,,ii #aahth ,,congress #ast ,session ,s4 #aeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ca1 #bjbc,mr4 ,grassley 7for himself1 ,mr4 ,kelly1 ,mr4 ,cassidy1 ,ms4 ,cortez ,masto1 ,ms4 ,hassan1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prevent the misuse of drones1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,drone ,act of #bjbc4 #b4 ,findings ,congress finds that-- 7#a7 drone technology has the potential to revolutionize commerce1 military operations1 law enforcement1 and various industries1 as well as recreation in general2 7#b7 drone technology also presents a potential danger to public safety and national security2 7#c7 drone technology is increasingly being used by drug trafficking and human trafficking organizations at the southern border-- 7,a7 to assist in smuggling into the ,united ,states high-value items2 7,b7 for conducting reconnaissance2 and 7,c7 even as offensive weapons against competing criminal organizations2 7#d7 drone technology has been used to deliver into ,federal correctional centers contraband such as cell phones1 wire cutters1 screwdrivers1 and hacksaws2 7#e7 there were #hge drone sightings in restricted airport airspace in #bjbj1 and #gff such sightings in the first half of #bjba1 including #cf such sightings in the vicinities of runways2 and 7#f7 while existing ,federal law includes some criminal provisions relating to misuse of drones1 those provisions are fragmentary in nature and therefore fail to restrain and deter the most serious drone-related crimes4 #c4 ,drone offenses ,part ,i of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #ci;,b7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking operation of1 an aircraft and inserting the following3 operation of-- 7,a7 an aircraft 2 7ii7 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,b7 a vessel of the ,united ,states1 or a vessel subject to the jurisdiction of the ,united ,states1 as those terms are defined in section #gjejb of title #df1 carrying #a or more occupants1 in a manner that poses an imminent safety hazard to such occupants1 shall be punished as provided in subsection 7c72 7,c7 a motor vehicle that is used1 operated1 or employed in interstate or foreign commerce and is carrying #a or more occupants1 in a manner that poses an imminent safety hazard to such occupants1 shall be punished as provided in subsection 7c72 or 7,d7 a vehicle used or designed for flight or navigation in space described in section #g7f71 shall be punished as provided in subsection 7c74 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking operation of1 an aircraft and inserting the following3 operation of-- 7,a7 an aircraft 2 7ii7 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,b7 a vessel of the ,united ,states1 or a vessel subject to the jurisdiction of the ,united ,states1 as those terms are defined in section #gjejb of title #df1 carrying #a or more occupants1 in a manner that poses an imminent safety hazard to such occupants1 shall be punished as provided in subsection 7c72 7,c7 a motor vehicle that is used1 operated1 or employed in interstate or foreign commerce and is carrying #a or more occupants1 in a manner that poses an imminent safety hazard to such occupants1 shall be punished as provided in subsection 7c72 or 7,d7 a vehicle used or designed for flight or navigation in space described in section #g7f71 shall be punished as provided in subsection 7c74 2 7#b7 in section #dj;,a-- 7,a7 in the heading1 by striking ,operation of unauthorized unmanned aircraft over wildfires and inserting ,interference by unauthorized unmanned aircraft with law enforcement1 emergency response1 and military activities2 and 7,b7 in subsection 7a7-- 7i7 by striking operates an unmanned aircraft and knowingly or recklessly and inserting the following3 operates an unmanned aircraft and-- 7#a7 knowingly or recklessly 2 7ii7 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7#b7 knowingly or recklessly interferes with a law enforcement1 emergency response1 or military operation or activity of a unit or agency of the ,united ,states ,government or of a ,state1 tribal1 or local government 7other than a wildfire suppression or law enforcement or emergency response efforts related to a wildfire suppression7 shall be fined under this title1 imprisoned for not more than #b years1 or both4 2 7#c7 by inserting after section #dj;,a the following3 #dj;,b4 ,misuse of unmanned aircraft 7a7 ,definitions ,in this section-- 7#a7 the term aircraft1 notwithstanding section #ca7;a77#a71 means any device1 craft1 vehicle1 or contrivance that is-- 7,a7 invented1 used1 or designed to navigate1 fly1 or travel in the air2 or 7,b7 used or intended to be used for flight in the air2 7#b7 the term airport has the meaning given the term in section #djajb7;a77#i7 of title #di2 7#c7 the term contraband has the meaning given the term in section #hjcjb7;a7 of title #di2 7#d7 the term dangerous weapon has the meaning given the term in section #icj2 7#e7 the term explosive means any thing within the scope of the definition of explosive materials in section #hda2 7#f7 the term firearm has the meaning given the term in section #iba2 7#g7 the term ,federal law includes any form of ,federal law1 including any ,federal statute1 rule1 regulation1 or order2 7#h7 the term personnel of the ,united ,states means any ,federal officer1 employee1 or contractor1 or any person assisting such an officer1 employee1 or contractor in the performance of duties2 7#i7 the terms prison and prohibited object have the meanings given those terms in section #agia2 7#aj7 the term restricted electromagnetic weapon means any type of device1 instrument1 technology1 or contrivance that-- 7,a7 can generate or emit electromagnetic radiation or fields that are capable of jamming1 disrupting1 degrading1 damaging1 or interfering with the operation of any technological or electronic asset1 system1 network1 or infrastructure1 or any component or subcomponent thereof2 and 7,b7 is classified as a restricted electromagnetic weapon by the ,attorney ,general1 in consultation with the ,secretary of ,defense2 7#aa7 the term serious bodily injury has the meaning given the term in section #acfe2 7#ab7 the term ,united ,states corporation or legal entity means any corporation or other entity organized under the laws of the ,united ,states or any ,state2 7#ac7 the term unmanned aircraft has the meaning given the term in section #ddhja of title #di2 7#ad7 the term vessel means any craft or contrivance used1 capable of being used1 or designed to be used for transportation in1 on1 or through water2 and 7#ae7 the term weapon of mass destruction has the meaning given the term in section #bccb;a4 7b7 ,offenses 7#a7 ,weaponization ,it shall be unlawful1 in a circumstance described in subsection 7c71 to knowingly-- 7,a7 equip or arm an unmanned aircraft with a firearm1 explosive1 dangerous weapon1 restricted electromagnetic weapon1 or weapon of mass destruction2 7,b7 possess1 receive1 transfer1 operate1 or produce an unmanned aircraft that is equipped or armed with a firearm1 explosive1 dangerous weapon1 restricted electromagnetic weapon1 or weapon of mass destruction2 7,c7 discharge or deploy a firearm1 explosive1 dangerous weapon1 restricted electromagnetic weapon1 or weapon of mass destruction using an unmanned aircraft2 or 7,d7 use an unmanned aircraft to cause-- 7i7 serious bodily injury or death to a person2 or 7ii7 damage to-- 7,i7 property in an amount that exceeds #e1jjj2 or 7,,ii7 critical infrastructure 7as defined in section #ajaf of the ,,usa ,,patriot ,act 7#db ,u4,s4,c4 #eaie;c774 7#b7 ,operation of drone to commit felony ,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 #a year under a law of the ,united ,states or a ,state1 if ,federal law requires that the aircraft be registered and the aircraft is not registered4 7#c7 ,impairment of identification or lighting ,it shall be unlawful to1 in violation of ,federal law1 knowingly and willfully-- 7,a7 remove1 obliterate1 tamper with1 or alter the identification number of the unmanned aircraft2 7,b7 disable or fail to effect any required identification transmission or signaling of the unmanned aircraft2 or 7,c7 disable or obscure any required anti-collision lighting of the unmanned aircraft or fail to have or illuminate such lighting as required4 7#d7 ,intrusion on protected spaces ,it shall be unlawful for any person1 knowing that the conduct of the person is unlawful1 to-- 7,a7 operate an unmanned aircraft in any airspace1 or cause the takeoff or landing of an unmanned aircraft in any place1 in violation of ,federal law1 including all applicable rules1 regulations1 and orders of the ,federal ,aviation ,administration and the ,department of ,homeland ,security2 or 7,b7 operate an unmanned aircraft across a border of the ,united ,states or its territories or possessions without complying with the requirements of ,federal law1 including all applicable rules1 regulations1 and orders of the ,federal ,aviation ,administration and the ,department of ,homeland ,security4 7#e7 ,transportation of contraband ,it shall be unlawful to knowingly use an unmanned aircraft to-- 7,a7 transport contraband2 or 7,b7 introduce a prohibited object into a prison4 7c7 ,circumstances ,the circumstances described in this subsection are that the offense-- 7#a7 is an offense under paragraph 7#b71 7#c71 7#d71 or 7#e7 of subsection 7b72 7#b7 involves an unmanned aircraft1 firearm1 explosive1 dangerous weapon1 restricted electromagnetic weapon1 weapon of mass destruction1 or ammunition that has moved at any time in interstate or foreign commerce2 7#c7 occurs in or affects interstate or foreign commerce2 7#d7 involves the movement of any person or thing in1 or use of any means or instrumentality of1 interstate or foreign commerce2 7#e7 involves-- 7,a7 any use of the electromagnetic spectrum that is subject to the jurisdiction of the ,federal ,communications ,commission or the ,national ,telecommunications and ,information ,administration2 or 7,b7 any aircraft or airspace use that is subject to the jurisdiction of the ,federal ,aviation ,administration2 7#f7 is committed1 whether within or outside of the ,united ,states1 against-- 7,a7 the ,united ,states or any department1 agency1 property1 activity1 or personnel of the ,united ,states2 or 7,b7 an aircraft in the special aircraft jurisdiction of the ,united ,states 7as defined in section #dfeja of title #di72 7#g7 is committed outside of the ,united ,states against any ,united ,states national1 ,united ,states corporation or legal entity1 aircraft registered under ,united ,states law1 or vessel of the ,united ,states or vessel subject to the jurisdiction of the ,united ,states 7as those terms are defined in section #gjejb of title #df72 or 7#h7 is committed in the special maritime and territorial jurisdiction of the ,united ,states4 7d7 ,penalties ,any person who violates subsection 7b7-- 7#a7 in the case of a violation of paragraph 7#b71 7#c71 or 7#d7 of that subsection1 shall be imprisoned for not more than #e years1 fined under this title1 or both2 7#b7 in the case of a violation of paragraph 7#a77;,a71 7#a77;,b71 7#a77;,c71 or 7#e7 of that subsection1 shall be imprisoned for not more than #aj years1 fined under this title1 or both2 7#c7 subject to paragraph 7#d7 of this subsection1 in the case of a violation of paragraph 7#a77;,d7 of that subsection1 shall be imprisoned for not more than #bj years1 fined under this title1 or both2 and 7#d7 in the case of a violation of any paragraph of that subsection1 if death results1 shall be sentenced to death or imprisoned for any term of years or for life1 fined under this title1 or both4 7e7 ,inchoate offenses 7#a7 ,in general ,whoever threatens1 attempts1 or conspires to commit an offense under subsection 7b7 shall be subject to the same punishment under subsection 7d7 as for a completed offense4 7#b7 ,federal jurisdiction ,in the case of a threat1 attempt1 or conspiracy to commit an offense under subsection 7b71 the requirement that a circumstance described in subsection 7c7 exists shall be satisfied if any of the circumstances described in that subsection would have existed had the offense been carried out4 7f7 ,exceptions 7#a7 ,government-authorized conduct ,subsection 7b7 shall not apply to conduct by or under the authority of1 authorized by1 or pursuant to a contract with1 the ,united ,states or a ,state1 ,tribal1 or local government1 or any department or agency of the ,united ,states or a ,state1 ,tribal1 or local government4 7#b7 ,weaponization for authorized or licensed activities ,subsection 7b77#a71 as that subsection applies to firearms1 explosives1 and other dangerous weapons1 shall not apply to-- 7,a7 conduct related to avalanche mitigation2 or 7,b7 any other conduct in which the use of the firearm1 explosive1 or dangerous weapon is licensed or otherwise permitted for the mitigation of dangers associated with hazardous environments4 7#c7 ,authorized property damage ,subsection 7b77#a77;,d7 shall not apply to conduct consisting of injury to property1 if engaged in by or with the authorization or consent of the owner of the property1 including in any consensual competition in which unmanned aircraft are deployed against each other4 2 7#d7 in the chapter analysis for chapter #b1 by striking the item relating to section #dj;,a and inserting the following3 #dj;,a4 ,interference by unauthorized unmanned aircraft with law enforcement1 emergency response1 and military activities4#dj;,b4 ,misuse of unmanned aircraft4 2 7#e7 in section #ihb7;a77#f77;,a71 by inserting #ci;,b 7relating to unsafe operation of unmanned aircraft71 #dj;,a 7relating to interference by unauthorized unmanned aircraft with law enforcement1 emergency response1 and military activities71 #dj;,b 7relating to misuse of unmanned aircraft71 before #eee2 7#f7 in section #bccb;b7g77#e77;,b71 by inserting #dj;,b7b77#a7 7relating to weaponization of unmanned aircraft71 before #ha2 and 7#g7 in section #beaf7a77;c71 by inserting section #ci;,b 7relating to unsafe operation of unmanned aircraft71 section #dj;,a 7relating to interference by unauthorized unmanned aircraft with law enforcement1 emergency response1 and military activities71 section #dj;,b 7relating to misuse of unmanned aircraft71 before section #dc4