SECTION 1. Short Title.
This title may be cited as the “Airport and Airway Extension Act of 2018”.
Division M — Extensions
DIVISION M Extensions
TITLE I Airport and Airway Extension Act of 2018
Subtitle A Federal Aviation Programs
SEC. 101. Extension of Airport Improvement Program.
Authorization of Appropriations.— Section 48103(a) of title 49, United States Code, is amended by striking “ 2012” and all that follows through the period at the end and inserting “ 2012 through 2018.”.
Project Grant Authority.— Section 47104(c) of title 49, United States Code, is amended in the matter preceding paragraph (1) by striking “ March 31, 2018,” and inserting “ September 30, 2018,”.
SEC. 102. Extension of Expiring Authorities.
Section 47107(r)(3) of title 49, United States Code, is amended by striking “ April 1, 2018” and inserting “ October 1, 2018”.
Section 47115(j) of title 49, United States Code, is amended by striking “ 2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018” and inserting “ 2018”.
Section 47124(b)(3)(E) of title 49, United States Code, is amended by striking “ 2012” and all that follows through “ 2018,” and inserting “ 2012 through 2018”.
Section 47141(f) of title 49, United States Code, is amended by striking “ March 31, 2018” and inserting “ September 30, 2018”.
Section 186(d) of the Vision 100–Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking “ 2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018,” and inserting “ 2018”.
Section 409(d) of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 41731 note) is amended by striking “ March 31, 2018” and inserting “ September 30, 2018”.
Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking “ March 31, 2018” and inserting “ September 30, 2018”.
Section 822(k) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47141 note) is amended by striking “ March 31, 2018” and inserting “ September 30, 2018”.
Section 2306(b) of the FAA Extension, Safety, and Security Act of 2016 (130 Stat. 641) is amended by striking “ April 1, 2018” and inserting “ October 1, 2018”.
SEC. 103. Federal Aviation Administration Operations.
Section 106(k) of title 49, United States Code, is amended—
in paragraph (1) by striking subparagraph (F) and inserting the following:
“(F) $10,025,852,000 for fiscal year 2018.”
; and
in paragraph (3) by striking “ 2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018” and inserting “ 2018”.
SEC. 104. Small Community Air Service.
Essential Air Service Authorization.— Section 41742(a)(2) of title 49, United States Code, is amended by striking “ 2016” and all that follows through “ 2018,” and inserting “ 2016 and 2017, and $150,000,000 for fiscal year 2018”.
Airports Not Receiving Sufficient Service.— Section 41743(e)(2) of title 49, United States Code, is amended by striking “ 2012” and all that follows through “ 2018,” and inserting “ 2012 through 2017 and $10,000,000 for fiscal year 2018”.
SEC. 105. Air Navigation Facilities and Equipment.
Section 48101(a) of title 49, United States Code, is amended—
in paragraph (5) by striking “ 2016 and 2017” and inserting “ 2016 through 2018”; and
by striking paragraph (6).
SEC. 106. Research, Engineering, and Development.
Section 48102(a)(10) of title 49, United States Code, is amended to read as follows:
“(10) $176,500,000 for fiscal year 2018.”
SEC. 107. Funding for Aviation Programs.
The budget authority authorized in this title, including the amendments made by this title, shall be deemed to satisfy the requirements of subsections (a)(1)(B) and (a)(2) of section 48114 of title 49, United States Code, for fiscal year 2018.
SEC. 108. Controller Hiring.
Section 44506(f) of title 49, United States Code, is amended—
in paragraph (1) by adding at the end the following:
“(C) Special rule.—
“(i) In general.—Notwithstanding subparagraph (B), after giving preferential consideration to applicants under subparagraph (A) and if, after consulting with the labor organization recognized as the exclusive representative of air traffic controllers under section 7111 of title 5, the Administrator determines there are unique circumstances affecting a covered facility that warrant a vacancy announcement with a limited area of consideration, the Administrator may consider applicants for the position of air traffic controller who apply under a vacancy announcement recruiting from the local commuting area for that covered facility.
“(ii) Biographical assessments.—The Administrator shall not use any biographical assessment with respect to an applicant under this subparagraph who would otherwise qualify as a Pool 1 applicant under subparagraph (B)(ii).
“(iii) Covered facility defined.—In this subparagraph the term ‘covered facility’ means a radar facility with at least 1,000,000 operations annually that is located in a metropolitan statistical area (as defined by the Office of Management and Budget) with a population estimate by the Bureau of the Census of more than 15,000,000 (as of July 1, 2016).”
; and
in paragraph (3)—
by inserting “ except for individuals covered by the program described in paragraph (4),” after “ section 3307 of title 5,”; and
by adding at the end the following:
“(4) Retired military controllers.—The Administrator may establish a program to provide an original appointment to a position as an air traffic controller for individuals who—
“(A) are on terminal leave pending retirement from active duty military service or have retired from active duty military service within 5 years of applying for the appointment; and
“(B) have held either an air traffic certification or air traffic control facility rating according to Administration standards within 5 years of applying for the appointment.”
Subtitle B Aviation Revenue Provisions
SEC. 201. Expenditure Authority from Airport and Airway Trust Fund.
In General.— Section 9502(d)(1) of the Internal Revenue Code of 1986 is amended—
in the matter preceding subparagraph (A) by striking “ April 1, 2018” and inserting “ October 1, 2018”; and
in subparagraph (A) by striking the semicolon at the end and inserting “ or the Airport and Airway Extension Act of 2018;”.
Conforming Amendment.— Section 9502(e)(2) of such Code is amended by striking “ April 1, 2018” and inserting “ October 1, 2018”.
SEC. 202. Extension of Taxes Funding Airport and Airway Trust Fund.
Fuel Taxes.— Section 4081(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking “ March 31, 2018” and inserting “ September 30, 2018”.
Ticket Taxes.—
Persons.— Section 4261(k)(1)(A)(ii) of such Code is amended by striking “ March 31, 2018” and inserting “ September 30, 2018”.
Property.— Section 4271(d)(1)(A)(ii) of such Code is amended by striking “ March 31, 2018” and inserting “ September 30, 2018”.
Fractional Ownership Programs.—
Treatment as noncommercial aviation.— Section 4083(b) of such Code is amended by striking “ April 1, 2018” and inserting “ October 1, 2018”.
Exemption from ticket taxes.— Section 4261(j) of such Code is amended by striking “ March 31, 2018” and inserting “ September 30, 2018”.
TITLE II Immigration Extensions
Sec. 201.
Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by substituting “September 30, 2018” for “September 30, 2015”.
Sec. 202.
Subclauses 101(a)(27)(C)(ii)(II) and (III) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by substituting “September 30, 2018” for “September 30, 2015”.
Sec. 203.
Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by substituting “September 30, 2018” for “September 30, 2015”.
Sec. 204.
Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting “September 30, 2018” for “September 30, 2015”.
Sec. 205.
Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon the determination that the needs of American businesses cannot be satisfied in fiscal year 2018 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.
TITLE III National Flood Insurance Program Extension
Sec. 301.
Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting “July 31, 2018” for “September 30, 2017”.
TITLE IV Pesticide Registration Improvement Act Extension
Sec. 401.
The following sections of the Federal Insecticide, Fungicide, and Rodenticide Act shall continue in effect through September 30, 2018—
subparagraphs (C) through (E) of section 4(i)(1) (7 U.S.C. 136a–1(i)(1)(C)–(E));
section 4(k)(3) (7 U.S.C. 136a–1(k)(3));
section 4(k)(4) (7 U.S.C. 136a–1(k)(4)); and
section 33(c)(3)(B) (7 U.S.C. 136w–8(c)(3)(B)).
Section 4(i)(1)(I) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(1)(I)) shall be applied by substituting “September 30, 2018” for “September 30, 2017”.
Notwithstanding section 33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w–8(m)(1)) shall be applied by substituting “September 30, 2018” for “September 30, 2017”.
Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by substituting “September 30, 2018” for “September 30, 2017”.
TITLE V Generalized System of Preferences
SEC. 501. Extension of Generalized System of Preferences.
In General.— Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking “ December 31, 2017” and inserting “ December 31, 2020”.
Effective Date.—
In general.— The amendment made by subsection (a) shall apply to articles entered on or after the 30th day after the date of the enactment of this Act.
Retroactive application for certain liquidations and reliquidations.—
In general.— Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of a covered article to which duty-free treatment or other preferential treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have applied if the entry had been made on December 31, 2017, that was made—
after December 31, 2017, and
before the effective date specified in paragraph (1),
shall be liquidated or reliquidated as though such entry occurred on the effective date specified in paragraph (1).
Requests.— A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection—
to locate the entry; or
to reconstruct the entry if it cannot be located.
Payment of amounts owed.— Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of a covered article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).
Definitions.— In this subsection:
Covered article.— The term “covered article” means an article from a country that is a beneficiary developing country under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) as of the effective date specified in paragraph (1).
Enter; entry.— The terms “enter” and “entry” include a withdrawal from warehouse for consumption.
Annual Report on Enforcement of Eligibility Criteria.— Not later than 1 year after the date of the enactment of this Act, and annually thereafter through December 31, 2020, the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on efforts to ensure that countries designated as beneficiary developing countries under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) are meeting the eligibility criteria set forth in section 502(c) of such Act (19 U.S.C. 2462(c)).
SEC. 502. Technical Modification to Procedures for Competitive Need Limitation and Waivers.
Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is amended—
in subsection (c)(2)—
in the matter following subparagraph (A)(i)(II), by striking “ July 1” and inserting “ November 1”; and
in subparagraph (E), by striking “ on January 1, 1995” and inserting “ in any of the preceding 3 calendar years”; and
in subsection (d), by striking “ July 1” each place it appears and inserting “ November 1”.
SEC. 503. Customs User Fees.
Section 13031(j)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by striking “ February 24, 2027” and inserting “ July 21, 2027”.
TITLE VI Judicial Redaction Authority Extension
SEC. 601. Extension of Redaction Authority Concerning Sensitive Security Information.
Section 105(b)(3)(E) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking “ 2017” both places it appears and inserting “ 2027”.
TITLE VII Budgetary Effects
SEC. 701. Budgetary Effects.
Statutory PAYGO Scorecards.— The budgetary effects of this division and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
Senate PAYGO Scorecards.— The budgetary effects of this division and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
Classification of Budgetary Effects.— Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division and each succeeding division shall not be estimated—
for purposes of section 251 of such Act; and
for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.