[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2626 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 2626
To authorize the operation of unmanned aircraft systems by institutions
of higher education for educational and research purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2016
Mr. Peters (for himself and Mr. Moran) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To authorize the operation of unmanned aircraft systems by institutions
of higher education for educational and research 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 ``Higher Education Unmanned Aircraft
Systems Modernization Act''.
SEC. 2. OPERATION OF UNMANNED AIRCRAFT SYSTEMS FOR EDUCATIONAL AND
RESEARCH PURPOSES.
(a) In General.--Subtitle B of title III of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is
amended by adding at the end the following:
``SEC. 337. OPERATION OF UNMANNED AIRCRAFT SYSTEMS FOR EDUCATIONAL AND
RESEARCH PURPOSES.
``(a) In General.--Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems into the
plans and policies of the Federal Aviation Administration, including
this subtitle and any regulations, policies, advisory circulars, or
other materials promulgated by the Federal Aviation Administration
before, on, or after the date of the enactment of this section, an
institution of higher education may, within the United States, operate
an unmanned aircraft system without the specific approval of the
Federal Aviation Administration, and without registering the unmanned
aircraft system with the Federal Aviation Administration, if the
operation of that unmanned aircraft system meets the requirements of
subsection (b).
``(b) Requirements.--The operation of an unmanned aircraft system
by an institution of higher education meets the requirements of this
subsection if--
``(1) the institution has established and adopted a policy
relating to unmanned aircraft systems to ensure safe operation
of such systems, which may be a policy of more general
applicability in effect before the date of the enactment of
this section, but that shall include--
``(A) designation of a point of contact at the
institution for review and approval of operations of
unmanned aircraft systems by the institution; and
``(B) the requirement that operations of unmanned
aircraft systems by the institution be conducted under
the supervision of an operator in command;
``(2) the point of contact for the institution designated
pursuant to paragraph (1)(A) has--
``(A) been notified of the proposed operation of
the unmanned aircraft system;
``(B) confirmed that the proposed operation is for
educational or research purposes;
``(C) confirmed that the proposed operation is in
accordance with all applicable policies of the
institution of higher education, including any
applicable policies regarding--
``(i) safety;
``(ii) training or supervision
requirements;
``(iii) privacy; or
``(iv) any requirements to provide notice
to or obtain the permission of the institution
before conducting the proposed operation;
``(D) confirmed that the unmanned aircraft system
will be operated under the supervision of an operator
in command, who--
``(i) is trained in the safe operation of
the unmanned aircraft system;
``(ii) will be present during the entire
operation of the unmanned aircraft system;
``(iii) is prepared and able to take
immediate control of the unmanned aircraft
system;
``(iv) has full authority over, and
responsibility for, the safety of the operation
of the unmanned aircraft system; and
``(v) is responsible for ensuring that the
individuals who will operate the unmanned
aircraft system under the supervision of the
operator in command have received proper
training in the safe operation of the unmanned
aircraft system;
``(3) the unmanned aircraft system--
``(A) is operated not higher than 400 feet above
ground level;
``(B) is operated in a manner that will not create
a hazard to persons or property;
``(C) is, if capable of sustained flight, marked
with the identification and contact information of the
owner;
``(D) does not survey, create a nuisance on, or
overfly private property without the permission of the
owner of the private property;
``(E) gives right of way to, and avoids flying in
the proximity of, full-scale aircraft;
``(F) is operated at a site that is of sufficient
distance from populated areas to protect the safety of
persons and property; and
``(4) the institution of higher education notifies and
obtains permission from air traffic control or, for small
facilities, the airport manager, when the unmanned aircraft
system will be operated within--
``(A) 5 statute miles of an airport around which
the airspace is designated as class B or class C
airspace under part 71 of title 14, Code of Federal
Regulations;
``(B) 2 statute miles of any other airport or
heliport; or
``(C) airspace designated as restricted or
prohibited under part 73 of such title.
``(c) Form of Notifications and Permission.--The notifications and
permission required under subsection (b)(4) may, if agreed to by the
institution of higher education and air traffic control or the airport
or heliport manager, as appropriate, be in the form of a written
communication, to occur not less frequently than annually, regarding
the locations and conditions for any intended operation of unmanned
aircraft systems under this section.
``(d) Reporting of Incidents Involving Personal Injury or Property
Damage.--If an unmanned aircraft system operated by an institution of
higher education pursuant to this section is involved in any incident
resulting in personal injury or property damage (other than to the
unmanned aircraft system, to property of the institution, or to
individuals directly involved in the operation of the unmanned aircraft
system), the point of contact designated pursuant to subsection
(b)(1)(A) shall report the incident to the Federal Aviation
Administration not later than 10 days after the incident.
``(e) Definitions.--In this section:
``(1) Educational or research purposes.--The term
`educational or research purposes', with respect to the
operation of an unmanned aircraft system by an institution of
higher education, includes--
``(A) instruction of students at the institution;
``(B) activities of student organizations
recognized by or registered with the institution; and
``(C) activities undertaken by the institution as
part of research projects, including research projects
sponsored by the Federal Government.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).''.
(b) Clerical Amendment.--The table of contents for the FAA
Modernization and Reform Act of 2012 is amended by inserting after the
item relating to section 336 the following:
``Sec. 337. Operation of unmanned aircraft systems for educational and
research purposes.''.
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