Increasing Competitiveness for American Drones Act of 2023

Subjects: Transportation and Public Works

Summary:  <p><b>Increasing Competitiveness for American Drones Act of 2023</b></p> <p>This bill establishes and extends certain rules related to unmanned aircraft systems (UAS) and operations.</p> <p>Specifically, the bill requires the Federal Aviation Administration (FAA) to establish a regulatory pathway for certification or approval of UAS to enable commercial beyond visual line of sight (BVLOS) operations, including a risk assessment methodology.</p> <p>Additionally, the bill establishes the Office of Associate Administrator of UAS Integration within the FAA. It also establishes the UAS Certification Unit to develop and implement the UAS certification or approval processes for BVLOS operations.</p> <p>Further, the bill extends the special authority for the Department of Transportation to determine if certain UAS may operate safely in the national airspace system.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 307 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 307

   To amend title 49, United States Code, to establish certain rules 
  relating to unmanned aircraft systems and operations, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2023

 Mr. Warner (for himself and Mr. Thune) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend title 49, United States Code, to establish certain rules 
  relating to unmanned aircraft systems and operations, 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 ``Increasing Competitiveness for 
American Drones Act of 2023''.

SEC. 2. BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR UNMANNED AIRCRAFT 
              SYSTEMS.

    Chapter 448 of title 49, United States Code, is amended by adding 
at the end the following:

``SEC. 44811. BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR UNMANNED 
              AIRCRAFT SYSTEMS.

    ``(a) In General.--Not later than 6 months after the date of 
enactment of this section, the Administrator of the Federal Aviation 
Administration (in this section referred to as the `Administrator') 
shall issue a notice of proposed rulemaking establishing a regulatory 
pathway for certification or approval of unmanned aircraft systems to 
enable commercial beyond visual line of sight (in this section referred 
to as `BVLOS') operations.
    ``(b) Consultation.--
            ``(1) In general.--Subject to paragraph (2), in 
        promulgating the rule under subsection (a), the Administrator 
        shall implement the final report and recommendations of the 
        Beyond Visual Line of Sight Aviation Rulemaking Committee which 
        were submitted to the Administrator on March 10, 2022.
            ``(2) Exception.--If the Administrator determines not to 
        implement 1 or more of the recommendations described in 
        paragraph (1), the Administrator shall provide to the 
        appropriate committees of Congress a statement of explanation 
        for such determination.
    ``(c) Final Rule.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this section, the Administrator shall issue a 
        final rule establishing a regulatory pathway for certification 
        or approval of unmanned aircraft systems to enable commercial 
        BVLOS operations.
            ``(2) Requirements.--The final rule described in paragraph 
        (1) shall, at a minimum, do the following:
                    ``(A) Establish an applicable risk assessment 
                methodology for the authorization of BVLOS unmanned 
                aircraft system operations that includes quantified 
                measures of acceptability which sufficiently account 
                for the total air and ground risks associated with such 
                operations and the means for mitigating such risks, 
                taking into account an aircraft's size, weight, speed, 
                kinetic energy, operational capability, proximity to 
                airports and populated areas, operation over people, 
                and operation beyond the visual line of sight, or 
                operation during the day or night, including 
                consideration of unmanned aircraft using an approved or 
                accepted detect and avoid system appropriate for the 
                class and type of airspace in which the operation is 
                being conducted.
                    ``(B) Establish remote pilot certification 
                standards for remote pilots for BVLOS operations, 
                taking into account varying levels of automated control 
                and management of unmanned aircraft system flights.
                    ``(C) Establish an airworthiness process for small 
                unmanned aircraft systems that requires a 
                manufacturer's declaration of compliance to a Federal 
                Aviation Administration accepted means of compliance, 
                which shall not require type or production 
                certification or the issuance of a special 
                airworthiness certificate.
                    ``(D) Establish a special airworthiness certificate 
                to be issued upon a manufacturer's declaration of 
                compliance to a Federal Aviation Administration 
                accepted means of compliance, which--
                            ``(i) shall not require type or production 
                        certification;
                            ``(ii) shall, at least, govern 
                        airworthiness of any unmanned aircraft system 
                        that--
                                    ``(I) is not--
                                            ``(aa) a small unmanned 
                                        aircraft system; and
                                            ``(bb) appropriate for the 
                                        process described in 
                                        subparagraph (C), as determined 
                                        by the Administrator;
                                    ``(II) has a maximum gross weight 
                                of not more than 1,320 lbs; and
                                    ``(III) has a maximum speed of 100 
                                miles per hour; and
                            ``(iii) may require unmanned aircraft 
                        systems subject to the certificate to operate 
                        in the national airspace system at altitudes 
                        below at least--
                                    ``(I) 400 feet above ground level; 
                                or
                                    ``(II) with respect to an unmanned 
                                aircraft system flown within a 400-foot 
                                radius of a structure, 400 feet above 
                                the structure's immediate uppermost 
                                limit.
                    ``(E) Amend the Code of Federal Regulations to 
                establish generally applicable standards for the type 
                certification of unmanned aircraft systems that the 
                Administrator determines pose higher air or ground 
                risks such that those unmanned aircraft systems are not 
                appropriate for approvals under the processes described 
                in subparagraph (C) or (D).
                    ``(F) Establish operating rules for--
                            ``(i) the operation of the unmanned 
                        aircraft systems described in subparagraph (C), 
                        (D), or (E); and
                            ``(ii) certain unmanned aircraft systems to 
                        enable lower-risk BVLOS operations without 
                        airworthiness requirements in a manner 
                        consistent with the final report and 
                        recommendations of the Beyond Visual Line of 
                        Sight Aviation Rulemaking Committee described 
                        in subsection (b)(1).
            ``(3) Rule of construction.--Nothing in this section shall 
        prohibit the use of the manufacturer declarations of compliance 
        required under paragraph (2)(C) for other unmanned aircraft 
        systems.''.

SEC. 3. ESTABLISHMENT OF ASSOCIATE ADMINISTRATOR OF UAS INTEGRATION.

    Section 106 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(u) Office of the Associate Administrator of UAS Integration.--
            ``(1) Establishment.--There is established in the Federal 
        Aviation Administration the Office of Associate Administrator 
        of UAS Integration (in this subsection referred to as the 
        `Office').
            ``(2) Associate administrator.--The Office shall be headed 
        by an Associate Administrator, who shall--
                    ``(A) be appointed by the Administrator, in 
                consultation with the Secretary of Transportation; and
                    ``(B) report directly to the Administrator.
            ``(3) Purposes.--The purposes of the Office are to--
                    ``(A) ensure and oversee the safe integration of 
                UASs into the national airspace system;
                    ``(B) encourage and facilitate a commercially 
                viable UAS industry and the leadership of the United 
                States in UAS;
                    ``(C) increase overall safety of the transportation 
                system on a mode-neutral basis;
                    ``(D) promote the global leadership of the United 
                States in advanced aviation; and
                    ``(E) manage the UAS Integration Office.
            ``(4) Duties.--The Associate Administrator shall--
                    ``(A) conduct rulemaking proceedings with respect 
                to UASs;
                    ``(B) review submissions under the processes 
                established in subparagraphs (C) through (E) of section 
                44811(c)(2) and, as appropriate, grant certifications 
                and other operational approvals;
                    ``(C) review, modify, accept, or approve industry-
                developed standards, means of compliance, and 
                declarations of compliance;
                    ``(D) consult and coordinate with subject matter 
                experts from all relevant lines of business and staff 
                offices in carrying out the duties described in this 
                paragraph in a timely and efficient manner;
                    ``(E) hire full time equivalent employees, as 
                appropriate, to build expertise within the Office in 
                assessing new technologies and novel risk mitigations;
                    ``(F) manage the UAS Certification Unit (as 
                described in subsection (v)); and
                    ``(G) engage in any other activities deemed 
                necessary by the Associate Administrator to carry out 
                the purposes described in paragraph (3).
            ``(5) Definitions.--In this subsection:
                    ``(A) Beyond visual line of sight; bvlos.--The 
                terms `beyond visual line of sight' or `BVLOS' mean the 
                operation of a UAS beyond the capability of the 
                flightcrew members to see the UAS with vision unaided 
                by any device other than corrective lenses (such as 
                spectacles or contact lenses).
                    ``(B) UAS.--The term `UAS' has the meaning given 
                the term `unmanned aircraft system' in section 
                44801.''.

SEC. 4. ESTABLISHMENT OF UAS CERTIFICATION UNIT.

    Section 106 of title 49, United States Code, as amended by section 
3, is amended by adding at the end the following new subsection:
    ``(v) UAS Certification Unit.--
            ``(1) Establishment.--There is established in the Office of 
        Associate Administrator of UAS Integration (as established in 
        subsection (u)) the UAS Certification Unit (in this subsection 
        referred to as the `Unit').
            ``(2) Membership.--
                    ``(A) Employees.--The Unit shall include not less 
                than 1 employee from each relevant line of business of 
                the Federal Aviation Administration, including the UAS 
                Integration Office, the Aircraft Certification Service, 
                the Flight Standards Service, Air Traffic Control, the 
                Office of Chief Counsel, the Office of Environment and 
                Energy, and any other office deemed appropriate by the 
                Associate Administrator.
                    ``(B) Leadership.--Out of the employees described 
                in subparagraph (A), the Associate Administrator of the 
                Office of Associate Administrator of UAS Integration 
                may designate a director and steering committee to lead 
                the Unit, which shall consist of not less than 1 
                employee from each line of business participating in 
                the Unit.
            ``(3) Duties.--The Unit shall develop and implement the 
        unmanned aircraft system certification or approval processes 
        described in section 44811 by--
                    ``(A) reviewing and accepting industry-based 
                airworthiness standards and means of compliance;
                    ``(B) engaging with applicants on the certification 
                or approval process;
                    ``(C) providing clear and consistent guidance to 
                industry standards organizations, including setting 
                either a target level of safety or an acceptable level 
                of risk;
                    ``(D) promptly responding to questions from any 
                person seeking an approval described in subparagraphs 
                (C) through (D) of section 44811(c)(2); and
                    ``(E) taking all necessary steps to move the 
                unmanned aircraft system certification and acceptance 
                processes forward without avoidable delay.
            ``(4) UAS special airworthiness certificate approvals.--The 
        Associate Administrator shall have the authority to grant or 
        deny an application for any approval described in section 
        44811, upon review of the recommendations of the Unit and after 
        consultation with the managers of the Aircraft Certification 
        Service and Flight Standards Service, if either manager 
        requests consultation.''.

SEC. 5. USE OF MODELING AND SIMULATION TOOLS IN UNMANNED AIRCRAFT TEST 
              RANGES; PROGRAM EXTENSION.

    (a) Use of Modeling and Simulation Tools.--Section 44803(b) of 
title 49, United States Code, is amended--
            (1) in paragraph (11), by striking the period at the end 
        and inserting ``; and''; and
            (2) by adding at the end the following new paragraph:
            ``(12) use modeling and simulation tools to assist in the 
        testing, evaluation, verification, and validation of unmanned 
        aircraft systems.''.
    (b) Program Extension.--Section 44803(h) of title 49, United States 
Code, is amended by striking ``September 30, 2023'' and inserting 
``September 30, 2028''.

SEC. 6. EXTENSION OF SPECIAL AUTHORITY FOR UNMANNED AIRCRAFT SYSTEMS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the lack of appropriate certification standards, rules, 
        and processes set by the Federal Aviation Administration for 
        airworthiness determinations and operational approvals of 
        unmanned aircraft systems (as defined in section 44801 of title 
        49, United States Code) puts the United States at a 
        disadvantage in global competitiveness and delays the 
        integration of promising new technology into communities in the 
        United States;
            (2) this lack of progress on a standardized airworthiness 
        and operational approvals approach compels the extension of 
        authority to issue exemptions under section 44807 of such title 
        49; and
            (3) such section 44807--
                    (A) should continue to use a risk-based approach to 
                authorize operations that do not fit within part 107 of 
                title 14, Code of Federal Regulations; and
                    (B) should not be limited to type certificate 
                applicants.
    (b) Extension.--Section 44807(d) of title 49, United States Code, 
is amended by striking ``September 30, 2023'' and inserting ``on the 
date the rules described in section 44811 take effect''.
    (c) Clarification.--Section 44807(a) of title 49, United States 
Code, is amended by inserting ``or chapter 447'' after 
``Notwithstanding any other requirement of this chapter''.
    (d) Expedited Exemptions.--In exercising authority under section 
44807 of title 49, United States Code (as amended by subsection (b)), 
the Administrator of the Federal Aviation Administration shall, taking 
into account the statutory mandate to ensure safe and efficient use of 
the national airspace system and without requiring a rulemaking or 
imposing the requirements of part 11 of title 14, Code of Federal 
Regulations, grant exemptions to enable--
            (1) low-risk beyond visual line of sight operations, such 
        as certain package delivery operations or shielded operations 
        within 100 feet of the ground or a structure; or
            (2) extended visual line of sight operations that rely on 
        visual observers to keep the aircraft or airspace within view.
    (e) Clarification of Status of Previously Issued Rulemakings and 
Exemptions.--
            (1) Rulemakings.--Any rulemaking published prior to the 
        date of enactment of this Act under the authority described in 
        section 44807 of title 49, United States Code, shall continue 
        to be in effect following the expiration of such authority.
            (2) Exemptions.--Any exemption granted under the authority 
        described in section 44807 of title 49, United States Code, and 
        in effect as of September 30, 2023, shall continue to be in 
        effect until the date that is 3 years after the date of 
        termination described in such exemption.
            (3) Delegation.--The authority granted to the Secretary of 
        Transportation in such section 44807 may continue to be 
        delegated to the Administrator of the Federal Aviation 
        Administration in whole or in part.
            (4) Rules of construction.--Nothing in this section shall 
        be construed to interfere with the Secretary of 
        Transportation's--
                    (A) authority to rescind or amend the granting of 
                an exemption for reasons such as unsafe conditions or 
                operator oversight; or
                    (B) ability to grant an exemption based on a 
                determination made pursuant to such section 44807 
                before the expiration of that provision.
                                 &lt;all&gt;
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