The FAA Reauthorization Act of 2016 is one step closer to becoming a reality after being passed by the Senate last week on a vote of 95-3. It now goes to the House of Representatives for consideration.
In S.2658, below, key concerns of the wireless industry regarding what FAA regulations apply to their usage of drones are addressed in the legislation.
If enacted, the Senate’s bill would provide increased enforcement of current drone regulations, as the bill calls for the FAA to start a pilot program that would intercept drones flying illegally near airports.
It also requires all drone users to pass an FAA-approved online aeronautical safety test before flying their unmanned aircraft system so that drone users understand the national airspace system and avoid manned aircraft. Operators of UAS weighing less than 0.55 pounds could be exempted from the testing requirement. Previously, the FAA required commercial drones to be flown by licensed pilots.
Highlights of the reauthorization act
- DRONE SAFETY FEATURES – Directs federal agencies to convene industry stakeholders to develop consensus standards for safety features to be built into drones to protect everyone who uses the national airspace and the public.
- PRIVACY PROTECTIONS – Affirms that UAS operations should respect personal privacy, consistent with federal, state, and local law, advances drone identification standards to create operator accountability, and promotes adoption of written UAS privacy policies.
- ONLINE SAFETY TEST – Promotes safety by requiring all drone users to pass an FAA-approved online aeronautical safety test before flying. This ensures users understand the national airspace system and avoid manned aircraft. Operators of UAS weighing less than 0.55 pounds could be exempted from the testing requirement.
- SAFETY RULE ENFORCEMENT – Authorizes funds for FAA initiatives to better enforce drone laws and reduce risks.
- AIRPORT PROTECTION – Authorizes FAA pilot programs and funds to intercept drones near airports and critical infrastructure.
- OPPORTUNITIES FOR INNOVATION – Fosters innovation by authorizing expanded case by case exemptions for beyond visual line of sight and nighttime operations, as well as for research and development or commercial purposes.
- FEDERAL & LOCAL RESPONSIBILITIES – Clarifies responsibilities of federal, state, and local governments with respect to the regulation of drones and directs the Government Accountability Office (GAO) to identify remaining gaps in current privacy protections.
- UAS TEST SITES – Improves established UAS test sites, first authorized in 2012, by directing research priorities, improving coordination with the FAA, and enhancing protections for proprietary information to encourage more engagement with the private sector.
- UAS PACKAGE DELIVERY – Requires the Department of Transportation to establish a UAS delivery air carrier certificate that would allow for package deliveries by UAS.
- MICRO DRONE RULES – Directs the FAA to establish operating rules specific to “micro” drones, which weigh 4.4 lbs. or less.
- FOR UNIVERSITY USE – Streamlines the approval process for the safe operation of drones at institutions of higher education.
- DRONE NO-FLY ZONES – Establishes a process for the FAA to designate areas where drones may not fly, for example around critical infrastructure, chemical facilities, or amusement parks.
Parts l & ll and Sections with links to specific content in the act
PART I-PRIVACY AND TRANSPARENCY
PART II—UNMANNED AIRCRAFT SYSTEMS
Sec. 2121. This section would codify definitions related to UAS.
Sec. 2122. Utilization of Unmanned Aircraft System Test Sites. This section would reauthorize and enhance the utilization of the existing six UAS test sites for the length of the bill. This section would update the FAA’s authority with respect to the test sites, first authorized in 2012, by more clearly directing research priorities, improving coordination with the FAA, and enhancing protections for proprietary information to encourage more fruitful engagement with the private sector. This section would also expand opportunities for any public entity authorized by the FAA as a UAS flight test center before January 1, 2009.
Sec. 2123. Additional Research, Development, and Testing. This section would require the FAA to work jointly with the UAS Executive Committee (including representatives from other relevant departments and agencies) to develop a research plan on the broad range of technical, procedural, and policy issues related to UAS integration. This section would also provide the FAA the authority to use other transaction authority and enter into collaborative research and development agreements as a mechanism to direct research related to UAS, including at any UAS test site.
Sec. 2124. Safety Standards. This section would direct NIST and the FAA, in consultation with other stakeholders, to develop riskbased, consensus industry standards on UAS aircraft safety. The FAA would also establish a process for the airworthiness approval of small UAS based on the consensus standards, in lieu of the more cumbersome certification process used for the approval of other aircraft. These standards, developed and approved in collaboration with the FAA, would ultimately improve safety by prescribing which safety technologies would be built into unmanned aircraft systems sold in the United States.
Sec. 2125. Unmanned Aircraft Systems in the Arctic. This section would codify a provision enacted in the 2012 FAA reauthorization bill governing UAS operations in the Arctic.
Sec. 2126. Special Authority for Certain Unmanned Aircraft Systems. This section would reauthorize and expand exemption authority, presently known as “section 333 exemptions”, for FAA to authorize UAS operations in the national airspace system. This section would also make explicit the authority for the FAA to approve nighttime and beyond-line-of-sight operations.
Sec. 2127. Additional Rulemaking Authority. This section would direct further risk-based UAS integration regulatory efforts after completion of the ongoing small UAS rule, including a new rulemaking related to micro UAS (4.4 lbs. or less), and the FAA would be expected to take into consideration how advancements in beyond-line-of-sight and other technologies for safe integration of UAS will ultimately reduce risk and may even improve technologies equipped on manned aircraft.
Sec. 2128. Governmental Unmanned Aircraft Systems. This section would codify existing authority to authorize public (i.e., governmental) aircraft operations and would require federal agencies to maintain a data minimization policy for data collected by UAS to protect privacy, civil rights, and civil liberties. This section would codify requirements for agencies to develop policies intended to ensure that agencies only collect data for authorized purposes and appropriately limit the retention and dissemination of such data.
Sec. 2129. Special Rules for Model Aircraft. This section would codify and amend the definition of “model aircraft,” which are generally excluded from being the subject of new FAA rules. As modified, the Administrator may review operational parameters and modify, in collaboration with relevant stakeholders, as necessary to improve safety.
Sec. 2130. Unmanned Aircraft Systems Aeronautical Knowledge and Safety. This section would establish a requirement for the development and implementation of an aeronautical knowledge and safety exam. The FAA would be able to waive the exam requirement for operators of aircraft weighing less than 0.55 pounds or for UAS operators under the age of 13 who are under the supervision of an adult. To maintain safety in the national airspace, this section would also require that all UAS users demonstrate completion of this aeronautical knowledge test.
Sec. 2131. Safety Statements. This section would require UAS manufacturers, consistent with current practice, to provide safety information in UAS product packaging. These statements would include information on laws and regulations applicable to UAS as well as UAS safety best practices.
Sec. 2132. Treatment of Unmanned Aircraft Operating Underground. This section would make explicit that UAS operations underground are not subject to FAA regulation.
Sec. 2133. Enforcement. This section would require FAA to establish a program to utilize available technologies for the remote detection and identification of UAS in order to significantly enhance the ability of the FAA and other federal agencies to pursue appropriate enforcement actions against UAS operators who violate applicable laws and regulations.
Sec. 2134. Aviation Emergency Safety Public Services Disruption. This section would prohibit UAS users from interfering with emergency response activities and would raise civil penalties to not more than $20,000 for those found in violation.
Sec. 2135. Pilot Project for Airport Safety and Airspace Hazard Mitigation. This section would establish a pilot project for UAS hazard mitigation at public use airports and for critical infrastructure.
Sec. 2136. Contribution to Financing of Regulatory Functions. This section would authorize the FAA to assess and collect regulatory and administrative fees to recover the costs of these activities from commercial operators, subject to a rulemaking. As part of that rulemaking, the FAA would need to ensure such fees would be cost-based relative to the regulatory activity, and would not be discriminatory or deter compliance.
Sec. 2137. Sense of Congress Regarding Small UAS Rulemaking. This section would express the sense of the Senate that the small UAS rulemaking should be completed expeditiously.
Sec. 2138. Unmanned Aircraft System Traffic Management. This section would authorize FAA, in coordination with the National Aeronautics and Space Administration, to develop a research plan and implement a pilot program for an unmanned aircraft system traffic management.
Sec. 2139. Emergency Exemption Process. This section would require the FAA to set forth an exemption process for public and commercial operators to utilize for special authorization in emergency response efforts.
Sec. 2140. Public UAS Operations by Tribal Governments. This section would amend the definition of “public aircraft” to include unmanned aircraft systems that are owned and operated by an Indian tribal government.
Sec. 2141. Carriage of Property by Small Unmanned Aircraft Systems for Compensation or Hire. This section would require the DOT to issue a final rule authorizing the carriage of property by operators of small UAS for compensation or hire within the U.S. not later than 2 years after the date of enactment. This section would also require the creation of a small UAS air carrier certificate for persons that directly undertake the operation of small UAS to carry property in air transportation and the development of a classification system for persons issued small UAS air carrier certificates.
Sec. 2142. Collegiate Training Initiative Program for Unmanned Aircraft Systems. This section would require the FAA to establish a Collegiate Training Initiative program to help prepare college students for careers involving UAS.
Parts l and ll – Unmanned Aircraft Systems (UAS)
PART I—PRIVACY AND TRANSPARENCY
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 Federal, State, and local law.
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, should have a written privacy policy consistent with section 2101 regarding the collection, use, retention, and dissemination 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.
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)).
Not later than July 31, 2016, the Administrator of the National Telecommunications and Information Administration shall submit to the appropriate committees of Congress a report on the industry privacy best practices developed through the multi-stakeholder engagement process (established under Presidential Memorandum of February 15, 2015 (80 Fed. Reg. 9355)) on unmanned aircraft systems transparency and accountability. In addition to the agreed upon best practices, this report shall include relevant stakeholder recommendations for legislative or regulatory action regarding privacy, accountability, and transparency, including ways to encourage the adoption of privacy policies by companies that use unmanned aircraft systems for compensation or hire, or in the furtherance of a business enterprise.
(a) In General.—The Director of the National Institute of Standards and Technology, in collaboration with the Administrator of the Federal Aviation Administration, and in consultation with the Secretary of Transportation, the President of the Radio Technical Commission for Aeronautics, and the Administrator of the National Telecommunications and Information Administration, shall convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and owners of unmanned aircraft systems and associated unmanned aircraft.
(b) Considerations.—As part of the standards developed under subsection (a), the Director shall consider—
(1) requirements for remote identification of unmanned aircraft systems;
(2) appropriate requirements for different classifications of unmanned aircraft systems operations, including public and civil;
(3) the role of manufacturers, the Federal Aviation Administration, and the owners of the systems described in paragraphs (1) and (2) in reporting and verifying identification data; and
(4) the feasibility of the development and operation of a publicly searchable online database to further enable the immediate remote identification of any unmanned aircraft and its operator by the general public.
(c) Deadline.—Not later than 1 year after the date of enactment of this Act, the Director shall submit to the appropriate committees of Congress a report on the consensus identification standards.
(d) Guidance.—Not later than 1 year after the date that the Director submits the report on the consensus identification standards under subsection (c), the Administrator of the Federal Aviation Administration shall issue regulatory guidance based on the consensus identification standards.
(a) In General.—Except for model aircraft under section 44808 of title 49, United States Code, in authorizing the operation of any public unmanned aircraft system or the operation of any unmanned aircraft system by a person conducting civil aircraft operations, the Administrator of the Federal Aviation Administration, to the extent practicable and consistent with applicable law and without compromising national security, homeland defense, or law enforcement, shall make the identifying information in subsection (b) available to the public via an online searchable database.
(b) Contents.—The database described in subsection (a) shall contain the following:
(1) The name of each individual, or agency, as applicable, authorized to conduct civil or public unmanned aircraft systems operations described in subsection (a).
(2) The name of each owner of an unmanned aircraft system described in paragraph (1).
(3) The expiration date of any authorization related to a person identified in paragraph (1) or paragraph (2).
(4) The contact information for each person identified in paragraphs (1) and (2), including a telephone number and an electronic mail address, in accordance with applicable privacy laws.
(5) The tail number or specific identification number of all unmanned aircraft authorized for use that links each unmanned aircraft to the owner of that aircraft.
(c) Records.—Each person described in subsection (b)(1), to the extent practicable without compromising national security, homeland defense, or law enforcement shall maintain and make available to the Administrator for not less than 1 year a record of the name and contact information of each person on whose behalf the unmanned aircraft system has been operated.
(d) Deadline.—The Administrator shall make the database available not later than 1 year after the date of enactment of this Act.
(e) Termination.—The Administrator may cease the operation of such database on the date that the Administrator issues regulatory guidance on the consensus identification standards in section 2105.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct and submit to the appropriate committees of Congress a review of the privacy issues and concerns associated with the operation of unmanned aircraft systems in the national airspace system that—
(1) examines and identifies the existing Federal, State, or local laws, including constitutional law, that protect an individual’s personal privacy;
(2) identifies specific issues and concerns that may limit the availability of existing civil or criminal legal remedies regarding inappropriate operation of unmanned aircraft systems in the national airspace system;
(3) identifies any deficiencies in current Federal, State, or local privacy protections; and
(4) recommends legislative or other actions to address the limitations and deficiencies identified in paragraphs (2) and (3).
PART II—UNMANNED AIRCRAFT SYSTEMS
(a) In General.—Part A of subtitle VII is amended by inserting after chapter 447 the following:
CHAPTER 448—UNMANNED AIRCRAFT SYSTEMS
Ҥ 44801. Definitions
“In this chapter—
“(1) ‘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.
“(2) ‘Arctic’ means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
“(3) ‘certificate of waiver’ and ‘certificate of authorization’ mean a Federal Aviation Administration grant of approval for a specific flight operation.
“(4) ‘permanent areas’ means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft.
“(5) ‘public unmanned aircraft system’ means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft (as defined in section 40102(a)).
“(6) ‘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.
“(7) ‘small unmanned aircraft’ means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.
“(8) ‘test range’ means a defined geographic area where research and development are conducted as authorized by the Administrator of the Federal Aviation Administration.
“(9) ‘test site’ means any of the 6 test ranges established by the Administrator of the Federal Aviation Administration 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 Federal Aviation Administration Reauthorization Act of 2016.
“(10) ‘unmanned aircraft’ means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
“(11) ‘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.”.
(b) Table Of Chapters.—The table of chapters for subtitle VII is amended by inserting after the item relating to chapter 447 the following:
“448. Unmanned Aircraft Systems …………………………44801”
(a) In General.—Chapter 448, as designated by section 2121 of this Act, is amended by inserting after section 44801 the following:
Ҥ 44802. Unmanned aircraft system test sites
“(a) (1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall establish and update, as appropriate, a program for the use of the 6 test sites established under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) to facilitate the safe integration of unmanned aircraft systems into the national airspace system.
“(2) Termination.—The program shall terminate on September 30, 2017.
“(b) Program Requirements.—In establishing 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 sites, including 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 each test site operator 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) classifications of airspace where manufacturers must prevent flight of an unmanned aircraft system;
“(C) classifications of airspace where manufacturers of unmanned aircraft systems must alert the operator to hazards or limitations on flight;
“(D) sense and avoid capabilities; and
“(E) beyond-line-of-sight, nighttime operations and unmanned traffic management, or other critical research priorities;
“(8) coordinate periodically with all test site operators to ensure test site 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) allow a test site to develop multiple test ranges within the test site;
“(10) streamline the approval process for test sites when processing unmanned aircraft certificates of waiver or authorization for operations at the test sites;
“(11) require each test site operator to protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using that test site without the need to obtain an experimental or special airworthiness certificate;
“(12) evaluate options for the operation of 1 or more small unmanned aircraft systems beyond the visual line of sight of the operator for testing under controlled conditions that assure the safety of persons and property, including on the ground; and
“(13) allow test site operators to receive Federal funding, other than from the Federal Aviation Administration, including in-kind contributions, from test site participants in the furtherance of research, development, and testing objectives.
“(c) Test Site Locations.—In determining the location of a test site under subsection (a), the Administrator shall—
“(1) take into consideration geographic and climatic diversity;
“(2) take into consideration the location of ground infrastructure and research needs; and
“(3) consult with the Administrator of the National Aeronautics and Space Administration and the Secretary of Defense.
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator shall submit to the appropriate committees of Congress a report on the establishment and implementation of the program under subsection (a).
“(2) BRIEFINGS.—Beginning 180 days after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, and every 180 days thereafter until September 30, 2017, the Administrator shall provide to the appropriate committees of Congress a briefing that includes—
“(A) a current summary of unmanned aircraft systems operations at the test sites since the last briefing to Congress;
“(B) a description of all of the data generated from the operations described in subparagraph (A), and shared with the Federal Aviation Administration through a cooperative research and development agreement authorized in section 2123 of the Federal Aviation Administration Reauthorization Act of 2016, that relate to unmanned aircraft systems research priorities, including beyond-line-of-sight, unmanned traffic management, nighttime operations, and sense and avoid technology;
“(C) a description of how the data described in subparagraph (B) will be or is used—
“(i) to advance Federal Aviation Administration priorities;
“(ii) to validate the safety of unmanned aircraft systems and related technology; and
“(iii) to inform future rulemaking related to the integration of unmanned aircraft systems into the national airspace;
“(D) an evaluation of the activities and specific outcomes from activities at the test sites that support the safe integration of unmanned aircraft systems under this chapter; and
“(E) recommendations for future Federal Aviation Administration test site operations that would generate data necessary to inform future rulemaking related to unmanned aircraft systems.
“(e) Review Of Operations By Test Site Operators.—The operator of each test site under subsection (a) shall—
“(1) review the operations of unmanned aircraft systems conducted at the test site, 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 sites 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.
“(f) Testing.—The Secretary may authorize an operator of a test site described in subsection (a) to administer testing requirements established by the Administrator for unmanned aircraft systems operations.”.
(b) Technical And Conforming Amendments.—
(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as added by section 2121 of this Act, is further amended by inserting after the item relating to section 44801 the following:
“44802. Unmanned aircraft system test sites.”.
(2) PILOT PROJECTS.—Section 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is amended by striking subsection (c).
(a) Research Plan.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the United States Unmanned Aircraft System Executive Committee, jointly, and in coordination with industry, users, the Center of Excellence for Unmanned Aircraft Systems, and test site operators, shall develop a research plan to identify ongoing research into the broad range of technical, procedural, and policy concerns arising from the integration of unmanned aircraft systems into the national airspace system, and research needs regarding those concerns. In developing the plan, the Administrator shall determine and engage the appropriate entities to meet the research needs identified in the plan.
(b) Collaborative Research And Development Agreements.—The Administrator may use the other transaction authority under section 106(l)(6) of title 49, United States Code, and enter into collaborative research and development agreements, to direct research related to unmanned aircraft systems, including at any test site under section 44802(a) of that title.
(a) In General.—Chapter 448, as amended by section 2122 of this Act, is further amended by inserting after section 44802 the following:
“SEC. 44803. AIRCRAFT SAFETY STANDARDS.
“(b) Considerations.—In developing the consensus aircraft safety standards, the Director and Administrator shall consider the following:
“(1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities.
“(2) Using performance-based standards.
“(3) Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised.
“(4) Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.
“(5) 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.
“(6) Remote identification capability standards under section 2105.
“(7) How to update or modify a small unmanned aircraft system that was commercially distributed prior to the development of the standards so that, to the greatest extent practicable, such systems meet the standards.
“(8) Any technology or standard related to small unmanned aircraft systems that promotes aviation safety.
“(c) Consultation.—In developing the consensus industry standards under subsection (a), the Director and Administrator shall consult with—
“(1) the Administrator of the National Aeronautics and Space Administration;
“(2) the President of RTCA, Inc.;
“(3) the Secretary of Defense;
“(4) each operator of a test site under section 44802;
“(5) the Center of Excellence for Unmanned Aircraft Systems;
“(6) unmanned aircraft systems stakeholders; and
“(7) community-based aviation organizations.
“(d) FAA Approval.—Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator of the Federal Aviation Administration shall establish a process for the approval of small unmanned aircraft systems make and models based upon safety standards developed under subsection (a). The consensus safety standards developed under subsection (a) shall allow the Administrator to approve small unmanned aircraft systems for operation within the national airspace system without requiring the type certification process in parts 21 and 23 of the Code of Federal Regulations.
“(e) Eligibility.—The standards for approval of small unmanned aircraft systems developed under this section shall set eligibility requirements for an airworthiness approval of a small unmanned aircraft system which shall include the following:
“(1) An applicant must provide the FAA with—
“(A) the aircraft’s operating instructions; and
“(B) the manufacturer’s statement of compliance as described in paragraph (e) of this section.
“(2) A sample aircraft must be inspected by the Federal Aviation Administration and found to be in a condition for safe operation and in compliance with the standards required by the Administrator in subsection (d).
“(f) Manufacturer’s Statement Of Compliance For Small UAS.—The manufacturer’s statement of compliance required in subsection (e)(1)(B) shall—
“(1) identify the aircraft make and model, and consensus standard used;
“(2) state that the aircraft make and model meets the provisions of the identified consensus standard;
“(3) state that the aircraft make and model conforms to the manufacturer’s design data, using the manufacturer’s quality assurance system that meets the identified consensus standard adopted by the Administrator in subsection (d), and is manufactured in way that ensures consistency in the production process so that every unit produced meets the applicable standards;
“(4) state that the manufacturer will make available to any interested person—
“(A) the aircraft’s operating instructions, that meet the identified consensus standard; and
“(B) the aircraft’s maintenance and inspection procedures, that meet the identified consensus standard;
“(5) state that the manufacturer will monitor and correct safety-of-flight issues through a continued airworthiness system that meets the identified consensus standard;
“(6) state that at the request of the Administration, the manufacturer will provide access by the Administration to its facilities; and
“(7) state that the manufacturer, in accordance with a production acceptance test procedure that meets an applicable consensus standard 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.
“(g) Prohibition.—It shall be unlawful for any person to introduce or deliver for introduction into interstate commerce any unmanned aircraft manufactured on or after the date that the Administrator adopts a relevant consensus standard under this section, unless the manufacturer has received approval under subsection (d) for each make and model.”.
(b) Table Of Contents.—The table of contents for chapter 448, as amended by section 2122 of this Act, is further amended by inserting after the item relating to section 44802 the following:
“44803. Aircraft safety standards.”.
(a) In General.—Chapter 448, as amended by section 2124 of this Act, is further amended by inserting after section 44803 the following:
Ҥ 44804. Unmanned aircraft systems 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 unmanned aircraft beyond 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.—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, or may apply an applicable process already established, for approving the use of unmanned aircraft in the designated permanent areas in the Arctic without regard to whether an unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.”.
(b) Technical And Conforming Amendments.—
(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2124 of this Act, is further amended by inserting after the item relating to section 44803 the following:
“44804. Unmanned aircraft systems in the Arctic.”.
(2) EXPANDING USE OF UNMANNED AIRCRAFT SYSTEMS IN ARCTIC.—Section 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is amended by striking subsection (d).
(a) In General.—Chapter 448, as amended by section 2125 of this Act, is further amended by inserting after section 44804 the following:
Ҥ 44805. 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 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) or the guidance required by section 44807.
“(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, and operation within or beyond 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) Pilot Certification Exemption.—If the Secretary proposes, under this section, to require an operator of an unmanned aircraft system to hold an airman certificate, a medical certificate, or to have a minimum number of hours operating a manned aircraft, the Secretary shall set forth the reasoning for such proposal and seek public notice and comment before imposing any such requirements.
“(e) 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, 2017.”.
(b) Technical And Conforming Amendments.—
(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2125 of this Act, is further amended by inserting after the item relating to section 44804 the following:
“44805. Special rules 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. 2127. ADDITIONAL RULEMAKING AUTHORITY.
(a) Sense Of Congress.—It is the sense of Congress that—
(1) beyond visual line of sight operations of unmanned aerial systems have tremendous potential—
(A) to enhance research and development both commercially and in academics;
(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 public 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 as much as 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 on a routine basis should remain a top priority for the Federal Aviation Administration as it pursues additional rulemakings under the amendments made by this section.
(b) In General.—Chapter 448, as amended by section 2126 of this Act, is further amended by inserting after section 44805 the following:
Ҥ 44806. Additional rulemaking authority
“(a) In General.—Notwithstanding the rulemaking required by section 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) or the guidance required by section 44807 of this title and subject to subsection (b)(2) of this section and section 44808, the Administrator may issue regulations under which a person may operate certain unmanned aircraft systems (as determined by the Administrator) in the United States—
“(1) without an airman certificate;
“(2) without an airworthiness certificate for the associated unmanned aircraft; or
“(3) that are not registered with the Federal Aviation Administration.
“(1) IN GENERAL.—In determining whether a person may operate an unmanned aircraft system under 1 or more of the circumstances described under paragraphs (1) through (3) of subsection (a), the Administrator shall use a risk-based approach and consider, at a minimum, the physical and functional characteristics of the unmanned aircraft system.
“(2) LIMITATION.—The Administrator may only issue regulations under this section for unmanned aircraft systems that the Administrator determines may be operated safely in the national airspace system.
“(c) Rules Of Construction.—Nothing in this section may be construed—
“(1) to prohibit a person from operating an unmanned aircraft system under a circumstance described under paragraphs (1) through (3) of subsection (a) if—
“(A) the circumstance is allowed by regulations issued under this section; and
“(B) the person operates the unmanned aircraft system in a manner prescribed by the regulations; and
“(2) to limit or affect in any way the Administrator’s authority to conduct a rulemaking, make a determination, or carry out any activity related to unmanned aircraft or unmanned aircraft systems under any other provision of law.”.
(c) Table Of Contents.—The table of contents for chapter 448, as amended by section 2126 of this Act, is amended by inserting after the item relating to section 44805 the following:
“44806. Additional rulemaking authority.”.
(a) In General.—Chapter 448, as amended by section 2127 of this Act, is further amended by inserting after section 44806 the following:
Ҥ 44807. 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 the process for the issuance of a certificate of authorization or a certificate of waiver;
“(2) to provide for a collaborative process with public agencies to allow for an incremental expansion of access to the national airspace system as technology matures and the necessary safety analyses and data become available, and until standards are completed and technology issues are resolved;
“(3) 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
“(4) to provide guidance on a public agency’s responsibilities when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration.
“(b) Standards For Operation And Certification.—The Administrator of the Federal Aviation Administration shall develop and implement operational and certification requirements for the operation of a public unmanned aircraft system in the national airspace system.
“(c) 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;
“(iii) allow for an expedited appeal if the application is disapproved; and
“(iv) if applicable, include verification of the data minimization policy required under subsection (d);
“(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 25 pounds or less if that unmanned aircraft is operated—
“(i) within or beyond the 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.
“(d) Data Minimization For Certain Public Unmanned Aircraft System Operators.—Not later than 180 days after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016 each Federal agency authorized by the Secretary to operate an unmanned aircraft system shall develop and update a data minimization policy that requires, at a minimum, that—
“(1) prior to the deployment of any new unmanned aircraft system technology, and at least every 3 years, existing policies and procedures relating to the collection, use, retention, and dissemination of information obtained by an unmanned aircraft system must be examined to ensure that privacy, civil rights, and civil liberties are protected;
“(2) if the unmanned aircraft system is the platform for information collection, information must be collected, used, retained, and disseminated consistent with the Constitution, Federal law, and other applicable regulations and policies, such as the Privacy Act of 1974 (5 U.S.C. 552a);
“(3) the Federal agency or person operating on its behalf, only collect information using the unmanned aircraft system, or use unmanned aircraft system-collected information, to the extent that the collection or use is consistent with and relevant to an authorized purpose as determined by the head of a Federal agency and consistent with the law;
“(4) any information collected, using an unmanned aircraft or an unmanned aircraft system, that may contain personal information will not be retained by any Federal agency for more than 180 days after the date of collection unless—
“(A) the head of the Federal agency determines that retention of the information is relevant and necessary to accomplish a purpose of the Federal agency required to be accomplished by statute or by Executive order of the President;
“(B) that Federal agency maintains the information in a system of records under section 552a of title 5; or
“(C) the information is required to be retained for a longer period under other applicable law, including regulations;
“(5) any information collected, using an unmanned aircraft or unmanned aircraft system, that is not maintained in a system of records under section 552a of title 5, will not be disseminated outside of that Federal agency unless—
“(A) dissemination is required by law; or
“(B) dissemination satisfies an authorized purpose and complies with that Federal agency’s disclosure requirements;
“(6) to the extent it does not compromise law enforcement or national security a Federal agency shall—
“(A) provide notice to the public regarding where in the national airspace system the Federal agency is authorized to operate the unmanned aircraft system;
“(B) keep the public informed about the Federal agency’s unmanned aircraft system program, including any changes to that program that would significantly affect privacy, civil rights, or civil liberties;
“(C) make available to the public, on an annual basis, a general summary of the Federal agency’s unmanned aircraft system operations during the previous fiscal year, including—
“(i) a brief description of types or categories of missions flown; and
“(ii) the number of times the Federal agency provided assistance to other agencies or to State, local, tribal, or territorial governments; and
“(D) make available on a public and searchable Internet website the data minimization policy of the Federal agency;
“(7) ensures oversight of the Federal agency’s unmanned aircraft system use, including—
“(A) the use of audits or assessments that comply with existing Federal agency policies and regulations;
“(B) the verification of the existence of rules of conduct and training for Federal Government personnel and contractors who work on programs, and procedures for reporting suspected cases of misuse or abuse of unmanned aircraft system technologies;
“(C) the establishment of policies and procedures, or confirmation that policies and procedures are in place, that provide meaningful oversight of individuals who have access to sensitive information, including personal information, collected using an unmanned aircraft system;
“(D) ensuring that any data-sharing agreements or policies, data use policies, and record management policies applicable to an unmanned aircraft system conform to applicable laws, regulations, and policies;
“(E) the establishment of policies and procedures, or confirmation that policies and procedures are in place, to authorize the use of an unmanned aircraft system in response to a request for unmanned aircraft system assistance in support of Federal, State, local, tribal, or territorial government operations; and
“(F) a requirement that State, local, tribal, and territorial government recipients of Federal grant funding for the purchase or use of unmanned aircraft systems for their own operations have in place policies and procedures to safeguard individuals’ privacy, civil rights, and civil liberties prior to expending such funds; and
“(8) ensures the protection of civil rights and civil liberties, including—
“(A) ensuring that policies are in place to prohibit the collection, use, retention, or dissemination of data in any manner that would violate the First Amendment or in any manner that would discriminate against persons based upon their ethnicity, race, gender, national origin, religion, sexual orientation, or gender identity, in violation of law;
“(B) ensuring that unmanned aircraft system activities are performed in a manner consistent with the Constitution and applicable laws, Executive orders, and other Presidential directives; and
“(C) ensuring that adequate procedures are in place to receive, investigate, and address, as appropriate, privacy, civil rights, and civil liberties complaints.
“(e) Law Enforcement And National Security.—Each Federal agency shall effectuate a requirement under subsection (d) only to the extent it does not compromise law enforcement or national security.
“(f) Definition Of Federal Agency.—In subsections (d) and (e), the term ‘Federal agency’ has the meaning given the term ‘agency’ in section 552(f) of title 5, United States Code.”.
(b) Technical And Conforming Amendments.—
(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2127 of this Act, is amended by inserting after the item relating to section 44806 the following:
“44807. 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.
(a) In General.—Chapter 448, as amended by section 2128 of this Act, is further amended by inserting after section 44807 the following:
Ҥ 44808. Special rules for model aircraft
“(a) In General.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this chapter, the Administrator of the Federal Aviation Administration may not promulgate any new rule or regulation specific only to an unmanned aircraft operating as a model aircraft if—
“(1) the aircraft is flown strictly for hobby or recreational use;
“(2) the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;
“(3) not flown beyond visual line of sight of persons co-located with the operator or 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) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator, where applicable, and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice and receives approval, to the extent practicable, for the operation from each (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport));
“(6) the aircraft is flown from the surface to not more than 400 feet in altitude; and
“(7) the operator has passed an aeronautical knowledge and safety test administered by the Federal Aviation Administration online for the operation of unmanned aircraft systems subject to the requirements of section 44809 and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
“(1) IN GENERAL.—The Administrator, in collaboration with government and industry stakeholders, including nationwide community-based organizations, shall initiate a process to 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 aviation safety risk and risk to the uninvolved public;
“(B) operations outside the membership, guidelines, and programming of a nationwide 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; and
“(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology.
“(3) SAVINGS CLAUSE.—Nothing in this subsection shall be construed as expanding the authority of the Administrator to require operators of model aircraft under the exemption of this subsection to be required to seek permissive authority of the Administrator prior to operation in the national airspace system.
“(c) Statutory Construction.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue enforcement action against persons operating personal unmanned aircraft.
“(d) Model Aircraft Defined.—In this section, the term ‘model aircraft’ means an unmanned aircraft that—
“(1) is capable of sustained flight in the atmosphere; and
“(2) is limited to weighing not more than 55 pounds, including the weight of anything attached to or carried by the aircraft, unless otherwise approved through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization.”.
(b) Technical And Conforming Amendments.—
(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2128 of this Act, is further amended by inserting after the item relating to section 44807 the following:
“44808. Special rules for model aircraft.”.
(2) SPECIAL RULE FOR MODEL AIRCRAFT.—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 (126 Stat. 13) are repealed.
(a) In General.—Chapter 448, as amended by section 2129 of this Act, is further amended by inserting after section 44808 the following:
Ҥ 44809. Aeronautical knowledge and safety test
“(a) In General.—An individual may not operate an unmanned aircraft system unless—
“(1) the individual has successfully completed an aeronautical knowledge and safety test under subsection (c);
“(2) the individual has authority to operate an unmanned aircraft under other Federal law; or
“(3) the individual is a holder of an airmen certificate issued under section 44703.
“(b) Exception.—This section shall not apply to the operation of an unmanned aircraft system that has been authorized by the Federal Aviation Administration under section 44802, section 44805, section 44806, or section 44807.
“(c) Aeronautical Knowledge And Safety Test.—Not later than 180 days after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator of the Federal Aviation Administration, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based aviation organizations, shall develop an aeronautical knowledge and safety test that can be administered electronically.
“(d) Requirements.—The Administrator shall ensure that the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s—
“(1) understanding of aeronautical safety knowledge, as applicable; and
“(2) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.
“(1) IN GENERAL.—Each operator of an unmanned aircraft system described under subsection (a) shall maintain and make available for inspection, upon request by the Administrator or a Federal, State, or local law enforcement officer, a record of compliance with this section through—
“(A) an identification number, issued by the Federal Aviation Administration certifying passage of the aeronautical knowledge and safety test;
“(B) if the individual has authority to operate an unmanned aircraft system under other Federal law, the requisite proof of authority under that law; or
“(C) an airmen certificate issued under section 44703.
“(2) COORDINATION.—The Administrator may coordinate the identification number under paragraph (1)(A) with an operator’s registration number to the extent practicable.
“(3) LIMITATION.—No fine or penalty may be imposed for the initial failure of an operator of an unmanned aircraft system to comply with paragraph (1) unless the Administrator finds that the conduct of the operator actually posed a risk to the national airspace system.”.
(b) Table Of Contents.—The table of contents for chapter 448, as amended by section 2129 of this Act, is amended by inserting after the item relating to section 44808 the following:
“44809. Aeronautical knowledge and safety test.”.
(a) In General.—Chapter 448, as amended by section 2130 of this Act, is further amended by inserting after section 44809 the following:
“(a) Prohibition.—Except as provided in subsection (d), it shall be unlawful for any person to introduce or deliver for introduction into interstate commerce any unmanned aircraft manufactured on or after the date this section takes effect unless a safety statement is attached to the unmanned aircraft or accompanying the unmanned aircraft in its packaging.
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator of the Federal Aviation Administration shall issue guidance for implementing this section.
“(2) REQUIREMENTS.—A safety statement described in subsection (a) shall include—
“(A) information about laws and regulations applicable to unmanned aircraft systems;
“(B) recommendations for using unmanned aircraft in a manner that promotes the safety of persons and property;
“(C) the date that the safety statement was created or last modified; and
“(D) language approved by the Administrator regarding the following:
“(i) A person may operate the unmanned aircraft as a model aircraft (as defined in section 44808) or otherwise in accordance with Federal Aviation Administration authorization or regulation, including requirements for the completion of the aeronautical knowledge and safety test under section 44809.
“(ii) The definition of a model aircraft under section 44808.
“(iii) The requirements regarding a model aircraft under paragraphs (1) through (7) of section 44808(a).
“(iv) The Administrator of the Federal Aviation Administration may pursue enforcement action against a person operating model aircraft who endangers the safety of the national airspace system.
“(c) Civil Penalty.—A person who violates subsection (a) shall be liable for each violation to the United States Government for a civil penalty described in section 46301(a).
“(d) Effective Date.—This section shall take effect on the date of enactment of this Act, except that subsection (a) of this section shall take effect 1 year after the date of publication of the guidance under subsection (b).”.
(b) Table Of Contents.—The table of contents for chapter 448, as amended by section 2130 of this Act, is further amended by inserting after the item relating to section 44809 the following:
“44810. Safety statements.”.
An unmanned aircraft system that is operated underground for mining purposes shall not be subject to regulation or enforcement by the Federal Aviation Administration under chapter 448 of title 49, United States Code.
(a) UAS Safety Enforcement.—The Administrator of the Federal Aviation Administration shall establish a program to utilize available remote detection and 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.
(1) IN GENERAL.—Section 46301 is amended—
(A) in subsection (a)(1)(A), by inserting “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”;
(B) in subsection (a)(5), by inserting “chapter 448,” after “chapter 447 (except sections 44717–44723),”;
(C) in subsection (d)(2), by inserting “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”; and
(D) in subsection (f), by inserting “chapter 448,” after “chapter 447 (except 44717 and 44719–44723),”.
(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to limit the authority of the Administrator to pursue an enforcement action for a violation of this Act, a regulation prescribed or order or authority issued under this Act, or any other applicable provision of aviation safety law or regulation.
(c) Reporting.—As part of the program, the Administrator shall establish and publicize a mechanism for the public and law enforcement, including State and local law enforcement, to report a suspected abuse or a violation of chapter 448 for enforcement action.
(d) Authorization Of Appropriations.—To carry out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2016 through 2017.
(a) In General.—Chapter 463 is amended—
(1) in section 46301(d)(2), by inserting “section 46320,” after “section 46319,”; and
(2) by adding at the end the following:
Ҥ 46320. Interference with firefighting, law enforcement, or emergency response activities
“(a) Prohibition.—No person may operate an aircraft so as to interfere with firefighting, law enforcement, or emergency response activities.
“(b) Definition.—For purposes of this section, an aircraft interferes with the activities specified in subsection (a) when its operation prevents the initiation of, interrupts, or endangers a person or property engaged in those activities.
“(c) Civil Penalty.—A person violating subsection (a) shall be liable for a civil penalty of not more than $20,000.
“(d) Compromise And Setoff.—The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from the amounts the Government owes the person liable for the penalty.”.
(b) Table Of Contents.—The table of contents for chapter 463 is amended by inserting after the item relating to section 46319 the following:
“46320. Interference with firefighting, law enforcement, or emergency response activities.”.
(a) In General.—The Administrator of the Federal Aviation Administration shall carry out a pilot program for airspace hazard mitigation at airports and other critical infrastructure.
(b) Consultation.—In carrying out the pilot program under subsection (a), the Administrator shall work with the Secretary of Defense, Secretary of Homeland Security, and the heads of relevant Federal agencies for the purpose of ensuring technologies that are developed, tested, or deployed by those departments and agencies to mitigate threats posed by errant or hostile unmanned aircraft system operations do not adversely impact or interfere with safe airport operations, navigation, and air traffic services.
(c) Authorization.—There is authorized to be appropriated from the Airport and Airway Trust Fund to carry out this section $6,000,000, and to remain available until expended.
(a) In General.—Chapter 448, as amended by section 2131 of this Act, is further amended by inserting after section 44810 the following:
Ҥ 44811. Regulatory and administrative fees
“(a) In General.—Subject to subsection (b), the Administrator may assess and collect regulatory and administrative fees to recover the costs of regulatory and administrative activities under this chapter, including enforcement activities, policy and rulemaking activities, and applications for authorization to operate unmanned aircraft systems for compensation or hire, or in the furtherance of a business enterprise.
“(b) Limitations.—Fees authorized under subsection (a) shall be reasonable, cost-based relative to the regulatory or administrative activity, and may not be discriminatory or a deterrent to compliance.
“(c) Receipts Credited To Account.—Notwithstanding section 3302 of title 31, all fees and amounts collected under this section shall be credited to the separate account established under section 45303(c).
“(d) Regulations.—Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016, the Administrator shall issue regulations to carry out this section.”.
(b) Table Of Contents.—The table of contents for chapter 448, as amended by section 2131 of this Act, is further amended by inserting after the item relating to section 44810 the following:
“44811. Regulatory and administrative fees.”.
It is the sense of the Congress that the Administrator of the Federal Aviation Administration and the Secretary of Transportation should take every necessary action to expedite final action on the notice of proposed rulemaking dated February 23, 2015 (80 Fed. Reg. 9544), entitled “Operation and Certification of Small Unmanned Aircraft Systems”.
(a) Research Plan For UTM Development.—
(1) IN GENERAL.—The Administrator of the Federal Aviation Administration, in coordination with the Administrator of the National Aeronautics and Space Administration, shall develop a research plan for unmanned traffic management development.
(2) REQUIREMENTS.—In developing the research plan under paragraph (1), the Administrator shall—
(A) identify research goals;
(B) assess the operational parameters and system requirements necessary to evaluate unmanned traffic management systems;
(i) operational parameters related to altitude, geographic coverage, classes of airspace, and critical infrastructure;
(ii) avionics capability requirements or standards;
(iii) operator identification and authentication requirements and capabilities;
(iv) communication protocols with air traffic control facilities that will not interfere with existing responsibility to deconflict manned aircraft in the national airspace system;
(v) collision avoidance requirements;
(vi) separation standards for manned and unmanned aircraft; and
(vii) spectrum needs;
(D) evaluate options for the administration and management structure for the traffic management of low altitude operations of small unmanned aircraft systems; and
(E) ensure the plan is consistent with the broader Federal Aviation Administration regulatory and operational framework encompassing all unmanned aircraft system operations expected to be authorized in the national airspace system.
(3) ASSESSMENT.—The research plan under paragraph (1) shall include an assessment of—
(A) the ability to allow near-term small unmanned aircraft system operations without need of an automated traffic management system;
(B) the full range of operational capability any automated traffic management system should possess;
(C) the operational characteristics and metrics that would drive incremental adoption of automated capability and procedures consistent with a rising aggregate community demand for service for low altitude operations of small unmanned aircraft; and
(D) the integration points for small unmanned aircraft system traffic management with the existing national airspace system planning and traffic management systems.
(4) DEADLINES.—The Administrator shall—
(A) initiate development of the research plan not later than 90 days after the date of enactment of this Act; and
(B) not later than 180 days after the date of enactment of this Act—
(i) complete the research plan;
(ii) submit the research plan to the appropriate committees of Congress; and
(iii) publish the research plan on the Federal Aviation Administration’s Web site.
(1) IN GENERAL.—Not later than 120 days after the date the research plan under subsection (a) is submitted under subsection (a)(4)(B), the Administrator of the Federal Aviation Administration shall coordinate with the Administrator of the National Aeronautics and Space Administration and small unmanned aircraft industry to develop operational concepts and top-level system requirements for an unmanned aircraft traffic management pilot program, consistent with subsection (a).
(2) SOLICITATION.—The Administrator shall issue a solicitation for operational prototype systems that meet these objectives for use in a pilot program to demonstrate, validate, or modify, as appropriate, these concepts and requirements.
(1) IN GENERAL.—Not later than 270 days after the date the pilot program under subsection (b) is complete, the Administrator of the Federal Aviation Administration, in coordination with the Administrator of the National Aeronautics and Space Administration, and in consultation with the head of each relevant Federal agency, shall develop a comprehensive plan for the deployment of unmanned aircraft traffic management systems in the national airspace.
(2) SYSTEM REQUIREMENTS.—The comprehensive plan under paragraph (1) shall include requirements or standards consistent with established or planned rulemaking for, at a minimum—
(A) the flight of small unmanned aircraft in controlled and uncontrolled airspace;
(B) communications, as applicable—
(i) among small unmanned aircraft;
(ii) between small unmanned aircraft and manned aircraft operating in the same airspace; and
(iii) between small unmanned aircraft and air traffic control as considered necessary; and
(C) air traffic management for small unmanned aircraft operations.
(d) System Implementation.—Based on the comprehensive plan under subsection (c), including the requirements under paragraph (2) of that subsection, and the pilot program under section (b), the Administrator shall determine the operational need and implementation schedule for evolutionary use of automation support systems to separate and deconflict manned and unmanned aircraft.
(a) In General.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish guidance for the application for and procedures for the processing of, on an emergency basis, exemptions or certificates of authorization or waiver for the use of unmanned aircraft systems for emergency response operations. This guidance shall outline procedures for operations under both sections 44805 and 44807, United States Code, with priority given to applications for public unmanned aircraft systems engaged in emergency response activities.
(b) Requirements.—In providing guidance under subsection (a), the Administrator shall—
(1) if applicable, make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual line of sight and nighttime operations; and
(2) if applicable, explicitly state the procedures for coordinating with an incident commander to ensure operations granted under procedures developed under subsection (a) do not interfere with manned emergency response operations or otherwise impact response efforts.
(a) Public UAS Operations By Tribal Governments.—Section 40102(a)(41) is amended by adding at the end the following:
“(F) An unmanned aircraft that is owned and operated 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) is amended by striking “or (D)” and inserting “(D), or (F)”.
(a) In General.—There shall be in the Federal Aviation Administration a Senior Advisor for Unmanned Aircraft Systems Integration.
(b) Qualifications.—The Senior Advisor for Unmanned Aircraft Systems Integration shall have a demonstrated ability in management and knowledge of or experience in aviation.
(c) Responsibilities.—Unless otherwise determined by the Administrator of the Federal Aviation Administration—
(1) the Senior Advisor shall report directly to the Deputy Administrator of the Federal Aviation Administration; and
(2) the responsibilities of the Senior Advisor shall include the following:
(A) Providing advice to the Administrator and Deputy Administrator related to the integration of unmanned aircraft systems into the national airspace system.
(B) Reviewing and evaluating Federal Aviation Administration policies, activities, and operations related to unmanned aircraft systems.
(C) Facilitating coordination and collaboration among components of the Federal Aviation Administration with respect to activities related to unmanned aircraft systems integration.
(D) Interacting with Congress, and Federal, State, or local agencies, and stakeholder organizations whose operations and interests are affected by the activities of the Federal Aviation Administration on matters related to unmanned aircraft systems integration.
(a) Federal Preemption.—No State or political subdivision of a State may enact or enforce any law, regulation, or other provision having the force and effect of law relating to the design, manufacture, testing, licensing, registration, certification, operation, or maintenance of an unmanned aircraft system, including airspace, altitude, flight paths, equipment or technology requirements, purpose of operations, and pilot, operator, and observer qualifications, training, and certification.
(b) Preservation Of State And Local Authority.—Nothing in this subtitle shall be construed to limit a State or local government’s authority to enforce Federal, State, or local laws relating to nuisance, voyeurism, harassment, reckless endangerment, wrongful death, personal injury, property damage, or other illegal acts arising from the use of unmanned aircraft systems if such laws are not specifically related to the use of an unmanned aircraft system for those illegal acts.
(c) No Preemption Of Common Law Or Statutory Causes Of Action.—Nothing in this subtitle, nor any standard, rule, requirement, standard of performance, safety determination, or certification implemented pursuant to this subtitle, shall be construed to preempt, displace, or supplant any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for a criminal conduct. Notwithstanding any other provision of this subtitle, nothing in this subtitle, nor any amendments made by this subtitle, shall preempt or preclude any cause of action for personal injury, wrongful death, property damage, or other injury based on negligence, strict liability, products liability, failure to warn, or any other legal theory of liability under any State law, maritime law, or Federal common law or statutory theory if such laws are not specifically related to the use of an unmanned aircraft system.
(a) Regulations.—Notwithstanding the repeals under sections 2122(b)(2), 2125(b)(2), 2126(b)(2), 2128(b)(2), and 2129(b)(2) 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 on or 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(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
(2) Section 332(d) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
(3) Section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
(4) Section 334 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
(5) Section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
(c) Effect On Pending Proceedings.—This Act shall not affect administrative or judicial proceedings pending on the effective date of this Act.
