Increasing Competitiveness for American Drones Act of 2023
This bill establishes and extends certain rules and authorities related to unmanned aircraft systems (UAS) and operations.
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.
Additionally, the bill establishes the Office of Associate Administrator of UAS Integration within the FAA. Among other duties, the office must (1) ensure and oversee the safe integration of UAS into the national airspace system, and (2) encourage and facilitate a commercially viable UAS industry and the leadership of the United States in UAS.
The bill also establishes the UAS Certification Unit to develop and implement the UAS certification or approval processes for BVLOS operations.
The bill extends the FAA's UAS Test Site Program, which provides verification of the safety of public and civil UAS, operations, and related navigation procedures before their integration into the national airspace system. The bill also modifies the program to require the FAA to use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of UAS.
Further, the bill extends the special authority for the Department of Transportation to provide exemptions from some requirements for UAS by using a risk-based approach to determine if certain UAS may operate safely in the national airspace system.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3459 Introduced in House (IH)]
<DOC>
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 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.
(a) In General.--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.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, is amended by inserting after the item relating to
section 44810 the following:
``44811. Beyond visual line of sight operations for 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.
<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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