I 118th CONGRESS 1st Session H. R. 3896 IN THE HOUSE OF REPRESENTATIVES June 7, 2023 Mr. Cohen (for himself and Mr. DeSaulnier ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To establish an airport infrastructure resilience pilot program.

1. Short title This Act may be cited as the Airport Infrastructure Resilience Act of 2023 . 2. Airport infrastructure resilience pilot program (a) Establishment (1) Establishment (A) In general Not later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to provide competitive grants to sponsors of airports to incentivize the planning and design and construction of projects that make improvements to infrastructure that is subject to, or that faces increased long-term future risks with respect to, the following: (i) Changing conditions, such as sea level rise or permafrost thaw. (ii) Weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, permafrost thaw, extreme weather, including extreme temperature, and earthquakes. (B) Clarification Projects funded under the pilot program under this section may be for new projects as well as for making improvements to existing infrastructure and may include the purchasing of monitoring equipment or services. (2) Consultation In establishing the pilot program under paragraph (1), the Secretary shall— (A) engage in a public comment period; and (B) consult with— (i) the Administrator of the Federal Aviation Administration; (ii) the Administrator of the Federal Emergency Management Agency; (iii) the Administrator of the National Oceanic Atmospheric Administration; and (iv) the Administrator of the National Aeronautics and Space Administration. (3) Considerations In awarding grants to sponsors under the pilot program under this section, the Secretary shall consider the following with respect to projects funded under the grant: (A) Whether the project is natural infrastructure or nature-based. (B) Whether the project is based on the best available science and engineering standards. (C) Whether the project will mitigate the airport’s impact on the environment. (D) Other items determined appropriate by the Secretary. (4) Eligibility To be eligible to receive a grant under the pilot program under this section, a sponsor of an airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. Such information shall include a description of how the proposed project is projected to benefit and potentially impact both the airport and the surrounding communities regarding changing conditions, weather events, and natural disasters. (5) Reports to Secretary A sponsor of an airport that is awarded a grant under the pilot program under this section shall submit to the Secretary periodic reports on the use of the funds. Such reports shall be submitted at such time, in such form, and containing such information as the Secretary may require. (b) Distribution for regional airports In conducting the pilot program under this section, the Secretary shall ensure that not less than 15 percent of the funds made available under subsection (e) is used to award grants to sponsors of regional airports. (c) Federal share The United States Government's share of allowable project costs for a project carried out with a grant under the pilot program shall be the United States Government's share of allowable project costs specified under section 47109 of title 49, United States Code. (d) Requirements The construction work for a project funded with grant under the pilot program shall be subject to the requirements under section 47112 of title 49, United States Code. (e) Report to Congress (1) In general Not later than 6 months after the Secretary first awards a grant under the pilot program under this section, and annually thereafter for as long as the Secretary is conducting the pilot program under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program established under this section. Each such report shall include— (A) a description of each project funded under the program, including the changing condition or weather event or natural disasters the project is addressing; (B) a description of the applications under the program; (C) recommendations to improve the administration of the program, including whether assistance from additional or fewer agencies to carry out the program is appropriate; (D) a description of the period required to disburse grant funds to sponsors based on applicable Federal coordination requirements; (E) a description of the facilities that repeatedly require repair or reconstruction due to weather events and natural disasters (as described in subsection (a)); and (F) other items determined appropriate by the Secretary. (2) Public availability The Secretary shall post each report submitted under paragraph (1) on the public internet website of the Department of Transportation. (f) Funding There is authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such sums shall remain available until expended. (g) Definitions In this section: (1) Airport The term airport has the meaning given that term in section 40102 of title 49, United States Code. (2) Regional airport The term regional airport means a small hub airport, a nonhub airport, a nonprimary airport, and a reliever airport (as such terms are dined in section 47102 of title 49, United States Code). (3) Secretary The term Secretary means the Secretary of Transportation.