S.Amdt. 3469

SA 3469. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to
permanently extend increased expensing limitations, and for other
purposes; which was ordered to lie on the table; as follows:

On page 353, between lines 15 and 16, insert the following:
(d) Incorporation of Cybersecurity Into Requirements for
Air Carrier Operating Certificates and Production
Certificates.--
(1) Regulations.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Transportation,
in consultation with the Secretary of Defense, the Secretary
of Homeland Security, the Attorney General, the Federal
Communications Commission, and the Director of National
Intelligence, shall prescribe regulations to incorporate
requirements relating to cybersecurity into the requirements
for obtaining an air carrier operating certificate or a
production certificate under chapter 447 of title 49, United
States Code.
(2) Requirements.--In prescribing the regulations required
by paragraph (1), the Secretary shall--
(A) require all entry points to the electronic systems of
each aircraft operating in United States airspace and
maintenance or ground support systems for such aircraft to be
equipped with reasonable measures to protect against
cyberattacks, including the use of isolation measures to
separate critical software systems from noncritical software
systems;
(B) require the periodic evaluation of the measures
described in subparagraph (A) for security vulnerabilities
using best security practices, including the appropriate
application of techniques such as penetration testing, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, the Attorney General, the Federal
Communications Commission, and the Director of National
Intelligence; and
(C) require the measures described in subparagraph (A) to
be periodically updated based on the results of the
evaluations conducted under subparagraph (B).
(3) Definitions.--In this subsection:
(A) Cyberattack.--The term ``cyberattack'' means the
unauthorized access to aircraft electronic control or
communications systems or maintenance or ground support
systems for aircraft, either wirelessly or through a wired
connection.
(B) Critical software systems.--The term ``critical
software systems'' means software systems that can affect
control over the operation of an aircraft.
(C) Entry point.--The term ``entry point'' means the means
by which signals to control a system on board an aircraft or
a maintenance or ground support system for aircraft may be
sent or received.
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