Airport Alert: House and Senate Release Text for Final Defense Bill With a Few Notable Airport Provisions
December 7, 2022
The House and Senate Armed Services Committees late on December 6 released their final, negotiated version of the FY23 National Defense Authorization Act (NDAA). The House is set to begin debate and pass the legislation this week, with the Senate soon to follow. While the NDAA focuses mainly on national security-related issues, there were a few provisions concerning airports that were included in the bill.
Sustainable Aviation Fuel (SAF)
The final NDAA agreement requires the Secretary of Defense to implement a pilot program on the use of SAF by the Department of Defense. The purpose of the program will be to identify logistical challenges, increase understanding of the technical and performance characteristics of SAF in a military setting, and engage nearby commercial airports to explore opportunities and challenges to partner on the increased use of SAF. Once the NDAA is signed into law, the Secretary of Defense will have one year to select at least two DoD facilities to participate in the pilot program. At least one of these facilities is required to have an onsite refinery that is located near at least one major commercial airport that is also actively seeking to increase its use of SAF. At the end of the pilot program, DoD will produce a final report that will include, among other things, recommendations on how military installations can leverage proximity to commercial airports and other jet fuel consumers to increase the use of SAF for both military and non-military use, including potential collaboration on innovative financing or purchasing and shared supply chain infrastructure.
One-Stop Security Pilot Program
One-stop security would allow connecting passengers, accessible property, and their baggage on certain international flights into the United States to be exempt from rescreening by TSA. Legislation is needed to allow such an exemption.
In late 2021, both the House and Senate advanced legislation to authorize a One-Stop Pilot Program. The House of Representatives passed H.R. 4094, the One-Stop Pilot Program Act of 2021, and the Senate Commerce Committee approved S. 3375, the Omnibus Travel and Tourism Act of 2021, which included its version of the One-Stop Pilot Program Act. On July 14, 2022, the House passed its version of the NDAA, which included H.R. 4094, the One-Stop Pilot Program Act.
The final NDAA language includes a slightly modified version of the One-Stop Pilot Program Act. The final agreement allows TSA, in coordination with CBP and the Department of State, to implement pilot programs at no more than six foreign last point of departure airports where passengers and their accessible property arriving on direct flights to the United States would not be rescreened if:
The initial screening in the foreign country was conducted in accordance with an aviation security screening agreement; passengers that arrived from participating foreign airports were unable to access their checked baggage until arrival at their final destination; and upon arrival in the United States, passengers who arrived from participating foreign airports did not encounter other arriving international passengers, those passengers' property, or other persons who had not been screened or subjected to other appropriate security controls required for entry into the airport's sterile area.
The authorized pilot program will be terminated after six years.
Traveler Education Materials
The final NDAA agreement also includes language that requires TSA to develop and submit a plan to Congress on how the agency will assist individuals who do not speak English or are hearing or vision impaired to better understand airport access and the security process. TSA is required to improve its materials and communicate in languages most common to individuals that travel through or work in each major airport. TSA materials are defined as signs, videos, audio messages, websites, press releases, social media postings, and other posted communications. After submission of this plan to Congress, TSA, in consultation with Category X and I airports, must implement the plan within 180 days.
