Drone Innovation Act of 2017
This bill directs the Department of Transportation (DOT) to publish a civil unmanned aircraft (drone) local operation policy framework in the Federal Register. The framework shall provide guidelines to standardize restrictions on the operation of drones and create an environment that encourages innovation and fosters the rapid integration of drones into the national airspace system. DOT shall establish pilot programs to provide technical assistance to governmental entities for regulating the operation of drones.
DOT shall not authorize the operation of drones in local airspace above property where there is a reasonable expectation of privacy without the property owner's permission.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2930 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2930
To develop a civil unmanned aircraft policy framework, a pilot program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2017
Mr. Lewis of Minnesota (for himself, Ms. Brownley of California, Mr.
Rokita, and Mr. Garamendi) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To develop a civil unmanned aircraft policy framework, a pilot program,
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 ``Drone Innovation Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act the following definitions apply:
(1) Civil aircraft.--The term ``civil aircraft'', 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.
(2) Local government.--The term ``local government'' means
a unit of government that is a subdivision of a State, such as
city, county, or parish.
(3) Local operation.--The terms ``local operation'' and
``local in nature'' refer to flights or portions of civil
unmanned aircraft that occur in airspace--
(A) up to 200 feet above ground level; and
(B) the lateral boundaries of a State, local, or
Tribal government's jurisdiction.
(4) Small unmanned aircraft.--The term ``small unmanned
aircraft'' has the same meaning as such term is defined in
section 331(6) of the FAA Reform and Modernization Act of 2012.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, and the territories and
possessions of the United States.
(6) Tribal government.--The term ``Tribal Government''
means the governing body of an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)).
SEC. 3. CIVIL UNMANNED AIRCRAFT POLICY FRAMEWORK.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall, after
consultation with State, local, and Tribal officials, and other
appropriate stakeholders, publish a civil unmanned aircraft local
operation policy framework in the Federal Register.
(b) Contents.--The policy framework required pursuant to subsection
(a) shall--
(1) provide guidelines to aid States, local, and Tribal
governments in harmonizing and, to the degree possible,
standardizing reasonable time, manner, and place limitations
and other restrictions on operations of civil and small
unmanned aircraft that are local in nature;
(2) take into account the economic and non-economic
benefits, such as civic or educational uses, of small or civil
unmanned aircraft operations;
(3) provide guidelines to aid States, local, and Tribal
governments in creating an environment that is hospitable to
innovation and fosters the rapid integration of unmanned
aircraft into the national airspace system; and
(4) aid States, local, and Tribal governments in adopting
technologies, such as unmanned traffic management systems, that
will enable notification to operators regarding reasonable
time, manner, and place limitations on operations of civil and
small unmanned aircraft that are local in nature.
(c) Analysis.--In crafting the policy framework and in prescribing
any future regulations or standards related to civil unmanned aircraft
systems, the Secretary of Transportation shall define the scope of the
preemptive effect of any civil unmanned aircraft regulations or
standards pursuant to section 40103 or 41713 of title 49, United States
Code. Such regulations or standards shall be limited to the extent
necessary to ensure the safety and efficiency of the national airspace
system for interstate commerce, and shall preserve the legitimate
interests of State, local, and Tribal governments, including--
(1) protecting public safety;
(2) protecting personal privacy;
(3) protecting property rights;
(4) managing land use; and
(5) restricting nuisances and noise pollution.
(d) Limitations.--In formulating and implementing the policy
framework required pursuant to subsection (a) and any future
regulations, policies or standards related to civil unmanned aircraft
systems, the Secretary shall abide by and be guided by the following
fundamental principles:
(1) Any limitation on small or civil unmanned aircraft
should be consistent with maintaining the safe use of the
navigable airspace and the legitimate interests of State,
local, and Tribal governments.
(2) Innovation and competition are best served by a diverse
and competitive small and civil unmanned aircraft systems
industry.
(3) Any limitation on small or civil unmanned aircraft
should not create an unreasonable burden on interstate or
foreign commerce.
(4) The operation of small and civil unmanned aircraft
systems that are local in nature have more in common with
terrestrial transportation than traditional aviation.
(5) As it relates to the time, manner, and place of
unmanned aircraft local operations, and the need to foster
innovation, States, local, and Tribal governments uniquely
possess the constitutional authority, the resources, and the
competence to discern the sentiments of the people and to
govern accordingly.
(6) Relying upon technology solutions, such as unmanned
traffic management, provided by private industry, will
effectively solve policy challenges.
(7) State, local and Tribal officials are best positioned
to make judgments and issue dynamic limitations around events,
including, fires, accidents and other first responder activity,
public gatherings, community events, pedestrian thoroughfares,
recreational activities, cultural activities, heritage sites,
schools, parks and other inherently local events and locations,
which may justify limiting unmanned aircraft activity that is
local in nature while balancing the activities or events
against the need for innovation.
(8) The economic and non-economic benefits, of small and
civil unmanned aircraft operations may be best achieved by
empowering the State, local, and Tribal governments to create a
hospitable environment to welcome innovation.
(9) Innovation and competition in the unmanned aircraft
industry are best served enabling State, local, and Tribal
governments to experiment with a variety of approaches to
policies related to unmanned aircraft.
(10) The Department of Transportation shall, when making
policy related to small or civil unmanned aircraft systems,
recognize that problems that are merely common to the State,
local, and Tribal governments will not justify Federal action
because individual State, local, and Tribal governments, acting
individually or together, can effectively deal with such
problems and may find and implement more innovation friendly
policies than Federal agencies.
(11) The Department shall, when making policy related to
small or civil unmanned aircraft systems, provide timely
information and assistance to State, local, and Tribal
governments that will ensure collaboration.
SEC. 4. PILOT PROGRAM ON FEDERAL PARTNERSHIPS.
(a) In General.--Not later than 9 months after the date of the
enactment of this Act, the Secretary of Transportation shall enter into
agreements with not less than 20 and not more than 30 State, local, or
Tribal governments to establish pilot programs under which the
Secretary shall provide technical assistance to such governments in
regulating the operation of small and civil unmanned aircraft systems,
including through the use of the latest available technologies for
unmanned traffic management, notice, authorization, and situational
awareness with respect to reasonable time, manner, and place
limitations and restrictions pursuant to section 3.
(b) Selection.--In selecting among State, local and Tribal
governments for purposes of establishing pilot programs under
subsection (a), the Secretary shall seek to enter into agreements
with--
(1) governments that vary their size and intended approach
to regulation of small and civil unmanned aircraft systems;
(2) governments that demonstrate a willingness to partner
with technology providers and small and civil unmanned aircraft
operators; and
(3) at least two of each of the following: State
governments, county governments, city governments, and Tribal
Governments.
(c) Unmanned Aircraft Systems Traffic Management System.--The
Secretary shall coordinate with the Administrator of the National
Aeronautics and Space Administration to ensure that participants in
pilot programs established under subsection (a) are consulted in the
development of the unmanned aircraft systems traffic management system
under section 2208 of the FAA Extension, Safety, and Security Act of
2016 (Public Law 114-190, 49 U.S.C. 40101 note) and the pilot program
under section (b) of such section.
(d) Report Required.--Not later than 18 months after establishment
of the pilot programs required by subsection (a), the Secretary shall
coordinate with pilot program participants to submit to Congress, and
make available to the public, a report identifying best practices for
State, local, and Tribal governments to regulate the operation of small
and civil unmanned aircraft systems and to collaborate with the Federal
Aviation Administration with respect to the regulation of such systems.
SEC. 5. PRESERVATION.
(a) Rights to Privacy.--In prescribing regulations or standards
related to civil or small unmanned aircraft systems, the Secretary
shall not authorize the operation of a small or civil unmanned aircraft
in airspace local in nature above property where there is a reasonable
expectation of privacy without permission of the property owner.
(b) Causes of Action, Claims, and Remedies.--
(1) In general.--Nothing in this section shall be construed
to preempt, displace, or supplant any Federal, State, or Tribal
common law rights or any Federal, State, or Tribal statute or
common law right creating a remedy for civil relief, including
those for civil damages, or a penalty for a criminal law.
(2) Cause of actions upheld.--Nothing in this section shall
preempt or preclude any cause of action for personal injury,
wrongful death, property damage, inverse condemnation,
trespass, nuisance or other injury based on negligence, strict
liability, products liability, failure to warn, or any other
legal theory of liability under any maritime law, or any
Federal, State, or Tribal common law or statutory theory,
except that no cause of action, claim or remedy may be made
solely because of the transit of an unmanned aircraft through
airspace local in nature over private property in the absence
of proof that such transit substantially interfered with the
owner or lessee's use or enjoyment of the property or
repeatedly transited the airspace local in nature above the
owner's property.
(c) Private Airspace.--Notwithstanding any other provision of law,
the Secretary shall not issue any rule or regulation that impedes or
operates contrary to the authority of a State, local, or Tribal
government to define private property rights as it applies to unmanned
aircraft in the airspace above property that is local in nature.
(d) Rights to Operate.--A State or local government may not
unreasonably or substantially impede the ability of a civil unmanned
aircraft, from reaching the navigable airspace. Unreasonable or
substantial impeding of a civil unmanned aircraft from reaching the
navigable airspace includes--
(1) outright bans on overflights of the entirety of the
lateral boundaries of a State or local government's
jurisdiction;
(2) excessively large prohibitions on overflights of areas
of local significance such that access to airspace is so
impeded as to make flight within the lateral boundaries of a
State or local government's jurisdiction nearly impossible; and
(3) a combination of restrictions intended to unreasonably
impede or having the practical effect of unreasonably impeding
the ability of a civil unmanned aircraft from reaching the
navigable airspace.
(e) Right-of-Way.--Nothing in this section shall be construed to
prevent an operator or pilot from operating a small or civil unmanned
aircraft over their own property, right of way, easement, lands, or
waters.
SEC. 6. STATUTORY CONSTRUCTION.
(a) Judicial Review.--An action taken by the Secretary of
Transportation under any of sections 4XXXW-4XXXY is subject to judicial
review as provided under section 46110 of title 49, United States Code.
(b) Civil and Criminal Jurisdiction.--Nothing in this Act
(including the amendments made by this Act) may be construed to
diminish or expand the civil or criminal jurisdiction of--
(1) any Tribal Government relative to any State or local
government; or
(2) any State or local government relative to any Tribal
Government.
(c) Limitation.--Nothing in this Act (including the amendments made
by this Act) may be construed to--
(1) affect manned aircraft operations or the authority of
the Federal Aviation Authority (in this section referred to as
``FAA'') with respect to manned aviation;
(2) affect the right of the FAA to take emergency action,
including the right to issue temporary flight restrictions;
(3) affect the right of the FAA to pursue enforcement
action against unsafe unmanned aircraft operators; and
(4) affect the right of first responders to access airspace
in the event of an emergency.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
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