II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Drone Safe5 ty Act’’. 

6 SEC. 2. SAFETY REQUIREMENTS FOR OPERATION OF CON7 SUMER DRONES. 

8 (a) RULEMAKING.—For the purpose of allowing con9 sumer drones to be operated without posing a danger to 


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1 manned aircraft, the Administrator shall publish a final 

2 rule not later than 18 months after the date of the enact3 ment of this Act containing safety requirements applicable 

4 to the operation of consumer drones. 

5 (b) APPLICABILITY.—The final rule required by sub6 section (a) shall apply to consumer drones that— 

7 (1) are flown for hobby or recreational use; and 

8 (2) are not operated in accordance with a com9 munity-based set of safety guidelines and within the 

10 programming of a nationwide community-based or11 ganization. 

12 (c) REQUIREMENTS.—The final rule required by sub13 section (a) shall include— 

14 (1) a maximum altitude above ground level for 

15 flight of consumer drones; 

16 (2) circumstances or areas where flights are re17 stricted because of the risk of unsafe interactions 

18 with manned aircraft, such as within an unsafe dis19 tance from an airport or in the flight path of a 

20 manned aircraft; 

21 (3) circumstances or areas where flights are re22 stricted because of the risk to persons or property 

23 on the ground, such as within an unsafe distance 

24 from urban areas, residential areas, electrical infraVerDate Sep 11 2014 21:56 Jun 22, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1608.IS S1608

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1 structure, transportation infrastructure, amusement 

2 parks, or public areas where spectators are present; 

3 (4) conditions that may require limitations on 

4 flight, such as weather or time of day; and 

5 (5) any other requirement that the Adminis6 trator determines is necessary to minimize the risk 

7 that a consumer drone will collide with a manned 

8 aircraft or otherwise endanger the safety of the na9 tional airspace system or persons and property on 

10 the ground. 

11 SEC. 3. SAFETY REQUIREMENTS FOR MANUFACTURERS OF 

12 CONSUMER DRONES. 

13 (a) RULEMAKING.—Not later than 18 months after 

14 the date of the enactment of this Act, the Administrator 

15 shall publish a final rule containing safety requirements 

16 applicable to consumer drones manufactured in, imported 

17 into, or sold in the United States. 

18 (b) REQUIREMENTS.—The final rule required by sub19 section (a) shall include— 

20 (1) limitations on altitude for consumer drones, 

21 whether through software or other technological 

22 means; 

23 (2) a means of preventing unauthorized oper24 ation within an unsafe distance from an airport or 

25 in protected airspace; 


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1 (3) a system that, through sensors and software 

2 or other similar means, enables avoidance of colli3 sions; 

4 (4) a technological means to maintain safety in 

5 the event that a communications link between a con6 sumer drone and its operator is lost or compromised, 

7 such as by ensuring that the drone autonomously 

8 lands safely in a particular location; 

9 (5) a requirement that a consumer drone be de10 tectable and identifiable to pilots and air traffic con11 trollers, including through the use of an identifica12 tion number and a transponder or similar technology 

13 to convey the drone’s location and altitude; 

14 (6) a means to prevent tampering with or modi15 fication of any system, limitation, or other safety 

16 mechanism required by the Administrator under this 

17 section or any other provision of law, including a 

18 means to identify any tampering or modification 

19 that has been made; 

20 (7) educational materials to be provided to a 

21 consumer who purchases a consumer drone; and 

22 (8) such other requirements as the Adminis23 trator considers necessary to ensure the safety of the 

24 national airspace system. 

25 (c) UPDATING EXISTING CONSUMER DRONES.— 


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1 (1) IN GENERAL.—The final rule required by 

2 subsection (a) shall require modification, at the 

3 manufacturer’s expense, of any consumer drone that 

4 was commercially distributed before the publication 

5 of the rule so that, to the greatest extent prac6 ticable, such consumer drones meet the requirements 

7 prescribed under the rule. 

8 (2) REQUIREMENTS FOR CONSUMER DRONES

9 THAT CANNOT BE FULLY UPDATED.—If any con10 sumer drone cannot be modified as described in 

11 paragraph (1), the Administrator may authorize the 

12 operation of the consumer drone in accordance with 

13 subsection (d). 

14 (3) NOTIFICATION.—The final rule required by 

15 subsection (a) shall include provisions to publicize 

16 and notify the owners of consumer drones of the 

17 modifications required by paragraph (1) and of the 

18 manufacturer’s responsibility to pay for the modi19 fications. 

20 (d) LIMITED EXEMPTIONS PERMITTED.—In the final 

21 rule required by subsection (a), the Administrator may ex22 empt a type of consumer drone, by virtue of its size, 

23 weight, operational capabilities, technological capabilities, 

24 or other characteristic, from a requirement under sub25 section (b) only if— 


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1 (1) complying with that requirement is techno2 logically infeasible or cost-prohibitive for the type of 

3 consumer drone; 

4 (2) exempting the type of consumer drone from 

5 the requirement does not create a hazard to users of 

6 the national airspace system or the public or pose a 

7 threat to national security; 

8 (3) the Administrator establishes requirements 

9 for the safe operation of the consumer drone in the 

10 national airspace system; and 

11 (4) the Administrator makes a determination 

12 under section 4(b) with respect to such exemption. 

13 SEC. 4. SAFETY DETERMINATION REQUIRED TO AUTHOR14 IZE OPERATION OF CONSUMER DRONES. 

15 (a) CODIFICATION OF EXISTING FEDERAL AVIATION

16 ADMINISTRATION POLICY.—No person may operate a con17 sumer drone in the national airspace system without spe18 cific authority from the Federal Aviation Administration. 

19 (b) SAFETY DETERMINATION REQUIRED BEFORE

20 ISSUANCE OF SPECIFIC AUTHORITY.—The Administrator 

21 may not provide any form of specific authority for the op22 eration of a consumer drone in the national airspace sys23 tem without— 

24 (1) making a determination, following an eval25 uation of all foreseeable safety or operational risks, 


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1 including risks arising from potential malfunctions, 

2 that providing such authority does not endanger the 

3 safety of the national airspace system or any indi4 vidual; and 

5 (2) documenting that determination and the 

6 reasons for that determination in writing. 

7 (c) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to terminate any specific authority 

9 provided by the Administrator. 

10 SEC. 5. CLARIFICATIONS OF AGENCY AUTHORITY. 

11 (a) CLARIFICATION OF ENFORCEMENT AUTHOR12 ITY.— 

13 (1) CIVIL PENALTIES.—The Administrator may 

14 impose a civil penalty under section 46301 of title 

15 49, United States Code, for a violation of this Act 

16 or a regulation prescribed or order or specific au17 thority issued under this Act in the same manner 

18 and to the same extent as the Administrator may 

19 impose a penalty under such section 46301 for a vio20 lation of chapter 447 of such title (other than a vio21 lation of sections 44719 through 44723 of such 

22 chapter). 

23 (2) RULE OF CONSTRUCTION WITH RESPECT TO

24 EXISTING AUTHORITY.—Nothing in this subsection 

25 shall be construed to limit the authority of the AdVerDate Sep 11 2014 21:56 Jun 22, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1608.IS S1608

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1 ministrator to pursue an enforcement action for a 

2 violation of this Act, a regulation prescribed or order 

3 or authority issued under this Act, or any other ap4 plicable provision of law or regulation. 

5 (b) SUNSET OF PRIOR SPECIFIC AUTHORITY.—Be6 ginning on the date that is 120 days after the date of 

7 the enactment of this Act, Federal Aviation Administra8 tion Advisory Circular 91–57, issued June 9, 1981, shall 

9 not be construed to authorize the operation of any con10 sumer drone for recreational or hobby purposes that does 

11 not comply with the standards specified in paragraphs (1) 

12 through (5) of section 336(a) of the FAA Modernization 

13 and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 

14 40101 note). 

15 (c) IMPORT ENFORCEMENT.—The Commissioner of 

16 U.S. Customs and Border Protection may use existing au17 thority to enforce restrictions on the importation of con18 sumer drones into the United States pursuant to the final 

19 rule required by section 3(a). 

20 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

21 shall be construed to limit the authority of the Adminis22 trator to regulate the operation of consumer drones or to 

23 pursue enforcement action against persons operating con24 sumer drones who endanger the safety of the national air25 space system. 


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1 SEC. 6. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Federal 

5 Aviation Administration. 

6 (2) AUTOMATIC STABILIZATION SYSTEM.— 

7 (A) IN GENERAL.—The term ‘‘automatic 

8 stabilization system’’ means any system that 

9 has the capability to maintain stable flight 

10 (such as maintaining hover altitude, heading, or 

11 altitude control) without an operator providing 

12 control input, such as a system that coordinates 

13 the operation of any combination of— 

14 (i) elements of the propulsion system 

15 of an aircraft, including any rotor or pro16 peller; or 

17 (ii) the flight control surfaces of an 

18 aircraft, including any aileron, elevator, 

19 rudder, spoiler, flap, slat, or air brake. 

20 (B) INCLUSION.—Any rotorcraft utilizing 

21 4 rotors and any aircraft that is capable of au22 tonomous flight shall be considered to be using 

23 an automatic stabilization system. 

24 (3) CIVIL.—The term ‘‘civil’’, with respect to an 

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1 manned aircraft is not a public aircraft (as defined 

2 in section 40102 of title 49, United States Code). 

3 (4) CONSUMER DRONE.— 

4 (A) IN GENERAL.—The term ‘‘consumer 

5 drone’’ means a civil unmanned aircraft or a 

6 civil unmanned aircraft system that— 

7 (i) is— 

8 (I) equipped with an automatic 

9 stabilization system; or 

10 (II) capable of providing a video 

11 signal allowing operation beyond the 

12 visual line of sight of the operator; 

13 (ii) is manufactured and intended for 

14 commercial distribution; and 

15 (iii) weighs 55 pounds or less or is 

16 certified as described in section 336(a)(3) 

17 of the FAA Modernization and Reform Act 

18 of 2012 (Public Law 112–95; 49 U.S.C. 

19 40101 note). 

20 (B) INCLUSION.—The term ‘‘consumer 

21 drone’’ includes a kit of component parts that 

22 would be a consumer drone if the kit were as23 sembled prior to commercial distribution. 

24 (5) NATIONWIDE COMMUNITY-BASED ORGANI25 ZATION.—The term ‘‘nationwide community-based 


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1 organization’’ means a membership-based associa2 tion that— 

3 (A) represents the aeromodeling commu4 nity within the United States; 

5 (B) provides its members a comprehensive 

6 set of safety guidelines that underscore safe 

7 aeromodeling operations within the national air8 space system and the protection and safety of 

9 the general public on the ground; 

10 (C) develops and maintains mutually sup11 portive programming with educational institu12 tions, government entities, and other aviation 

13 associations; and 

14 (D) acts as a liaison with government 

15 agencies and as an advocate for its members. 

16 (6) PROTECTED AIRSPACE.—The term ‘‘pro17 tected airspace’’ includes the following types of air18 space: 

19 (A) Special use airspace under part 73 of 

20 title 14, Code of Federal Regulations (or any 

21 corresponding similar regulation or ruling), in22 cluding prohibited airspace under subpart C of 

23 such part. 

24 (B) Any other airspace the Administrator 

25 considers appropriate. 


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1 (7) SPECIFIC AUTHORITY.—The term ‘‘specific 

2 authority’’ means a certificate of authorization, spe3 cial airworthiness certificate, authorization issued 

4 under section 333 of the FAA Modernization and 

5 Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 

6 40101 note), rule, regulation, policy statement, advi7 sory circular, or any other form of permit or author8 ization issued by the Federal Aviation Administra9 tion for operation of a consumer drone in the na10 tional airspace system, including— 

11 (A) Federal Aviation Administrator Advi12 sory Circular 91–57 (relating to model aircraft 

13 operating standards) and subsequent versions 

14 thereof; 

15 (B) the notice of policy on unmanned air16 craft operations in the national airspace system 

17 of the Federal Aviation Administration (Docket 

18 No. FAA–2006–25714); or 

19 (C) the notice of interpretation of the spe20 cial rule for model aircraft of the Federal Avia21 tion Administration (Docket No. FAA–2014– 

22 0396). 

23 (8) UNMANNED AIRCRAFT; UNMANNED AIR24 CRAFT SYSTEM.—The terms ‘‘unmanned aircraft’’ 

25 and ‘‘unmanned aircraft system’’ have the meanings 


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1 given those terms in section 331 of the FAA Mod2 ernization and Reform Act of 2012 (Public Law 

3 112–95; 49 U.S.C. 40101 note). 

4 SEC. 7. CONFORMING AMENDMENT. 

5 Section 336(a)(2) of the FAA Modernization and Re6 form Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 

7 note) is amended by inserting ‘‘(as defined in section 6 

8 of the Consumer Drone Safety Act)’’ after ‘‘nationwide 

9 community-based organization’’. 

Æ 


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