I 
118TH CONGRESS 
1ST SESSION H. R. 3459 
To amend title 49, United States Code, to establish certain rules relating 
to unmanned aircraft systems and operations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2023 
Mr. YAKYM (for himself and Mr. MENENDEZ) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to establish certain 
rules relating to unmanned aircraft systems and oper-
ations, 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 ‘‘Increasing Competi-
tiveness for American Drones Act of 2023’’. 
SEC. 2. BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR 
UNMANNED AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 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 re-
ferred 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 sub-
mitted to the Administrator on March 10, 2022. 
‘‘(2) EXCEPTION.—If the Administrator deter-
mines not to implement 1 or more of the rec-
ommendations described in paragraph (1), the Ad-
ministrator shall provide to the appropriate commit-
tees 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 Ad-
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ministrator shall issue a final rule establishing a reg-
ulatory pathway for certification or approval of un-
manned aircraft systems to enable commercial 
BVLOS operations. 
‘‘(2) REQUIREMENTS.—The final rule described 
in paragraph (1) shall, at a minimum, do the fol-
lowing: 
‘‘(A) Establish an applicable risk assess-
ment methodology for the authorization of 
BVLOS unmanned aircraft system operations 
that includes quantified measures of accept-
ability which sufficiently account for the total 
air and ground risks associated with such oper-
ations 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, oper-
ation over people, and operation beyond the vis-
ual line of sight, or operation during the day or 
night, including consideration of unmanned air-
craft using an approved or accepted detect and 
avoid system appropriate for the class and type 
of airspace in which the operation is being con-
ducted. 
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‘‘(B) Establish remote pilot certification 
standards for remote pilots for BVLOS oper-
ations, taking into account varying levels of 
automated control and management of un-
manned 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 cer-
tificate to be issued upon a manufacturer’s dec-
laration of compliance to a Federal Aviation 
Administration accepted means of compliance, 
which— 
‘‘(i) shall not require type or produc-
tion certification; 
‘‘(ii) shall, at least, govern airworthi-
ness of any unmanned aircraft system 
that— 
‘‘(I) is not— 
‘‘(aa) a small unmanned air-
craft system; and 
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‘‘(bb) appropriate for the 
process described in subpara-
graph (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 oper-
ate in the national airspace system at alti-
tudes below at least— 
‘‘(I) 400 feet above ground level; 
or 
‘‘(II) with respect to an un-
manned 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 Regula-
tions 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 un-
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manned 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 sys-
tems to enable lower-risk BVLOS oper-
ations without airworthiness requirements 
in a manner consistent with the final re-
port 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 manufac-
turer declarations of compliance required under 
paragraph (2)(C) for other unmanned aircraft sys-
tems.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 448 of title 49, United States Code, is amended by 
inserting after the item relating to section 44810 the fol-
lowing: 
‘‘44811. Beyond visual line of sight operations for unmanned aircraft systems.’’. 
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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 sub-
section: 
‘‘(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 Transpor-
tation; and 
‘‘(B) report directly to the Administrator. 
‘‘(3) PURPOSES.—The purposes of the Office 
are to— 
‘‘(A) ensure and oversee the safe integra-
tion of UASs into the national airspace system; 
‘‘(B) encourage and facilitate a commer-
cially viable UAS industry and the leadership of 
the United States in UAS; 
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‘‘(C) increase overall safety of the trans-
portation 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 proc-
esses established in subparagraphs (C) through 
(E) of section 44811(c)(2) and, as appropriate, 
grant certifications and other operational ap-
provals; 
‘‘(C) review, modify, accept, or approve in-
dustry-developed standards, means of compli-
ance, and declarations of compliance; 
‘‘(D) consult and coordinate with subject 
matter experts from all relevant lines of busi-
ness and staff offices in carrying out the duties 
described in this paragraph in a timely and effi-
cient manner; 
‘‘(E) hire full-time equivalent employees, 
as appropriate, to build expertise within the Of-
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fice 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 be-
yond the capability of the flightcrew members 
to see the UAS with vision unaided by any de-
vice other than corrective lenses (such as spec-
tacles or contact lenses). 
‘‘(B) UAS.—The term ‘UAS’ has the 
meaning given the term ‘unmanned aircraft sys-
tem’ 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.— 
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‘‘(1) ESTABLISHMENT.—There is established in 
the Office of Associate Administrator of UAS Inte-
gration (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 Admin-
istration, including the UAS Integration Office, 
the Aircraft Certification Service, the Flight 
Standards Service, Air Traffic Control, the Of-
fice of Chief Counsel, the Office of Environment 
and Energy, and any other office deemed ap-
propriate by the Associate Administrator. 
‘‘(B) LEADERSHIP.—Out of the employees 
described in subparagraph (A), the Associate 
Administrator of the Office of Associate Admin-
istrator of UAS Integration may designate a di-
rector 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 im-
plement the unmanned aircraft system certification 
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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 cer-
tification or approval process; 
‘‘(C) providing clear and consistent guid-
ance to industry standards organizations, in-
cluding 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 ac-
ceptance processes forward without avoidable 
delay. 
‘‘(4) UAS SPECIAL AIRWORTHINESS CERTIFI-
CATE
APPROVALS.—The Associate Administrator 
shall have the authority to grant or deny an applica-
tion for any approval described in section 44811, 
upon review of the recommendations of the Unit and 
after consultation with the managers of the Aircraft 
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Certification Service and Flight Standards Service, 
if either manager requests consultation.’’. 
SEC. 5. USE OF MODELING AND SIMULATION TOOLS IN UN-
MANNED 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 as-
sist in the testing, evaluation, verification, and vali-
dation of unmanned aircraft systems.’’. 
(b) PROGRAM EXTENSION.—Section 44803(h) of title 
49, United States Code, is amended by striking ‘‘Sep-
tember 30, 2023’’ and inserting ‘‘September 30, 2028’’. 
SEC. 6. EXTENSION OF SPECIAL AUTHORITY FOR UN-
MANNED AIRCRAFT SYSTEMS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the lack of appropriate certification stand-
ards, rules, and processes set by the Federal Avia-
tion Administration for airworthiness determinations 
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and operational approvals of unmanned aircraft sys-
tems (as defined in section 44801 of title 49, United 
States Code) puts the United States at a disadvan-
tage in global competitiveness and delays the inte-
gration of promising new technology into commu-
nities in the United States; 
(2) this lack of progress on a standardized air-
worthiness and operational approvals approach com-
pels 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 ap-
proach 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 certifi-
cate 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’’. 
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(d) EXPEDITED EXEMPTIONS.—In exercising author-
ity 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 rule-
making or imposing the requirements of part 11 of title 
14, Code of Federal Regulations, grant exemptions to en-
able— 
(1) low-risk beyond visual line of sight oper-
ations, 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 air-
space 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 
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title 49, United States Code, and in effect as of Sep-
tember 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 Adminis-
trator 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. 
Æ 
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