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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1608 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1608

    To protect the safety of the national airspace system from the 
    hazardous operation of consumer drones, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2015

 Mrs. Feinstein (for herself and Mr. Schumer) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
    To protect the safety of the national airspace system from the 
    hazardous operation of consumer drones, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Drone Safety Act''.

SEC. 2. SAFETY REQUIREMENTS FOR OPERATION OF CONSUMER DRONES.

    (a) Rulemaking.--For the purpose of allowing consumer drones to be 
operated without posing a danger to manned aircraft, the Administrator 
shall publish a final rule not later than 18 months after the date of 
the enactment of this Act containing safety requirements applicable to 
the operation of consumer drones.
    (b) Applicability.--The final rule required by subsection (a) shall 
apply to consumer drones that--
            (1) are flown for hobby or recreational use; and
            (2) are not operated in accordance with a community-based 
        set of safety guidelines and within the programming of a 
        nationwide community-based organization.
    (c) Requirements.--The final rule required by subsection (a) shall 
include--
            (1) a maximum altitude above ground level for flight of 
        consumer drones;
            (2) circumstances or areas where flights are restricted 
        because of the risk of unsafe interactions with manned 
        aircraft, such as within an unsafe distance from an airport or 
        in the flight path of a manned aircraft;
            (3) circumstances or areas where flights are restricted 
        because of the risk to persons or property on the ground, such 
        as within an unsafe distance from urban areas, residential 
        areas, electrical infrastructure, transportation 
        infrastructure, amusement parks, or public areas where 
        spectators are present;
            (4) conditions that may require limitations on flight, such 
        as weather or time of day; and
            (5) any other requirement that the Administrator determines 
        is necessary to minimize the risk that a consumer drone will 
        collide with a manned aircraft or otherwise endanger the safety 
        of the national airspace system or persons and property on the 
        ground.

SEC. 3. SAFETY REQUIREMENTS FOR MANUFACTURERS OF CONSUMER DRONES.

    (a) Rulemaking.--Not later than 18 months after the date of the 
enactment of this Act, the Administrator shall publish a final rule 
containing safety requirements applicable to consumer drones 
manufactured in, imported into, or sold in the United States.
    (b) Requirements.--The final rule required by subsection (a) shall 
include--
            (1) limitations on altitude for consumer drones, whether 
        through software or other technological means;
            (2) a means of preventing unauthorized operation within an 
        unsafe distance from an airport or in protected airspace;
            (3) a system that, through sensors and software or other 
        similar means, enables avoidance of collisions;
            (4) a technological means to maintain safety in the event 
        that a communications link between a consumer drone and its 
        operator is lost or compromised, such as by ensuring that the 
        drone autonomously lands safely in a particular location;
            (5) a requirement that a consumer drone be detectable and 
        identifiable to pilots and air traffic controllers, including 
        through the use of an identification number and a transponder 
        or similar technology to convey the drone's location and 
        altitude;
            (6) a means to prevent tampering with or modification of 
        any system, limitation, or other safety mechanism required by 
        the Administrator under this section or any other provision of 
        law, including a means to identify any tampering or 
        modification that has been made;
            (7) educational materials to be provided to a consumer who 
        purchases a consumer drone; and
            (8) such other requirements as the Administrator considers 
        necessary to ensure the safety of the national airspace system.
    (c) Updating Existing Consumer Drones.--
            (1) In general.--The final rule required by subsection (a) 
        shall require modification, at the manufacturer's expense, of 
        any consumer drone that was commercially distributed before the 
        publication of the rule so that, to the greatest extent 
        practicable, such consumer drones meet the requirements 
        prescribed under the rule.
            (2) Requirements for consumer drones that cannot be fully 
        updated.--If any consumer drone cannot be modified as described 
        in paragraph (1), the Administrator may authorize the operation 
        of the consumer drone in accordance with subsection (d).
            (3) Notification.--The final rule required by subsection 
        (a) shall include provisions to publicize and notify the owners 
        of consumer drones of the modifications required by paragraph 
        (1) and of the manufacturer's responsibility to pay for the 
        modifications.
    (d) Limited Exemptions Permitted.--In the final rule required by 
subsection (a), the Administrator may exempt a type of consumer drone, 
by virtue of its size, weight, operational capabilities, technological 
capabilities, or other characteristic, from a requirement under 
subsection (b) only if--
            (1) complying with that requirement is technologically 
        infeasible or cost-prohibitive for the type of consumer drone;
            (2) exempting the type of consumer drone from the 
        requirement does not create a hazard to users of the national 
        airspace system or the public or pose a threat to national 
        security;
            (3) the Administrator establishes requirements for the safe 
        operation of the consumer drone in the national airspace 
        system; and
            (4) the Administrator makes a determination under section 
        4(b) with respect to such exemption.

SEC. 4. SAFETY DETERMINATION REQUIRED TO AUTHORIZE OPERATION OF 
              CONSUMER DRONES.

    (a) Codification of Existing Federal Aviation Administration 
Policy.--No person may operate a consumer drone in the national 
airspace system without specific authority from the Federal Aviation 
Administration.
    (b) Safety Determination Required Before Issuance of Specific 
Authority.--The Administrator may not provide any form of specific 
authority for the operation of a consumer drone in the national 
airspace system without--
            (1) making a determination, following an evaluation of all 
        foreseeable safety or operational risks, including risks 
        arising from potential malfunctions, that providing such 
        authority does not endanger the safety of the national airspace 
        system or any individual; and
            (2) documenting that determination and the reasons for that 
        determination in writing.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to terminate any specific authority provided by the 
Administrator.

SEC. 5. CLARIFICATIONS OF AGENCY AUTHORITY.

    (a) Clarification of Enforcement Authority.--
            (1) Civil penalties.--The Administrator may impose a civil 
        penalty under section 46301 of title 49, United States Code, 
        for a violation of this Act or a regulation prescribed or order 
        or specific authority issued under this Act in the same manner 
        and to the same extent as the Administrator may impose a 
        penalty under such section 46301 for a violation of chapter 447 
        of such title (other than a violation of sections 44719 through 
        44723 of such chapter).
            (2) Rule of construction with respect to existing 
        authority.--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 law or regulation.
    (b) Sunset of Prior Specific Authority.--Beginning on the date that 
is 120 days after the date of the enactment of this Act, Federal 
Aviation Administration Advisory Circular 91-57, issued June 9, 1981, 
shall not be construed to authorize the operation of any consumer drone 
for recreational or hobby purposes that does not comply with the 
standards specified in paragraphs (1) through (5) of section 336(a) of 
the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 
U.S.C. 40101 note).
    (c) Import Enforcement.--The Commissioner of U.S. Customs and 
Border Protection may use existing authority to enforce restrictions on 
the importation of consumer drones into the United States pursuant to 
the final rule required by section 3(a).
    (d) Rule of Construction.--Nothing in this Act shall be construed 
to limit the authority of the Administrator to regulate the operation 
of consumer drones or to pursue enforcement action against persons 
operating consumer drones who endanger the safety of the national 
airspace system.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Automatic stabilization system.--
                    (A) In general.--The term ``automatic stabilization 
                system'' means any system that has the capability to 
                maintain stable flight (such as maintaining hover 
                altitude, heading, or altitude control) without an 
                operator providing control input, such as a system that 
                coordinates the operation of any combination of--
                            (i) elements of the propulsion system of an 
                        aircraft, including any rotor or propeller; or
                            (ii) the flight control surfaces of an 
                        aircraft, including any aileron, elevator, 
                        rudder, spoiler, flap, slat, or air brake.
                    (B) Inclusion.--Any rotorcraft utilizing 4 rotors 
                and any aircraft that is capable of autonomous flight 
                shall be considered to be using an automatic 
                stabilization system.
            (3) Civil.--The term ``civil'', with respect to an unmanned 
        aircraft system, means that the unmanned aircraft is not a 
        public aircraft (as defined in section 40102 of title 49, 
        United States Code).
            (4) Consumer drone.--
                    (A) In general.--The term ``consumer drone'' means 
                a civil unmanned aircraft or a civil unmanned aircraft 
                system that--
                            (i) is--
                                    (I) equipped with an automatic 
                                stabilization system; or
                                    (II) capable of providing a video 
                                signal allowing operation beyond the 
                                visual line of sight of the operator;
                            (ii) is manufactured and intended for 
                        commercial distribution; and
                            (iii) weighs 55 pounds or less or is 
                        certified as described in section 336(a)(3) of 
                        the FAA Modernization and Reform Act of 2012 
                        (Public Law 112-95; 49 U.S.C. 40101 note).
                    (B) Inclusion.--The term ``consumer drone'' 
                includes a kit of component parts that would be a 
                consumer drone if the kit were assembled prior to 
                commercial distribution.
            (5) Nationwide community-based organization.--The term 
        ``nationwide community-based organization'' means a membership-
        based association that--
                    (A) represents the aeromodeling community within 
                the United States;
                    (B) provides its members a comprehensive set of 
                safety guidelines that underscore safe aeromodeling 
                operations within the national airspace system and the 
                protection and safety of the general public on the 
                ground;
                    (C) develops and maintains mutually supportive 
                programming with educational institutions, government 
                entities, and other aviation associations; and
                    (D) acts as a liaison with government agencies and 
                as an advocate for its members.
            (6) Protected airspace.--The term ``protected airspace'' 
        includes the following types of airspace:
                    (A) Special use airspace under part 73 of title 14, 
                Code of Federal Regulations (or any corresponding 
                similar regulation or ruling), including prohibited 
                airspace under subpart C of such part.
                    (B) Any other airspace the Administrator considers 
                appropriate.
            (7) Specific authority.--The term ``specific authority'' 
        means a certificate of authorization, special airworthiness 
        certificate, authorization issued under section 333 of the FAA 
        Modernization and Reform Act of 2012 (Public Law 112-95; 49 
        U.S.C. 40101 note), rule, regulation, policy statement, 
        advisory circular, or any other form of permit or authorization 
        issued by the Federal Aviation Administration for operation of 
        a consumer drone in the national airspace system, including--
                    (A) Federal Aviation Administrator Advisory 
                Circular 91-57 (relating to model aircraft operating 
                standards) and subsequent versions thereof;
                    (B) the notice of policy on unmanned aircraft 
                operations in the national airspace system of the 
                Federal Aviation Administration (Docket No. FAA-2006-
                25714); or
                    (C) the notice of interpretation of the special 
                rule for model aircraft of the Federal Aviation 
                Administration (Docket No. FAA-2014-0396).
            (8) Unmanned aircraft; unmanned aircraft system.--The terms 
        ``unmanned aircraft'' and ``unmanned aircraft system'' have the 
        meanings given those terms in section 331 of the FAA 
        Modernization and Reform Act of 2012 (Public Law 112-95; 49 
        U.S.C. 40101 note).

SEC. 7. CONFORMING AMENDMENT.

    Section 336(a)(2) of the FAA Modernization and Reform Act of 2012 
(Public Law 112-95; 49 U.S.C. 40101 note) is amended by inserting ``(as 
defined in section 6 of the Consumer Drone Safety Act)'' after 
``nationwide community-based organization''.
                                 <all>
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