[Congressional Record Volume 162, Number 91 (Thursday, June 9, 2016)]
[Senate]
[Page S3716]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECTION 2152 OF THE FEDERAL AVIATION REAUTHORIZATION BILL
Mrs. FEINSTEIN. Mr. President, I wish to discuss the issue of
preemption and ask to engage in a colloquy with Senators Tillis and
Nelson.
I come to the floor today to discuss the Federal Aviation
Administration Reauthorization Act of 2016, which passed the Senate on
April 19 by a vote of 95 to 3. This vote reflects the strong,
bipartisan work that went into negotiating this bill, and I hope that
the House will take it up.
However, there is unfinished business with this bill: the need to
remove section 2152. This provision of the bill would preempt any State
or local laws related to the operation, manufacture, design, testing,
licensing, registration, certification, operation, or maintenance of an
unmanned aircraft system including airspace, altitude, flight paths,
equipment or technology requirements, purpose of operations, and pilot,
operator, and observer qualifications, training, and certification.
This provision of the bill would be effective on the date of
enactment prior to the FAA promulgating any regulations in these areas.
When this came to my attention, as a former mayor, I became very
alarmed about the possible reach of this provision and how it might
impact local communities, State parks, schools, infrastructure, and
other areas with a strong State or local interest.
So I filed two amendments, and, ultimately, the managers of this
bill--Chairman Thune and Ranking Member Nelson--agreed to accept an
amendment to strike the provision from the underlying bill.
This is amendment No. 3704, filed by myself and Senator Tillis, and
cosponsored by Senators Blumenthal, Perdue, Lee, and Markey.
I would now like to yield, if I could, to my colleague from North
Carolina, Mr. Tillis.
Mr. TILLIS. As a former State legislator, I very much agree with what
my colleague from California has said. In North Carolina, we worked
hard to get the regulatory and legislative framework right for this new
technology. In fact, we commissioned a legislative research committee
to propose legislation and obtained input from stakeholders prior to
the bill's passage. You see, not all wisdom resides at the Federal
Government. Our system is designed to let States and localities weigh
factors that bureaucrats in Washington might not consider, such as
potential privacy concerns, law enforcement operations, search and
rescue, natural disaster mitigation, infrastructure monitoring--the
list goes on.
I would add that it was my understanding as well that Chairman Thune
and Ranking Member Nelson had graciously agreed to accept this
amendment and that it had been cleared as part of a group of
noncontroversial amendments. I was disappointed to see that package
held up over a disagreement on unrelated matters between other Members.
I am encouraged, however, by the chairman's and ranking members'
commitment to continue addressing our concerns in conference committee.
Mr. NELSON. Mr. President, my distinguished colleague from North
Carolina, Mr. Tillis, is correct. Chairman Thune and I did agree to
accept this amendment as part of a package of 26 amendments agreed to
by all but one of our colleagues.
While I am disappointed that these amendments could not clear the
full Senate, including one that preserves certain State and local
powers to deal with public safety concerns regarding drones, I will
work with Chairman Thune to address this and other issues in the
conference committee once the House has acted.
____________________