Relating to the operation of unmanned aircraft systems by owners and operators of critical infrastructure.

SA 3492. Mr. INHOFE (for himself, Mr. Booker, Ms. Heitkamp, and Mr.
Whitehouse) submitted an amendment intended to be proposed by him to
the bill H.R. 636, to amend the Internal Revenue Code of 1986 to
permanently extend increased expensing limitations, and for other
purposes; which was ordered to lie on the table; as follows:

On page 84, between lines 10 and 11, insert the following:
``(f) Operation by Owners and Operators of Critical
Infrastructure.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Secretary of Transportation
shall establish a process under the authority of this
section, or a process under this subsection, pursuant to
which a covered person may operate an unmanned aircraft
system to conduct activities described in paragraph (2)--
``(A) beyond the visual line of sight of the individual
operating the unmanned aircraft system; and
``(B) without any restriction on the time of the operation.
``(2) Activities described.--The activities described in
this paragraph that a covered

[[Page S1762]]

person may use an unmanned aircraft system to conduct are the
following:
``(A) Activities for which compliance with current law or
regulation can be accomplished by the use of manned aircraft,
including--
``(i) conducting activities to ensure compliance with
Federal or State regulatory, permit, or other requirements,
including to conduct surveys associated with applications for
permits for new pipeline or pipeline systems construction or
maintenance or rehabilitation of existing pipelines or
pipeline systems; or
``(ii) conducting activities relating to ensuring
compliance with--

``(I) the requirements of part 192 or 195 of title 49, Code
of Federal Regulations; or
``(II) any Federal, State, or local governmental or
regulatory body or industry best practice pertaining to the
construction, ownership, operation, maintenance, repair, or
replacement of covered facilities.

``(B) Activities to inspect, repair, construct, maintain,
or protect covered facilities, including to respond to a
pipeline, pipeline system, or electric energy infrastructure
incident, or in response to or in preparation for a natural
disaster, man-made disaster, severe weather event, or other
incident beyond the control of the covered person that may
cause material damage to a covered facility.
``(C) Activities not described in subparagraph (A) or (B)
if the covered person notifies the local Flight Standards
District Office before the operation of the unmanned aircraft
system for such activities.
``(3) Definitions.--In this subsection:
``(A) Covered facility.--The term `covered facility' means
a pipeline, pipeline system, electric energy generation,
transmission, or distribution facility (including renewable
electric energy), oil or gas production, refining, or
processing facility, or other critical infrastructure.
``(B) Covered person.--The term `covered person' means a
person that--
``(i) owns or operates a covered facility;
``(ii) is the sponsor of a covered facility project;
``(iii) is an association of persons described by clause
(i) or (ii) and is seeking programmatic approval for an
activity in accordance with this subsection; or
``(iv) is an agent of any person described in clause (i),
(ii), or (iii).
``(C) Critical infrastructure.--The term `critical
infrastructure' has the meaning given that term in section
2339D of title 18.''.
______