[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.
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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]