HR5879-118

1. Short title This Act may be cited as the Drone Research and Innovation for Law Enforcement Act of 2023.

2. Small unmanned aircraft pilot research for public safety Chapter 448 of title 49, United States Code, is amended by adding at the end the following: The prohibition regarding unmanned aircraft armed with dangerous weapons under section 363 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note) is reaffirmed. Not later than 3 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall initiate a pilot research program to study the potential use of non-lethal de-escalation unmanned aircraft by law enforcement agencies. The study required under subsection (b) shall address— the process of assessing and validating conducted energy devices or other non-lethal de-escalation equipment that may be attached to unmanned aircraft; training protocols for law enforcement and agents of the Administration; and operational and safety protocols for operators of non-lethal de-escalation unmanned aircraft and agencies directly overseeing the operation of such unmanned aircraft. The Administrator shall enter into interagency agreements with the Departments of Justice, Department of Homeland Security, and State large metropolitan and rural law enforcement agencies with regard to the pilot research program established under this subsection. The Administrator shall designate the Center of Excellence for Unmanned Aerial Systems designated under section 44814, in collaboration with Federal, State, and large metropolitan law enforcement as well as rural law enforcement training facilities, as the location for such program. The Administrator shall solicit input from, and coordinate with, relevant stakeholders as appropriate in carrying out the pilot research program established under this subsection. Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation a report on the results of the pilot research program that includes a plan outlining a proposed process through which a law enforcement applicant to such program may seek permission from the Administrator to operate non-lethal de-escalation unmanned aircraft. Not later than 90 days after submitting the report set required under subsection (b)(5), the Administrator shall initiate a rulemaking to create a process through which the Administrator may provide approval to operate non-lethal de-escalation unmanned aircraft. Any non-lethal de-escalation unmanned aircraft used under the pilot research program may be manufactured in the United States, as defined by the Federal Trade Commission under part 323 of title 16, Code of Federal Regulations. In this section: The term non-lethal de-escalation un- manned aircraft means an unmanned aircraft equipped with 1 or more non-lethal weapons or devices that is— used by law enforcement personnel in scenarios that present significant risk to human life, including the life of law enforcement personnel, captives, uninvolved individuals, the public, or a suspected criminal; and in which the suspected criminal is in an position through which he or she could potentially escalate the situation and expose human life to a high level of risk. The term non-lethal weapon has the meaning given the term in used in DOD Directive Number 300.03E, issued on August 31, 2018, by the Department of Defense. The analysis for chapter 448 of title 49, United States Code, is amended by adding at the end the following: 44811.Small unmanned aircraft pilot research for public safety(a)Prohibition regarding weaponsThe prohibition regarding unmanned aircraft armed with dangerous weapons under section 363 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note) is reaffirmed.(b)Pilot research program(1)In generalNot later than 3 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall initiate a pilot research program to study the potential use of non-lethal de-escalation unmanned aircraft by law enforcement agencies.(2)ContentsThe study required under subsection (b) shall address—(A)the process of assessing and validating conducted energy devices or other non-lethal de-escalation equipment that may be attached to unmanned aircraft;(B)training protocols for law enforcement and agents of the Administration; and(C)operational and safety protocols for operators of non-lethal de-escalation unmanned aircraft and agencies directly overseeing the operation of such unmanned aircraft.(3)PartnershipsThe Administrator shall enter into interagency agreements with the Departments of Justice, Department of Homeland Security, and State large metropolitan and rural law enforcement agencies with regard to the pilot research program established under this subsection. The Administrator shall designate the Center of Excellence for Unmanned Aerial Systems designated under section 44814, in collaboration with Federal, State, and large metropolitan law enforcement as well as rural law enforcement training facilities, as the location for such program.(4)ConsultationThe Administrator shall solicit input from, and coordinate with, relevant stakeholders as appropriate in carrying out the pilot research program established under this subsection.(5)ReportNot later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation a report on the results of the pilot research program that includes a plan outlining a proposed process through which a law enforcement applicant to such program may seek permission from the Administrator to operate non-lethal de-escalation unmanned aircraft.(c)RulemakingNot later than 90 days after submitting the report set required under subsection (b)(5), the Administrator shall initiate a rulemaking to create a process through which the Administrator may provide approval to operate non-lethal de-escalation unmanned aircraft.(d)Manufacturing requirementAny non-lethal de-escalation unmanned aircraft used under the pilot research program may be manufactured in the United States, as defined by the Federal Trade Commission under part 323 of title 16, Code of Federal Regulations.(e)Definitions of non-Lethal de-Escalation unmanned aircraftIn this section:(1)Non-lethal de-escalation unmanned aircraftThe term non-lethal de-escalation un- manned aircraft means an unmanned aircraft equipped with 1 or more non-lethal weapons or devices that is—(A)used by law enforcement personnel in scenarios that present significant risk to human life, including the life of law enforcement personnel, captives, uninvolved individuals, the public, or a suspected criminal; and(B)in which the suspected criminal is in an position through which he or she could potentially escalate the situation and expose human life to a high level of risk.(2)Non-lethal weaponThe term non-lethal weapon has the meaning given the term in used in DOD Directive Number 300.03E, issued on August 31, 2018, by the Department of Defense.. ‘44811. Small unmanned aircraft pilot research for public safety..

44811. Small unmanned aircraft pilot research for public safety The prohibition regarding unmanned aircraft armed with dangerous weapons under section 363 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note) is reaffirmed. Not later than 3 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall initiate a pilot research program to study the potential use of non-lethal de-escalation unmanned aircraft by law enforcement agencies. The study required under subsection (b) shall address— the process of assessing and validating conducted energy devices or other non-lethal de-escalation equipment that may be attached to unmanned aircraft; training protocols for law enforcement and agents of the Administration; and operational and safety protocols for operators of non-lethal de-escalation unmanned aircraft and agencies directly overseeing the operation of such unmanned aircraft. The Administrator shall enter into interagency agreements with the Departments of Justice, Department of Homeland Security, and State large metropolitan and rural law enforcement agencies with regard to the pilot research program established under this subsection. The Administrator shall designate the Center of Excellence for Unmanned Aerial Systems designated under section 44814, in collaboration with Federal, State, and large metropolitan law enforcement as well as rural law enforcement training facilities, as the location for such program. The Administrator shall solicit input from, and coordinate with, relevant stakeholders as appropriate in carrying out the pilot research program established under this subsection. Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation a report on the results of the pilot research program that includes a plan outlining a proposed process through which a law enforcement applicant to such program may seek permission from the Administrator to operate non-lethal de-escalation unmanned aircraft. Not later than 90 days after submitting the report set required under subsection (b)(5), the Administrator shall initiate a rulemaking to create a process through which the Administrator may provide approval to operate non-lethal de-escalation unmanned aircraft. Any non-lethal de-escalation unmanned aircraft used under the pilot research program may be manufactured in the United States, as defined by the Federal Trade Commission under part 323 of title 16, Code of Federal Regulations. In this section: The term non-lethal de-escalation un- manned aircraft means an unmanned aircraft equipped with 1 or more non-lethal weapons or devices that is— used by law enforcement personnel in scenarios that present significant risk to human life, including the life of law enforcement personnel, captives, uninvolved individuals, the public, or a suspected criminal; and in which the suspected criminal is in an position through which he or she could potentially escalate the situation and expose human life to a high level of risk. The term non-lethal weapon has the meaning given the term in used in DOD Directive Number 300.03E, issued on August 31, 2018, by the Department of Defense.