[House Report 117-460]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {       117-460

======================================================================



 
               DRONE INFRASTRUCTURE INSPECTION GRANT ACT

                                _______
                                

 September 13, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5315]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5315) to direct the Secretary of 
Transportation to establish in the Department of Transportation 
a drone infrastructure inspection grant program and a drone 
education and training grant program, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Legislative History and Consideration............................     4
Committee Votes..................................................     5
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Performance Goals and Objectives.................................     6
Duplication of Federal Programs..................................     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Preemption Clarification.........................................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     9

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Drone Infrastructure Inspection Grant 
Act''.

SEC. 2. DRONE INFRASTRUCTURE INSPECTION GRANT PROGRAM.

  (a) Authority.--The Secretary of Transportation shall establish a 
drone infrastructure inspection grant program to make grants to 
governmental entities to facilitate the use of eligible small unmanned 
aircraft systems to increase efficiency, reduce costs, improve worker 
and community safety, reduce carbon emissions, or meet other priorities 
(as determined by the Secretary) related to critical infrastructure 
projects.
  (b) Use of Grant Amounts.--A governmental entity may use a grant 
provided under this section to--
          (1) purchase or lease eligible small unmanned aircraft 
        systems;
          (2) support operational capabilities of eligible small 
        unmanned aircraft systems by the governmental entity;
          (3) contract for services performed with an eligible small 
        unmanned aircraft system in circumstances in which the 
        governmental entity does not have the resources or expertise to 
        safely carry out or assist in carrying out the activities 
        described under subsection (a); and
          (4) support the program management capability of the 
        governmental entity to use an eligible small unmanned aircraft 
        system.
  (c) Eligibility.--To be eligible to receive a grant under this 
section, a governmental entity shall submit an application to the 
Secretary at such time, in such form, and containing such information 
as the Secretary may require, including an assurance that the 
governmental entity or its contractor will comply with relevant federal 
regulations.
  (d) Selection of Applicants.--In selecting an applicant for a grant 
under this section, the Secretary shall prioritize projects that 
propose to--
          (1) carry out a critical infrastructure project in a 
        historically disadvantaged community; or
          (2) address a safety risk in the inspection, operation, 
        maintenance, repair, modernization, or construction of an 
        element of critical infrastructure.
  (e) Limitation.--Nothing in this section shall be construed as to 
interfere with an agreement between a governmental entity and a labor 
union.
  (f) Report to Congress.--Not later than 1 year after the first grant 
is provided under this section, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that evaluates the program 
carried out under this section, including--
          (1) a description of the number of grants awarded;
          (2) the amount of each grant;
          (3) the activities funded under this section; and
          (4) the effectiveness of such funded activities in meeting 
        the objectives described in subsection (a).
  (g) Funding.--
          (1) Federal share.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the Federal share of the cost of a project carried 
                out using a grant under this section shall not exceed 
                80 percent of the total project cost.
                  (B) Waiver.--The Secretary may increase the Federal 
                share requirement under subparagraph (A) to up to 100 
                percent for a project carried out using a grant under 
                this section by a governmental entity if such entity--
                          (i) submits a written application to the 
                        Secretary requesting an increase in the Federal 
                        share; and
                          (ii) demonstrates that the additional 
                        assistance is necessary to facilitate the 
                        acceptance and full use of a grant under this 
                        section, such as alleviating economic hardship, 
                        meeting additional workforce needs, or such 
                        other uses that the Secretary determines to be 
                        appropriate.
          (2) Authorization of appropriations.--There are authorized to 
        be appropriated to carry out this section--
                  (A) $50,000,000 for fiscal year 2023; and
                  (B) $50,000,000 for fiscal year 2024.

SEC. 3. DRONE EDUCATION AND WORKFORCE TRAINING GRANT PROGRAM.

  (a) Authority.--The Secretary of Transportation shall establish a 
drone education and training grant program to make grants to 
educational institutions for workforce training for eligible small 
unmanned aircraft system technology.
  (b) Use of Grant Amounts.--Amounts from a grant under this section 
shall be used in furtherance of activities authorized under sections 
631 and 632 of the FAA Reauthorization Act 2018 (49 U.S.C. 40101 note).
  (c) Eligibility.--To be eligible to receive a grant under this 
section, an educational institution shall submit an application to the 
Secretary at such time, in such form, and containing such information 
as the Secretary may require.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
          (1) $50,000,000 for fiscal year 2023; and
          (2) $50,000,000 for fiscal year 2024.

SEC. 4. DEFINITIONS.

  In this Act:
          (1) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given such term in section 
        1016(e) of the Critical Infrastructures Protection Act of 2001 
        (42 U.S.C. 5195c(e)).
          (2) Critical infrastructure project.--The term ``critical 
        infrastructure project'' means a project for the inspection, 
        operation, maintenance, repair, modernization, or construction 
        of an element of critical infrastructure, including mitigating 
        environmental hazards to such infrastructure.
          (3) Covered foreign entity.--The term ``covered foreign 
        entity'' means an entity--
                  (A) included on the Consolidated Screening List or 
                Entity List as designated by the Secretary of Commerce;
                  (B) domiciled in the People's Republic of China or 
                the Russian Federation;
                  (C) subject to influence or control by the government 
                of the People's Republic of China or by the Russian 
                Federation; or
                  (D) is a subsidiary or affiliate of an entity 
                described in subparagraphs (A) through (C).
          (4) Educational institution.--The term ``educational 
        institution'' means an institution of higher education (as 
        defined in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001)) that participates in a program authorized under 
        sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 
        U.S.C. 40101 note).
          (5) Element of critical infrastructure.--The term ``element 
        of critical infrastructure'' means a critical infrastructure 
        facility or asset, including public bridges, tunnels, roads, 
        highways, dams, electric grid, water infrastructure, 
        communication systems, pipelines, or other related facilities 
        or assets, as defined by the Secretary.
          (6) Eligible small unmanned aircraft system.--The term 
        ``eligible small unmanned aircraft system'' means a small 
        unmanned aircraft system manufactured or assembled by a company 
        that is domiciled in the United States and is not a covered 
        foreign entity.
          (7) Governmental entity.--The term ``governmental entity'' 
        means--
                  (A) a State, the District of Columbia, the 
                Commonwealth of Puerto Rico, a territory of the United 
                States, or a political subdivision thereof;
                  (B) a unit of local government;
                  (C) a Tribal Government;
                  (D) a metropolitan planning organization; or
                  (E) a combination of the entities described in 
                subparagraphs (A) through (D).
          (8) Small unmanned aircraft; unmanned aircraft; unmanned 
        aircraft system.--The terms ``small unmanned aircraft'', 
        ``unmanned aircraft'', and ``unmanned aircraft system'' have 
        the meanings given such terms in section 44801 of title 49, 
        United States Code.

                         PURPOSE OF LEGISLATION

    The purpose of H.R. 5315, as amended, is to direct the 
Secretary of Transportation to establish in the U.S. Department 
of Transportation a drone infrastructure inspection grant 
program and a drone education and training grant program.

                  BACKGROUND AND NEED FOR LEGISLATION

    Unmanned aircraft systems (UAS) are proliferating in the 
National Airspace System. The Federal Aviation Administration 
(FAA) projects that the recreational UAS fleet will grow to 
nearly 1.5 million units by 2024, and the commercial UAS fleet 
will increase to more than 800,000 units by that same year.\1\ 
Simultaneously, as a result of evolving aviation technology, 
small UAS are being used today by state departments of 
transportation, local municipalities, and other stakeholders to 
enhance the traditional inspections of critical infrastructure, 
such as bridges, roads, and dams.\2\ To help address the 
nation's infrastructure backlog and improve worker safety, 
state and local governments should have the opportunity to 
leverage UAS technology to identify, assess, and rectify 
critical infrastructure needs.
---------------------------------------------------------------------------
    \1\FAA, FAA Aerospace Forecast Report Fiscal Years 2020 to 2040: 
Unmanned Aircraft Systems, available at https://www.faa.gov/
data_research/aviation/aerospace_forecasts/media/
Unmanned_Aircraft_Systems.pdf.
    \2\AASHTO, 2019 AASHTO UAS/Drone Survey of All 50 State DOTs, 
available at https://www.transportation.org/wp-content/uploads/2019/05/
MissionControl_Drones3.pdf.
---------------------------------------------------------------------------
    H.R. 5315, as amended, would authorize $200 million for a 
drone infrastructure inspection grant program and a drone 
education and workforce training grant program at the U.S. 
Department of Transportation (DOT) to support more efficient 
inspection, maintenance, and repair of the nation's critical 
infrastructure. The bill will also help to equip current and 
future aviation workers with the skills necessary to capitalize 
on the emerging UAS sector and to cultivate the U.S. aviation 
workforce.

                                HEARINGS

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearing was used to develop or 
consider H.R. 5315:
    On April 27, 2021, the Subcommittee on Aviation held a 
hearing titled ``The Leading Edge: Innovation in U.S. 
Aerospace.'' The Subcommittee received testimony from Hon. Eric 
Garcetti, Mayor, City of Los Angeles, California, accompanied 
by Ms. Seleta J. Reynolds, General Manager, Los Angeles 
Department of Transportation, Los Angeles, California; Mr. 
James L. Grimsley, Executive Director, Advanced Technology 
Initiatives, Choctaw Nation of Oklahoma; Mr. Adam Bry, Chief 
Executive Officer, Skydio, Inc.; Mr. Pierre Frederick Harter, 
Director, Research and Development, National Institute for 
Aviation Research, AVP Industry and Defense Programs, Research 
Operations, Wichita State University; Mr. Roei Ganzarski, Chief 
Executive Officer, magniX; and Mr. Blake Scholl, Founder and 
Chief Executive Officer, Boom Supersonic.
    This hearing examined emerging uses of U.S. airspace and 
emerging aviation technologies affecting the economy, 
transportation system, local communities, environment, and 
public good; visions for and possible barriers to deployment of 
new aerospace technologies in the United States; and the 
federal government's role in ensuring the safe integration of 
these users and technologies into the National Airspace System.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    H.R. 5315, the ``Drone Infrastructure Inspection Grant 
Act,'' was introduced in the House on September 21, 2021, by 
Mr. Stanton and Mr. Graves of Louisiana and referred to the 
Committee on Transportation and Infrastructure. Within the 
Committee on Transportation and Infrastructure, H.R. 5315 was 
referred to the Subcommittee on Aviation.
    The Subcommittee on Aviation was discharged from further 
consideration of H.R. 5315 on April 28, 2022.
    The Committee considered H.R. 5315 on April 28, 2022, and 
ordered the measure to be favorably reported to the House, as 
amended, by a record vote of 54 yeas and 4 nays (Roll Call Vote 
No. 87).
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 5315, 
offered by Mr. Stanton; was AGREED TO by voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 5315 offered by Mr. Perry (#1); was NOT AGREED TO by 
voice vote.
    Page 1, strike line 1 and all that follows through page 8, 
line 8 and insert ``Sec 1. Exemption for Drone Inspections on 
Critical Infrastructure Requirements.''
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 5315 offered by Mr. Perry (#2); was NOT AGREED TO by 
voice vote.
    Page 4, strike lines 3 through 17
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 5315 offered by Mr. Perry (#3); was NOT AGREED TO by 
voice vote.
    Page 4, line 21, strike ``$50,000,000'' and insert 
``$12,500,000''; Page 4, line 22, strike ``$50,000,000'' and 
insert ``$12,500,000''; Page 5, line 20, strike ``$50,000,000'' 
and insert ``$12,500,000''; Page 5, line 21, strike 
``$50,000,000'' and insert ``$12,500,000.''
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 5315 offered by Mr. Perry (#4); was NOT AGREED TO by 
voice vote.
    Page 4, line 1, strike ``80'' and insert ``25''

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.

Committee on Transportation and Infrastructure Roll Call No. 87

    On: Ordering H.R. 5315 to be favorably reported to the 
House, as amended.
    Agreed to: 54 yeas and 4 nays.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio.....................................          Yea   Mr. Graves of MO..................          Yea
Ms. Norton......................................          Yea   Mr. Crawford......................  ............
Ms. Johnson of TX...............................          Yea   Mr. Gibbs.........................          Yea
Mr. Larsen of WA................................          Yea   Mr. Webster.......................          Yea
Mrs. Napolitano.................................          Yea   Mr. Massie........................  ............
Mr. Cohen.......................................          Yea   Mr. Perry.........................          Nay
Mr. Sires.......................................  ............  Mr. Rodney Davis of IL............          Yea
Mr. Garamendi...................................  ............  Mr. Katko.........................          Yea
Mr. Johnson of GA...............................          Yea   Mr. Babin.........................          Yea
Mr. Carson......................................          Yea   Mr. Graves of LA..................          Yea
Ms. Titus.......................................          Yea   Mr. Rouzer........................          Yea
Mr. Maloney of NY...............................          Yea   Mr. Bost..........................  ............
Mr. Huffman.....................................          Yea   Mr. Weber of TX...................          Yea
Ms. Brownley....................................          Yea   Mr. LaMalfa.......................  ............
Ms. Wilson of FL................................          Yea   Mr. Westerman.....................          Yea
Mr. Payne.......................................  ............  Mr. Mast..........................          Yea
Mr. Lowenthal...................................          Yea   Mr. Gallagher.....................          Yea
Mr. DeSaulnier..................................          Yea   Mr. Fitzpatrick...................          Yea
Mr. Lynch.......................................          Yea   Miss Gonzalez-Colon...............          Yea
Mr. Carbajal....................................          Yea   Mr. Balderson.....................          Yea
Mr. Brown.......................................          Yea   Mr. Stauber.......................          Yea
Mr. Malinowski..................................          Yea   Mr. Burchett......................  ............
Mr. Stanton.....................................          Yea   Mr. Johnson of SD.................          Yea
Mr. Allred......................................          Yea   Mr. Van Drew......................  ............
Ms. Davids of KS................................          Yea   Mr. Guest.........................  ............
Mr. Garcia of IL................................          Yea   Mr. Nehls.........................          Yea
Mr. Delgado.....................................          Yea   Ms. Mace..........................          Nay
Mr. Pappas......................................          Yea   Ms. Malliotakis...................          Yea
Mr. Lamb........................................          Yea   Ms. Van Duyne.....................          Nay
Mr. Moulton.....................................          Yea   Mr. Gimenez.......................          Yea
Mr. Auchincloss.................................          Yea   Mrs. Steel........................          Nay
Ms. Bourdeaux...................................          Yea
Mr. Kahele......................................          Yea
Ms. Strickland..................................          Yea
Ms. Williams of GA..............................          Yea
Ms. Newman......................................          Yea
Mr. Carter......................................          Yea
----------------------------------------------------------------------------------------------------------------

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
establish a drone infrastructure inspection grant program and a 
drone education and workforce training grant program at the 
U.S. Department of Transportation to support more efficient 
inspection, maintenance, and repair of the nation's critical 
infrastructure.

                    DUPLICATION OF FEDERAL PROGRAMS

    The Committee finds that H.R. 5315, as amended, contains 
provisions that establish or reauthorize the following programs 
which are (or may be) duplicative of another Federal program. 
Section 3 of H.R. 5315 authorizes funding to be used for the 
activities authorized under sections 631 and 632 of the FAA 
Reauthorization Act of 2018 (Public Law 115-254).

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 5315, as amended, 
does not preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Title

    This section provides that this bill may be cited as the 
``Drone Infrastructure Inspection Grant Act''.

Sec. 2. Drone infrastructure inspection grant program

    This section directs the Secretary of Transportation to 
establish a drone infrastructure inspection grant program to 
make grants available to governmental entities to use eligible 
small UAS to increase efficiency, reduce costs, improve worker 
safety, and reduce carbon emissions related to the inspection, 
repair, modernization, and construction of critical 
infrastructure. The funds may be used for purchasing or leasing 
small UAS; contracting for services performed with an eligible 
small UAS in circumstances in which the governmental entity 
does not have the resources or expertise to safely carry out or 
assist in the eligible activities; and support the program 
management capability of the governmental entity to use an 
eligible small UAS.
    In selecting grant applicants, the Secretary of 
Transportation is directed to prioritize projects in 
historically disadvantaged communities and address a safety 
risk in the inspection, operation, maintenance, repair, 
modernization, or construction of an element of critical 
infrastructure. This section also limits potential interference 
that the drone infrastructure inspection grant program may have 
with an agreement between a government entity and a labor 
union.
    This section also requires that the Secretary of 
Transportation submit a report, no later than one year after 
the first grant awards are made, to the House Committee on 
Transportation and Infrastructure and the Senate Committee on 
Commerce, Science, and Transportation that evaluates the 
program including the number of grants awarded, the amount of 
each grant, a description of the activities funded and the 
effectiveness of the funded activities in meeting the 
objectives described in the grant application.
    Under this section, $50 million in appropriated funds will 
be authorized for fiscal year 2022 and an additional $50 
million for fiscal year 2023 for this grant program. The 
federal share of the cost of a project carried out using a 
grant under this section shall not exceed 80 percent of the 
total project cost. However, if a waiver is granted for a 
governmental entity--that submits a written request to the 
Secretary and demonstrates that additional assistance is 
necessary to alleviate economic hardship, meet additional 
workforce needs, or other purposes determined by the 
Secretary--the Secretary may increase the federal share 
requirement to up to 100 percent.
    This section also provides definitions for the following 
terms: critical infrastructure; critical infrastructure 
project; covered foreign entity; educational institution; 
element of critical infrastructure; eligible small UAS; 
governmental entity; and small UAS.

Sec. 3. Drone education and workforce training grant program

    This section directs the Secretary of Transportation to 
establish a drone education and training grant program to make 
grants available to educational institutions for workforce 
training for small UAS technology. This section also authorizes 
an appropriation of $50 million for fiscal year 2022 and an 
additional $50 million for fiscal year 2023 for this grant 
program.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported by the Committee, H.R. 5315, as amended, makes 
no changes in existing law.

                                  [all]