What This Bill Does
This bill changes federal rules to allow first responders (police, firefighters, search and rescue teams, and public safety workers) to operate certain types of drones called "actively tethered unmanned aircraft systems." These are drones that stay connected to the ground by a cable or tether. The bill makes it legal for emergency service organizations to use these drones during emergencies, even in areas where drones are normally restricted.
Who It Affects
Fire departments, police departments, search and rescue organizations, and public safety organizations that provide emergency services or training. Any entity that contracts with state or local governments to provide these services is also included.
Key Provisions
• Actively tethered unmanned aircraft systems must have backup flight controls that allow the drone to keep flying normally if one rotor or flight mechanism fails during flight (Sec. 2)
• Actively tethered unmanned aircraft systems must be programmed to automatically land in a controlled way if the tether separates from the drone (Sec. 2)
• During emergency response situations, first responders can operate these drones at least 0.25 miles away from airports if the drone is not in an airplane's approach or departure path (Sec. 3)
• During emergency response situations, first responders can operate these drones at least 0.5 miles away from airports if the drone is in an airplane's approach or departure path (Sec. 3)
• First responders can operate these drones closer than normally allowed to airports if air traffic control personnel at that airport approve it (Sec. 3)
What Changes
The Federal Aviation Administration will issue official guidance (written instructions) within 90 days after this law passes on how to carry out these new rules.
Important Definitions
• Emergency Response Situation: Any situation that requires a response by an emergency service organization
• Emergency Service Organization: Any entity, including ones that contract with state or local governments, that provides emergency services or training for emergency service providers
• Public Actively Tethered Unmanned Aircraft System: A tethered drone operated by an emergency service organization
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1192
To amend title 49, United States Code, to permit the operation of actively
tethered unmanned aircraft systems by all first responders, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 2023
Mr. NEHLS (for himself, Mr. STANTON, and Mr. WILLIAMS of New York) in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to permit the oper-
ation of actively tethered unmanned aircraft systems by
all first responders, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘First Responders Aer-
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ial Act of 2023’’.
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SEC. 2. DEFINITION OF ACTIVELY TETHERED UNMANNED
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AIRCRAFT SYSTEMS.
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Section 44801(1) of title 49, United States Code, is
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amended—
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•HR 1192 IH
(1) in subparagraph (B) by striking ‘‘and’’ at
1
the end;
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(2) in subparagraph (C) by striking the period
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at the end and inserting a semicolon; and
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(3) by adding at the end the following:
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‘‘(D) has redundant flight functionality
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which permits the unmanned aircraft compo-
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nent to maintain normal flight control in the
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event that a rotor or flight mechanism fails
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during flight; and
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‘‘(E) is programed to initiate a controlled
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landing in the event of a tether separation.’’.
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SEC. 3. OPERATION OF PUBLIC ACTIVELY TETHERED UN-
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MANNED AIRCRAFT SYSTEMS.
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(a) IN GENERAL.—Section 44806(c) of title 49,
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United States Code, is amended—
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(1) in paragraph (1)(B)—
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(A) in clause (i) by striking ‘‘or’’ at the
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end;
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(B) in clause (ii) by inserting ‘‘or’’ at the
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end; and
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(C) by adding at the end the following:
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‘‘(iii) in an emergency response situa-
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tion—
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•HR 1192 IH
‘‘(I) at least a 0.25 mile radius
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away from an airport, if such systems
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are not operating in the approach or
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departure flight path for a runway at
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such airport;
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‘‘(II) at least a 0.5 mile radius
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away from an airport, if such systems
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are operating in the approach or de-
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parture flight path for a runway at an
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airport; or
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‘‘(III) with approval of air traffic
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control personnel for an airport if
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such systems are operating closer to
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an airport than permitted under sub-
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clauses (I) and (II);’’; and
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(2) by adding at the end the following:
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‘‘(5) DEFINITIONS.—In this subsection:
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‘‘(A)
EMERGENCY
RESPONSE
SITUA-
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TION.—The term ‘emergency response situa-
19
tion’ means any situation that requires a re-
20
sponse by an emergency service organization.
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‘‘(B) EMERGENCY
SERVICE
ORGANIZA-
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TION.—The term ‘emergency service organiza-
23
tion’ means any entity, including an entity con-
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tracting with a State or local government, that
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•HR 1192 IH
provides emergency services or training for
1
emergency service providers, including—
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‘‘(i) a fire department;
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‘‘(ii) a police department;
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‘‘(iii) a search and rescue organiza-
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tion; and
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‘‘(iv) a public safety organization.
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‘‘(C) PUBLIC
ACTIVELY
TETHERED
UN-
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MANNED AIRCRAFT SYSTEM.—The term ‘public
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actively tethered unmanned aircraft system’
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means an actively tethered unmanned aircraft
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system that is—
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‘‘(i) a public unmanned aircraft sys-
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tem; and
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‘‘(ii) operated by an emergency service
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organization.’’.
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(b) AGENCY GUIDANCE.—Not later than 90 days
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after the date of enactment of this Act, the Administrator
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of the Federal Aviation Administration shall issue guid-
19
ance on the implementation of the amendments made by
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this section.
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Æ
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