Results of the House Transportation and Infrastructure Committee Markup of H.R. 2997 on June 27, 2017

The T&I Committee approved a motion to favorably report H.R. 2997, as amended, to the House by a roll call vote of 32 yeas to 25 nays at 7:24 p.m.

(Note: The amendment numbers here are not consecutive – they were assigned by the House Legislative Counsel and refer to how many amendments to all bills that particular Member has had the Counsel’s Office draft this year. For example, there are at least four amendments #020, but none from the same member.)

All amendments are to the page and line numbers in the text of H.R. 2997 as introduced (GPO version).

ALPHABETICAL BY SPONSORING MEMBER.

• Barletta (R-PA) #015 – increases Airport Improvement Program contract authority provided by the bill by an average of $173.6 million per year – agreed to by voice vote.
• Barletta (R-PA) #016 – adds a new section to title IV of the bill requiring the FAA to commission a study of the use of glass beads applied to critical markings on airfield pavement – agreed to by voice vote as part of an en bloc package.
• Barletta (R-PA) #017 – adds a new section to title VI of the bill requiring the FAA to publish on its website a representative sample of the safety justifications offered by applicants for small UAS safety waivers – agreed to by voice vote as part of an en bloc package.
• Bost (R-IL) #1 – amendment never formally filed but text is in this en bloc package –  requires that DOT establish a public notice and comment period for Buy America waivers under 49 U.S.C. §50101 – agreed to, as modified, by voice vote as part of an en bloc package.
• Bost (R-IL) #017 – adds a new section to title I of the bill requiring that DOT establish a public notice and comment period for Buy America waivers under 49 U.S.C. §50101.
• Brownley (D-CA) #019 – adds a new section to title VI of the bill requiring each air carrier to train its employees to recognize and respond to potential human trafficking victims – agreed to by voice vote as part of an en bloc package.
• Brownley (D-CA) #020 – amends 49 U.S.C. §40122(g) to make additional veterans preference sections of title 5 U.S.C. apply to the FAA personnel management system – agreed to by voice vote as part of an en bloc package.
• Bustos (D-CA) #020 – adds a new section to title IV requiring a GAO study of technical workers in the aviation maintenance industry – agreed to by voice vote as part of an en bloc package.
• Bustos (D-CA) #021 – requires the ATC corporation advisory board to include at least one representative of a community primarily served by a non hub airport – agreed to by voice vote as part of an en bloc package.
• Capuano (D-MA) #029 – adds a new section to title 49 specifically giving the FAA Administrator the exclusive authority to resolve noise disputes and to require any change in departure or arrival procedures and routes at US airports, not the ATC corporation – offered and withdrawn.
• Carson (D-IN) #013 – adds a new section to title IV requiring the FAA to issue an order requiring the installation of secondary cockpit barriers on new aircraft – agreed to by voice vote.
• Cohen (D-TN) #038 – adds a new section to title VI requiring DOT to issue regulations establishing minimum dimensions for aircraft passenger seats.
• Cohen (D-TN) #042 – amends sec. 414 of the bill to require the flight attendant fatigue risk management plan to include a review of staffing requirements and their impact on fatigue management – offered and withdrawn.
• Cohen (D-TN) #043 – adds new provisions prohibiting all ATC corporation directors and employees from having any financial interest or ownership in, or receive any remuneration from, any aviation-related business – rejected by voice vote (a roll call was ordered and later canceled).
• Cohen #045 – amendment was never formally filed but text is in this en bloc package – requires DOT to issue regulations establishing minimum dimensions for aircraft passenger seats  – agreed to by voice vote as part of an en bloc package.
• Comstock (R-VA) #017 – adds the Washington DC area to the scope of the overflight noise study required by section 157 of the bill – agreed to by voice vote as part of an en bloc package.
• Comstock (R-VA) #018 – specifically makes the remote tower pilot program established by sec. 610 of the bill eligible for AIP funding – agreed to by voice vote.
• Davis (R-IL) #025 – adds a new section to title VI preventing state and local governments from levying any taxes on any businesses located at airports that are not generally imposed on similar businesses located elsewhere in the state or locality – agreed to by voice vote as part of an en bloc package.
• Davis (R-IL) #026 – adds a new §45511 to title 49 U.S.C. requiring the FAA to charter an aviation rulemaking advisory committee to develop recommendations to allow micro UAS operators to operate micro UAS without being to pass any kind of airman certification exam – agreed to by voice vote.
• DeFazio (D-OR) #045 – strikes title II of the bill (the ATC corporation) and replaces it with the text of his bill H.R. 2800, to take the Airport and Airway Trust Fund off-budget and to give the FAA greater statutory freedom to reform its procurement and personnel systems (see summary of H.R. 2800 here) – rejected by a roll call vote of 24 yeas, 34 nays.
• DeFazio (D-OR) #051 – adds two new sections to title VI of the bill, one of which repeals section 828 of the 2012 FAA authorization law (which prevented the FAA from imposing restrictions on the transportation of lithium batteries that are more stringent than ICAO standards) and the other of which requires the FAA Administrator to serve as the US representative on the ICAO Dangerous Goods Panel – rejected by a roll call vote of 23 yeas, 33 nays.
• DeFazio (D-OR) #053 – adds a new section to title VI prohibiting the FAA and the ATC corporation from providing any payment to airlines for ADS-B installation and preventing the ADS-B deadline from being extended beyond January 1, 2020 – rejected by a vote of 25 yeas, 34 nays.
• DeSaulnier (D-CA) #023 – requires a GAO study of ground transportation options at the 10 busiest U.S. airports – agreed to, as modified, by voice vote as part of an en bloc package (modified amendment text is in here).
• Garamendi (D-CA) #019 – adds a new section to title II of the bill prohibiting the ATC corporation from accepting or receiving any funds from the uncommitted balance of the Airport and Airway Trust Fund – agreed to by voice vote.
• Garamendi (D-CA) #021 – adds a new section to title IV of the bill requiring the FAA to consult with UAS manufacturers and retailers about setting up a registration system proximate to the point of sale – offered and withdrawn.
• Garamendi (D-CA) #026 – adds a new section to title VI of the bill requiring airlines to submit employee assault prevention and response plans to the FAA for approval.
• Graves (R-MO) #015 – adds a new section to title VI of the bill that, in turn, amends section 217of the 2010 aviation safety law to allow the FAA to give pilots credit for non-academic training courses – offered and withdrawn.
• Graves (R-MO) #018 – adds a new section to title VI of the bill amending 49 U.S.C. §47114 to create a new AIP set-aside for disaster relief airports.
• Huffman (D-CA) #055 – amends section 554 of the bill (small community air service) to further amendment 49 U.S.C. §41743(c) to allow communities to participate in the SCAS program every ten years instead of only one time, ever – agreed to by voice vote as part of an en bloc package.
• Huffman (D-CA) #056 – adds a new section to title III expressing the sense of Congress on aviation emissions – defeated by a roll call vote of 27 yeas, 32 nays.
• Huffman (D-CA) #057 – adds a new section to title VI of the bill that requires FAA to declare aircraft under the direct operational control of forestry and fire protection agencies as public aircraft eligible for logging flight times.
• Johnson (D-TX) #013 – adds a new section to title VI of the bill requiring the FAA to conduct an asset assessment of all ATO assets and then requires the DOT Inspector General to audit the assessment – offered and withdrawn.
• Johnson (D-TX) #015 – requires the FAA to ensure that the ATC corporation does not close any contract towers without the approval of the airport sponsor – offered and withdrawn.
• Johnson (D-TX) #016 – caps the maximum compensation of the ATC corporation CEO at the aggregate amount received by the President of the United States – rejected by a roll call vote of 25 yeas, 33 nays
• Johnson (D-GA) #033 – amends sec. 302 of the bill to require a representative of aviation maintenance on the new Safety Oversight and Certification Advisory Committee – agreed to by voice vote as part of an en bloc package.
• Johnson (D-GA) #034 – establishes an aviation maintenance workforce development pilot program – offered and withdrawn.
• Johnson (D-GA) #035 – adds a new section requiring FAA to treat the operation of any UAS equipped with a weapon to be careless or reckless operation – offered and withdrawn.
• Larsen (D-WA) #021 – amends the post-2020 authorization levels for the F&E and Operations accounts in title I of the bill – rejected by a roll call vote of 24 yeas, 34 nays.
• Larsen (D-WA) #-023 – adds a new section clarifying allowable reimbursable costs in 49 U.S.C. §47504 – agreed to by voice vote as part of an en bloc package.
• Lawrence (D-MI) #024 – adds a new section to title VI requiring a GAO review of the FAA’s workforce and training needs – agreed to by voice vote as part of an en bloc package.
• Lewis (D-MN) #009 – adds a new section to title VI expressing the findings of Congress and the sense of Congress on aviation workforce development. Requires a GAO study of aviation and aerospace workforce supply – agreed to by voice vote as part of an en bloc package.
• Lewis (D-MN) #010 – adds a new section to title IV requiring DOT, within 6 months of enactment, to publish a civil UAS local operation policy framework, which shall provide guidelines for state and local governments in harmonizing and standardizing reasonable limitations on local UAS operations – offered and withdrawn.
• Lipinski (D-IL) #027 – adds a new section to title VI of the bill requiring a new DOT rule to require large ticket agents to adopt minimum customer service standards – agreed to by a roll call vote of 38 yeas, 18 nays.
• Lipinski (D-IL) #034 – adds a new section to title VI of the bill making zero-emission vehicles and equipment eligible for AIP and PFC funding – agreed to by voice vote as part of an en bloc package.
• Lipinski (D-IL) #037 – adds a new section to title IV of the bill amending section 2207 of the 2016 FAA Extension Act to allow UAS operation outside line-of-sight to carry out emergency response and infrastructure restoration activities and to ensure local governments are kept in the loop. Requires a notice and comment period for applications to restrict UAS operations near fixed site facilities – offered and withdrawn.
• Lipinski (D-IL) #038 – requires a GAO study of airline computer network architecture and requires the FAA to issue a final rule requiring each airline to submit computer network resiliency plans to the FAA for approval – offered and withdrawn.
• Lipinksi (D-IL) #039 – adds new sections to the end of title VI of the bill requiring a DOT final rule that will require airlines to seek to transport delayed passengers on other airlines after a 3 hour delay and requiring a modification of the rules in part 259 of title 14 CFR to require contingency plans for overnight passenger accommodations in the event of lengthy terminal delays – rejected by a roll call vote of 8 yeas, 46 nays.
• Lipinski (D-IL) #040 – adds a new section to title IV of the bill requiring the FAA to streamline the waiver certification process for UAS in 14 CFR 107.200 and 107.205.
• Lipinski (D-IL) #041 – makes the ATC corporation subject to Buy America requirements and to Davis-Bacon prevailing wage laws – offered by Mr. DeFazio, rejected by a roll call vote of 24 yeas, 34 nays.
• Lipinski (D-IL) #042 – adds a new section to title I of the bill requiring certain contracts awarded with PFC money to be awarded in the same manner as similar contracts supported with federal money – offered and withdrawn.
• Lipinski (D-IL) #043 – adds a new section to title VI of the bill requiring annual reports from the Secretary of Transportation to Congress on the amounts of foreign-manufactured equipment purchased by the FAA – agreed to by voice vote as part of an en bloc package.
• Lipinski (D-IL) #044 – adds a new section to title VI of the bill amending 49 U.S.C. §50101 (Buy America for the FAA) to make it cover iron as well as steel and to require the publication of waivers in the Federal Register.
• LoBiondo (R-NJ) #020 – prohibits DOT from authorizing US access for foreign air carriers under the US-EU agreement unless the permit would not undermine labor protections and is required by the agreement. Adds a public interest test to 49 U.S.C. §41302 – agreed to by voice vote as part of an en bloc package.
• Lowenthal (D-CA) #017 – adds a new section to title VI of the bill to amend 49 U.S.C. §47107 (“grant assurances”) to distinguish between sales taxes on fuel and excise taxes on fuel – offered and withdrawn.
• Lowenthal (D-CA) #018 – as originally filed, the amendment required the FAA to rewrite its helicopter noise pollution rules over Los Angeles County, but the amendment was revised by Lowenthal so that it apparently applies to New Jersey as well (maybe combined with Sires #012, below) – rejected by a roll call vote of 24 yeas, 30 nays.
• Lowenthal (D-CA) #019 – adds the Southern California metroplex to the scope of the overflight noise study required by section 157 of the bill – agreed to by voice vote as part of an en bloc package.
• Maloney (D-NY) #029 – adds a new section to title VI of the bill declaring that terminal expansion projects at small hub airports that include construction of a federal inspection facility are AIP-eligible – offered and withdrawn.
• Mast (R-FL) #017 – adds a new section to title V of the bill requiring DOT to issue a rule addressing accommodations for disabled persons with respect to in-flight entertainment, accessible lavatories in single-aisle aircraft, and service animals – agreed to by voice vote as part of an en bloc package.
• Meadows (R-NC) #050 – adds a new section to title VI of the bill requiring the FAA to conduct a comprehensive review of all its prescriptive rules and policies that are able to be replaced with outcome-based performance standards.
• Mitchell (R-MI) #014 – amends ATC corp. board structure to make Board members serve 4 year terms instead of 5 year terms, caps all Board serve at a maximum of 8 years, and requires the corporation to submit an annual action plan – agreed to by voice vote.
• Nadler (D-CA) #022 – requires the ATC corp. to pay the federal government for the ATC assets it receives from the FAA – rejected by a roll call vote of 24 yeas, 34 nays.
• Nolan (D-MN) #037 – adds a new section to title V of the bill requiring each airline to summarize its compensation policies for flight delays, cancelations, overbooking, lost/mishandled baggage, and involuntary denial of boarding in a 1-page document that will then be submitted to DOT for approval. Approved documents will be given to passengers at all offices and ticket counters and made available on the internet – agreed to, as modified, by voice vote as part of an en bloc package (modified amendment text is in here).
• Nolan (D-MN) #040 – adds a new section to title V of the bill creating a new 49 U.S.C. §41726 establishing minimum standards for passenger baggage transportation that include a minimum of 1 checked bag and 1 item of carry-on baggage free of additional charge.
• Nolan (D-MN) #041 – increases the authorization level for SCAS in 49 U.S.C. §41743(e)(2) from $6 million per year to $10.8 million per year – agreed to, as modified, by voice vote as part of an en bloc package (modified amendment text is in here).
• Nolan (D-MN) #042 – prohibits the Secretary from giving control over ATC to the corporation if the Secretary determines it will reduce mandatory funding for the Essential Air Service program from overflight fees below the level provided for the EAS program in FY 2017 (which the introduced bill would pretty clearly do) – rejected by a roll call vote of 25 yeas, 34 nays.
• Nolan (D-MN) #044 – prohibits airlines from refusing to provide a seat to overbooked revenue passengers unless the passenger agrees to accept voluntary compensation – offered and withdrawn.
• Norton (D-DC) #031 – amends the structure of the ATC corporate Board to require the 2 Directors appointed by the Secretary to “act in the public interest” and to require the 2 Directors elected by the Board to be from nonprofit public interest groups. Prohibits the Board from including more than 1 Director associated with or representing major passenger airlines – rejected by a roll call vote of 25 yeas, 34 nays.
• Norton (D-DC) #032 – adds the Washington DC metroplex to the scope of the overflight noise study required by section 157 of the bill – not offered, see Comstock #017 above.
• Norton (D-DC) #033 – adds a new 49 U.S.C. §41706 prohibiting the use of electronic cigarettes on all passenger airline flights – agreed to by roll call vote of 30 yeas, 29 nays.
• Norton (D-DC) #034 – expresses the sense of Congress that a replacement for leaded aviation gasoline should be identified by January 1, 2023 – agreed to by voice vote as part of an en bloc package.
• Payne (D-NJ) #020 – adds a new section to title V of the bill requiring DOT to study the possible modification of regulations relating to the reporting of actual flight times (wheels-up to wheels-down). – agreed to by voice vote as part of an en bloc package.
• Perry (R-PA) #050 – allows applications for use of UAS to transport property for hire under existing processes until the new processes are in place. Adds a new section to title VI requiring the FAA to publish on the internet a representative sampling of justifications given for ATC waivers – agreed to by voice vote.
• Perry (R-PA) #051 – provides that prevailing wage rules only apply to AIP projects if the total project cost exceed $150 thousand – rejected by a roll call vote of 27 yeas, 37 nays.
• Rokita (R-IN) #020 – strikes the part of the bill at the bottom of page 116 and top of page 117 that prevents courts from overturning SecDOT approval of ATC procedure changes unless the court finds clear error or abuse of discretion – offered and withdrawn.
• Rokita (R-IN) #021 – replaces the language at the top of page 111 of the bill with new language that prevents the Secretary from denying access to airspace “on any basis, for any reason that was not a sufficient basis or reason to deny such access before the date of enactment..” – offered and withdrawn.
• Rokita (R-IN) #022 – in the provisions relating to appeals to the Secretary and to courts on pages 113-117 of the bill, the amendment would apply those procedures to any denial of access to airspace or ATC on the basis that the user is exempt from fees; any material reduction of access to a public-use airport, and any loss or material reduction in access to airspace adjacent to a public-use airport for any class, category or type of aircraft – offered and withdrawn.
• Rokita (R-IN) #023 – adds a section requiring the FAA to consider the FAA aircraft registry office in Oklahoma City as essential and therefore exempt from government shutdowns – agreed to by voice vote as part of an en bloc package.
• Rokita (R-IN) #024 – adds a new section prohibiting the FAA from implementing or enforcing any rule requiring a UAS operator in class B, C, D or E airspace from notifying the FAA if the operator intends to fly within 5 miles of an airport – offered and withdrawn.
• Rouzer (R-NC) #001 – rewrites section 2112 of the 2016 FAA extension related to the marking of towers – agreed to by voice vote as part of an en bloc package.
• Sanford (R-SC) #028 – repeals 49 U.S.C. §47104(b)(2) (restrictions on airport taxation) effective in 2022 – offered and withdrawn.
• Sanford (R-SC) #032 – adds a new section to title VI of the bill requiring the FAA Administrator to “exercise leadership in the creation of Federal and international policies, regulations, and standards” for supersonic aircraft – agreed to by voice vote as part of an en bloc package.
• Sires (D-NJ) #012 – adds a new section to title I of the bill requiring the FAA to prescribe regulations for helicopter operation in Hudson County, New Jersey – not offered, see Lowenthal #018 above for disposition.
• Titus (D-NV) #011 – amends sec. 505 of the bill to require the fees imposed by the ATC corporation to be listed on the website and invoice separately from airfare along with other government-imposed fees and taxes – rejected by a roll call vote of 23 yeas, 33 nays.
• Titus (D-NV) #012 – adds a new section exempting regulation of UAS from Executive Order 13771 (President Trump’s order requiring 2 existing regulations to be repealed for every new regulation issued) – rejected by a roll call vote of 23 yeas, 33 nays.
• Titus (D-NV) #013 – establishes certain statutory minimum levels of compensation for air traffic controllers to which the ATC corporation must adhere – rejected by a roll call vote of 25 yeas, 34 nays.
• Wilson (D-FL) #027 – adds a new section requiring a study by DOT of the training of customer-facing airline employees – agreed to, as modified, by voice vote as part of an en bloc package (modified amendment text is in here).
• Woodall (R-GA) #003 – creates an advisory committee for a rulemaking to bring transparency in the air ambulance industry – agreed to by voice vote as part of an en bloc package.
• Young (R-AK) #070 – amends section 620 of the bill to allow the permits to cover flights to locations or destinations – agreed to by voice vote as part of an en bloc package.