[Congressional Record Volume 162, Number 56 (Wednesday, April 13, 2016)]
[Senate]
[Pages S2043-S2044]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3733. Mr. HOEVEN (for himself and Mr. Wyden) submitted an
amendment intended to be proposed to amendment SA 3679 proposed by Mr.
McConnell (for Mr. Thune (for himself and Mr. Nelson)) 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:
At the end of part II of subtitle A of title II, add the
following:
SEC. 2144. EXEMPTION FOR THE OPERATION OF CERTAIN UNMANNED
AIRCRAFT AT TEST SITES.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, and without the opportunity for
prior public notice and comment, the Administrator shall
grant an exemption for the operation of unmanned aircraft
systems for any non-hobby, non-recreational, and non-
commercial purpose under the oversight of an unmanned
aircraft system test site to all persons that meet the terms,
conditions, and limitations described in subsection (b) for
[[Page S2044]]
the exemption. All such operations of unmanned aircraft
systems shall be conducted in accordance with a certificate
of waiver or authorization issued to the unmanned aircraft
system test site by the Administrator.
(b) Terms, Conditions, and Limitations.--
(1) In general.--The exemption granted under subsection (a)
or any amendment to that exemption--
(A) shall, at a minimum, exempt the operator of an unmanned
aircraft system from the provisions of parts 21, 43, 61, and
91 of title 14, Code of Federal Regulations, that are
applicable only to civil aircraft or civil aircraft
operations;
(B) may contain such other terms, conditions, and
limitations as the Administrator may deem necessary in the
interest of aviation safety or the efficiency of the national
airspace system; and
(C) shall require a person, before initiating an operation
under the exemption, to provide written notice to the
unmanned aircraft system test site overseeing the operation,
in a form and manner specified by the Administrator, that
states, at a minimum, that the person has read, understands,
and will comply with all terms, conditions, and limitations
of the exemption and applicable certificates of waiver or
authorization.
(2) Transmission to federal aviation administration.--The
unmanned aircraft system test site overseeing an operation
shall transmit to the Federal Aviation Administration copies
of all notices under paragraph (1)(C) relating to the
operation in a form and manner specified by the
Administrator.
(c) No Airworthiness or Airman Certificate Required.--
(1) In general.--Notwithstanding paragraph (1), (2)(A), or
(3) of section 44711(a) of title 49, United States Code, the
Administrator may allow a person may operate, or employ an
airman who operates, an unmanned aircraft system for any non-
hobby or non-recreational purpose under the oversight of an
unmanned aircraft system test site without an airman
certificate and without an airworthiness certificate for the
aircraft if the operations of the unmanned aircraft system
meet all terms, limitations, and conditions of an exemption
issued under subsection (a) and of a certificate of waiver or
authorization issued to the unmanned aircraft system test
site by the Administrator.
(2) Pilot certification exemption.--If the Secretary
proposes, under this section, to require an operator of an
unmanned aircraft system to hold an airman certificate or a
medical certificate, or to have a minimum number of hours
operating a manned aircraft, the Secretary shall set forth
the reasoning for such proposal and seek public notice and
comment before imposing any such requirements.
(d) Data Available for Certificate of Airworthiness.--The
Administrator shall accept data collected or developed as a
result of an operation of an unmanned aircraft system
conducted under the oversight of an unmanned aircraft system
test site pursuant to an exemption issued under subsection
(a) for consideration in an application for an airworthiness
certificate for the unmanned aircraft system.
(e) Sunset.--The exemption issued under subsection (a), and
any amendment to that exemption, shall cease to be valid on
the date of the termination of the unmanned aircraft system
test site program under section 332(c) of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
(f) Rules of Construction and Procedure.--
(1) In general.--The issuance of an exemption under
subsection (a), the issuance of a certificate of waiver or
authorization (including the issuance of a certificate of
waiver or authorization to an unmanned aircraft test site),
the amendment of such an exemption or certificate, the
imposition of a term, condition, or limitation on such an
exemption or certificate, and any other activity carried out
by the Federal Aviation Administration under this section
shall be made without regard to--
(A) the notice and comment provisions of section 553 of
title 5, United States Code; and
(B) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(2) Savings provisions.--Nothing in this section shall be
construed to--
(A) affect the issuance of a rule by or any other activity
of the Secretary of Transportation or the Administrator under
any other provision of law; or
(B) invalidate an exemption granted or certificate of
waiver or authorization issued by the Administrator before
the date of the enactment of this Act.
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Airman certificate.--The term ``airman certificate''
means an airman certificate issued under section 44703 of
title 49, United States Code.
(3) Certificate of waiver or authorization.--The term
``certificate of waiver or authorization'' means an
authorization issued by the Federal Aviation Administration
for the operation of aircraft in deviation from a rule or
regulation and includes the terms, conditions, and
limitations of the authorization.
(4) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have
the meanings given those terms in section 44801 of title 49,
United States Code, as added by section 2121.
(5) Unmanned aircraft system test site.--The term
``unmanned aircraft system test site'' means an entity
designated to operate a test site, as defined by section
44801of title 49, United States Code, as added by section
2121.
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