In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Nutrition Equity Act of 
2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Specialized food is often medically necessary for the 
        safe and effective management of many digestive and inherited 
        metabolic disorders that impact digestion, absorption, and 
        metabolism of nutrients.
            (2) Although medically necessary food is essential for 
        patients, it is often expensive and not uniformly reimbursed by 
        health insurance, leaving many families with an insurmountable 
        financial burden.
            (3) As a result, many patients who cannot afford medically 
        necessary food may experience adverse health consequences from 
        suboptimal disease management, including hospitalization, 
        intellectual impairment, behavioral dysfunction, inadequate 
        growth, nutrient deficiencies, and even death.

SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR DIGESTIVE 
              AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH 
              PROGRAMS AND PRIVATE HEALTH INSURANCE.

    (a) Coverage Under the Medicare Program.--
            (1) Medically necessary food.--
                    (A) In general.--Section 1861(s)(2) of the Social 
                Security Act (42 U.S.C. 1395x(s)(2)) is amended--
                            (i) in subparagraph (FF), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (GG), by inserting 
                        ``and'' at the end; and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(HH) medically necessary food (as defined in subsection 
        (jjj)) and the medical equipment and supplies necessary to 
        administer such food (other than medical equipment and supplies 
        described in subsection (n));''.
                    (B) Definition.--Section 1861 of the Social 
                Security Act (42 U.S.C. 1395x) is amended by adding at 
                the end the following new subsection:

                       ``Medically Necessary Food

    ``(jjj)(1) Subject to paragraph (2), the term `medically necessary 
food' means food, including a low protein modified food product and an 
amino acid preparation product, that is--
            ``(A) furnished pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation, for the dietary management of a covered 
        disease or condition;
            ``(B) a specially formulated and processed product (as 
        opposed to a naturally occurring foodstuff used in its natural 
        state) for the partial or exclusive feeding of an individual by 
        means of oral intake or enteral feeding by tube;
            ``(C) intended for the dietary management of an individual 
        who, because of therapeutic or chronic medical needs, has 
        limited or impaired capacity to ingest, digest, absorb, or 
        metabolize ordinary foodstuffs or certain nutrients, or who has 
        other special medically determined nutrient requirements, the 
        dietary management of which cannot be achieved by the 
        modification of the normal diet alone;
            ``(D) intended to be used under medical supervision, which 
        may include in a home setting; and
            ``(E) intended only for an individual receiving active and 
        ongoing medical supervision wherein the individual requires 
        medical care on a recurring basis for, among other things, 
        instructions on the use of the food.
    ``(2) For purposes of paragraph (1), the term `medically necessary 
food' does not include the following:
            ``(A) Foods taken as part of an overall diet designed to 
        reduce the risk of a disease or medical condition or as weight 
        loss products, even if they are recommended by a physician or 
        other health professional.
            ``(B) Foods marketed as gluten-free for the management of 
        celiac disease or non-celiac gluten sensitivity.
            ``(C) Foods marketed for the management of diabetes.
            ``(D) Other products determined appropriate by the 
        Secretary.
    ``(3) In this subsection, the term `covered disease or condition' 
means the following diseases or conditions:
            ``(A) Inherited metabolic disorders, including the 
        following:
                    ``(i) Disorders classified as metabolic disorders 
                on the Recommended Uniform Screening Panel Core 
                Conditions list of the Secretary of Health and Human 
                Services' Advisory Committee on Heritable Disorders in 
                Newborns and Children.
                    ``(ii) N-acetyl glutamate synthase deficiency.
                    ``(iii) Ornithine transcarbamlyase deficiency.
                    ``(iv) Carbamoyl phosphate synthestase deficiency.
                    ``(v) Inherited disorders of mitochondrial 
                functioning.
            ``(B) Medical and surgical conditions of malabsorption, 
        including the following:
                    ``(i) Impaired absorption of nutrients caused by 
                disorders affecting the absorptive surface, functional 
                length, and motility of the gastrointestinal tract, 
                including short bowel syndrome and chronic intestinal 
                pseudo-obstruction.
                    ``(ii) Malabsorption due to liver or pancreatic 
                disease.
            ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated 
        allergies to food proteins, including the following:
                    ``(i) Immunoglobulin E and non-Immunoglobulin E-
                mediated allergies to food proteins.
                    ``(ii) Food protein-induced enterocolitis syndrome.
                    ``(iii) Eosinophilic disorders, including 
                eosinophilic esophagitis, eosinophilic gastroenteritis, 
                eosinophilic colitis, and post-transplant eosinophilic 
                disorders.
            ``(D) Inflammatory or immune mediated conditions of the 
        alimentary tract, including the following:
                    ``(i) Inflammatory bowel disease, including Crohn's 
                disease, ulcerative colitis, and indeterminate colitis.
                    ``(ii) Gastroesophageal reflux disease that is 
                nonresponsive to standard medical therapies.
            ``(E) Any other disease or condition determined appropriate 
        by the Secretary.
    ``(4) In this subsection, the term ` low protein modified food 
product' means a product formulated to have less than one gram of 
protein per serving.''.
                    (C) Payment.--Section 1833(a)(1) of the Social 
                Security Act (42 U.S.C. 1395l(a)(1)) is amended--
                            (i) by striking ``and'' before ``(BB)''; 
                        and
                            (ii) by inserting before the semicolon at 
                        the end the following: ``, and (CC) with 
                        respect to medically necessary food (as defined 
                        in section 1861(jjj)), the amount paid shall be 
                        an amount equal to 80 percent of the lesser of 
                        the actual charge for the services or the 
                        amount determined under a fee schedule 
                        established by the Secretary for purposes of 
                        this subparagraph.''.
                    (D) Effective date.--The amendments made by this 
                subsection shall apply to items and services furnished 
                on or after the date that is 1 year after the date of 
                the enactment of this Act.
            (2) Inclusion of medically necessary vitamins as a covered 
        part d drug.--
                    (A) In general.--Section 1860D-2(e)(1) of the 
                Social Security Act (42 U.S.C. 1395w-102(e)(1)) is 
                amended--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        comma at the end and inserting ``; or''; and
                            (iii) by inserting after subparagraph (B) 
                        the following new subparagraph:
                    ``(C) medically necessary vitamins used for the 
                management of a covered disease or condition (as 
                defined in section 1861(jjj)(3)) pursuant to the 
                prescription, order, or recommendation (as applicable) 
                of a physician or other health care professional 
                qualified to make such prescription, order, or 
                recommendation,''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall apply to plan years beginning on 
                or after the date that is 1 year after the date of the 
                enactment of this Act.
    (b) Coverage Under the Medicaid Program.--
            (1) In general.--Section 1905(a) of the Social Security Act 
        (42 U.S.C. 1396d(a)) is amended--
                    (A) in paragraph (28), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (29) as paragraph 
                (31); and
                    (C) by inserting after paragraph (28) the following 
                new paragraphs:
            ``(29) medically necessary food (as defined in section 
        1861(jjj)) and the medical equipment and supplies necessary to 
        administer such food;
            ``(30) medically necessary vitamins used for the management 
        of a covered disease or condition (as defined in section 
        1861(jjj)(3)) pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation; and''.
            (2) Conforming amendments.--
                    (A) Mandatory benefits.--Section 1902(a)(10)(A) of 
                the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is 
                amended, in the matter preceding clause (i), by 
                striking ``and (28)'' and inserting ``(28), (29), and 
                (30)''.
                    (B) Exception to coverage restriction.--Section 
                1927(d)(2)(E) of the Social Security Act (42 U.S.C. 
                1396r-8(d)(2)(E)) is amended by inserting ``and except 
                for medically necessary vitamins described in section 
                1905(a)(30)'' before the period at the end.
            (3) Effective date.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendments made by this subsection shall take effect on 
                the date that is 1 year after the date of the enactment 
                of this Act.
                    (B) Exception to effective date if state 
                legislation required.--In the case of a State plan for 
                medical assistance under title XIX of the Social 
                Security Act which the Secretary of Health and Human 
                Services determines requires State legislation (other 
                than legislation appropriating funds) in order for the 
                plan to meet the additional requirements imposed by the 
                amendments made by this subsection, the State plan 
                shall not be regarded as failing to comply with the 
                requirements of such title solely on the basis of its 
                failure to meet this additional requirement before the 
                first day of the first calendar quarter beginning after 
                the close of the first regular session of the State 
                legislature that begins after the date of the enactment 
                of this Act. For purposes of the previous sentence, in 
                the case of a State that has a 2-year legislative 
                session, each year of such session shall be deemed to 
                be a separate regular session of the State legislature.
    (c) Coverage Under CHIP.--
            (1) In general.--Section 2103(c) of the Social Security Act 
        (42 U.S.C. 1397cc(c)) is amended by adding at the end the 
        following:
            ``(9) Medically necessary food.--The child health 
        assistance provided to a targeted low-income child under the 
        plan shall include coverage of medically necessary food (as 
        defined in section 1861(jjj)) and the medical equipment and 
        supplies necessary to administer such food.
            ``(10) Certain vitamins.--The child health assistance 
        provided to a targeted low-income child under the plan shall 
        include coverage of medically necessary vitamins used for the 
        management of a covered disease or condition (as defined in 
        section 1861(jjj)(3)) pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation.''.
            (2) Conforming amendment.--Section 2103(a) of the Social 
        Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter 
        preceding paragraph (1), by striking ``and (7)'' and inserting 
        ``(7), (9), and (10)''.
            (3) Effective date.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendments made by this subsection shall take effect on 
                the date that is 1 year after the date of the enactment 
                of this Act.
                    (B) Exception to effective date if state 
                legislation required.--In the case of a State child 
                health plan for child health assistance under title XXI 
                of the Social Security Act which the Secretary of 
                Health and Human Services determines requires State 
                legislation (other than legislation appropriating 
                funds) in order for the plan to meet the additional 
                requirements imposed by the amendments made by this 
                subsection, the State child health plan shall not be 
                regarded as failing to comply with the requirements of 
                such title solely on the basis of its failure to meet 
                this additional requirement before the first day of the 
                first calendar quarter beginning after the close of the 
                first regular session of the State legislature that 
                begins after the date of the enactment of this Act. For 
                purposes of the previous sentence, in the case of a 
                State that has a 2-year legislative session, each year 
                of such session shall be deemed to be a separate 
                regular session of the State legislature.
    (d) Modification of Diseases and Conditions Covered Under TRICARE 
Program.--Section 1077(h)(3) of title 10, United States Code, is 
amended--
            (1) in subparagraph (D), by striking ``and'';
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (D) the following:
            ``(E) Immunoglobulin E or non-Immunoglobulin E mediated 
        allergies to food proteins.''.
    (e) Coverage Under FEHBP.--
            (1) In general.--Section 8902 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(p) A contract for a plan under this chapter shall require the 
carrier to provide coverage for--
            ``(1) medically necessary food (as defined in section 
        1861(jjj) of the Social Security Act) and the medical equipment 
        and supplies necessary to administer such food; and
            ``(2) medically necessary vitamins in the same manner 
        provided for under section 1860D-2(e)(1)(C) of the Social 
        Security Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to contract years beginning on or 
        after the date that is 1 year after the date of enactment of 
        this Act.
    (f) Coverage Under Private Health Insurance.--
            (1) In general.--Subpart II of part A of title XXVII of the 
        Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is 
        amended by adding at the end the following:

``SEC. 2729. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS.

    ``A health insurance issuer offering group or individual health 
insurance coverage shall provide coverage for--
            ``(1) medically necessary food (as defined in section 
        1861(jjj) of the Social Security Act) and the medical equipment 
        and supplies necessary to administer such food; and
            ``(2) medically necessary vitamins in the same manner 
        provided for under section 1860D-2(e)(1)(C) of the Social 
        Security Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to plan years beginning on or after the date that 
        is 1 year after the date of the enactment of this Act.
Medical Nutrition Equity Act of 2017 This bill provides for coverage, under Medicare, Medicaid, other specified federal health-care programs, and private health insurance,&nbsp;of foods and vitamins that are medically necessary for the management of&nbsp;certain digestive and metabolic disorders&nbsp;and conditions. 

SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Fair Treatment for Experienced 
Pilots Act''.
SEC. 2. AGE STANDARDS FOR PILOTS.
    (a) In General.--Chapter 447 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 44729. Age standards for pilots
    ``(a) In General.--Subject to the limitation in subsection (c), a 
pilot may serve in multicrew covered operations until attaining 65 
years of age.
    ``(b) Covered Operations Defined.--In this section, the term 
`covered operations' means operations under part 121 of title 14, Code 
of Federal Regulations.
    ``(c) Limitation for International Flights.--
        ``(1) Applicability of icao standard.--A pilot who has attained 
    60 years of age may serve as pilot-in-command in covered operations 
    between the United States and another country only if there is 
    another pilot in the flight deck crew who has not yet attained 60 
    years of age.
        ``(2) Sunset of limitation.--Paragraph (1) shall cease to be 
    effective on such date as the Convention on International Civil 
    Aviation provides that a pilot who has attained 60 years of age may 
    serve as pilot-in-command in international commercial operations 
    without regard to whether there is another pilot in the flight deck 
    crew who has not attained age 60.
    ``(d) Sunset of Age 60 Retirement Rule.--On and after the date of 
enactment of this section, section 121.383(c) of title 14, Code of 
Federal Regulations, shall cease to be effective.
    ``(e) Applicability.--
        ``(1) Nonretroactivity.--No person who has attained 60 years of 
    age before the date of enactment of this section may serve as a 
    pilot for an air carrier engaged in covered operations unless--
            ``(A) such person is in the employment of that air carrier 
        in such operations on such date of enactment as a required 
        flight deck crew member; or
            ``(B) such person is newly hired by an air carrier as a 
        pilot on or after such date of enactment without credit for 
        prior seniority or prior longevity for benefits or other terms 
        related to length of service prior to the date of rehire under 
        any labor agreement or employment policies of the air carrier.
        ``(2) Protection for compliance.--An action taken in 
    conformance with this section, taken in conformance with a 
    regulation issued to carry out this section, or taken prior to the 
    date of enactment of this section in conformance with section 
    121.383(c) of title 14, Code of Federal Regulations (as in effect 
    before such date of enactment), may not serve as a basis for 
    liability or relief in a proceeding, brought under any employment 
    law or regulation, before any court or agency of the United States 
    or of any State or locality.
    ``(f) Amendments to Labor Agreements and Benefit Plans.--Any 
amendment to a labor agreement or benefit plan of an air carrier that 
is required to conform with the requirements of this section or a 
regulation issued to carry out this section, and is applicable to 
pilots represented for collective bargaining, shall be made by 
agreement of the air carrier and the designated bargaining 
representative of the pilots of the air carrier.
    ``(g) Medical Standards and Records.--
        ``(1) Medical examinations and standards.--Except as provided 
    by paragraph (2), a person serving as a pilot for an air carrier 
    engaged in covered operations shall not be subject to different 
    medical standards, or different, greater, or more frequent medical 
    examinations, on account of age unless the Secretary determines 
    (based on data received or studies published after the date of 
    enactment of this section) that different medical standards, or 
    different, greater, or more frequent medical examinations, are 
    needed to ensure an adequate level of safety in flight.
        ``(2) Duration of first-class medical certificate.--No person 
    who has attained 60 years of age may serve as a pilot of an air 
    carrier engaged in covered operations unless the person has a 
    first-class medical certificate. Such a certificate shall expire on 
    the last day of the 6-month period following the date of 
    examination shown on the certificate.
    ``(h) Safety.--
        ``(1) Training.--Each air carrier engaged in covered operations 
    shall continue to use pilot training and qualification programs 
    approved by the Federal Aviation Administration, with specific 
    emphasis on initial and recurrent training and qualification of 
    pilots who have attained 60 years of age, to ensure continued 
    acceptable levels of pilot skill and judgment.
        ``(2) Line evaluations.--Not later than 6 months after the date 
    of enactment of this section, and every 6 months thereafter, an air 
    carrier engaged in covered operations shall evaluate the 
    performance of each pilot of the air carrier who has attained 60 
    years of age through a line check of such pilot. Notwithstanding 
    the preceding sentence, an air carrier shall not be required to 
    conduct for a 6-month period a line check under this paragraph of a 
    pilot serving as second-in-command if the pilot has undergone a 
    regularly scheduled simulator evaluation during that period.
        ``(3) GAO report.--Not later than 24 months after the date of 
    enactment of this section, the Comptroller General 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 concerning the effect, if 
    any, on aviation safety of the modification to pilot age standards 
    made by subsection (a).''.
    (b) Clerical Amendment.--The analysis for chapter 447 of title 49, 
United States Code, is amended by adding at the end the following:

``44729. Age standards for pilots.''.


                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
Fair Treatment for Experienced Pilots Act - Amends federal transportation law to allow a pilot who has attained 60 years of age to serve as a passenger airline pilot until the age of 65, provided that a pilot who has attained age 60 may serve as pilot-in-command on international flights only if there is another pilot in the flight crew who has not yet attained 60 years of age.

Prohibits subjecting pilots to different medical examinations and standards on account of age unless to ensure an adequate level of safety in flight, except that no person who has attained 60 years of age may serve as a pilot unless such person has a first-class medical certificate.

Requires air carriers to: (1) continue to provide FAA-approved training to pilots, with specific emphasis on initial and recurring training and qualification of pilots who have attained 60 years of age; and (2) evaluate, every six months, the performance of pilots who have attained 60 years of age through a line check of such pilot.

Requires the Comptroller General to report to Congress on the effect of the modification of pilot age requirements, if any, on aviation safety.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electricity Reliability and Forest 
Protection Act''.

SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND 
              MAINTENANCE ON FEDERAL LANDS CONTAINING ELECTRIC 
              TRANSMISSION AND DISTRIBUTION FACILITIES.

    (a) In General.--Title V of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end 
the following new section:

``SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION, 
              AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND 
              DISTRIBUTION FACILITY RIGHTS-OF-WAY.

    ``(a) General Direction.--In order to enhance the reliability of 
the electricity grid and reduce the threat of wildfires to and from 
electric transmission and distribution rights-of-way and related 
facilities and adjacent property, the Secretary, with respect to public 
lands and other lands under the jurisdiction of the Secretary, and the 
Secretary of Agriculture, with respect to National Forest System lands, 
shall provide direction to ensure that all existing and future rights-
of-way, however established (including by grant, special use 
authorization, and easement), for electrical transmission and 
distribution facilities on such lands include provisions for utility 
vegetation management, facility inspection, and operation and 
maintenance activities that, while consistent with applicable law--
            ``(1) are developed in consultation with the holder of the 
        right-of-way;
            ``(2) enable the owner or operator of a facility to operate 
        and maintain the facility in good working order and to comply 
        with Federal, State and local electric system reliability and 
        fire safety requirements, including reliability standards 
        established by the Electric Reliability Organization as defined 
        under 16 U.S.C. 824o(a) and plans to meet such reliability 
        standards;
            ``(3) minimize the need for case-by-case or annual 
        approvals for--
                    ``(A) routine vegetation management, facility 
                inspection, and operation and maintenance activities 
                within existing electrical transmission and 
                distribution rights-of-way; and
                    ``(B) utility vegetation management activities that 
                are necessary to control hazard trees within or 
                adjacent to electrical transmission and distribution 
                rights-of-way; and
            ``(4) when review is required, provide for expedited review 
        and approval of utility vegetation management, facility 
        inspection, and operation and maintenance activities, 
        especially activities requiring prompt action to avoid an 
        adverse impact on human safety or electric reliability to avoid 
        fire hazards.
    ``(b) Vegetation Management, Facility Inspection, and Operation and 
Maintenance Plans.--
            ``(1) Development and submission.--Consistent with 
        subsection (a), the Secretary and the Secretary of Agriculture 
        shall provide owners and operators of electric transmission and 
        distribution facilities located on lands described in such 
        subsection with the option to develop and submit a vegetation 
        management, facility inspection, and operation and maintenance 
        plan, that at each transmission or distribution owner or 
        operator's discretion may cover some or all of the owner or 
        operator's transmission and distribution rights-of-way on 
        Federal lands, for approval to the Secretary with jurisdiction 
        over the lands. A plan under this paragraph shall enable the 
        owner or operator of a facility, at a minimum, to comply with 
        applicable Federal, State, and local electric system 
        reliability and fire safety requirements, as provided in 
        subsection (a)(2). The Secretaries shall not have the authority 
        to modify those requirements.
            ``(2) Review and approval process.--The Secretary and the 
        Secretary of Agriculture shall jointly develop a consolidated 
        and coordinated process for review and approval of--
                    ``(A) vegetation management, facility inspection, 
                and operation and maintenance plans submitted under 
                paragraph (1) that--
                            ``(i) assures prompt review and approval 
                        not to exceed 90 days;
                            ``(ii) includes timelines and benchmarks 
                        for agency comments to submitted plans and 
                        final approval of such plans;
                            ``(iii) is consistent with applicable law; 
                        and
                            ``(iv) minimizes the costs of the process 
                        to the reviewing agency and the entity 
                        submitting the plans; and
                    ``(B) amendments to the plans in a prompt manner if 
                changed conditions necessitate a modification to a 
                plan.
            ``(3) Notification.--The review and approval process under 
        paragraph (2) shall--
                    ``(A) include notification by the agency of any 
                changed conditions that warrant a modification to a 
                plan;
                    ``(B) provide an opportunity for the owner or 
                operator to submit a proposed plan amendment to address 
                directly the changed condition; and
                    ``(C) allow the owner or operator to continue to 
                implement those elements of the approved plan that do 
                not directly and adversely affect the condition 
                precipitating the need for modification.
            ``(4) Categorical exclusion process.--The Secretary and the 
        Secretary of Agriculture shall apply his or her categorical 
        exclusion process under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) to plans developed under this 
        subsection on existing transmission and distribution rights-of-
        way under this subsection.
            ``(5) Implementation.--A plan approved under this 
        subsection shall become part of the authorization governing the 
        covered right-of-way and hazard trees adjacent to the right-of-
        way. If a vegetation management plan is proposed for an 
        existing transmission or distribution facility concurrent with 
        the siting of a new transmission or distribution facility, 
        necessary reviews shall be completed as part of the siting 
        process or sooner. Once the plan is approved, the owner or 
        operator shall provide the agency with only a notification of 
        activities anticipated to be undertaken in the coming year, a 
        description of those activities, and certification that the 
        activities are in accordance with the plan.
            ``(6) Definitions.--In this subsection:
                    ``(A) Vegetation management, facility inspection, 
                and operation and maintenance plan.--The term 
                `vegetation management, facility inspection, and 
                operation and maintenance plan' means a plan that--
                            ``(i) is prepared by the owner or operator 
                        of one or more electrical transmission or 
                        distribution facilities to cover one or more 
                        electric transmission and distribution rights-
                        of-way; and
                            ``(ii) provides for the long-term, cost-
                        effective, efficient and timely management of 
                        facilities and vegetation within the width of 
                        the right-of-way and adjacent Federal lands to 
                        enhance electricity reliability, promote public 
                        safety, and avoid fire hazards.
                    ``(B) Owner or operator.--The terms `owner' and 
                `operator' include contractors or other agents engaged 
                by the owner or operator of a facility.
                    ``(C) Hazard tree.--The term `hazard tree' means 
                any tree inside the right-of-way or located outside the 
                right-of-way that has been designated, prior to tree 
                failure, by either the owner or operator of a 
                transmission or distribution facility, or the Secretary 
                or the Secretary of Agriculture, to be likely to fail 
                and cause a high risk of injury, damage, or disruption 
                within 10 feet or less of an electric power line or 
                related structure if it fell.
    ``(c) Response to Emergency Conditions.--If vegetation on Federal 
lands within, or hazard trees on Federal lands adjacent to, an 
electrical transmission or distribution right-of-way granted by the 
Secretary or the Secretary of Agriculture has contacted or is in 
imminent danger of contacting one or more electric transmission or 
distribution lines, the owner or operator of the transmission or 
distribution lines--
            ``(1) may prune or remove the vegetation or hazard tree to 
        avoid the disruption of electric service and risk of fire; and
            ``(2) shall notify the appropriate local agent of the 
        relevant Secretary not later than 24 hours after such removal.
    ``(d) Compliance With Applicable Reliability and Safety 
Standards.--If vegetation on Federal lands within or adjacent to an 
electrical transmission or distribution right-of-way under the 
jurisdiction of each Secretary does not meet clearance requirements 
under standards established by the Electric Reliability Organization as 
defined under 16 U.S.C. 824o(a), or by State and local authorities, and 
the Secretary having jurisdiction over the lands has failed to act to 
allow a transmission or distribution facility owner or operator to 
conduct vegetation management activities within 3 business days after 
receiving a request to allow such activities, the owner or operator 
may, after notifying the Secretary, conduct such vegetation management 
activities to meet those clearance requirements.
    ``(e) Reporting Requirement.--The Secretary or Secretary of 
Agriculture shall report requests and actions made under subsections 
(c) and (d) annually on each Secretary's website.
    ``(f) Liability.--An owner or operator of a transmission or 
distribution facility shall not be held liable for wildfire damage, 
loss or injury, including the cost of fire suppression, if--
            ``(1) the Secretary or the Secretary of Agriculture fails 
        to allow the owner or operator to operate consistently with an 
        approved vegetation management, facility inspection, and 
        operation and maintenance plan on Federal lands under the 
        relevant Secretary's jurisdiction within or adjacent to a 
        right-of-way to comply with Federal, State or local electric 
        system reliability and fire safety standards, including 
        standards established by the Electric Reliability Organization 
        as defined under 16 U.S.C. 824o(a); or
            ``(2) the Secretary or the Secretary of Agriculture fails 
        to allow the owner or operator of the transmission or 
        distribution facility to perform appropriate vegetation 
        management activities in response to a hazard tree as defined 
        under subsection (b)(6), or a tree in imminent danger of 
        contacting the owner's or operator's transmission or 
        distribution facility.
    ``(g) Training and Guidance.--In consultation with the electric 
utility industry, the Secretary and the Secretary of Agriculture are 
encouraged to develop a program to train personnel of the Department of 
the Interior and the Forest Service involved in vegetation management 
decisions on rights-of-way relating to transmission and distribution 
facilities to ensure that such personnel--
            ``(1) understand electric system reliability and fire 
        safety requirements, including reliability standards 
        established by the Electric Reliability Organization as defined 
        under 16 U.S.C. 824o(a);
            ``(2) assist owners and operators of transmission and 
        distribution facilities to comply with applicable electric 
        reliability and fire safety requirements;
            ``(3) encourage and assist willing owners and operators of 
        transmission and distribution facilities to incorporate on a 
        voluntary basis vegetation management practices to enhance 
        habitats and forage for pollinators and for other wildlife so 
        long as the practices are compatible with the integrated 
        vegetation management practices necessary for reliability and 
        safety; and
            ``(4) understand how existing and emerging unmanned 
        technologies can help electric utilities, Federal, State, and 
        local governments, and private landowners to more efficiently 
        identify vegetation management needs, lower ratepayer energy 
        costs, and reduce the risk of wildfires.
    ``(h) Implementation.--The Secretary of the Interior and the 
Secretary of Agriculture shall--
            ``(1) not later than one year after the date of the 
        enactment of this section, prescribe regulations, or amend 
        existing regulations, to implement this section; and
            ``(2) not later than two years after the date of the 
        enactment of this section, finalize regulations, or amend 
        existing regulations, to implement this section.
    ``(i) Existing Vegetation Management, Facility Inspection and 
Operation and Maintenance Plans.--Nothing in this section requires an 
owner or operator to develop and submit a vegetation management, 
facility inspection, and operation and maintenance plan if one has 
already been approved by the Secretary or Secretary of Agriculture 
before the date of the enactment of this section.''.
    (b) Clerical Amendment.--The table of sections for the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended 
by inserting after the item relating to section 511 the following new 
item:

``Sec. 512. Vegetation management, facility inspection, and operation 
                            and maintenance relating to electric 
                            transmission and distribution facility 
                            rights-of-way.''.

SEC. 3. NO LOSS OF FUNDS FOR WILD-FIRE SUPPRESSION.

    Nothing in this Act or the amendments made by this Act shall 
detract from the availability of funds or other resources for wild-fire 
suppression.

            Passed the House of Representatives June 21, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Electricity Reliability and Forest Protection Act (Sec.2)This bill requires the Department of the Interior and the Department of Agriculture (USDA), with respect to lands under their respective jurisdictions, to ensure that all existing and future rights-of-way for electrical transmission and distribution facilities on such lands include requirements for utility vegetation management, facility inspection, and operation and maintenance activities that:  are developed in consultation with the holder of the right-of-way; enable the owner or operator of a facility to operate and maintain it in good working order and comply with federal, state, and local electric system reliability and fire safety requirements; and  minimize the need for case-by-case or annual approvals, and instead provide for expedited review and approval, for routine vegetation management, facility inspection, and operation and maintenance activities within existing electrical transmission and distribution rights-of-way, as well as utility vegetation management activities necessary to control hazard trees within or adjacent to electrical transmission and distribution rights-of-way.  Interior and USDA shall give facility owners and operators the option to submit to the appropriate agency a vegetation management, facility inspection, and operation and maintenance plan. Interior and USDA shall develop jointly a consolidated and coordinated process for review and approval of these plans. Interior and USDA shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to plans developed by this bill.  (A &quot;categorical exclusion&quot; under the NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required.)  If vegetation on federal lands within, or hazard trees on federal lands adjacent to, an electrical transmission or distribution right-of-way granted by Interior or USDA has contacted, or is in imminent danger of contacting, one or more electric transmission or distribution lines, the owner or operator:  may prune or remove the vegetation or hazard tree to avoid disruption of electric service and risk of fire, and shall notify the local agent of the relevant agency within 24 hours after such removal.  The owner or operator of a transmission or distribution facility, after notifying Interior or USDA, as appropriate, may also conduct vegetation management activities on federal lands to meet clearance requirements under standards established by the Electric Reliability Organization or by state and local authorities. An owner or operator of a transmission or distribution facility shall not be held liable for wildfire damage, loss, or injury, including the cost of fire suppression, if Interior or USDA fails to allow it to:  operate consistently with an approved vegetation management, facility inspection, and operation and maintenance plan on federal lands within or adjacent to a right-of-way to comply with federal, state, or local electric system reliability and fire safety standards; or  perform vegetation management activities in response to a hazard tree or a tree in imminent danger of contacting the owner's or operator's transmission or distribution facility.  Interior and USDA may develop a program to train their personnel involved in vegetation management decisions on rights-of-way relating to transmission and distribution facilities. Interior and USDA shall prescribe regulations, or amend existing regulations, to implement this bill.  An owner or operator does not have to develop and submit a vegetation management, facility inspection, and operation and maintenance plan if one has already been approved by Interior or USDA before the enactment of this bill. (Sec.3)This bill shall not detract from the availability of funds or other resources for wild-fire suppression.