I 
118TH CONGRESS 
1ST SESSION H. R. 2944 
To prevent the misuse of drones, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2023 
Mr. GALLAGHER (for himself, Mr. GOTTHEIMER, Mr. GOODEN of Texas, and 
Ms. TITUS) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To prevent the misuse of drones, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drone Act of 2023’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) drone technology has the potential to revo-
lutionize commerce, military operations, law enforce-
ment, and various industries, as well as recreation in 
general; 
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(2) drone technology also presents a potential 
danger to public safety and national security; 
(3) drone technology is increasingly being used 
by drug trafficking and human trafficking organiza-
tions at the southern border— 
(A) to assist in smuggling into the United 
States high-value items; 
(B) for conducting reconnaissance; and 
(C) even as offensive weapons against com-
peting criminal organizations; 
(4) drone technology has been used to deliver 
into Federal correctional centers contraband such as 
cell phones, wire cutters, screwdrivers, and hack-
saws; 
(5) there were 875 drone sightings in restricted 
airport airspace in 2020, and 766 such sightings in 
the first half of 2021, including 36 such sightings in 
the vicinities of runways; and 
(6) while existing Federal law includes some 
criminal provisions relating to misuse of drones, 
those provisions are fragmentary in nature and 
therefore fail to restrain and deter the most serious 
drone-related crimes. 
SEC. 3. DRONE OFFENSES. 
Part I of title 18, United States Code, is amended— 
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(1) in section 39B(a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘operation of, an air-
craft’’ and inserting the following: ‘‘oper-
ation of— 
‘‘(A) an aircraft’’; 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) a vessel of the United States, or a 
vessel subject to the jurisdiction of the United 
States, as those terms are defined in section 
70502 of title 46, carrying 1 or more occu-
pants, in a manner that poses an imminent 
safety hazard to such occupants, shall be pun-
ished as provided in subsection (c); 
‘‘(C) a motor vehicle that is used, oper-
ated, or employed in interstate or foreign com-
merce and is carrying 1 or more occupants, in 
a manner that poses an imminent safety hazard 
to such occupants, shall be punished as pro-
vided in subsection (c); or 
‘‘(D) a vehicle used or designed for flight 
or navigation in space described in section 7(6), 
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shall be punished as provided in subsection 
(c).’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘operation of, an air-
craft’’ and inserting the following: ‘‘oper-
ation of— 
‘‘(A) an aircraft’’; 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) a vessel of the United States, or a 
vessel subject to the jurisdiction of the United 
States, as those terms are defined in section 
70502 of title 46, carrying 1 or more occu-
pants, in a manner that poses an imminent 
safety hazard to such occupants, shall be pun-
ished as provided in subsection (c); 
‘‘(C) a motor vehicle that is used, oper-
ated, or employed in interstate or foreign com-
merce and is carrying 1 or more occupants, in 
a manner that poses an imminent safety hazard 
to such occupants, shall be punished as pro-
vided in subsection (c); or 
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‘‘(D) a vehicle used or designed for flight 
or navigation in space described in section 7(6), 
shall be punished as provided in subsection 
(c).’’; 
(2) in section 40A— 
(A) in the heading, by striking ‘‘Oper-
ation of unauthorized unmanned air-
craft over wildfires’’ and inserting ‘‘In-
terference 
by 
unauthorized 
un-
manned aircraft with law enforce-
ment, emergency response, and mili-
tary activities’’; and 
(B) in subsection (a)— 
(i) by striking ‘‘operates an unmanned 
aircraft and knowingly or recklessly’’ and 
inserting the following: ‘‘operates an un-
manned aircraft and— 
‘‘(1) knowingly or recklessly’’; 
(ii) by striking the period at the end 
and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(2) knowingly or recklessly interferes with a 
law enforcement, emergency response, or military 
operation or activity of a unit or agency of the 
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United States Government or of a State, tribal, or 
local government (other than a wildfire suppression 
or law enforcement or emergency response efforts re-
lated to a wildfire suppression) shall be fined under 
this title, imprisoned for not more than 2 years, or 
both.’’; 
(3) by inserting after section 40A the following: 
‘‘§ 40B. Misuse of unmanned aircraft 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘aircraft’, notwithstanding section 
31(a)(1), means any device, craft, vehicle, or contriv-
ance that is— 
‘‘(A) invented, used, or designed to navi-
gate, fly, or travel in the air; or 
‘‘(B) used or intended to be used for flight 
in the air; 
‘‘(2) the term ‘airport’ has the meaning given 
the term in section 40102(a)(9) of title 49; 
‘‘(3) the term ‘contraband’ has the meaning 
given the term in section 80302(a) of title 49; 
‘‘(4) the term ‘dangerous weapon’ has the 
meaning given the term in section 930; 
‘‘(5) the term ‘explosive’ means any thing with-
in the scope of the definition of ‘explosive materials’ 
in section 841; 
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‘‘(6) the term ‘firearm’ has the meaning given 
the term in section 921; 
‘‘(7) the term ‘Federal law’ includes any form 
of Federal law, including any Federal statute, rule, 
regulation, or order; 
‘‘(8) the term ‘personnel of the United States’ 
means any Federal officer, employee, or contractor, 
or any person assisting such an officer, employee, or 
contractor in the performance of duties; 
‘‘(9) the terms ‘prison’ and ‘prohibited object’ 
have the meanings given those terms in section 
1791; 
‘‘(10) the term ‘restricted electromagnetic 
weapon’ means any type of device, instrument, tech-
nology, or contrivance that— 
‘‘(A) can generate or emit electromagnetic 
radiation or fields that are capable of jamming, 
disrupting, degrading, damaging, or interfering 
with the operation of any technological or elec-
tronic asset, system, network, or infrastructure, 
or any component or subcomponent thereof; 
and 
‘‘(B) is classified as a restricted electro-
magnetic weapon by the Attorney General, in 
consultation with the Secretary of Defense; 
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‘‘(11) the term ‘serious bodily injury’ has the 
meaning given the term in section 1365; 
‘‘(12) the term ‘United States corporation or 
legal entity’ means any corporation or other entity 
organized under the laws of the United States or 
any State; 
‘‘(13) the term ‘unmanned aircraft’ has the 
meaning given the term in section 44801 of title 49; 
‘‘(14) the term ‘vessel’ means any craft or con-
trivance used, capable of being used, or designed to 
be used for transportation in, on, or through water; 
and 
‘‘(15) the term ‘weapon of mass destruction’ 
has the meaning given the term in section 2332a. 
‘‘(b) OFFENSES.— 
‘‘(1) WEAPONIZATION.—It shall be unlawful, in 
a circumstance described in subsection (c), to know-
ingly— 
‘‘(A) equip or arm an unmanned aircraft 
with a firearm, explosive, dangerous weapon, re-
stricted electromagnetic weapon, or weapon of 
mass destruction; 
‘‘(B) possess, receive, transfer, operate, or 
produce an unmanned aircraft that is equipped 
or armed with a firearm, explosive, dangerous 
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weapon, restricted electromagnetic weapon, or 
weapon of mass destruction; 
‘‘(C) discharge or deploy a firearm, explo-
sive, dangerous weapon, restricted electro-
magnetic weapon, or weapon of mass destruc-
tion using an unmanned aircraft; or 
‘‘(D) use an unmanned aircraft to cause— 
‘‘(i) serious bodily injury or death to 
a person; or 
‘‘(ii) damage to property in an 
amount that exceeds $5,000. 
‘‘(2) OPERATION OF DRONE TO COMMIT FEL-
ONY.—It shall be unlawful to knowingly operate an 
unmanned aircraft in furtherance of the commission 
of a crime punishable by death or imprisonment of 
more than 1 year under a law of the United States 
or a State, if Federal law requires that the aircraft 
be registered and the aircraft is not registered. 
‘‘(3) IMPAIRMENT
OF
IDENTIFICATION
OR 
LIGHTING.—It shall be unlawful to, in violation of 
Federal law, knowingly and willfully— 
‘‘(A) remove, obliterate, tamper with, or 
alter the identification number of the unmanned 
aircraft; 
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‘‘(B) disable or fail to effect any required 
identification transmission or signaling of the 
unmanned aircraft; or 
‘‘(C) disable or obscure any required anti- 
collision lighting of the unmanned aircraft or 
fail to have or illuminate such lighting as re-
quired. 
‘‘(4) INTRUSION
ON
PROTECTED
SPACES.—It 
shall be unlawful for any person, knowing that the 
conduct of the person is unlawful, to— 
‘‘(A) operate an unmanned aircraft in any 
airspace, or cause the takeoff or landing of an 
unmanned aircraft in any place, in violation of 
Federal law, including all applicable rules, regu-
lations, and orders of the Federal Aviation Ad-
ministration and the Department of Homeland 
Security; or 
‘‘(B) operate an unmanned aircraft across 
a border of the United States or its territories 
or possessions without complying with the re-
quirements of Federal law, including all appli-
cable rules, regulations, and orders of the Fed-
eral Aviation Administration and the Depart-
ment of Homeland Security. 
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‘‘(5) TRANSPORTATION
OF
CONTRABAND.—It 
shall be unlawful to knowingly use an unmanned air-
craft to— 
‘‘(A) transport contraband; or 
‘‘(B) introduce a prohibited object into a 
prison. 
‘‘(c) CIRCUMSTANCES.—The circumstances described 
in this subsection are that the offense— 
‘‘(1) is an offense under paragraph (2), (3), 
(4), or (5) of subsection (b); 
‘‘(2) involves an unmanned aircraft, firearm, 
explosive, dangerous weapon, restricted electro-
magnetic weapon, weapon of mass destruction, or 
ammunition that has moved at any time in inter-
state or foreign commerce; 
‘‘(3) occurs in or affects interstate or foreign 
commerce; 
‘‘(4) involves the movement of any person or 
thing in, or use of any means or instrumentality of, 
interstate or foreign commerce; 
‘‘(5) involves— 
‘‘(A) any use of the electromagnetic spec-
trum that is subject to the jurisdiction of the 
Federal Communications Commission or the 
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National Telecommunications and Information 
Administration; or 
‘‘(B) any aircraft or airspace use that is 
subject to the jurisdiction of the Federal Avia-
tion Administration; 
‘‘(6) is committed, whether within or outside of 
the United States, against— 
‘‘(A) the United States or any department, 
agency, property, activity, or personnel of the 
United States; or 
‘‘(B) an aircraft in the special aircraft ju-
risdiction of the United States (as defined in 
section 46501 of title 49); 
‘‘(7) is committed outside of the United States 
against any United States national, United States 
corporation or legal entity, aircraft registered under 
United States law, or vessel of the United States or 
vessel subject to the jurisdiction of the United States 
(as those terms are defined in section 70502 of title 
46); or 
‘‘(8) is committed in the special maritime and 
territorial jurisdiction of the United States. 
‘‘(d) PENALTIES.—Any person who violates sub-
section (b)— 
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‘‘(1) in the case of a violation of paragraph (2), 
(3), or (4) of that subsection, shall be imprisoned for 
not more than 5 years, fined under this title, or 
both; 
‘‘(2) in the case of a violation of paragraph 
(1)(A), (1)(B), (1)(C), or (5) of that subsection, 
shall be imprisoned for not more than 10 years, 
fined under this title, or both; 
‘‘(3) subject to paragraph (4) of this sub-
section, in the case of a violation of paragraph 
(1)(D) of that subsection, shall be imprisoned for 
not more than 20 years, fined under this title, or 
both; and 
‘‘(4) in the case of a violation of any paragraph 
of that subsection, if death results, shall be sen-
tenced to death or imprisoned for any term of years 
or for life, fined under this title, or both. 
‘‘(e) INCHOATE OFFENSES.— 
‘‘(1) IN
GENERAL.—Whoever threatens, at-
tempts, or conspires to commit an offense under 
subsection (b) shall be subject to the same punish-
ment under subsection (d) as for a completed of-
fense. 
‘‘(2) FEDERAL JURISDICTION.—In the case of a 
threat, attempt, or conspiracy to commit an offense 
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under subsection (b), the requirement that a cir-
cumstance described in subsection (c) exists shall be 
satisfied if any of the circumstances described in 
that subsection would have existed had the offense 
been carried out. 
‘‘(f) EXCEPTIONS.— 
‘‘(1) GOVERNMENT-AUTHORIZED
CONDUCT.— 
Subsection (b) shall not apply to conduct by or 
under the authority of, authorized by, or pursuant to 
a contract with, the United States or a State, tribal, 
or local government, or any department or agency of 
the United States or a State, tribal, or local govern-
ment. 
‘‘(2) WEAPONIZATION FOR AUTHORIZED OR LI-
CENSED
ACTIVITIES.—Subsection (b)(1), as that 
subsection applies to firearms, explosives, and other 
dangerous weapons, shall not apply to— 
‘‘(A) conduct related to avalanche mitiga-
tion; or 
‘‘(B) any other conduct in which the use of 
the firearm, explosive, or dangerous weapon is 
licensed or otherwise permitted for the mitiga-
tion of dangers associated with hazardous envi-
ronments. 
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‘‘(3) AUTHORIZED
PROPERTY
DAMAGE.—Sub-
section (b)(1)(D) shall not apply to conduct con-
sisting of injury to property, if engaged in by or with 
the authorization or consent of the owner of the 
property, including in any consensual competition in 
which unmanned aircraft are deployed against each 
other.’’; 
(4) in the chapter analysis for chapter 2, by 
striking the item relating to section 40A and insert-
ing the following: 
‘‘40A. Interference by unauthorized unmanned aircraft with law enforcement, 
emergency response, and military activities. 
‘‘40B. Misuse of unmanned aircraft.’’; 
(5) in section 982(a)(6)(A), by inserting ‘‘39B 
(relating to unsafe operation of unmanned aircraft), 
40A (relating to interference by unauthorized un-
manned aircraft with law enforcement, emergency 
response, and military activities), 40B (relating to 
misuse of unmanned aircraft),’’ before ‘‘555’’; 
(6) in section 2332b(g)(5)(B), by inserting 
‘‘40B(b)(1) (relating to weaponization of unmanned 
aircraft),’’ before ‘‘81’’; and 
(7) in section 2516(1)(c), by inserting ‘‘section 
39B (relating to unsafe operation of unmanned air-
craft), section 40A (relating to interference by unau-
thorized unmanned aircraft with law enforcement, 
emergency response, and military activities), section 
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