Review – Senate Passes First Cloture vote on HR 3935 – FAA Reauthorization

Yesterday, the Senate conducted their first cloture vote on HR 3935, the Securing Growth and Robust Leadership in American Aviation Act. The vote to close debate on the motion to proceed to consideration of the bill passed by a vote of 89 to 10, with the opposition evenly split between Democrats and Republicans. With the debate officially begun, the proposed amendments started to flow, with 33 amendments offered. The actual vote on proceeding to consider HR 3935 takes place today.

The first important amendment is SA 1911, the substitute language offered by Sen Cantrell (D,WA). While this would typically be language from the Senate version of the bill (S 1939 in this case), a quick look at the table of contents on both shows way more stuff (and a slightly different organization) in the SA 1911 language. So we can, for all practical purposes, ignore S 1939.

There were 32 additional amendments proposed yesterday (listed here and here). One of those may be of interest here: SA 1932 which was proposed by Sen Peters (D,MI). It would add a new §1112, Counter UAS Authorities to the legislation. This would completely rewrite 6 USC 124n, Protection of certain facilities and assets from unmanned aircraft. This amendment is very similar to S 1631 introduced by Peters in May of 2023. No action has been taken on that bill to date.

More debate on the bill has taken place today, including a vote on the actual motion to begin consideration (it passed). I will have more details on today’s vote and new amendments tomorrow (have to wait for the Congressional Record to be printed for those amendments).

 

For more details about the cybersecurity and UAS provision of SA 1911, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/senate-passes-first-cloture-vote - subscription required.

Consideration HR 3935 – FAA Reauthorization –

Yesterday, the Senate resumed consideration of the motion to proceed to consideration of H.R. 3935. Sen Schumer (D,NY) entered a motion to close further debate on the motion to proceed to consideration of the bill. The vote on that cloture motion will take place when the Senate returns on March 30^th, 2024, after the vote on the Georgia N. Alexakis nomination.

The Senate actually started this process back in September, but it lead nowhere. At the time there were suggestions that Schumer was going to use the bill as a vessel for consideration of a clean continuing resolution while the House was trying to sort out how to proceed on the spending bills under Rep McCarthy (R,CA). At that time there had been one anti-Ukraine amendment submitted by Sen Vance (R,OH).

No new amendments have been submitted yet for consideration during the actual debate on HR 3935. The first amendment will almost certainly come from Sen Cantwell (D,WA) offering the reported version of S 1939 as substitute language for HR 3935. Additional amendments will be submitted, and some will be considered.

As I noted in a post on S 1939 there is an interesting counter-UAS provision in the Senate bill:

“Section 811 would amend 49 USC Chapter 448 by adding a new § 44813 Unmanned aircraft system detection and mitigation enforcement. The new section would prohibit anyone (other than certain government agencies and employees) from operating “a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system.” The term “adversely impacts or interferes with’ is not defined. Violators would be subject to a civil penalty of not more than $25,000 per violation. This prohibition would terminate on September 30, 2028.”

Review - Committee Marks Up S 1939 – FAA Authorization Act

Last week, the Senate Commerce, Science, and Technology Committee held an executive session to look at S 1939, FAA Reauthorization Act of 2023. Substitute language was considered, 81 amendments were proposed. The bill was approved (presumably after approving the substitute language and perhaps multiple additional amendments were adopted), and ordered reported favorably. Unfortunately, neither the Committee hearing web page (as is fairly typical for Senate markups), nor the press release provide any details about what amendments were adopted.

Moving Forward

Since this is one of those bills that is considered a ‘must pass’ bill, it will eventually be considered by the full Senate. Once the report on this bill is published, and we can see what changes were actually made, the Senate will actually take up HR 3935 [removed from paywall] the House version of the FAA Authorization. The language approved here will be substituted for the House language as the first amendment to be considered. I suspect that there will be some level of bipartisan support for this language. Once passed, the bill will almost certainly have to go to conference to work out differences with the House passed language.

 

For more information on the changes proposed, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/committee-marks-up-s-1939 - subscription required.

Industry Efforts on §2209 – No Fly Zones

Earlier this week, three chemical-industry organizations sent a letter to the Senate Commerce, Science, and Transportation Committee concerning two UAS provisions contained in HR 3935, the Securing Growth and Robust Leadership in American Aviation Act (the periodic FAA reauthorization bill). The two provisions of the bill are contained in Section 608, Application for Designation, and Section 617, Carriage of Hazardous Materials.

While the organizations support both provisions of the bill, they encourage the Committee to ensure that the FAA implements the §2209 of the FAA Extension, Safety, and Security act of 2016 (PL 114-190, codified at 49 USC 44802 note) requirement before it allows the carriage of hazardous materials by uncrewed aircraft systems. The letter notes:

“The risks to our facilities of overflights of hazardous materials by UAS are considerable. If new authority is given to UAS operators to transport even small quantities of hazardous materials before the FAA finalizes a Section 2209 rulemaking, our facilities will be put at even greater risk. As you consider granting new authorities to UAS operators to transport these materials (as granted in Section 617 of H.R.3935 and Section 816 of S.1939), we urge you to tie any new authorities to the completion of a final Section 2209 rulemaking.”

The Senate attempted to consider HR 3935 back in September when it ran into roadblock on their consideration of HR 4363, but it never moved passed the cloture motion to end the discussion to considering the bill.

The Senate Transportation Committee has not yet taken up S 1939 [removed from paywall], the Senate version of HR 3935. That bill contains a similar hazmat provision (§816), but is silent on §2309. It does, however, include a provision (§811) that would prohibit anyone (other than certain government agencies and employees) from operating “a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system.”

Review - S 1939 Introduced – FAA Reauthorization

Earlier this month, Sen Cantwell (D,WA) introduced S 1939, the FAA Reauthorization Act of 2023. In addition to the periodic reauthorization of various FAA programs, the bill includes aircraft cybersecurity provisions and unmanned aircraft system (UAS) requirements of concern here. UAS provisions include:

• Beyond visual line of sight flight rules,

• Prevention of tracking or interfering with unmanned aircraft,

• Extend DOJ and DHS counter UAS authority, and

• Allow UAS to transport hazardous materials.

Moving Forward

Cantwell is the Chair of the Senate Commerce, Science, and Transportation Committee. This means that she certainly has the influence to see this bill considered in Committee. Given that Sen Cruz (R,TX), the Ranking Member of the Committee is a cosponsor of the bill, there should be bipartisan support for this bill. We will have to see if the amendment process in Committee changes that support. This is one of the ‘must pass’ bills that the Senate deals with every year.

Typically, we would expect the House to pass their FAA reauthorization bill (HR 3935). Then the Senate would take up the bill and the first amendment (offered by Cantwell) would be to offer the language from this bill as substitute language. Then the amendment process would start. Once the amended House bill is passed, the bill would normally go to a conference committee to work out the differences between the two versions of the bill. With the current leadership upheaval in the House, it will be interesting to see if the ‘standard process’ is followed this year.

 

For more details about the provisions of the bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-1939-introduced - subscription required.

Bills Introduced – 6-13-23

Yesterday, with both the House and Senate in session, there were 83 bills introduced. One of those bills will receive additional attention in this blog:

S 1939 A bill to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028, and for other purposes. Cantwell, Maria [Sen.-D-WA] 

Mention in Passing

Just thought that I would mention that Sen Scott (R,FL) introduced S Res 250 yesterday (June 13^th, 2023 in case your forgot) that would designate June 6^th, 2023 as National Naloxone Awareness Day. Now, I know that these ‘day designation’ bills have little practical effect on government operations or even the charities that they are allegedly supporting, but this ‘ex post facto’ type of legislation is silly and demeaning. But Scott may have made a financial supporter happy, as long as they did not look too closely at the bill to see when it was introduced.