[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 157 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 157
To prevent the misuse of drones, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Grassley (for himself, Mr. Kelly, Mr. Cassidy, Ms. Cortez Masto,
Ms. Hassan, and Mrs. Feinstein) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent the misuse of drones, 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 Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) drone technology has the potential to revolutionize
commerce, military operations, law enforcement, and various
industries, as well as recreation in general;
(2) drone technology also presents a potential danger to
public safety and national security;
(3) drone technology is increasingly being used by drug
trafficking and human trafficking organizations at the southern
border--
(A) to assist in smuggling into the United States
high-value items;
(B) for conducting reconnaissance; and
(C) even as offensive weapons against competing
criminal organizations;
(4) drone technology has been used to deliver into Federal
correctional centers contraband such as cell phones, wire
cutters, screwdrivers, and hacksaws;
(5) there were 875 drone sightings in restricted airport
airspace in 2020, and 766 such sightings in the first half of
2021, including 36 such sightings in the vicinities of runways;
and
(6) while existing Federal law includes some criminal
provisions relating to misuse of drones, those provisions are
fragmentary in nature and therefore fail to restrain and deter
the most serious drone-related crimes.
SEC. 3. DRONE OFFENSES.
Part I of title 18, United States Code, is amended--
(1) in section 39B(a)--
(A) in paragraph (1)--
(i) by striking ``operation of, an
aircraft'' and inserting the following:
``operation of--
``(A) an aircraft'';
(ii) by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(B) a vessel of the United States, or a vessel
subject to the jurisdiction of the United States, as
those terms are defined in section 70502 of title 46,
carrying 1 or more occupants, in a manner that poses an
imminent safety hazard to such occupants, shall be
punished as provided in subsection (c);
``(C) a motor vehicle that is used, operated, or
employed in interstate or foreign commerce and is
carrying 1 or more occupants, in a manner that poses an
imminent safety hazard to such occupants, shall be
punished as provided in subsection (c); or
``(D) a vehicle used or designed for flight or
navigation in space described in section 7(6), shall be
punished as provided in subsection (c).''; and
(B) in paragraph (2)--
(i) by striking ``operation of, an
aircraft'' and inserting the following:
``operation of--
``(A) an aircraft'';
(ii) by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(B) a vessel of the United States, or a vessel
subject to the jurisdiction of the United States, as
those terms are defined in section 70502 of title 46,
carrying 1 or more occupants, in a manner that poses an
imminent safety hazard to such occupants, shall be
punished as provided in subsection (c);
``(C) a motor vehicle that is used, operated, or
employed in interstate or foreign commerce and is
carrying 1 or more occupants, in a manner that poses an
imminent safety hazard to such occupants, shall be
punished as provided in subsection (c); or
``(D) a vehicle used or designed for flight or
navigation in space described in section 7(6), shall be
punished as provided in subsection (c).'';
(2) in section 40A--
(A) in the heading, by striking ``Operation of
unauthorized unmanned aircraft over wildfires'' and
inserting ``Interference by unauthorized unmanned
aircraft with law enforcement, emergency response, and
military activities''; and
(B) in subsection (a)--
(i) by striking ``operates an unmanned
aircraft and knowingly or recklessly'' and
inserting the following: ``operates an unmanned
aircraft and--
``(1) knowingly or recklessly'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(2) knowingly or recklessly interferes with a law
enforcement, emergency response, or military operation or
activity of a unit or agency of the United States Government or
of a State, tribal, or local government (other than a wildfire
suppression or law enforcement or emergency response efforts
related to a wildfire suppression) shall be fined under this
title, imprisoned for not more than 2 years, or both.'';
(3) by inserting after section 40A the following:
``Sec. 40B. Misuse of unmanned aircraft
``(a) Definitions.--In this section--
``(1) the term `aircraft', notwithstanding section
31(a)(1), means any device, craft, vehicle, or contrivance that
is--
``(A) invented, used, or designed to navigate, fly,
or travel in the air; or
``(B) used or intended to be used for flight in the
air;
``(2) the term `airport' has the meaning given the term in
section 40102(a)(9) of title 49;
``(3) the term `contraband' has the meaning given the term
in section 80302(a) of title 49;
``(4) the term `dangerous weapon' has the meaning given the
term in section 930;
``(5) the term `explosive' means any thing within the scope
of the definition of `explosive materials' in section 841;
``(6) the term `firearm' has the meaning given the term in
section 921;
``(7) the term `Federal law' includes any form of Federal
law, including any Federal statute, rule, regulation, or order;
``(8) the term `personnel of the United States' means any
Federal officer, employee, or contractor, or any person
assisting such an officer, employee, or contractor in the
performance of duties;
``(9) the terms `prison' and `prohibited object' have the
meanings given those terms in section 1791;
``(10) the term `restricted electromagnetic weapon' means
any type of device, instrument, technology, or contrivance
that--
``(A) can generate or emit electromagnetic
radiation or fields that are capable of jamming,
disrupting, degrading, damaging, or interfering with
the operation of any technological or electronic asset,
system, network, or infrastructure, or any component or
subcomponent thereof; and
``(B) is classified as a restricted electromagnetic
weapon by the Attorney General, in consultation with
the Secretary of Defense;
``(11) the term `serious bodily injury' has the meaning
given the term in section 1365;
``(12) the term `United States corporation or legal entity'
means any corporation or other entity organized under the laws
of the United States or any State;
``(13) the term `unmanned aircraft' has the meaning given
the term in section 44801 of title 49;
``(14) the term `vessel' means any craft or contrivance
used, capable of being used, or designed to be used for
transportation in, on, or through water; and
``(15) the term `weapon of mass destruction' has the
meaning given the term in section 2332a.
``(b) Offenses.--
``(1) Weaponization.--It shall be unlawful, in a
circumstance described in subsection (c), to knowingly--
``(A) equip or arm an unmanned aircraft with a
firearm, explosive, dangerous weapon, restricted
electromagnetic weapon, or weapon of mass destruction;
``(B) possess, receive, transfer, operate, or
produce an unmanned aircraft that is equipped or armed
with a firearm, explosive, dangerous weapon, restricted
electromagnetic weapon, or weapon of mass destruction;
``(C) discharge or deploy a firearm, explosive,
dangerous weapon, restricted electromagnetic weapon, or
weapon of mass destruction using an unmanned aircraft;
or
``(D) use an unmanned aircraft to cause--
``(i) serious bodily injury or death to a
person; or
``(ii) damage to--
``(I) property in an amount that
exceeds $5,000; or
``(II) critical infrastructure (as
defined in section 1016 of the USA
PATRIOT Act (42 U.S.C. 5195c)).
``(2) 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 1 year under a law of the United
States or a State, if Federal law requires that the aircraft be
registered and the aircraft is not registered.
``(3) Impairment of identification or lighting.--It shall
be unlawful to, in violation of Federal law, knowingly and
willfully--
``(A) remove, obliterate, tamper with, or alter the
identification number of the unmanned aircraft;
``(B) disable or fail to effect any required
identification transmission or signaling of the
unmanned aircraft; or
``(C) disable or obscure any required anti-
collision lighting of the unmanned aircraft or fail to
have or illuminate such lighting as required.
``(4) Intrusion on protected spaces.--It shall be unlawful
for any person, knowing that the conduct of the person is
unlawful, to--
``(A) operate an unmanned aircraft in any airspace,
or cause the takeoff or landing of an unmanned aircraft
in any place, in violation of Federal law, including
all applicable rules, regulations, and orders of the
Federal Aviation Administration and the Department of
Homeland Security; or
``(B) operate an unmanned aircraft across a border
of the United States or its territories or possessions
without complying with the requirements of Federal law,
including all applicable rules, regulations, and orders
of the Federal Aviation Administration and the
Department of Homeland Security.
``(5) Transportation of contraband.--It shall be unlawful
to knowingly use an unmanned aircraft to--
``(A) transport contraband; or
``(B) introduce a prohibited object into a prison.
``(c) Circumstances.--The circumstances described in this
subsection are that the offense--
``(1) is an offense under paragraph (2), (3), (4), or (5)
of subsection (b);
``(2) involves an unmanned aircraft, firearm, explosive,
dangerous weapon, restricted electromagnetic weapon, weapon of
mass destruction, or ammunition that has moved at any time in
interstate or foreign commerce;
``(3) occurs in or affects interstate or foreign commerce;
``(4) involves the movement of any person or thing in, or
use of any means or instrumentality of, interstate or foreign
commerce;
``(5) involves--
``(A) any use of the electromagnetic spectrum that
is subject to the jurisdiction of the Federal
Communications Commission or the National
Telecommunications and Information Administration; or
``(B) any aircraft or airspace use that is subject
to the jurisdiction of the Federal Aviation
Administration;
``(6) is committed, whether within or outside of the United
States, against--
``(A) the United States or any department, agency,
property, activity, or personnel of the United States;
or
``(B) an aircraft in the special aircraft
jurisdiction of the United States (as defined in
section 46501 of title 49);
``(7) is committed outside of the United States against any
United States national, United States corporation or legal
entity, aircraft registered under United States law, or vessel
of the United States or vessel subject to the jurisdiction of
the United States (as those terms are defined in section 70502
of title 46); or
``(8) is committed in the special maritime and territorial
jurisdiction of the United States.
``(d) Penalties.--Any person who violates subsection (b)--
``(1) in the case of a violation of paragraph (2), (3), or
(4) of that subsection, shall be imprisoned for not more than 5
years, fined under this title, or both;
``(2) in the case of a violation of paragraph (1)(A),
(1)(B), (1)(C), or (5) of that subsection, shall be imprisoned
for not more than 10 years, fined under this title, or both;
``(3) subject to paragraph (4) of this subsection, in the
case of a violation of paragraph (1)(D) of that subsection,
shall be imprisoned for not more than 20 years, fined under
this title, or both; and
``(4) in the case of a violation of any paragraph of that
subsection, if death results, shall be sentenced to death or
imprisoned for any term of years or for life, fined under this
title, or both.
``(e) Inchoate Offenses.--
``(1) In general.--Whoever threatens, attempts, or
conspires to commit an offense under subsection (b) shall be
subject to the same punishment under subsection (d) as for a
completed offense.
``(2) Federal jurisdiction.--In the case of a threat,
attempt, or conspiracy to commit an offense under subsection
(b), the requirement that a circumstance described in
subsection (c) exists shall be satisfied if any of the
circumstances described in that subsection would have existed
had the offense been carried out.
``(f) Exceptions.--
``(1) Government-authorized conduct.--Subsection (b) shall
not apply to conduct by or under the authority of, authorized
by, or pursuant to a contract with, the United States or a
State, Tribal, or local government, or any department or agency
of the United States or a State, Tribal, or local government.
``(2) Weaponization for authorized or licensed
activities.--Subsection (b)(1), as that subsection applies to
firearms, explosives, and other dangerous weapons, shall not
apply to--
``(A) conduct related to avalanche mitigation; or
``(B) any other conduct in which the use of the
firearm, explosive, or dangerous weapon is licensed or
otherwise permitted for the mitigation of dangers
associated with hazardous environments.
``(3) Authorized property damage.--Subsection (b)(1)(D)
shall not apply to conduct consisting of injury to property, if
engaged in by or with the authorization or consent of the owner
of the property, including in any consensual competition in
which unmanned aircraft are deployed against each other.'';
(4) in the chapter analysis for chapter 2, by striking the
item relating to section 40A and inserting the following:
``40A. Interference by unauthorized unmanned aircraft with law
enforcement, emergency response, and
military activities.
``40B. Misuse of unmanned aircraft.'';
(5) in section 982(a)(6)(A), by inserting ``39B (relating
to unsafe operation of unmanned aircraft), 40A (relating to
interference by unauthorized unmanned aircraft with law
enforcement, emergency response, and military activities), 40B
(relating to misuse of unmanned aircraft),'' before ``555'';
(6) in section 2332b(g)(5)(B), by inserting ``40B(b)(1)
(relating to weaponization of unmanned aircraft),'' before
``81''; and
(7) in section 2516(1)(c), by inserting ``section 39B
(relating to unsafe operation of unmanned aircraft), section
40A (relating to interference by unauthorized unmanned aircraft
with law enforcement, emergency response, and military
activities), section 40B (relating to misuse of unmanned
aircraft),'' before ``section 43''.
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