,,ii #aahth ,,congress #ast ,session ,s4 #cjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #g1 #bjbc,mr4 ,warner 7for himself and ,mr4 ,thune7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to establish certain rules relating to unmanned aircraft systems and operations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,increasing ,competitiveness for ,american ,drones ,act of #bjbc4 #b4 ,beyond visual line of sight operations for unmanned aircraft systems ,chapter #ddh of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ddhaa4 ,beyond visual line of sight operations for unmanned aircraft systems 7a7 ,in general ,not later than #f months after the date of enactment of this section1 the ,administrator of the ,federal ,aviation ,administration 7in this section referred to as the ,administrator7 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 7in this section referred to as ,,bvlos7 operations4 7b7 ,consultation 7#a7 ,in general ,subject to paragraph 7#b71 in promulgating the rule under subsection 7a71 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 #aj1 #bjbb4 7#b7 ,exception ,if the ,administrator determines not to implement #a or more of the recommendations described in paragraph 7#a71 the ,administrator shall provide to the appropriate committees of ,congress a statement of explanation for such determination4 7c7 ,final rule 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial ,,bvlos operations4 7#b7 ,requirements ,the final rule described in paragraph 7#a7 shall1 at a minimum1 do the following3 7,a7 ,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 risks1 taking into account an aircraft's size1 weight1 speed1 kinetic energy1 operational capability1 proximity to airports and populated areas1 operation over people1 and operation beyond the visual line of sight1 or operation during the day or night1 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 conducted4 7,b7 ,establish remote pilot certification standards for remote pilots for ,,bvlos operations1 taking into account varying levels of automated control and management of unmanned aircraft system flights4 7,c7 ,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 compliance1 which shall not require type or production certification or the issuance of a special airworthiness certificate4 7,d7 ,establish a special airworthiness certificate to be issued upon a manufacturer's declaration of compliance to a ,federal ,aviation ,administration accepted means of compliance1 which-- 7i7 shall not require type or production certification2 7ii7 shall1 at least1 govern airworthiness of any unmanned aircraft system that-- 7,i7 is not-- 7aa7 a small unmanned aircraft system2 and 7bb7 appropriate for the process described in subparagraph 7,c71 as determined by the ,administrator2 7,,ii7 has a maximum gross weight of not more than #a1cbj lbs2 and 7,,iii7 has a maximum speed of #ajj miles per hour2 and 7iii7 may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least-- 7,i7 #djj feet above ground level2 or 7,,ii7 with respect to an unmanned aircraft system flown within a #djj-;foot radius of a structure1 #djj feet above the structure's immediate uppermost limit4 7,e7 ,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 7,c7 or 7,d74 7,f7 ,establish operating rules for-- 7i7 the operation of the unmanned aircraft systems described in subparagraph 7,c71 7,d71 or 7,e72 and 7ii7 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 7b77#a74 7#c7 ,rule of construction ,nothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph 7#b77;,c7 for other unmanned aircraft systems4 4 #c4 ,establishment of ,associate ,administrator of ,,uas ,integration ,section #ajf of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7u7 ,office of the ,associate ,administrator of ,,uas ,integration 7#a7 ,establishment ,there is established in the ,federal ,aviation ,administration the ,office of ,associate ,administrator of ,,uas ,integration 7in this subsection referred to as the ,office74 7#b7 ,associate ,administrator ,the ,office shall be headed by an ,associate ,administrator1 who shall-- 7,a7 be appointed by the ,administrator1 in consultation with the ,secretary of ,transportation2 and 7,b7 report directly to the ,administrator4 7#c7 ,purposes ,the purposes of the ,office are to-- 7,a7 ensure and oversee the safe integration of ,u,a,ss into the national airspace system2 7,b7 encourage and facilitate a commercially viable ,,uas industry and the leadership of the ,united ,states in ,,uas2 7,c7 increase overall safety of the transportation system on a mode-neutral basis2 7,d7 promote the global leadership of the ,united ,states in advanced aviation2 and 7,e7 manage the ,,uas ,integration ,office4 7#d7 ,duties ,the ,associate ,administrator shall-- 7,a7 conduct rulemaking proceedings with respect to ,u,a,ss2 7,b7 review submissions under the processes established in subparagraphs 7,c7 through 7,e7 of section #ddhaa7;c77#b7 and1 as appropriate1 grant certifications and other operational approvals2 7,c7 review1 modify1 accept1 or approve industry-developed standards1 means of compliance1 and declarations of compliance2 7,d7 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 manner2 7,e7 hire full time equivalent employees1 as appropriate1 to build expertise within the ,office in assessing new technologies and novel risk mitigations2 7,f7 manage the ,,uas ,certification ,unit 7as described in subsection 7v772 and 7,g7 engage in any other activities deemed necessary by the ,associate ,administrator to carry out the purposes described in paragraph 7#c74 7#e7 ,definitions ,in this subsection3 7,a7 ,beyond visual line of sight2 ,,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 7such as spectacles or contact lenses74 7,b7 ,,uas ,the term ,,uas has the meaning given the term unmanned aircraft system in section #ddhja4 4 #d4 ,establishment of ,,uas ,certification ,unit ,section #ajf of title #di1 ,united ,states ,code1 as amended by section #c1 is amended by adding at the end the following new subsection3 7v7 ,,uas ,certification ,unit 7#a7 ,establishment ,there is established in the ,office of ,associate ,administrator of ,,uas ,integration 7as established in subsection 7u77 the ,,uas ,certification ,unit 7in this subsection referred to as the ,unit74 7#b7 ,membership 7,a7 ,employees ,the ,unit shall include not less than #a employee from each relevant line of business of the ,federal ,aviation ,administration1 including the ,,uas ,integration ,office1 the ,aircraft ,certification ,service1 the ,flight ,standards ,service1 ,air ,traffic ,control1 the ,office of ,chief ,counsel1 the ,office of ,environment and ,energy1 and any other office deemed appropriate by the ,associate ,administrator4 7,b7 ,leadership ,out of the employees described in subparagraph 7,a71 the ,associate ,administrator of the ,office of ,associate ,administrator of ,,uas ,integration may designate a director and steering committee to lead the ,unit1 which shall consist of not less than #a employee from each line of business participating in the ,unit4 7#c7 ,duties ,the ,unit shall develop and implement the unmanned aircraft system certification or approval processes described in section #ddhaa by-- 7,a7 reviewing and accepting industry-based airworthiness standards and means of compliance2 7,b7 engaging with applicants on the certification or approval process2 7,c7 providing clear and consistent guidance to industry standards organizations1 including setting either a target level of safety or an acceptable level of risk2 7,d7 promptly responding to questions from any person seeking an approval described in subparagraphs 7,c7 through 7,d7 of section #ddhaa7;c77#b72 and 7,e7 taking all necessary steps to move the unmanned aircraft system certification and acceptance processes forward without avoidable delay4 7#d7 ,,uas ,special ,airworthiness ,certificate ,approvals ,the ,associate ,administrator shall have the authority to grant or deny an application for any approval described in section #ddhaa1 upon review of the recommendations of the ,unit and after consultation with the managers of the ,aircraft ,certification ,service and ,flight ,standards ,service1 if either manager requests consultation4 4 #e4 ,use of modeling and simulation tools in unmanned aircraft test ranges2 program extension 7a7 ,use of modeling and simulation tools ,section #ddhjc7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#aa71 by striking the period at the end and inserting 2 and2 and 7#b7 by adding at the end the following new paragraph3 7#ab7 use modeling and simulation tools to assist in the testing1 evaluation1 verification1 and validation of unmanned aircraft systems4 4 7b7 ,program extension ,section #ddhjc7;h7 of title #di1 ,united ,states ,code1 is amended by striking ,september #cj1 #bjbc and inserting ,september #cj1 #bjbh4 #f4 ,extension of special authority for unmanned aircraft systems 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the lack of appropriate certification standards1 rules1 and processes set by the ,federal ,aviation ,administration for airworthiness determinations and operational approvals of unmanned aircraft systems 7as defined in section #ddhja of title #di1 ,united ,states ,code7 puts the ,united ,states at a disadvantage in global competitiveness and delays the integration of promising new technology into communities in the ,united ,states2 7#b7 this lack of progress on a standardized airworthiness and operational approvals approach compels the extension of authority to issue exemptions under section #ddhjg of such title #di2 and 7#c7 such section #ddhjg-- 7,a7 should continue to use a risk-based approach to authorize operations that do not fit within part #ajg of title #ad1 ,code of ,federal ,regulations2 and 7,b7 should not be limited to type certificate applicants4 7b7 ,extension ,section #ddhjg7;d7 of title #di1 ,united ,states ,code1 is amended by striking ,september #cj1 #bjbc and inserting on the date the rules described in section #ddhaa take effect4 7c7 ,clarification ,section #ddhjg7;a7 of title #di1 ,united ,states ,code1 is amended by inserting or chapter #ddg after ,notwithstanding any other requirement of this chapter4 7d7 ,expedited exemptions ,in exercising authority under section #ddhjg of title #di1 ,united ,states ,code 7as amended by subsection 7b771 the ,administrator of the ,federal ,aviation ,administration shall1 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 #aa of title #ad1 ,code of ,federal ,regulations1 grant exemptions to enable-- 7#a7 low-risk beyond visual line of sight operations1 such as certain package delivery operations or shielded operations within #ajj feet of the ground or a structure2 or 7#b7 extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view4 7e7 ,clarification of status of previously issued rulemakings and exemptions 7#a7 ,rulemakings ,any rulemaking published prior to the date of enactment of this ,act under the authority described in section #ddhjg of title #di1 ,united ,states ,code1 shall continue to be in effect following the expiration of such authority4 7#b7 ,exemptions ,any exemption granted under the authority described in section #ddhjg of title #di1 ,united ,states ,code1 and in effect as of ,september #cj1 #bjbc1 shall continue to be in effect until the date that is #c years after the date of termination described in such exemption4 7#c7 ,delegation ,the authority granted to the ,secretary of ,transportation in such section #ddhjg may continue to be delegated to the ,administrator of the ,federal ,aviation ,administration in whole or in part4 7#d7 ,rules of construction ,nothing in this section shall be construed to interfere with the ,secretary of ,transportation's-- 7,a7 authority to rescind or amend the granting of an exemption for reasons such as unsafe conditions or operator oversight2 or 7,b7 ability to grant an exemption based on a determination made pursuant to such section #ddhjg before the expiration of that provision4