[Congressional Record Volume 161, Number 98 (Thursday, June 18, 2015)]
[Senate]
[Pages S4300-S4302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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By Mrs. FEINSTEIN (for herself and Mr. Schumer):
S. 1608. A bill to protect the safety of the national airspace system
from the hazardous operation of consumer drones, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Consumer
Drone Safety Act.
In recent years, privately-operated unmanned aircraft have grown in
popularity and capability. In many ways, this is brand new technology.
It is worrisome that these new drones, which are capable of flying
thousands of feet in the air and at speeds in excess of 30 miles per
hour, are available commercially to completely untrained consumers.
This combination of advanced new technology and broad availability
has resulted in a rising number of reports of dangerous operations and
narrowly avoided mid-air collisions between drones and passenger
planes.
Our airports, pilots and travelers deserve meaningful safety
protections, as do the people on the ground, in our stadiums and on our
highways.
If we don't act, it's only a matter of time before we have a tragedy
on our hands.
The Consumer Drone Safety Act would put in place common-sense safety
precautions to minimize the risk of disaster.
As with any new technology, drones have attracted significant
interest and have promising commercial uses, including package
delivery, search and rescue, pipeline inspection, and agriculture.
I agree that the possibilities for this technology are promising, if
properly managed. That is why I support research to make sure that the
technology is safe and can be used in ways that respect people's
privacy.
But there is no question that the technology comes with great risks,
and its potential will never be developed if there is a big aircraft
disaster.
What if, for example, a drone accidentally flew into a jet engine and
brought down a commercial airliner? What if an airliner, having been
hit by a drone on approach to a major airport like JFK or LAX, crashes
in an urban area?
Safety must come first.
In the last year, unlawful drone use has proliferated and it's clear
that there is a high risk to public safety.
In July of 2014, following an expose by Craig Whitlock of the
Washington Post, I wrote to the Federal Aviation Administration asking
for data about drone flights and accidents.
What I received from the FAA was--simply put--startling, and it
really crystallized for me the magnitude of the problem we face.
In nine months last year, from March through November, there were
approximately 25 incidents where a drone nearly collided in midair with
a manned aircraft, sometimes requiring evasive action.
In this time period, there were more than 190 incident reports. Since
July 1, at least one incident per day was reported to the FAA. For
example: On May 29, 2014, two aircraft on approach to LAX reported a
``trash can sized'' unmanned aircraft at 6,500 feet above ground level.
On June 29, 2014, an airplane on descent to Dulles Airport reported a
near midair collision with a drone that flew within 50 feet of the
plane at 2,800 feet above ground level.
On September 8, 2014, three separate airplanes reported ``a very
close call'' with a drone on descent to LaGuardia airport at 1,900 feet
above ground level.
On October 12, 2014, an aircraft near Tinker Air Force Base in
Oklahoma reported taking evasive action at 4,800 feet above ground
level to avoid a drone that came between 10 to 20 feet of the plane.
On February 8, 2015, a Southwest passenger jet on its way to land at
LAX and reported that a small red drone flew ``right over the top'' of
the plane at 4,000 feet above ground level.
These close calls are absolutely unacceptable. It is not just
airplanes and airports that are at risk. For example, the general
manager of the Golden Gate Bridge reports that drones routinely fly
over traffic on the bridge. One drone recently crashed onto the bridge
roadway.
Drones equipped with cameras have also flown by the bridge in areas
where photography is not permitted for security reasons, which is
alarming.
The California Department of Forestry and Fire Protection--CAL FIRE--
is also growing increasingly concerned about the unsafe use of drones.
It reports that during last year's fire season, there were numerous
incidents involving drones.
For example, in September, one of its helicopters, which was
responding to the Pasqualie fire, had to brake in midair to avoid
colliding with a recreational drone just 10 feet ahead of it.
In May, several drones were filming an active firefight in order to
post videos online. If local police hadn't been able to identify the
operators and convince them to stop, CAL FIRE believes it might have
had to shut down its aerial firefighting operations for the Poinsettia
and Cocos fires to avoid the risk of collision.
As far back as 2012, the Government Accountability Office, GAO, has
issued
[[Page S4301]]
warnings about obstacles to the safe operation of drones, which include
the fact that many drones cannot ``detect, sense and avoid'' other
aircraft or objects in the airspace.
Drones are also plagued by a phenomenon known as ``lost link''--in
which the remote connection between the pilot on the ground and the
aircraft is simply lost, resulting in a loss of command and control of
the aircraft.
The GAO's report also noted that many drones ``currently use
unprotected radio spectrum and, like any other wireless technology,
remain vulnerable to unintentional or intentional interference.''
GAO continued: ``This remains a key security and safety vulnerability
because, in contrast to a manned aircraft in which the pilot has direct
physical control of the aircraft, interruption of radio transmissions
can sever the UAS's only means of control.''
Even the operators of consumer drones often know that their
operations can be dangerous. Let me just read to you from one commenter
on Amazon's page for a popular consumer drone:
It just kept climbing as it disappeared into the clouds. I
lost visual, and was sure I'd never see my Phantom again. . .
. From calculations based on DJI's web site that it climbs [6
meters per second, which means it attained an altitude . . .
somewhere between 5,000 and 7,000 feet. I didn't realize
until I got video back.
The commentator continued: ``This is `not' good, though, since until
I saw the video, I didn't realize I was in controlled airspace. Do
`not' do this.''
This comment, to me, is really emblematic of what is happening.
Consumers with no training, certification, or instruction are buying
highly-capable drones with few technological safeguards.
There are precautions we can take to reduce the risk of a
catastrophic accident.
For example, after a consumer drone crashed on the White House lawn
in January 2015, the manufacturer voluntarily released a firmware
update to prevent flights near Washington, D.C.
The update was easy for consumers and commonsense. However, the FAA
has no authority to require all manufacturers to follow suit, or to
specify other areas that deserve similar protection.
Another easy precaution is education of drone operators. For example,
the FAA has partnered with the Academy of Model Aeronautics, the
Association for Unmanned Vehicle Systems International, and the Small
UAV Coalition to develop an educational campaign called ``Know Before
You Fly.''
This campaign includes sensible advice about staying under 400 feet
in elevation, keeping the drone within range of eyesight, flying sober,
and staying away from pedestrians, vehicles, and airports.
However, the FAA can't require manufacturers to print this type of
information and include it in the box for consumers when they buy a new
drone.
FAA needs the authority to require these basic safety precautions.
The Consumer Drone Safety Act calls for sensible new safety
regulations in how drones are manufactured and used.
These new safety regulations apply only to consumer drones: civil
unmanned aircraft that are manufactured for commercial distribution and
that are equipped with an automatic stabilization system or are capable
of providing a video signal allowing operations beyond the visual line
of sight of the operator.
Notably, this definition does not override Section 336 of the FAA
Modernization and Reform Act of 2012, which means that model aircraft
flown for recreational purposes would continue to be subject to the
safety guidelines of a community-based organization rather than to
operational regulations of the Federal Aviation Administration.
The bill has operational requirements
The Consumer Drone Safety Act directs the FAA to clearly lay out what
is acceptable for consumer drones that are operated outside the
programming of a community-based organization, detailing when, where,
and under what conditions drones can be operated. This includes how
high, how close to airports or stadiums, and under what weather
conditions a drone may be flown.
The bill has manufacturer requirements.
Any drone advanced enough to fly autonomously should also be equipped
with advanced safety features, including geo-fencing.
But FAA does not currently have authority to require even the most
basic safety precautions like providing educational materials.
The Consumer Drone Safety Act authorizes FAA to set meaningful safety
requirements for manufacturers. These may include geo-fencing to govern
the altitude and location of flights, a transponder or other method for
pilots and air traffic control to detect and identify the drones,
collision-avoidance software, and precautions for the loss of a
communications link, anti-tampering safeguards, and educational
materials.
The bill also requires manufactures to update existing consumer
drones to meet these new requirements when feasible.
The bill would allow FAA to exempt particular types of consumer
drones from any requirement that is technologically infeasible or cost-
prohibitive if other precautions enable safe operations.
The Consumer Drone Safety Act is straightforward, balanced, and
necessary. For the first time, it would allow the FAA to proactively
respond to the increasing use and capabilities of consumer drones by
requiring sensible precautions to protect the safety of our nation's
airports and hospital helipads, stadiums and fairgrounds, bridges,
electrical infrastructure, highways, and city sidewalks.
Congress must not wait for a tragedy before taking action. I
encourage my colleagues to join me in this legislation to ensure that
consumer drones are built and operated safely.
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By Mr. KAINE (for himself, Mrs. Boxer, Mr. Casey, Mr. Whitehouse,
and Mr. Warner):
S. 1609. A bill to provide support for the development of middle
school career exploration programs linked to career and technical
education programs of study; to the Committee on Health, Education,
Labor, and Pensions.
Mr. KAINE. Mr. President, as the labor market of the 21st century
continues to transform, it will be critical to ensure that American
workers are equipped with the skills and expertise needed to meet the
variety of demands in the global marketplace It is critical that we
continue to reform and update our education system to ensure that
America's students are prepared for cutting-edge careers. Today, many
students enter high school and postsecondary education with little
knowledge of the careers available to them outside of traditional
pathways. Research has found that few middle school students have a
lack of understanding of how what they are learning in school relates
to careers. With college costs continuing to rise, it is critical that
students have exposure to the wide range of available work and career
choices early in their academic careers so that, by the time they enter
high school, they are more informed about future paths and what they
need to do to pursue them.
Career and technical education, CTE, programs play a pivotal role in
preparing students for America's job market, and are proven to help
students explore their own strengths and preferences, and match up with
potential future careers. However, a lack of Federal investment in
middle school CTE programming often means students have to wait until
high school for this exposure.
Middle school is a critical time when students explore their own
strengths, likes, and dislikes, and begin to form long-term career
goals. Studies have found that middle school students who participate
in career and technical education development programs that promote
career exploration skills are able to make more informed career
decisions by increasing knowledge of career options and career pathways
that match their interests. Additionally, these programs play a
positive role in engaging students in the classroom and on their
academic success.
I am proud to introduce the Middle School Technical Education Program
Act, which establishes a pilot program for middle schools to partner
with postsecondary institutions and local businesses to develop and
implement
[[Page S4302]]
career and technical exploration programs. This legislation will
provide support for middle schools to create career and technical
education programs that will provide students with introductory
courses, hands-on learning, or afterschool programs. Career guidance
and academic counseling is vital to ensuring that our students
understand the educational requirements for high-growth, in-demand
career fields. Many times students receive this information too late in
their academic careers.
We need to work to improve middle school education to prepare
students for cutting-edge careers and expose students to the variety of
career pathways. This legislation also requires that programs helps
students draft a high school graduation plan that demonstrates what
courses would prepare them for a given career field. If we provide
youth with applied career exploration opportunities, they will be more
informed about future paths and what they need to do to pursue them. I
am hopeful this bill will help highlight current shortcomings in middle
schools, and instigate further discussion on the importance of
educating youth early on the multitude of educational and career
pathways.
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By Mr. CARDIN (for himself and Ms. Mikulski):
S. 1610. A bill to eliminate racial profiling by law enforcement
officers, promote accountability for State and local law enforcement
agencies, reenfranchise citizens, eliminate sentencing disparities, and
promote re-entry and employment programs, and for other purposes; to
the Committee on the Judiciary.
Ms. MIKULSKI. Mr. President, I have introduced legislation along with
Senator Cardin called the Building And Lifting Trust In order to
Multiply Opportunities and Racial Equity, or the BALTIMORE Act.
The people of Sandtown-Winchester, the people of Baltimore, and all
Americans need to know they have a government on their side. Right now
there is a trust gap between the people and the police department.
Baltimore is my hometown. I have lived there all my life. But what
happened in Baltimore earlier this year could have happened anywhere,
in anyone's hometown. I don't want to see this happen anywhere else.
Where there is broken trust, we must rebuild it. And where there is
lost hope, we must restore it.
That is why I joined Senator Cardin in introducing the BALTIMORE Act.
This bill is a package of reforms intended to reestablish a sense of
trust between communities and the police departments that protect them.
First, the bill would ban discriminatory profiling by State and local
law enforcement based on race, ethnicity, religion, or national origin.
The bill makes sure that if police departments are receiving Federal
funding, they are also adopting practices to cease the use of
discriminatory profiling. It holds police departments accountable by
requiring them to share officer training information, including how
officers are trained in the use of force, racial and ethnic bias, de-
escalating conflicts, and constructive engagement with the public. It
also authorizes a grant program to assist local law enforcement
agencies in purchasing body-worn cameras.
We need to look at how our sentencing laws contribute to racial
disparity in our justice system. That is why this bill would reclassify
specific, low-level, non-violent drug possession felonies as
misdemeanors. The bill also eliminates the distinction between crack
and powder cocaine.
Finally, the bill authorizes $200 million annually for the Department
of Labor's Reentry Employment Opportunities Program through the
Workforce Investment Opportunity Act. This is important funding to give
people a hand up--not a hand out. It also encourages the White House to
``ban the box'' in the Federal contracting process. This would allow
employers to eliminate questions about criminal convictions on initial
job applications.
Baltimore has begun to heal. We will come together as a community and
a city to rebuild. But I do not want to see another great American
hometown follow in Baltimore's footsteps. I urge my colleagues to
support this legislation.
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By Mr. DAINES:
S. 1625. A bill to require a report on the location of C-130 Modular
Airborne Firefighting System units; to the Committee on Armed Services.
Mr. DAINES. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1625
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REPORT ON THE LOCATION OF C-130 MODULAR AIRBORNE
FIREFIGHTING SYSTEM UNITS.
Not later than September 30, 2016, the Secretary of the Air
Force shall submit to Congress a report setting forth an
assessment of the locations of C-130 Modular Airborne
Firefighting System (MAFFS) units. The report shall include
the following:
(1) A list of the C-130 Modular Airborne Firefighting
System units of the Air Force.
(2) The utilization rates of the units listed under
paragraph (1).
(3) A future force allocation determination with respect to
such units in order to achieve the most efficient use of such
units
(4) An assessment of the feasibility and advisability of
modifications to the C-130 Modular Airborne Firefighting
System program to enhance firefighting capabilities.
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By Mr. DAINES:
S. 1628. A bill to preserve the current amount of basic allowance for
housing for certain married members of the uniformed services; to the
Committee on Armed Services.
Mr. DAINES. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1628
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PRESERVATION OF CURRENT BASIC ALLOWANCE FOR
HOUSING FOR CERTAIN MARRIED MEMBERS OF THE
UNIFORMED SERVICES.
Notwithstanding any other provisions of law, the amount of
basic allowance for housing payable under section 403 of
title 37, United States Code, as of September 30, 2015, to a
member of the uniformed services who is married to another
member of the uniformed services shall not be reduced
unless--
(1) the member and the member's spouse undergo a permanent
change of station requiring a change of residence; or
(2) the member and the member's spouse move into or
commence living in on-base housing.
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