 months after publishing the notice
of proposed rulemaking under paragraph (1), the Administrator
shall issue a final rule.”.

SEC. 370. SENSE OF CONGRESS ON ADDITIONAL RULEMAKING AUTHORITY.

It is the sense of Congress that–
(1) beyond visual line of sight operations, nighttime
operations, and operations over people of unmanned aircraft
systems have tremendous potential–
(A) to enhance both commercial and academic use;
(B) to spur economic growth and development through
innovative applications of this emerging technology; and
(C) to improve emergency response efforts as it
relates to assessing damage to critical infrastructure
such as roads, bridges, and utilities, including water
and power, ultimately speeding response time;
(2) advancements in miniaturization of safety technologies,
including for aircraft weighing under 4.4 pounds, have increased
economic opportunities for using unmanned aircraft systems while
reducing kinetic energy and risk compared to unmanned aircraft
that may weigh 4.4 pounds or more, but less than 55 pounds;
(3) advancements in unmanned technology will have the
capacity to ultimately improve manned aircraft safety; and
(4) integrating unmanned aircraft systems safely into the
national airspace, including beyond visual line of sight
operations, nighttime operations on a routine basis, and
operations over people should remain a top priority for the
Federal Aviation Administration as it pursues additional
rulemakings under the amendments made by this section.

SEC. 371. ASSESSMENT OF AIRCRAFT REGISTRATION FOR SMALL UNMANNED
AIRCRAFT.

(a) Evaluation.–Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall enter into an
agreement with the National Academy of Public Administration, to
estimate and assess compliance with and the effectiveness of the
registration of small unmanned aircraft systems by the Federal Aviation
Administration pursuant to the interim final rule issued on December 16,
2015, titled “Registration and Marking Requirements for Small Unmanned
Aircraft” (80 Fed. Reg. 78593).

(b) Metrics.–Upon receiving the assessment, the Secretary shall, to
the extent practicable, develop metrics to measure compliance with the
interim final rule described in subsection (a), and any subsequent final
rule, including metrics with respect to–
(1) the levels of compliance with the interim final rule and
any subsequent final rule;
(2) the number of enforcement actions taken by the
Administration for violations of or noncompliance with the
interim final rule and any subsequent final rule, together with
a description of the actions; and
(3) the effect of the interim final rule and any subsequent
final rule on compliance with any fees associated with the use
of small unmanned aircraft systems.

(c) Report.–Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the to the appropriate
committees of Congress a report containing–
(1) the results of the assessment required under subsection
(a);
(2) the metrics required under subsection (b) and how the
Secretary will track these metrics; and
(3) recommendations to Congress for improvements to the
registration process for small unmanned aircraft, if necessary.

SEC. 372. <<NOTE: 49 USC 44810 note.>> ENFORCEMENT.

(a) UAS Safety Enforcement.–The Administrator of the Federal
Aviation Administration shall establish a pilot program to utilize
available remote detection or identification technologies for safety
oversight, including enforcement actions against operators of unmanned
aircraft systems that are not in compliance with applicable Federal
aviation laws, including regulations.
(b) Reporting.–As part of the pilot program, the Administrator
shall establish and publicize a mechanism for the public and Federal,
State, and local law enforcement to report suspected operation of
unmanned aircraft in violation of applicable Federal laws and
regulations.
(c) Report to Congress.–Not later than 1 year after the date of
enactment of the FAA Reauthorization Act of 2018, and annually
thereafter through the duration of the pilot program established in
subsection (a), the Administrator shall submit to the appropriate
committees of Congress a report on the following:
(1) The number of unauthorized unmanned aircraft operations
detected in restricted airspace, including in and around
airports, together with a description of such operations.
(2) The number of enforcement cases brought by the Federal
Aviation Administration or other Federal agencies for
unauthorized operation of unmanned aircraft detected through the
program, together with a description of such cases.
(3) Recommendations for safety and operational standards for
unmanned aircraft detection and mitigation systems.
(4) Recommendations for any legislative or regulatory
changes related to mitigation or detection or identification of
unmanned aircraft systems.

(d) Sunset.–The pilot program established in subsection (a) shall
terminate on September 30, 2023.
(e) Civil Penalties.–Section 46301 of title 49, United States Code,
is amended–

(1) in subsection (a)(1)(A), by inserting “chapter 448,”
after “chapter 447 (except sections 44717 and 44719-44723),”;
(2) in subsection (a)(5)(A)(i), by inserting “chapter
448,” after “chapter 447 (except sections 44717-44723),”;
(3) in subsection (d)(2), by inserting “chapter 448,”
after “chapter 447 (except sections 44717 and 44719-44723),”;
and
(4) in subsection (f)(1)(A)(i), by inserting “chapter
448,” after “chapter 447 (except sections 44717 and 44719-
44723),”.

(f) Rule of Construction.–Nothing in this section shall be
construed to limit the authority of the Administrator to pursue an
enforcement action for a violation of this subtitle or any other
applicable provision of aviation safety law or regulation using remote
detection or identification or other technology following the sunset of
the pilot program.

SEC. 373. FEDERAL AND LOCAL AUTHORITIES.

(a) In General.–Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall–
(1) conduct a study on the relative roles of the Federal
Government, State, local and Tribal governments in the
regulation and oversight of low-altitude operations of unmanned
aircraft systems in the national airspace system; and
(2) submit to the appropriate committees of Congress a
report on the study, including the Comptroller General’s
findings and conclusions.

(b) Contents.–The study under subsection (a) shall review the
following:
(1) The current state of the law with respect to Federal
authority over low-altitude operations of unmanned aircraft
systems in the national airspace system.
(2) The current state of the law with respect to State,
local, and Tribal authority over low-altitude operations of
unmanned aircraft systems in the national airspace system.
(3) Potential gaps between authorities under paragraphs (1)
and (2).
(4) The degree of regulatory consistency required among the
Federal Government, State governments, local governments, and
Tribal governments for the safe and financially viable growth
and development of the unmanned aircraft industry.
(5) The interests of Federal, State, local, and Tribal
governments affected by low-altitude operations of unmanned
aircraft systems and the authorities of those governments to
protect such interests.
(6) The infrastructure requirements necessary for monitoring
the low-altitude operations of small unmanned aircraft and
enforcing applicable laws.

SEC. 374. SPECTRUM.

(a) Report.–Not later than 270 days after the date of enactment of
this Act, and after consultation with relevant stakeholders, the
Administrator of the Federal Aviation Administration, the National
Telecommunications and Information Administration, and the Federal
Communications Commission, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House

of Representatives, and the Committee on Energy and Commerce of the
House of Representatives a report–
(1) on whether unmanned aircraft systems operations should
be permitted, but not required, to operate on spectrum that was
recommended for allocation for AM(R)S and control links for UAS
by the World Radio Conferences in 2007 (L-band, 960-1164 MHz)
and 2012 (C-band, 5030-5091 MHz), on an unlicensed, shared, or
exclusive basis, for operations within the UTM system or outside
of such a system;
(2) that addresses any technological, statutory, regulatory,
and operational barriers to the use of such spectrum; and
(3) that, if it is determined that some spectrum frequencies
are not suitable for beyond-visual-line-of-sight operations by
unmanned aircraft systems, includes recommendations of other
spectrum frequencies that may be appropriate for such
operations.

(b) No Effect on Other Spectrum.–The report required under
subsection (a) does not prohibit or delay use of any licensed spectrum
to satisfy control links, tracking, diagnostics, payload communications,
collision avoidance, and other functions for unmanned aircraft systems
operations.

SEC. 375. <<NOTE: 49 USC 44801 note.>> FEDERAL TRADE COMMISSION
AUTHORITY.

(a) In General.–A violation of a privacy policy by a person that
uses an unmanned aircraft system for compensation or hire, or in the
furtherance of a business enterprise, in the national airspace system
shall be an unfair and deceptive practice in violation of section 5(a)
of the Federal Trade Commission Act (15 U.S.C. 45(a)).
(b) Definitions.–In this section, the terms “unmanned aircraft”
and “unmanned aircraft system” have the meanings given those terms in
section 44801 of title 49, United States Code.

SEC. 376. <<NOTE: 49 USC 44802 note.>> PLAN FOR FULL OPERATIONAL CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.

(a) In General.–In conjunction with completing the requirements of
section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49
U.S.C. 40101 note), subject to subsection (b) of this section, the
Administrator, in coordination with the Administrator of the National
Aeronautics and Space Administration, and in consultation with unmanned
aircraft systems industry stakeholders, shall develop a plan to allow
for the implementation of unmanned aircraft systems traffic management
(UTM) services that expand operations beyond visual line of sight, have
full operational capability, and ensure the safety and security of all
aircraft.
(b) Completion of UTM System Pilot Program.–The Administrator shall
ensure that the UTM system pilot program, as established in section 2208
of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101
note), is conducted to meet the following objectives of a comprehensive
UTM system by the conclusion of the pilot program:
(1) In cooperation with the National Aeronautics and Space
Administration and manned and unmanned aircraft industry
stakeholders, allow testing of unmanned aircraft operations, of
increasing volumes and density, in airspace above test ranges,
as such term is defined in section 44801 of title 49, United
States Code, as well as other sites determined by the
Administrator to be suitable for UTM testing, including those

locations selected under the pilot program required in the
October 25, 2017, Presidential Memorandum entitled, “Unmanned
Aircraft Systems Integration Pilot Program” and described in 82
Federal Register 50301.
(2) Permit the testing of various remote identification and
tracking technologies evaluated by the Unmanned Aircraft Systems
Identification and Tracking Aviation Rulemaking Committee.
(3) Where the particular operational environment permits,
permit blanket waiver authority to allow any unmanned aircraft
approved by a UTM system pilot program selectee to be operated
under conditions currently requiring a case-by-case waiver under
part 107, title 14, Code of Federal Regulations, provided that
any blanket waiver addresses risks to airborne objects as well
as persons and property on the ground.

(c) Implementation Plan Contents.–The plan required by subsection
(a) shall–
(1) include the development of safety standards to permit,
authorize, or allow the use of UTM services, which may include
the demonstration and validation of such services at the test
ranges, as defined in section 44801 of title 49, United States
Code, or other sites as authorized by the Administrator;
(2) outline the roles and responsibilities of industry and
government in establishing UTM services that allow applicants to
conduct commercial and noncommercial operations, recognizing the
primary private sector role in the development and
implementation of the Low Altitude Authorization and
Notification Capability and future expanded UTM services;
(3) include an assessment of various components required for
necessary risk reduction and mitigation in relation to the use
of UTM services, including–
(A) remote identification of both cooperative and
non-cooperative unmanned aircraft systems in the
national airspace system;
(B) deconfliction of cooperative unmanned aircraft
systems in the national airspace system by such
services;
(C) the manner in which the Federal Aviation
Administration will conduct oversight of UTM systems,
including interfaces between UTM service providers and
air traffic control;
(D) the need for additional technologies to detect
cooperative and non-cooperative aircraft;
(E) collaboration and coordination with air traffic
control, or management services and technologies to
ensure the safety oversight of manned and unmanned
aircraft, including–
(i) the Federal Aviation Administration
responsibilities to collect and disseminate
relevant data to UTM service providers; and
(ii) data exchange protocols to share UAS
operator intent, operational approvals,
operational restraints, and other data necessary
to ensure safety or security of the National
Airspace System;
(F) the potential for UTM services to manage
unmanned aircraft systems carrying either cargo,
payload,

or passengers, weighing more than 55 pounds, and
operating at altitudes higher than 400 feet above ground
level; and
(G) cybersecurity protections, data integrity, and
national and homeland security benefits; and
(4) establish a process for–
(A) accepting applications for operation of UTM
services in the national airspace system;
(B) setting the standards for independent private
sector validation and verification that the standards
for UTM services established pursuant to paragraph (1)
enabling operations beyond visual line of sight, have
been met by applicants; and
(C) notifying the applicant, not later than 120 days
after the Administrator receives a complete application,
with a written approval, disapproval, or request to
modify the application.

(d) Safety Standards.–In developing the safety standards in
subsection (c)(1), the Administrator–
(1) shall require that UTM services help ensure the safety
of unmanned aircraft and other aircraft operations that occur
primarily or exclusively in airspace 400 feet above ground level
and below, including operations conducted under a waiver issued
pursuant to subpart D of part 107 of title 14, Code of Federal
Regulations;
(2) shall consider, as appropriate–
(A) protection of persons and property on the
ground;
(B) remote identification and tracking of aircraft;
(C) collision avoidance with respect to obstacles
and non-cooperative aircraft;
(D) deconfliction of cooperative aircraft and
integration of other relevant airspace considerations;
(E) right of way rules, inclusive of UAS operations;
(F) safe and reliable coordination between air
traffic control and other systems operated in the
national airspace system;
(G) detection of non-cooperative aircraft;
(H) geographic and local factors including but not
limited to terrain, buildings and structures;
(I) aircraft equipage; and
(J) qualifications, if any, necessary to operate UTM
services; and
(3) may establish temporary flight restrictions or other
means available such as a certificate of waiver or authorization
(COA) for demonstration and validation of UTM services.

(e) Revocation.–The Administrator may revoke the permission,
authorization, or approval for the operation of UTM services if the
Administrator determines that the services or its operator are no longer
in compliance with applicable safety standards.
(f) Low-risk Areas.–The Administrator shall establish expedited
procedures for approval of UTM services operated in–
(1) airspace away from congested areas; or
(2) other airspace above areas in which operations of
unmanned aircraft pose low risk, as determined by the
Administrator.

(g) Consultation.–In carrying out this section, the Administrator
shall consult with other Federal agencies, as appropriate.

(h) Sense of Congress.–It is the sense of Congress that, in
developing the safety standards for UTM services, the Federal Aviation
Administration shall consider ongoing research and development efforts
on UTM services conducted by–
(1) the National Aeronautics and Space Administration in
partnership with industry stakeholders;
(2) the UTM System pilot program required by section 2208 of
the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C.
40101 note); and
(3) the participants in the pilot program required in the
October 25, 2017, Presidential Memorandum entitled, “Unmanned
Aircraft Systems Integration Pilot Program” and described in 82
Federal Register 50301.

(i) Deadline.–Not later than 1 year after the date of conclusion of
the UTM pilot program established in section 2208 of the FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 40101 note), the
Administrator shall–
(1) complete the plan required by subsection (a);
(2) submit the plan to–
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(3) publish the plan on a publicly accessible Internet
website of the Federal Aviation Administration.

SEC. 377. <<NOTE: 49 USC 44802 note.>> EARLY IMPLEMENTATION OF CERTAIN UTM SERVICES.

(a) In General.–Not later than 120 days after the date of the
enactment of this Act, the Administrator shall, upon request of a UTM
service provider, determine if certain UTM services may operate safely
in the national airspace system before completion of the implementation
plan required by section 376.
(b) Assessment of UTM Services.–In making the determination under
subsection (a), the Administrator shall assess, at a minimum, whether
the proposed UTM services, as a result of their operational
capabilities, reliability, intended use, areas of operation, and the
characteristics of the aircraft involved, will maintain the safety and
efficiency of the national airspace system and address any identified
risks to manned or unmanned aircraft and persons and property on the
ground.
(c) Requirements for Safe Operation.–If the Administrator
determines that certain UTM services may operate safely in the national
airspace system, the Administrator shall establish requirements for
their safe operation in the national airspace system.
(d) Expedited Procedures.–The Administrator shall provide expedited
procedures for making the assessment and determinations under this
section where the UTM services will be provided primarily or exclusively
in airspace above areas in which the operation of unmanned aircraft
poses low risk, including but not limited to croplands and areas other
than congested areas.
(e) Consultation.–In carrying out this section, the Administrator
shall consult with other Federal agencies, as appropriate.
(f) Preexisting UTM Services Approvals.–Nothing in this Act shall
affect or delay approvals, waivers, or exemptions granted by the
Administrator for UTM services already in existence or approved by the
Administrator prior to the date of enactment of this Act, including approvals under the Low Altitude Authorization
and Notification Capability.

SEC. 378. SENSE OF CONGRESS.

It is the sense of Congress that–
(1) each person that uses an unmanned aircraft system for
compensation or hire, or in the furtherance of a business
enterprise, except those operated for purposes protected by the
First Amendment of the Constitution, should have a written
privacy policy consistent with section 357 that is appropriate
to the nature and scope of the activities regarding the
collection, use, retention, dissemination, and deletion of any
data collected during the operation of an unmanned aircraft
system;
(2) each privacy policy described in paragraph (1) should be
periodically reviewed and updated as necessary; and
(3) each privacy policy described in paragraph (1) should be
publicly available.

SEC. 379. <<NOTE: 49 USC 44801 note.>> COMMERCIAL AND GOVERNMENTAL OPERATORS.

(a) In General.–Not later than 270 days after the date of enactment
of this Act, the Administrator shall, to the extent practicable and
consistent with applicable law, make available in a single location on
the website of the Department of Transportation:
(1) Any certificate of waiver or authorization issued by the
Administration to Federal, State, tribal or local governments
for the operation of unmanned aircraft systems within 30 days of
issuance of such certificate of waiver or authorization.
(2) A spreadsheet of UAS registrations, including the city,
state, and zip code of each registered drone owner, on its
website that is updated once per quarter each calendar year.
(3) Summary descriptions and general purposes of public
unmanned aircraft operations, including the locations where such
unmanned aircraft may generally operate.
(4) Summary descriptions of common civil unmanned aircraft
operations.
(5) The expiration date of any authorization of public or
civil unmanned aircraft operations.
(6) Links to websites of State agencies that enforce any
applicable privacy laws.
(7) For any unmanned aircraft system, except with respect to
any operation protected by the First Amendment to the
Constitution of the United States, that will collect personally
identifiable information about individuals, including the use of
facial recognition–
(A) the circumstance under which the system will be
used;
(B) the specific kinds of personally identifiable
information that the system will collect about
individuals; and
(C) how the information referred to in subparagraph
(B), and the conclusions drawn from such information,
will be used, disclosed, and otherwise handled,
including–
(i) how the collection or retention of such
information that is unrelated to the specific use
will be minimized;
(ii) under what circumstances such information
might be sold, leased, or otherwise provided to
third parties;

(iii) the period during which such information
will be retained;
(iv) when and how such information, including
information no longer relevant to the specified
use, will be destroyed; and
(v) steps that will be used to protect against
the unauthorized disclosure of any information or
data, such as the use of encryption methods and
other security features.
(8) With respect to public unmanned aircraft systems–
(A) the locations where the unmanned aircraft system
will operate;
(B) the time during which the unmanned aircraft
system will operate;
(C) the general purpose of the flight; and
(D) the technical capabilities that the unmanned
aircraft system possesses.

(b) Exceptions.–The Administrator shall not disclose information
pursuant to subsection (a) if the Administrator determines that the
release of such information–
(1) is not applicable;
(2) is not practicable, including when the information is
not available to the Administrator;
(3) is not in compliance with applicable law;
(4) would compromise national defense, homeland security or
law enforcement activity;
(5) would be withheld pursuant to an exception of the
section 552 of title 5, United States Code (commonly known as
the “Freedom of Information Act”); or
(6) is otherwise contrary to the public interest.

(c) Sunset.–This section will cease to be effective on the date
that is the earlier of–
(1) the date of publication of a Notice of Proposed
Rulemaking or guidance regarding remote identification standards
under section 2202 of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 615); or
(2) September 30, 2023.

SEC. 380. <<NOTE: 49 USC 44802 note.>> TRANSITION LANGUAGE.

(a) Regulations.–Notwithstanding the repeals under sections 341,
348, 347, and 383 of this Act, all orders, determinations, rules,
regulations, permits, grants, and contracts, which have been issued
under any law described under subsection (b) of this section before the
effective date of this Act shall continue in effect until modified or
revoked by the Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration, as applicable, by
a court of competent jurisdiction, or by operation of law other than
this Act.
(b) Laws Described.–The laws described under this subsection are as
follows:
(1) Section 332 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(2) Section 333 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(3) Section 334 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).

(4) Section 2206 of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 615).

(c) Effect on Pending Proceedings.–This Act shall not affect
administrative or judicial proceedings pending on the effective date of
this Act.

SEC. 381. UNMANNED AIRCRAFT SYSTEMS IN RESTRICTED BUILDINGS OR GROUNDS.

Section 1752 of title 18, United States Code, is amended by adding
after subsection (a)(4) the following:
“(5) knowingly and willfully operates an unmanned aircraft
system with the intent to knowingly and willfully direct or
otherwise cause such unmanned aircraft system to enter or
operate within or above a restricted building or grounds;”.

SEC. 382. PROHIBITION.

(a) Amendment.–Chapter 2 of title 18, United States Code, is
amended by adding at the end the following:
“Sec. 40A. <<NOTE: 18 USC 40A.>> Operation of unauthorized
unmanned aircraft over wildfires

“(a) In General.–Except as provided in subsection (b), an
individual who operates an unmanned aircraft and knowingly or recklessly
interferes with a wildfire suppression, or law enforcement or emergency
response efforts related to a wildfire suppression, shall be fined under
this title, imprisoned for not more than 2 years, or both.
“(b) Exceptions.–This section does not apply to the operation of
an unmanned aircraft conducted by a unit or agency of the United States
Government or of a State, tribal, or local government (including any
individual conducting such operation pursuant to a contract or other
agreement entered into with the unit or agency) for the purpose of
protecting the public safety and welfare, including firefighting, law
enforcement, or emergency response.
“(c) Definitions.–In this section, the following definitions
apply:
“(1) Unmanned aircraft.–The term `unmanned aircraft’ has
the meaning given the term in section 44801 of title 49, United
States Code.
“(2) Wildfire.–The term `wildfire’ has the meaning given
that term in section 2 of the Emergency Wildfire Suppression Act
(42 U.S.C. 1856m).
“(3) Wildfire suppression.–The term `wildfire suppression’
means an effort to contain, extinguish, or suppress a
wildfire.”.

(b) Conforming Amendment.–The table of sections for chapter 2 of
title 18, United States Code, <<NOTE: 18 USC 31 prec.>> is amended by
inserting after the item relating to section 40 the following:

“40A. Operation of unauthorized unmanned aircraft over wildfires.”.

SEC. 383. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND ENFORCEMENT.

(a) In General.–Chapter 448 of title 49, United States Code, as
amended by this Act, is further amended by inserting at the end the
following:

“Sec. 44810. <<NOTE: 49 USC 44810.>> Airport safety and airspace
hazard mitigation and enforcement

“(a) Coordination.–The Administrator of the Federal Aviation
Administration shall work with the Secretary of Defense, the Secretary
of Homeland Security, and the heads of other relevant Federal
departments and agencies for the purpose of ensuring that technologies
or systems that are developed, tested, or deployed by Federal
departments and agencies to detect and mitigate potential risks posed by
errant or hostile unmanned aircraft system operations do not adversely
impact or interfere with safe airport operations, navigation, air
traffic services, or the safe and efficient operation of the national
airspace system.
“(b) Plan.–
“(1) In general.–The Administrator shall develop a plan
for the certification, permitting, authorizing, or allowing of
the deployment of technologies or systems for the detection and
mitigation of unmanned aircraft systems.
“(2) Contents.–The plan shall provide for the development
of policies, procedures, or protocols that will allow
appropriate officials of the Federal Aviation Administration to
utilize such technologies or systems to take steps to detect and
mitigate potential airspace safety risks posed by unmanned
aircraft system operations.
“(3) Aviation rulemaking committee.–The Administrator
shall charter an aviation rulemaking committee to make
recommendations for such a plan and any standards that the
Administrator determines may need to be developed with respect
to such technologies or systems. The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to an aviation rulemaking
committee chartered under this paragraph.
“(4) Non-delegation.–The plan shall not delegate any
authority granted to the Administrator under this section to
other Federal, State, local, territorial, or tribal agencies, or
an airport sponsor, as defined in section 47102 of title 49,
United States Code.

“(c) Airspace Hazard Mitigation Program.–In order to test and
evaluate technologies or systems that detect and mitigate potential
aviation safety risks posed by unmanned aircraft, the Administrator
shall deploy such technologies or systems at 5 airports, including 1
airport that ranks in the top 10 of the FAA’s most recent Passenger
Boarding Data.
“(d) Authority.–Under the testing and evaluation in subsection
(c), the Administrator shall use unmanned aircraft detection and
mitigation systems to detect and mitigate the unauthorized operation of
an unmanned aircraft that poses a risk to aviation safety.
“(e) Aip Funding Eligibility.–Upon the certification, permitting,
authorizing, or allowing of such technologies and systems that have been
successfully tested under this section, an airport sponsor may apply for
a grant under subchapter I of chapter 471 to purchase an unmanned
aircraft detection and mitigation system. For purposes of this
subsection, purchasing an unmanned aircraft detection and mitigation
system shall be considered airport development (as defined in section
47102).
“(f) Briefing.–The Administrator shall annually brief the
appropriate committees of Congress, including the Committee on

Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate, on the implementation of this section.
“(g) Applicability of Other Laws.–Section 46502 of this title,
section 32 of title 18, United States Code (commonly known as the
Aircraft Sabotage Act), section 1031 of title 18, United States Code
(commonly known as the Computer Fraud and Abuse Act of 1986), sections
2510-2522 of title 18, United States Code (commonly known as the Wiretap
Act), and sections 3121-3127 of title 18, United States Code (commonly
known as the Pen/Trap Statute), shall not apply to activities authorized
by the Administrator pursuant to subsection (c) and (d).
“(h) Sunset.–This section ceases to be effective September 30,
2023.
“(i) Non-delegation.–The Administrator shall not delegate any
authority granted to the Administrator under this section to other
Federal, State, local, territorial, or tribal agencies, or an airport
sponsor, as defined in section 47102 of title 49, United States Code.
The Administrator may partner with other Federal agencies under this
section, subject to any restrictions contained in such agencies’
authority to operate counter unmanned aircraft systems.”.
(b) Technical and Conforming Amendments.–
(1) Table of contents.–The table of contents for chapter
448, as amended by this Act, <<NOTE: 49 USC 44801 prec.>> is
further amended by inserting at the end the following:

“44810. Airport safety and airspace hazard mitigation and
enforcement.”.

(2) Pilot project for airport safety and airspace hazard
mitigation.–Section 2206 of the FAA Extension, Safety, and
Security Act of 2016 (Public Law 114-190; 130 Stat. 615) and the
item relating to that section in the table of contents under
section 1(b) of that Act <<NOTE: 49 USC 40101 note.>> are
repealed.

SEC. 384. UNSAFE OPERATION OF UNMANNED AIRCRAFT.

(a) In General.–Chapter 2 of title 18, United States Code, is
amended by inserting after section 39A the following:
“Sec. 39B. <<NOTE: 18 USC 39B.>> Unsafe operation of unmanned
aircraft

“(a) Offense.–Any person who operates an unmanned aircraft and:
“(1) Knowingly interferes with, or disrupts the operation
of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a manner
that poses an imminent safety hazard to such occupants, shall be
punished as provided in subsection (c).
“(2) Recklessly interferes with, or disrupts the operation
of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a manner
that poses an imminent safety hazard to such occupants, shall be
punished as provided in subsection (c).

“(b) Operation of Unmanned Aircraft in Close Proximity to
Airports.–
“(1) In general.–Any person who, without authorization,
knowingly operates an unmanned aircraft within a runway
exclusion zone shall be punished as provided in subsection (c).

“(2) Runway exclusion zone defined.–In this subsection,
the term `runway exclusion zone’ means a rectangular area–
“(A) centered on the centerline of an active runway
of an airport immediately around which the airspace is
designated as class B, class C, or class D airspace at
the surface under part 71 of title 14, Code of Federal
Regulations; and
“(B) the length of which extends parallel to the
runway’s centerline to points that are 1 statute mile
from each end of the runway and the width of which is
\1/2\ statute mile.

“(c) Penalty.–
“(1) In general.–Except as provided in paragraph (2), the
punishment for an offense under subsections (a) or (b) shall be
a fine under this title, imprisonment for not more than 1 year,
or both.
“(2) Serious bodily injury or death.–Any person who:
“(A) Causes serious bodily injury or death during
the commission of an offense under subsection (a)(2)
shall be fined under this title, imprisoned for a term
of up to 10 years, or both.
“(B) Causes, or attempts or conspires to cause,
serious bodily injury or death during the commission of
an offense under subsections (a)(1) and (b) shall be
fined under this title, imprisoned for any term of years
or for life, or both.”.

(b) Table of Contents.–The table of contents for chapter 2 of title
18, United States Code, <<NOTE: 18 USC 31 prec.>> is amended by
inserting after the item relating to section 39A the following:

“39B. Unsafe operation of unmanned aircraft.”.

SEC. 631. <<NOTE: 49 USC 40101 note.>> COMMUNITY AND TECHNICAL  COLLEGE CENTERS OF EXCELLENCE IN SMALL  UNMANNED AIRCRAFT SYSTEM TECHNOLOGY TRAINING.

(a) Designation.–Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Education and the Secretary of Labor, shall
establish a process to designate consortia of public, 2-year
institutions of higher education as Community and Technical College
Centers of Excellence in Small Unmanned Aircraft System Technology
Training (in this section referred to as the “Centers of Excellence”).
(b) Functions.–A Center of Excellence designated under subsection
(a) shall have the capacity to train students for career opportunities
in industry and government service related to the use of small unmanned
aircraft systems.
(c) Education and Training Requirements.–In order to be designated
as a Center of Excellence under subsection (a), a consortium shall be
able to address education and training requirements

associated with various types of small unmanned aircraft systems,
components, and related equipment, including with respect to–
(1) multirotor and fixed-wing small unmanned aircraft;
(2) flight systems, radio controllers, components, and
characteristics of such aircraft;
(3) routine maintenance, uses and applications, privacy
concerns, safety, and insurance for such aircraft;
(4) hands-on flight practice using small unmanned aircraft
systems and computer simulator training;
(5) use of small unmanned aircraft systems in various
industry applications and local, State, and Federal government
programs and services, including in agriculture, law
enforcement, monitoring oil and gas pipelines, natural disaster
response and recovery, fire and emergency services, and other
emerging areas;
(6) Federal policies concerning small unmanned aircraft;
(7) dual credit programs to deliver small unmanned aircraft
training opportunities to secondary school students; or
(8) training with respect to sensors and the processing,
analyzing, and visualizing of data collected by small unmanned
aircraft.

(d) Collaboration.–Each Center of Excellence shall seek to
collaborate with institutions participating in the Alliance for System
Safety of UAS through Research Excellence of the Federal Aviation
Administration and with the test ranges defined under section 44801 of
title 49, United States Code, as added by this Act.
(e) Institution of Higher Education.–In this section, the term
“institution of higher education” has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

SEC. 632. <<NOTE: 49 USC 40101 note.>> COLLEGIATE TRAINING  INITIATIVE PROGRAM FOR UNMANNED AIRCRAFT  SYSTEMS.

(a) In General.–Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish a collegiate training initiative program relating to
unmanned aircraft systems by making new agreements or continuing
existing agreements with institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under
which the institutions prepare students for careers involving unmanned
aircraft systems. The Administrator may establish standards for the
entry of such institutions into the program and for their continued
participation in the program.
(b) Unmanned Aircraft System Defined.–In this section, the term
“unmanned aircraft system” has the meaning given that term by section
44801 of title 49, United States Code, as added by this Act.

SEC. 721. <<NOTE: 49 USC 44802 note.>> UNMANNED AIRCRAFT SYSTEMS  RESEARCH AND DEVELOPMENT ROADMAP.

The Secretary shall submit the unmanned aircraft systems roadmap to
Congress on an annual basis as required under section 48802(a) of title
49, United States Code, as added by this Act.

SEC. 1602. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM  UNMANNED AIRCRAFT.

(a) In General.–Subtitle A of title II of the Homeland Security Act
of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
“SEC. 210G. <<NOTE: 6 USC 124n.>> PROTECTION OF CERTAIN
FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.

“(a) Authority.–Notwithstanding section 46502 of title 49, United
States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of
title 18, United States Code, the Secretary and the Attorney General
may, for their respective Departments, take, and may authorize personnel
with assigned duties that include the security or protection of people,
facilities, or assets, to take such actions as are described in
subsection (b)(1) that are necessary to mitigate a credible threat (as
defined by the Secretary or the Attorney General, in consultation with
the Secretary of Transportation) that an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a covered facility
or asset.
“(b) Actions Described.–
“(1) In general.–The actions authorized in subsection (a)
are the following:
“(A) During the operation of the unmanned aircraft
system, detect, identify, monitor, and track the
unmanned aircraft system or unmanned aircraft, without
prior consent, including by means of intercept or other
access of

a wire communication, an oral communication, or an
electronic communication used to control the unmanned
aircraft system or unmanned aircraft.
“(B) Warn the operator of the unmanned aircraft
system or unmanned aircraft, including by passive or
active, and direct or indirect physical, electronic,
radio, and electromagnetic means.
“(C) Disrupt control of the unmanned aircraft
system or unmanned aircraft, without prior consent,
including by disabling the unmanned aircraft system or
unmanned aircraft by intercepting, interfering, or
causing interference with wire, oral, electronic, or
radio communications used to control the unmanned
aircraft system or unmanned aircraft.
“(D) Seize or exercise control of the unmanned
aircraft system or unmanned aircraft.
“(E) Seize or otherwise confiscate the unmanned
aircraft system or unmanned aircraft.
“(F) Use reasonable force, if necessary, to
disable, damage, or destroy the unmanned aircraft system
or unmanned aircraft.
“(2) Required coordination.–The Secretary and the Attorney
General shall develop for their respective Departments the
actions described in paragraph (1) in coordination with the
Secretary of Transportation.
“(3) Research, testing, training, and evaluation.–The
Secretary and the Attorney General shall conduct research,
testing, training on, and evaluation of any equipment, including
any electronic equipment, to determine its capability and
utility prior to the use of any such technology for any action
described in subsection (b)(1).
“(4) Coordination.–The Secretary and the Attorney General
shall coordinate with the Administrator of the Federal Aviation
Administration when any action authorized by this section might
affect aviation safety, civilian aviation and aerospace
operations, aircraft airworthiness, or the use of the airspace.

“(c) Forfeiture.–Any unmanned aircraft system or unmanned aircraft
described in subsection (a) that is seized by the Secretary or the
Attorney General is subject to forfeiture to the United States.
“(d) Regulations and Guidance.–
“(1) In general.–The Secretary, the Attorney General, and
the Secretary of Transportation may prescribe regulations and
shall issue guidance in the respective areas of each Secretary
or the Attorney General to carry out this section.
“(2) Coordination.–
“(A) Coordination with department of
transportation.–The Secretary and the Attorney General
shall coordinate the development of their respective
guidance under paragraph (1) with the Secretary of
Transportation.
“(B) Effect on aviation safety.–The Secretary and
the Attorney General shall respectively coordinate with
the Secretary of Transportation and the Administrator of
the Federal Aviation Administration before issuing any
guidance, or otherwise implementing this section, if
such guidance or implementation might affect aviation
safety,

civilian aviation and aerospace operations, aircraft
airworthiness, or the use of airspace.

“(e) Privacy Protection.–The regulations or guidance issued to
carry out actions authorized under subsection (b) by each Secretary or
the Attorney General, as the case may be, shall ensure that–
“(1) the interception or acquisition of, or access to, or
maintenance or use of, communications to or from an unmanned
aircraft system under this section is conducted in a manner
consistent with the First and Fourth Amendments to the
Constitution of the United States and applicable provisions of
Federal law;
“(2) communications to or from an unmanned aircraft system
are intercepted or acquired only to the extent necessary to
support an action described in subsection (b)(1);
“(3) records of such communications are maintained only for
as long as necessary, and in no event for more than 180 days,
unless the Secretary of Homeland Security or the Attorney
General determine that maintenance of such records is necessary
to investigate or prosecute a violation of law, directly support
an ongoing security operation, is required under Federal law, or
for the purpose of any litigation;
“(4) such communications are not disclosed outside the
Department of Homeland Security or the Department of Justice
unless the disclosure–
“(A) is necessary to investigate or prosecute a
violation of law;
“(B) would support the Department of Defense, a
Federal law enforcement agency, or the enforcement
activities of a regulatory agency of the Federal
Government in connection with a criminal or civil
investigation of, or any regulatory, statutory, or other
enforcement action relating to an action described in
subsection (b)(1);
“(C) is between the Department of Homeland Security
and the Department of Justice in the course of a
security or protection operation of either agency or a
joint operation of such agencies; or
“(D) is otherwise required by law; and
“(5) to the extent necessary, the Department of Homeland
Security and the Department of Justice are authorized to share
threat information, which shall not include communications
referred to in subsection (b), with State, local, territorial,
or tribal law enforcement agencies in the course of a security
or protection operation.

“(f) Budget.–The Secretary and the Attorney General shall submit
to Congress, as a part of the homeland security or justice budget
materials for each fiscal year after fiscal year 2019, a consolidated
funding display that identifies the funding source for the actions
described in subsection (b)(1) within the Department of Homeland
Security or the Department of Justice. The funding display shall be in
unclassified form, but may contain a classified annex.
“(g) Semiannual Briefings and Notifications.–
“(1) In general.–On a semiannual basis during the period
beginning 6 months after the date of enactment of this section
and ending on the date specified in subsection (i), the
Secretary and the Attorney General shall, respectively, provide
a briefing

to the appropriate congressional committees on the activities
carried out pursuant to this section.
“(2) Requirement.–Each briefing required under paragraph
(1) shall be conducted jointly with the Secretary of
Transportation.
“(3) Content.–Each briefing required under paragraph (1)
shall include–
“(A) policies, programs, and procedures to mitigate
or eliminate impacts of such activities to the National
Airspace System;
“(B) a description of instances in which actions
described in subsection (b)(1) have been taken,
including all such instances that may have resulted in
harm, damage, or loss to a person or to private
property;
“(C) a description of the guidance, policies, or
procedures established to address privacy, civil rights,
and civil liberties issues implicated by the actions
allowed under this section, as well as any changes or
subsequent efforts that would significantly affect
privacy, civil rights or civil liberties;
“(D) a description of options considered and steps
taken to mitigate any identified impacts to the national
airspace system related to the use of any system or
technology, including the minimization of the use of any
technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions
described in subsection (b)(1);
“(E) a description of instances in which
communications intercepted or acquired during the course
of operations of an unmanned aircraft system were held
for more than 180 days or shared outside of the
Department of Justice or the Department of Homeland
Security;
“(F) how the Secretary, the Attorney General, and
the Secretary of Transportation have informed the public
as to the possible use of authorities under this
section;
“(G) how the Secretary, the Attorney General, and
the Secretary of Transportation have engaged with
Federal, State, and local law enforcement agencies to
implement and use such authorities.
“(4) Unclassified form.–Each briefing required under
paragraph (1) shall be in unclassified form, but may be
accompanied by an additional classified briefing.
“(5) Notification.–Within 30 days of deploying any new
technology to carry out the actions described in subsection
(b)(1), the Secretary and the Attorney General shall,
respectively, submit a notification to the appropriate
congressional committees. Such notification shall include a
description of options considered to mitigate any identified
impacts to the national airspace system related to the use of
any system or technology, including the minimization of the use
of any technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (b)(1).

“(h) Rule of Construction.–Nothing in this section may be
construed to–
“(1) vest in the Secretary or the Attorney General any
authority of the Secretary of Transportation or the
Administrator of the Federal Aviation Administration;

“(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Secretary or the Attorney General;
“(3) vest in the Secretary of Homeland Security any
authority of the Attorney General;
“(4) vest in the Attorney General any authority of the
Secretary of Homeland Security; or
“(5) provide a new basis of liability for any State, local,
territorial, or tribal law enforcement officers who participate
in the protection of a mass gathering identified by the
Secretary or Attorney General under subsection
(k)(3)(C)(iii)(II), act within the scope of their authority, and
do not exercise the authority granted to the Secretary and
Attorney General by this section.

“(i) Termination.–The authority to carry out this section with
respect to a covered facility or asset specified in subsection (k)(3)
shall terminate on the date that is 4 years after the date of enactment
of this section.
“(j) Scope of Authority.–Nothing in this section shall be
construed to provide the Secretary or the Attorney General with
additional authorities beyond those described in subsections (a) and
(k)(3)(C)(iii).
“(k) Definitions.–In this section:
“(1) The term `appropriate congressional committees’
means–
“(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the
Judiciary of the Senate; and
“(B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure, the
Committee on Energy and Commerce, and the Committee on
the Judiciary of the House of Representatives.
“(2) The term `budget’, with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
“(3) The term `covered facility or asset’ means any
facility or asset that–
“(A) is identified as high-risk and a potential
target for unlawful unmanned aircraft activity by the
Secretary or the Attorney General, in coordination with
the Secretary of Transportation with respect to
potentially impacted airspace, through a risk-based
assessment for purposes of this section (except that in
the case of the missions described in subparagraph
(C)(i)(II) and (C)(iii)(I), such missions shall be
presumed to be for the protection of a facility or asset
that is assessed to be high-risk and a potential target
for unlawful unmanned aircraft activity);
“(B) is located in the United States (including the
territories and possessions, territorial seas or
navigable waters of the United States); and
“(C) directly relates to one or more–
“(i) missions authorized to be performed by
the Department of Homeland Security, consistent
with governing statutes, regulations, and orders
issued by the Secretary, pertaining to–

“(I) security or protection
functions of the U.S. Customs and Border
Protection, including securing or
protecting facilities, aircraft, and
vessels, whether moored or underway;
“(II) United States Secret Service
protection operations pursuant to
sections 3056(a) and 3056A(a) of title
18, United States Code, and the
Presidential Protection Assistance Act
of 1976 (18 U.S.C. 3056 note); or
“(III) protection of facilities
pursuant to section 1315(a) of title 40,
United States Code;
“(ii) missions authorized to be performed by
the Department of Justice, consistent with
governing statutes, regulations, and orders issued
by the Attorney General, pertaining to–
“(I) personal protection operations
by–
“(aa) the Federal Bureau of
Investigation as specified in
section 533 of title 28, United
States Code; and
“(bb) the United States
Marshals Service of Federal
jurists, court officers,
witnesses, and other threatened
persons in the interests of
justice, as specified in section
566(e)(1)(A) of title 28, United
States Code;
“(II) protection of penal,
detention, and correctional facilities
and operations conducted by the Federal
Bureau of Prisons; or
“(III) protection of the buildings
and grounds leased, owned, or operated
by or for the Department of Justice, and
the provision of security for Federal
courts, as specified in section 566(a)
of title 28, United States Code;
“(iii) missions authorized to be performed by
the Department of Homeland Security or the
Department of Justice, acting together or
separately, consistent with governing statutes,
regulations, and orders issued by the Secretary or
the Attorney General, respectively, pertaining
to–
“(I) protection of a National
Special Security Event and Special Event
Assessment Rating event;
“(II) the provision of support to
State, local, territorial, or tribal law
enforcement, upon request of the chief
executive officer of the State or
territory, to ensure protection of
people and property at mass gatherings,
that is limited to a specified timeframe
and location, within available
resources, and without delegating any
authority under this section to State,
local, territorial, or tribal law
enforcement; or
“(III) protection of an active
Federal law enforcement investigation,
emergency response, or security
function, that is limited to a specified
timeframe and location; and
“(iv) missions authorized to be performed by
the United States Coast Guard, including those
described in clause (iii) as directed by the
Secretary, and as further set forth in section 104
of title 14, United

States Code, and consistent with governing
statutes, regulations, and orders issued by the
Secretary of the Department in which the Coast
Guard is operating.
“(4) The terms `electronic communication’, `intercept’,
`oral communication’, and `wire communication’ have the meaning
given those terms in section 2510 of title 18, United States
Code.
“(5) The term `homeland security or justice budget
materials’, with respect to a fiscal year, means the materials
submitted to Congress by the Secretary and the Attorney General
in support of the budget for that fiscal year.
“(6) For purposes of subsection (a), the term `personnel’
means officers and employees of the Department of Homeland
Security or the Department of Justice.
“(7) The terms `unmanned aircraft’ and `unmanned aircraft
system’ have the meanings given those terms in section 44801, of
title 49, United States Code.
“(8) For purposes of this section, the term `risk-based
assessment’ includes an evaluation of threat information
specific to a covered facility or asset and, with respect to
potential impacts on the safety and efficiency of the national
airspace system and the needs of law enforcement and national
security at each covered facility or asset identified by the
Secretary or the Attorney General, respectively, of each of the
following factors:
“(A) Potential impacts to safety, efficiency, and
use of the national airspace system, including potential
effects on manned aircraft and unmanned aircraft
systems, aviation safety, airport operations,
infrastructure, and air navigation services related to
the use of any system or technology for carrying out the
actions described in subsection (b)(1).
“(B) Options for mitigating any identified impacts
to the national airspace system related to the use of
any system or technology, including minimizing when
possible the use of any technology which disrupts the
transmission of radio or electronic signals, for
carrying out the actions described in subsection (b)(1).
“(C) Potential consequences of the impacts of any
actions taken under subsection (b)(1) to the national
airspace system and infrastructure if not mitigated.
“(D) The ability to provide reasonable advance
notice to aircraft operators consistent with the safety
of the national airspace system and the needs of law
enforcement and national security.
“(E) The setting and character of any covered
facility or asset, including whether it is located in a
populated area or near other structures, whether the
facility is open to the public, whether the facility is
also used for nongovernmental functions, and any
potential for interference with wireless communications
or for injury or damage to persons or property.
“(F) The setting, character, timeframe, and
national airspace system impacts of National Special
Security Event and Special Event Assessment Rating
events.

“(G) Potential consequences to national security,
public safety, or law enforcement if threats posed by
unmanned aircraft systems are not mitigated or defeated.

“(l) Department of Homeland Security Assessment.–
“(1) Report.–Not later than 1 year after the date of the
enactment of this section, the Secretary shall conduct, in
coordination with the Attorney General and the Secretary of
Transportation, an assessment to the appropriate congressional
committees, including–
“(A) an evaluation of the threat from unmanned
aircraft systems to United States critical
infrastructure (as defined in this Act) and to domestic
large hub airports (as defined in section 40102 of title
49, United States Code);
“(B) an evaluation of current Federal and State,
local, territorial, or tribal law enforcement
authorities to counter the threat identified in
subparagraph (A), and recommendations, if any, for
potential changes to existing authorities to allow
State, local, territorial, and tribal law enforcement to
assist Federal law enforcement to counter the threat
where appropriate;
“(C) an evaluation of the knowledge of, efficiency
of, and effectiveness of current procedures and
resources available to owners of critical infrastructure
and domestic large hub airports when they believe a
threat from unmanned aircraft systems is present and
what additional actions, if any, the Department of
Homeland Security or the Department of Transportation
could implement under existing authorities to assist
these entities to counter the threat identified in
subparagraph (A);
“(D) an assessment of what, if any, additional
authorities are needed by each Department and law
enforcement to counter the threat identified in
subparagraph (A); and
“(E) an assessment of what, if any, additional
research and development the Department needs to counter
the threat identified in subparagraph (A).
“(2) Unclassified form.–The report required under
paragraph (1) shall be submitted in unclassified form, but may
contain a classified annex.”.

(b) Clerical Amendment.–The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
210F the following:

“Sec. 210G. Protection of certain facilities and assets from unmanned
aircraft.”.

SEC. 1603. PROTECTING AGAINST UNMANNED AIRCRAFT.

(a) In General.–Chapter 5 of title 14, United States Code, is
amended by inserting after section 103 the following:
“Sec. 104. <<NOTE: 14 USC 104.>> Protecting against unmanned
aircraft

“For the purposes of section 210G(k)(3)(C)(iv) of the Homeland
Security Act of 2002, the missions authorized to be performed by the
United States Coast Guard shall be those related to–
“(1) functions of the U.S. Coast Guard relating to security
or protection of facilities and assets assessed to be high-risk
and a potential target for unlawful unmanned aircraft activity,
including the security and protection of–

“(A) a facility, including a facility that is under
the administrative control of the Commandant; and
“(B) a vessel (whether moored or underway) or an
aircraft, including a vessel or aircraft–
“(i) that is operated by the Coast Guard, or
that the Coast Guard is assisting or escorting;
and
“(ii) that is directly involved in a mission
of the Coast Guard pertaining to–
“(I) assisting or escorting a
vessel of the Department of Defense;
“(II) assisting or escorting a
vessel of national security
significance, a high interest vessel, a
high capacity passenger vessel, or a
high value unit, as those terms are
defined by the Secretary;
“(III) section 91(a) of this title;
“(IV) assistance in protecting the
President or the Vice President (or
other officer next in order of
succession to the Office of the
President) pursuant to the Presidential
Protection Assistance Act of 1976 (18
U.S.C. 3056 note);
“(V) protection of a National
Special Security Event and Special Event
Assessment Rating events;
“(VI) air defense of the United
States, including air sovereignty,
ground-based air defense, and the
National Capital Region integrated air
defense system; or
“(VII) a search and rescue
operation; and
“(2) missions directed by the Secretary pursuant to
210G(k)(3)(C)(iii) of the Homeland Security Act of 2002.”.

(b) Clerical Amendment.–The analysis for chapter 5 of title 14,
United States Code, <<NOTE: 14 USC 81 prec.>> is amended by inserting
after the item relating to section 103 the following:

“104. Protecting against unmanned aircraft.”.