Editorial Notes
References in Text
The Federal Advisory Committee Act, referred to in subsec. (b)(3), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
The Aircraft Sabotage Act, referred to in subsec. (g), is part B (§§ 2011–2015) of chapter XX of title II of Pub. L. 98–473, Oct. 12, 1984, 98 Stat. 2187. Section 2013(b) of the Act generally amended section 32 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 31 of Title 18 and Tables.
The Computer Fraud and Abuse Act of 1986, referred to in subsec. (g), is Pub. L. 99–474, § 1, Oct. 16, 1986, 100 Stat. 1213, which amended section 1030 of Title 18, Crimes and Criminal Procedure. Section 1031 of Title 18 was enacted by Pub. L. 100–700, known as the Major Fraud Act of 1988.
Amendments
2024—Subsec. (c). Pub. L. 118–63, § 904(1), inserted “, and any other location the Administrator determines appropriate” after “Data”.
Subsec. (h). Pub. L. 118–63, § 904(2), substituted “September 30, 2028” for “May 10, 2024”.
Pub. L. 118–41 substituted “May 10, 2024” for “March 8, 2024”.
2023—Subsec. (h). Pub. L. 118–34 substituted “March 8, 2024” for “December 31, 2023”.
Pub. L. 118–15 substituted “December 31, 2023” for “September 30, 2023”.
Statutory Notes and Related Subsidiaries
Cooperation Related to Certain Counter-UAS Technology
Pub. L. 115–254, div. B, title III, § 365, Oct. 5, 2018, 132 Stat. 3310, provided that:
“In matters relating to the use of systems in the national airspace system intended to mitigate threats posed by errant or hostile
unmanned aircraft system operations, the Secretary of Transportation shall consult with the
Secretary of Defense to streamline deployment of such systems by drawing upon the expertise and experience of the
Department of Defense in acquiring and operating such systems consistent with the safe and efficient operation of the national airspace system.”
Enforcement
Pub. L. 115–254, div. B, title III, § 372, Oct. 5, 2018, 132 Stat. 3312, as amended by Pub. L. 118–15, div. B, title II, § 2202(q), Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, § 102(q), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, § 102(q), Mar. 8, 2024, 138 Stat. 22, provided that:
“(a) UAS Safety Enforcement.—
The Administrator of the
Federal Aviation Administration shall establish a pilot program to utilize available remote detection or identification technologies for safety oversight, including enforcement actions against operators of
unmanned aircraft systems that are not in compliance with applicable Federal aviation laws, including regulations.
“(b) Reporting.—
As part of the pilot program, the Administrator shall establish and publicize a mechanism for the public and Federal, State, and local law enforcement to report suspected operation of
unmanned aircraft in violation of applicable Federal laws and regulations.
“(c) Report to Congress.—Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018 [Oct. 5, 2018], and annually thereafter through the duration of the pilot program established in subsection (a), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the following:
“(1)
The number of unauthorized
unmanned aircraft operations detected in restricted airspace, including in and around
airports, together with a description of such operations.
“(2)
The number of enforcement cases brought by the
Federal Aviation Administration or other Federal agencies for unauthorized operation of
unmanned aircraft detected through the program, together with a description of such cases.
“(3)
Recommendations for safety and operational standards for
unmanned aircraft detection and mitigation systems.
“(4)
Recommendations for any legislative or regulatory changes related to mitigation or detection or identification of
unmanned aircraft systems.
“(d) Sunset.—
The pilot program established in subsection (a) shall terminate on May 10, 2024.
“(f) Rule of Construction.—
Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action for a violation of this subtitle or any other applicable provision of aviation safety law or regulation using remote detection or identification or other technology following the sunset of the pilot program.”