[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3969 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3969

 To provide for a rulemaking on operation of unmanned aircraft beyond 
             visual line of sight, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2023

  Mr. Graves of Louisiana (for himself and Ms. Titus) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To provide for a rulemaking on operation of unmanned aircraft beyond 
             visual line of sight, 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. BEYOND VISUAL LINE OF SIGHT RULEMAKING.

    (a) In General.--Not later than 4 months after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue a notice of proposed rulemaking establishing 
airworthiness and operational regulations for unmanned aircraft 
operated beyond visual line of sight that are intended to operate 
primarily at or below 400 feet above ground level and the associated 
elements of such aircraft.
    (b) Contents.--In carrying out subsection (a), the Administrator 
shall--
            (1) establish a means to accept proposed--
                    (A) airworthiness standards for unmanned aircraft;
                    (B) standards for associated elements of unmanned 
                aircraft; and
                    (C) qualification standards for remote pilots 
                operating unmanned aircraft;
            (2) enable the ability for unmanned aircraft to be operated 
        for agricultural purposes;
            (3) establish a process by which the Administrator may 
        approve or accept third-party compliance services in support of 
        the safe integration of unmanned aircraft systems into the 
        national airspace system; and
            (4) establish protocols, as appropriate, for networked 
        information exchange, including network-based remote 
        identification in support of beyond visual line of sight 
        operations.
    (c) Unmanned Aircraft Airworthiness Standards.--In carrying out 
subsection (b)(1)(A), the Administrator shall--
            (1) define the operational environments of which an 
        airworthiness certification is needed to ensure aviation 
        safety;
            (2) establish an airworthiness category or categories for 
        unmanned aircraft to be eligible for a special airworthiness 
        certificate; and
            (3) establish a process to approve standards, means of 
        compliance, and declarations of compliance.
    (d) Unmanned Aircraft Associated Elements Standards.--
            (1) In general.--In carrying out subsection (b)(1)(B), the 
        Administrator shall establish a process to accept or approve 
        the associated elements of an unmanned aircraft that, when 
        considered collectively with other associated elements and an 
        unmanned aircraft, meet an acceptable performance-based safety 
        standard.
            (2) Considerations.--In establishing the process under 
        paragraph (1), the Administrator shall consider the ways 
        associated elements of an unmanned aircraft system interact 
        with other associated elements and unmanned aircraft.
    (e) Remote Pilot Qualifications.--
            (1) In general.--In carrying out subsection (b)(1)(C), the 
        Administrator shall establish qualifications and standards, or 
        a means to accept proposed qualifications and standards, for 
        remote pilots operating unmanned aircraft systems.
            (2) Considerations.--In carrying out subsection (e)(1), the 
        Administrator shall account for the varying levels of 
        automation of unmanned aircraft systems.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to allow for the establishment of type-ratings 
        that apply specifically and exclusively to an aircraft 
        manufactured by 1 manufacturer.
    (f) Interim Approvals.--Before the date on which the Administrator 
issues a final rule under this section, the Administrator shall use the 
process described in section 44807 of title 49, United States Code, to 
authorize unmanned aircraft system operations conducted beyond visual 
line of sight.
    (g) Final Rule.--Not later than 16 months after the date of 
enactment of this Act, the Administrator shall issue a final rule 
establishing the regulations required under this section.
    (h) Definitions.--In this section:
            (1) Associated elements.--The term ``associated elements'' 
        means any component of an unmanned aircraft system, not 
        permanently affixed to the unmanned aircraft, required for the 
        remote pilot to operate such aircraft safely and efficiently in 
        the national airspace system.
            (2) Beyond visual line of sight.--The term ``beyond visual 
        line of sight'' means a distance at which the remote pilot in 
        command of an unmanned aircraft system cannot see the unmanned 
        aircraft with vision unaided by any device other than 
        corrective lenses.
            (3) Unmanned aircraft; unmanned aircraft system.--The terms 
        ``unmanned aircraft'' and ``unmanned aircraft system'' have the 
        meaning given such terms in section 44801 of title 49, United 
        States Code.

SEC. 2. SPECIAL AUTHORITY FOR UNMANNED AIRCRAFT SYSTEMS.

    Section 44807 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or chapter 447'' after ``this 
                chapter'';
                    (B) by striking ``the Secretary of Transportation'' 
                and inserting ``the Administrator of the Federal 
                Aviation Administration''; and
                    (C) by striking ``if certain'' and inserting 
                ``how'';
            (2) in subsection (b)--
                    (A) by striking ``the Secretary'' and inserting 
                ``the Administrator''; and
                    (B) in paragraph (1)--
                            (i) by striking ``which types of unmanned 
                        aircraft systems, if any, as a result of their 
                        size'' and inserting ``how the unmanned 
                        aircraft, as a result of such aircraft's 
                        size''; and
                            (ii) by striking ``do not create'' and 
                        inserting ``does not create'';
            (3) in subsection (c) to read as follows:
    ``(c) Requirements for Safe Operation.--
            ``(1) In general.--For unmanned aircraft systems that the 
        Administrator determines under this section may operate safely 
        in the national airspace system, the Administrator shall 
        establish requirements, or a process to accept proposed 
        requirements, for the safe operation of such aircraft systems 
        in the national airspace system, including operation related to 
        testing and evaluation of proprietary systems.
            ``(2) Treatment of mitigation measures.--To the extent that 
        a proposed operation will be conducted exclusively within the 
        airspace of a Mode C Veil during the entirety of the operation, 
        such operation shall be treated as satisfying the requirements 
        of section 91.113(b) of title 14, Code of Federal Regulations, 
        so long as the operation employs--
                    ``(A) ADS-B In-based detect and avoid capabilities;
                    ``(B) air traffic control communication and 
                coordination; and
                    ``(C) aeronautical information management systems 
                to notify other aircraft operators of such operations.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to give an unmanned aircraft operating 
        pursuant to this section the right of way over a manned 
        aircraft.'';
            (4) in subsection (d) by striking ``2023'' and inserting 
        ``2033''; and
            (5) by adding at the end the following:
    ``(e) Limitation.--In making determinations under this section, the 
Administrator may not consider unmanned aircraft systems to the extent 
that such systems may meet the requirements of established regulations 
applicable to the proposed operation of a system.''.
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