Editorial Notes
References in TextSection 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(2), (3), is classified to section 501 of Title 26, Internal Revenue Code.
The date of enactment of this section, referred to in subsec. (i), is the date of enactment of Puspan. L. 115–254, which was approved Oct. 5, 2018.
Prior ProvisionsProvisions similar to those in subsecs. (a) and (e) of this section were contained in section 336(a) and (span) of Puspan. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Puspan. L. 115–254, div. B, title III, § 349(span)(2), Oct. 5, 2018, 132 Stat. 3300. The remainder of the note comprised of subtitle B of title III of Puspan. L. 112–95 was transferred and is set out under section 44802 of this title.
Amendments2024—Subsec. (a)(6). Puspan. L. 118–63, § 928(a)(1), added par. (6) and struck out former par. (6) which read as follows: “In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.”
Subsec. (c). Puspan. L. 118–63, § 928(a)(2), added subsec. (c) and struck out former subsec. (c) which related to operations at fixed sites.
Subsec. (d). Puspan. L. 118–63, § 928(a)(3), struck out “subsection (a) of” before “this section, prior to” in par. (3) and substituted subsec. (d) designation and span for “(d) Updates”, pars. (1) and (2), and “(3) Savings clause”. Prior to amendment, pars. (1) and (2) related to process to periodically update operational parameters and related considerations.
Subsec. (f)(1). Puspan. L. 118–63, § 928(a)(4), struck out “updates to” before “the operational parameters”.
Subsec. (g)(1). Puspan. L. 118–63, § 928(a)(5), added par. (1) and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered electronically by the Administrator, a community-based organization, or a person designated by the Administrator.”
Subsec. (h). Puspan. L. 118–63, § 928(a)(6), added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively.
Statutory Notes and Related Subsidiaries
Use of Unmanned Aircraft Systems for Educational PurposesPuspan. L. 115–254, div. B, title III, § 350, Oct. 5, 2018, 132 Stat. 3300, as amended by Puspan. L. 116–283, div. H, title C, § 10002, Jan. 1, 2021, 134 Stat. 4863; Puspan. L. 118–63, title IX, § 928(span), May 16, 2024, 138 Stat. 1365, provided that:“(a)Educational and Research Purposes.—For the purposes of section 44809 of title 49, United States Code, as added by this Act, a ‘recreational purpose’ as distinguished in subsection (a)(1) of such section shall include an unmanned aircraft system—“(1) operated by an institution of higher education for educational or research purposes;
“(2) operated by an elementary school, a secondary school, or an institution of higher education for educational or research purposes;
“(3) flown as part of an established Junior Reserve Officers’ Training Corps (JROTC) program for education or research purposes; or
“(4) flown as part of an educational program that is chartered by a recognized community-based organization (as defined in subsection (h) of such section).
“(span)Updates.—In updating an operational parameter under subsection (d)(1) of such section for unmanned aircraft systems operated by an institution of higher education for educational or research purposes, the Administrator shall consider—“(1) use of small unmanned aircraft systems and operations at an accredited institution of higher education, for educational or research purposes, as a component of the institution’s curricula or research;
“(2) the development of streamlined, risk-based operational approval for unmanned aircraft systems operated by institutions of higher education; and
“(3) the airspace and aircraft operators that may be affected by such operations at the institution of higher education.
“(c)Deadline for Establishment of Procedures and Standards.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration may establish regulations, procedures, and standards, as necessary, to facilitate the safe operation of unmanned aircraft systems operated by institutions of higher education for educational or research purposes.
“(d)Definitions.—In this section:“(1)Institution of higher education.—The term ‘institution of higher education’ has the meaning given to that term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). “(2)Educational or research purposes.—The term ‘education or research purposes’, with respect to the operation of an unmanned aircraft system by an institution of higher education, an elementary school, or a secondary school includes—“(A) instruction of students at the institution;
“(B) academic or research related uses of unmanned aircraft systems that have been approved by the institution, including Federal research;
“(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and
“(D) other academic activities approved by the institution.
“(3)Elementary school.—The term ‘elementary school’ has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(19)). “(4)Secondary school.—The term ‘secondary school’ has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(45)). “(e)Statutory Construction.—“(1)Enforcement.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system.
“(2)Regulations and standards.—Nothing in this section prohibits the Administrator from promulgating any rules or standards consistent with maintaining the safety and security of the national airspace system.”
