Higher Education Unmanned Aircraft Systems Modernization Act

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.''.

Summary: Higher Education Unmanned Aircraft Systems Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to authorize an institution of higher education to operate an unmanned aircraft system within the United States without the specific approval of, and without registering the system with, the Federal Aviation Administration (FAA) if: the institution has adopted a policy to ensure safe operation of such systems, which shall include the designation of a point of contact at the institution for review and approval of such operation and the requirement that such operation be conducted under the supervision of an operator in command. The point of contact has confirmed that the proposed operation is for educational or research purposes, is in accordance with applicable policies of the institution regarding safety, training or supervision requirements, privacy, and prior notice and permission, and will occur under the supervision of an operator in command. The system is operated not higher than 400 feet above ground level and in a manner that will not create a hazard to persons or property, is marked with the identification and contact information of the owner, does not survey, create a nuisance on, or overfly private property without the permission of the property owner, gives right of way to, and avoids flying in the proximity of, full-scale aircraft, and is operated at a site that is of sufficient distance from populated areas to protect the safety of persons and property. And the institution notifies and obtains permission, at least annually, from air traffic control or the airport manager when the system will be operated within five statute miles of an airport around which the airspace is designated as class B or class C airspace, within two statute miles of any other airport or heliport, or within airspace designated as restricted or prohibited. If an unmanned aircraft system operated by an institution of higher education is involved in any incident resulting in personal injury or property damage , the point of contact shall report the incident to the FAA within 10 days.