[Congressional Record (Bound Edition), Volume 161 (2015), Part 7]
[Senate]
[Pages 9963-9966]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

                                 ______
                                 
      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.

[[Page 9964]]

  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 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.

[[Page 9965]]

  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.
                                 ______
                                 
      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 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.
                                 ______
                                 
      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

[[Page 9966]]

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.
                                 ______
                                 
      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.
                                 ______
                                 
      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.

                          ____________________