[115th Congress Public Law 254]
[From the U.S. Government Publishing Office]
[[Page 3185]]
FAA REAUTHORIZATION ACT OF 2018
<star> (Star Print)
[[Page 132 STAT. 3186]]
Public Law 115-254
115th Congress
An Act
To provide protections for certain sports medicine professionals, to
reauthorize Federal aviation programs, to improve aircraft safety
certification processes, and for other purposes. <<NOTE: Oct. 5,
2018 - [H.R. 302]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: FAA
Reauthorization Act of 2018.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 49 USC 40101 note.>> Short Title.--This Act may be
cited as the ``FAA Reauthorization Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--SPORTS MEDICINE LICENSURE
Sec. 11. Short title.
Sec. 12. Protections for covered sports medicine professionals.
DIVISION B--FAA REAUTHORIZATION ACT OF 2018
Sec. 101. Definition of appropriate committees of Congress.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 111. Airport planning and development and noise compatibility
planning and programs.
Sec. 112. Facilities and equipment.
Sec. 113. FAA operations.
Sec. 114. Weather reporting programs.
Sec. 115. Adjustment to AIP program funding.
Sec. 116. Funding for aviation programs.
Sec. 117. Extension of expiring authorities.
Subtitle B--Passenger Facility Charges
Sec. 121. Passenger facility charge modernization.
Sec. 122. Future aviation infrastructure and financing study.
Sec. 123. Intermodal access projects.
Subtitle C--Airport Improvement Program Modifications
Sec. 131. Grant assurances.
Sec. 132. Mothers' rooms.
Sec. 133. Contract Tower Program.
Sec. 134. Government share of project costs.
Sec. 135. Updated veterans' preference.
Sec. 136. Use of State highway specifications.
Sec. 137. Former military airports.
Sec. 138. Eligibility of CCTV projects for airport improvement program.
Sec. 139. State block grant program expansion.
Sec. 140. Non-movement area surveillance pilot program.
Sec. 141. Property conveyance releases.
Sec. 142. Study regarding technology usage at airports.
Sec. 143. Study on airport revenue diversion.
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Sec. 144. GAO study on the effect of granting an exclusive right of
aeronautical services to an airport sponsor.
Sec. 145. Sense of Congress on smart airports.
Sec. 146. Critical airfield markings.
Sec. 147. General facilities authority.
Sec. 148. Recycling plans; uncategorized small airports.
Sec. 149. Evaluation of airport master plans.
Sec. 150. Definition of small business concern.
Sec. 151. Small airport regulation relief.
Sec. 152. Construction of certain control towers.
Sec. 153. Nondiscrimination.
Sec. 154. Definition of airport development.
Sec. 155. General aviation airport expired funds.
Sec. 156. Priority review of construction projects in cold weather
States.
Sec. 157. Minority and disadvantaged business participation.
Sec. 158. Supplemental discretionary funds.
Sec. 159. State taxation.
Sec. 160. Airport investment partnership program.
Sec. 161. Remote tower pilot program for rural and small communities.
Sec. 162. Airport access roads in remote locations.
Sec. 163. Limited regulation of non-federally sponsored property.
Sec. 164. Seasonal airports.
Sec. 165. Amendments to definitions.
Sec. 166. Pilot program sunsets.
Sec. 167. Buy America requirements.
Subtitle D--Airport Noise and Environmental Streamlining
Sec. 171. Funding eligibility for airport energy efficiency assessments.
Sec. 172. Authorization of certain flights by stage 2 aircraft.
Sec. 173. Alternative airplane noise metric evaluation deadline.
Sec. 174. Updating airport noise exposure maps.
Sec. 175. Addressing community noise concerns.
Sec. 176. Community involvement in FAA NextGen projects located in
metroplexes.
Sec. 177. Lead emissions.
Sec. 178. Terminal sequencing and spacing.
Sec. 179. Airport noise mitigation and safety study.
Sec. 180. Regional ombudsmen.
Sec. 181. FAA leadership on civil supersonic aircraft.
Sec. 182. Mandatory use of the New York North Shore Helicopter Route.
Sec. 183. State standards for airport pavements.
Sec. 184. Eligibility of pilot program airports.
Sec. 185. Grandfathering of certain deed agreements granting through-
the-fence access to general aviation airports.
Sec. 186. Stage 3 aircraft study.
Sec. 187. Aircraft noise exposure.
Sec. 188. Study regarding day-night average sound levels.
Sec. 189. Study on potential health and economic impacts of overflight
noise.
Sec. 190. Environmental mitigation pilot program.
Sec. 191. Extending aviation development streamlining.
Sec. 192. Zero-emission vehicles and technology.
TITLE II--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
Sec. 201. Definitions.
Sec. 202. Safety Oversight and Certification Advisory Committee.
Subtitle B--Aircraft Certification Reform
Sec. 211. Aircraft certification performance objectives and metrics.
Sec. 212. Organization designation authorizations.
Sec. 213. ODA review.
Sec. 214. Type certification resolution process.
Sec. 215. Review of certification process for small general aviation
airplanes.
Sec. 216. ODA staffing and oversight.
Subtitle C--Flight Standards Reform
Sec. 221. Flight standards performance objectives and metrics.
Sec. 222. FAA task force on flight standards reform.
Sec. 223. Centralized safety guidance database.
Sec. 224. Regulatory Consistency Communications Board.
Subtitle D--Safety Workforce
Sec. 231. Safety workforce training strategy.
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Sec. 232. Workforce review.
Subtitle E--International Aviation
Sec. 241. Promotion of United States aerospace standards, products, and
services abroad.
Sec. 242. Bilateral exchanges of safety oversight responsibilities.
Sec. 243. FAA leadership abroad.
Sec. 244. Registration, certification, and related fees.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Definitions.
Sec. 302. FAA technical training.
Sec. 303. Safety critical staffing.
Sec. 304. International efforts regarding tracking of civil aircraft.
Sec. 305. Aircraft data access and retrieval systems.
Sec. 306. Advanced cockpit displays.
Sec. 307. Emergency medical equipment on passenger aircraft.
Sec. 308. FAA and NTSB review of general aviation safety.
Sec. 309. Call to action airline engine safety review.
Sec. 310. Sense of Congress on access to air carrier flight decks.
Sec. 311. Part 135 accident and incident data.
Sec. 312. Sense of Congress; pilot in command authority.
Sec. 313. Report on conspicuity needs for surface vehicles operating on
the airside of air carrier served airports.
Sec. 314. Helicopter air ambulance operations data and reports.
Sec. 315. Aviation rulemaking committee for part 135 pilot rest and duty
rules.
Sec. 316. Report on obsolete test equipment.
Sec. 317. Helicopter fuel system safety.
Sec. 318. Applicability of medical certification standards to operators
of air balloons.
Sec. 319. Designated pilot examiner reforms.
Sec. 320. Voluntary reports of operational or maintenance issues related
to aviation safety.
Sec. 321. Evaluation regarding additional ground based transmitters.
Sec. 322. Improved safety in rural areas.
Sec. 323. Exit rows.
Sec. 324. Comptroller General report on FAA enforcement policy.
Sec. 325. Annual safety incident report.
Sec. 326. Aircraft air quality.
Sec. 327. Approach control radar.
Sec. 328. Report on airline and passenger safety.
Sec. 329. Performance-based standards.
Sec. 330. Report and recommendations on certain aviation safety risks.
Sec. 331. Review of FAA's Aviation Safety Information Analysis and
Sharing System.
Sec. 332. Airport rescue and firefighting.
Sec. 333. Safe air transportation of lithium cells and batteries.
Sec. 334. Runway safety.
Sec. 335. Flight attendant duty period limitations and rest
requirements.
Sec. 336. Secondary cockpit barriers.
Sec. 337. Aircraft cabin evacuation procedures.
Sec. 338. Sense of Congress.
Sec. 339. Civil penalties for interference.
Sec. 339A. National in-flight sexual misconduct task force.
Sec. 339B. Reporting process for sexual misconduct onboard aircraft.
Subtitle B--Unmanned Aircraft Systems
Sec. 341. Definitions; Integration of civil unmanned aircraft systems
into national airspace system.
Sec. 342. Update of FAA comprehensive plan.
Sec. 343. Unmanned aircraft test ranges.
Sec. 344. Small unmanned aircraft in the Arctic.
Sec. 345. Small unmanned aircraft safety standards.
Sec. 346. Public unmanned aircraft systems.
Sec. 347. Special authority for certain unmanned aircraft systems.
Sec. 348. Carriage of property by small unmanned aircraft systems for
compensation or hire.
Sec. 349. Exception for limited recreational operations of unmanned
aircraft.
Sec. 350. Use of unmanned aircraft systems at institutions of higher
education.
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Sec. 351. Unmanned aircraft systems integration pilot program.
Sec. 352. Part 107 transparency and technology improvements.
Sec. 353. Emergency exemption process.
Sec. 354. Treatment of unmanned aircraft operating underground.
Sec. 355. Public UAS operations by Tribal governments.
Sec. 356. Authorization of appropriations for Know Before You Fly
campaign.
Sec. 357. Unmanned aircraft systems privacy policy.
Sec. 358. UAS privacy review.
Sec. 359. Study on fire department and emergency service agency use of
unmanned aircraft systems.
Sec. 360. Study on financing of unmanned aircraft services.
Sec. 361. Report on UAS and chemical aerial application.
Sec. 362. Sense of Congress regarding unmanned aircraft safety.
Sec. 363. Prohibition regarding weapons.
Sec. 364. U.S. Counter-UAS system review of interagency coordination
processes.
Sec. 365. Cooperation related to certain counter-UAS technology.
Sec. 366. Strategy for responding to public safety threats and
enforcement utility of unmanned aircraft systems.
Sec. 367. Incorporation of Federal Aviation Administration occupations
relating to unmanned aircraft into veterans employment
programs of the administration.
Sec. 368. Public UAS access to special use airspace.
Sec. 369. Applications for designation.
Sec. 370. Sense of Congress on additional rulemaking authority.
Sec. 371. Assessment of aircraft registration for small unmanned
aircraft.
Sec. 372. Enforcement.
Sec. 373. Federal and local authorities.
Sec. 374. Spectrum.
Sec. 375. Federal Trade Commission authority.
Sec. 376. Plan for full operational capability of unmanned aircraft
systems traffic management.
Sec. 377. Early implementation of certain UTM services.
Sec. 378. Sense of Congress.
Sec. 379. Commercial and governmental operators.
Sec. 380. Transition language.
Sec. 381. Unmanned aircraft systems in restricted buildings or grounds.
Sec. 382. Prohibition.
Sec. 383. Airport safety and airspace hazard mitigation and enforcement.
Sec. 384. Unsafe operation of unmanned aircraft.
Subtitle C--General Aviation Safety
Sec. 391. Short title.
Sec. 392. Expansion of Pilot's Bill of Rights.
Sec. 393. Notification of reexamination of certificate holders.
Sec. 394. Expediting updates to NOTAM Program.
Sec. 395. Accessibility of certain flight data.
Sec. 396. Authority for legal counsel to issue certain notices.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
Sec. 401. Definitions.
Sec. 402. Reliable air service in American Samoa.
Sec. 403. Cell phone voice communication ban.
Sec. 404. Improved notification of insecticide use.
Sec. 405. Consumer complaints hotline.
Sec. 406. Consumer information on actual flight times.
Sec. 407. Training policies regarding racial, ethnic, and religious
nondiscrimination.
Sec. 408. Training on human trafficking for certain staff.
Sec. 409. Prohibitions against smoking on passenger flights.
Sec. 410. Report on baggage reporting requirements.
Sec. 411. Enforcement of aviation consumer protection rules.
Sec. 412. Strollers.
Sec. 413. Causes of airline delays or cancellations.
Sec. 414. Involuntary changes to itineraries.
Sec. 415. Extension of Advisory Committee for Aviation Consumer
Protection.
Sec. 416. Online access to aviation consumer protection information.
Sec. 417. Protection of pets on airplanes.
Sec. 418. Advisory committee on air ambulance and patient billing.
Sec. 419. Air ambulance complaints to the Department of Transportation.
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Sec. 420. Report to Congress on air ambulance oversight.
Sec. 421. Refunds for other fees that are not honored by a covered air
carrier.
Sec. 422. Advance boarding during pregnancy.
Sec. 423. Consumer complaint process improvement.
Sec. 424. Aviation consumer advocate.
Sec. 425. TICKETS Act.
Sec. 426. Report on availability of lavatories on commercial aircraft.
Sec. 427. Consumer protection requirements relating to large ticket
agents.
Sec. 428. Widespread disruptions.
Sec. 429. Passenger rights.
Subtitle B--Aviation Consumers With Disabilities
Sec. 431. Aviation consumers with disabilities study.
Sec. 432. Study on in-cabin wheelchair restraint systems.
Sec. 433. Improving wheelchair assistance for individuals with
disabilities.
Sec. 434. Airline Passengers with Disabilities Bill of Rights.
Sec. 435. Sense of Congress regarding equal access for individuals with
disabilities.
Sec. 436. Civil penalties relating to harm to passengers with
disabilities.
Sec. 437. Harmonization of service animal standards.
Sec. 438. Review of practices for ticketing, pre-flight seat
assignments, and stowing of assistive devices for passengers
with disabilities.
Sec. 439. Advisory committee on the air travel needs of passengers with
disabilities.
Sec. 440. Regulations ensuring assistance for passengers with
disabilities in air transportation.
Sec. 441. Transparency for disabled passengers.
Subtitle C--Small Community Air Service
Sec. 451. Essential air service authorization.
Sec. 452. Study on essential air service reform.
Sec. 453. Air transportation to noneligible places.
Sec. 454. Inspector general review of service and oversight of
unsubsidized carriers.
Sec. 455. Small community air service.
Sec. 456. Waivers.
Sec. 457. Extension of final order establishing mileage adjustment
eligibility.
Sec. 458. Reduction in subsidy-per-passenger.
TITLE V--MISCELLANEOUS
Sec. 501. Definitions.
Sec. 502. Report on air traffic control modernization.
Sec. 503. Return on investment report.
Sec. 504. Air traffic control operational contingency plans.
Sec. 505. 2020 ADS-B Out mandate plan.
Sec. 506. Securing aircraft avionics systems.
Sec. 507. Human factors.
Sec. 508. Programmatic risk management.
Sec. 509. Review of FAA strategic cybersecurity plan.
Sec. 510. Consolidation and realignment of FAA services and facilities.
Sec. 511. FAA review and reform.
Sec. 512. Air shows.
Sec. 513. Part 91 review, reform, and streamlining.
Sec. 514. Aircraft leasing.
Sec. 515. Pilots sharing flight expenses with passengers.
Sec. 516. Terminal Aerodrome Forecast.
Sec. 517. Public aircraft eligible for logging flight times.
Sec. 518. Aircraft Registry Office.
Sec. 519. FAA data transparency.
Sec. 520. Intra-agency coordination.
Sec. 521. Administrative Services Franchise Fund.
Sec. 522. Automatic dependent surveillance-broadcast.
Sec. 523. Contract weather observers.
Sec. 524. Regions and centers.
Sec. 525. Geosynthetic materials.
Sec. 526. National Airmail Museum.
Sec. 527. Status of agreement between FAA and Little Rock Port
Authority.
Sec. 528. Briefing on aircraft diversions from Los Angeles International
Airport to Hawthorne Municipal Airport.
Sec. 529. TFR report.
Sec. 530. Air traffic services at aviation events.
Sec. 531. Application of veterans' preference to Federal Aviation
Administration personnel management system.
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Sec. 532. Clarification of requirements for living history flights.
Sec. 533. Review and reform of FAA performance management system.
Sec. 534. NextGen delivery study.
Sec. 535. Study on allergic reactions.
Sec. 536. Oxygen mask design study.
Sec. 537. Air cargo study.
Sec. 538. Sense of Congress on preventing the transportation of disease-
carrying mosquitoes and other insects on commercial aircraft.
Sec. 539. Technical corrections.
Sec. 540. Report on illegal charter flights.
Sec. 541. Use of NASA's super guppy aircraft for commercial transport.
Sec. 542. Prohibited airspace assessment.
Sec. 543. Report on multiagency use of airspace and environmental
review.
Sec. 544. Agency procurement reporting requirements.
Sec. 545. FAA organizational reform.
Sec. 546. FAA Civil Aviation Registry upgrade.
Sec. 547. Enhanced air traffic services.
Sec. 548. Sense of Congress on artificial intelligence in aviation.
Sec. 549. Study on cybersecurity workforce of FAA.
Sec. 550. Treatment of multiyear lessees of large and turbine-powered
multiengine aircraft.
Sec. 551. Employee Assault Prevention and Response Plans.
Sec. 552. Study on training of customer-facing air carrier employees.
Sec. 553. Automated weather observing systems policy.
Sec. 554. Prioritizing and supporting the Human Intervention Motivation
Study (HIMS) program and the Flight Attendant Drug and
Alcohol Program (FADAP).
Sec. 555. Cost-effectiveness analysis of equipment rental.
Sec. 556. Aircraft registration.
Sec. 557. Requirement to consult with stakeholders in defining scope and
requirements for future flight service program.
Sec. 558. Federal Aviation Administration performance measures and
targets.
Sec. 559. Report on plans for air traffic control facilities in the New
York City and Newark region.
Sec. 560. Work plan for the New York/New Jersey/Philadelphia
Metropolitan Area Airspace Project.
Sec. 561. Annual report on inclusion of disabled veteran leave in
personnel management system.
Sec. 562. Enhanced surveillance capability.
Sec. 563. Access of air carriers to information about applicants to be
pilots from national driver register.
Sec. 564. Regulatory reform.
Sec. 565. Aviation fuel.
Sec. 566. Right to privacy when using air traffic control system.
Sec. 567. Federal Aviation Administration workforce review.
Sec. 568. Review of approval process for use of large air tankers and
very large air tankers for wildland firefighting.
Sec. 569. FAA technical workforce.
Sec. 570. Study on airport credit assistance.
Sec. 571. Spectrum availability.
Sec. 572. Special review relating to air space changes.
Sec. 573. Reimbursement for immigration inspections.
Sec. 574. FAA employees in Guam.
Sec. 575. GAO study on airline computer network disruptions.
Sec. 576. Tower marking.
Sec. 577. Minimum dimensions for passenger seats.
Sec. 578. Judicial review for proposed alternative environmental review
and approval procedures.
Sec. 579. Regulatory streamlining.
Sec. 580. Spaceports.
Sec. 581. Special rule for certain aircraft operations (space support
vehicles).
Sec. 582. Portability of repairman certificates.
Sec. 583. Undeclared hazardous materials public awareness campaign.
Sec. 584. Liability protection for volunteer pilots who fly for the
public benefit.
TITLE VI--AVIATION WORKFORCE
Subtitle A--Youth in Aviation
Sec. 601. Student outreach report.
Sec. 602. Youth Access to American Jobs in Aviation Task Force.
Subtitle B--Women in Aviation
Sec. 611. Sense of Congress regarding women in aviation.
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Sec. 612. Supporting women's involvement in the aviation field.
Subtitle C--Future of Aviation Workforce
Sec. 621. Aviation and aerospace workforce of the future.
Sec. 622. Aviation and aerospace workforce of the future study.
Sec. 623. Sense of Congress on hiring veterans.
Sec. 624. Aviation maintenance industry technical workforce.
Sec. 625. Aviation workforce development programs.
Subtitle D--Unmanned Aircraft Systems Workforce
Sec. 631. Community and technical college centers of excellence in small
unmanned aircraft system technology training.
Sec. 632. Collegiate training initiative program for unmanned aircraft
systems.
TITLE VII--FLIGHT R&D ACT
Subtitle A--General Provisions
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Authorization of appropriations.
Subtitle B--FAA Research and Development Organization
Sec. 711. Assistant Administrator for Research and Development.
Sec. 712. Research advisory committee.
Subtitle C--Unmanned Aircraft Systems
Sec. 721. Unmanned aircraft systems research and development roadmap.
Subtitle D--Cybersecurity and Responses to Other Threats
Sec. 731. Cyber Testbed.
Sec. 732. Study on the effect of extreme weather on air travel.
Subtitle E--FAA Research and Development Activities
Sec. 741. Research plan for the certification of new technologies into
the national airspace system.
Sec. 742. Technology review.
Sec. 743. CLEEN aircraft and engine technology partnership.
Sec. 744. Research and deployment of certain airfield pavement
technologies.
Subtitle F--Geospatial Data
Sec. 751. Short title; findings.
Sec. 752. Definitions.
Sec. 753. Federal Geographic Data Committee.
Sec. 754. National Geospatial Advisory Committee.
Sec. 755. National Spatial Data Infrastructure.
Sec. 756. National Geospatial Data Asset data themes.
Sec. 757. Geospatial data standards.
Sec. 758. GeoPlatform.
Sec. 759. Covered agency responsibilities.
Sec. 759A. Limitation on use of Federal funds.
Sec. 759B. Savings provision.
Sec. 759C. Private sector.
Subtitle G--Miscellaneous
Sec. 761. NextGen research.
Sec. 762. Advanced Materials Center of Excellence.
TITLE VIII--AVIATION REVENUE PROVISIONS
Sec. 801. Expenditure authority from Airport and Airway Trust Fund.
Sec. 802. Extension of taxes funding Airport and Airway Trust Fund.
DIVISION C--NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF
2018
Sec. 1101. Short title.
Sec. 1102. Definitions.
Sec. 1103. Authorization of appropriations.
Sec. 1104. Still images.
Sec. 1105. Electronic records.
Sec. 1106. Report on Most Wanted List methodology.
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Sec. 1107. Methodology.
Sec. 1108. Multimodal accident database management system.
Sec. 1109. Addressing the needs of families of individuals involved in
accidents.
Sec. 1110. Government Accountability Office report on investigation
launch decision-making processes.
Sec. 1111. Periodic review of safety recommendations.
Sec. 1112. General organization.
Sec. 1113. Technical and conforming amendments.
DIVISION D--DISASTER RECOVERY REFORM
Sec. 1201. Short title.
Sec. 1202. Applicability.
Sec. 1203. Definitions.
Sec. 1204. Wildfire prevention.
Sec. 1205. Additional activities.
Sec. 1206. Eligibility for code implementation and enforcement.
Sec. 1207. Program improvements.
Sec. 1208. Prioritization of facilities.
Sec. 1209. Guidance on evacuation routes.
Sec. 1210. Duplication of benefits.
Sec. 1211. State administration of assistance for direct temporary
housing and permanent housing construction.
Sec. 1212. Assistance to individuals and households.
Sec. 1213. Multifamily lease and repair assistance.
Sec. 1214. Private nonprofit facility.
Sec. 1215. Management costs.
Sec. 1216. Flexibility.
Sec. 1217. Additional disaster assistance.
Sec. 1218. National veterinary emergency teams.
Sec. 1219. Right of arbitration.
Sec. 1220. Unified Federal environmental and historic preservation
review.
Sec. 1221. Closeout incentives.
Sec. 1222. Performance of services.
Sec. 1223. Study to streamline and consolidate information collection.
Sec. 1224. Agency accountability.
Sec. 1225. Audit of contracts.
Sec. 1226. Inspector general audit of FEMA contracts for tarps and
plastic sheeting.
Sec. 1227. Relief organizations.
Sec. 1228. Guidance on inundated and submerged roads.
Sec. 1229. Extension of assistance.
Sec. 1230. Guidance and recommendations.
Sec. 1231. Guidance on hazard mitigation assistance.
Sec. 1232. Local impact.
Sec. 1233. Additional hazard mitigation activities.
Sec. 1234. National public infrastructure predisaster hazard mitigation.
Sec. 1235. Additional mitigation activities.
Sec. 1236. Guidance and training by FEMA on coordination of emergency
response plans.
Sec. 1237. Certain recoupment prohibited.
Sec. 1238. Federal assistance to individuals and households and
nonprofit facilities.
Sec. 1239. Cost of assistance estimates.
Sec. 1240. Report on insurance shortfalls.
Sec. 1241. Post disaster building safety assessment.
Sec. 1242. FEMA updates on national preparedness assessment.
Sec. 1243. FEMA report on duplication in non-natural disaster
preparedness grant programs.
Sec. 1244. Study and report.
Sec. 1245. Review of assistance for damaged underground water
infrastructure.
Sec. 1246. Extension.
DIVISION E--CONCRETE MASONRY
Sec. 1301. Short title.
Sec. 1302. Declaration of policy.
Sec. 1303. Definitions.
Sec. 1304. Issuance of orders.
Sec. 1305. Required terms in orders.
Sec. 1306. Assessments.
Sec. 1307. Referenda.
Sec. 1308. Petition and review.
Sec. 1309. Enforcement.
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Sec. 1310. Investigation and power to subpoena.
Sec. 1311. Suspension or termination.
Sec. 1312. Amendments to orders.
Sec. 1313. Effect on other laws.
Sec. 1314. Regulations.
Sec. 1315. Limitation on expenditures for administrative expenses.
Sec. 1316. Limitations on obligation of funds.
Sec. 1317. Study and report by the Government Accountability Office.
Sec. 1318. Study and report by the Department of Commerce.
DIVISION F--BUILD ACT OF 2018
Sec. 1401. Short title.
Sec. 1402. Definitions.
TITLE I--ESTABLISHMENT
Sec. 1411. Statement of policy.
Sec. 1412. United States International Development Finance Corporation.
Sec. 1413. Management of Corporation.
Sec. 1414. Inspector General of the Corporation.
Sec. 1415. Independent accountability mechanism.
TITLE II--AUTHORITIES
Sec. 1421. Authorities relating to provision of support.
Sec. 1422. Terms and conditions.
Sec. 1423. Payment of losses.
Sec. 1424. Termination.
TITLE III--ADMINISTRATIVE AND GENERAL PROVISIONS
Sec. 1431. Operations.
Sec. 1432. Corporate powers.
Sec. 1433. Maximum contingent liability.
Sec. 1434. Corporate funds.
Sec. 1435. Coordination with other development agencies.
TITLE IV--MONITORING, EVALUATION, AND REPORTING
Sec. 1441. Establishment of risk and audit committees.
Sec. 1442. Performance measures, evaluation, and learning.
Sec. 1443. Annual report.
Sec. 1444. Publicly available project information.
Sec. 1445. Engagement with investors.
Sec. 1446. Notifications to be provided by the Corporation.
TITLE V--CONDITIONS, RESTRICTIONS, AND PROHIBITIONS
Sec. 1451. Limitations and preferences.
Sec. 1452. Additionality and avoidance of market distortion.
Sec. 1453. Prohibition on support in countries that support terrorism or
violate human rights and with sanctioned persons.
Sec. 1454. Applicability of certain provisions of law.
TITLE VI--TRANSITIONAL PROVISIONS
Sec. 1461. Definitions.
Sec. 1462. Reorganization plan.
Sec. 1463. Transfer of functions.
Sec. 1464. Termination of Overseas Private Investment Corporation and
other superceded authorities.
Sec. 1465. Transitional authorities.
Sec. 1466. Savings provisions.
Sec. 1467. Other terminations.
Sec. 1468. Incidental transfers.
Sec. 1469. Reference.
Sec. 1470. Conforming amendments.
DIVISION G--SYRIA STUDY GROUP
Sec. 1501. Syria Study Group.
DIVISION H--PREVENTING EMERGING THREATS
Sec. 1601. Short title.
Sec. 1602. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1603. Protecting against unmanned aircraft.
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DIVISION I--SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF, 2018
Sec. 1701. Budgetary effects.
DIVISION J--MARITIME SECURITY
Sec. 1801. Short title.
Sec. 1802. Definitions.
Sec. 1803. Coordination with TSA on maritime facilities.
Sec. 1804. Strategic plan to enhance the security of the international
supply chain.
Sec. 1805. Cybersecurity information sharing and coordination in ports.
Sec. 1806. Facility inspection intervals.
Sec. 1807. Updates of maritime operations coordination plan.
Sec. 1808. Evaluation of Coast Guard deployable specialized forces.
Sec. 1809. Repeal of interagency operational centers for port security
and secure systems of transportation.
Sec. 1810. Duplication of efforts in the maritime domain.
Sec. 1811. Maritime security capabilities assessments.
Sec. 1812. Container Security Initiative.
Sec. 1813. Maritime border security review.
Sec. 1814. Maritime border security cooperation.
Sec. 1815. Transportation worker identification credential appeals
process.
Sec. 1816. Technical and conforming amendments.
DIVISION K--TRANSPORTATION SECURITY
TITLE I--TRANSPORTATION SECURITY
Sec. 1901. Short title; references.
Sec. 1902. Definitions.
Subtitle A--Organization and Authorizations
Sec. 1903. Authorization of appropriations.
Sec. 1904. Administrator of the Transportation Security Administration;
5-year term.
Sec. 1905. Transportation Security Administration organization.
Sec. 1906. Transportation Security Administration efficiency.
Sec. 1907. Personnel management system review.
Sec. 1908. TSA leap pay reform.
Sec. 1909. Rank awards program for transportation security
administration executives and senior professionals.
Sec. 1910. Transmittals to Congress.
Subtitle B--Security Technology
Sec. 1911. Third party testing and verification of screening technology.
Sec. 1912. Transportation security administration systems integration
facility.
Sec. 1913. Opportunities to pursue expanded networks for business.
Sec. 1914. Reciprocal recognition of security standards.
Sec. 1915. Transportation Security Laboratory.
Sec. 1916. Innovation Task Force.
Sec. 1917. 5-Year technology investment plan update.
Sec. 1918. Maintenance of security-related technology.
Sec. 1919. Biometrics expansion.
Sec. 1920. Pilot program for automated exit lane technology.
Sec. 1921. Authorization of appropriations; exit lane security.
Sec. 1922. Real-time security checkpoint wait times.
Sec. 1923. GAO report on deployment of screening technologies across
airports.
Sec. 1924. Screening technology review and performance objectives.
Sec. 1925. Computed tomography pilot programs.
Subtitle C--Public Area Security
Sec. 1926. Definitions.
Sec. 1927. Explosives detection canine capacity building.
Sec. 1928. Third party domestic canines.
Sec. 1929. Tracking and monitoring of canine training and testing.
Sec. 1930. VIPR team statistics.
Sec. 1931. Public area security working group.
Sec. 1932. Public area best practices.
Sec. 1933. Airport worker access controls cost and feasibility study.
Sec. 1934. Securing airport worker access points.
Sec. 1935. Law Enforcement Officer Reimbursement Program.
Sec. 1936. Airport perimeter and access control security.
[[Page 132 STAT. 3196]]
Subtitle D--Passenger and Cargo Security
Sec. 1937. PreCheck Program.
Sec. 1938. PreCheck expedited screening.
Sec. 1939. Trusted traveler programs; collaboration.
Sec. 1940. Passenger security fee.
Sec. 1941. Third party canine teams for air cargo security.
Sec. 1942. Known Shipper Program review.
Sec. 1943. Establishment of air cargo security division.
Sec. 1944. Air cargo regulation review.
Sec. 1945. GAO review.
Sec. 1946. Screening partnership program updates.
Sec. 1947. Screening performance assessments.
Sec. 1948. Transportation security training programs.
Sec. 1949. Traveler redress improvement.
Sec. 1950. Improvements for screening of passengers with disabilities.
Sec. 1951. Air cargo advance screening program.
Sec. 1952. General aviation airports.
Subtitle E--Foreign Airport Security
Sec. 1953. Last point of departure airports; security directives.
Sec. 1954. Last point of departure airport assessment.
Sec. 1955. Tracking security screening equipment from last point of
departure airports.
Sec. 1956. International security standards.
Sec. 1957. Aviation security in Cuba.
Sec. 1958. Report on airports used by Mahan Air.
Subtitle F--Cockpit and Cabin Security
Sec. 1959. Federal air marshal service updates.
Sec. 1960. Crew member self-defense training.
Sec. 1961. Flight deck safety and security.
Sec. 1962. Carriage of weapons, explosives, and incendiaries by
individuals.
Sec. 1963. Federal flight deck officer program improvements.
Subtitle G--Surface Transportation Security
Sec. 1964. Surface transportation security assessment and implementation
of risk-based strategy.
Sec. 1965. Risk-based budgeting and resource allocation.
Sec. 1966. Surface transportation security management and interagency
coordination review.
Sec. 1967. Transparency.
Sec. 1968. TSA counterterrorism asset deployment.
Sec. 1969. Surface Transportation Security Advisory Committee.
Sec. 1970. Review of the explosives detection canine team program.
Sec. 1971. Expansion of national explosives detection canine team
program.
Sec. 1972. Study on security standards and best practices for passenger
transportation systems.
Sec. 1973. Amtrak security upgrades.
Sec. 1974. Passenger rail vetting.
Sec. 1975. Study on surface transportation inspectors.
Sec. 1976. Security awareness program.
Sec. 1977. Voluntary use of credentialing.
Sec. 1978. Background records checks for issuance of hazmat licenses.
Sec. 1979. Cargo container scanning technology review.
Sec. 1980. Pipeline security study.
Sec. 1981. Feasibility assessment.
Sec. 1982. Best practices to secure against vehicle-based attacks.
Sec. 1983. Surface transportation stakeholder survey.
Sec. 1984. Nuclear material and explosive detection technology.
Subtitle H--Transportation Security
Sec. 1985. National strategy for transportation security review.
Sec. 1986. Risk scenarios.
Sec. 1987. Integrated and unified operations centers.
Sec. 1988. National Deployment Force.
Sec. 1989. Information sharing and cybersecurity.
Sec. 1990. Security technologies tied to foreign threat countries.
Subtitle I--Conforming and Miscellaneous Amendments
Sec. 1991. Title 49 amendments.
[[Page 132 STAT. 3197]]
Sec. 1992. Table of contents of chapter 449.
Sec. 1993. Other laws; Intelligence Reform and Terrorism Prevention Act
of 2004.
Sec. 1994. Savings provisions.
DIVISION A <<NOTE: Sports Medicine Licensure Clarity Act of 2018.>> --
SPORTS MEDICINE LICENSURE
SEC. 11. <<NOTE: 15 USC 8601 note.>> SHORT TITLE.
This division may be cited as the ``Sports Medicine Licensure
Clarity Act of 2018''.
SEC. 12. <<NOTE: 15 USC 8601.>> PROTECTIONS FOR COVERED SPORTS
MEDICINE PROFESSIONALS.
(a) In General.--In the case of a covered sports medicine
professional who has in effect medical professional liability insurance
coverage and provides in a secondary State covered medical services that
are within the scope of practice of such professional in the primary
State to an athlete or an athletic team (or a staff member of such an
athlete or athletic team) pursuant to an agreement described in
subsection (c)(4) with respect to such athlete or athletic team--
(1) such medical professional liability insurance coverage
shall cover (subject to any related premium adjustments) such
professional with respect to such covered medical services
provided by the professional in the secondary State to such an
individual or team as if such services were provided by such
professional in the primary State to such an individual or team;
and
(2) to the extent such professional is licensed under the
requirements of the primary State to provide such services to
such an individual or team, the professional shall be treated as
satisfying any licensure requirements of the secondary State to
provide such services to such an individual or team to the
extent the licensure requirements of the secondary State are
substantially similar to the licensure requirements of the
primary State.
(b) Rule of Construction.--Nothing in this section shall be
construed--
(1) to allow a covered sports medicine professional to
provide medical services in the secondary State that exceed the
scope of that professional's license in the primary State;
(2) to allow a covered sports medicine professional to
provide medical services in the secondary State that exceed the
scope of a substantially similar sports medicine professional
license in the secondary State;
(3) to supersede any reciprocity agreement in effect between
the two States regarding such services or such professionals;
(4) to supersede any interstate compact agreement entered
into by the two States regarding such services or such
professionals; or
(5) to supersede a licensure exemption the secondary State
provides for sports medicine professionals licensed in the
primary State.
(c) Definitions.--In this division, the following definitions apply:
(1) Athlete.--The term ``athlete'' means--
[[Page 132 STAT. 3198]]
(A) an individual participating in a sporting event
or activity for which the individual may be paid;
(B) an individual participating in a sporting event
or activity sponsored or sanctioned by a national
governing body; or
(C) an individual for whom a high school or
institution of higher education provides a covered
sports medicine professional.
(2) Athletic team.--The term ``athletic team'' means a
sports team--
(A) composed of individuals who are paid to
participate on the team;
(B) composed of individuals who are participating in
a sporting event or activity sponsored or sanctioned by
a national governing body; or
(C) for which a high school or an institution of
higher education provides a covered sports medicine
professional.
(3) Covered medical services.--The term ``covered medical
services'' means general medical care, emergency medical care,
athletic training, or physical therapy services. Such term does
not include care provided by a covered sports medicine
professional--
(A) at a health care facility; or
(B) while a health care provider licensed to
practice in the secondary State is transporting the
injured individual to a health care facility.
(4) Covered sports medicine professional.--The term
``covered sports medicine professional'' means a physician,
athletic trainer, or other health care professional who--
(A) is licensed to practice in the primary State;
(B) provides covered medical services, pursuant to a
written agreement with an athlete, an athletic team, a
national governing body, a high school, or an
institution of higher education; and
(C) prior to providing the covered medical services
described in subparagraph (B), has disclosed the nature
and extent of such services to the entity that provides
the professional with liability insurance in the primary
State.
(5) Health care facility.--The term ``health care facility''
means a facility in which medical care, diagnosis, or treatment
is provided on an inpatient or outpatient basis. Such term does
not include facilities at an arena, stadium, or practice
facility, or temporary facilities existing for events where
athletes or athletic teams may compete.
(6) Institution of higher education.--The term ``institution
of higher education'' has the meaning given such term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(7) License.--The term ``license'' or ``licensure'', as
applied with respect to a covered sports medicine professional,
means a professional that has met the requirements and is
approved to provide covered medical services in accordance with
State laws and regulations in the primary State. Such term may
include the registration or certification, or any other form of
special recognition, of an individual as such a professional, as
applicable.
[[Page 132 STAT. 3199]]
(8) National governing body.--The term ``national governing
body'' has the meaning given such term in section 220501 of
title 36, United States Code.
(9) Primary state.--The term ``primary State'' means, with
respect to a covered sports medicine professional, the State in
which--
(A) the covered sports medicine professional is
licensed to practice; and
(B) the majority of the covered sports medicine
professional's practice is underwritten for medical
professional liability insurance coverage.
(10) Secondary state.--The term ``secondary State'' means,
with respect to a covered sports medicine professional, any
State that is not the primary State.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
(12) Substantially similar.--The term ``substantially
similar'', with respect to the licensure by primary and
secondary States of a sports medicine professional, means that
both the primary and secondary States have in place a form of
licensure for such professionals that permits such professionals
to provide covered medical services.
DIVISION B--FAA REAUTHORIZATION ACT OF 2018
SEC. 101. <<NOTE: 49 USC 40101 note.>> DEFINITION OF APPROPRIATE
COMMITTEES OF CONGRESS.
In this division, the term ``appropriate committees of Congress''
means the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 111. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103(a) of title 49, United States
Code, is amended by striking ``section 47504(c)'' and all that follows
through the period at the end and inserting the following: ``section
47504(c)--
``(1) $3,350,000,000 for fiscal year 2018;
``(2) $3,350,000,000 for fiscal year 2019;
``(3) $3,350,000,000 for fiscal year 2020;
``(4) $3,350,000,000 for fiscal year 2021;
``(5) $3,350,000,000 for fiscal year 2022; and
``(6) $3,350,000,000 for fiscal year 2023.''.
(b) Obligation Authority.--Section 47104(c) of title 49, United
States Code, is amended in the matter preceding paragraph (1) by
striking ``2018,'' and inserting ``2023,''.
[[Page 132 STAT. 3200]]
SEC. 112. FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations From Airport and Airway Trust
Fund.--Section 48101(a) of title 49, United States Code, is amended by
striking paragraphs (1) through (5) and inserting the following:
``(1) $3,330,000,000 for fiscal year 2018.
``(2) $3,398,000,000 for fiscal year 2019.
``(3) $3,469,000,000 for fiscal year 2020.
``(4) $3,547,000,000 for fiscal year 2021.
``(5) $3,624,000,000 for fiscal year 2022.
``(6) $3,701,000,000 for fiscal year 2023.''.
(b) Authorized Expenditures.--Section 48101(c) of title 49, United
States Code, is amended--
(1) in the subsection heading by striking ``Automated
Surface Observation System/Automated Weather Observing System
Upgrade'' and inserting ``Authorized Expenditures''; and
(2) by striking ``may be used for the implementation'' and
all that follows through the period at the end and inserting the
following: ``may be used for the following:
``(1) The implementation and use of upgrades to the current
automated surface observation system/automated weather observing
system, if the upgrade is successfully demonstrated.
``(2) The acquisition and construction of remote towers (as
defined in section 161 of the FAA Reauthorization Act of 2018).
``(3) The remediation and elimination of identified
cybersecurity vulnerabilities in the air traffic control system.
``(4) The construction of facilities dedicated to improving
the cybersecurity of the National Airspace System.
``(5) Systems associated with the Data Communications
program.
``(6) The infrastructure, sustainment, and the elimination
of the deferred maintenance backlog of air navigation facilities
and other facilities for which the Federal Aviation
Administration is responsible.
``(7) The modernization and digitization of the Civil
Aviation Registry.
``(8) The construction of necessary Priority 1 National
Airspace System facilities.
``(9) Cost-beneficial construction, rehabilitation, or
retrofitting programs designed to reduce Federal Aviation
Administration facility operating costs.''.
SEC. 113. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) of title 49, United States Code,
is amended by striking subparagraphs (A) through (F) and inserting the
following:
``(A) $10,247,000,000 for fiscal year 2018;
``(B) $10,486,000,000 for fiscal year 2019;
``(C) $10,732,000,000 for fiscal year 2020;
``(D) $11,000,000,000 for fiscal year 2021;
``(E) $11,269,000,000 for fiscal year 2022; and
``(F) $11,537,000,000 for fiscal year 2023.''.
(b) Authorized Expenditures.--Section 106(k)(2) of title 49, United
States Code, is amended by adding at the end the following:
``(D) Not more than the following amounts for
commercial space transportation activities:
``(i) $22,587,000 for fiscal year 2018.
[[Page 132 STAT. 3201]]
``(ii) $33,038,000 for fiscal year 2019.
``(iii) $43,500,000 for fiscal year 2020.
``(iv) $54,970,000 for fiscal year 2021.
``(v) $64,449,000 for fiscal year 2022.
``(vi) $75,938,000 for fiscal year 2023.''.
(c) Authority to Transfer Funds.--Section 106(k)(3) of title 49,
United States Code, is amended by striking ``fiscal years 2012 through
2018,'' and inserting ``fiscal years 2018 through 2023,''.
SEC. 114. WEATHER REPORTING PROGRAMS.
Section 48105 of title 49, United States Code, is amended--
(1) by striking ``To reimburse the'' and all that follows
through ``the Secretary of Transportation'' and inserting ``To
sustain the aviation weather reporting programs of the Federal
Aviation Administration, the Secretary of Transportation''; and
(2) by adding at the end the following:
``(4) $39,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 115. ADJUSTMENT TO AIP PROGRAM FUNDING.
Section 48112 of title 49, United States Code, and the item relating
to such section in the analysis for chapter 481 of such
title, <<NOTE: 49 USC 48101 prec.>> are repealed.
SEC. 116. FUNDING FOR AVIATION PROGRAMS.
Section 48114(a)(1)(A)(ii) of title 49, United States Code, is
amended by striking ``in fiscal year 2014 and each fiscal year
thereafter'' and inserting ``in fiscal years 2014 through 2018''.
SEC. 117. EXTENSION OF EXPIRING AUTHORITIES.
(a) Marshall Islands, Micronesia, and Palau.--Section 47115 of title
49, United States Code, is amended--
(1) by striking subsection (i);
(2) by redesignating subsection (j) as subsection (i); and
(3) in subsection (i) (as so redesignated), by striking
``fiscal years 2012 through 2018'' and inserting ``fiscal years
2018 through 2023''.
(b) Extension of Compatible Land Use Planning and Projects by State
and Local Governments.--Section 47141(f) of title 49, United States
Code, is amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(c) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat.
2518) is amended by striking ``for fiscal years 2012 through 2018'' and
inserting ``for fiscal years 2018 through 2023''.
(d) Extension of Pilot Program for Redevelopment of Airport
Properties.--Section 822(k) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 47141 note) is amended by striking ``September 30,
2018'' and inserting ``September 30, 2023''.
Subtitle B--Passenger Facility Charges
SEC. 121. PASSENGER FACILITY CHARGE MODERNIZATION.
(a) Passenger Facility Charges; General Authority.--Section
40117(b)(4) of title 49, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``, if the Secretary finds--'' and inserting a period; and
[[Page 132 STAT. 3202]]
(2) by striking subparagraphs (A) and (B).
(b) Pilot Program for Passenger Facility Charge Authorizations at
Nonhub Airports.--Section 40117(l) of title 49, United States Code, is
amended--
(1) in the heading, by striking ``at Nonhub Airports'';
(2) in paragraph (1), by striking ``nonhub''; and
(3) in paragraph (6), by striking ``Not later than 180 days
after the date of enactment of this subsection, the'' and
inserting ``The''.
SEC. 122. FUTURE AVIATION INFRASTRUCTURE AND FINANCING STUDY.
(a) Future Aviation Infrastructure and Financing Study.--Not later
than 60 days after the date of enactment of this Act, the Secretary of
Transportation shall enter into an agreement with a qualified
organization to conduct a study assessing the infrastructure needs of
airports and existing financial resources for commercial service
airports and make recommendations on the actions needed to upgrade the
national aviation infrastructure system to meet the growing and shifting
demands of the 21st century.
(b) Consultation.--In carrying out the study, the qualified
organization shall convene and consult with a panel of national experts,
including representatives of--
(1) nonhub airports;
(2) small hub airports;
(3) medium hub airports;
(4) large hub airports;
(5) airports with international service;
(6) nonprimary airports;
(7) local elected officials;
(8) relevant labor organizations;
(9) passengers;
(10) air carriers;
(11) the tourism industry; and
(12) the business travel industry.
(c) Considerations.--In carrying out the study, the qualified
organization shall consider--
(1) the ability of airport infrastructure to meet current
and projected passenger volumes;
(2) the available financial tools and resources for airports
of different sizes;
(3) the available financing tools and resources for airports
in rural areas;
(4) the current debt held by airports, and its impact on
future construction and capacity needs;
(5) the impact of capacity constraints on passengers and
ticket prices;
(6) the purchasing power of the passenger facility charge
from the last increase in 2000 to the year of enactment of this
Act;
(7) the impact to passengers and airports of indexing the
passenger facility charge for inflation;
(8) how long airports are constrained with current passenger
facility charge collections;
(9) the impact of passenger facility charges on promoting
competition;
[[Page 132 STAT. 3203]]
(10) the additional resources or options to fund terminal
construction projects;
(11) the resources eligible for use toward noise reduction
and emission reduction projects;
(12) the gap between the cost of projects eligible for the
airport improvement program and the annual Federal funding
provided;
(13) the impact of regulatory requirements on airport
infrastructure financing needs;
(14) airline competition;
(15) airline ancillary fees and their impact on ticket
pricing and taxable revenue; and
(16) the ability of airports to finance necessary safety,
security, capacity, and environmental projects identified in
capital improvement plans.
(d) Large Hub Airports.--The study shall, to the extent not
considered under subsection (c), separately evaluate the infrastructure
requirements of the large hub airports identified in the National Plan
of Integrated Airport Systems (NPIAS). The evaluation shall--
(1) analyze the current and future capacity constraints of
large hub airports;
(2) quantify large hub airports' infrastructure
requirements, including terminal, landside, and airside
infrastructure;
(3) quantify the percentage growth in infrastructure
requirements of the large hub airports relative to other
commercial service airports;
(4) analyze how much funding from the airport improvement
program (AIP) has gone to meet the requirements of large hub
airports over the past 10 years; and
(5) project how much AIP funding would be available to meet
the requirements of large hub airports in the next 5 years if
funding levels are held constant.
(e) Report.--Not later than 15 months after the date of enactment of
this Act, the qualified organization shall submit to the Secretary and
the appropriate committees of Congress a report on the results of the
study described in subsection (a), including its findings and
recommendations related to each item in subsections (c) and (d).
(f) Definition of Qualified Organization.--In this section, the term
``qualified organization'' means an independent nonprofit organization
that recommends solutions to public policy challenges through objective
analysis.
SEC. 123. INTERMODAL ACCESS PROJECTS.
Not later than 6 months after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall, after
consideration of all public comments, publish in the Federal Register a
final policy amendment consistent with the notice published in the
Federal Register on May 3, 2016 (81 Fed. Reg. 26611).
Subtitle C--Airport Improvement Program Modifications
SEC. 131. GRANT ASSURANCES.
Section 47107 of title 49, United States Code, is amended--
[[Page 132 STAT. 3204]]
(1) in subsection (a)(17), by striking ``each contract'' and
inserting ``if any phase of such project has received funds
under this subchapter, each contract'';
(2) in subsection (r)(3), by striking ``2018'' and inserting
``2023''; and
(3) by adding at the end the following:
``(u) Construction of Recreational Aircraft.--
``(1) In general.--The construction of a covered aircraft
shall be treated as an aeronautical activity for purposes of--
``(A) determining an airport's compliance with a
grant assurance made under this section or any other
provision of law; and
``(B) the receipt of Federal financial assistance
for airport development.
``(2) Covered aircraft defined.--In this subsection, the
term `covered aircraft' means an aircraft--
``(A) used or intended to be used exclusively for
recreational purposes; and
``(B) constructed or under construction by a private
individual at a general aviation airport.
``(v) Community Use of Airport Land.--
``(1) In general.--Notwithstanding subsection (a)(13), and
subject to paragraph (2), the sponsor of a public-use airport
shall not be considered to be in violation of this subtitle, or
to be found in violation of a grant assurance made under this
section, or under any other provision of law, as a condition for
the receipt of Federal financial assistance for airport
development, solely because the sponsor has entered into an
agreement, including a revised agreement, with a local
government providing for the use of airport property for an
interim compatible recreational purpose at below fair market
value.
``(2) Restrictions.--This subsection shall apply only--
``(A) to an agreement regarding airport property
that was initially entered into before the publication
of the Federal Aviation Administration's Policy and
Procedures Concerning the Use of Airport Revenue, dated
February 16, 1999;
``(B) if the agreement between the sponsor and the
local government is subordinate to any existing or
future agreements between the sponsor and the Secretary,
including agreements related to a grant assurance under
this section;
``(C) to airport property that was acquired under a
Federal airport development grant program;
``(D) if the airport sponsor has provided a written
statement to the Administrator that the property made
available for a recreational purpose will not be needed
for any aeronautical purpose during the next 10 years;
``(E) if the agreement includes a term of not more
than 2 years to prepare the airport property for the
interim compatible recreational purpose and not more
than 10 years of use for that purpose;
``(F) if the recreational purpose will not impact
the aeronautical use of the airport;
``(G) if the airport sponsor provides a
certification that the sponsor is not responsible for
preparation, start-up,
[[Page 132 STAT. 3205]]
operations, maintenance, or any other costs associated
with the recreational purpose; and
``(H) if the recreational purpose is consistent with
Federal land use compatibility criteria under section
47502.
``(3) Statutory construction.--Nothing in this subsection
may be construed as permitting a diversion of airport revenue
for the capital or operating costs associated with the community
use of airport land.''.
SEC. 132. MOTHERS' ROOMS.
(a) Grant Assurances.--Section 47107 of title 49, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(w) Mothers' Rooms.--
``(1) In general.--In fiscal year 2021 and each fiscal year
thereafter, the Secretary of Transportation may approve an
application under this subchapter for an airport development
project grant only if the Secretary receives written assurances
that the airport owner or operator will maintain--
``(A) a lactation area in the sterile area of each
passenger terminal building of the airport; and
``(B) a baby changing table in one men's and one
women's restroom in each passenger terminal building of
the airport.
``(2) Applicability.--
``(A) Airport size.--The requirement in paragraph
(1) shall only apply to applications submitted by the
airport sponsor of a medium or large hub airport.
``(B) Preexisting facilities.--On application by an
airport sponsor, the Secretary may determine that a
lactation area in existence on the date of enactment of
this Act complies with the requirement in paragraph (1),
notwithstanding the absence of one of the facilities or
characteristics referred to in the definition of the
term `lactation area' in this subsection.
``(C) Special rule.--The requirement in paragraph
(1) shall not apply with respect to a project grant
application for a period of time, determined by the
Secretary, if the Secretary determines that construction
or maintenance activities make it impracticable or
unsafe for the lactation area to be located in the
sterile area of the building.
``(3) Definition.--In this section, the term--
``(A) `lactation area' means a room or similar
accommodation that--
``(i) provides a location for members of the
public to express breast milk that is shielded
from view and free from intrusion from the public;
``(ii) has a door that can be locked;
``(iii) includes a place to sit, a table or
other flat surface, a sink or sanitizing
equipment, and an electrical outlet;
``(iv) is readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs; and
``(v) is not located in a restroom; and
[[Page 132 STAT. 3206]]
``(B) `sterile area' has the same meaning given that
term in section 1540.5 of title 49, Code of Federal
Regulations.''.
(b) Terminal Development Costs.--Section 47119(a) of title 49,
United States Code, is amended by adding at the end the following:
``(3) Lactation areas.--In addition to the projects
described in paragraph (1), the Secretary may approve a project
for terminal development for the construction or installation of
a lactation area (as defined in section 47107(w)) at a
commercial service airport.''.
SEC. 133. CONTRACT TOWER PROGRAM.
(a) Air Traffic Control Contract Program.--
(1) Special rule.--Section 47124(b)(1)(B) of title 49,
United States Code, is amended--
(A) by striking ``under the program continued under
this paragraph'' and inserting ``under the Contract
Tower Program''; and
(B) by striking ``exceeds the benefit for a period
of 18 months after such determination is made'' and
inserting the following: ``exceeds the benefit--
``(i) for the 1-year period after such
determination is made; or
``(ii) if an appeal of such determination is
requested, for the 1-year period described in
subsection (d)(4)(D).''.
(2) Exemption.--Section 47124(b)(3)(D) of title 49, United
States Code, is amended--
(A) by striking ``under the program'' and inserting
``under the Cost-share Program''; and
(B) by adding at the end the following: ``Airports
with air service provided under part 121 of title 14,
Code of Federal Regulations, and more than 25,000
passenger enplanements in calendar year 2014 shall be
exempt from any cost-share requirement under this
paragraph.''.
(3) Construction of air traffic control towers.--
(A) Grants.--Section 47124(b)(4)(A) of title 49,
United States Code, is amended in each of clauses
(i)(III) and (ii)(III) by inserting ``, including remote
air traffic control tower equipment certified by the
Federal Aviation Administration'' after ``1996''.
(B) Eligibility.--Section 47124(b)(4)(B)(i)(I) of
title 49, United States Code, is amended by striking
``contract tower program established under subsection
(a) and continued under paragraph (1) or the pilot
program established under paragraph (3)'' and inserting
``Contract Tower Program or the Cost-share Program''.
(C) Limitation on federal share.--Section
47124(b)(4) of title 49, United States Code, is amended
by striking subparagraph (C).
(4) Benefit-to-cost calculation for program applicants.--
Section 47124(b)(3) of title 49, United States Code, is amended
by adding at the end the following:
``(G) Benefit-to-cost calculation.--Not later than
90 days after receiving an application to the Contract
Tower Program, the Secretary shall calculate a benefit-
to-cost
[[Page 132 STAT. 3207]]
ratio (as described in subsection (d)) for the
applicable air traffic control tower for purposes of
selecting towers for participation in the Contract Tower
Program.''.
(b) Criteria To Evaluate Participants.--Section 47124 of title 49,
United States Code, is amended by adding at the end the following:
``(d) Criteria To Evaluate Participants.--
``(1) Timing of evaluations.--
``(A) Towers participating in cost-share program.--
In the case of an air traffic control tower that is
operated under the Cost-share Program, the Secretary
shall annually calculate a benefit-to-cost ratio with
respect to the tower.
``(B) Towers participating in contract tower
program.--In the case of an air traffic control tower
that is operated under the Contract Tower Program, the
Secretary shall not calculate a benefit-to-cost ratio
after the date of enactment of this subsection with
respect to the tower unless the Secretary determines
that the annual aircraft traffic at the airport where
the tower is located has decreased--
``(i) by more than 25 percent from the
previous year; or
``(ii) by more than 55 percent cumulatively in
the preceding 3-year period.
``(2) Costs to be considered.--In establishing a benefit-to-
cost ratio under this section with respect to an air traffic
control tower, the Secretary shall consider only the following
costs:
``(A) The Federal Aviation Administration's actual
cost of wages and benefits of personnel working at the
tower.
``(B) The Federal Aviation Administration's actual
telecommunications costs directly associated with the
tower.
``(C) The Federal Aviation Administration's costs of
purchasing and installing any air traffic control
equipment that would not have been purchased or
installed except as a result of the operation of the
tower.
``(D) The Federal Aviation Administration's actual
travel costs associated with maintaining air traffic
control equipment that is owned by the Administration
and would not be maintained except as a result of the
operation of the tower.
``(E) Other actual costs of the Federal Aviation
Administration directly associated with the tower that
would not be incurred except as a result of the
operation of the tower (excluding costs for noncontract
tower-related personnel and equipment, even if the
personnel or equipment is located in the contract tower
building).
``(3) Other criteria to be considered.--In establishing a
benefit-to-cost ratio under this section with respect to an air
traffic control tower, the Secretary shall add a 10 percentage
point margin of error to the benefit-to-cost ratio determination
to acknowledge and account for the direct and indirect economic
and other benefits that are not included in the criteria the
Secretary used in calculating that ratio.
``(4) Review of cost-benefit determinations.--In issuing a
benefit-to-cost ratio determination under this section with
[[Page 132 STAT. 3208]]
respect to an air traffic control tower located at an airport,
the Secretary shall implement the following procedures:
``(A) The Secretary shall provide the airport (or
the State or local government having jurisdiction over
the airport) at least 90 days following the date of
receipt of the determination to submit to the Secretary
a request for an appeal of the determination, together
with updated or additional data in support of the
appeal.
``(B) Upon receipt of a request for an appeal
submitted pursuant to subparagraph (A), the Secretary
shall--
``(i) transmit to the Administrator of the
Federal Aviation Administration any updated or
additional data submitted in support of the
appeal; and
``(ii) provide the Administrator not more than
90 days to review the data and provide a response
to the Secretary based on the review.
``(C) After receiving a response from the
Administrator pursuant to subparagraph (B), the
Secretary shall--
``(i) provide the airport, State, or local
government that requested the appeal at least 30
days to review the response; and
``(ii) withhold from taking further action in
connection with the appeal during that 30-day
period.
``(D) If, after completion of the appeal procedures
with respect to the determination, the Secretary
requires the tower to transition into the Cost-share
Program, the Secretary shall not require a cost-share
payment from the airport, State, or local government for
1 year following the last day of the 30-day period
described in subparagraph (C).
``(e) Definitions.--In this section:
``(1) Contract tower program.--The term `Contract Tower
Program' means the level I air traffic control tower contract
program established under subsection (a) and continued under
subsection (b)(1).
``(2) Cost-share program.--The term `Cost-share Program'
means the cost-share program established under subsection
(b)(3).''.
(c) Conforming Amendments.--Section 47124(b) of title 49, United
States Code, is amended--
(1) in paragraph (1)(C), by striking ``the program
established under paragraph (3)'' and inserting ``the Cost-share
Program'';
(2) in paragraph (3)--
(A) in the heading, by striking ``contract air
traffic control tower program'' and inserting ``Cost-
share program'';
(B) in subparagraph (A), by striking ``contract
tower program established under subsection (a) and
continued under paragraph (1) (in this paragraph
referred to as the `Contract Tower Program')'' and
inserting ``Contract Tower Program'';
(C) in subparagraph (B), by striking ``In carrying
out the program'' and inserting ``In carrying out the
Cost-share Program'';
[[Page 132 STAT. 3209]]
(D) in subparagraph (C), by striking ``participate
in the program'' and inserting ``participate in the
Cost-share Program''; and
(E) in subparagraph (F), by striking ``the program
continued under paragraph (1)'' and inserting ``the
Contract Tower Program''.
(d) <<NOTE: 49 USC 47124 note.>> Approval of Certain Applications
for the Contract Tower Program.--
(1) In general.--If the Administrator of the Federal
Aviation Administration has not implemented a revised cost-
benefit methodology for purposes of determining eligibility for
the Contract Tower Program before the date that is 30 days after
the date of enactment of this Act, any airport with an
application for participation in the Contract Tower Program
pending as of January 1, 2017, shall be approved for
participation in the Contract Tower Program if the Administrator
determines the tower is eligible under the criteria set forth in
the Federal Aviation Administration report entitled
``Establishment and Discontinuance Criteria for Airport Traffic
Control Towers'', and dated August 1990 (FAA-APO-90-7).
(2) Requests for additional authority.--The Administrator
shall respond not later than 60 days after the date the
Administrator receives a formal request from an airport and air
traffic control contractor for additional authority to expand
contract tower operational hours and staff to accommodate flight
traffic outside of current tower operational hours.
(3) Definition of contract tower program.--In this section,
the term ``Contract Tower Program'' has the meaning given the
term in section 47124(e) of title 49, United States Code, as
added by this Act.
SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109(a) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``primary airport having
at least .25 percent of the total number of passenger boardings
each year at all commercial service airports;'' and inserting
``medium or large hub airport;''; and
(2) by striking paragraph (5) and inserting the following:
``(5) 95 percent for a project that--
``(A) the Administrator determines is a successive
phase of a multiphase construction project for which the
sponsor received a grant in fiscal year 2011; and
``(B) for which the United States Government's share
of allowable project costs would otherwise be capped at
90 percent under paragraph (2) or (3).''.
SEC. 135. UPDATED VETERANS' PREFERENCE.
Section 47112(c)(1)(C) of title 49, United States Code, is amended--
(1) by striking ``or Operation New Dawn for more'' and
inserting ``Operation New Dawn, Operation Inherent Resolve,
Operation Freedom's Sentinel, or any successor contingency
operation to such operations for more''; and
(2) by striking ``or Operation New Dawn (whichever is
later)'' and inserting ``Operation New Dawn, Operation Inherent
Resolve, Operation Freedom's Sentinel, or any successor
contingency operation to such operations (whichever is later)''.
[[Page 132 STAT. 3210]]
SEC. 136. USE OF STATE HIGHWAY SPECIFICATIONS.
Section 47114(d)(5) of title 49, United States Code, is amended to
read as follows:
``(5) Use of state highway specifications.--The Secretary
shall use the highway specifications of a State for airfield
pavement construction and improvement using funds made available
under this subsection at nonprimary airports serving aircraft
that do not exceed 60,000 pounds gross weight if--
``(A) such State requests the use of such
specifications; and
``(B) the Secretary determines that--
``(i) safety will not be negatively affected;
and
``(ii) the life of the pavement, with
necessary maintenance and upkeep, will not be
shorter than it would be if constructed using
Administration standards.''.
SEC. 137. FORMER MILITARY AIRPORTS.
Section 47118(a) of title 49, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the airport is--
``(A) a former military installation that, at any
time after December 31, 1965, was owned and operated by
the Department of Defense; and
``(B) a nonhub primary airport.''.
SEC. 138. ELIGIBILITY OF CCTV PROJECTS FOR AIRPORT IMPROVEMENT
PROGRAM.
Section 47119(a)(1)(B) is amended--
(1) by striking ``; and'' at the end and inserting ``; or'';
(2) by striking ``directly related to moving passengers''
and inserting the following: ``directly related to--
``(i) moving passengers''; and
(3) by adding at the end the following:
``(ii) installing security cameras in the
public area of the interior and exterior of the
terminal; and''.
SEC. 139. STATE BLOCK GRANT PROGRAM EXPANSION.
Section 47128(a) of title 49, United States Code, is amended by
striking ``not more than 9 qualified States for fiscal years 2000 and
2001 and 10 qualified States for each fiscal year thereafter'' and
inserting ``not more than 20 qualified States for each fiscal year''.
SEC. 140. NON-MOVEMENT AREA SURVEILLANCE PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, is amended by inserting after section 47142 the following:
``Sec. 47143. <<NOTE: 49 USC 47143.>> Non-movement area
surveillance surface display systems pilot
program
``(a) In General.--The Administrator of the Federal Aviation
Administration may carry out a pilot program to support non-Federal
acquisition and installation of qualifying non-movement area
surveillance surface display systems and sensors if--
[[Page 132 STAT. 3211]]
``(1) the Administrator determines that such systems and
sensors would improve safety or capacity in the National
Airspace System; and
``(2) the non-movement area surveillance surface display
systems and sensors supplement existing movement area systems
and sensors at the selected airports established under other
programs administered by the Administrator.
``(b) Project Grants.--
``(1) In general.--For purposes of carrying out the pilot
program, the Administrator may make a project grant out of funds
apportioned under paragraph (1) or paragraph (2) of section
47114(c) to not more than 5 eligible sponsors to acquire and
install qualifying non-movement area surveillance surface
display systems and sensors. The airports selected to
participate in the pilot program shall have existing
Administration movement area systems and airlines that are
participants in Federal Aviation Administration's airport
collaborative decision-making process.
``(2) Data exchange processes.--As part of the pilot program
carried out under this section, the Administrator may establish
data exchange processes to allow airport participation in the
Administration's airport collaborative decision-making process
and fusion of the non-movement surveillance data with the
Administration's movement area systems.
``(c) Sunset.--This section shall cease to be effective on October
1, 2023.
``(d) Definitions.--In this section:
``(1) Non-movement area.--The term `non-movement area' means
the portion of the airfield surface that is not under the
control of air traffic control.
``(2) Non-movement area surveillance surface display systems
and sensors.--The term `non-movement area surveillance surface
display systems and sensors' means a non-Federal surveillance
system that uses on-airport sensors that track vehicles or
aircraft that are equipped with transponders in the non-movement
area.
``(3) Qualifying non-movement area surveillance surface
display system and sensors.--The term `qualifying non-movement
area surveillance surface display system and sensors' means a
non-movement area surveillance surface display system that--
``(A) provides the required transmit and receive
data formats consistent with the National Airspace
System architecture at the appropriate service delivery
point;
``(B) is on-airport; and
``(C) is airport operated.''.
(b) Technical and Conforming Amendments.--The table of contents of
chapter 471 of title 49, United States Code, <<NOTE: 49 USC 47101
prec.>> is amended by inserting after the item relating to section
47142 the following:
``47143. Non-movement area surveillance surface display systems pilot
program.''.
SEC. 141. PROPERTY CONVEYANCE RELEASES.
Section 817(a) of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 47125 note) is amended--
(1) by striking ``or section 23'' and inserting ``, section
23''; and
[[Page 132 STAT. 3212]]
(2) by inserting ``, or section 47125 of title 49, United
States Code'' before the period at the end.
SEC. 142. STUDY REGARDING TECHNOLOGY USAGE AT AIRPORTS.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall initiate a study on--
(1) technology developed by international entities
(including foreign nations and companies) that have been
installed in American airports and aviation systems over the
past decade, including the nation where the technology was
developed and any airports utilizing the technology; and
(2) aviation safety-related technology developed and
implemented by international entities with proven track records
of success that may assist in establishing best practices to
improve American aviation operations and safety.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study.
SEC. 143. STUDY ON AIRPORT REVENUE DIVERSION.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall initiate a
study of--
(1) the legal and financial challenges related to repealing
the exception in section 47107(b)(2) of title 49, United States
Code, for those airports that the Federal Aviation
Administration has identified are covered by the exception; and
(2) measures that may be taken to mitigate the impact of
repealing the exception.
(b) Contents.--The study required under subsection (a) shall
address--
(1) the level of revenue diversion at the airports covered
by the exception described in subsection (a)(1) and the uses of
the diverted revenue;
(2) the terms of any bonds or financial covenants an airport
owner has issued relying on diverted airport revenue;
(3) applicable local laws or ordinances requiring use of
airport revenue for nonairport purposes;
(4) whether repealing the exception would improve the long-
term financial performance of impacted airports; and
(5) any other practical implications of repealing the
exception for airports or the national aviation system.
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study.
SEC. 144. GAO STUDY ON THE EFFECT OF GRANTING AN EXCLUSIVE RIGHT
OF AERONAUTICAL SERVICES TO AN AIRPORT
SPONSOR.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study to examine the cases in which an airport sponsor has exercised
an exclusive right (commonly known as a proprietary exclusive right), as
described in the Federal Aviation Advisory Circular 150/1590-6 issued on
January 4, 2007.
[[Page 132 STAT. 3213]]
(b) Report.--Upon completion of the study described under subsection
(a), the Comptroller General shall submit to the appropriate committees
of Congress a report on the findings of the study.
SEC. 145. SENSE OF CONGRESS ON SMART AIRPORTS.
It is the sense of Congress that the Administrator of the Federal
Aviation Administration and the Secretary of Transportation should
produce a smart airports initiative plan that focuses on creating a more
consumer-friendly and digitally connected airport experience. The plan
should include recommendations on modernizing technologies to provide
more efficient check-ins, shortened security lines, Wi-Fi and GPS
upgrades, as well as improvements of aircraft turnaround for on-time
boarding and flights. The purpose of the initiative is to invest in
technologies and infrastructure toward better-connected airports while
providing appropriate national security and cybersecurity for travelers.
SEC. 146. CRITICAL AIRFIELD MARKINGS.
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall issue a
request for proposal for a study that includes--
(1) an independent, third-party study to assess the
durability of Type III and Type I glass beads applied to
critical markings over a 2-year period at not fewer than 2
primary airports in varying weather conditions to measure the
retroreflectivity levels of such markings on a quarterly basis;
and
(2) a study at 2 other airports carried out by applying Type
III glass beads on half of the centerline and Type I glass beads
to the other half and providing for assessments from pilots
through surveys administered by a third party as to the
visibility and performance of the Type III glass beads as
compared to the Type I glass beads over a 1-year period.
SEC. 147. GENERAL FACILITIES AUTHORITY.
Section 44502 of title 49, United States Code, is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Transfers of Air Traffic Systems.--
``(1) In general.--An airport may transfer, without
consideration, to the Administrator of the Federal Aviation
Administration, an eligible air traffic system or equipment that
conforms to performance specifications of the Administrator if a
Government airport aid program, airport development aid program,
or airport improvement project grant was used to assist in
purchasing the system or equipment.
``(2) Acceptance.--The Administrator shall accept the
eligible air traffic system or equipment and operate and
maintain it under criteria of the Administrator.
``(3) Definition.--In this subsection, the term `eligible
air traffic system or equipment' means--
``(A) an instrument landing system consisting of a
glide slope and localizer (if the Administrator has
determined that a satellite navigation system cannot
provide a suitable approach to an airport);
``(B) an Automated Weather Observing System weather
observation system; or
[[Page 132 STAT. 3214]]
``(C) a Remote Communication Air/Ground and Remote
Communication Outlet communications facility.''; and
(2) by adding at the end the following:
``(f) Airport Space.--
``(1) Restriction.--The Administrator may not require an
airport owner or sponsor (as defined in section 47102) to
provide to the Federal Aviation Administration without cost any
of the following:
``(A) Building construction, maintenance, utilities,
or expenses for services relating to air traffic
control, air navigation, or weather reporting.
``(B) Space in a facility owned by the airport owner
or sponsor for services relating to air traffic control,
air navigation, or weather reporting.
``(2) Rule of construction.--Nothing in this subsection may
be construed to affect--
``(A) any agreement the Secretary may have or make
with an airport owner or sponsor for the airport owner
or sponsor to provide any of the items described in
paragraph (1)(A) or (1)(B) at below-market rates; or
``(B) any grant assurance that requires an airport
owner or sponsor to provide land to the Administration
without cost for an air traffic control facility.''.
SEC. 148. RECYCLING PLANS; UNCATEGORIZED SMALL AIRPORTS.
(a) Project Grant Application Approval.--Section 47106(a) of title
49, United States Code, is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by inserting ``that includes the
project'' before ``, the master plan'';
(3) in paragraph (6)(E), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(7) if the project is at an airport that is listed as
having an unclassified status under the most recent national
plan of integrated airport systems (as described in section
47103), the project will be funded with an amount appropriated
under section 47114(d)(3)(B) and is--
``(A) for maintenance of the pavement of the primary
runway;
``(B) for obstruction removal for the primary
runway;
``(C) for the rehabilitation of the primary runway;
or
``(D) for a project that the Secretary considers
necessary for the safe operation of the airport.''.
(b) Nonprimary Apportionment.--Section 47114(d)(3) of title 49,
United States Code, is amended by adding at the end the following:
``(C) During fiscal years 2019 and 2020--
``(i) an airport that accrued apportionment
funds under subparagraph (A) in fiscal year 2013
that is listed as having an unclassified status
under the most recent national plan of integrated
airport systems shall continue to accrue
apportionment funds under subparagraph (A) at the
same amount the airport accrued apportionment
funds in fiscal year 2013, subject to the
conditions of this paragraph;
[[Page 132 STAT. 3215]]
``(ii) notwithstanding the period of
availability as described in section 47117(b), an
amount apportioned to an airport under clause (i)
shall be available to the airport only during the
fiscal year in which the amount is apportioned;
and
``(iii) notwithstanding the waiver permitted
under section 47117(c)(2), an airport receiving
apportionment funds under clause (i) may not waive
its claim to any part of the apportioned funds in
order to make the funds available for a grant for
another public-use airport.
``(D) An airport that re-establishes its classified
status shall be eligible to accrue apportionment funds
pursuant to subparagraph (A) so long as such airport
retains its classified status.''.
SEC. 149. EVALUATION OF AIRPORT MASTER PLANS.
Section 47106 of title 49, United States Code, is amended by adding
at the end the following:
``(h) Evaluation of Airport Master Plans.--When evaluating the
master plan of an airport for purposes of this subchapter, the Secretary
shall take into account--
``(1) the role the airport plays with respect to medical
emergencies and evacuations; and
``(2) the role the airport plays in emergency or disaster
preparedness in the community served by the airport.''.
SEC. 150. DEFINITION OF SMALL BUSINESS CONCERN.
Section 47113(a)(1) of title 49, United States Code, is amended to
read as follows:
``(1) `small business concern'--
``(A) has the meaning given the term in section 3 of
the Small Business Act (15 U.S.C. 632); but
``(B) in the case of a concern in the construction
industry, a concern shall be considered a small business
concern if the concern meets the size standard for the
North American Industry Classification System Code
237310, as adjusted by the Small Business
Administration;''.
SEC. 151. SMALL AIRPORT REGULATION RELIEF.
Section 47114(c)(1) of title 49, United States Code, is amended by
striking subparagraph (F) and inserting the following:
``(F) Special rule for fiscal years 2018 through
2020.--Notwithstanding subparagraph (A) and subject to
subparagraph (G), the Secretary shall apportion to a
sponsor of an airport under that subparagraph for each
of fiscal years 2018 through 2020 an amount based on the
number of passenger boardings at the airport during
calendar year 2012 if the airport--
``(i) had 10,000 or more passenger boardings
during calendar year 2012;
``(ii) had fewer than 10,000 passenger
boardings during the calendar year used to
calculate the apportionment for fiscal year 2018,
2019, or 2020, as applicable, under subparagraph
(A); and
``(iii) had scheduled air service at any point
in the calendar year used to calculate the
apportionment.
[[Page 132 STAT. 3216]]
``(G) Limitations and waivers.--The authority to
make apportionments in the manner prescribed in
subparagraph (F) may be utilized no more than 3 years in
a row. The Secretary may waive this limitation if the
Secretary determines that an airport's enplanements are
substantially close to 10,000 enplanements and the
airport sponsor or affected communities are taking
reasonable steps to restore enplanements above 10,000.
``(H) Minimum apportionment for commercial service
airports with more than 8,000 passenger boardings in a
calendar year.--Not less than $600,000 may be
apportioned under subparagraph (A) for each fiscal year
to each sponsor of a commercial service airport that had
fewer than 10,000 passenger boardings, but at least
8,000 passenger boardings, during the prior calendar
year.''.
SEC. 152. CONSTRUCTION OF CERTAIN CONTROL TOWERS.
Section 47116(d) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Control tower construction.--Notwithstanding section
47124(b)(4)(A), the Secretary may provide grants under this
section to an airport sponsor participating in the contract
tower program under section 47124 for the construction or
improvement of a nonapproach control tower, as defined by the
Secretary, and for the acquisition and installation of air
traffic control, communications, and related equipment to be
used in that tower. Such grants shall be subject to the
distribution requirements of subsection (b) and the eligibility
requirements of section 47124(b)(4)(B).''.
SEC. 153. NONDISCRIMINATION.
Section 47123 of title 49, United States Code, is amended--
(1) by striking ``The Secretary of Transportation'' and
inserting the following:
``(a) In General.--The Secretary of Transportation''; and
(2) by adding at the end the following:
``(b) Indian Employment.--
``(1) Tribal sponsor preference.--Consistent with section
703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)),
nothing in this section shall preclude the preferential
employment of Indians living on or near a reservation on a
project or contract at--
``(A) an airport sponsored by an Indian tribal
government; or
``(B) an airport located on an Indian reservation.
``(2) State preference.--A State may implement a preference
for employment of Indians on a project carried out under this
subchapter near an Indian reservation.
``(3) Implementation.--The Secretary shall consult with
Indian tribal governments and cooperate with the States to
implement this subsection.
``(4) Indian tribal government defined.--In this section,
the term `Indian tribal government' has the same meaning given
that term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).''.
[[Page 132 STAT. 3217]]
SEC. 154. DEFINITION OF AIRPORT DEVELOPMENT.
Section 47116(d)(2) of title 49, United States Code, is amended to
read as follows:
``(2) Airport development for eligible mountaintop
airports.--In making grants to sponsors described in subsection
(b), the Secretary shall give priority consideration to mass
grading and associated structural support (including access
road, duct banks, and other related infrastructure) at
mountaintop airports, provided that the airport would not
otherwise have sufficient surface area for--
``(A) eligible and justified airport development
projects; or
``(B) additional hangar space.''.
SEC. 155. GENERAL AVIATION AIRPORT EXPIRED FUNDS.
Section 47117(b) of title 49, United States Code, is amended--
(1) by striking ``An amount'' and inserting ``(1) In
general.--An amount'';
(2) by striking ``If the amount'' and inserting ``Except as
provided in paragraph (2), if the amount''; and
(3) by adding at the end the following:
``(2) Expired amounts apportioned for general aviation
airports.--
``(A) In general.--Except as provided in
subparagraph (B), if an amount apportioned under section
47114(d) is not obligated within the time specified in
paragraph (1), that amount shall be added to the
discretionary fund under section 47115 of this title,
provided that--
``(i) amounts made available under paragraph
(2)(A) shall be used for grants for projects in
accordance with section 47115(d)(2) at airports
eligible to receive an apportionment under section
47114(d)(2) or (3)(A), whichever is applicable;
and
``(ii) amounts made available under paragraph
(2)(A) that are not obligated by July 1 of the
fiscal year in which the funds will expire shall
be made available for all projects in accordance
with section 47115(d)(2).
``(B) State block grant program.--If an amount
apportioned to an airport under section 47114(d)(3)(A)
is not obligated within the time specified in paragraph
(1), and the airport is located in a State participating
in the State block grant program under section 47128,
the amount shall be made available to that State under
the same conditions as if the State had been apportioned
the amount under section 47114(d)(3)(B).''.
SEC. 156. <<NOTE: 49 USC 47112 note.>> PRIORITY REVIEW OF
CONSTRUCTION PROJECTS IN COLD WEATHER
STATES.
(a) In General.--The Administrator of the Federal Aviation
Administration, to the extent practicable, shall schedule the
Administrator's review of construction projects so that projects to be
carried out in the States in which the weather during a typical calendar
year prevents major construction projects from being carried out before
May 1 are reviewed as early as possible.
[[Page 132 STAT. 3218]]
(b) Briefing.--The Administrator shall provide a briefing to the
appropriate committees of Congress annually on the effectiveness of the
review and prioritization.
(c) Technical Amendment.--Section 154 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 47112 note) and the item relating to that
section in the table of contents under section 1(b) of that Act (126
Stat. 13) are repealed.
SEC. 157. <<NOTE: 49 USC 47113 note.>> MINORITY AND DISADVANTAGED
BUSINESS PARTICIPATION.
(a) Findings.--Congress finds the following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business enterprise
program (sections 47107(e) and 47113 of title 49, United States
Code), discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned businesses
seeking to do business in airport-related markets across the
Nation. These continuing barriers merit the continuation of the
airport disadvantaged business enterprise program.
(2) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits. This
testimony and documentation shows that race- and gender-neutral
efforts alone are insufficient to address the problem.
(3) This testimony and documentation demonstrates that
discrimination across the Nation poses a barrier to full and
fair participation in airport-related businesses of women
business owners and minority business owners in the racial
groups detailed in parts 23 and 26 of title 49, Code of Federal
Regulations, and has impacted firm development and many aspects
of airport-related business in the public and private markets.
(4) This testimony and documentation provides a strong basis
that there is a compelling need for the continuation of the
airport disadvantaged business enterprise program and the
airport concessions disadvantaged business enterprise program to
address race and gender discrimination in airport-related
business.
(b) Prompt Payments.--
(1) Reporting of complaints.--Not later than 120 days after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall ensure that each airport
that participates in the Program tracks, and reports to the
Administrator, the number of covered complaints made in relation
to activities at that airport.
(2) Improving compliance.--
(A) In general.--The Administrator shall take
actions to assess and improve compliance with prompt
payment requirements under part 26 of title 49, Code of
Federal Regulations.
(B) Contents of assessment.--In carrying out
subparagraph (A), the Administrator shall assess--
(i) whether requirements relating to the
inclusion of prompt payment language in contracts
are being satisfied;
[[Page 132 STAT. 3219]]
(ii) whether and how airports are enforcing
prompt payment requirements;
(iii) the processes by which covered
complaints are received and resolved by airports;
(iv) whether improvements need to be made to--
(I) better track covered complaints
received by airports; and
(II) assist the resolution of
covered complaints in a timely manner;
(v) whether changes to prime contractor
specifications need to be made to ensure prompt
payments to subcontractors; and,
(vi) whether changes to prime contractor
specifications need to be made to ensure prompt
payment of retainage to subcontractors.
(C) Reporting.--The Administrator shall make
available to the public on an appropriate website
operated by the Administrator a report describing the
results of the assessment completed under this
paragraph, including a plan to respond to such results.
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Covered complaint.--The term ``covered
complaint'' means a complaint relating to an alleged
failure to satisfy a prompt payment requirement under
part 26 of title 49, Code of Federal Regulations.
(B) Program.--The term ``Program'' means the airport
disadvantaged business enterprise program referenced in
subsection (a)(1) of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 47113 note).
SEC. 158. SUPPLEMENTAL DISCRETIONARY FUNDS.
Section 47115 of title 49, United States Code, is further amended by
adding at the end the following:
``(j) Supplemental Discretionary Funds.--
``(1) In general.--The Secretary shall establish a program
to provide grants, subject to the conditions of this subsection,
for any purpose for which amounts are made available under
section 48103 that the Secretary considers most appropriate to
carry out this subchapter.
``(2) Treatment of grants.--
``(A) In general.--A grant made under this
subsection shall be treated as having been made pursuant
to the Secretary's authority under section 47104(a) and
from the Secretary's discretionary fund under subsection
(a) of this section.
``(B) Exception.--Except as otherwise provided in
this subsection, grants made under this subsection shall
not be subject to subsection (c), section 47117(e), or
any other apportionment formula, special apportionment
category, or minimum percentage set forth in this
chapter.
``(3) Eligibility and prioritization.--
``(A) Eligibility.--The Secretary may provide grants
under this subsection for an airport or terminal
development project at any airport that is eligible to
receive a grant from the discretionary fund under
subsection (a) of this section.
[[Page 132 STAT. 3220]]
``(B) Prioritization.--Not less than 50 percent of
the amounts available under this subsection shall used
to provide grants at--
``(i) airports that are eligible for
apportionment under section 47114(d)(3); and
``(ii) nonhub and small hub airports.
``(4) Authorization.--
``(A) In general.--There is authorized to be
appropriated to the Secretary to carry out this
subsection the following amounts:
``(i) $1,020,000,000 for fiscal year 2019.
``(ii) $1,041,000,000 for fiscal year 2020.
``(iii) $1,064,000,000 for fiscal year 2021.
``(iv) $1,087,000,000 for fiscal year 2022.
``(v) $1,110,000,000 for fiscal year 2023.
``(B) Availability.--Sums authorized to be
appropriated under subparagraph (A) shall remain
available for 2 fiscal years.''.
SEC. 159. STATE TAXATION.
(a) In General.--Section 40116(d)(2)(A) of title 49, United States
Code, is amended by adding at the end the following:
``(v) except as otherwise provided under section 47133, levy
or collect a tax, fee, or charge, first taking effect after the
date of enactment of this clause, upon any business located at a
commercial service airport or operating as a permittee of such
an airport that is not generally imposed on sales or services by
that State, political subdivision, or authority unless wholly
utilized for airport or aeronautical purposes.''.
(b) <<NOTE: 49 USC 40116 note.>> Rule of Construction.--Nothing in
this section or an amendment made by this section shall affect a change
to a rate or other provision of a tax, fee, or charge under section
40116 of title 49, United States Code, that was enacted prior to the
date of enactment of this Act. Such provision of a tax, fee, or charge
shall continue to be subject to the requirements to which such provision
was subject under that section as in effect on the day before the date
of enactment of this Act.
SEC. 160. AIRPORT INVESTMENT PARTNERSHIP PROGRAM.
(a) In General.--Section 47134 of title 49, United States Code, is
amended--
(1) by striking the section heading and inserting ``Airport
investment partnership program'';
(2) in subsection (b), by striking ``, with respect to not
more than 10 airports,'';
(3) in subsection (b)(2), by striking ``The Secretary may
grant an exemption to a sponsor'' and inserting ``If the
Secretary grants an exemption to a sponsor pursuant to paragraph
(1), the Secretary shall grant an exemption to the sponsor'';
(4) in subsection (b)(3), by striking ``The Secretary may
grant an exemption to a purchaser or lessee'' and inserting ``If
the Secretary grants an exemption to a sponsor pursuant to
paragraph (1), the Secretary shall grant an exemption to the
corresponding purchaser or lessee'';
(5) by amending subsection (d) to read as follows:
``(d) Program Participation.--
``(1) Multiple airports.--The Secretary may consider
applications under this section submitted by a public airport
[[Page 132 STAT. 3221]]
sponsor for multiple airports under the control of the sponsor
if all airports under the control of the sponsor are located in
the same State.
``(2) Partial privatization.--A purchaser or lessee may be
an entity in which a sponsor has an interest.''; and
(6) by striking subsections (l) and (m) and inserting the
following:
``(l) Predevelopment Limitation.--A grant to an airport sponsor
under this subchapter for predevelopment planning costs relating to the
preparation of an application or proposed application under this section
may not exceed $750,000 per application or proposed application.''.
(b) Clerical Amendment.--The analysis for chapter 471 of title 49,
United States Code, <<NOTE: 49 USC 471101 prec.>> is amended by
striking the item relating to section 47134 and inserting the following:
``47134. Airport investment partnership program.''.
SEC. 161. <<NOTE: 49 USC 47104 note.>> REMOTE TOWER PILOT PROGRAM
FOR RURAL AND SMALL COMMUNITIES.
(a) Pilot Program.--
(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish--
(A) in consultation with airport operators and other
aviation stakeholders, a pilot program at public-use
airports to construct and operate remote towers in order
to assess their operational benefits;
(B) a selection process for participation in the
pilot program; and
(C) a clear process for the safety and operational
certification of the remote towers.
(2) Safety considerations.--
(A) Safety risk management panel.--Prior to the
operational use of a remote tower under the pilot
program established in subsection (a), the Administrator
shall convene a safety risk management panel for the
tower to address any safety issues with respect to the
tower. The panels shall be created and utilized in a
manner similar to that of the safety risk management
panels previously convened for remote towers and shall
take into account existing best practices and
operational data from existing remote towers in the
United States.
(B) Consultation.--In establishing the pilot
program, the Administrator shall consult with operators
of remote towers in the United States and foreign
countries to design the pilot program in a manner that
leverages as many safety and airspace efficiency
benefits as possible.
(3) Applications.--The operator of an airport seeking to
participate in the pilot program shall submit to the
Administrator an application that is in such form and contains
such information as the Administrator may require.
(4) Program design.--In designing the pilot program, the
Administrator shall--
(A) to the maximum extent practicable, ensure that
at least 2 different vendors of remote tower systems
participate;
[[Page 132 STAT. 3222]]
(B) identify which air traffic control information
and data will assist the Administrator in evaluating the
feasibility, safety, costs, and benefits of remote
towers;
(C) implement processes necessary to collect the
information and data identified in subparagraph (B);
(D) develop criteria, in addition to considering
possible selection criteria in paragraph (5), for the
selection of airports that will best assist the
Administrator in evaluating the feasibility, safety,
costs, and benefits of remote towers, including the
amount and variety of air traffic at an airport; and
(E) prioritize the selection of airports that can
best demonstrate the capabilities and benefits of remote
towers, including applicants proposing to operate
multiple remote towers from a single facility.
(5) Selection criteria for consideration.--In selecting
airports for participation in the pilot program, the
Administrator, after consultation with representatives of labor
organizations representing operators and employees of the air
traffic control system, shall consider for participation in the
pilot program--
(A) 1 nonhub airport;
(B) 3 airports that are not primary airports and
that do not have existing air traffic control towers;
(C) 1 airport that participates in the Contract
Tower Program; and
(D) 1 airport selected at the discretion of the
Administrator.
(6) Data.--The Administrator shall clearly identify and
collect air traffic control information and data from
participating airports that will assist the Administrator in
evaluating the feasibility, safety, costs, and benefits of
remote towers.
(7) Report.--Not later than 1 year after the date the first
remote tower is operational, and annually thereafter, the
Administrator shall submit to the appropriate committees of
Congress a report--
(A) detailing any benefits, costs, or safety
improvements associated with the use of the remote
towers; and
(B) evaluating the feasibility of using remote
towers, particularly in the Contract Tower Program, for
airports without an air traffic control tower, to
improve safety at airports with towers, or to reduce
costs without impacting safety at airports with or
without existing towers.
(8) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall select airports
for participation in the pilot program.
(9) Definitions.--In this subsection:
(A) Contract tower program.--The term ``Contract
Tower Program'' has the meaning given the term in
section 47124(e) of title 49, United States Code, as
added by this Act.
(B) Remote tower.--The term ``remote tower'' means a
remotely operated air navigation facility, including all
necessary system components, that provides the functions
and capabilities of an air traffic control tower whereby
air traffic services are provided to operators at an
airport from a location that may not be on or near the
airport.
[[Page 132 STAT. 3223]]
(C) Other definitions.--The terms ``nonhub
airport'', ``primary airport'', and ``public-use
airport'' have the meanings given such terms in section
47102 of title 49, United States Code.
(10) Sunset.--This subsection, including the report required
under paragraph (8), shall not be in effect after September 30,
2023.
(b) Remote Tower Program.--Concurrent with the establishment of the
process for safety and operational certification of remote towers under
subsection (a)(1)(C), the Administrator shall establish a process to
authorize the construction and commissioning of additional remote towers
that are certificated under subsection (a)(1)(C) at other airports.
(c) AIP Funding Eligibility.--For purposes of the pilot program
under subsection (a), and after certificated remote towers are available
under subsection (b), constructing a remote tower or acquiring and
installing air traffic control, communications, or related equipment
specifically for a remote tower shall be considered airport development
(as defined in section 47102 of title 49, United States Code) for
purposes of subchapter I of chapter 471 of that title if the components
are installed and used at the airport, except, as needed, for off-
airport sensors installed on leased towers.
SEC. 162. <<NOTE: 49 USC 47102 note.>> AIRPORT ACCESS ROADS IN
REMOTE LOCATIONS.
Notwithstanding section 47102 of title 49, United States Code, for
fiscal years 2018 through 2023--
(1) the definition of the term ``airport development'' under
that section includes the construction of a storage facility to
shelter snow removal equipment or aircraft rescue and
firefighting equipment that is owned by an airport sponsor and
used exclusively to maintain safe airfield operations, up to the
facility size necessary to accommodate the types and quantities
of equipment prescribed by the FAA, regardless of whether
Federal funding was used to acquire the equipment;
(2) a storage facility to shelter snow removal equipment may
exceed the facility size limitation described in paragraph (1)
if the airport sponsor certifies to the Secretary that the
following conditions are met:
(A) The storage facility to be constructed will be
used to store snow removal equipment exclusively used
for clearing airfield pavement of snow and ice following
a weather event.
(B) The airport is categorized as a local general
aviation airport in the Federal Aviation
Administration's 2017-2021 National Plan of Integrated
Airport Systems (NPIAS) report.
(C) The 30-year annual snowfall normal of the
nearest weather station based on the National Oceanic
and Atmospheric Administration Summary of Monthly
Normals 1981-2010 exceeds 26 inches.
(D) The airport serves as a base for a medical air
ambulance transport aircraft.
(E) The airport master record (Form 5010-1)
effective on September 14, 2017 for the airport
indicates 45 based aircraft consisting of single engine,
multiple engine, and jet engine aircraft.
[[Page 132 STAT. 3224]]
(F) No funding under this section will be used for
any portion of the storage facility designed to shelter
maintenance and operations equipment that are not
required for clearing airfield pavement of snow and ice.
(G) The airport sponsor will complete design of the
storage building not later than September 30, 2019, and
will initiate construction of the storage building not
later than September 30, 2020.
(H) The area of the storage facility, or portion
thereof, to be funded under this subsection does not
exceed 6,000 square feet; and
(3) the definition of the term ``terminal development''
under that section includes the development of an airport access
road that--
(A) is located in a noncontiguous State;
(B) is not more than 5 miles in length;
(C) connects to the nearest public roadways of not
more than the 2 closest census designated places; and
(D) may provide incidental access to public or
private property that is adjacent to the road and is not
otherwise connected to a public road.
SEC. 163. LIMITED REGULATION OF NON-FEDERALLY SPONSORED PROPERTY.
(a) <<NOTE: 49 USC 47107 note.>> In General.--Except as provided in
subsection (b), the Secretary of Transportation may not directly or
indirectly regulate--
(1) the acquisition, use, lease, encumbrance, transfer, or
disposal of land by an airport owner or operator;
(2) any facility upon such land; or
(3) any portion of such land or facility.
(b) <<NOTE: 49 USC 47107 note.>> Exceptions.--Subsection (a) does
not apply to--
(1) any regulation ensuring--
(A) the safe and efficient operation of aircraft or
safety of people and property on the ground related to
aircraft operations;
(B) that an airport owner or operator receives not
less than fair market value in the context of a
commercial transaction for the use, lease, encumbrance,
transfer, or disposal of land, any facilities on such
land, or any portion of such land or facilities; or
(C) that the airport pays not more than fair market
value in the context of a commercial transaction for the
acquisition of land or facilities on such land;
(2) any regulation imposed with respect to land or a
facility acquired or modified using Federal funding; or
(3) any authority contained in--
(A) a Surplus Property Act instrument of transfer,
or
(B) section 40117 of title 49, United States Code.
(c) <<NOTE: 49 USC 47107 note.>> Rule of Construction.--Nothing in
this section shall be construed to affect the applicability of sections
47107(b) or 47133 of title 49, United States Code, to revenues generated
by the use, lease, encumbrance, transfer, or disposal of land under
subsection (a), facilities upon such land, or any portion of such land
or facilities.
(d) Amendments to Airport Layout Plans.--Section 47107(a)(16) of
title 49, United States Code, is amended--
[[Page 132 STAT. 3225]]
(1) by striking subparagraph (B) and inserting the
following:
``(B) the Secretary will review and approve or
disapprove only those portions of the plan (or any
subsequent revision to the plan) that materially impact
the safe and efficient operation of aircraft at, to, or
from the airport or that would adversely affect the
safety of people or property on the ground adjacent to
the airport as a result of aircraft operations, or that
adversely affect the value of prior Federal investments
to a significant extent;'';
(2) in subparagraph (C), by striking ``if the alteration''
and all that follows through ``airport; and'' and inserting the
following: ``unless the alteration--
``(i) is outside the scope of the Secretary's
review and approval authority as set forth in
subparagraph (B); or
``(ii) complies with the portions of the plan
approved by the Secretary; and''; and
(3) in subparagraph (D), in the matter preceding clause (i),
by striking ``when an alternation'' and all that follows through
``Secretary, will'' and inserting ``when an alteration in the
airport or its facility is made that is within the scope of the
Secretary's review and approval authority as set forth in
subparagraph (B), and does not conform with the portions of the
plan approved by the Secretary, and the Secretary decides that
the alteration adversely affects the safety, utility, or
efficiency of aircraft operations, or of any property on or off
the airport that is owned, leased, or financed by the
Government, then the owner or operator will, if requested by the
Secretary''.
SEC. 164. SEASONAL AIRPORTS.
Section 47114(c)(1) of title 49, United States Code, as amended by
this Act, is further amended by adding at the end the following:
``(I) Seasonal airports.--Notwithstanding section
47102, if the Secretary determines that a commercial
service airport with at least 8,000 passenger boardings
receives scheduled air carrier service for fewer than 6
months in the calendar year used to calculate
apportionments to airport sponsors in a fiscal year,
then the Secretary shall consider the airport to be a
nonhub primary airport for purposes of this chapter.''.
SEC. 165. AMENDMENTS TO DEFINITIONS.
Section 47102 of title 49, United States Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (K), by striking ``7505a) and if
such project will result in an airport receiving
appropriate'' and inserting ``7505a)) and if the airport
would be able to receive'';
(B) by striking subparagraph (L) and inserting the
following:
``(L) a project by a commercial service airport for
the acquisition of airport-owned vehicles or ground
support equipment equipped with low-emission technology
if the airport is located in an air quality
nonattainment or maintenance area (as defined in
sections 171(2) and 175A of the Clean Air Act (42 U.S.C.
7501(2); 7505a)), if the airport would be able to
receive appropriate emission
[[Page 132 STAT. 3226]]
credits (as described in section 47139), and the
vehicles are;
``(i) used exclusively on airport property; or
``(ii) used exclusively to transport
passengers and employees between the airport and
the airport's consolidated rental car facility or
an intermodal surface transportation facility
adjacent to the airport.''; and
(C) by adding at the end the following:
``(P) an on-airport project to improve the
reliability and efficiency of the airport's power supply
and to prevent power disruptions to the airfield,
passenger terminal, and any other airport facilities,
including the acquisition and installation of electrical
generators, separation of the airport's main power
supply from its redundant power supply, and the
construction or modification of airport facilities to
install a microgrid (as defined in section 641 of the
United States Energy Storage Competitiveness Act of 2007
(42 U.S.C. 17231)).
``(Q) converting or retrofitting vehicles and ground
support equipment into eligible zero-emission vehicles
and equipment (as defined in section 47136) and for
acquiring, by purchase or lease, eligible zero-emission
vehicles and equipment.
``(R) predevelopment planning, including financial,
legal, or procurement consulting services, related to an
application or proposed application for an exemption
under section 47134.'';
(2) in paragraph (5), by striking ``regulations'' and
inserting ``requirements''; and
(3) in paragraph (8), by striking ``public'' and inserting
``public-use''.
SEC. 166. PILOT PROGRAM SUNSETS.
(a) In General.--Sections 47136 and 47140 of title 49, United States
Code, are repealed.
(b) Conforming Amendments.--
(1) Sections 47136a and 47140a of title 49, United States
Code, are redesignated as sections 47136 and 47140,
respectively.
(2) Section 47139 of title 49, United States Code, is
amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
(c) Clerical Amendments.--The analysis for chapter 471 of title 49,
United States Code, <<NOTE: 49 USC 47101 prec.>> is amended--
(1) by striking the items relating to sections 47136,
47136a, 47140, and 47140a;
(2) by inserting after the item relating to section 47135
the following:
``47136. Zero-emission airport vehicles and infrastructure.''; and
(3) by inserting after the item relating to section 47139
the following:
``47140. Increasing the energy efficiency of airport power sources.''.
[[Page 132 STAT. 3227]]
SEC. 167. <<NOTE: 49 USC 50101 note.>> BUY AMERICA REQUIREMENTS.
(a) Notice of Waivers.--If the Secretary of Transportation
determines that it is necessary to waive the application of section
50101(a) of title 49, United States Code, based on a finding under
section 50101(b) of that title, the Secretary, at least 10 days before
the date on which the waiver takes effect, shall--
(1) make publicly available, in an easily identifiable
location on the website of the Department of Transportation, a
detailed written justification of the waiver determination; and
(2) provide an informal public notice and comment
opportunity on the waiver determination.
(b) Annual Report.--For each fiscal year, the Secretary shall submit
to the appropriate committees of Congress a report on waivers issued
under section 50101 of title 49, United States Code, during the fiscal
year.
Subtitle D--Airport Noise and Environmental Streamlining
SEC. 171. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY
ASSESSMENTS.
(a) Cost Reimbursements.--Section 47140(a) of title 49, United
States Code, as so redesignated, is amended by striking ``airport.'' and
inserting ``airport, and to reimburse the airport sponsor for the costs
incurred in conducting the assessment.''.
(b) Safety Priority.--Section 47140(b)(2) of title 49, United States
Code, as so redesignated, is amended by inserting ``, including a
certification that no safety projects are being be deferred by
requesting a grant under this section,'' after ``an application''.
SEC. 172. <<NOTE: 49 USC 47521 note.>> AUTHORIZATION OF CERTAIN
FLIGHTS BY STAGE 2 AIRCRAFT.
(a) In General.--Notwithstanding chapter 475 of title 49, United
States Code, not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration shall
initiate a pilot program to permit an operator of a stage 2 aircraft to
operate that aircraft in nonrevenue service into not more than 4 medium
hub airports or nonhub airports if--
(1) the airport--
(A) is certified under part 139 of title 14, Code of
Federal Regulations;
(B) has a runway that--
(i) is longer than 8,000 feet and not less
than 200 feet wide; and
(ii) is load bearing with a pavement
classification number of not less than 38; and
(C) has a maintenance facility with a maintenance
certificate issued under part 145 of such title; and
(2) the operator of the stage 2 aircraft operates not more
than 10 flights per month using that aircraft.
(b) Termination.--The pilot program shall terminate on the earlier
of--
(1) the date that is 10 years after the date of the
enactment of this Act; or
[[Page 132 STAT. 3228]]
(2) the date on which the Administrator determines that no
stage 2 aircraft remain in service.
(c) Definitions.--In this section:
(1) Medium hub airport; nonhub airport.--The terms ``medium
hub airport'' and ``nonhub airport'' have the meanings given
those terms in section 40102 of title 49, United States Code.
(2) Stage 2 aircraft.--The term ``stage 2 aircraft'' has the
meaning given the term ``stage 2 airplane'' in section 91.851 of
title 14, Code of Federal Regulations (as in effect on the day
before the date of the enactment of this Act).
SEC. 173. ALTERNATIVE AIRPLANE NOISE METRIC EVALUATION DEADLINE.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall complete the
ongoing evaluation of alternative metrics to the current Day Night Level
(DNL) 65 standard.
SEC. 174. UPDATING AIRPORT NOISE EXPOSURE MAPS.
Section 47503(b) of title 49, United States Code, is amended to read
as follows:
``(b) Revised Maps.--
``(1) In general.--An airport operator that submits a noise
exposure map under subsection (a) shall submit a revised map to
the Secretary if, in an area surrounding an airport, a change in
the operation of the airport would establish a substantial new
noncompatible use, or would significantly reduce noise over
existing noncompatible uses, that is not reflected in either the
existing conditions map or forecast map currently on file with
the Federal Aviation Administration.
``(2) Timing.--A submission under paragraph (1) shall be
required only if the relevant change in the operation of the
airport occurs during--
``(A) the forecast period of the applicable noise
exposure map submitted by an airport operator under
subsection (a); or
``(B) the implementation period of the airport
operator's noise compatibility program.''.
SEC. 175. <<NOTE: 49 USC 47501 note.>> ADDRESSING COMMUNITY NOISE
CONCERNS.
When proposing a new area navigation departure procedure, or
amending an existing procedure that would direct aircraft between the
surface and 6,000 feet above ground level over noise sensitive areas,
the Administrator of the Federal Aviation Administration shall consider
the feasibility of dispersal headings or other lateral track variations
to address community noise concerns, if--
(1) the affected airport operator, in consultation with the
affected community, submits a request to the Administrator for
such a consideration;
(2) the airport operator's request would not, in the
judgment of the Administrator, conflict with the safe and
efficient operation of the national airspace system; and
(3) the effect of a modified departure procedure would not
significantly increase noise over noise sensitive areas, as
determined by the Administrator.
[[Page 132 STAT. 3229]]
SEC. 176. COMMUNITY INVOLVEMENT IN FAA NEXTGEN PROJECTS LOCATED IN
METROPLEXES.
(a) Community Involvement Policy.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Federal Aviation
Administration shall complete a review of the Federal Aviation
Administration's community involvement practices for Next Generation Air
Transportation System (NextGen) projects located in metroplexes
identified by the Administration. The review shall include, at a
minimum, a determination of how and when to engage airports and
communities in performance-based navigation proposals.
(b) Report.--Not later than 60 days after completion of the review,
the Administrator shall submit to the appropriate committees of Congress
a report on--
(1) how the Administration will improve community
involvement practices for NextGen projects located in
metroplexes;
(2) how and when the Administration will engage airports and
communities in performance-based navigation proposals; and
(3) lessons learned from NextGen projects and pilot programs
and how those lessons learned are being integrated into
community involvement practices for future NextGen projects
located in metroplexes.
SEC. 177. LEAD EMISSIONS.
(a) Study.--The Secretary of Transportation shall enter into
appropriate arrangements with the National Academies of Sciences,
Engineering, and Medicine under which the National Research Council will
study aviation gasoline.
(b) Contents.--The study shall include an assessment of--
(1) existing non-leaded fuel alternatives to the aviation
gasoline used by piston-powered general aviation aircraft;
(2) ambient lead concentrations at and around airports where
piston-powered general aviation aircraft are used; and
(3) mitigation measures to reduce ambient lead
concentrations, including increasing the size of run-up areas,
relocating run-up areas, imposing restrictions on aircraft using
aviation gasoline, and increasing the use of motor gasoline in
piston-powered general aviation aircraft.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress the study developed by the National Research
Council pursuant to this section.
SEC. 178. TERMINAL SEQUENCING AND SPACING.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall provide a
briefing to the appropriate committees of Congress on the status of
Terminal Sequencing and Spacing (TSAS) implementation across all
completed NextGen metroplexes with specific information provided by
airline regarding the adoption and equipping of aircraft and the
training of pilots in its use.
SEC. 179. AIRPORT NOISE MITIGATION AND SAFETY STUDY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration shall
initiate a study to review and evaluate existing studies
[[Page 132 STAT. 3230]]
and analyses of the relationship between jet aircraft approach and
takeoff speeds and corresponding noise impacts on communities
surrounding airports.
(b) Considerations.--In conducting the study initiated under
subsection (a), the Administrator shall determine--
(1) whether a decrease in jet aircraft approach or takeoff
speeds results in significant aircraft noise reductions;
(2) whether the jet aircraft approach or takeoff speed
reduction necessary to achieve significant noise reductions--
(A) jeopardizes aviation safety; or
(B) decreases the efficiency of the National
Airspace System, including lowering airport capacity,
increasing travel times, or increasing fuel burn;
(3) the advisability of using jet aircraft approach or
takeoff speeds as a noise mitigation technique; and
(4) if the Administrator determines that using jet aircraft
approach or takeoff speeds as a noise mitigation technique is
advisable, whether any of the metropolitan areas specifically
identified in section 189(b)(2) would benefit from such a noise
mitigation technique without a significant impact to aviation
safety or the efficiency of the National Airspace System.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study initiated under
subsection (a).
SEC. 180. <<NOTE: 49 USC 106 note.>> REGIONAL OMBUDSMEN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, with respect to each region of the Federal Aviation
Administration, the Regional Administrator for that region shall
designate an individual to be the Regional Ombudsman for the region.
(b) Requirements.--Each Regional Ombudsman shall--
(1) serve as a regional liaison with the public, including
community groups, on issues regarding aircraft noise, pollution,
and safety;
(2) make recommendations to the Administrator for the region
to address concerns raised by the public and improve the
consideration of public comments in decision-making processes;
and
(3) be consulted on proposed changes in aircraft operations
affecting the region, including arrival and departure routes, in
order to minimize environmental impacts, including noise.
SEC. 181. <<NOTE: 49 USC 40101 note.>> FAA LEADERSHIP ON CIVIL
SUPERSONIC AIRCRAFT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall exercise leadership in the creation of Federal and
international policies, regulations, and standards relating to the
certification and safe and efficient operation of civil supersonic
aircraft.
(b) Exercise of Leadership.--In carrying out subsection (a), the
Administrator shall--
(1) consider the needs of the aerospace industry and other
stakeholders when creating policies, regulations, and standards
that enable the safe commercial deployment of civil supersonic
aircraft technology and the safe and efficient operation of
civil supersonic aircraft; and
[[Page 132 STAT. 3231]]
(2) obtain the input of aerospace industry stakeholders
regarding--
(A) the appropriate regulatory framework and
timeline for permitting the safe and efficient operation
of civil supersonic aircraft within United States
airspace, including updating or modifying existing
regulations on such operation;
(B) issues related to standards and regulations for
the type certification and safe operation of civil
supersonic aircraft, including noise certification,
including--
(i) the operational differences between
subsonic aircraft and supersonic aircraft;
(ii) costs and benefits associated with
landing and takeoff noise requirements for civil
supersonic aircraft, including impacts on aircraft
emissions;
(iii) public and economic benefits of the
operation of civil supersonic aircraft and
associated aerospace industry activity; and
(iv) challenges relating to ensuring that
standards and regulations aimed at relieving and
protecting the public health and welfare from
aircraft noise and sonic booms are economically
reasonable, technologically practicable, and
appropriate for civil supersonic aircraft; and
(C) other issues identified by the Administrator or
the aerospace industry that must be addressed to enable
the safe commercial deployment and safe and efficient
operation of civil supersonic aircraft.
(c) International Leadership.--The Administrator, in the appropriate
international forums, shall take actions that--
(1) demonstrate global leadership under subsection (a);
(2) address the needs of the aerospace industry identified
under subsection (b); and
(3) protect the public health and welfare.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report detailing--
(1) the Administrator's actions to exercise leadership in
the creation of Federal and international policies, regulations,
and standards relating to the certification and safe and
efficient operation of civil supersonic aircraft;
(2) planned, proposed, and anticipated actions to update or
modify existing policies and regulations related to civil
supersonic aircraft, including those identified as a result of
industry consultation and feedback; and
(3) a timeline for any actions to be taken to update or
modify existing policies and regulations related to civil
supersonic aircraft.
(e) Long-term Regulatory Reform.--
(1) Noise standards.--Not later than March 31, 2020, the
Administrator shall issue a notice of proposed rulemaking to
revise part 36 of title 14, Code of Federal Regulations, to
include supersonic aircraft in the applicability of such part.
The proposed rule shall include necessary definitions, noise
standards for landing and takeoff, and noise test requirements
that would apply to a civil supersonic aircraft.
[[Page 132 STAT. 3232]]
(2) Special flight authorizations.--Not later than December
31, 2019, the Administrator shall issue a notice of proposed
rulemaking to revise appendix B of part 91 of title 14, Code of
Federal Regulations, to modernize the application process for a
person applying to operate a civil aircraft at supersonic speeds
for the purposes stated in that rule.
(f) Near-Term Certification of Supersonic Civil Aircraft.--
(1) In general.--If a person submits an application
requesting type certification of a civil supersonic aircraft
pursuant to part 21 of title 14, Code of Federal Regulations,
before the Administrator promulgates a final rule amending part
36 of title 14, Code of Federal Regulations, in accordance with
subsection (e)(1), the Administrator shall, not later than 18
months after having received such application, issue a notice of
proposed rulemaking applicable solely for the type
certification, inclusive of the aircraft engines, of the
supersonic aircraft design for which such application was made.
(2) Contents.--A notice of proposed rulemaking described in
paragraph (1) shall--
(A) address safe operation of the aircraft type,
including development and flight testing prior to type
certification;
(B) address manufacturing of the aircraft;
(C) address continuing airworthiness of the
aircraft;
(D) specify landing and takeoff noise standards for
that aircraft type that the Administrator considers
appropriate, practicable, and consistent with section
44715 of title 49, United States Code; and
(E) consider differences between subsonic and
supersonic aircraft including differences in thrust
requirements at equivalent gross weight, engine
requirements, aerodynamic characteristics, operational
characteristics, and other physical properties.
(3) Noise and performance data.--The requirement of the
Administrator to issue a notice of proposed rulemaking under
paragraph (1) shall apply only if an application contains
sufficient aircraft noise and performance data as the
Administrator finds necessary to determine appropriate noise
standards and operating limitations for the aircraft type
consistent with section 44715 of title 49, United States Code.
(4) Final rule.--Not later than 18 months after the end of
the public comment period provided in the notice of proposed
rulemaking required under paragraph (1), the Administrator shall
publish in the Federal Register a final rule applying solely to
the aircraft model submitted for type certification.
(5) Review of rules of civil supersonic flights.--Beginning
December 31, 2020, and every 2 years thereafter, the
Administrator shall review available aircraft noise and
performance data, and consult with heads of appropriate Federal
agencies, to determine whether section 91.817 of title 14, Code
of Federal Regulations, and Appendix B of part 91 of title 14,
Code of Federal Regulations, may be amended, consistent with
section 44715 of title 49, United States Code, to permit
supersonic flight of civil aircraft over land in the United
States.
(6) Implementation of noise standards.--The portion of the
regulation issued by the Administrator of the Federal
[[Page 132 STAT. 3233]]
Aviation Administration titled ``Revision of General Operating
and Flight Rules'' and published in the Federal Register on
August 18, 1989 (54 Fed. Reg. 34284) that restricts operation of
civil aircraft at a true flight Mach number greater than 1 shall
have no force or effect beginning on the date on which the
Administrator publishes in the Federal Register a final rule
specifying sonic boom noise standards for civil supersonic
aircraft.
SEC. 182. MANDATORY USE OF THE NEW YORK NORTH SHORE HELICOPTER
ROUTE.
(a) Public Comment Period.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall provide notice of, and an opportunity for,
at least 60 days of public comment with respect to the
regulations in subpart H of part 93 of title 14, Code of Federal
Regulations.
(2) Timing.--The public comment period required under
paragraph (1) shall begin not later than 30 days after the date
of enactment of this Act.
(b) Public Hearing.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall hold a public hearing in
the communities impacted by the regulations described in subsection
(a)(1) to solicit feedback with respect to the regulations.
(c) Review.--Not later than 30 days after the date of enactment of
this Act, the Administrator shall initiate a review of the regulations
described in subsection (a)(1) that assesses the--
(1) noise impacts of the regulations for communities,
including communities in locations where aircraft are
transitioning to or from a destination or point of landing;
(2) enforcement of applicable flight standards, including
requirements for helicopters operating on the relevant route to
remain at or above 2,500 feet mean sea level; and
(3) availability of alternative or supplemental routes to
reduce the noise impacts of the regulations, including the
institution of an all water route over the Atlantic Ocean.
SEC. 183. STATE STANDARDS FOR AIRPORT PAVEMENTS.
Section 47105(c) of title 49, United States Code, is amended--
(1) by inserting ``(1) In general.--'' before ``The
Secretary'' the first place it appears; and
(2) by adding at the end the following:
``(2) Pavement standards.--
``(A) Technical assistance.--At the request of a
State, the Secretary shall, not later than 30 days after
the date of the request, provide technical assistance to
the State in developing standards, acceptable to the
Secretary under subparagraph (B), for pavement on
nonprimary public-use airports in the State.
``(B) Requirements.--The Secretary shall--
``(i) continue to provide technical assistance
under subparagraph (A) until the standards are
approved under paragraph (1); and
``(ii) clearly indicate to the State the
standards that are acceptable to the Secretary,
considering, at a minimum, local conditions and
locally available materials.''.
[[Page 132 STAT. 3234]]
SEC. 184. ELIGIBILITY OF PILOT PROGRAM AIRPORTS.
(a) Discretionary Fund.--Section 47115 of title 49, United States
Code, is further amended by adding at the end the following:
``(k) Partnership Program Airports.--
``(1) Authority.--The Secretary may make grants with funds
made available under this section for an airport participating
in the program under section 47134 if--
``(A) the Secretary has approved the application of
an airport sponsor under section 47134(b) in fiscal year
2019; and
``(B) the grant will--
``(i) satisfy an obligation incurred by an
airport sponsor under section 47110(e) or funded
by a nonpublic sponsor for an airport development
project on the airport; or
``(ii) provide partial Federal reimbursement
for airport development (as defined in section
47102) on the airport layout plan initiated in the
fiscal year in which the application was approved,
or later, for over a period of not more than 10
years.
``(2) Nonapplicability of certain sections.--Grants made
under this subsection shall not be subject to--
``(A) subsection (c) of this section;
``(B) section 47117(e); or
``(C) any other apportionment formula, special
apportionment category, or minimum percentage set forth
in this chapter.''.
(b) Allowable Project Costs; Letters of Intent.--Section 47110(e) of
such title is amended by adding at the end the following:
``(7) Partnership Program Airports.--The Secretary may issue a
letter of intent under this section to an airport sponsor with an
approved application under section 47134(b) if--
``(A) the application was approved in fiscal year 2019; and
``(B) the project meets all other requirements set forth in
this chapter.''.
SEC. 185. GRANDFATHERING OF CERTAIN DEED AGREEMENTS GRANTING
THROUGH-THE-FENCE ACCESS TO GENERAL
AVIATION AIRPORTS.
Section 47107(s) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Exemption.--The terms and conditions of paragraph (2)
shall not apply to an agreement described in paragraph (1) made
before the enactment of the FAA Modernization and Reform Act of
2012 (Public Law 112-95) that the Secretary determines does not
comply with such terms and conditions but involves property that
is subject to deed or lease restrictions that are considered
perpetual and that cannot readily be brought into compliance.
However, if the Secretary determines that the airport sponsor
and residential property owners are able to make any
modification to such an agreement on or after the date of
enactment of this paragraph, the exemption provided by this
paragraph shall no longer apply.''.
SEC. 186. STAGE 3 AIRCRAFT STUDY.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall
[[Page 132 STAT. 3235]]
initiate a review of the potential benefits, costs, and other impacts
that would result from a phaseout of covered stage 3 aircraft.
(b) Contents.--The review shall include--
(1) a determination of the number, types, frequency of
operations, and owners and operators of covered stage 3
aircraft;
(2) an analysis of the potential benefits, costs, and other
impacts to air carriers, general aviation operators, airports,
communities surrounding airports, and the general public
associated with phasing out or reducing the operations of
covered stage 3 aircraft, assuming such a phaseout or reduction
is put into effect over a reasonable period of time;
(3) a determination of lessons learned from the phaseout of
stage 2 aircraft that might be applicable to a phaseout or
reduction in the operations of covered stage 3 aircraft,
including comparisons between the benefits, costs, and other
impacts associated with the phaseout of stage 2 aircraft and the
potential benefits, costs, and other impacts determined under
paragraph (2);
(4) a determination of the costs and logistical challenges
associated with recertifying stage 3 aircraft capable of meeting
stage 4 noise levels; and
(5) a determination of stakeholder views on the feasibility
and desirability of phasing out covered stage 3 aircraft,
including the views of--
(A) air carriers;
(B) airports;
(C) communities surrounding airports;
(D) aircraft and avionics manufacturers;
(E) operators of covered stage 3 aircraft other than
air carriers; and
(F) such other stakeholders and aviation experts as
the Comptroller General considers appropriate.
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the review.
(d) Covered Stage 3 Aircraft Defined.--In this section, the term
``covered stage 3 aircraft'' means a civil subsonic jet aircraft that is
not capable of meeting the stage 4 noise levels in part 36 of title 14,
Code of Federal Regulations.
SEC. 187. AIRCRAFT NOISE EXPOSURE.
(a) Review.--The Administrator of the Federal Aviation
Administration shall conclude the Administrator's ongoing review of the
relationship between aircraft noise exposure and its effects on
communities around airports.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress a report containing the results of the review.
(2) Preliminary recommendations.--The report shall contain
such preliminary recommendations as the Administrator determines
appropriate for revising the land use compatibility guidelines
in part 150 of title 14, Code of Federal Regulations, based on
the results of the review and in coordination with other
agencies.
[[Page 132 STAT. 3236]]
SEC. 188. STUDY REGARDING DAY-NIGHT AVERAGE SOUND LEVELS.
(a) Study.--The Administrator of the Federal Aviation Administration
shall evaluate alternative metrics to the current average day-night
level standard, such as the use of actual noise sampling and other
methods, to address community airplane noise concerns.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study under subsection (a).
SEC. 189. STUDY ON POTENTIAL HEALTH AND ECONOMIC IMPACTS OF
OVERFLIGHT NOISE.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall enter into an agreement with an eligible institution of higher
education to conduct a study on the health impacts of noise from
aircraft flights on residents exposed to a range of noise levels from
such flights.
(b) Scope of Study.--The study conducted under subsection (a)
shall--
(1) include an examination of the incremental health impacts
attributable to noise exposure that result from aircraft
flights, including sleep disturbance and elevated blood
pressure;
(2) be focused on residents in the metropolitan area of--
(A) Boston;
(B) Chicago;
(C) the District of Columbia;
(D) New York;
(E) the Northern California Metroplex;
(F) Phoenix;
(G) the Southern California Metroplex;
(H) Seattle; or
(I) such other area as may be identified by the
Administrator;
(3) consider, in particular, the incremental health impacts
on residents living partly or wholly underneath flight paths
most frequently used by aircraft flying at an altitude lower
than 10,000 feet, including during takeoff or landing;
(4) include an assessment of the relationship between a
perceived increase in aircraft noise, including as a result of a
change in flight paths that increases the visibility of aircraft
from a certain location, and an actual increase in aircraft
noise, particularly in areas with high or variable levels of
nonaircraft-related ambient noise; and
(5) consider the economic harm or benefits to businesses
located party or wholly underneath flight paths most frequently
used by aircraft flying at an altitude lower than 10,000 feet,
including during takeoff or landing.
(c) Eligibility.--An institution of higher education is eligible to
conduct the study if the institution--
(1) has--
(A) a school of public health that has participated
in the Center of Excellence for Aircraft Noise and
Aviation Emissions Mitigation of the Federal Aviation
Administration; or
[[Page 132 STAT. 3237]]
(B) a center for environmental health that receives
funding from the National Institute of Environmental
Health Sciences;
(2) is located in one of the areas identified in subsection
(b);
(3) applies to the Administrator in a timely fashion;
(4) demonstrates to the satisfaction of the Administrator
that the institution is qualified to conduct the study;
(5) agrees to submit to the Administrator, not later than 3
years after entering into an agreement under subsection (a), the
results of the study, including any source materials used; and
(6) meets such other requirements as the Administrator
determines necessary.
(d) Submission of Study.--Not later than 90 days after the
Administrator receives the results of the study, the Administrator shall
submit to the appropriate committees of Congress the study and a summary
of the results.
SEC. 190. <<NOTE: 49 USC 47104 note.>> ENVIRONMENTAL MITIGATION
PILOT PROGRAM.
(a) In General.--The Secretary of Transportation may carry out a
pilot program involving not more than 6 projects at public-use airports
in accordance with this section.
(b) Grants.--In carrying out the program, the Secretary may make
grants to sponsors of public-use airports from funds apportioned under
section 47117(e)(1)(A) of title 49, United States Code.
(c) Use of Funds.--Amounts from a grant received by the sponsor of a
public-use airport under the program shall be used for environmental
mitigation projects that will measurably reduce or mitigate aviation
impacts on noise, air quality, or water quality at the airport or within
5 miles of the airport.
(d) Eligibility.--Notwithstanding any other provision of chapter 471
of title 49, United States Code, an environmental mitigation project
approved under this section shall be treated as eligible for assistance
under that chapter.
(e) Selection Criteria.--In selecting from among applicants for
participation in the program, the Secretary may give priority
consideration to projects that--
(1) will achieve the greatest reductions in aircraft noise,
airport emissions, or airport water quality impacts either on an
absolute basis or on a per dollar of funds expended basis; and
(2) will be implemented by an eligible consortium.
(f) Federal Share.--The Federal share of the cost of a project
carried out under the program shall be 50 percent.
(g) Maximum Amount.--Not more than $2,500,000 may be made available
by the Secretary in grants under the program for any single project.
(h) Identifying Best Practices.--The Secretary may establish and
publish information identifying best practices for reducing or
mitigating aviation impacts on noise, air quality, and water quality at
airports or in the vicinity of airports based on the projects carried
out under the program.
(i) Sunset.--The program shall terminate 5 years after the Secretary
makes the first grant under the program.
(j) Definitions.--In this section, the following definitions apply:
[[Page 132 STAT. 3238]]
(1) Eligible consortium.--The term ``eligible consortium''
means a consortium that is composed of 2 or more of the
following entities:
(A) Businesses incorporated in the United States.
(B) Public or private educational or research
organizations located in the United States.
(C) Entities of State or local governments in the
United States.
(D) Federal laboratories.
(2) Environmental mitigation project.--The term
``environmental mitigation project'' means a project that--
(A) introduces new environmental mitigation
techniques or technologies that have been proven in
laboratory demonstrations;
(B) proposes methods for efficient adaptation or
integration of new concepts into airport operations; and
(C) will demonstrate whether new techniques or
technologies for environmental mitigation are--
(i) practical to implement at or near multiple
public-use airports; and
(ii) capable of reducing noise, airport
emissions, or water quality impacts in measurably
significant amounts.
(k) Authorization for the Transfer of Funds From Department of
Defense.--
(1) In general.--The Administrator of the Federal Aviation
Administration may accept funds from the Secretary of Defense to
increase the authorized funding for this section by the amount
of such transfer only to carry out projects designed for
environmental mitigation at a site previously, but not
currently, managed by the Department of Defense.
(2) Additional grantees.--If additional funds are made
available by the Secretary of Defense under paragraph (1), the
Administrator may increase the number of grantees under
subsection (a).
SEC. 191. EXTENDING AVIATION DEVELOPMENT STREAMLINING.
(a) In General.--Section 47171 of title 49, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``general aviation airport construction or
improvement projects,'' after ``congested airports,'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
``(2) General aviation airport construction or improvement
project.--A general aviation airport construction or improvement
project shall be subject to the coordinated and expedited
environmental review process requirements set forth in this
section.'';
(3) in subsection (c)(1), by striking ``subsection (b)(2)''
and inserting ``subsection (b)(3)'';
(4) in subsection (d), by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)'';
(5) in subsection (h), by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)''; and
[[Page 132 STAT. 3239]]
(6) in subsection (k), by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)''.
(b) Definitions.--Section 47175 of title 49, United States Code, is
amended by adding at the end the following:
``(8) General aviation airport construction or improvement
project.--The term `general aviation airport construction or
improvement project' means--
``(A) a project for the construction or extension of
a runway, including any land acquisition, helipad,
taxiway, safety area, apron, or navigational aids
associated with the runway or runway extension, at a
general aviation airport, a reliever airport, or a
commercial service airport that is not a primary airport
(as such terms are defined in section 47102); and
``(B) any other airport development project that the
Secretary designates as facilitating aviation capacity
building projects at a general aviation airport.''.
SEC. 192. ZERO-EMISSION VEHICLES AND TECHNOLOGY.
(a) In General.--Section 47136 of title 49, United States Code, as
so redesignated, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary of Transportation may establish a
pilot program under which the sponsors of public-use airports may use
funds made available under this chapter or section 48103 for use at such
airports to carry out--
``(1) activities associated with the acquisition, by
purchase or lease, and operation of eligible zero-emission
vehicles and equipment, including removable power sources for
such vehicles; and
``(2) the construction or modification of infrastructure to
facilitate the delivery of fuel, power or services necessary for
the use of such vehicles.
``(b) Eligibility.--A public-use airport is eligible for
participation in the program if the eligible vehicles or equipment are--
``(1) used exclusively on airport property; or
``(2) used exclusively to transport passengers and employees
between the airport and--
``(A) nearby facilities which are owned or
controlled by the airport or which otherwise directly
support the functions or services provided by the
airport; or
``(B) an intermodal surface transportation facility
adjacent to the airport.'';
(2) by striking subsections (d) through (f) and inserting
the following:
``(d) Federal Share.--The Federal share of the cost of a project
carried out under the program shall be the Federal share specified in
section 47109.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport may
use not more than 10 percent of the amounts made available to
the sponsor under the program in any fiscal year for--
``(A) technical assistance; and
``(B) project management support to assist the
airport with the solicitation, acquisition, and
deployment of zero-
[[Page 132 STAT. 3240]]
emission vehicles, related equipment, and supporting
infrastructure.
``(2) Providers of technical assistance.--To receive the
technical assistance or project management support described in
paragraph (1), participants in the program may use--
``(A) a nonprofit organization selected by the
Secretary; or
``(B) a university transportation center receiving
grants under section 5505 in the region of the airport.
``(f) Materials Identifying Best Practices.--The Secretary may
create and make available materials identifying best practices for
carrying out activities funded under the program based on previous
related projects and other sources.
``(g) Allowable Project Cost.--The allowable project cost for the
acquisition of a zero-emission vehicle shall be the total cost of
purchasing or leasing the vehicle, including the cost of technical
assistance or project management support described in subsection (e).
``(h) Flexible Procurement.--A sponsor of a public-use airport may
use funds made available under the program to acquire, by purchase or
lease, a zero-emission vehicle and a removable power source in separate
transactions, including transactions by which the airport purchases the
vehicle and leases the removable power source.
``(i) Testing Required.--
``(1) In general.--A sponsor of a public-use airport may not
use funds made available under the program to acquire a zero-
emission vehicle unless that make, model, or type of vehicle has
been tested by a Federal vehicle testing facility acceptable to
the Secretary.
``(2) Penalties for false statements.--A certification of
compliance under paragraph (1) shall be considered a
certification required under this subchapter for purposes of
section 47126.
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Eligible zero-emission vehicle and equipment.--The
term `eligible zero-emission vehicle and equipment' means a
zero-emission vehicle, equipment related to such a vehicle, or
ground support equipment that includes zero-emission technology
that is--
``(A) used exclusively on airport property; or
``(B) used exclusively to transport passengers and
employees between the airport and--
``(i) nearby facilities which are owned or
controlled by the airport or which otherwise
directly support the functions or services
provided by the airport; or
``(ii) an intermodal surface transportation
facility adjacent to the airport.
``(2) Removable power source.--The term `removable power
source' means a power source that is separately installed in,
and removable from, a zero-emission vehicle and may include a
battery, a fuel cell, an ultra-capacitor, or other power source
used in a zero-emission vehicle.
``(3) Zero-emission vehicle.--The term `zero-emission
vehicle' means--
[[Page 132 STAT. 3241]]
``(A) a zero-emission vehicle as defined in section
88.102-94 of title 40, Code of Federal Regulations; or
``(B) a vehicle that produces zero exhaust emissions
of any criteria pollutant (or precursor pollutant) under
any possible operational modes and conditions.''.
(b) Special Apportionment Categories.--Section 47117(e)(1)(A) of
title 49, United States Code, is amended by inserting ``for airport
development described in section 47102(3)(Q),'' after ``under section
47141,''.
(c) <<NOTE: 49 USC 47136 note.>> Deployment of Zero Emission
Vehicle Technology.--
(1) Establishment.--The Secretary of Transportation may
establish a zero-emission airport technology program--
(A) to facilitate the deployment of commercially
viable zero-emission airport vehicles, technology, and
related infrastructure; and
(B) to minimize the risk of deploying such vehicles,
technology, and infrastructure.
(2) General authority.--
(A) Assistance to nonprofit organizations.--The
Secretary may provide assistance under the program to
not more than 3 geographically diverse, eligible
organizations to conduct zero-emission airport
technology and infrastructure projects.
(B) Forms of assistance.--The Secretary may provide
assistance under the program in the form of grants,
contracts, and cooperative agreements.
(3) Selection of participants.--
(A) National solicitation.--In selecting
participants, the Secretary shall--
(i) conduct a national solicitation for
applications for assistance under the program; and
(ii) select the recipients of assistance under
the program on a competitive basis.
(B) Considerations.--In selecting from among
applicants for assistance under the program, the
Secretary shall consider--
(i) the ability of an applicant to contribute
significantly to deploying zero-emission
technology as the technology relates to airport
operations;
(ii) the financing plan and cost-share
potential of the applicant; and
(iii) other factors, as the Secretary
determines appropriate.
(C) Priority.--ln selecting from among applicants
for assistance under the program, the Secretary shall
give priority consideration to an applicant that has
successfully managed advanced transportation technology
projects, including projects related to zero-emission
transportation operations.
(4) Eligible projects.--A recipient of assistance under the
program shall use the assistance--
(A) to review and conduct demonstrations of zero-
emission technologies and related infrastructure at
airports;
(B) to evaluate the credibility of new, unproven
vehicle and energy-efficient technologies in various
aspects of airport operations prior to widespread
investment in the technologies by airports and the
aviation industry;
[[Page 132 STAT. 3242]]
(C) to collect data and make the recipient's
findings available to airports, so that airports can
evaluate the applicability of new technologies to their
facilities; and
(D) to report the recipient's findings to the
Secretary.
(5) Administrative provisions.--
(A) Federal share.--The Federal share of the cost of
a project carried out under the program may not exceed
80 percent.
(B) Terms and conditions.--A grant, contract, or
cooperative agreement under this section shall be
subject to such terms and conditions as the Secretary
determines appropriate.
(6) Definitions.--In this subsection, the following
definitions apply:
(A) Eligible organization.--The term ``eligible
organization'' means an organization that has expertise
in zero-emission technology.
(B) Organization.--The term ``organization'' means--
(i) described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of the Internal Revenue Code
of 1986;
(ii) a university transportation center
receiving grants under section 5505 of title 49,
United States Code; or
(iii) any other Federal or non-Federal entity
as the Secretary considers appropriate.
TITLE II--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
SEC. 201. <<NOTE: 49 USC 44701 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) Advisory committee.--The term ``Advisory Committee''
means the Safety Oversight and Certification Advisory Committee
established under section 202.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Systems safety approach.--The term ``systems safety
approach'' means the application of specialized technical and
managerial skills to the systematic, forward-looking
identification and control of hazards throughout the lifecycle
of a project, program, or activity.
SEC. 202. <<NOTE: 49 USC 44701 note.>> SAFETY OVERSIGHT AND
CERTIFICATION ADVISORY COMMITTEE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish a Safety Oversight
and Certification Advisory Committee.
[[Page 132 STAT. 3243]]
(b) Duties.--The Advisory Committee shall provide advice to the
Secretary on policy-level issues facing the aviation community that are
related to FAA safety oversight and certification programs and
activities, including, at a minimum, the following:
(1) Aircraft and flight standards certification processes,
including efforts to streamline those processes.
(2) Implementation and oversight of safety management
systems.
(3) Risk-based oversight efforts.
(4) Utilization of delegation and designation authorities,
including organization designation authorization.
(5) Regulatory interpretation standardization efforts.
(6) Training programs.
(7) Expediting the rulemaking process and giving priority to
rules related to safety.
(8) Enhancing global competitiveness of United States
manufactured and United States certificated aerospace and
aviation products and services throughout the world.
(c) Functions.--In carrying out its duties under subsection (b), the
Advisory Committee shall:
(1) Foster industry collaboration in an open and transparent
manner.
(2) Consult with, and ensure participation by--
(A) the private sector, including representatives
of--
(i) general aviation;
(ii) commercial aviation;
(iii) aviation labor;
(iv) aviation maintenance, repair, and
overhaul;
(v) aviation, aerospace, and avionics
manufacturing;
(vi) unmanned aircraft systems operators and
manufacturers; and
(vii) the commercial space transportation
industry;
(B) members of the public; and
(C) other interested parties.
(3) Recommend consensus national goals, strategic
objectives, and priorities for the most efficient, streamlined,
and cost-effective certification and safety oversight processes
in order to maintain the safety of the aviation system and, at
the same time, allow the FAA to meet future needs and ensure
that aviation stakeholders remain competitive in the global
marketplace.
(4) Provide policy guidance recommendations for the FAA's
certification and safety oversight efforts.
(5) On a regular basis, review and provide recommendations
on the FAA's certification and safety oversight efforts.
(6) Periodically review and evaluate registration,
certification, and related fees.
(7) Provide appropriate legislative, regulatory, and
guidance recommendations for the air transportation system and
the aviation safety regulatory environment.
(8) Recommend performance objectives for the FAA and
industry.
(9) Recommend performance metrics and goals to track and
review the FAA and the regulated aviation industry on
[[Page 132 STAT. 3244]]
their progress towards streamlining certification reform,
conducting flight standards reform, and carrying out regulation
consistency efforts.
(10) Provide a venue for tracking progress toward national
goals and sustaining joint commitments.
(11) Recommend recruiting, hiring, training, and continuing
education objectives for FAA aviation safety engineers and
aviation safety inspectors.
(12) Provide advice and recommendations to the FAA on how to
prioritize safety rulemaking projects.
(13) Improve the development of FAA regulations by providing
information, advice, and recommendations related to aviation
issues.
(14) Facilitate the validation and acceptance of United
States manufactured and United States certificated products and
services throughout the world.
(d) Membership.--
(1) In general.--The Advisory Committee shall be composed of
the following members:
(A) The Administrator (or the Administrator's
designee).
(B) At least 11 individuals, appointed by the
Secretary, each of whom represents at least 1 of the
following interests:
(i) Transport aircraft and engine
manufacturers.
(ii) General aviation aircraft and engine
manufacturers.
(iii) Avionics and equipment manufacturers.
(iv) Aviation labor organizations, including
collective bargaining representatives of FAA
aviation safety inspectors and aviation safety
engineers.
(v) General aviation operators.
(vi) Air carriers.
(vii) Business aviation operators.
(viii) Unmanned aircraft systems manufacturers
and operators.
(ix) Aviation safety management experts.
(x) Aviation maintenance, repair, and
overhaul.
(xi) Airport owners and operators.
(2) Nonvoting members.--
(A) In general.--In addition to the members
appointed under paragraph (1), the Advisory Committee
shall be composed of nonvoting members appointed by the
Secretary from among individuals representing FAA safety
oversight program offices.
(B) Duties.--The nonvoting members may--
(i) take part in deliberations of the Advisory
Committee; and
(ii) provide input with respect to any final
reports or recommendations of the Advisory
Committee.
(C) Limitation.--The nonvoting members may not
represent any stakeholder interest other than that of an
FAA safety oversight program office.
(3) Terms.--Each voting member and nonvoting member of the
Advisory Committee appointed by the Secretary shall be appointed
for a term of 2 years.
[[Page 132 STAT. 3245]]
(4) Committee characteristics.--The Advisory Committee shall
have the following characteristics:
(A) Each voting member under paragraph (1)(B) shall
be an executive officer of the organization who has
decisionmaking authority within the member's
organization and can represent and enter into
commitments on behalf of such organization.
(B) The ability to obtain necessary information from
experts in the aviation and aerospace communities.
(C) A membership size that enables the Advisory
Committee to have substantive discussions and reach
consensus on issues in a timely manner.
(D) Appropriate expertise, including expertise in
certification and risked-based safety oversight
processes, operations, policy, technology, labor
relations, training, and finance.
(5) Limitation on statutory construction.--Public Law 104-65
(2 U.S.C. 1601 et seq.) may not be construed to prohibit or
otherwise limit the appointment of any individual as a member of
the Advisory Committee.
(e) Chairperson.--
(1) In general.--The Chairperson of the Advisory Committee
shall be appointed by the Secretary from among those members of
the Advisory Committee that are voting members under subsection
(d)(1)(B).
(2) Term.--Each member appointed under paragraph (1) shall
serve a term of 2 years as Chairperson.
(f) Meetings.--
(1) Frequency.--The Advisory Committee shall meet at least
twice each year at the call of the Chairperson.
(2) Public attendance.--The meetings of the Advisory
Committee shall be open and accessible to the public.
(g) Special Committees.--
(1) Establishment.--The Advisory Committee may establish
special committees composed of private sector representatives,
members of the public, labor representatives, and other relevant
parties in complying with consultation and participation
requirements under this section.
(2) Rulemaking advice.--A special committee established by
the Advisory Committee may--
(A) provide rulemaking advice and recommendations to
the Advisory Committee with respect to aviation-related
issues;
(B) provide the FAA additional opportunities to
obtain firsthand information and insight from those
parties that are most affected by existing and proposed
regulations; and
(C) assist in expediting the development, revision,
or elimination of rules without circumventing public
rulemaking processes and procedures.
(3) Applicable law.--Public Law 92-463 shall not apply to a
special committee established by the Advisory Committee.
(h) Sunset.--The Advisory Committee shall terminate on the last day
of the 6-year period beginning on the date of the initial appointment of
the members of the Advisory Committee.
[[Page 132 STAT. 3246]]
(i) Termination of Air Traffic Procedures Advisory Committee.--The
Air Traffic Procedures Advisory Committee established by the FAA shall
terminate on the date of the initial appointment of the members of the
Advisory Committee.
Subtitle B--Aircraft Certification Reform
SEC. 211. <<NOTE: 49 USC 44701 note.>> AIRCRAFT CERTIFICATION
PERFORMANCE OBJECTIVES AND METRICS.
(a) In General.--Not later than 120 days after the date on which the
Advisory Committee is established under section 202, the Administrator
shall establish performance objectives and apply and track performance
metrics for the FAA and the aviation industry relating to aircraft
certification in accordance with this section.
(b) Collaboration.--The Administrator shall carry out this section
in collaboration with the Advisory Committee and update agency
performance objectives and metrics after considering the recommendations
of the Advisory Committee under paragraphs (8) and (9) of section
202(c).
(c) Performance Objectives.--In carrying out subsection (a), the
Administrator shall establish performance objectives for the FAA and the
aviation industry to ensure that, with respect to aircraft
certification, progress is made toward, at a minimum--
(1) eliminating certification delays and improving cycle
times;
(2) increasing accountability for both the FAA and the
aviation industry;
(3) achieving full utilization of FAA delegation and
designation authorities, including organizational designation
authorization;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) increasing transparency;
(7) developing and providing training, including recurrent
training, in auditing and a systems safety approach to
certification oversight;
(8) improving the process for approving or accepting
certification actions between the FAA and bilateral partners;
(9) maintaining and improving safety;
(10) streamlining the hiring process for--
(A) qualified systems safety engineers to support
the FAA's efforts to implement a systems safety
approach; and
(B) qualified systems engineers to guide the
engineering of complex systems within the FAA; and
(11) maintaining the leadership of the United States in
international aviation and aerospace.
(d) Performance Metrics.--In carrying out subsection (a), the
Administrator shall apply and track performance metrics for the FAA and
the regulated aviation industry established by the Advisory Committee.
(e) Data Generation.--
(1) Baselines.--Not later than 1 year after the date on
which the Advisory Committee recommends initial performance
[[Page 132 STAT. 3247]]
metrics for the FAA and the regulated aviation industry under
section 202, the Administrator shall generate initial data with
respect to each of the performance metrics applied and tracked
under this section.
(2) Benchmarks to measure progress toward goals.--The
Administrator shall use the metrics applied and tracked under
this section to generate data on an ongoing basis and to measure
progress toward the achievement of national goals recommended by
the Advisory Committee.
(f) Publication.--The Administrator shall make data generated using
the performance metrics applied and tracked under this section available
to the public in a searchable, sortable, and downloadable format through
the internet website of the FAA or other appropriate methods and shall
ensure that the data are made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) prevents inappropriate disclosure of proprietary
information.
SEC. 212. ORGANIZATION DESIGNATION AUTHORIZATIONS.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44736. <<NOTE: 49 USC 44736.>> Organization designation
authorizations
``(a) Delegations of Functions.--
``(1) In general.--Except as provided in paragraph (3), when
overseeing an ODA holder, the Administrator of the FAA shall--
``(A) require, based on an application submitted by
the ODA holder and approved by the Administrator (or the
Administrator's designee), a procedures manual that
addresses all procedures and limitations regarding the
functions to be performed by the ODA holder;
``(B) delegate fully to the ODA holder each of the
functions to be performed as specified in the procedures
manual, unless the Administrator determines, after the
date of the delegation and as a result of an inspection
or other investigation, that the public interest and
safety of air commerce requires a limitation with
respect to 1 or more of the functions;
``(C) conduct regular oversight activities by
inspecting the ODA holder's delegated functions and
taking action based on validated inspection findings;
and
``(D) for each function that is limited under
subparagraph (B), work with the ODA holder to develop
the ODA holder's capability to execute that function
safely and effectively and return to full authority
status.
``(2) Duties of oda holders.--An ODA holder shall--
``(A) perform each specified function delegated to
the ODA holder in accordance with the approved
procedures manual for the delegation;
``(B) make the procedures manual available to each
member of the appropriate ODA unit; and
``(C) cooperate fully with oversight activities
conducted by the Administrator in connection with the
delegation.
[[Page 132 STAT. 3248]]
``(3) Existing oda holders.--With regard to an ODA holder
operating under a procedures manual approved by the
Administrator before the date of enactment of the FAA
Reauthorization Act of 2018, the Administrator shall--
``(A) at the request of the ODA holder and in an
expeditious manner, approve revisions to the ODA
holder's procedures manual;
``(B) delegate fully to the ODA holder each of the
functions to be performed as specified in the procedures
manual, unless the Administrator determines, after the
date of the delegation and as a result of an inspection
or other investigation, that the public interest and
safety of air commerce requires a limitation with
respect to one or more of the functions;
``(C) conduct regular oversight activities by
inspecting the ODA holder's delegated functions and
taking action based on validated inspection findings;
and
``(D) for each function that is limited under
subparagraph (B), work with the ODA holder to develop
the ODA holder's capability to execute that function
safely and effectively and return to full authority
status.
``(b) ODA Office.--
``(1) Establishment.--Not later than 120 days after the date
of enactment of this section, the Administrator of the FAA shall
identify, within the FAA Office of Aviation Safety, a
centralized policy office to be known as the Organization
Designation Authorization Office or the ODA Office.
``(2) Purpose.--The purpose of the ODA Office shall be to
provide oversight and ensure the consistency of the FAA's audit
functions under the ODA program across the FAA.
``(3) Functions.--The ODA Office shall--
``(A)(i) at the request of an ODA holder, eliminate
all limitations specified in a procedures manual in
place on the day before the date of enactment of the FAA
Reauthorization Act of 2018 that are low and medium risk
as determined by a risk analysis using criteria
established by the ODA Office and disclosed to the ODA
holder, except where an ODA holder's performance
warrants the retention of a specific limitation due to
documented concerns about inadequate current performance
in carrying out that authorized function;
``(ii) require an ODA holder to establish a
corrective action plan to regain authority for any
retained limitations;
``(iii) require an ODA holder to notify the ODA
Office when all corrective actions have been
accomplished; and
``(iv) make a reassessment to determine if
subsequent performance in carrying out any retained
limitation warrants continued retention and, if such
reassessment determines performance meets objectives,
lift such limitation immediately;
``(B) improve FAA and ODA holder performance and
ensure full utilization of the authorities delegated
under the ODA program;
``(C) develop a more consistent approach to audit
priorities, procedures, and training under the ODA
program;
[[Page 132 STAT. 3249]]
``(D) review, in a timely fashion, a random sample
of limitations on delegated authorities under the ODA
program to determine if the limitations are appropriate;
``(E) ensure national consistency in the
interpretation and application of the requirements of
the ODA program, including any limitations, and in the
performance of the ODA program; and
``(F) at the request of an ODA holder, review and
approve new limitations to ODA functions.
``(c) Definitions.--In this section, the following definitions
apply:
``(1) FAA.--The term `FAA' means the Federal Aviation
Administration.
``(2) ODA holder.--The term `ODA holder' means an entity
authorized to perform functions pursuant to a delegation made by
the Administrator of the FAA under section 44702(d).
``(3) ODA unit.--The term ``ODA unit'' means a group of 2 or
more individuals who perform, under the supervision of an ODA
holder, authorized functions under an ODA.
``(4) Organization.--The term ``organization'' means a firm,
partnership, corporation, company, association, joint-stock
association, or governmental entity.
``(5) Organization designation authorization; oda.--The term
`Organization Designation Authorization' or `ODA' means an
authorization by the FAA under section 44702(d) for an
organization composed of 1 or more ODA units to perform approved
functions on behalf of the FAA.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, <<NOTE: 49 USC 44701 prec.>> is amended by adding
at the end the following:
``44736. Organization designation authorizations.''.
SEC. 213. ODA REVIEW.
(a) Establishment of Expert Review Panel.--
(1) Expert panel.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall convene a
multidisciplinary expert review panel (in this section referred
to as the ``Panel'').
(2) Composition of panel.--
(A) Appointment of members.--The Panel shall be
composed of not more than 20 members appointed by the
Administrator.
(B) Qualifications.--The members appointed to the
Panel shall--
(i) each have a minimum of 5 years of
experience in processes and procedures under the
ODA program; and
(ii) represent, at a minimum, ODA holders,
aviation manufacturers, safety experts, and FAA
labor organizations, including labor
representatives of FAA aviation safety inspectors
and aviation safety engineers.
(b) Survey.--The Panel shall conduct a survey of ODA holders and ODA
program applicants to document and assess FAA certification and
oversight activities, including use of the ODA program and the
timeliness and efficiency of the certification process. In
[[Page 132 STAT. 3250]]
carrying out this subsection, the Panel shall consult with appropriate
survey experts to best design and conduct the survey.
(c) Assessment and Recommendations.--The Panel shall assess and make
recommendations concerning--
(1) the FAA's processes and procedures under the ODA program
and whether the processes and procedures function as intended;
(2) the best practices of and lessons learned by ODA holders
and FAA personnel who provide oversight of ODA holders;
(3) performance incentive policies that--
(A) are related to the ODA program for FAA
personnel; and
(B) do not conflict with the public interest;
(4) training activities related to the ODA program for FAA
personnel and ODA holders;
(5) the impact, if any, that oversight of the ODA program
has on FAA resources and the FAA's ability to process
applications for certifications outside of the ODA program; and
(6) the results of the survey conducted under subsection
(b).
(d) Report.--Not later than 180 days after the date the Panel is
convened under subsection (a), the Panel shall submit to the
Administrator, the Advisory Committee, and the appropriate committees of
Congress a report on the findings and recommendations of the Panel.
(e) Definitions.--The definitions contained in section 44736 of
title 49, United States Code, as added by this Act, apply to this
section.
(f) Applicable Law.--Public Law 92-463 shall not apply to the Panel.
(g) Sunset.--The Panel shall terminate on the date of submission of
the report under subsection (d), or on the date that is 1 year after the
Panel is convened under subsection (a), whichever occurs first.
SEC. 214. TYPE CERTIFICATION RESOLUTION PROCESS.
(a) In General.--Section 44704(a) of title 49, United States Code,
is amended by adding at the end the following:
``(6) Type certification resolution process.--
``(A) In general.--Not later than 15 months after
the date of enactment of the FAA Reauthorization Act of
2018, the Administrator shall establish an effective,
timely, and milestone-based issue resolution process for
type certification activities under this subsection.
``(B) Process requirements.--The resolution process
shall provide for--
``(i) resolution of technical issues at pre-
established stages of the certification process,
as agreed to by the Administrator and the type
certificate applicant;
``(ii) automatic elevation to appropriate
management personnel of the Federal Aviation
Administration and the type certificate applicant
of any major certification process milestone that
is not completed or resolved within a specific
period of time agreed to by the Administrator and
the type certificate applicant; and
[[Page 132 STAT. 3251]]
``(iii) resolution of a major certification
process milestone elevated pursuant to clause (ii)
within a specific period of time agreed to by the
Administrator and the type certificate applicant.
``(C) Major certification process milestone
defined.--In this paragraph, the term `major
certification process milestone' means a milestone
related to a type certification basis, type
certification plan, type inspection authorization, issue
paper, or other major type certification activity agreed
to by the Administrator and the type certificate
applicant.''.
(b) Technical Amendment.--Section 44704 of title 49, United States
Code, is amended in the section heading by striking ``airworthiness
certificates,,'' and inserting ``airworthiness certificates,''.
SEC. 215. REVIEW OF CERTIFICATION PROCESS FOR SMALL GENERAL
AVIATION AIRPLANES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
a review of the Federal Aviation Administration's implementation of the
final rule titled ``Revision of Airworthiness Standards for Normal,
Utility, Acrobatic, and Commuter Category Airplanes'' (81 Fed. Reg.
96572).
(b) Considerations.--In carrying out the review, the Comptroller
General shall assess--
(1) how the rule puts into practice the Administration's
efforts to implement performance and risk-based safety
standards;
(2) the extent to which the rule has resulted in the
implementation of a streamlined regulatory regime to improve
safety, reduce regulatory burden, and decrease costs;
(3) whether the rule and its implementation have spurred
innovation and technological adoption;
(4) how consensus standards accepted by the FAA facilitate
the development of new safety equipment and aircraft
capabilities; and
(5) whether lessons learned from the rule and its
implementation have resulted in best practices that could be
applied to airworthiness standards for other categories of
aircraft.
(c) Report.--Not later than 180 days after the date of initiation of
the review, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the review, including
findings and recommendations.
SEC. 216. ODA STAFFING AND OVERSIGHT.
(a) Report to Congress.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the Administration's progress with
respect to--
(1) determining what additional model inputs and labor
distribution codes are needed to identify ODA oversight staffing
needs;
(2) developing and implementing system-based evaluation
criteria and risk-based tools to aid ODA team members in
targeting their oversight activities;
[[Page 132 STAT. 3252]]
(3) developing agreements and processes for sharing
resources to ensure adequate oversight of ODA personnel
performing certification and inspection work at supplier and
company facilities; and
(4) ensuring full utilization of ODA authority.
(b) ODA Defined.--In this section, the term ``ODA'' has the meaning
given that term in section 44736 of title 49, United States Code, as
added by this Act.
Subtitle C--Flight Standards Reform
SEC. 221. <<NOTE: 49 USC 44701 note.>> FLIGHT STANDARDS
PERFORMANCE OBJECTIVES AND METRICS.
(a) In General.--Not later than 120 days after the date on which the
Advisory Committee is established under section 202, the Administrator
shall establish performance objectives and apply and track performance
metrics for the FAA and the aviation industry relating to flight
standards activities in accordance with this section.
(b) Collaboration.--The Administrator shall carry out this section
in collaboration with the Advisory Committee, and update agency
performance objectives and metrics after considering the recommendations
of the Advisory Committee under paragraphs (8) and (9) of section
202(c).
(c) Performance Objectives.--In carrying out subsection (a), the
Administrator shall establish performance objectives for the FAA and the
aviation industry to ensure that, with respect to flight standards
activities, progress is made toward, at a minimum--
(1) eliminating delays with respect to such activities;
(2) increasing accountability for both the FAA and the
aviation industry;
(3) achieving full utilization of FAA delegation and
designation authorities, including organizational designation
authority;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) eliminating inconsistent regulatory interpretations and
inconsistent enforcement activities;
(7) improving and providing greater opportunities for
training, including recurrent training, in auditing and a
systems safety approach to oversight;
(8) developing and allowing utilization of a single master
source for guidance;
(9) providing and utilizing a streamlined appeal process for
the resolution of regulatory interpretation questions;
(10) maintaining and improving safety; and
(11) increasing transparency.
(d) Performance Metrics.--In carrying out subsection (a), the
Administrator shall apply and track performance metrics for the FAA and
the regulated aviation industry established by the Advisory Committee.
(e) Data Generation.--
(1) Baselines.--Not later than 1 year after the date on
which the Advisory Committee recommends initial performance
metrics for the FAA and the regulated aviation industry under
[[Page 132 STAT. 3253]]
section 202, the Administrator shall generate initial data with
respect to each of the performance metrics applied and tracked
under this section.
(2) Benchmarks to measure progress toward goals.--The
Administrator shall use the metrics applied and tracked under
this section to generate data on an ongoing basis and to measure
progress toward the achievement of national goals recommended by
the Advisory Committee.
(f) Publication.--The Administrator shall make data generated using
the performance metrics applied and tracked under this section available
to the public in a searchable, sortable, and downloadable format through
the internet website of the FAA or other appropriate methods and shall
ensure that the data are made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) prevents inappropriate disclosure of proprietary
information.
SEC. 222. FAA TASK FORCE ON FLIGHT STANDARDS REFORM.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall establish the FAA Task
Force on Flight Standards Reform (in this section referred to as the
``Task Force'').
(b) Membership.--
(1) Appointment.--The membership of the Task Force shall be
appointed by the Administrator.
(2) Number.--The Task Force shall be composed of not more
than 20 members.
(3) Representation requirements.--The membership of the Task
Force shall include representatives, with knowledge of flight
standards regulatory processes and requirements, of--
(A) air carriers;
(B) general aviation;
(C) business aviation;
(D) repair stations;
(E) unmanned aircraft systems operators;
(F) flight schools;
(G) labor unions, including those representing FAA
aviation safety inspectors and those representing FAA
aviation safety engineers;
(H) aviation and aerospace manufacturers; and
(I) aviation safety experts.
(c) Duties.--The duties of the Task Force shall include, at a
minimum, identifying best practices and providing recommendations, for
current and anticipated budgetary environments, with respect to--
(1) simplifying and streamlining flight standards regulatory
processes, including issuance and oversight of certificates;
(2) reorganizing Flight Standards Services to establish an
entity organized by function rather than geographic region, if
appropriate;
(3) FAA aviation safety inspector training opportunities;
(4) ensuring adequate and timely provision of Flight
Standards activities and responses necessary for type
certification, operational evaluation, and entry into service of
newly manufactured aircraft;
[[Page 132 STAT. 3254]]
(5) FAA aviation safety inspector standards and performance;
and
(6) achieving, across the FAA, consistent--
(A) regulatory interpretations; and
(B) application of oversight activities.
(d) Report.--Not later than 1 year after the date of the
establishment of the Task Force, the Task Force shall submit to the
appropriate committees of Congress a report detailing--
(1) the best practices identified and recommendations
provided by the Task Force under subsection (c); and
(2) any recommendations of the Task Force for additional
regulatory, policy, or cost-effective legislative action to
improve the efficiency of agency activities.
(e) Applicable Law.--Public Law 92-463 shall not apply to the Task
Force.
(f) Sunset.--The Task Force shall terminate on the earlier of--
(1) the date on which the Task Force submits the report
required under subsection (d); or
(2) the date that is 18 months after the date on which the
Task Force is established under subsection (a).
SEC. 223. <<NOTE: 49 USC 44701 note.>> CENTRALIZED SAFETY
GUIDANCE DATABASE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a centralized
safety guidance database that will--
(1) encompass all of the regulatory guidance documents of
the FAA Office of Aviation Safety;
(2) contain, for each such guidance document, a link to the
Code of Federal Regulations provision to which the document
relates; and
(3) be publicly available in a manner that--
(A) protects from disclosure identifying information
regarding an individual or entity; and
(B) prevents inappropriate disclosure proprietary
information.
(b) Data Entry Timing.--
(1) Existing documents.--Not later than 14 months after the
date of enactment of this Act, the Administrator shall begin
entering into the database established under subsection (a) all
of the regulatory guidance documents of the Office of Aviation
Safety that are in effect and were issued before the date on
which the Administrator begins such entry process.
(2) New documents and changes.--On and after the date on
which the Administrator begins the document entry process under
paragraph (1), the Administrator shall ensure that all new
regulatory guidance documents of the Office of Aviation Safety
and any changes to existing documents are included in the
database established under subsection (a) as such documents or
changes to existing documents are issued.
(c) Consultation Requirement.--In establishing the database under
subsection (a), the Administrator shall consult and collaborate with
appropriate stakeholders, including labor organizations (including those
representing aviation workers, FAA aviation safety engineers and FAA
aviation safety inspectors) and aviation industry stakeholders.
[[Page 132 STAT. 3255]]
(d) Regulatory Guidance Documents Defined.--In this section, the
term ``regulatory guidance documents'' means all forms of written
information issued by the FAA that an individual or entity may use to
interpret or apply FAA regulations and requirements, including
information an individual or entity may use to determine acceptable
means of compliance with such regulations and requirements, such as an
order, manual, circular, policy statement, legal interpretation
memorandum, or rulemaking document.
SEC. 224. <<NOTE: 49 USC 44701 note.>> REGULATORY CONSISTENCY
COMMUNICATIONS BOARD.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a Regulatory
Consistency Communications Board (in this section referred to as the
``Board'').
(b) Consultation Requirement.--In establishing the Board, the
Administrator shall consult and collaborate with appropriate
stakeholders, including FAA labor organizations (including labor
organizations representing FAA aviation safety inspectors) and industry
stakeholders.
(c) Membership.--The Board shall be composed of FAA representatives,
appointed by the Administrator, from--
(1) the Flight Standards Service;
(2) the Aircraft Certification Service; and
(3) the Office of the Chief Counsel.
(d) Functions.--The Board shall carry out the following functions:
(1) Establish, at a minimum, processes by which--
(A) FAA personnel and persons regulated by the FAA
may submit anonymous regulatory interpretation questions
without fear of retaliation;
(B) FAA personnel may submit written questions, and
receive written responses, as to whether a previous
approval or regulatory interpretation issued by FAA
personnel in another office or region is correct or
incorrect; and
(C) any other person may submit written anonymous
regulatory interpretation questions.
(2) Meet on a regular basis to discuss and resolve questions
submitted pursuant to paragraph (1) and the appropriate
application of regulations and policy with respect to each
question.
(3) Provide to a person that submitted a question pursuant
to subparagraph (A) or (B) of paragraph (1) a timely written
response to the question.
(4) Establish a process to make resolutions of common
regulatory interpretation questions publicly available to FAA
personnel, persons regulated by the FAA, and the public without
revealing any identifying data of the person that submitted the
question and in a manner that protects any proprietary
information.
(5) Ensure the incorporation of resolutions of questions
submitted pursuant to paragraph (1) into regulatory guidance
documents, as such term is defined in section 223(d).
(e) Performance Metrics, Timelines, and Goals.--Not later than 180
days after the date on which the Advisory Committee recommends
performance objectives and performance metrics for the FAA and the
regulated aviation industry under section 202,
[[Page 132 STAT. 3256]]
the Administrator, in collaboration with the Advisory Committee, shall--
(1) establish performance metrics, timelines, and goals to
measure the progress of the Board in resolving regulatory
interpretation questions submitted pursuant to subsection
(d)(1); and
(2) implement a process for tracking the progress of the
Board in meeting the performance metrics, timelines, and goals
established under paragraph (1).
Subtitle D--Safety Workforce
SEC. 231. SAFETY WORKFORCE TRAINING STRATEGY.
(a) Safety Workforce Training Strategy.--Not later than 60 days
after the date of enactment of this Act, the Administrator shall review
and revise its safety workforce training strategy to ensure that such
strategy--
(1) aligns with an effective risk-based approach to safety
oversight;
(2) best uses available resources;
(3) allows FAA employees participating in organization
management teams or conducting ODA program audits to complete,
in a timely fashion, appropriate training, including recurrent
training, in auditing and a systems safety approach to
oversight;
(4) seeks knowledge-sharing opportunities between the FAA
and the aviation industry in new technologies, equipment and
systems, best practices, and other areas of interest related to
safety oversight;
(5) functions within the current and anticipated budgetary
environments;
(6) fosters an inspector and engineer workforce that has the
skills and training necessary to improve risk-based approaches
that focus on requirements management and auditing skills; and
(7) includes, as appropriate, milestones and metrics for
meeting the requirements of paragraphs (1) through (5).
(b) Report.--Not later than 270 days after the date of the revision
of the strategy required under subsection (a), the Administrator shall
submit to the appropriate committees of Congress a report on the
implementation of the strategy and progress in meeting any milestones
and metrics included in the strategy.
(c) Definitions.--In this section, the following definitions apply:
(1) ODA; oda holder.--The terms ``ODA'' and ``ODA holder''
have the meanings given those terms in section 44736 of title
49, United States Code, as added by this Act.
(2) ODA program.--The term ``ODA program'' means the program
to standardize FAA management and oversight of the organizations
that are approved to perform certain functions on behalf of the
Administration under section 44702(d) of title 49, United States
Code.
(3) Organization management team.--The term ``organization
management team'' means a team consisting of FAA aviation safety
engineers, flight test pilots, and aviation
[[Page 132 STAT. 3257]]
safety inspectors overseeing an ODA holder and its certification
activity.
SEC. 232. WORKFORCE REVIEW.
(a) Workforce Review.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a review to assess the workforce and training needs of the
FAA Office of Aviation Safety in the anticipated budgetary environment.
(b) Contents.--The review required under subsection (a) shall
include--
(1) a review of current aviation safety inspector and
aviation safety engineer hiring, training, and recurrent
training requirements;
(2) an analysis of the skills and qualifications required of
aviation safety inspectors and aviation safety engineers for
successful performance in the current and future projected
aviation safety regulatory environment, including the need for a
systems engineering discipline within the FAA to guide the
engineering of complex systems, with an emphasis on auditing
designated authorities;
(3) a review of current performance incentive policies of
the FAA, as applied to the Office of Aviation Safety, including
awards for performance;
(4) an analysis of ways the FAA can work with industry and
labor, including labor groups representing FAA aviation safety
inspectors and aviation safety engineers, to establish
knowledge-sharing opportunities between the FAA and the aviation
industry regarding new equipment and systems, best practices,
and other areas of interest; and
(5) recommendations on the most effective qualifications,
training programs (including e-learning training), and
performance incentive approaches to address the needs of the
future projected aviation safety regulatory system in the
anticipated budgetary environment.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the review required
under subsection (a).
Subtitle E--International Aviation
SEC. 241. PROMOTION OF UNITED STATES AEROSPACE STANDARDS,
PRODUCTS, AND SERVICES ABROAD.
Section 40104 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Promotion of United States Aerospace Standards, Products, and
Services Abroad.--The Secretary shall take appropriate actions to--
``(1) promote United States aerospace-related safety
standards abroad;
``(2) facilitate and vigorously defend approvals of United
States aerospace products and services abroad;
``(3) with respect to bilateral partners, utilize bilateral
safety agreements and other mechanisms to improve validation of
United States certificated aeronautical products, services,
[[Page 132 STAT. 3258]]
and appliances and enhance mutual acceptance in order to
eliminate redundancies and unnecessary costs; and
``(4) with respect to the aeronautical safety authorities of
a foreign country, streamline validation and coordination
processes.''.
SEC. 242. BILATERAL EXCHANGES OF SAFETY OVERSIGHT
RESPONSIBILITIES.
Section 44701(e) of title 49, United States Code, is amended by
adding at the end the following:
``(5) Foreign airworthiness directives.--
``(A) Acceptance.--Subject to subparagraph (D), the
Administrator may accept an airworthiness directive, as
defined in section 39.3 of title 14, Code of Federal
Regulations, issued by an aeronautical safety authority
of a foreign country, and leverage that authority's
regulatory process, if--
``(i) the country is the state of design for
the product that is the subject of the
airworthiness directive;
``(ii) the United States has a bilateral
safety agreement relating to aircraft
certification with the country;
``(iii) as part of the bilateral safety
agreement with the country, the Administrator has
determined that such aeronautical safety authority
has an aircraft certification system relating to
safety that produces a level of safety equivalent
to the level produced by the system of the Federal
Aviation Administration;
``(iv) the aeronautical safety authority of
the country utilizes an open and transparent
notice and comment process in the issuance of
airworthiness directives; and
``(v) the airworthiness directive is necessary
to provide for the safe operation of the aircraft
subject to the directive.
``(B) Alternative approval process.--Notwithstanding
subparagraph (A), the Administrator may issue a Federal
Aviation Administration airworthiness directive instead
of accepting an airworthiness directive otherwise
eligible for acceptance under such subparagraph, if the
Administrator determines that such issuance is necessary
for safety or operational reasons due to the complexity
or unique features of the Federal Aviation
Administration airworthiness directive or the United
States aviation system.
``(C) Alternative means of compliance.--The
Administrator may--
``(i) accept an alternative means of
compliance, with respect to an airworthiness
directive accepted under subparagraph (A), that
was approved by the aeronautical safety authority
of the foreign country that issued the
airworthiness directive; or
``(ii) notwithstanding subparagraph (A), and
at the request of any person affected by an
airworthiness directive accepted under such
subparagraph, approve an alternative means of
compliance with respect to the airworthiness
directive.
[[Page 132 STAT. 3259]]
``(D) Limitation.--The Administrator may not accept
an airworthiness directive issued by an aeronautical
safety authority of a foreign country if the
airworthiness directive addresses matters other than
those involving the safe operation of an aircraft.''.
SEC. <<NOTE: 49 USC 44701 note.>> 243. FAA LEADERSHIP ABROAD.
(a) In General.--To promote United States aerospace safety
standards, reduce redundant regulatory activity, and facilitate
acceptance of FAA design and production approvals abroad, the
Administrator shall--
(1) attain greater expertise in issues related to dispute
resolution, intellectual property, and export control laws to
better support FAA certification and other aerospace regulatory
activities abroad;
(2) work with United States companies to more accurately
track the amount of time it takes foreign authorities, including
bilateral partners, to validate United States certificated
aeronautical products;
(3) provide assistance to United States companies that have
experienced significantly long foreign validation wait times;
(4) work with foreign authorities, including bilateral
partners, to collect and analyze data to determine the
timeliness of the acceptance and validation of FAA design and
production approvals by foreign authorities and the acceptance
and validation of foreign-certified products by the FAA;
(5) establish appropriate benchmarks and metrics to measure
the success of bilateral aviation safety agreements and to
reduce the validation time for United States certificated
aeronautical products abroad; and
(6) work with foreign authorities, including bilateral
partners, to improve the timeliness of the acceptance and
validation of FAA design and production approvals by foreign
authorities and the acceptance and validation of foreign-
certified products by the FAA.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report that--
(1) describes the FAA's strategic plan for international
engagement;
(2) describes the structure and responsibilities of all FAA
offices that have international responsibilities, including the
Aircraft Certification Office, and all the activities conducted
by those offices related to certification and production;
(3) describes current and forecasted staffing and travel
needs for the FAA's international engagement activities,
including the needs of the Aircraft Certification Office in the
current and forecasted budgetary environment;
(4) provides recommendations, if appropriate, to improve the
existing structure and personnel and travel policies supporting
the FAA's international engagement activities, including the
activities of the Aviation Certification Office, to better
support the growth of United States aerospace exports; and
(5) identifies cost-effective policy initiatives, regulatory
initiatives, or legislative initiatives needed to improve and
enhance
[[Page 132 STAT. 3260]]
the timely acceptance of United States aerospace products
abroad.
(c) International Travel.--The Administrator, or the Administrator's
designee, may authorize international travel for any FAA employee,
without the approval of any other person or entity, if the Administrator
determines that the travel is necessary--
(1) to promote United States aerospace safety standards; or
(2) to support expedited acceptance of FAA design and
production approvals.
SEC. 244. REGISTRATION, CERTIFICATION, AND RELATED FEES.
Section 45305 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``Subject to subsection
(b)'' and inserting ``Subject to subsection (c)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Certification Services.--Subject to subsection (c), and
notwithstanding section 45301(a), the Administrator may establish and
collect a fee from a foreign government or entity for services related
to certification, regardless of where the services are provided, if the
fee--
``(1) is established and collected in a manner consistent
with aviation safety agreements; and
``(2) does not exceed the estimated costs of the
services.''.
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 301. <<NOTE: 49 USC 44701 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
SEC. <<NOTE: 49 USC 44701 note.>> 302. FAA TECHNICAL TRAINING.
(a) E-learning Training Pilot Program.--Not later than 90 days after
the date of enactment of this Act, the Administrator, in collaboration
with the exclusive bargaining representatives of covered FAA personnel,
shall establish an e-learning training pilot program in accordance with
the requirements of this section.
(b) Curriculum.--The pilot program shall--
(1) include a recurrent training curriculum for covered FAA
personnel to ensure that the covered FAA personnel receive
instruction on the latest aviation technologies, processes, and
procedures;
(2) focus on providing specialized technical training for
covered FAA personnel, as determined necessary by the
Administrator;
(3) include training courses on applicable regulations of
the Federal Aviation Administration; and
(4) consider the efficacy of instructor-led online training.
[[Page 132 STAT. 3261]]
(c) Pilot Program Termination.--The pilot program shall terminate 1
year after the date of establishment of the pilot program.
(d) E-learning Training Program.--Upon termination of the pilot
program, the Administrator shall assess and establish or update an e-
learning training program that incorporates lessons learned for covered
FAA personnel as a result of the pilot program.
(e) Definitions.--In this section, the following definitions apply:
(1) Covered faa personnel.--The term ``covered FAA
personnel'' means airway transportation systems specialists and
aviation safety inspectors of the Federal Aviation
Administration.
(2) E-learning training.--The term ``e-learning training''
means learning utilizing electronic technologies to access
educational curriculum outside of a traditional classroom.
SEC. 303. <<NOTE: 49 USC 44701 note.>> SAFETY CRITICAL STAFFING.
(a) Update of FAA's Safety Critical Staffing Model.--Not later than
270 days after the date of enactment of this Act, the Administrator
shall update the safety critical staffing model of the Administration to
determine the number of aviation safety inspectors that will be needed
to fulfill the safety oversight mission of the Administration.
(b) Audit by DOT Inspector General.--
(1) In general.--Not later than 90 days after the date on
which the Administrator has updated the safety critical staffing
model under subsection (a), the Inspector General of the
Department of Transportation shall conduct an audit of the
staffing model.
(2) Contents.--The audit shall include, at a minimum--
(A) a review of the assumptions and methodologies
used in devising and implementing the staffing model to
assess the adequacy of the staffing model in predicting
the number of aviation safety inspectors needed--
(i) to properly fulfill the mission of the
Administration; and
(ii) to meet the future growth of the aviation
industry; and
(B) a determination on whether the staffing model
takes into account the Administration's authority to
fully utilize designees.
(3) Report on audit.--
(A) Report to secretary.--Not later than 30 days
after the date of completion of the audit, the Inspector
General shall submit to the Secretary a report on the
results of the audit.
(B) Report to congress.--Not later than 60 days
after the date of receipt of the report, the Secretary
shall submit to the appropriate committees of Congress a
copy of the report, together with, if appropriate, a
description of any actions taken or to be taken to
address the results of the audit.
SEC. 304. <<NOTE: 49 USC 40104 note.>> INTERNATIONAL EFFORTS
REGARDING TRACKING OF CIVIL AIRCRAFT.
The Administrator shall exercise leadership on creating a global
approach to improving aircraft tracking by working with--
[[Page 132 STAT. 3262]]
(1) foreign counterparts of the Administrator in the
International Civil Aviation Organization and its subsidiary
organizations;
(2) other international organizations and fora; and
(3) the private sector.
SEC. 305. AIRCRAFT DATA ACCESS AND RETRIEVAL SYSTEMS.
(a) Assessment.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall initiate an assessment of aircraft
data access and retrieval systems for part 121 air carrier aircraft that
are used in extended overwater operations to--
(1) determine if the systems provide improved access and
retrieval of aircraft data and cockpit voice recordings in the
event of an aircraft accident; and
(2) assess the cost effectiveness of each system assessed.
(b) Systems To Be Examined.--The systems to be examined under this
section shall include, at a minimum--
(1) various methods for improving detection and retrieval of
flight data, including--
(A) low-frequency underwater locating devices; and
(B) extended battery life for underwater locating
devices;
(2) automatic deployable flight recorders;
(3) emergency locator transmitters;
(4) triggered transmission of flight data and other
satellite-based solutions;
(5) distress-mode tracking; and
(6) protections against disabling flight recorder systems.
(c) Report.--Not later than 1 year after the date of initiation of
the assessment, the Administrator shall submit to the appropriate
committees of Congress a report on the results of the assessment.
(d) Part 121 Air Carrier Defined.--In this section, the term ``part
121 air carrier'' means an air carrier with authority to conduct
operations under part 121 of title 14, Code of Federal Regulations.
SEC. 306. ADVANCED COCKPIT DISPLAYS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall initiate a review of heads-up
display systems, heads-down display systems employing synthetic vision
systems, and enhanced vision systems (in this section referred to as
``HUD systems'', ``SVS'', and ``EVS'', respectively).
(b) Contents.--The review shall--
(1) evaluate the impacts of single- and dual-installed HUD
systems, SVS, and EVS on the safety and efficiency of aircraft
operations within the national airspace system; and
(2) review a sufficient quantity of commercial aviation
accidents or incidents in order to evaluate if HUD systems, SVS,
or EVS would have produced a better outcome in each accident or
incident.
(c) Consultation.--In conducting the review, the Administrator shall
consult with aviation manufacturers, representatives of pilot groups,
aviation safety organizations, and any government agencies the
Administrator considers appropriate.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report containing the results of the review,
[[Page 132 STAT. 3263]]
the actions the Administrator plans to take with respect to the systems
reviewed, and the associated timeline for such actions.
SEC. 307. <<NOTE: 49 USC 44701 note.>> EMERGENCY MEDICAL
EQUIPMENT ON PASSENGER AIRCRAFT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall evaluate and revise, as
appropriate, regulations in part 121 of title 14, Code of Federal
Regulations, regarding emergency medical equipment, including the
contents of first-aid kits, applicable to all certificate holders
operating passenger aircraft under that part.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider whether the minimum contents of approved
emergency medical kits, including approved first-aid kits, include
appropriate medications and equipment to meet the emergency medical
needs of children and pregnant women.
SEC. 308. <<NOTE: 49 USC 44701 note.>> FAA AND NTSB REVIEW OF
GENERAL AVIATION SAFETY.
(a) Study Required.--Not later than 30 days after the date of
enactment of this Act, the Administrator, in coordination with the
Chairman of the National Transportation Safety Board, shall initiate a
study of general aviation safety.
(b) Study Contents.--The study required under subsection (a) shall
include--
(1) a review of all general aviation accidents since 2000,
including a review of--
(A) the number of such accidents;
(B) the number of injuries and fatalities, including
with respect to both occupants of aircraft and
individuals on the ground, as a result of such
accidents;
(C) the number of such accidents investigated by the
National Transportation Safety Board;
(D) the number of such accidents investigated by the
FAA; and
(E) a summary of the factual findings and probable
cause determinations with respect to such accidents;
(2) an assessment of the most common probable cause
determinations issued for general aviation accidents since 2000;
(3) an assessment of the most common facts analyzed by the
FAA and the National Transportation Safety Board in the course
of investigations of general aviation accidents since 2000,
including operational details;
(4) a review of the safety recommendations of the National
Transportation Safety Board related to general aviation
accidents since 2000;
(5) an assessment of the responses of the FAA and the
general aviation community to the safety recommendations of the
National Transportation Safety Board related to general aviation
accidents since 2000;
(6) an assessment of the most common general aviation safety
issues;
(7) a review of the total costs to the Federal Government to
conduct investigations of general aviation accidents over the
last 10 years; and
(8) other matters the Administrator or the Chairman
considers appropriate.
(c) Recommendations and Actions To Address General Aviation
Safety.--Based on the results of the study required under
[[Page 132 STAT. 3264]]
subsection (a), the Administrator, in consultation with the Chairman,
shall make such recommendations, including with respect to regulations
and enforcement activities, as the Administrator considers necessary
to--
(1) address general aviation safety issues identified under
the study;
(2) protect persons and property on the ground; and
(3) improve the safety of general aviation operators in the
United States.
(d) Authority.--Notwithstanding any other provision of law, the
Administrator shall have the authority to undertake actions to address
the recommendations made under subsection (c).
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study required under
subsection (a), including the recommendations described in subsection
(c).
(f) General Aviation Defined.--In this section, the term ``general
aviation'' means aircraft operation for personal, recreational, or other
noncommercial purposes.
SEC. 309. CALL TO ACTION AIRLINE ENGINE SAFETY REVIEW.
(a) Call to Action Airline Engine Safety Review.--Not later than 90
days after the date of enactment of this Act, the Administrator shall
initiate a Call to Action safety review on airline engine safety in
order to bring stakeholders together to share best practices and
implement actions to address airline engine safety.
(b) Contents.--The Call to Action safety review required pursuant to
subsection (a) shall include--
(1) a review of Administration regulations, guidance, and
directives related to airline engines during design and
production, including the oversight of those processes;
(2) a review of Administration regulations, guidance, and
directives related to airline engine operation and maintenance
and the oversight of those processes;
(3) a review of reportable accidents and incidents involving
airline engines during calendar years 2014 through 2018,
including any identified contributing factors to the reportable
accident or incident; and
(4) a process for stakeholders, including inspectors,
manufacturers, maintenance providers, airlines, labor, and
aviation safety experts, to provide feedback and share best
practices.
(c) Report and Recommendations.--Not later than 90 days after the
conclusion of the Call to Action safety review pursuant to subsection
(a), the Administrator shall submit to the appropriate committees of
Congress a report on the results of the review and any recommendations
for actions or best practices to improve airline engine safety.
SEC. 310. SENSE OF CONGRESS ON ACCESS TO AIR CARRIER FLIGHT DECKS.
It is the sense of Congress that the Administrator should
collaborate with other aviation authorities to advance a global standard
for access to air carrier flight decks and redundancy requirements
consistent with the flight deck access and redundancy requirements in
the United States.
[[Page 132 STAT. 3265]]
SEC. 311. PART 135 ACCIDENT AND INCIDENT DATA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall--
(1) determine, in collaboration with the National
Transportation Safety Board and part 135 industry stakeholders,
what, if any, additional data should be reported as part of an
accident or incident notice--
(A) to more accurately measure the safety of on-
demand part 135 aircraft activity;
(B) to pinpoint safety problems; and
(C) to form the basis for critical research and
analysis of general aviation issues; and
(2) provide a briefing to the appropriate committees of
Congress on the findings under paragraph (1), including a
description of any additional data to be collected, a timeframe
for implementing the additional data collection, and any
potential obstacles to implementation.
(b) Definition of Part 135.--In this section, the term ``part 135''
means part 135 of title 14, Code of Federal Regulations.
SEC. 312. SENSE OF CONGRESS; PILOT IN COMMAND AUTHORITY.
It is the sense of Congress that the pilot in command of an aircraft
is directly responsible for, and is the final authority as to, the
operation of that aircraft, as set forth in section 91.3(a) of title 14,
Code of Federal Regulations (or any successor regulation thereto).
SEC. 313. REPORT ON CONSPICUITY NEEDS FOR SURFACE VEHICLES
OPERATING ON THE AIRSIDE OF AIR CARRIER
SERVED AIRPORTS.
(a) Study Required.--The Administrator shall carry out a study on
the need for the FAA to prescribe conspicuity standards for surface
vehicles operating on the airside of the categories of airports that air
carriers serve as specified in subsection (b).
(b) Covered Airports.--The study required by subsection (a) shall
cover, at a minimum, 1 large hub airport, 1 medium hub airport, and 1
small hub airport, as those terms are defined in section 40102 of title
49, United States Code.
(c) Report to Congress.--Not later than July 1, 2019, the
Administrator shall submit to the appropriate committees of Congress a
report setting forth the results of the study required by subsection
(a), including such recommendations as the Administrator considers
appropriate regarding the need for the Administration to prescribe
conspicuity standards as described in subsection (a).
SEC. 314. HELICOPTER AIR AMBULANCE OPERATIONS DATA AND REPORTS.
(a) <<NOTE: 49 USC 44731 note.>> In General.--Not later than 1 year
after the date of enactment of this Act, the Administrator, in
collaboration with helicopter air ambulance industry stakeholders, shall
assess the availability of information to the general public related to
the location of heliports and helipads used by helicopters providing air
ambulance services, including helipads and helipads outside of those
listed as part of any existing databases of Airport Master Record (5010)
forms.
(b) <<NOTE: 49 USC 44731 note.>> Requirements.--Based on the
assessment under subsection (a), the Administrator shall--
[[Page 132 STAT. 3266]]
(1) update, as necessary, any existing guidance on what
information is included in the current databases of Airport
Master Record (5010) forms to include information related to
heliports and helipads used by helicopters providing air
ambulance services; or
(2) develop, as appropriate and in collaboration with
helicopter air ambulance industry stakeholders, a new database
of heliports and helipads used by helicopters providing air
ambulance services.
(c) <<NOTE: 49 USC 44731 note.>> Reports.--
(1) Assessment report.--Not later than 30 days after the
date the assessment under subsection (a) is complete, the
Administrator shall submit to the appropriate committees of
Congress a report on the assessment, including any
recommendations on how to make information related to the
location of heliports and helipads used by helicopters providing
air ambulance services available to the general public.
(2) Implementation report.--Not later than 30 days after
completing action under paragraph (1) or paragraph (2) of
subsection (b), the Administrator shall submit to the
appropriate committees of Congress a report on such action.
(d) Incident and Accident Data.--Section 44731 of title 49, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``not later than 1 year after the date of
enactment of this section, and annually thereafter'' and
inserting ``annually'';
(B) in paragraph (2), by striking ``flights and
hours flown, by registration number, during which
helicopters operated by the certificate holder were
providing helicopter air ambulance services'' and
inserting ``hours flown by the helicopters operated by
the certificate holder'';
(C) in paragraph (3)--
(i) by striking ``of flight'' and inserting
``of patients transported and the number of
patient transport'';
(ii) by inserting ``or'' after ``interfacility
transport,''; and
(iii) by striking ``, or ferry or
repositioning flight'';
(D) in paragraph (5)--
(i) by striking ``flights and''; and
(ii) by striking ``while providing air
ambulance services''; and
(E) by amending paragraph (6) to read as follows:
``(6) The number of hours flown at night by helicopters
operated by the certificate holder.'';
(2) in subsection (d)--
(A) by striking ``Not later than 2 years after the
date of enactment of this section, and annually
thereafter, the Administrator shall submit'' and
inserting ``The Administrator shall submit annually'';
and
(B) by adding at the end the following: ``The report
shall include the number of accidents experienced by
helicopter air ambulance operations, the number of fatal
accidents experienced by helicopter air ambulance
operations, and the rate, per 100,000 flight hours, of
accidents and fatal accidents experienced by operators
providing helicopter air ambulance services.'';
[[Page 132 STAT. 3267]]
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
``(e) Implementation.--In carrying out this section, the
Administrator, in collaboration with part 135 certificate holders
providing helicopter air ambulance services, shall--
``(1) propose and develop a method to collect and store the
data submitted under subsection (a), including a method to
protect the confidentiality of any trade secret or proprietary
information submitted; and
``(2) ensure that the database under subsection (c) and the
report under subsection (d) include data and analysis that will
best inform efforts to improve the safety of helicopter air
ambulance operations.''.
SEC. 315. <<NOTE: 49 USC 44701 note.>> AVIATION RULEMAKING
COMMITTEE FOR PART 135 PILOT REST AND DUTY
RULES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall convene an aviation rulemaking
committee to review, and develop findings and recommendations regarding,
pilot rest and duty rules under part 135 of title 14, Code of Federal
Regulations.
(b) Duties.--The Administrator shall--
(1) not later than 2 years after the date of enactment of
this Act, submit to the appropriate committees of Congress a
report based on the findings of the aviation rulemaking
committee; and
(2) not later than 1 year after the date of submission of
the report under paragraph (1), issue a notice of proposed
rulemaking based on any consensus recommendations reached by the
aviation rulemaking committee.
(c) Composition.--The aviation rulemaking committee shall consist of
members appointed by the Administrator, including--
(1) representatives of industry;
(2) representatives of aviation labor organizations,
including collective bargaining units representing pilots who
are covered by part 135 of title 14, Code of Federal
Regulations, and subpart K of part 91 of such title; and
(3) aviation safety experts with specific knowledge of
flight crewmember education and training requirements under part
135 of such title.
(d) Considerations.--The Administrator shall direct the aviation
rulemaking committee to consider--
(1) recommendations of prior part 135 rulemaking committees;
(2) accommodations necessary for small businesses;
(3) scientific data derived from aviation-related fatigue
and sleep research;
(4) data gathered from aviation safety reporting programs;
(5) the need to accommodate the diversity of operations
conducted under part 135, including the unique duty and rest
time requirements of air ambulance pilots; and
(6) other items, as appropriate.
SEC. 316. REPORT ON OBSOLETE TEST EQUIPMENT.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the National Test Equipment Program of the FAA
(in this section referred to as the ``Program'').
[[Page 132 STAT. 3268]]
(b) Contents.--The report shall include--
(1) a list of all known outstanding requests for test
equipment, cataloged by type and location, under the Program;
(2) a description of the current method under the Program of
ensuring calibrated equipment is in place for utilization;
(3) a plan by the Administrator for appropriate inventory of
such equipment;
(4) the Administrator's recommendations for increasing
multifunctionality in future test equipment and all known and
foreseeable manufacturer technological advances; and
(5) a plan to replace, as appropriate, obsolete test
equipment throughout the service areas.
SEC. 317. HELICOPTER FUEL SYSTEM SAFETY.
(a) In General.--Chapter 447 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 44737. <<NOTE: 49 USC 44737.>> Helicopter fuel system
safety
``(a) Prohibition.--
``(1) In general.--A person may not operate a covered
rotorcraft in United States airspace unless the design of the
rotorcraft is certified by the Administrator of the Federal
Aviation Administration to--
``(A) comply with the requirements applicable to the
category of the rotorcraft under paragraphs (1), (2),
(3), (5), and (6) of section 27.952(a), section
27.952(c), section 27.952(f), section 27.952(g), section
27.963(g) (but allowing for a minimum puncture force of
250 pounds if successfully drop tested in-structure),
and section 27.975(b) or paragraphs (1), (2), (3), (5),
and (6) of section 29.952(a), section 29.952(c), section
29.952(f), section 29.952(g), section 29.963(b) (but
allowing for a minimum puncture force of 250 pounds if
successfully drop tested in-structure), and 29.975(a)(7)
of title 14, Code of Federal Regulations, as in effect
on the date of enactment of this section; or
``(B) employ other means acceptable to the
Administrator to provide an equivalent level of fuel
system crash resistance.
``(2) Covered rotorcraft defined.--In this subsection, the
term `covered rotorcraft' means a rotorcraft not otherwise
required to comply with section 27.952, section 27.963, and
section 27.975, or section 29.952, section 29.963, and section
29.975 of title 14, Code of Federal Regulations as in effect on
the date of enactment of this section for which manufacture was
completed, as determined by the Administrator, on or after the
date that is 18 months after the date of enactment of this
section.
``(b) Administrative Provisions.--The Administrator shall--
``(1) expedite the certification and validation of United
States and foreign type designs and retrofit kits that improve
fuel system crashworthiness; and
``(2) not later than 180 days after the date of enactment of
this section, and periodically thereafter, issue a bulletin to--
``(A) inform rotorcraft owners and operators of
available modifications to improve fuel system
crashworthiness; and
[[Page 132 STAT. 3269]]
``(B) urge that such modifications be installed as
soon as practicable.
``(c) Rule of Construction.--Nothing in this section may be
construed to affect the operation of a rotorcraft by the Department of
Defense.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, <<NOTE: 49 USC 44701 prec.>> is amended by adding
at the end the following:
``44737. Helicopter fuel system safety.''.
SEC. 318. <<NOTE: Commercial Balloon Pilot Safety Act of 2018.>>
APPLICABILITY OF MEDICAL CERTIFICATION
STANDARDS TO OPERATORS OF AIR BALLOONS.
(a) <<NOTE: 49 USC 449703 note.>> Short Title.--This section may be
cited as the ``Commercial Balloon Pilot Safety Act of 2018''.
(b) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall revise section 61.3(c) of title 14,
Code of Federal Regulations (relating to second-class medical
certificates), to apply to an operator of an air balloon to the same
extent such regulations apply to a pilot flight crewmember of other
aircraft.
(c) Air Balloon Defined.--In this section, the term ``air balloon''
has the meaning given the term ``balloon'' in section 1.1 of title 14,
Code of Federal Regulations (or any corresponding similar regulation or
ruling).
SEC. 319. <<NOTE: 49 USC 449703 note.>> DESIGNATED PILOT EXAMINER
REFORMS.
(a) In General.--The Administrator shall assign to the Aviation
Rulemaking Advisory Committee (in this section referred to as the
``Committee'') the task of reviewing all regulations and policies
related to designated pilot examiners appointed under section 183.23 of
title 14, Code of Federal Regulations. The Committee shall focus on the
processes and requirements by which the FAA selects, trains, and deploys
individuals as designated pilot examiners, and provide recommendations
with respect to the regulatory and policy changes necessary to ensure an
adequate number of designated pilot examiners are deployed and available
to perform their duties. The Committee also shall make recommendations
with respect to the regulatory and policy changes if necessary to allow
a designated pilot examiner perform a daily limit of 3 new check rides
with no limit for partial check rides and to serve as a designed pilot
examiner without regard to any individual managing office.
(b) Action Based on Recommendations.--Not later than 1 year after
receiving recommendations under subsection (a), the Administrator shall
take such action as the Administrator considers appropriate with respect
to those recommendations.
SEC. 320. <<NOTE: 49 USC 44701 note.>> VOLUNTARY REPORTS OF
OPERATIONAL OR MAINTENANCE ISSUES RELATED
TO AVIATION SAFETY.
(a) In General.--There shall be a presumption that an individual's
voluntary report of an operational or maintenance issue related to
aviation safety under an aviation safety action program meets the
criteria for acceptance as a valid report under such program.
(b) Disclaimer Required.--Any dissemination, within the
participating organization, of a report that was submitted and accepted
under an aviation safety action program pursuant to the presumption
under subsection (a), but that has not undergone
[[Page 132 STAT. 3270]]
review by an event review committee, shall be accompanied by a
disclaimer stating that the report--
(1) has not been reviewed by an event review committee
tasked with reviewing such reports; and
(2) may subsequently be determined to be ineligible for
inclusion in the aviation safety action program.
(c) Rejection of Report.--
(1) In general.--A report described under subsection (a)
shall be rejected from an aviation safety action program if,
after a review of the report, an event review committee tasked
with reviewing such report, or the Federal Aviation
Administration member of the event review committee in the case
that the review committee does not reach consensus, determines
that the report fails to meet the criteria for acceptance under
such program.
(2) Protections.--In any case in which a report of an
individual described under subsection (a) is rejected under
paragraph (1)--
(A) the enforcement-related incentive offered to the
individual for making such a report shall not apply; and
(B) the protection from disclosure of the report
itself under section 40123 of title 49, United States
Code, shall not apply.
(3) Aviation safety action program defined.--In this
section, the term ``aviation safety action program'' means a
program established in accordance with Federal Aviation
Administration Advisory Circular 120-66B, issued November 15,
2002 (including any similar successor advisory circular), to
allow an individual to voluntarily disclose operational or
maintenance issues related to aviation safety.
SEC. 321. EVALUATION REGARDING ADDITIONAL GROUND BASED
TRANSMITTERS.
The Administrator shall conduct an evaluation of providing
additional ground based transmitters for Automatic Dependent
Surveillance-Broadcasts (ADS-B) to provide a minimum operational network
in Alaska along major flight routes.
SEC. 322. <<NOTE: 49 USC 44720 note.>> IMPROVED SAFETY IN RURAL
AREAS.
The Administrator shall permit an air carrier operating pursuant to
part 135 of title 14, Code of Federal Regulations, to operate to a
destination with a published approach, in a noncontiguous State under
instrument flight rules and conduct an instrument approach without a
destination Meteorological Aerodrome Report (METAR) if a current Area
Forecast, supplemented by noncertified local weather observations (such
as weather cameras and human observations) is available, and an
alternate airport that has a weather report is specified. The operator
shall have approved procedures for departure and en route weather
evaluation.
SEC. 323. EXIT ROWS.
(a) Review.--The Administrator shall conduct a review of current
safety procedures regarding unoccupied exit rows on a covered aircraft
in passenger air transportation during all stages of flight.
(b) Consultation.--In carrying out the review, the Administrator
shall consult with air carriers, aviation manufacturers, and labor
stakeholders.
[[Page 132 STAT. 3271]]
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the review.
(d) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means an aircraft operating under part 121 of title 14, Code
of Federal Regulations.
SEC. 324. COMPTROLLER GENERAL REPORT ON FAA ENFORCEMENT POLICY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall complete a study, and
report to the appropriate committees of Congress on the results thereof,
on the effectiveness of Order 8000.373, Federal Aviation Administration
Compliance Philosophy, announced on June 26, 2015. Such study shall
include information about--
(1) whether reports of safety incidents increased following
the order;
(2) whether reduced enforcement penalties increased the
overall number of safety incidents that occurred; and
(3) whether FAA enforcement staff registered complaints
about reduced enforcement reducing compliance with safety
regulations.
SEC. 325. ANNUAL SAFETY INCIDENT REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for 5 years, the Administrator,
shall submit to the appropriate committees of Congress a report
regarding part 121 airline safety oversight.
(b) Contents.--The annual report shall include--
(1) a description of the Federal Aviation Administration's
safety oversight process to ensure the safety of the traveling
public;
(2) a description of risk-based oversight methods applied to
ensure aviation safety, including to specific issues addressed
in the year preceding the report that in the determination of
the Administrator address safety risk; and
(3) in the instance of specific reviews of air carrier
performance to safety regulations, a description of cases where
the timelines for recurrent reviews are advanced.
SEC. 326. <<NOTE: 49 USC 40101 note.>> AIRCRAFT AIR QUALITY.
(a) Educational Materials.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall, in consultation with
relevant stakeholders, establish and make available on a publicly
available Internet website of the Administration, educational materials
for flight attendants, pilots, and aircraft maintenance technicians on
how to respond to incidents on board aircraft involving smoke or fumes.
(b) Reporting of Incidents of Smoke or Fumes on Board Aircraft.--Not
later than 180 days after the date of enactment of this Act, the
Administrator shall, in consultation with relevant stakeholders, issue
guidance for flight attendants, pilots, and aircraft maintenance
technicians to report incidents of smoke or fumes on board an aircraft
operated by a commercial air carrier and with respect to the basis on
which commercial air carriers shall report such incidents through the
Service Difficulty Reporting System.
[[Page 132 STAT. 3272]]
(c) Research to Develop Techniques to Monitor Bleed Air Quality.--
Not later than 180 days after the date of enactment of this Act, the
Administrator shall commission a study by the Airliner Cabin Environment
Research Center of Excellence--
(1) to identify and measure the constituents and levels of
constituents resulting from bleed air in the cabins of a
representative set of commercial aircraft in operation of the
United States;
(2) to assess the potential health effects of such
constituents on passengers and cabin and flight deck crew;
(3) to identify technologies suitable to provide reliable
and accurate warning of bleed air contamination, including
technologies to effectively monitor the aircraft air supply
system when the aircraft is in flight; and
(4) to identify potential techniques to prevent fume events.
(d) Report Required.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the feasibility, efficacy, and cost-
effectiveness of certification and installation of systems to evaluate
bleed air quality.
(e) Pilot Program.--The FAA may conduct a pilot program to evaluate
the effectiveness of technologies identified in subsection (c).
SEC. 327. APPROACH CONTROL RADAR.
The Administrator shall--
(1) identify airports that are currently served by FAA
towers with nonradar approach and departure control (type 4
classification in the Federal Aviation Administration OPSNET);
and
(2) develop an implementation plan, which takes into account
budgetary and flight volume considerations, to provide an
airport identified under paragraph (1), if appropriate, with
approach control radar.
SEC. 328. REPORT ON AIRLINE AND PASSENGER SAFETY.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on airline and passenger safety.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the average age of commercial aircraft owned and
operated by United States air carriers;
(2) the over-all use of planes, including average lifetime
of commercial aircraft;
(3) the number of hours aircraft are in flight over the life
of the aircraft and the average number of hours on domestic and
international flights, respectively;
(4) the impact of metal fatigue on aircraft usage and
safety;
(5) a review on contractor assisted maintenance of
commercial aircraft; and
(6) a re-evaluation of the rules on inspection of aging
airplanes.
SEC. 329. <<NOTE: 49 USC 40101 note.>> PERFORMANCE-BASED
STANDARDS.
The Administrator shall, to the maximum extent possible and
consistent with Federal law, and based on input by the public, ensure
that regulations, guidance, and policies issued by the FAA
[[Page 132 STAT. 3273]]
on and after the date of enactment of this Act are issued in the form of
performance-based standards, providing an equal or higher level of
safety.
SEC. 330. REPORT AND RECOMMENDATIONS ON CERTAIN AVIATION SAFETY
RISKS.
Not later than 1 year after the date of the enactment of this Act,
the Administrator shall submit to the appropriate committees of Congress
a report that--
(1) identifies safety risks associated with power outages at
airports caused by weather or other factors, and recommends
actions to improve resilience of aviation communication,
navigation, and surveillance systems in the event of such
outages; and
(2) reviews alerting mechanisms, devices, and procedures for
enhancing the situational awareness of pilots and air traffic
controllers in the event of a failure or an irregularity of
runway lights, and provides recommendations on the further
implementation of such mechanisms, devices, or procedures.
SEC. 331. REVIEW OF FAA'S AVIATION SAFETY INFORMATION ANALYSIS AND
SHARING SYSTEM.
(a) Audit by Department of Transportation Inspector General.--Not
later than 90 days after the date of enactment of this Act, the
inspector general of the Department of Transportation shall initiate a
follow-up review of the FAA's Aviation Safety Information Analysis and
Sharing (ASIAS) system to assess FAA's efforts and plans to improve the
system.
(b) Review.--The review shall include, at a minimum, an evaluation
of FAA's efforts to improve the ASIAS system's predictive capabilities
and solutions developed to more widely disseminate results of ASIAS data
analyses, as well as an update on previous inspector general
recommendations to improve this safety analysis and sharing system.
(c) Report.--The inspector general shall submit to the appropriate
committees of Congress a report on the results of the review carried out
under this section and any recommendations to improve FAA's ASIAS
system.
SEC. 332. <<NOTE: 49 USC 44706 note.>> AIRPORT RESCUE AND
FIREFIGHTING.
(a) Firefighting Foam.--Not later than 3 years after the date of
enactment of this Act, the Administrator, using the latest version of
National Fire Protection Association 403, ``Standard for Aircraft Rescue
and Fire-Fighting Services at Airports'', and in coordination with the
Administrator of the Environmental Protection Agency, aircraft
manufacturers and airports, shall not require the use of fluorinated
chemicals to meet the performance standards referenced in chapter 6 of
AC No: 150/5210-6D and acceptable under 139.319(l) of title 14, Code of
Federal Regulations.
(b) Training Facilities.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress--
(1) a report on the number and sufficiency of aircraft
rescue and firefighting training facilities in each FAA region;
and
(2) a plan, if appropriate, to address any coverage gaps
identified in the report.
[[Page 132 STAT. 3274]]
SEC. 333. <<NOTE: 49 USC 44701 note.>> SAFE AIR TRANSPORTATION OF
LITHIUM CELLS AND BATTERIES.
(a) Harmonization With ICAO Technical Instructions.--
(1) Adoption of icao instructions.--
(A) In general.--Pursuant to section 828 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44701
note), not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation
shall conform United States regulations on the air
transport of lithium cells and batteries with the
lithium cells and battery requirements in the 2015-2016
edition of the International Civil Aviation
Organization's (referred to in this subsection as
``ICAO'') Technical Instructions (to include all
addenda), including the revised standards adopted by
ICAO which became effective on April 1, 2016 and any
further revisions adopted by ICAO prior to the effective
date of the FAA Reauthorization Act of 2018.
(B) Further proceedings.--Beginning on the date the
revised regulations under subparagraph (A) are published
in the Federal Register, any lithium cell and battery
rulemaking action or update commenced on or after that
date shall continue to comply with the requirements
under section 828 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 44701 note).
(2) Review of other regulations.--Pursuant to section 828 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note), the Secretary of Transportation may initiate a review of
other existing regulations regarding the air transportation,
including passenger-carrying and cargo aircraft, of lithium
batteries and cells.
(b) Medical Device Batteries.--
(1) In general.--For United States applicants, the Secretary
of Transportation shall consider and either grant or deny, not
later than 45 days after receipt of an application, an
application submitted in compliance with part 107 of title 49,
Code of Federal Regulations, for special permits or approvals
for air transportation of lithium ion cells or batteries
specifically used by medical devices. Not later than 30 days
after the date of application, the Pipeline and Hazardous
Materials Safety Administration shall provide a draft special
permit to the Federal Aviation Administration based on the
application. The Federal Aviation Administration shall conduct
an on-site inspection for issuance of the special permit not
later than 20 days after the date of receipt of the draft
special permit from the Pipeline and Hazardous Materials Safety
Administration.
(2) Limited exceptions to restrictions on air transportation
of medical device batteries.--The Secretary shall issue limited
exceptions to the restrictions on transportation of lithium ion
and lithium metal batteries to allow the shipment on a passenger
aircraft of not more than 2 replacement batteries specifically
used for a medical device if--
(A) the intended destination of the batteries is not
serviced daily by cargo aircraft if a battery is
required for medically necessary care; and
(B) with regard to a shipper of lithium ion or
lithium metal batteries for medical devices that cannot
comply
[[Page 132 STAT. 3275]]
with a charge limitation in place at the time, each
battery is--
(i) individually packed in an inner packaging
that completely encloses the battery;
(ii) placed in a rigid outer packaging; and
(iii) protected to prevent a short circuit.
(3) Medial device defined.--ln this subsection, the term
``medical device'' means an instrument, apparatus, implement,
machine, contrivance, implant, or in vitro reagent, including
any component, part, or accessory thereof, which is intended for
use in the diagnosis of disease or other conditions, or in the
cure, mitigation, treatment, or prevention of disease, of a
person.
(4) Savings clause.--Nothing in this subsection shall be
construed as expanding or constricting any other authority the
Secretary of Transportation has under section 828 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).
(c) Lithium Battery Safety Working Group.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a lithium battery safety working group (referred to as
the ``working group'' in this section) to promote and coordinate
efforts related to the promotion of the safe manufacture, use,
and transportation of lithium batteries and cells.
(2) Duties.--The working group shall coordinate and
facilitate the transfer of knowledge and expertise among the
following Federal agencies:
(A) The Department of Transportation.
(B) The Consumer Product Safety Commission.
(C) The National Institute on Standards and
Technology.
(D) The Food and Drug Administration.
(3) Members.--The Secretary shall appoint not more than 8
members to the working group with expertise in the safe
manufacture, use, or transportation of lithium batteries and
cells.
(4) Subcommittees.--The Secretary, or members of the working
group, may--
(A) establish working group subcommittees to focus
on specific issues related to the safe manufacture, use,
or transportation of lithium batteries and cells; and
(B) include in a subcommittee the participation of
nonmember stakeholders with expertise in areas that the
Secretary or members consider necessary.
(5) Report.--Not later than 1 year after the date it is
established, the working group shall--
(A) identify and assess--
(i) additional ways to decrease the risk of
fires and explosions from lithium batteries and
cells;
(ii) additional ways to ensure uniform
transportation requirements for both bulk and
individual batteries; and
(iii) new or existing technologies that may
reduce the fire and explosion risk of lithium
batteries and cells; and
[[Page 132 STAT. 3276]]
(B) transmit to the appropriate committees of
Congress a report on the assessments conducted under
subparagraph (A), including any legislative
recommendations to effectuate the safety improvements
described in clauses (i) through (iii) of that
subparagraph.
(6) Termination.--The working group, and any working group
subcommittees, shall terminate 90 days after the date the report
is transmitted under paragraph (5).
(d) Lithium Battery Air Safety Advisory Committee.--
(1) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish, in
accordance with the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.), a lithium ion and lithium metal
battery air safety advisory committee (in this subsection
referred to as the ``Committee'').
(2) Duties.--The Committee shall--
(A) facilitate communication between manufacturers
of lithium ion and lithium metal cells and batteries,
manufacturers of products incorporating both large and
small lithium ion and lithium metal batteries, air
carriers, and the Federal Government regarding the safe
air transportation of lithium ion and lithium metal
cells and batteries and the effectiveness and economic
and social impacts of the regulation of such
transportation;
(B) provide the Secretary, the Federal Aviation
Administration, and the Pipeline and Hazardous Materials
Safety Administration with timely information about new
lithium ion and lithium metal battery technology and
transportation safety practices and methodologies;
(C) provide a forum for the Secretary to provide
information on and to discuss the activities of the
Department of Transportation relating to lithium ion and
lithium metal battery transportation safety, the
policies underlying the activities, and positions to be
advocated in international forums;
(D) provide a forum for the Secretary to provide
information and receive advice on--
(i) activities carried out throughout the
world to communicate and enforce relevant United
States regulations and the ICAO Technical
Instructions; and
(ii) the effectiveness of the activities;
(E) provide advice and recommendations to the
Secretary with respect to lithium ion and lithium metal
battery air transportation safety, including how best to
implement activities to increase awareness of relevant
requirements and their importance to travelers and
shippers; and
(F) review methods to decrease the risk posed by air
shipment of undeclared hazardous materials and efforts
to educate those who prepare and offer hazardous
materials for shipment via air transport.
(3) Membership.--The Committee shall be composed of the
following members:
(A) Individuals appointed by the Secretary to
represent--
(i) large volume manufacturers of lithium ion
and lithium metal cells and batteries;
[[Page 132 STAT. 3277]]
(ii) domestic manufacturers of lithium ion and
lithium metal batteries or battery packs;
(iii) manufacturers of consumer products
powered by lithium ion and lithium metal
batteries;
(iv) manufacturers of vehicles powered by
lithium ion and lithium metal batteries;
(v) marketers of products powered by lithium
ion and lithium metal batteries;
(vi) cargo air service providers based in the
United States;
(vii) passenger air service providers based in
the United States;
(viii) pilots and employees of air service
providers described in clauses (vi) and (vii);
(ix) shippers of lithium ion and lithium metal
batteries for air transportation;
(x) manufacturers of battery-powered medical
devices or batteries used in medical devices; and
(xi) employees of the Department of
Transportation, including employees of the Federal
Aviation Administration and the Pipeline and
Hazardous Materials Safety Administration.
(B) Representatives of such other Government
departments and agencies as the Secretary determines
appropriate.
(C) Any other individuals the Secretary determines
are appropriate to comply with Federal law.
(4) Report.--
(A) In general.--Not later than 180 days after the
establishment of the Committee, the Committee shall
submit to the Secretary and the appropriate committees
of Congress a report that--
(i) describes and evaluates the steps being
taken in the private sector and by international
regulatory authorities to implement and enforce
requirements relating to the safe transportation
by air of bulk shipments of lithium ion cells and
batteries; and
(ii) identifies any areas of enforcement or
regulatory requirements for which there is
consensus that greater attention is needed.
(B) Independent statements.--Each member of the
Committee shall be provided an opportunity to submit an
independent statement of views with the report submitted
pursuant to subparagraph (A).
(5) Meetings.--
(A) In general.--The Committee shall meet at the
direction of the Secretary and at least twice a year.
(B) Preparation for icao meetings.--Notwithstanding
subparagraph (A), the Secretary shall convene a meeting
of the Committee in connection with and in advance of
each meeting of the International Civil Aviation
Organization, or any of its panels or working groups,
addressing the safety of air transportation of lithium
ion and lithium metal batteries to brief Committee
members on positions to be taken by the United States at
such meeting and provide Committee members a meaningful
opportunity to comment.
[[Page 132 STAT. 3278]]
(6) Termination.--The Committee shall terminate on the date
that is 6 years after the date on which the Committee is
established.
(7) Termination of future of aviation advisory committee.--
The Future of Aviation Advisory Committee shall terminate on the
date on which the lithium ion battery air safety advisory
committee is established.
(e) Cooperative Efforts to Ensure Compliance With Safety
Regulations.--
(1) In general.--The Secretary of Transportation, in
coordination with appropriate Federal agencies, shall carry out
cooperative efforts to ensure that shippers who offer lithium
ion and lithium metal batteries for air transport to or from the
United States comply with U.S. Hazardous Materials Regulations
and ICAO Technical Instructions.
(2) Cooperative efforts.--The cooperative efforts the
Secretary shall carry out pursuant to paragraph (1) include the
following:
(A) Encouraging training programs at locations
outside the United States from which substantial cargo
shipments of lithium ion or lithium metal batteries
originate for manufacturers, freight forwarders, and
other shippers and potential shippers of lithium ion and
lithium metal batteries.
(B) Working with Federal, regional, and
international transportation agencies to ensure
enforcement of U.S. Hazardous Materials Regulations and
ICAO Technical Instructions with respect to shippers who
offer noncompliant shipments of lithium ion and lithium
metal batteries.
(C) Sharing information, as appropriate, with
Federal, regional, and international transportation
agencies regarding noncompliant shipments.
(D) Pursuing a joint effort with the international
aviation community to develop a process to obtain
assurances that appropriate enforcement actions are
taken to reduce the likelihood of noncompliant
shipments, especially with respect to jurisdictions in
which enforcement activities historically have been
limited.
(E) Providing information in brochures and on the
internet in appropriate foreign languages and dialects
that describes the actions required to comply with U.S.
Hazardous Materials Regulations and ICAO Technical
Instructions.
(F) Developing joint efforts with the international
aviation community to promote a better understanding of
the requirements of and methods of compliance with U.S.
Hazardous Materials Regulations and ICAO Technical
Instructions.
(3) Reporting.--Not later than 120 days after the date of
enactment of this Act, and annually thereafter for 2 years, the
Secretary shall submit to the appropriate committees of Congress
a report on compliance with the policy set forth in subsection
(e) and the cooperative efforts carried out, or planned to be
carried out, under this subsection.
(f) Packaging Improvements.--Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with interested
stakeholders, shall submit to the appropriate committees of Congress an
evaluation of current practices for the
[[Page 132 STAT. 3279]]
packaging of lithium ion batteries and cells for air transportation,
including recommendations, if any, to improve the packaging of such
batteries and cells for air transportation in a safe, efficient, and
cost-effective manner.
(g) Department of Transportation Policy on International
Representation.--
(1) In general.--It shall be the policy of the Department of
Transportation to support the participation of industry and
labor stakeholders in all panels and working groups of the
dangerous goods panel of the ICAO and any other international
test or standard setting organization that considers proposals
on the safety or transportation of lithium ion and lithium metal
batteries in which the United States participates.
(2) Participation.--The Secretary of Transportation shall
request that as part of the ICAO deliberations in the dangerous
goods panel on these issues, that appropriate experts on issues
under consideration be allowed to participate.
(h) Definitions.--In this section, the following definitions apply:
(1) ICAO technical instructions.--The term ``ICAO Technical
Instructions'' has the meaning given that term in section 828(c)
of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note).
(2) U.S. hazardous materials regulations.--The term ``U.S.
Hazardous Materials Regulations'' means the regulations in parts
100 through 177 of title 49, Code of Federal Regulations
(including amendments adopted after the date of enactment of
this Act).
SEC. 334. RUNWAY SAFETY.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on improving runway safety.
(b) Contents.--In the report required under this section, the
Administrator shall--
(1) review the relative benefits and risks of requiring the
use of runway awareness and advisory systems in turbine-powered
airplanes with a maximum takeoff weight greater than 19,000
pounds;
(2) review systems capable of detecting wrong-surface
alignment to determine whether the capability exists to detect
imminent wrong-surface landings at each airport where such a
system is in use;
(3) describe information gathered from the use of the
Airport Surface Surveillance Capability system at San Francisco
International Airport since July 2017;
(4) assess available technologies to determine whether it is
feasible, cost-effective, and appropriate to install and deploy,
at any airport, systems to provide a direct warning capability
to flight crews or air traffic controllers, or both, of
potential runway incursions; and
(5) describe FAA efforts to develop metrics that would allow
the FAA to determine whether runway incursions are increasing
and to assess the effectiveness of implemented runway safety
initiatives.
[[Page 132 STAT. 3280]]
(c) Consultation.--The Administrator shall consult with the National
Transportation Safety Board in developing the report required under this
section.
SEC. 335. <<NOTE: 49 USC 44701 note.>> FLIGHT ATTENDANT DUTY
PERIOD LIMITATIONS AND REST REQUIREMENTS.
(a) Modification of Final Rule.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
modify the final rule of the Federal Aviation Administration
published in the Federal Register on August 19, 1994 (59 Fed.
Reg. 42974; relating to flight attendant duty period limitations
and rest requirements) in accordance with the requirements of
this subsection.
(2) Contents.--The final rule, as modified under paragraph
(1), shall ensure that--
(A) a flight attendant scheduled to a duty period of
14 hours or less is given a scheduled rest period of at
least 10 consecutive hours; and
(B) the rest period is not reduced under any
circumstances.
(b) Fatigue Risk Management Plan.--
(1) Submission of plan by part 121 air carriers.--Not later
than 90 days after the date of enactment of this Act, each air
carrier operating under part 121 of title 14, Code of Federal
Regulations (in this section referred to as a ``part 121 air
carrier''), shall submit to the Administrator of the Federal
Aviation Administration for review and acceptance a fatigue risk
management plan for the carrier's flight attendants.
(2) Contents of plan.--A fatigue risk management plan
submitted by a part 121 air carrier under paragraph (1) shall
include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme consistent with such limitations
that enables the management of flight attendant fatigue,
including annual training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on flight
attendants; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that
continually assesses the effectiveness of implementation
of the plan, including the ability of the plan--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) Review.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall review and accept
or reject each fatigue risk management plan submitted under this
subsection. If the Administrator rejects a plan, the
Administrator shall provide suggested modifications for
resubmission of the plan.
(4) Plan updates.--
(A) In general.--A part 121 air carrier shall update
its fatigue risk management plan under paragraph (1)
every 2 years and submit the update to the Administrator
for review and acceptance.
(B) Review.--Not later than 1 year after the date of
submission of a plan update under subparagraph (A),
[[Page 132 STAT. 3281]]
the Administrator shall review and accept or reject the
update. If the Administrator rejects an update, the
Administrator shall provide suggested modifications for
resubmission of the update.
(5) Compliance.--A part 121 air carrier shall comply with
the fatigue risk management plan of the air carrier that is
accepted by the Administrator under this subsection.
(6) Civil penalties.--A violation of this subsection by a
part 121 air carrier shall be treated as a violation of chapter
447 of title 49, United States Code, for purposes of the
application of civil penalties under chapter 463 of that title.
SEC. 336. <<NOTE: Saracini Aviation Safety Act of 2018.>>
SECONDARY COCKPIT BARRIERS.
(a) <<NOTE: 49 USC 44903 note.>> Short Title.--This section may be
cited as the ``Saracini Aviation Safety Act of 2018''.
(b) Requirement.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue an order requiring installation of a
secondary cockpit barrier on each new aircraft that is manufactured for
delivery to a passenger air carrier in the United States operating under
the provisions of part 121 of title 14, Code of Federal Regulations.
SEC. 337. AIRCRAFT CABIN EVACUATION PROCEDURES.
(a) Review.--The Administrator of the Federal Aviation
Administration shall review--
(1) evacuation certification of transport-category aircraft
used in air transportation, with regard to--
(A) emergency conditions, including impacts into
water;
(B) crew procedures used for evacuations under
actual emergency conditions;
(C) any relevant changes to passenger demographics
and legal requirements, including the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), that
affect emergency evacuations; and
(D) any relevant changes to passenger seating
configurations, including changes to seat width,
padding, reclining, size, pitch, leg room, and aisle
width; and
(2) recent accidents and incidents in which passengers
evacuated such aircraft.
(b) Consultation; Review of Data.--In conducting the review under
subsection (a), the Administrator shall--
(1) consult with the National Transportation Safety Board,
transport-category aircraft manufacturers, air carriers, and
other relevant experts and Federal agencies, including groups
representing passengers, airline crew members, maintenance
employees, and emergency responders; and
(2) review relevant data with respect to evacuation
certification of transport-category aircraft.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the results of the review under
subsection (a) and related recommendations, if any, including
recommendations for revisions to the assumptions and methods used for
assessing evacuation certification of transport-category aircraft.
[[Page 132 STAT. 3282]]
SEC. 338. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each air carrier should have in place policies and
procedures to address sexual misconduct, including policies and
procedures to--
(B) facilitate the reporting of sexual misconduct to
appropriate law enforcement agencies;
(C) communicate to personnel and passengers of the
air carrier the rights of such individuals with respect
to sexual misconduct;
(D) train personnel of the air carrier to recognize
and respond appropriately to, and to notify the
appropriate law enforcement agency of, sexual
misconduct; and
(E) ensure other appropriate actions are undertaken
to respond effectively to sexual misconduct; and
(2) individuals who perpetrate sexual misconduct should be
held accountable under all applicable Federal and State laws.
SEC. 339. <<NOTE: 49 USC 44903 note.>> CIVIL PENALTIES FOR
INTERFERENCE.
(a) Interference With Cabin or Flight Crew.--Section 46318(a) of
title 49, United States Code, is amended--
(1) by inserting ``or sexually'' after ``physically'' each
place it appears; and
(2) by striking ``$25,000'' and inserting ``$35,000''.
SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT TASK FORCE.
(a) Establishment of Task Force.--The Secretary of Transportation
shall establish a task force, to be known as the ``National In-Flight
Sexual Misconduct Task Force'' (referred to in this section as ``Task
Force'') to--
(1) review current practices, protocols and requirements of
air carriers in responding to allegations of sexual misconduct
by passengers onboard aircraft, including training, reporting
and data collection; and
(2) provide recommendations on training, reporting and data
collection regarding allegations of sexual misconduct occurring
on passenger airline flights that are informed by the review of
information described in paragraph (1) and subsection (c)(5) on
passengers who have experienced sexual misconduct onboard
aircraft.
(b) Membership.--The Task Force shall be composed of, at a minimum,
representatives from--
(1) Department of Transportation;
(2) Department of Justice, including the Federal Bureau of
Investigation, Office of Victims for Crimes, and the Office on
Violence Against Women;
(3) National organizations that specialize in providing
services to sexual assault victims;
(4) labor organizations that represent flight attendants;
(5) labor organizations that represent pilots;
(6) airports;
(7) air carriers;
(8) State and local law enforcement agencies; and
(9) such other Federal agencies and stakeholder
organizations as the Secretary of Transportation considers
appropriate.
[[Page 132 STAT. 3283]]
(c) Purpose of Task Force.--The purpose of the Task Force shall be
to--
(1) issue recommendations for addressing allegations of
sexual misconduct by passengers onboard aircraft, including
airline employee and contractor training;
(2) issue recommendations on effective ways for passengers
involved in incidents of alleged sexual misconduct to report
such allegation of sexual misconduct;
(3) issue recommendations on how to most effectively provide
data on instances of alleged sexual misconduct onboard aircraft
and to whom the data collected should be reported in a manner
that protects the privacy and confidentiality of individuals
involved in incidents of alleged sexual misconduct and precludes
the release of data that publically identifies an individual air
carrier to enable better understanding of the frequency and
severity of such misconduct;
(4) issue recommendations for flight attendants, pilots, and
other appropriate airline personnel on law enforcement
notification in incidents of alleged sexual misconduct;
(5) review and utilize first-hand accounts from passengers
who have experienced sexual misconduct onboard aircraft; and
(6) other matters deemed necessary by the Task Force.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Task Force shall submit a report with its recommendations
and findings developed pursuant to subsection (c) to the Secretary of
Transportation.
(e) Plan.--Not later than 180 days after receiving the report
required under subsection (d) the Secretary of Transportation, in
coordination with relevant federal agencies, shall submit to appropriate
committees of Congress a plan to address the recommendations in the
report required under subsection (d). The Secretary of Transportation
shall make changes to guidance, policies and regulations, as necessary,
within 1 year of submitting the plan required in this subsection.
(f) Regulations.--Not later than 1 year after submitting the plan
required in this subsection, the Secretary of Transportation may issue
regulations as deemed necessary to require each air carrier and other
covered entity to develop a policy concerning sexual misconduct in
accordance with the recommendations and findings of the Task Force under
subsection (c).
(g) Sunset.--The Task Force established pursuant to subsection (a)
shall terminate upon the submission of the report pursuant to subsection
(d).
SEC. 339B. <<NOTE: 49 USC 44903 note.>> REPORTING PROCESS FOR
SEXUAL MISCONDUCT ONBOARD AIRCRAFT.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Attorney General, in coordination with
relevant Federal agencies, shall establish a streamlined process, based
on the plan required under section 339A(e) of this Act, for individuals
involved in incidents of alleged sexual misconduct onboard aircraft to
report such allegations of sexual misconduct to law enforcement in a
manner that protects the privacy and confidentiality of individuals
involved in such allegations.
(b) Availability of Reporting Process.--The process for reporting
established under subsection (a) shall be made available to the public
on the primary Internet websites of--
[[Page 132 STAT. 3284]]
(1) the Office for Victims of Crime and the Office on
Violence Against Women of the Department of Justice;
(2) the Federal Bureau of Investigation; and
(3) the Department of Transportation.
Subtitle B--Unmanned Aircraft Systems
SEC. 341. DEFINITIONS; INTEGRATION OF CIVIL UNMANNED AIRCRAFT
SYSTEMS INTO NATIONAL AIRSPACE SYSTEM.
(a) In General.--Part A of subtitle VII of title 49, United States
Code, <<NOTE: 49 USC 44801 prec.>> is amended by inserting after
chapter 447 the following:
``CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS
``Sec.
``44801. Definitions.
``44802. Integration of civil unmanned aircraft systems into national
airspace system.
``Sec. 44801. <<NOTE: 49 USC 44801.>> Definitions
``In this chapter, the following definitions apply:
``(1) Actively tethered unmanned aircraft system.--The term
`actively tethered unmanned aircraft system' means an unmanned
aircraft system in which the unmanned aircraft component--
``(A) weighs 4.4 pounds or less, including payload
but not including the tether;
``(B) is physically attached to a ground station
with a taut, appropriately load-rated tether that
provides continuous power to the unmanned aircraft and
is unlikely to be separated from the unmanned aircraft;
and
``(C) is controlled and retrieved by such ground
station through physical manipulation of the tether.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
``(3) Arctic.--The term `Arctic' means the United States
zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of
the Aleutian chain.
``(4) Certificate of waiver; certificate of authorization.--
The terms `certificate of waiver' and `certificate of
authorization' mean a Federal Aviation Administration grant of
approval for a specific flight operation.
``(5) Counter-UAS system.--The term `counter-UAS system'
means a system or device capable of lawfully and safely
disabling, disrupting, or seizing control of an unmanned
aircraft or unmanned aircraft system.
``(6) Permanent areas.--The term `permanent areas' means
areas on land or water that provide for launch, recovery, and
operation of small unmanned aircraft.
``(7) Public unmanned aircraft system.--The term `public
unmanned aircraft system' means an unmanned aircraft system
[[Page 132 STAT. 3285]]
that meets the qualifications and conditions required for
operation of a public aircraft.
``(8) Sense and avoid capability.--The term `sense and avoid
capability' means the capability of an unmanned aircraft to
remain a safe distance from and to avoid collisions with other
airborne aircraft, structures on the ground, and other objects.
``(9) Small unmanned aircraft.--The term `small unmanned
aircraft' means an unmanned aircraft weighing less than 55
pounds, including the weight of anything attached to or carried
by the aircraft.
``(10) Test range.--The term `test range' means a defined
geographic area where research and development are conducted as
authorized by the Administrator of the Federal Aviation
Administration, and includes any of the 6 test ranges
established by the Administrator under section 332(c) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as
in effect on the day before the date of enactment of the FAA
Reauthorization Act of 2018, and any public entity authorized by
the Federal Aviation Administration as an unmanned aircraft
system flight test center before January 1, 2009.
``(11) Unmanned aircraft.--The term `unmanned aircraft'
means an aircraft that is operated without the possibility of
direct human intervention from within or on the aircraft.
``(12) Unmanned aircraft system.--The term `unmanned
aircraft system' means an unmanned aircraft and associated
elements (including communication links and the components that
control the unmanned aircraft) that are required for the
operator to operate safely and efficiently in the national
airspace system.
``(13) UTM.--The term `UTM' means an unmanned aircraft
system traffic management system or service.
``Sec. 44802. <<NOTE: 49 USC 44802.>> Integration of civil
unmanned aircraft systems into national
airspace system
``(a) Required Planning for Integration.--
``(1) Comprehensive plan.--Not later than November 10, 2012,
the Secretary of Transportation, in consultation with
representatives of the aviation industry, Federal agencies that
employ unmanned aircraft systems technology in the national
airspace system, and the unmanned aircraft systems industry,
shall develop a comprehensive plan to safely accelerate the
integration of civil unmanned aircraft systems into the national
airspace system.
``(2) Contents of plan.--The plan required under paragraph
(1) shall contain, at a minimum, recommendations or projections
on--
``(A) the rulemaking to be conducted under
subsection (b), with specific recommendations on how the
rulemaking will--
``(i) define the acceptable standards for
operation and certification of civil unmanned
aircraft systems;
``(ii) ensure that any civil unmanned aircraft
system includes a sense-and-avoid capability; and
``(iii) establish standards and requirements
for the operator and pilot of a civil unmanned
aircraft system, including standards and
requirements for registration and licensing;
[[Page 132 STAT. 3286]]
``(B) the best methods to enhance the technologies
and subsystems necessary to achieve the safe and routine
operation of civil unmanned aircraft systems in the
national airspace system;
``(C) a phased-in approach to the integration of
civil unmanned aircraft systems into the national
airspace system;
``(D) a timeline for the phased-in approach
described under subparagraph (C);
``(E) creation of a safe airspace designation for
cooperative manned and unmanned flight operations in the
national airspace system;
``(F) establishment of a process to develop
certification, flight standards, and air traffic
requirements for civil unmanned aircraft systems at test
ranges where such systems are subject to testing;
``(G) the best methods to ensure the safe operation
of civil unmanned aircraft systems and public unmanned
aircraft systems simultaneously in the national airspace
system; and
``(H) incorporation of the plan into the annual
NextGen Implementation Plan document (or any successor
document) of the Federal Aviation Administration.
``(3) Deadline.--The plan required under paragraph (1) shall
provide for the safe integration of civil unmanned aircraft
systems into the national airspace system as soon as
practicable, but not later than September 30, 2015.
``(4) Report to congress.--Not later than February 14, 2013,
the Secretary shall submit to Congress a copy of the plan
required under paragraph (1).
``(5) Roadmap.--Not later than February 14, 2013, the
Secretary shall approve and make available in print and on the
Administration's internet website a 5-year roadmap for the
introduction of civil unmanned aircraft systems into the
national airspace system, as coordinated by the Unmanned
Aircraft Program Office of the Administration. The Secretary
shall update, in coordination with the Administrator of the
National Aeronautics and Space Administration (NASA) and
relevant stakeholders, including those in industry and academia,
the roadmap annually. The roadmap shall include, at a minimum--
``(A) cost estimates, planned schedules, and
performance benchmarks, including specific tasks,
milestones, and timelines, for unmanned aircraft systems
integration into the national airspace system, including
an identification of--
``(i) the role of the unmanned aircraft
systems test ranges established under subsection
(c) and the Unmanned Aircraft Systems Center of
Excellence;
``(ii) performance objectives for unmanned
aircraft systems that operate in the national
airspace system; and
``(iii) research and development priorities
for tools that could assist air traffic
controllers as unmanned aircraft systems are
integrated into the national airspace system, as
appropriate;
[[Page 132 STAT. 3287]]
``(B) a description of how the Administration plans
to use research and development, including research and
development conducted through NASA's Unmanned Aircraft
Systems Traffic Management initiatives, to accommodate,
integrate, and provide for the evolution of unmanned
aircraft systems in the national airspace system;
``(C) an assessment of critical performance
abilities necessary to integrate unmanned aircraft
systems into the national airspace system, and how these
performance abilities can be demonstrated; and
``(D) an update on the advancement of technologies
needed to integrate unmanned aircraft systems into the
national airspace system, including decisionmaking by
adaptive systems, such as sense-and-avoid capabilities
and cyber physical systems security.
``(b) Rulemaking.--Not later than 18 months after the date on which
the plan required under subsection (a)(1) is submitted to Congress under
subsection (a)(4), the Secretary shall publish in the Federal Register--
``(1) a final rule on small unmanned aircraft systems that
will allow for civil operation of such systems in the national
airspace system, to the extent the systems do not meet the
requirements for expedited operational authorization under
section 44807;
``(2) a notice of proposed rulemaking to implement the
recommendations of the plan required under subsection (a)(1),
with the final rule to be published not later than 16 months
after the date of publication of the notice; and
``(3) an update to the Administration's most recent policy
statement on unmanned aircraft systems, contained in Docket No.
FAA-2006-25714.''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters for subtitle
VII of title 49, United States Code, <<NOTE: 49 USC 44801
prec.>> is amended by inserting after the item relating to
chapter 447 the following:
``448 . Unmanned aircraft systems...............................44801''.
(2) Repeal.--Section 332 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note) and the item relating to that
section in the table of contents under section 1(b) of that Act
are repealed.
SEC. 342. <<NOTE: 49 USC 44802 note.>> UPDATE OF FAA
COMPREHENSIVE PLAN.
(a) In General.--Not later than 270 days after the date of enactment
of this Act, the Secretary of Transportation shall update the
comprehensive plan described in section 44802 of title 49, United States
Code, to develop a concept of operations for the integration of unmanned
aircraft into the national airspace system.
(b) Considerations.--In carrying out the update under subsection
(a), the Secretary shall consider, at a minimum--
(1) the potential use of UTM and other technologies to
ensure the safe and lawful operation of unmanned aircraft in the
national airspace system;
(2) the appropriate roles, responsibilities, and authorities
of government agencies and the private sector in identifying and
reporting unlawful or harmful operations and operators of
unmanned aircraft;
[[Page 132 STAT. 3288]]
(3) the use of models, threat assessments, probabilities,
and other methods to distinguish between lawful and unlawful
operations of unmanned aircraft; and
(4) appropriate systems, training, intergovernmental
processes, protocols, and procedures to mitigate risks and
hazards posed by unlawful or harmful operations of unmanned
aircraft systems.
(c) Consultation.--The Secretary shall carry out the update under
subsection (a) in consultation with representatives of the aviation
industry, Federal agencies that employ unmanned aircraft systems
technology in the national airspace system, and the unmanned aircraft
systems industry.
(d) Program Alignment Report.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress, a report that describes a strategy to--
(1) avoid duplication;
(2) leverage capabilities learned across programs;
(3) support the safe integration of UAS into the national
airspace; and
(4) systematically and timely implement or execute--
(A) commercially-operated Low Altitude Authorization
and Notification Capability;
(B) the Unmanned Aircraft System Integration Pilot
Program; and
(C) the Unmanned Traffic Management Pilot Program.
SEC. 343. UNMANNED AIRCRAFT TEST RANGES.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44803. <<NOTE: 49 USC 44803.>> Unmanned aircraft test
ranges
``(a) In General.--The Administrator of the Federal Aviation
Administration shall carry out and update, as appropriate, a program for
the use of the test ranges to facilitate the safe integration of
unmanned aircraft systems into the national airspace system.
``(b) Program Requirements.--In carrying out the program under
subsection (a), the Administrator shall--
``(1) designate airspace for safely testing the integration
of unmanned flight operations in the national airspace system;
``(2) develop operational standards and air traffic
requirements for unmanned flight operations at test ranges;
``(3) coordinate with, and leverage the resources of, the
National Aeronautics and Space Administration and the Department
of Defense;
``(4) address both civil and public unmanned aircraft
systems;
``(5) ensure that the program is coordinated with relevant
aspects of the Next Generation Air Transportation System;
``(6) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures as it relates
to continued development of standards for integration into the
national airspace system;
``(7) engage test range operators, as necessary and within
available resources, in projects for research, development,
[[Page 132 STAT. 3289]]
testing, and evaluation of unmanned aircraft systems to
facilitate the Federal Aviation Administration's development of
standards for the safe integration of unmanned aircraft into the
national airspace system, which may include solutions for--
``(A) developing and enforcing geographic and
altitude limitations;
``(B) providing for alerts by the manufacturer of an
unmanned aircraft system regarding any hazards or
limitations on flight, including prohibition on flight
as necessary;
``(C) sense and avoid capabilities;
``(D) beyond-visual-line-of-sight operations,
nighttime operations, operations over people, operation
of multiple small unmanned aircraft systems, and
unmanned aircraft systems traffic management, or other
critical research priorities; and
``(E) improving privacy protections through the use
of advances in unmanned aircraft systems technology;
``(8) coordinate periodically with all test range operators
to ensure test range operators know which data should be
collected, what procedures should be followed, and what research
would advance efforts to safely integrate unmanned aircraft
systems into the national airspace system;
``(9) streamline to the extent practicable the approval
process for test ranges when processing unmanned aircraft
certificates of waiver or authorization for operations at the
test sites;
``(10) require each test range operator to protect
proprietary technology, sensitive data, or sensitive research of
any civil or private entity when using that test range without
the need to obtain an experimental or special airworthiness
certificate;
``(11) allow test range operators to receive Federal
funding, other than from the Federal Aviation Administration,
including in-kind contributions, from test range participants in
the furtherance of research, development, and testing
objectives.
``(c) Waivers.--In carrying out this section the Administrator may
waive the requirements of section 44711 of title 49, United States Code,
including related regulations, to the extent consistent with aviation
safety.
``(d) Review of Operations by Test Range Operators.--The operator of
each test range under subsection (a) shall--
``(1) review the operations of unmanned aircraft systems
conducted at the test range, including--
``(A) ongoing or completed research; and
``(B) data regarding operations by private and
public operators; and
``(2) submit to the Administrator, in such form and manner
as specified by the Administrator, the results of the review,
including recommendations to further enable private research and
development operations at the test ranges that contribute to the
Federal Aviation Administration's safe integration of unmanned
aircraft systems into the national airspace system, on a
quarterly basis until the program terminates.
``(e) Testing.--The Secretary of Transportation may authorize an
operator of a test range described in subsection (a) to administer
testing requirements established by the Administrator for unmanned
aircraft systems operations.
[[Page 132 STAT. 3290]]
``(f) Collaborative Research and Development Agreements.--The
Administrator may use the other transaction authority under section
106(l)(6) and enter into collaborative research and development
agreements, to direct research related to unmanned aircraft systems,
including at any test range under subsection (a), and in coordination
with the Center of Excellence for Unmanned Aircraft Systems.
``(g) Use of Center of Excellence for Unmanned Aircraft Systems.--
The Administrator, in carrying out research necessary to implement the
consensus safety standards requirements in section 44805 shall, to the
maximum extent practicable, leverage the research and testing capacity
and capabilities of the Center of Excellence for Unmanned Aircraft
Systems and the test ranges.
``(h) Termination.--The program under this section shall terminate
on September 30, 2023.''.
(b) Table of Contents.--The table of contents for chapter 448, as
added by this Act, <<NOTE: 49 USC 44801 prec.>> is further amended by
adding at the end the following:
``44803. Unmanned aircraft system test ranges.''.
SEC. 344. SMALL UNMANNED AIRCRAFT IN THE ARCTIC.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44804. <<NOTE: 49 USC 44804.>> Small unmanned aircraft in
the Arctic
``(a) In General.--The Secretary of Transportation shall develop a
plan and initiate a process to work with relevant Federal agencies and
national and international communities to designate permanent areas in
the Arctic where small unmanned aircraft may operate 24 hours per day
for research and commercial purposes.
``(b) Plan Contents.--The plan under subsection (a) shall include
the development of processes to facilitate the safe operation of small
unmanned aircraft beyond the visual line of sight.
``(c) Requirements.--Each permanent area designated under subsection
(a) shall enable over-water flights from the surface to at least 2,000
feet in altitude, with ingress and egress routes from selected coastal
launch sites.
``(d) Agreements.--To implement the plan under subsection (a), the
Secretary may enter into an agreement with relevant national and
international communities.
``(e) Aircraft Approval.--
``(1) In general.--Subject to paragraph (2), not later than
1 year after the entry into force of an agreement necessary to
effectuate the purposes of this section, the Secretary shall
work with relevant national and international communities to
establish and implement a process for approving the use of a
small unmanned aircraft in the designated permanent areas in the
Arctic without regard to whether the small unmanned aircraft is
used as a public aircraft, a civil aircraft, or a model
aircraft.
``(2) Existing process.--The Secretary may implement an
existing process to meet the requirements under paragraph
(1).''.
[[Page 132 STAT. 3291]]
(b) Table of Contents.--The table of contents for chapter 448 of
title 49, United States Code, as added by this Act, is further amended
by adding at the end the following:
``44804. Small unmanned aircraft in the Arctic.''.
SEC. 345. SMALL UNMANNED AIRCRAFT SAFETY STANDARDS.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44805. <<NOTE: 49 USC 44805.>> Small Unmanned aircraft
safety standards
``(a) FAA Process for Acceptance and Authorization.--The
Administrator of the Federal Aviation Administration shall establish a
process for--
``(1) accepting risk-based consensus safety standards
related to the design, production, and modification of small
unmanned aircraft systems;
``(2) authorizing the operation of small unmanned aircraft
system make and model designed, produced, or modified in
accordance with the consensus safety standards accepted under
paragraph (1);
``(3) authorizing a manufacturer to self-certify a small
unmanned aircraft system make or model that complies with
consensus safety standards accepted under paragraph (1); and
``(4) certifying a manufacturer of small unmanned aircraft
systems, or an employee of such manufacturer, that has
demonstrated compliance with the consensus safety standards
accepted under paragraph (1) and met any other qualifying
criteria, as determined by the Administrator, to alternatively
satisfy the requirements of paragraph (1).
``(b) Considerations.--Before accepting consensus safety standards
under subsection (a), the Administrator of the Federal Aviation
Administration shall consider the following:
``(1) Technologies or standards related to geographic
limitations, altitude limitations, and sense and avoid
capabilities.
``(2) Using performance-based requirements.
``(3) Assessing varying levels of risk posed by different
small unmanned aircraft systems and their operation and
tailoring performance-based requirements to appropriately
mitigate risk.
``(4) Predetermined action to maintain safety in the event
that a communications link between a small unmanned aircraft and
its operator is lost or compromised.
``(5) Detectability and identifiability to pilots, the
Federal Aviation Administration, and air traffic controllers, as
appropriate.
``(6) Means to prevent tampering with or modification of any
system, limitation, or other safety mechanism or standard under
this section or any other provision of law, including a means to
identify any tampering or modification that has been made.
``(7) Consensus identification standards under section 2202
of the FAA Extension, Safety, and Security Act of 2016 (Public
Law 114-190; 130 Stat. 615).
``(8) To the extent not considered previously by the
consensus body that crafted consensus safety standards, cost-
benefit and risk analyses of consensus safety standards that may
[[Page 132 STAT. 3292]]
be accepted pursuant to subsection (a) for newly designed small
unmanned aircraft systems.
``(9) Applicability of consensus safety standards to small
unmanned aircraft systems that are not manufactured
commercially.
``(10) Any technology or standard related to small unmanned
aircraft systems that promotes aviation safety.
``(11) Any category of unmanned aircraft systems that should
be exempt from the consensus safety standards based on risk
factors.
``(e) Nonapplicability of Other Laws.--The process for authorizing
the operation of small unmanned aircraft systems under subsection (a)
may allow for operation of any applicable small unmanned aircraft
systems within the national airspace system without requiring--
``(1) airworthiness certification requirements under section
44704 of this title; or
``(2) type certification under part 21 of title 14, Code of
Federal Regulations.
``(f) Revocation.--The Administrator may suspend or revoke the
authorizations in subsection (a) if the Administrator determines that
the manufacturer or the small unmanned aircraft system is no longer in
compliance with the standards accepted by the Administrator under
subsection (a)(1) or with the manufacturer's statement of compliance
under subsection (h).
``(g) Requirements.--With regard to an authorization under the
processes in subsection (a), the Administrator may require a
manufacturer of small unmanned aircraft systems to provide the Federal
Aviation Administration with the following:
``(1) The aircraft system's operating instructions.
``(2) The aircraft system's recommended maintenance and
inspection procedures.
``(3) The manufacturer's statement of compliance described
in subsection (h).
``(4) Upon request, a sample aircraft to be inspected by the
Federal Aviation Administration to ensure compliance with the
consensus safety standards accepted by the Administrator under
subsection (a).
``(h) Manufacturer's Statement of Compliance for Small UAS.--A
manufacturer's statement of compliance shall--
``(1) identify the aircraft make, model, range of serial
numbers, and any applicable consensus safety standards used and
accepted by the Administrator;
``(2) state that the aircraft make and model meets the
provisions of the consensus safety standards identified in
paragraph (1);
``(3) state that the aircraft make and model conforms to the
manufacturer's design data and is manufactured in a way that
ensures consistency across units in the production process in
order to meet the applicable consensus safety standards accepted
by the Administrator;
``(4) state that the manufacturer will make available to the
Administrator, operators, or customers--
``(A) the aircraft's operating instructions, which
conform to the consensus safety standards identified in
paragraph (1); and
[[Page 132 STAT. 3293]]
``(B) the aircraft's recommended maintenance and
inspection procedures, which conform to the consensus
safety standards identified in paragraph (1);
``(5) state that the manufacturer will monitor safety-of-
flight issues and take action to ensure it meets the consensus
safety standards identified in paragraph (1) and report these
issues and subsequent actions to the Administrator;
``(6) state that at the request of the Administrator, the
manufacturer will provide reasonable access for the
Administrator to its facilities for the purposes of overseeing
compliance with this section; and
``(7) state that the manufacturer, in accordance with the
consensus safety standards accepted by the Federal Aviation
Administration, has--
``(A) ground and flight tested random samples of the
aircraft;
``(B) found the sample aircraft performance
acceptable; and
``(C) determined that the make and model of aircraft
is suitable for safe operation.
``(i) Prohibitions.--
``(1) False statements of compliance.--It shall be unlawful
for any person to knowingly submit a statement of compliance
described in subsection (h) that is fraudulent or intentionally
false.
``(2) Introduction into interstate commerce.--Unless the
Administrator determines operation of an unmanned aircraft
system may be conducted without an airworthiness certificate or
permission, authorization, or approval under subsection (a), it
shall be unlawful for any person to knowingly introduce or
deliver for introduction into interstate commerce any small
unmanned aircraft system that is manufactured after the date
that the Administrator accepts consensus safety standards under
this section unless--
``(A) the make and model has been authorized for
operation under subsection (a); or
``(B) the aircraft has alternatively received design
and production approval issued by the Federal Aviation
Administration.
``(j) Exclusions.--The Administrator may exempt from the
requirements of this section small unmanned aircraft systems that are
not capable of navigating beyond the visual line of sight of the
operator through advanced flight systems and technology, if the
Administrator determines that such an exemption does not pose a risk to
the safety of the national airspace system.''.
(b) <<NOTE: 49 USC 44805 note.>> Unmanned Aircraft Systems Research
Facility.--The Center of Excellence for Unmanned Aircraft Systems shall
establish an unmanned aircraft systems research facility to study
appropriate safety standards for unmanned aircraft systems and to
validate such standards, as directed by the Administrator of the Federal
Aviation Administration, consistent with section 44805 of title 49,
United States Code, as added by this section.
(c) Table of Contents.--The table of contents for chapter 448 of
title 49, United States Code, as added by this Act, is further amended
by adding at the end the following:
``44805. Small unmanned aircraft safety standards.''.
[[Page 132 STAT. 3294]]
SEC. 346. PUBLIC UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44806. <<NOTE: 49 USC 44806.>> Public unmanned aircraft
systems
``(a) Guidance.--The Secretary of Transportation shall issue
guidance regarding the operation of a public unmanned aircraft system--
``(1) to streamline and expedite the process for the
issuance of a certificate of authorization or a certificate of
waiver;
``(2) to facilitate the capability of public agencies to
develop and use test ranges, subject to operating restrictions
required by the Federal Aviation Administration, to test and
operate public unmanned aircraft systems; and
``(3) to provide guidance on a public agency's
responsibilities when operating an unmanned aircraft without a
civil airworthiness certificate issued by the Administration.
``(b) Agreements With Government Agencies.--
``(1) In general.--The Secretary shall enter into an
agreement with each appropriate public agency to simplify the
process for issuing a certificate of waiver or a certificate of
authorization with respect to an application for authorization
to operate a public unmanned aircraft system in the national
airspace system.
``(2) Contents.--An agreement under paragraph (1) shall--
``(A) with respect to an application described in
paragraph (1)--
``(i) provide for an expedited review of the
application;
``(ii) require a decision by the Administrator
on approval or disapproval not later than 60
business days after the date of submission of the
application; and
``(iii) allow for an expedited appeal if the
application is disapproved;
``(B) allow for a one-time approval of similar
operations carried out during a fixed period of time;
and
``(C) allow a government public safety agency to
operate an unmanned aircraft weighing 4.4 pounds or less
if that unmanned aircraft is operated--
``(i) within or beyond the visual line of
sight of the operator;
``(ii) less than 400 feet above the ground;
``(iii) during daylight conditions;
``(iv) within Class G airspace; and
``(v) outside of 5 statute miles from any
airport, heliport, seaplane base, spaceport, or
other location with aviation activities.
``(c) Public Actively Tethered Unmanned Aircraft Systems.--
``(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall permit the use of, and may issue guidance
regarding, the use of public actively tethered unmanned aircraft
systems that are--
[[Page 132 STAT. 3295]]
``(A) operated at an altitude of less than 150 feet
above ground level;
``(B) operated--
``(i) within class G airspace; or
``(ii) at or below the ceiling depicted on the
Federal Aviation Administration's published UAS
facility maps for class B, C, D, or E surface area
airspace;
``(C) not flown directly over non-participating
persons;
``(D) operated within visual line of sight of the
operator; and
``(E) operated in a manner that does not interfere
with and gives way to any other aircraft.
``(2) Requirements.--Public actively tethered unmanned
aircraft systems may be operated --
``(A) without any requirement to obtain a
certificate of authorization, certificate of waiver, or
other approval by the Federal Aviation Administration;
``(B) without requiring airman certification under
section 44703 of this title or any rule or regulation
relating to airman certification; and
``(C) without requiring airworthiness certification
under section 44704 of this title or any rule or
regulation relating to aircraft certification.
``(3) Safety standards.--Public actively tethered unmanned
aircraft systems operated within the scope of the guidance
issued pursuant to paragraph (1) shall be exempt from the
requirements of section 44805 of this title.
``(4) Savings provision.--Nothing in this subsection shall
be construed to preclude the Administrator of the Federal
Aviation Administration from issuing new regulations for public
actively tethered unmanned aircraft systems in order to ensure
the safety of the national airspace system.
``(d) Federal Agency Coordination to Enhance the Public Health and
Safety Capabilities of Public Unmanned Aircraft Systems.--The
Administrator shall assist Federal civilian Government agencies that
operate unmanned aircraft systems within civil-controlled airspace, in
operationally deploying and integrating sense and avoid capabilities, as
necessary to operate unmanned aircraft systems safely within the
national airspace system.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448 of title 49, United States Code, as added by this Act, is
further amended by adding at the end the following:
``44806. Public unmanned aircraft systems.''.
(2) Public unmanned aircraft systems.--Section 334 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
and the item relating to that section in the table of contents
under section 1(b) of that Act (126 Stat. 13) are repealed.
(3) Facilitating interagency cooperation.--Section 2204(a)
of the FAA Extension, Safety, and Security Act of 2016 (Public
Law 114-190; 130 Stat. 615) <<NOTE: 49 USC 40101 note.>> is
amended by striking ``section 334(c) of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
``section 44806 of title 49, United States Code''.
[[Page 132 STAT. 3296]]
SEC. 347. SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44807. <<NOTE: 49 USC 44807.>> Special authority for
certain unmanned aircraft systems
``(a) In General.--Notwithstanding any other requirement of this
chapter, the Secretary of Transportation shall use a risk-based approach
to determine if certain unmanned aircraft systems may operate safely in
the national airspace system notwithstanding completion of the
comprehensive plan and rulemaking required by section 44802 or the
guidance required by section 44806.
``(b) Assessment of Unmanned Aircraft Systems.--In making the
determination under subsection (a), the Secretary shall determine, at a
minimum--
``(1) which types of unmanned aircraft systems, if any, as a
result of their size, weight, speed, operational capability,
proximity to airports and populated areas, operation over
people, and operation within or beyond the visual line of sight,
or operation during the day or night, do not create a hazard to
users of the national airspace system or the public; and
``(2) whether a certificate under section 44703 or section
44704 of this title, or a certificate of waiver or certificate
of authorization, is required for the operation of unmanned
aircraft systems identified under paragraph (1) of this
subsection.
``(c) Requirements for Safe Operation.--If the Secretary determines
under this section that certain unmanned aircraft systems may operate
safely in the national airspace system, the Secretary shall establish
requirements for the safe operation of such aircraft systems in the
national airspace system, including operation related to research,
development, and testing of proprietary systems.
``(d) Sunset.--The authority under this section for the Secretary to
determine if certain unmanned aircraft systems may operate safely in the
national airspace system terminates effective September 30, 2023.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as added by this Act, <<NOTE: 49 USC 44801 prec.>> is
further amended by adding at the end the following:
``44807. Special authority for certain unmanned aircraft systems.''.
(2) Special rules for certain unmanned aircraft systems.--
Section 333 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note) and the item relating to that section in the
table of contents under section 1(b) of that Act (126 Stat. 13)
are repealed.
SEC. 348. CARRIAGE OF PROPERTY BY SMALL UNMANNED AIRCRAFT SYSTEMS
FOR COMPENSATION OR HIRE.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
[[Page 132 STAT. 3297]]
``Sec. 44808. <<NOTE: 49 USC 44808.>> Carriage of property by
small unmanned aircraft systems for
compensation or hire
``(a) In General.--Not later than 1 year after the date of enactment
of the FAA Reauthorization Act of 2018, the Administrator of the Federal
Aviation Administration shall update existing regulations to authorize
the carriage of property by operators of small unmanned aircraft systems
for compensation or hire within the United States.
``(b) Contents.--Any rulemaking conducted under subsection (a) shall
provide for the following:
``(1) Use performance-based requirements.
``(2) Consider varying levels of risk to other aircraft and
to persons and property on the ground posed by different
unmanned aircraft systems and their operation and tailor
performance-based requirements to appropriately mitigate risk.
``(3) Consider the unique characteristics of highly
automated, small unmanned aircraft systems.
``(4) Include requirements for the safe operation of small
unmanned aircraft systems that, at a minimum, address--
``(A) airworthiness of small unmanned aircraft
systems;
``(B) qualifications for operators and the type and
nature of the operations;
``(C) operating specifications governing the type
and nature of the unmanned aircraft system air carrier
operations; and
``(D) the views of State, local, and tribal
officials related to potential impacts of the carriage
of property by operators of small unmanned aircraft
systems for compensation or hire within the communities
to be served.
``(5) Small uas.--The Secretary may amend part 298 of title
14, Code of Federal Regulations, to update existing regulations
to establish economic authority for the carriage of property by
small unmanned aircraft systems for compensation or hire. Such
authority shall only require--
``(A) registration with the Department of
Transportation;
``(B) authorization from the Federal Aviation
Administration to conduct operations; and
``(C) compliance with chapters 401, 411, and 417.
``(6) Availability of current certification processes.--
Pending completion of the rulemaking required in subsection (a)
of this section, a person may seek an air carrier operating
certificate and certificate of public convenience and necessity,
or an exemption from such certificate, using existing
processes.''.
(b) Table of Contents.--The table of contents for chapter 448 of
title 49, United States Code, as added by this Act, <<NOTE: 49 USC 44801
prec.>> is further amended by adding at the end the following:
``44808. Carriage of property by small unmanned aircraft systems for
compensation or hire.''.
SEC. 349. EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS OF
UNMANNED AIRCRAFT.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
[[Page 132 STAT. 3298]]
``Sec. 44809. <<NOTE: 49 USC 44809.>> Exception for limited
recreational operations of unmanned aircraft
``(a) In General.--Except as provided in subsection (e), and
notwithstanding chapter 447 of title 49, United States Code, a person
may operate a small unmanned aircraft without specific certification or
operating authority from the Federal Aviation Administration if the
operation adheres to all of the following limitations:
``(1) The aircraft is flown strictly for recreational
purposes.
``(2) The aircraft is operated in accordance with or within
the programming of a community-based organization's set of
safety guidelines that are developed in coordination with the
Federal Aviation Administration.
``(3) The aircraft is flown within the visual line of sight
of the person operating the aircraft or a visual observer co-
located and in direct communication with the operator.
``(4) The aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft.
``(5) In Class B, Class C, or Class D airspace or within the
lateral boundaries of the surface area of Class E airspace
designated for an airport, the operator obtains prior
authorization from the Administrator or designee before
operating and complies with all airspace restrictions and
prohibitions.
``(6) In Class G airspace, the aircraft is flown from the
surface to not more than 400 feet above ground level and
complies with all airspace restrictions and prohibitions.
``(7) The operator has passed an aeronautical knowledge and
safety test described in subsection (g) and maintains proof of
test passage to be made available to the Administrator or law
enforcement upon request.
``(8) The aircraft is registered and marked in accordance
with chapter 441 of this title and proof of registration is made
available to the Administrator or a designee of the
Administrator or law enforcement upon request.
``(b) Other Operations.--Unmanned aircraft operations that do not
conform to the limitations in subsection (a) must comply with all
statutes and regulations generally applicable to unmanned aircraft and
unmanned aircraft systems.
``(c) Operations at Fixed Sites.--
``(1) Operating procedure required.--Persons operating
unmanned aircraft under subsection (a) from a fixed site within
Class B, Class C, or Class D airspace or within the lateral
boundaries of the surface area of Class E airspace designated
for an airport, or a community-based organization conducting a
sanctioned event within such airspace, shall make the location
of the fixed site known to the Administrator and shall establish
a mutually agreed upon operating procedure with the air traffic
control facility.
``(2) Unmanned aircraft weighing more than 55 pounds.--A
person may operate an unmanned aircraft weighing more than 55
pounds, including the weight of anything attached to or carried
by the aircraft, under subsection (a) if--
``(A) the unmanned aircraft complies with standards
and limitations developed by a community-based
organization and approved by the Administrator; and
[[Page 132 STAT. 3299]]
``(B) the aircraft is operated from a fixed site as
described in paragraph (1).
``(d) Updates.--
``(1) In general.--The Administrator, in consultation with
government, stakeholders, and community-based organizations,
shall initiate a process to periodically update the operational
parameters under subsection (a), as appropriate.
``(2) Considerations.--In updating an operational parameter
under paragraph (1), the Administrator shall consider--
``(A) appropriate operational limitations to
mitigate risks to aviation safety and national security,
including risk to the uninvolved public and critical
infrastructure;
``(B) operations outside the membership, guidelines,
and programming of a community-based organization;
``(C) physical characteristics, technical standards,
and classes of aircraft operating under this section;
``(D) trends in use, enforcement, or incidents
involving unmanned aircraft systems;
``(E) ensuring, to the greatest extent practicable,
that updates to the operational parameters correspond
to, and leverage, advances in technology; and
``(F) equipage requirements that facilitate safe,
efficient, and secure operations and further integrate
all unmanned aircraft into the national airspace system.
``(3) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require a person operating an unmanned aircraft under this
section to seek permissive authority of the Administrator,
beyond that required in subsection (a) of this section, prior to
operation in the national airspace system.
``(e) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue an
enforcement action against a person operating any unmanned aircraft who
endangers the safety of the national airspace system.
``(f) Exceptions.--Nothing in this section prohibits the
Administrator from promulgating rules generally applicable to unmanned
aircraft, including those unmanned aircraft eligible for the exception
set forth in this section, relating to--
``(1) updates to the operational parameters for unmanned
aircraft in subsection (a);
``(2) the registration and marking of unmanned aircraft;
``(3) the standards for remotely identifying owners and
operators of unmanned aircraft systems and associated unmanned
aircraft; and
``(4) other standards consistent with maintaining the safety
and security of the national airspace system.
``(g) Aeronautical Knowledge and Safety Test.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Administrator, in consultation
with manufacturers of unmanned aircraft systems, other industry
stakeholders, and community-based organizations, shall develop
an aeronautical knowledge and safety test, which can then be
administered electronically by the Administrator, a community-
based organization, or a person designated by the Administrator.
[[Page 132 STAT. 3300]]
``(2) Requirements.--The Administrator shall ensure the
aeronautical knowledge and safety test is designed to adequately
demonstrate an operator's--
``(A) understanding of aeronautical safety
knowledge; and
``(B) knowledge of Federal Aviation Administration
regulations and requirements pertaining to the operation
of an unmanned aircraft system in the national airspace
system.
``(h) Community-based Organization Defined.--In this section, the
term `community-based organization' means a membership-based association
entity that--
``(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986;
``(2) is exempt from tax under section 501(a) of the
Internal Revenue Code of 1986;
``(3) the mission of which is demonstrably the furtherance
of model aviation;
``(4) provides a comprehensive set of safety guidelines for
all aspects of model aviation addressing the assembly and
operation of model aircraft and that emphasize safe
aeromodelling operations within the national airspace system and
the protection and safety of individuals and property on the
ground, and may provide a comprehensive set of safety rules and
programming for the operation of unmanned aircraft that have the
advanced flight capabilities enabling active, sustained, and
controlled navigation of the aircraft beyond visual line of
sight of the operator;
``(5) provides programming and support for any local charter
organizations, affiliates, or clubs; and
``(6) provides assistance and support in the development and
operation of locally designated model aircraft flying sites.
``(i) Recognition of Community-based Organizations.--In
collaboration with aeromodelling stakeholders, the Administrator shall
publish an advisory circular within 180 days of the date of enactment of
this section that identifies the criteria and process required for
recognition of community-based organizations.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448 of title 49, United States Code, as added <<NOTE: 49 USC
44801 prec.>> by this Act, is further amended by adding at the
end the following:
``44809. Exception for limited recreational operations of unmanned
aircraft.''.
(2) Repeal.--Section 336 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note) and the item relating to that
section in the table of contents under section 1(b) of that Act
are repealed.
SEC. 350. <<NOTE: 49 USC 44809 note.>> USE OF UNMANNED AIRCRAFT
SYSTEMS AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Educational and Research Purposes.--For the purposes of section
44809 of title 49, United States Code, as added by this Act, a
``recreational purpose'' as distinguished in subsection (a)(1) of such
section shall include an unmanned aircraft system operated by an
institution of higher education for educational or research purposes.
[[Page 132 STAT. 3301]]
(b) Updates.--In updating an operational parameter under subsection
(d)(1) of such section for unmanned aircraft systems operated by an
institution of higher education for educational or research purposes,
the Administrator shall consider--
(1) use of small unmanned aircraft systems and operations at
an accredited institution of higher education, for educational
or research purposes, as a component of the institution's
curricula or research;
(2) the development of streamlined, risk-based operational
approval for unmanned aircraft systems operated by institutions
of higher education; and
(3) the airspace and aircraft operators that may be affected
by such operations at the institution of higher education.
(c) Deadline for Establishment of Procedures and Standards.--Not
later than 270 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration may establish
regulations, procedures, and standards, as necessary, to facilitate the
safe operation of unmanned aircraft systems operated by institutions of
higher education for educational or research purposes.
(d) Definitions.--In this section:
(1) Institution of higher education.--The term ``institution
of higher education'' has the meaning given to that term by
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(2) Educational or research purposes.--The term ``education
or research purposes'', with respect to the operation of an
unmanned aircraft system by an institution of higher education,
includes--
(A) instruction of students at the institution;
(B) academic or research related uses of unmanned
aircraft systems that have been approved by the
institution, including Federal research;
(C) activities undertaken by the institution as part
of research projects, including research projects
sponsored by the Federal Government; and
(D) other academic activities approved by the
institution.
(e) Statutory Construction.--
(1) Enforcement.--Nothing in this section shall be construed
to limit the authority of the Administrator to pursue an
enforcement action against a person operating any unmanned
aircraft who endangers the safety of the national airspace
system.
(2) Regulations and standards.--Nothing in this section
prohibits the Administrator from promulgating any rules or
standards consistent with maintaining the safety and security of
the national airspace system.
SEC. 351. <<NOTE: 49 USC 44802 note.>> UNMANNED AIRCRAFT SYSTEMS
INTEGRATION PILOT PROGRAM.
(a) Authority.--The Secretary of Transportation may establish a
pilot program to enable enhanced drone operations as required in the
October 25, 2017 Presidential Memorandum entitled ``Unmanned Aircraft
Systems Integration Pilot Program'' and described in 82 Federal Register
50301.
[[Page 132 STAT. 3302]]
(b) Applications.--The Secretary shall accept applications from
State, local, and Tribal governments, in partnership with unmanned
aircraft system operators and other private-sector stakeholders, to test
and evaluate the integration of civil and public UAS operations into the
low-altitude national airspace system.
(c) Objectives.--The purpose of the pilot program is to accelerate
existing UAS integration plans by working to solve technical,
regulatory, and policy challenges, while enabling advanced UAS
operations in select areas subject to ongoing safety oversight and
cooperation between the Federal Government and applicable State, local,
or Tribal jurisdictions, in order to--
(1) accelerate the safe integration of UAS into the NAS by
testing and validating new concepts of beyond visual line of
sight operations in a controlled environment, focusing on detect
and avoid technologies, command and control links, navigation,
weather, and human factors;
(2) address ongoing concerns regarding the potential
security and safety risks associated with UAS operating in close
proximity to human beings and critical infrastructure by
ensuring that operators communicate more effectively with
Federal, State, local, and Tribal law enforcement to enable law
enforcement to determine if a UAS operation poses such a risk;
(3) promote innovation in and development of the United
States unmanned aviation industry, especially in sectors such as
agriculture, emergency management, inspection, and
transportation safety, in which there are significant public
benefits to be gained from the deployment of UAS; and
(4) identify the most effective models of balancing local
and national interests in UAS integration.
(d) Application Submission.--The Secretary shall establish
application requirements and require applicants to include the following
information:
(1) Identification of the airspace to be used, including
shape files and altitudes.
(2) Description of the types of planned operations.
(3) Identification of stakeholder partners to test and
evaluate planned operations.
(4) Identification of available infrastructure to support
planned operations.
(5) Description of experience with UAS operations and
regulations.
(6) Description of existing UAS operator and any other
stakeholder partnerships and experience.
(7) Description of plans to address safety, security,
competition, privacy concerns, and community outreach.
(e) Monitoring and Enforcement of Limitations.--
(1) In general.--Monitoring and enforcement of any
limitations enacted pursuant to this pilot project shall be the
responsibility of the jurisdiction.
(2) Savings provision.--Nothing in paragraph (1) may be
construed to prevent the Secretary from enforcing Federal law.
(3) Examples of limitations.--Limitations under this section
may include--
[[Page 132 STAT. 3303]]
(A) prohibiting flight during specified morning and
evening rush hours or only permitting flight during
specified hours such as daylight hours, sufficient to
ensure reasonable airspace access;
(B) establishing designated take-off and landing
zones, limiting operations over moving locations or
fixed site public road and parks, sidewalks or private
property based on zoning density, or other land use
considerations;
(C) requiring notice to public safety or zoning or
land use authorities before operating; and
(D) prohibiting operations in connection with
community or sporting events that do not remain in one
place (for example, parades and running events).
(f) Selection Criteria.--In making determinations, the Secretary
shall evaluate whether applications meet or exceed the following
criteria:
(1) Overall economic, geographic, and climatic diversity of
the selected jurisdictions.
(2) Overall diversity of the proposed models of government
involvement.
(3) Overall diversity of the UAS operations to be conducted.
(4) The location of critical infrastructure.
(5) The involvement of commercial entities in the proposal
and their ability to advance objectives that may serve the
public interest as a result of further integration of UAS into
the NAS.
(6) The involvement of affected communities in, and their
support for, participating in the pilot program.
(7) The commitment of the governments and UAS operators
involved in the proposal to comply with requirements related to
national defense, homeland security, and public safety and to
address competition, privacy, and civil liberties concerns.
(8) The commitment of the governments and UAS operators
involved in the proposal to achieve the following policy
objectives:
(A) Promoting innovation and economic development.
(B) Enhancing transportation safety.
(C) Enhancing workplace safety.
(D) Improving emergency response and search and
rescue functions.
(E) Using radio spectrum efficiently and
competitively.
(g) Implementation.--The Secretary shall use the data collected and
experience gained over the course of this pilot program to--
(1) identify and resolve technical challenges to UAS
integration;
(2) address airspace use to safely and efficiently integrate
all aircraft;
(3) inform operational standards and procedures to improve
safety (for example, detect and avoid capabilities, navigation
and altitude performance, and command and control link);
(4) inform FAA standards that reduce the need for waivers
(for example, for operations over human beings, night
operations, and beyond visual line of sight); and
(5) address competing interests regarding UAS operational
expansion, safety, security, roles and responsibilities of non-
Federal Government entities, and privacy issues.
[[Page 132 STAT. 3304]]
(h) Notification.--Prior to initiating any additional rounds of
agreements with State, local, or Tribal governments as part of the pilot
program established under subsection (a), the Secretary shall notify the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations in the Senate.
(i) Sunset.--The pilot program established under subsection (a)
shall terminate 3 years after the date on which the memorandum
referenced in subsection (a) is signed by the President.
(j) Savings Clause.--Nothing in this section shall affect any
proposals, selections, imposition of conditions, operations, or other
decisions made--
(1) under the pilot program developed by the Secretary of
Transportation pursuant to the Presidential memorandum titled
``Unmanned Aircraft Systems Integration Pilot Program'', as
published in the Federal Register on October 30, 2017 (82 Fed.
Reg. 50301); and
(2) prior to the date of enactment of this Act.
(k) Definitions.--In this section:
(1) The term ``Lead Applicant'' means an eligible State,
local or Tribal government that has submitted a timely
application.
(2) The term ``NAS'' means the low-altitude national
airspace system.
(3) The term ``UAS'' means unmanned aircraft system.
SEC. 352. PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVEMENTS.
(a) Transparency.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall publish on the FAA
website a representative sample of the safety justifications, offered by
applicants for small unmanned aircraft system waivers and airspace
authorizations, that have been approved by the Administration for each
regulation waived or class of airspace authorized, except that any
published justification shall not reveal proprietary or commercially
sensitive information.
(b) Technology Improvements.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall revise the online
waiver and certificates of authorization processes--
(1) to provide real time confirmation that an application
filed online has been received by the Administration; and
(2) to provide an applicant with an opportunity to review
the status of the applicant's application.
SEC. 353. <<NOTE: 49 USC 44802 note.>> EMERGENCY EXEMPTION
PROCESS.
(a) Sense of Congress.--It is the sense of Congress that the use of
unmanned aircraft systems by civil and public operators--
(1) is an increasingly important tool in response to a
catastrophe, disaster, or other emergency;
(2) helps facilitate emergency response operations, such as
firefighting and search and rescue; and
(3) helps facilitate post-catastrophic response operations,
such as utility and infrastructure restoration efforts and the
safe and prompt processing, adjustment, and payment of insurance
claims.
(b) Updates.--The Administrator shall, as necessary, update and
improve the Special Government Interest process described
[[Page 132 STAT. 3305]]
in chapter 7 of Federal Aviation Administration Order JO 7200.23A to
ensure that civil and public operators, including local law enforcement
agencies and first responders, continue to use unmanned aircraft system
operations quickly and efficiently in response to a catastrophe,
disaster, or other emergency.
(c) Best Practices.--The Administrator shall develop best practices
for the use of unmanned aircraft systems by States and localities to
respond to a catastrophe, disaster, or other emergency response and
recovery operation.
SEC. 354. <<NOTE: 49 USC 44802 note.>> TREATMENT OF UNMANNED
AIRCRAFT OPERATING UNDERGROUND.
An unmanned aircraft system that is operated underground for mining
purposes shall not be subject to regulation or enforcement by the FAA
under title 49, United States Code.
SEC. 355. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.
(a) Public UAS Operations by Tribal Governments.--Section
40102(a)(41) of title 49, United States Code, is amended by adding at
the end the following:
``(F) An unmanned aircraft that is owned and
operated by, or exclusively leased for at least 90
continuous days by, an Indian Tribal government, as
defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122), except as provided in section 40125(b).''.
(b) Conforming Amendment.--Section 40125(b) of title 49, United
States Code, is amended by striking ``or (D)'' and inserting ``(D), or
(F)''.
SEC. 356. AUTHORIZATION OF APPROPRIATIONS FOR KNOW BEFORE YOU FLY
CAMPAIGN.
There are authorized to be appropriated to the Administrator of the
Federal Aviation Administration $1,000,000 for each of fiscal years 2019
through 2023, out of funds made available under section 106(k), for the
Know Before You Fly educational campaign or similar public informational
efforts intended to broaden unmanned aircraft systems safety awareness.
SEC. 357. <<NOTE: 49 USC 44801 note.>> UNMANNED AIRCRAFT SYSTEMS
PRIVACY POLICY.
It is the policy of the United States that the operation of any
unmanned aircraft or unmanned aircraft system shall be carried out in a
manner that respects and protects personal privacy consistent with the
United States Constitution and Federal, State, and local law.
SEC. 358. UAS PRIVACY REVIEW.
(a) Review.--The Comptroller General of the United States, in
consideration of relevant efforts led by the National Telecommunications
and Information Administration, shall carry out a review of the privacy
issues and concerns associated with the operation of unmanned aircraft
systems in the national airspace system.
(b) Consultation.--In carrying out the review, the Comptroller
General shall--
(1) consult with the Department of Transportation and the
National Telecommunications and Information Administration of
the Department of Commerce on its ongoing efforts
[[Page 132 STAT. 3306]]
responsive to the Presidential memorandum titled ``Promoting
Economic Competitiveness While Safeguarding Privacy, Civil
Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft
Systems'' and dated February 15, 2015;
(2) examine and identify the existing Federal, State, or
relevant local laws that address an individual's personal
privacy;
(3) identify specific issues and concerns that may limit the
availability of civil or criminal legal remedies regarding
inappropriate operation of unmanned aircraft systems in the
national airspace system;
(4) identify any deficiencies in Federal, State, or local
privacy protections; and
(5) provide recommendations to address any limitations and
deficiencies identified in paragraphs (3) and (4).
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report on the results of the review required under subsection
(a).
SEC. 359. STUDY ON FIRE DEPARTMENT AND EMERGENCY SERVICE AGENCY
USE OF UNMANNED AIRCRAFT SYSTEMS.
(a) Study.--
(1) In general.--The Administrator shall conduct a study on
the use of unmanned aircraft systems by fire departments and
emergency service agencies. Such study shall include an analysis
of--
(A) how fire departments and emergency service
agencies currently use unmanned aircraft systems;
(B) obstacles to greater use of unmanned aircraft
systems by fire departments and emergency service
agencies;
(C) the best way to provide outreach to support
greater use of unmanned aircraft systems by fire
departments and emergency service agencies;
(D) laws or regulations that present barriers to
career, combination, and volunteer fire departments'
ability to use unmanned aircraft systems;
(E) training and certifications required for the use
of unmanned aircraft systems by fire departments and
emergency service agencies;
(F) airspace limitations and concerns in the use of
unmanned aircraft systems by fire departments and
emergency service agencies;
(G) roles of unmanned aircraft systems in the
provision of fire and emergency services;
(H) technological challenges to greater adoption of
unmanned aircraft systems by fire departments and
emergency service agencies; and
(I) other issues determined appropriate by the
Administrator.
(2) Consultation.--In conducting the study under paragraph
(1), the Administrator shall consult with national fire and
emergency service organizations.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the study conducted under
[[Page 132 STAT. 3307]]
subsection (a), including the Administrator's findings, conclusions, and
recommendations.
SEC. 360. STUDY ON FINANCING OF UNMANNED AIRCRAFT SERVICES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
a study on appropriate fee mechanisms to recover the costs of--
(1) the regulation and safety oversight of unmanned aircraft
and unmanned aircraft systems; and
(2) the provision of air navigation services to unmanned
aircraft and unmanned aircraft systems.
(b) Considerations.--In carrying out the study, the Comptroller
General shall consider, at a minimum--
(1) any recommendations of Task Group 3 of the Drone
Advisory Committee chartered by the Federal Aviation
Administration on August 31, 2016;
(2) the total annual costs incurred by the Federal Aviation
Administration for the regulation and safety oversight of
activities related to unmanned aircraft;
(3) the annual costs attributable to various types, classes,
and categories of unmanned aircraft activities;
(4) air traffic services provided to unmanned aircraft
operating under instrument flight rules, excluding public
aircraft;
(5) the number of full-time Federal Aviation Administration
employees dedicated to unmanned aircraft programs;
(6) the use of privately operated UTM and other privately
operated unmanned aircraft systems;
(7) the projected growth of unmanned aircraft operations for
various applications and the estimated need for regulation,
oversight, and other services;
(8) the number of small businesses involved in the various
sectors of the unmanned aircraft industry and operating as
primary users of unmanned aircraft; and
(9) any best practices or policies utilized by jurisdictions
outside the United States relating to partial or total recovery
of regulation and safety oversight costs related to unmanned
aircraft and other emergent technologies.
(c) Report to Congress.--Not later than 180 days after initiating
the study, the Comptroller General shall submit to the appropriate
committees of Congress a report containing recommendations on
appropriate fee mechanisms to recover the costs of regulating and
providing air navigation services to unmanned aircraft and unmanned
aircraft systems.
SEC. 361. REPORT ON UAS AND CHEMICAL AERIAL APPLICATION.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
report evaluating which aviation safety requirements under part 137 of
title 14, Code of Federal Regulations, should apply to unmanned aircraft
system operations engaged in aerial spraying of chemicals for
agricultural purposes.
SEC. 362. SENSE OF CONGRESS REGARDING UNMANNED AIRCRAFT SAFETY.
It is the sense of Congress that--
(1) the unauthorized operation of unmanned aircraft near
airports presents a serious hazard to aviation safety;
[[Page 132 STAT. 3308]]
(2) a collision between an unmanned aircraft and a
conventional aircraft in flight could jeopardize the safety of
persons aboard the aircraft and on the ground;
(3) Federal aviation regulations, including sections 91.126
through 91.131 of title 14, Code of Federal Regulations,
prohibit unauthorized operation of an aircraft in controlled
airspace near an airport;
(4) Federal aviation regulations, including section 91.13 of
title 14, Code of Federal Regulations, prohibit the operation of
an aircraft in a careless or reckless manner so as to endanger
the life or property of another;
(5) the Administrator should pursue all available civil and
administrative remedies available to the Administrator,
including referrals to other government agencies for criminal
investigations, with respect to persons who operate unmanned
aircraft in an unauthorized manner;
(6) the Administrator should--
(A) place particular priority in continuing
measures, including partnering with nongovernmental
organizations and State and local agencies, to educate
the public about the dangers to public safety of
operating unmanned aircraft over areas that have
temporary flight restrictions in place, for purposes
such as wildfires, without appropriate authorization;
and
(B) partner with State and local agencies to
effectively enforce relevant laws so that unmanned
aircrafts do not interfere with the efforts of emergency
responders;
(7) the Administrator should place particular priority on
continuing measures, including partnerships with nongovernmental
organizations, to educate the public about the dangers to the
public safety of operating unmanned aircraft near airports
without the appropriate approvals or authorizations; and
(8) manufacturers and retail sellers of small unmanned
aircraft systems should take steps to educate consumers about
the safe and lawful operation of such systems.
SEC. 363. <<NOTE: 49 USC 44802 note.>> PROHIBITION REGARDING
WEAPONS.
(a) In General.--Unless authorized by the Administrator, a person
may not operate an unmanned aircraft or unmanned aircraft system that is
equipped or armed with a dangerous weapon.
(b) Dangerous Weapon Defined.--In this section, the term ``dangerous
weapon'' has the meaning given that term in section 930(g)(2) of title
18, United States Code.
(c) Penalty.--A person who violates this section is liable to the
United States Government for a civil penalty of not more than $25,000
for each violation.
SEC. 364. U.S. COUNTER-UAS SYSTEM REVIEW OF INTERAGENCY
COORDINATION PROCESSES.
(a) In General.--Not later than 60 days after that date of enactment
of this Act, the Administrator, in consultation with government agencies
currently authorized to operate Counter-Unmanned Aircraft System (C-UAS)
systems within the United States (including the territories and
possessions of the United States), shall initiate a review of the
following:
(1) The process the Administration is using for interagency
coordination of C-UAS activity pursuant to a relevant Federal
[[Page 132 STAT. 3309]]
statute authorizing such activity within the United States
(including the territories and possessions of the United
States).
(2) The standards the Administration is utilizing for
operation of a C-UAS systems pursuant to a relevant Federal
statute authorizing such activity within the United States
(including the territories and possessions of the United
States), including whether the following criteria are being
taken into consideration in the development of the standards:
(A) Safety of the national airspace.
(B) Protecting individuals and property on the
ground.
(C) Non-interference with avionics of manned
aircraft, and unmanned aircraft, operating legally in
the national airspace.
(D) Non-interference with air traffic control
systems.
(E) Adequate coordination procedures and protocols
with the Federal Aviation Administration during the
operation of C-UAS systems.
(F) Adequate training for personnel operating C-UAS
systems.
(G) Assessment of the efficiency and effectiveness
of the coordination and review processes to ensure
national airspace safety while minimizing bureaucracy.
(H) Best practices for the consistent operation of
C-UAS systems to the maximum extent practicable.
(I) Current airspace authorization information
shared by automated approval processes for airspace
authorizations, such as the Low Altitude Authorization
and Notification Capability.
(J) Such other matters the Administrator considers
necessary for the safe and lawful operation of C-UAS
systems.
(3) Similar interagency coordination processes already used
for other matters that may be used as a model for improving the
interagency coordination for the usage of C-UAS systems.
(b) Report.--Not later than 180 days after the date upon which the
review in subsection (a) is initiated, the Administrator shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Armed Services of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation in the Senate, and the Committee on Armed Services of the
Senate, a report on the Administration's activities related to C-UAS
systems, including--
(1) any coordination with Federal agencies and States,
subdivisions and States, political authorities of at least 2
States that operate C-UAS systems;
(2) an assessment of the standards being utilized for the
operation of a counter-UAS systems within the United States
(including the territories and possessions of the United
States);
(3) an assessment of the efficiency and effectiveness of the
interagency coordination and review processes to ensure national
airspace safety while minimizing bureaucracy; and
(4) a review of any additional authorities needed by the
Federal Aviation Administration to effectively oversee the
management of C-UAS systems within the United States (including
the territories and possessions of the United States).
[[Page 132 STAT. 3310]]
SEC. 365. <<NOTE: 49 USC 44810 note.>> COOPERATION RELATED TO
CERTAIN COUNTER-UAS TECHNOLOGY.
In matters relating to the use of systems in the national airspace
system intended to mitigate threats posed by errant or hostile unmanned
aircraft system operations, the Secretary of Transportation shall
consult with the Secretary of Defense to streamline deployment of such
systems by drawing upon the expertise and experience of the Department
of Defense in acquiring and operating such systems consistent with the
safe and efficient operation of the national airspace system.
SEC. 366. <<NOTE: 49 USC 44801 note.>> STRATEGY FOR RESPONDING TO
PUBLIC SAFETY THREATS AND ENFORCEMENT
UTILITY OF UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall develop a comprehensive strategy to provide outreach to State and
local governments and provide guidance for local law enforcement
agencies and first responders with respect to--
(1) how to identify and respond to public safety threats
posed by unmanned aircraft systems; and
(2) how to identify and take advantage of opportunities to
use unmanned aircraft systems to enhance the effectiveness of
local law enforcement agencies and first responders.
(b) Resources.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall establish a publicly available
Internet website that contains resources for State and local law
enforcement agencies and first responders seeking--
(1) to respond to public safety threats posed by unmanned
aircraft systems; and
(2) to identify and take advantage of opportunities to use
unmanned aircraft systems to enhance the effectiveness of local
law enforcement agencies and public safety response efforts.
(c) Unmanned Aircraft System Defined.--In this section, the term
``unmanned aircraft system'' has the meaning given that term in section
44801 of title 49, United States Code, as added by this Act.
SEC. 367. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION
OCCUPATIONS RELATING TO UNMANNED AIRCRAFT
INTO VETERANS EMPLOYMENT PROGRAMS OF THE
ADMINISTRATION.
Not later than 180 days after the date of the enactment of this Act,
the Administrator of the Federal Aviation Administration, in
consultation with the Secretary of Veterans Affairs, the Secretary of
Defense, and the Secretary of Labor, shall determine whether occupations
of the Administration relating to unmanned aircraft systems technology
and regulations can be incorporated into the Veterans' Employment
Program of the Administration, particularly in the interaction between
such program and the New Sights Work Experience Program and the Vet-Link
Cooperative Education Program.
SEC. 368. <<NOTE: 49 USC 44806 note.>> PUBLIC UAS ACCESS TO
SPECIAL USE AIRSPACE.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall issue guidance for the expedited and
timely access to special use airspace for public unmanned aircraft
systems in order to assist Federal, State, local,
[[Page 132 STAT. 3311]]
or tribal law enforcement organizations in conducting law enforcement,
emergency response, or for other activities.
SEC. 369. <<NOTE: 49 USC 40101 note.>> APPLICATIONS FOR
DESIGNATION.
Section 2209 of the FAA Extension, Safety, and Security Act of 2016
(Public Law 114-190; 130 Stat. 615) is amended--
(1) in subsection (b)(1)(C)(i), by striking ``and
distribution facilities and equipment'' and inserting
``distribution facilities and equipment, and railroad
facilities''; and
(2) by adding at the end the following:
``(e) Deadlines.--
``(1) Not later than March 31, 2019, the Administrator shall
publish a notice of proposed rulemaking to carry out the
requirements of this section.
``(2) Not later than 12 months after publishing the notice
of proposed rulemaking under paragraph (1), the Administrator
shall issue a final rule.''.
SEC. 370. SENSE OF CONGRESS ON ADDITIONAL RULEMAKING AUTHORITY.
It is the sense of Congress that--
(1) beyond visual line of sight operations, nighttime
operations, and operations over people of unmanned aircraft
systems have tremendous potential--
(A) to enhance both commercial and academic use;
(B) to spur economic growth and development through
innovative applications of this emerging technology; and
(C) to improve emergency response efforts as it
relates to assessing damage to critical infrastructure
such as roads, bridges, and utilities, including water
and power, ultimately speeding response time;
(2) advancements in miniaturization of safety technologies,
including for aircraft weighing under 4.4 pounds, have increased
economic opportunities for using unmanned aircraft systems while
reducing kinetic energy and risk compared to unmanned aircraft
that may weigh 4.4 pounds or more, but less than 55 pounds;
(3) advancements in unmanned technology will have the
capacity to ultimately improve manned aircraft safety; and
(4) integrating unmanned aircraft systems safely into the
national airspace, including beyond visual line of sight
operations, nighttime operations on a routine basis, and
operations over people should remain a top priority for the
Federal Aviation Administration as it pursues additional
rulemakings under the amendments made by this section.
SEC. 371. ASSESSMENT OF AIRCRAFT REGISTRATION FOR SMALL UNMANNED
AIRCRAFT.
(a) Evaluation.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall enter into an
agreement with the National Academy of Public Administration, to
estimate and assess compliance with and the effectiveness of the
registration of small unmanned aircraft systems by the Federal Aviation
Administration pursuant to the interim final rule issued on December 16,
2015, titled ``Registration and Marking Requirements for Small Unmanned
Aircraft'' (80 Fed. Reg. 78593).
[[Page 132 STAT. 3312]]
(b) Metrics.--Upon receiving the assessment, the Secretary shall, to
the extent practicable, develop metrics to measure compliance with the
interim final rule described in subsection (a), and any subsequent final
rule, including metrics with respect to--
(1) the levels of compliance with the interim final rule and
any subsequent final rule;
(2) the number of enforcement actions taken by the
Administration for violations of or noncompliance with the
interim final rule and any subsequent final rule, together with
a description of the actions; and
(3) the effect of the interim final rule and any subsequent
final rule on compliance with any fees associated with the use
of small unmanned aircraft systems.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the to the appropriate
committees of Congress a report containing--
(1) the results of the assessment required under subsection
(a);
(2) the metrics required under subsection (b) and how the
Secretary will track these metrics; and
(3) recommendations to Congress for improvements to the
registration process for small unmanned aircraft, if necessary.
SEC. 372. <<NOTE: 49 USC 44810 note.>> ENFORCEMENT.
(a) UAS Safety Enforcement.--The Administrator of the Federal
Aviation Administration shall establish a pilot program to utilize
available remote detection or identification technologies for safety
oversight, including enforcement actions against operators of unmanned
aircraft systems that are not in compliance with applicable Federal
aviation laws, including regulations.
(b) Reporting.--As part of the pilot program, the Administrator
shall establish and publicize a mechanism for the public and Federal,
State, and local law enforcement to report suspected operation of
unmanned aircraft in violation of applicable Federal laws and
regulations.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of the FAA Reauthorization Act of 2018, and annually
thereafter through the duration of the pilot program established in
subsection (a), the Administrator shall submit to the appropriate
committees of Congress a report on the following:
(1) The number of unauthorized unmanned aircraft operations
detected in restricted airspace, including in and around
airports, together with a description of such operations.
(2) The number of enforcement cases brought by the Federal
Aviation Administration or other Federal agencies for
unauthorized operation of unmanned aircraft detected through the
program, together with a description of such cases.
(3) Recommendations for safety and operational standards for
unmanned aircraft detection and mitigation systems.
(4) Recommendations for any legislative or regulatory
changes related to mitigation or detection or identification of
unmanned aircraft systems.
(d) Sunset.--The pilot program established in subsection (a) shall
terminate on September 30, 2023.
(e) Civil Penalties.--Section 46301 of title 49, United States Code,
is amended--
[[Page 132 STAT. 3313]]
(1) in subsection (a)(1)(A), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717 and 44719-44723),'';
(2) in subsection (a)(5)(A)(i), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717-44723),'';
(3) in subsection (d)(2), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717 and 44719-44723),'';
and
(4) in subsection (f)(1)(A)(i), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717 and 44719-
44723),''.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue an
enforcement action for a violation of this subtitle or any other
applicable provision of aviation safety law or regulation using remote
detection or identification or other technology following the sunset of
the pilot program.
SEC. 373. FEDERAL AND LOCAL AUTHORITIES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a study on the relative roles of the Federal
Government, State, local and Tribal governments in the
regulation and oversight of low-altitude operations of unmanned
aircraft systems in the national airspace system; and
(2) submit to the appropriate committees of Congress a
report on the study, including the Comptroller General's
findings and conclusions.
(b) Contents.--The study under subsection (a) shall review the
following:
(1) The current state of the law with respect to Federal
authority over low-altitude operations of unmanned aircraft
systems in the national airspace system.
(2) The current state of the law with respect to State,
local, and Tribal authority over low-altitude operations of
unmanned aircraft systems in the national airspace system.
(3) Potential gaps between authorities under paragraphs (1)
and (2).
(4) The degree of regulatory consistency required among the
Federal Government, State governments, local governments, and
Tribal governments for the safe and financially viable growth
and development of the unmanned aircraft industry.
(5) The interests of Federal, State, local, and Tribal
governments affected by low-altitude operations of unmanned
aircraft systems and the authorities of those governments to
protect such interests.
(6) The infrastructure requirements necessary for monitoring
the low-altitude operations of small unmanned aircraft and
enforcing applicable laws.
SEC. 374. SPECTRUM.
(a) Report.--Not later than 270 days after the date of enactment of
this Act, and after consultation with relevant stakeholders, the
Administrator of the Federal Aviation Administration, the National
Telecommunications and Information Administration, and the Federal
Communications Commission, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House
[[Page 132 STAT. 3314]]
of Representatives, and the Committee on Energy and Commerce of the
House of Representatives a report--
(1) on whether unmanned aircraft systems operations should
be permitted, but not required, to operate on spectrum that was
recommended for allocation for AM(R)S and control links for UAS
by the World Radio Conferences in 2007 (L-band, 960-1164 MHz)
and 2012 (C-band, 5030-5091 MHz), on an unlicensed, shared, or
exclusive basis, for operations within the UTM system or outside
of such a system;
(2) that addresses any technological, statutory, regulatory,
and operational barriers to the use of such spectrum; and
(3) that, if it is determined that some spectrum frequencies
are not suitable for beyond-visual-line-of-sight operations by
unmanned aircraft systems, includes recommendations of other
spectrum frequencies that may be appropriate for such
operations.
(b) No Effect on Other Spectrum.--The report required under
subsection (a) does not prohibit or delay use of any licensed spectrum
to satisfy control links, tracking, diagnostics, payload communications,
collision avoidance, and other functions for unmanned aircraft systems
operations.
SEC. 375. <<NOTE: 49 USC 44801 note.>> FEDERAL TRADE COMMISSION
AUTHORITY.
(a) In General.--A violation of a privacy policy by a person that
uses an unmanned aircraft system for compensation or hire, or in the
furtherance of a business enterprise, in the national airspace system
shall be an unfair and deceptive practice in violation of section 5(a)
of the Federal Trade Commission Act (15 U.S.C. 45(a)).
(b) Definitions.--In this section, the terms ``unmanned aircraft''
and ``unmanned aircraft system'' have the meanings given those terms in
section 44801 of title 49, United States Code.
SEC. 376. <<NOTE: 49 USC 44802 note.>> PLAN FOR FULL OPERATIONAL
CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS
TRAFFIC MANAGEMENT.
(a) In General.--In conjunction with completing the requirements of
section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49
U.S.C. 40101 note), subject to subsection (b) of this section, the
Administrator, in coordination with the Administrator of the National
Aeronautics and Space Administration, and in consultation with unmanned
aircraft systems industry stakeholders, shall develop a plan to allow
for the implementation of unmanned aircraft systems traffic management
(UTM) services that expand operations beyond visual line of sight, have
full operational capability, and ensure the safety and security of all
aircraft.
(b) Completion of UTM System Pilot Program.--The Administrator shall
ensure that the UTM system pilot program, as established in section 2208
of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101
note), is conducted to meet the following objectives of a comprehensive
UTM system by the conclusion of the pilot program:
(1) In cooperation with the National Aeronautics and Space
Administration and manned and unmanned aircraft industry
stakeholders, allow testing of unmanned aircraft operations, of
increasing volumes and density, in airspace above test ranges,
as such term is defined in section 44801 of title 49, United
States Code, as well as other sites determined by the
Administrator to be suitable for UTM testing, including those
[[Page 132 STAT. 3315]]
locations selected under the pilot program required in the
October 25, 2017, Presidential Memorandum entitled, ``Unmanned
Aircraft Systems Integration Pilot Program'' and described in 82
Federal Register 50301.
(2) Permit the testing of various remote identification and
tracking technologies evaluated by the Unmanned Aircraft Systems
Identification and Tracking Aviation Rulemaking Committee.
(3) Where the particular operational environment permits,
permit blanket waiver authority to allow any unmanned aircraft
approved by a UTM system pilot program selectee to be operated
under conditions currently requiring a case-by-case waiver under
part 107, title 14, Code of Federal Regulations, provided that
any blanket waiver addresses risks to airborne objects as well
as persons and property on the ground.
(c) Implementation Plan Contents.--The plan required by subsection
(a) shall--
(1) include the development of safety standards to permit,
authorize, or allow the use of UTM services, which may include
the demonstration and validation of such services at the test
ranges, as defined in section 44801 of title 49, United States
Code, or other sites as authorized by the Administrator;
(2) outline the roles and responsibilities of industry and
government in establishing UTM services that allow applicants to
conduct commercial and noncommercial operations, recognizing the
primary private sector role in the development and
implementation of the Low Altitude Authorization and
Notification Capability and future expanded UTM services;
(3) include an assessment of various components required for
necessary risk reduction and mitigation in relation to the use
of UTM services, including--
(A) remote identification of both cooperative and
non-cooperative unmanned aircraft systems in the
national airspace system;
(B) deconfliction of cooperative unmanned aircraft
systems in the national airspace system by such
services;
(C) the manner in which the Federal Aviation
Administration will conduct oversight of UTM systems,
including interfaces between UTM service providers and
air traffic control;
(D) the need for additional technologies to detect
cooperative and non-cooperative aircraft;
(E) collaboration and coordination with air traffic
control, or management services and technologies to
ensure the safety oversight of manned and unmanned
aircraft, including--
(i) the Federal Aviation Administration
responsibilities to collect and disseminate
relevant data to UTM service providers; and
(ii) data exchange protocols to share UAS
operator intent, operational approvals,
operational restraints, and other data necessary
to ensure safety or security of the National
Airspace System;
(F) the potential for UTM services to manage
unmanned aircraft systems carrying either cargo,
payload,
[[Page 132 STAT. 3316]]
or passengers, weighing more than 55 pounds, and
operating at altitudes higher than 400 feet above ground
level; and
(G) cybersecurity protections, data integrity, and
national and homeland security benefits; and
(4) establish a process for--
(A) accepting applications for operation of UTM
services in the national airspace system;
(B) setting the standards for independent private
sector validation and verification that the standards
for UTM services established pursuant to paragraph (1)
enabling operations beyond visual line of sight, have
been met by applicants; and
(C) notifying the applicant, not later than 120 days
after the Administrator receives a complete application,
with a written approval, disapproval, or request to
modify the application.
(d) Safety Standards.--In developing the safety standards in
subsection (c)(1), the Administrator--
(1) shall require that UTM services help ensure the safety
of unmanned aircraft and other aircraft operations that occur
primarily or exclusively in airspace 400 feet above ground level
and below, including operations conducted under a waiver issued
pursuant to subpart D of part 107 of title 14, Code of Federal
Regulations;
(2) shall consider, as appropriate--
(A) protection of persons and property on the
ground;
(B) remote identification and tracking of aircraft;
(C) collision avoidance with respect to obstacles
and non-cooperative aircraft;
(D) deconfliction of cooperative aircraft and
integration of other relevant airspace considerations;
(E) right of way rules, inclusive of UAS operations;
(F) safe and reliable coordination between air
traffic control and other systems operated in the
national airspace system;
(G) detection of non-cooperative aircraft;
(H) geographic and local factors including but not
limited to terrain, buildings and structures;
(I) aircraft equipage; and
(J) qualifications, if any, necessary to operate UTM
services; and
(3) may establish temporary flight restrictions or other
means available such as a certificate of waiver or authorization
(COA) for demonstration and validation of UTM services.
(e) Revocation.--The Administrator may revoke the permission,
authorization, or approval for the operation of UTM services if the
Administrator determines that the services or its operator are no longer
in compliance with applicable safety standards.
(f) Low-risk Areas.--The Administrator shall establish expedited
procedures for approval of UTM services operated in--
(1) airspace away from congested areas; or
(2) other airspace above areas in which operations of
unmanned aircraft pose low risk, as determined by the
Administrator.
(g) Consultation.--In carrying out this section, the Administrator
shall consult with other Federal agencies, as appropriate.
[[Page 132 STAT. 3317]]
(h) Sense of Congress.--It is the sense of Congress that, in
developing the safety standards for UTM services, the Federal Aviation
Administration shall consider ongoing research and development efforts
on UTM services conducted by--
(1) the National Aeronautics and Space Administration in
partnership with industry stakeholders;
(2) the UTM System pilot program required by section 2208 of
the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C.
40101 note); and
(3) the participants in the pilot program required in the
October 25, 2017, Presidential Memorandum entitled, ``Unmanned
Aircraft Systems Integration Pilot Program'' and described in 82
Federal Register 50301.
(i) Deadline.--Not later than 1 year after the date of conclusion of
the UTM pilot program established in section 2208 of the FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 40101 note), the
Administrator shall--
(1) complete the plan required by subsection (a);
(2) submit the plan to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(3) publish the plan on a publicly accessible Internet
website of the Federal Aviation Administration.
SEC. 377. <<NOTE: 49 USC 44802 note.>> EARLY IMPLEMENTATION OF
CERTAIN UTM SERVICES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall, upon request of a UTM
service provider, determine if certain UTM services may operate safely
in the national airspace system before completion of the implementation
plan required by section 376.
(b) Assessment of UTM Services.--In making the determination under
subsection (a), the Administrator shall assess, at a minimum, whether
the proposed UTM services, as a result of their operational
capabilities, reliability, intended use, areas of operation, and the
characteristics of the aircraft involved, will maintain the safety and
efficiency of the national airspace system and address any identified
risks to manned or unmanned aircraft and persons and property on the
ground.
(c) Requirements for Safe Operation.--If the Administrator
determines that certain UTM services may operate safely in the national
airspace system, the Administrator shall establish requirements for
their safe operation in the national airspace system.
(d) Expedited Procedures.--The Administrator shall provide expedited
procedures for making the assessment and determinations under this
section where the UTM services will be provided primarily or exclusively
in airspace above areas in which the operation of unmanned aircraft
poses low risk, including but not limited to croplands and areas other
than congested areas.
(e) Consultation.--In carrying out this section, the Administrator
shall consult with other Federal agencies, as appropriate.
(f) Preexisting UTM Services Approvals.--Nothing in this Act shall
affect or delay approvals, waivers, or exemptions granted by the
Administrator for UTM services already in existence or approved by the
Administrator prior to the date of enactment
[[Page 132 STAT. 3318]]
of this Act, including approvals under the Low Altitude Authorization
and Notification Capability.
SEC. 378. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each person that uses an unmanned aircraft system for
compensation or hire, or in the furtherance of a business
enterprise, except those operated for purposes protected by the
First Amendment of the Constitution, should have a written
privacy policy consistent with section 357 that is appropriate
to the nature and scope of the activities regarding the
collection, use, retention, dissemination, and deletion of any
data collected during the operation of an unmanned aircraft
system;
(2) each privacy policy described in paragraph (1) should be
periodically reviewed and updated as necessary; and
(3) each privacy policy described in paragraph (1) should be
publicly available.
SEC. 379. <<NOTE: 49 USC 44801 note.>> COMMERCIAL AND
GOVERNMENTAL OPERATORS.
(a) In General.--Not later than 270 days after the date of enactment
of this Act, the Administrator shall, to the extent practicable and
consistent with applicable law, make available in a single location on
the website of the Department of Transportation:
(1) Any certificate of waiver or authorization issued by the
Administration to Federal, State, tribal or local governments
for the operation of unmanned aircraft systems within 30 days of
issuance of such certificate of waiver or authorization.
(2) A spreadsheet of UAS registrations, including the city,
state, and zip code of each registered drone owner, on its
website that is updated once per quarter each calendar year.
(3) Summary descriptions and general purposes of public
unmanned aircraft operations, including the locations where such
unmanned aircraft may generally operate.
(4) Summary descriptions of common civil unmanned aircraft
operations.
(5) The expiration date of any authorization of public or
civil unmanned aircraft operations.
(6) Links to websites of State agencies that enforce any
applicable privacy laws.
(7) For any unmanned aircraft system, except with respect to
any operation protected by the First Amendment to the
Constitution of the United States, that will collect personally
identifiable information about individuals, including the use of
facial recognition--
(A) the circumstance under which the system will be
used;
(B) the specific kinds of personally identifiable
information that the system will collect about
individuals; and
(C) how the information referred to in subparagraph
(B), and the conclusions drawn from such information,
will be used, disclosed, and otherwise handled,
including--
(i) how the collection or retention of such
information that is unrelated to the specific use
will be minimized;
(ii) under what circumstances such information
might be sold, leased, or otherwise provided to
third parties;
[[Page 132 STAT. 3319]]
(iii) the period during which such information
will be retained;
(iv) when and how such information, including
information no longer relevant to the specified
use, will be destroyed; and
(v) steps that will be used to protect against
the unauthorized disclosure of any information or
data, such as the use of encryption methods and
other security features.
(8) With respect to public unmanned aircraft systems--
(A) the locations where the unmanned aircraft system
will operate;
(B) the time during which the unmanned aircraft
system will operate;
(C) the general purpose of the flight; and
(D) the technical capabilities that the unmanned
aircraft system possesses.
(b) Exceptions.--The Administrator shall not disclose information
pursuant to subsection (a) if the Administrator determines that the
release of such information--
(1) is not applicable;
(2) is not practicable, including when the information is
not available to the Administrator;
(3) is not in compliance with applicable law;
(4) would compromise national defense, homeland security or
law enforcement activity;
(5) would be withheld pursuant to an exception of the
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); or
(6) is otherwise contrary to the public interest.
(c) Sunset.--This section will cease to be effective on the date
that is the earlier of--
(1) the date of publication of a Notice of Proposed
Rulemaking or guidance regarding remote identification standards
under section 2202 of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 615); or
(2) September 30, 2023.
SEC. 380. <<NOTE: 49 USC 44802 note.>> TRANSITION LANGUAGE.
(a) Regulations.--Notwithstanding the repeals under sections 341,
348, 347, and 383 of this Act, all orders, determinations, rules,
regulations, permits, grants, and contracts, which have been issued
under any law described under subsection (b) of this section before the
effective date of this Act shall continue in effect until modified or
revoked by the Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration, as applicable, by
a court of competent jurisdiction, or by operation of law other than
this Act.
(b) Laws Described.--The laws described under this subsection are as
follows:
(1) Section 332 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(2) Section 333 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(3) Section 334 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
[[Page 132 STAT. 3320]]
(4) Section 2206 of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 615).
(c) Effect on Pending Proceedings.--This Act shall not affect
administrative or judicial proceedings pending on the effective date of
this Act.
SEC. 381. UNMANNED AIRCRAFT SYSTEMS IN RESTRICTED BUILDINGS OR
GROUNDS.
Section 1752 of title 18, United States Code, is amended by adding
after subsection (a)(4) the following:
``(5) knowingly and willfully operates an unmanned aircraft
system with the intent to knowingly and willfully direct or
otherwise cause such unmanned aircraft system to enter or
operate within or above a restricted building or grounds;''.
SEC. 382. PROHIBITION.
(a) Amendment.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 40A. <<NOTE: 18 USC 40A.>> Operation of unauthorized
unmanned aircraft over wildfires
``(a) In General.--Except as provided in subsection (b), an
individual who operates an unmanned aircraft and knowingly or recklessly
interferes with a wildfire suppression, or law enforcement or emergency
response efforts related to a wildfire suppression, shall be fined under
this title, imprisoned for not more than 2 years, or both.
``(b) Exceptions.--This section does not apply to the operation of
an unmanned aircraft conducted by a unit or agency of the United States
Government or of a State, tribal, or local government (including any
individual conducting such operation pursuant to a contract or other
agreement entered into with the unit or agency) for the purpose of
protecting the public safety and welfare, including firefighting, law
enforcement, or emergency response.
``(c) Definitions.--In this section, the following definitions
apply:
``(1) Unmanned aircraft.--The term `unmanned aircraft' has
the meaning given the term in section 44801 of title 49, United
States Code.
``(2) Wildfire.--The term `wildfire' has the meaning given
that term in section 2 of the Emergency Wildfire Suppression Act
(42 U.S.C. 1856m).
``(3) Wildfire suppression.--The term `wildfire suppression'
means an effort to contain, extinguish, or suppress a
wildfire.''.
(b) Conforming Amendment.--The table of sections for chapter 2 of
title 18, United States Code, <<NOTE: 18 USC 31 prec.>> is amended by
inserting after the item relating to section 40 the following:
``40A. Operation of unauthorized unmanned aircraft over wildfires.''.
SEC. 383. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND
ENFORCEMENT.
(a) In General.--Chapter 448 of title 49, United States Code, as
amended by this Act, is further amended by inserting at the end the
following:
[[Page 132 STAT. 3321]]
``Sec. 44810. <<NOTE: 49 USC 44810.>> Airport safety and airspace
hazard mitigation and enforcement
``(a) Coordination.--The Administrator of the Federal Aviation
Administration shall work with the Secretary of Defense, the Secretary
of Homeland Security, and the heads of other relevant Federal
departments and agencies for the purpose of ensuring that technologies
or systems that are developed, tested, or deployed by Federal
departments and agencies to detect and mitigate potential risks posed by
errant or hostile unmanned aircraft system operations do not adversely
impact or interfere with safe airport operations, navigation, air
traffic services, or the safe and efficient operation of the national
airspace system.
``(b) Plan.--
``(1) In general.--The Administrator shall develop a plan
for the certification, permitting, authorizing, or allowing of
the deployment of technologies or systems for the detection and
mitigation of unmanned aircraft systems.
``(2) Contents.--The plan shall provide for the development
of policies, procedures, or protocols that will allow
appropriate officials of the Federal Aviation Administration to
utilize such technologies or systems to take steps to detect and
mitigate potential airspace safety risks posed by unmanned
aircraft system operations.
``(3) Aviation rulemaking committee.--The Administrator
shall charter an aviation rulemaking committee to make
recommendations for such a plan and any standards that the
Administrator determines may need to be developed with respect
to such technologies or systems. The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to an aviation rulemaking
committee chartered under this paragraph.
``(4) Non-delegation.--The plan shall not delegate any
authority granted to the Administrator under this section to
other Federal, State, local, territorial, or tribal agencies, or
an airport sponsor, as defined in section 47102 of title 49,
United States Code.
``(c) Airspace Hazard Mitigation Program.--In order to test and
evaluate technologies or systems that detect and mitigate potential
aviation safety risks posed by unmanned aircraft, the Administrator
shall deploy such technologies or systems at 5 airports, including 1
airport that ranks in the top 10 of the FAA's most recent Passenger
Boarding Data.
``(d) Authority.--Under the testing and evaluation in subsection
(c), the Administrator shall use unmanned aircraft detection and
mitigation systems to detect and mitigate the unauthorized operation of
an unmanned aircraft that poses a risk to aviation safety.
``(e) Aip Funding Eligibility.--Upon the certification, permitting,
authorizing, or allowing of such technologies and systems that have been
successfully tested under this section, an airport sponsor may apply for
a grant under subchapter I of chapter 471 to purchase an unmanned
aircraft detection and mitigation system. For purposes of this
subsection, purchasing an unmanned aircraft detection and mitigation
system shall be considered airport development (as defined in section
47102).
``(f) Briefing.--The Administrator shall annually brief the
appropriate committees of Congress, including the Committee on
[[Page 132 STAT. 3322]]
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate, on the implementation of this section.
``(g) Applicability of Other Laws.--Section 46502 of this title,
section 32 of title 18, United States Code (commonly known as the
Aircraft Sabotage Act), section 1031 of title 18, United States Code
(commonly known as the Computer Fraud and Abuse Act of 1986), sections
2510-2522 of title 18, United States Code (commonly known as the Wiretap
Act), and sections 3121-3127 of title 18, United States Code (commonly
known as the Pen/Trap Statute), shall not apply to activities authorized
by the Administrator pursuant to subsection (c) and (d).
``(h) Sunset.--This section ceases to be effective September 30,
2023.
``(i) Non-delegation.--The Administrator shall not delegate any
authority granted to the Administrator under this section to other
Federal, State, local, territorial, or tribal agencies, or an airport
sponsor, as defined in section 47102 of title 49, United States Code.
The Administrator may partner with other Federal agencies under this
section, subject to any restrictions contained in such agencies'
authority to operate counter unmanned aircraft systems.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by this Act, <<NOTE: 49 USC 44801 prec.>> is
further amended by inserting at the end the following:
``44810. Airport safety and airspace hazard mitigation and
enforcement.''.
(2) Pilot project for airport safety and airspace hazard
mitigation.--Section 2206 of the FAA Extension, Safety, and
Security Act of 2016 (Public Law 114-190; 130 Stat. 615) and the
item relating to that section in the table of contents under
section 1(b) of that Act <<NOTE: 49 USC 40101 note.>> are
repealed.
SEC. 384. UNSAFE OPERATION OF UNMANNED AIRCRAFT.
(a) In General.--Chapter 2 of title 18, United States Code, is
amended by inserting after section 39A the following:
``Sec. 39B. <<NOTE: 18 USC 39B.>> Unsafe operation of unmanned
aircraft
``(a) Offense.--Any person who operates an unmanned aircraft and:
``(1) Knowingly interferes with, or disrupts the operation
of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a manner
that poses an imminent safety hazard to such occupants, shall be
punished as provided in subsection (c).
``(2) Recklessly interferes with, or disrupts the operation
of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a manner
that poses an imminent safety hazard to such occupants, shall be
punished as provided in subsection (c).
``(b) Operation of Unmanned Aircraft in Close Proximity to
Airports.--
``(1) In general.--Any person who, without authorization,
knowingly operates an unmanned aircraft within a runway
exclusion zone shall be punished as provided in subsection (c).
[[Page 132 STAT. 3323]]
``(2) Runway exclusion zone defined.--In this subsection,
the term `runway exclusion zone' means a rectangular area--
``(A) centered on the centerline of an active runway
of an airport immediately around which the airspace is
designated as class B, class C, or class D airspace at
the surface under part 71 of title 14, Code of Federal
Regulations; and
``(B) the length of which extends parallel to the
runway's centerline to points that are 1 statute mile
from each end of the runway and the width of which is
\1/2\ statute mile.
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2), the
punishment for an offense under subsections (a) or (b) shall be
a fine under this title, imprisonment for not more than 1 year,
or both.
``(2) Serious bodily injury or death.--Any person who:
``(A) Causes serious bodily injury or death during
the commission of an offense under subsection (a)(2)
shall be fined under this title, imprisoned for a term
of up to 10 years, or both.
``(B) Causes, or attempts or conspires to cause,
serious bodily injury or death during the commission of
an offense under subsections (a)(1) and (b) shall be
fined under this title, imprisoned for any term of years
or for life, or both.''.
(b) Table of Contents.--The table of contents for chapter 2 of title
18, United States Code, <<NOTE: 18 USC 31 prec.>> is amended by
inserting after the item relating to section 39A the following:
``39B. Unsafe operation of unmanned aircraft.''.
Subtitle C <<NOTE: Fairness for Pilots Act.>> --General Aviation Safety
SEC. 391. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This subtitle may be cited as the ``Fairness for Pilots Act''.
SEC. 392. EXPANSION OF PILOT'S BILL OF RIGHTS.
(a) Notification of Investigation.--Subsection (b) of section 2 of
the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 49
U.S.C. 44703 note) is amended--
(1) in paragraph (2)(A), by inserting ``and the specific
activity on which the investigation is based'' after ``nature of
the investigation'';
(2) in paragraph (3), by striking ``timely''; and
(3) in paragraph (5), by striking ``section 44709(c)(2)''
and inserting ``section 44709(e)(2)''.
(b) Release of Investigative Reports.--Section 2 of the Pilot's Bill
of Rights (Public Law 112-153; 126 Stat. 1159; 49 U.S.C. 44703 note) is
further amended by adding at the end the following:
``(f) Release of Investigative Reports.--
``(1) In general.--
``(A) Emergency orders.--In any proceeding conducted
under part 821 of title 49, Code of Federal Regulations,
relating to the amendment, modification, suspension, or
revocation of an airman certificate, in which the
Administrator issues an emergency order under
subsections
[[Page 132 STAT. 3324]]
(d) and (e) of section 44709, section 44710, or section
46105(c) of title 49, United States Code, or another
order that takes effect immediately, the Administrator
shall provide, upon request, to the individual holding
the airman certificate the releasable portion of the
investigative report at the time the Administrator
issues the order. If the complete Report of
Investigation is not available at the time of the
request, the Administrator shall issue all portions of
the report that are available at the time and shall
provide the full report not later than 5 days after its
completion.
``(B) Other orders.--In any nonemergency proceeding
conducted under part 821 of title 49, Code of Federal
Regulations, relating to the amendment, modification,
suspension, or revocation of an airman certificate, in
which the Administrator notifies the certificate holder
of a proposed certificate action under subsections (b)
and (c) of section 44709 or section 44710 of title 49,
United States Code, the Administrator shall, upon the
written request of the covered certificate holder and at
any time after that notification, provide to the covered
certificate holder the releasable portion of the
investigative report.
``(2) Motion for dismissal.--If the Administrator does not
provide the releasable portions of the investigative report to
the individual holding the airman certificate subject to the
proceeding referred to in paragraph (1) by the time required by
that paragraph, the individual may move to dismiss the complaint
of the Administrator or for other relief and, unless the
Administrator establishes good cause for the failure to provide
the investigative report or for a lack of timeliness, the
administrative law judge shall order such relief as the judge
considers appropriate.
``(3) Releasable portion of investigative report.--For
purposes of paragraph (1), the releasable portion of an
investigative report is all information in the report, except
for the following:
``(A) Information that is privileged.
``(B) Information that constitutes work product or
reflects internal deliberative process.
``(C) Information that would disclose the identity
of a confidential source.
``(D) Information the disclosure of which is
prohibited by any other provision of law.
``(E) Information that is not relevant to the
subject matter of the proceeding.
``(F) Information the Administrator can demonstrate
is withheld for good cause.
``(G) Sensitive security information, as defined in
section 15.5 of title 49, Code of Federal Regulations
(or any corresponding similar ruling or regulation).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent the Administrator from releasing
to an individual subject to an investigation described in
subsection (b)(1)--
``(A) information in addition to the information
included in the releasable portion of the investigative
report; or
[[Page 132 STAT. 3325]]
``(B) a copy of the investigative report before the
Administrator issues a complaint.''.
SEC. 393. NOTIFICATION OF REEXAMINATION OF CERTIFICATE HOLDERS.
(a) In General.--Section 44709(a) of title 49, United States Code,
is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator'';
(2) by adding at the end the following:
``(2) Notification of reexamination of airman.--Before
taking any action to reexamine an airman under paragraph (1) the
Administrator shall provide to the airman--
``(A) a reasonable basis, described in detail, for
requesting the reexamination; and
``(B) any information gathered by the Federal
Aviation Administration, that the Administrator
determines is appropriate to provide, such as the scope
and nature of the requested reexamination, that formed
the basis for that justification.''.
SEC. 394. <<NOTE: 49 USC 44701 note.>> EXPEDITING UPDATES TO NOTAM
PROGRAM.
(a) In General.--Beginning on the date that is 180 days after the
date of enactment of this Act, the Administrator may not take any
enforcement action against any individual for a violation of a NOTAM (as
defined in section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701
note)) until the Administrator certifies to the appropriate committees
of Congress that the Administrator has complied with the requirements of
section 3 of the Pilot's Bill of Rights, as amended by this section.
(b) Amendments.--Section 3 of the Pilot's Bill of Rights (Public Law
112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``this Act'' and inserting
``the Fairness for Pilots Act''; and
(ii) by striking ``begin'' and inserting
``complete the implementation of'';
(B) by amending subparagraph (B) to read as follows:
``(B) to continue developing and modernizing the
NOTAM repository, in a public central location, to
maintain and archive all NOTAMs, including the original
content and form of the notices, the original date of
publication, and any amendments to such notices with the
date of each amendment, in a manner that is Internet-
accessible, machine-readable, and searchable;'';
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) to specify the times during which temporary
flight restrictions are in effect and the duration of a
designation of special use airspace in a specific
area.''; and
(2) by amending subsection (d) to read as follows:
``(d) Designation of Repository as Sole Source for NOTAMs.--
``(1) In general.--The Administrator--
[[Page 132 STAT. 3326]]
``(A) shall consider the repository for NOTAMs under
subsection (a)(2)(B) to be the sole location for airmen
to check for NOTAMs; and
``(B) may not consider a NOTAM to be announced or
published until the NOTAM is included in the repository
for NOTAMs under subsection (a)(2)(B).
``(2) Prohibition on taking action for violations of notams
not in repository.--
``(A) In general.--Except as provided in
subparagraph (B), beginning on the date that the
repository under subsection (a)(2)(B) is final and
published, the Administrator may not take any
enforcement action against an airman for a violation of
a NOTAM during a flight if--
``(i) that NOTAM is not available through the
repository before the commencement of the flight;
and
``(ii) that NOTAM is not reasonably accessible
and identifiable to the airman.
``(B) Exception for national security.--Subparagraph
(A) shall not apply in the case of an enforcement action
for a violation of a NOTAM that directly relates to
national security.''.
SEC. 395. ACCESSIBILITY OF CERTAIN FLIGHT DATA.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, is amended by inserting after section 47124 the following:
``Sec. 47124a. <<NOTE: 49 USC 47124a.>> Accessibility of certain
flight data
``(a) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the
Federal Aviation Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(3) Applicable individual.--The term `applicable
individual' means an individual who is the subject of an
investigation initiated by the Administrator related to a
covered flight record.
``(4) Contract tower.--The term `contract tower' means an
air traffic control tower providing air traffic control services
pursuant to a contract with the Administration under section
47124.
``(5) Covered flight record.--The term `covered flight
record' means any air traffic data (as defined in section
2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703
note)), created, maintained, or controlled by any program of the
Administration, including any program of the Administration
carried out by employees or contractors of the Administration,
such as contract towers, flight service stations, and controller
training programs.
``(b) Provision of Covered Flight Record to Administration.--
``(1) Requests.--Whenever the Administration receives a
written request for a covered flight record from an applicable
individual and the covered flight record is not in the
possession of the Administration, the Administrator shall
request the covered flight record from the contract tower or
other contractor of the Administration in possession of the
covered flight record.
[[Page 132 STAT. 3327]]
``(2) Provision of records.--Any covered flight record
created, maintained, or controlled by a contract tower or
another contractor of the Administration that maintains covered
flight records shall be provided to the Administration if the
Administration requests the record pursuant to paragraph (1).
``(3) Notice of proposed certificate action.--If the
Administrator has issued, or subsequently issues, a Notice of
Proposed Certificate Action relying on evidence contained in the
covered flight record and the individual who is the subject of
an investigation has requested the record, the Administrator
shall promptly produce the record and extend the time the
individual has to respond to the Notice of Proposed Certificate
Action until the covered flight record is provided.
``(c) Implementation.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Fairness for Pilots Act, the Administrator
shall promulgate regulations or guidance to ensure compliance
with this section.
``(2) Compliance by contractors.--
``(A) In general.--Compliance with this section by a
contract tower or other contractor of the Administration
that maintains covered flight records shall be included
as a material term in any contract between the
Administration and the contract tower or contractor
entered into or renewed on or after the date of
enactment of the Fairness for Pilots Act.
``(B) Nonapplicability.--Subparagraph (A) shall not
apply to any contract or agreement in effect on the date
of enactment of the Fairness for Pilots Act unless the
contract or agreement is renegotiated, renewed, or
modified after that date.
``(d) Protection of Certain Data.--The Administrator of the Federal
Aviation Administration may withhold information that would otherwise be
required to be made available under section only if--
``(1) the Administrator determines, based on information in
the possession of the Administrator, that the Administrator may
withhold the information in accordance with section 552a of
title 5, United States Code; or
``(2) the information is submitted pursuant to a voluntary
safety reporting program covered by section 40123 of title 49,
United States Code.''.
(b) Technical and Conforming Amendments.--The table of contents for
chapter 471 <<NOTE: 49 USC 47101 prec.>> is amended by inserting after
the item relating to section 47124 the following:
``47124a. Accessibility of certain flight data.''.
SEC. 396. <<NOTE: 49 USC 46101 note.>> AUTHORITY FOR LEGAL
COUNSEL TO ISSUE CERTAIN NOTICES.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall designate the appropriate legal counsel of the
Administration as an appropriate official for purposes of section 13.11
of title 14, Code of Federal Regulations.
[[Page 132 STAT. 3328]]
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
SEC. 401. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.
In this title:
(1) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier as those terms are
defined in section 40102 of title 49, United States Code.
(2) Online service.--The term ``online service'' means any
service available over the internet, or that connects to the
internet or a wide-area network.
(3) Ticket agent.--The term ``ticket agent'' has the meaning
given the term in section 40102 of title 49, United States Code.
SEC. 402. RELIABLE AIR SERVICE IN AMERICAN SAMOA.
Section 40109(g) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking subparagraph (C) and
inserting the following:
``(C) review the exemption at least every 30 days (or, in
the case of an exemption that is necessary to provide and
sustain air transportation in American Samoa between the islands
of Tutuila and Manu'a, at least every 180 days) to ensure that
the unusual circumstances that established the need for the
exemption still exist.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Renewal of exemptions.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary may renew an exemption
(including renewals) under this subsection for not more
than 30 days.
``(B) Exception.--The Secretary may renew an
exemption (including renewals) under this subsection
that is necessary to provide and sustain air
transportation in American Samoa between the islands of
Tutuila and Manu'a for not more than 180 days.
``(4) Continuation of exemptions.--An exemption granted by
the Secretary under this subsection may continue for not more
than 5 days after the unusual circumstances that established the
need for the exemption cease.''.
SEC. 403. CELL PHONE VOICE COMMUNICATION BAN.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41725. <<NOTE: 49 USC 41725.>> Prohibition on certain cell
phone voice communications
``(a) Prohibition.--The Secretary of Transportation shall issue
regulations--
``(1) to prohibit an individual on an aircraft from engaging
in voice communications using a mobile communications device
during a flight of that aircraft in scheduled passenger
interstate or intrastate air transportation; and
[[Page 132 STAT. 3329]]
``(2) that exempt from the prohibition described in
paragraph (1) any--
``(A) member of the flight crew on duty on an
aircraft;
``(B) flight attendant on duty on an aircraft; and
``(C) Federal law enforcement officer acting in an
official capacity.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Flight.--The term `flight' means, with respect to an
aircraft, the period beginning when the aircraft takes off and
ending when the aircraft lands.
``(2) Mobile communications device.--
``(A) In general.--The term `mobile communications
device' means any portable wireless telecommunications
equipment utilized for the transmission or reception of
voice data.
``(B) Limitation.--The term `mobile communications
device' does not include a phone installed on an
aircraft.''.
(b) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, <<NOTE: 49 USC 41701 prec.>> is amended by
inserting after the item relating to section 41724 the following:
``41725. Prohibition on certain cell phone voice communications.''.
SEC. 404. IMPROVED NOTIFICATION OF INSECTICIDE USE.
Section 42303(b) of title 49, United States Code, is amended to read
as follows:
``(b) Required Disclosures.--An air carrier, foreign air carrier, or
ticket agent selling, in the United States, a ticket for a flight in
foreign air transportation to a country listed on the internet website
established under subsection (a) shall--
``(1) disclose, on its own internet website or through other
means, that the destination country may require the air carrier
or foreign air carrier to treat an aircraft passenger cabin with
insecticides prior to the flight or to apply an aerosol
insecticide in an aircraft cabin used for such a flight when the
cabin is occupied with passengers; and
``(2) refer the purchaser of the ticket to the internet
website established under subsection (a) for additional
information.''.
SEC. 405. CONSUMER COMPLAINTS HOTLINE.
Section 42302 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Use of New Technologies.--The Secretary shall periodically
evaluate the benefits of using mobile phone applications or other widely
used technologies to provide new means for air passengers to communicate
complaints in addition to the telephone number established under
subsection (a) and shall provide such new means as the Secretary
determines appropriate.''.
SEC. 406. CONSUMER INFORMATION ON ACTUAL FLIGHT TIMES.
(a) Study.--The Secretary of Transportation shall conduct a study on
the feasibility and advisability of modifying regulations contained in
section 234.11 of title 14, Code of Federal Regulations, to ensure
that--
(1) a reporting carrier (including its contractors), during
the course of a reservation or ticketing discussion or other
inquiry, discloses to a consumer upon reasonable request the
[[Page 132 STAT. 3330]]
projected period between the actual wheels-off and wheels-on
times for a reportable flight; and
(2) a reporting carrier displays, on the public internet
website of the carrier, information on the actual wheels-off and
wheels-on times during the most recent calendar month for a
reportable flight.
(b) Definitions.--In this section, the terms ``reporting carrier''
and ``reportable flight'' have the meanings given those terms in section
234.2 of title 14, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary 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 on the
results of the study.
SEC. 407. <<NOTE: 49 USC 40127 note.>> TRAINING POLICIES
REGARDING RACIAL, ETHNIC, AND RELIGIOUS
NONDISCRIMINATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress and the Secretary
of Transportation a report describing--
(1) each air carrier's training policy for its employees and
contractors regarding racial, ethnic, and religious
nondiscrimination; and
(2) how frequently an air carrier is required to train new
employees and contractors because of turnover in positions that
require such training.
(b) Best Practices.--After the date the report is submitted under
subsection (a), the Secretary shall develop and disseminate to air
carriers best practices necessary to improve the training policies
described in subsection (a), based on the findings of the report and in
consultation with--
(1) passengers of diverse racial, ethnic, and religious
backgrounds;
(2) national organizations that represent impacted
communities;
(3) air carriers;
(4) airport operators; and
(5) contract service providers.
SEC. 408. TRAINING ON HUMAN TRAFFICKING FOR CERTAIN STAFF.
(a) In General.--Chapter 447 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 44738. <<NOTE: 49 USC 44738.>> Training on human
trafficking for certain staff
``In addition to other training requirements, each air carrier shall
provide training to ticket counter agents, gate agents, and other air
carrier workers whose jobs require regular interaction with passengers
on recognizing and responding to potential human trafficking victims.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, as amended by this Act, <<NOTE: 49 USC 44701
prec.>> is further amended by adding at the end the following:
``44738. Training on human trafficking for certain staff.''.
[[Page 132 STAT. 3331]]
SEC. 409. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.
Section 41706 of title 49, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Electronic Cigarettes.--
``(1) Inclusion.--The use of an electronic cigarette shall
be treated as smoking for purposes of this section.
``(2) Electronic cigarette defined.--In this section, the
term `electronic cigarette' means a device that delivers
nicotine to a user of the device in the form of a vapor that is
inhaled to simulate the experience of smoking.''.
SEC. 410. REPORT ON BAGGAGE REPORTING REQUIREMENTS.
Not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall--
(1) study and publicize for comment a cost-benefit analysis
to air carriers and consumers of changing the baggage reporting
requirements of section 234.6 of title 14, Code of Federal
Regulations, before the implementation of such requirements; and
(2) submit a report on the findings of the cost-benefit
analysis to the appropriate committees of Congress.
SEC. 411. ENFORCEMENT OF AVIATION CONSUMER PROTECTION RULES.
(a) In General.--The Comptroller General of the United States shall
conduct a study to consider and evaluate Department of Transportation
enforcement of aviation consumer protection rules.
(b) Contents.--The study under subsection (a) shall include an
evaluation of--
(1) available enforcement mechanisms;
(2) any obstacles to enforcement; and
(3) trends in Department of Transportation enforcement
actions.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the study, including the Comptroller
General's findings, conclusions, and recommendations.
SEC. 412. STROLLERS.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, as amended by this Act, is further amended by adding at the
end the following:
``Sec. 41726. <<NOTE: 49 USC 41726.>> Strollers
``(a) In General.--Except as provided in subsection (b), a covered
air carrier shall not deny a passenger the ability to check a stroller
at the departure gate if the stroller is being used by a passenger to
transport a child traveling on the same flight as the passenger.
``(b) Exception.--Subsection (a) shall not apply in instances where
the size or weight of the stroller poses a safety or security risk.
``(c) Covered Air Carrier Defined.--In this section, the term
`covered air carrier' means an air carrier or a foreign air carrier as
those terms are defined in section 40102 of title 49, United States
Code.''.
[[Page 132 STAT. 3332]]
(b) Table of Contents.--The analysis for chapter 417 of title 49,
United States Code, <<NOTE: 49 USC 41701 prec.>> is further amended by
inserting after the item relating to section 41725 the following:
``41726. Strollers.''.
SEC. 413. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Federal Aviation
Administration, shall review the categorization of delays and
cancellations with respect to air carriers that are required to
report such data.
(2) Considerations.--In conducting the review under
paragraph (1), the Secretary shall consider, at a minimum--
(A) whether delays and cancellations were the result
of--
(i) decisions or matters within the control or
within the discretion of the Federal Aviation
Administration, including ground stop or delay
management programs in response to adverse weather
conditions;
(ii) business decisions or other matters
within the air carrier's control or discretion in
response to adverse weather conditions, including
efforts to disrupt the travel of the fewest number
of passengers; or
(iii) other factors;
(B) if the data indicate whether and to what extent
delays and cancellations attributed by an air carrier to
weather disproportionately impact service to smaller
airports and communities;
(C) whether it is an unfair or deceptive practice
for an air carrier to inform a passenger that a flight
is delayed or cancelled due to weather alone when other
factors are involved;
(D) limitations, if any, in the Federal Aviation
Administration air traffic control systems that reduce
the capacity or efficiency of the national airspace
system during adverse weather events; and
(E) relevant analytical work by academic
institutions.
(3) Consultation.--The Secretary may consult air carriers
and the Advisory Committee for Aviation Consumer Protection,
established under section 411 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 42301 prec. note), to assist in
conducting the review and providing recommendations on improving
the quality and quantity of information provided to passengers
adversely affected by a cancellation or delay.
(b) Report.--Not later than 90 days after the date the review under
subsection (a) is complete, the Secretary shall submit to the
appropriate committees of Congress a report on the review under
subsection (a), including any recommendations.
(c) Savings Provision.--Nothing in this section shall be construed
as affecting or penalizing--
(1) the decision of an air carrier to maximize its system
capacity during weather-related events to accommodate the
greatest number of passengers; or
[[Page 132 STAT. 3333]]
(2) any decisions of an air carrier or the Federal Aviation
Administration in any matter related to or affecting the safety
of any person.
SEC. 414. INVOLUNTARY CHANGES TO ITINERARIES.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
review the rate at which air carriers change passenger
itineraries more than 24 hours before departure, where the new
itineraries involve additional stops or depart 3 hours earlier
or later than originally scheduled and compensation or other
suitable air transportation is not offered. In conducting the
review, the Secretary shall consider the compensation and
alternative travel options provided or offered by the air
carrier in such situations.
(2) Consultation.--The Secretary may consult with air
carriers and the Advisory Committee for Aviation Consumer
Protection, established under section 411 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec.
note), to assist in conducting the review and providing
recommendations.
(b) Report.--Not later than 90 days after the date the review under
subsection (a) is complete, the Secretary shall submit to appropriate
committees of Congress a report on the review under subsection (a).
SEC. 415. EXTENSION OF ADVISORY COMMITTEE FOR AVIATION CONSUMER
PROTECTION.
Section 411 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 42301 prec. note) is amended in subsection (h) by striking
``2018'' and inserting ``2023''.
SEC. 416. ONLINE ACCESS TO AVIATION CONSUMER PROTECTION
INFORMATION.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall--
(1) complete an evaluation of the aviation consumer
protection portion of the Department of Transportation's public
internet website to identify any changes to the user interface,
including the interface presented to individuals accessing the
website from a mobile device, that will improve usability,
accessibility, consumer satisfaction, and website performance;
(2) in completing the evaluation under paragraph (1)--
(A) consider the best practices of other Federal
agencies with effective websites; and
(B) consult with the Federal Web Managers Council;
(3) develop a plan, including an implementation timeline,
for--
(A) making the changes identified under paragraph
(1); and
(B) making any necessary changes to that portion of
the website that will enable a consumer, in a manner
that protects the privacy of consumers and employees,
to--
(i) access information regarding each
complaint filed with the Aviation Consumer
Protection Division of the Department of
Transportation;
[[Page 132 STAT. 3334]]
(ii) search the complaints described in clause
(i) by the name of the air carrier, the dates of
departure and arrival, the airports of origin and
departure, and the type of complaint; and
(iii) determine the date a complaint was filed
and the date a complaint was resolved; and
(4) submit the evaluation and plan to appropriate committees
of Congress.
SEC. 417. PROTECTION OF PETS ON AIRPLANES.
(a) Prohibition.--Chapter 447 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 44739. <<NOTE: 49 USC 44739.>> Pets on airplanes
``(a) Prohibition.--It shall be unlawful for any person to place a
live animal in an overhead storage compartment of an aircraft operated
under part 121 of title 14, Code of Federal Regulations.
``(b) Civil Penalty.--The Administrator may impose a civil penalty
under section 46301 for each violation of this section.''.
(b) Conforming Amendment.--The analysis for chapter 447 of title 49,
United States Code, <<NOTE: 49 USC 44701 prec.>> is further amended by
adding at the end the following:
``44739. Pets on airplanes.''.
SEC. 418. <<NOTE: 49 USC 42301 note prec.>> ADVISORY COMMITTEE ON
AIR AMBULANCE AND PATIENT BILLING.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the
Secretary of Health and Human Services, shall establish an advisory
committee for the purpose of reviewing options to improve the disclosure
of charges and fees for air medical services, better inform consumers of
insurance options for such services, and protect consumers from balance
billing.
(b) Composition of the Advisory Committee.--The advisory committee
shall be composed of the following members:
(1) The Secretary of Transportation, or the Secretary's
designee.
(2) The Secretary of Health and Human Services, or the
Secretary's designee.
(3) One representative, to be appointed by the Secretary of
Transportation, of each of the following:
(A) Each relevant Federal agency, as determined by
the Secretary of Transportation.
(B) State insurance regulators
(C) Health insurance providers.
(D) Patient advocacy groups.
(E) Consumer advocacy groups.
(F) Physician specializing in emergency, trauma,
cardiac, or stroke.
(4) Three representatives, to be appointed by the Secretary
of Transportation, to represent the various segments of the air
ambulance industry.
(5) Additional three representatives not covered under
paragraphs (1) through (4), as determined necessary and
appropriate by the Secretary.
[[Page 132 STAT. 3335]]
(c) Consultation.--The advisory committee shall, as appropriate,
consult with relevant experts and stakeholders not captured in (b) while
conducting its review.
(d) Recommendations.--The advisory committee shall make
recommendations with respect to disclosure of charges and fees for air
ambulance services and insurance coverage, consumer protection and
enforcement authorities of both the Department of Transportation and
State authorities, and the prevention of balance billing to consumers.
The recommendations shall address, at a minimum--
(1) the costs, benefits, practicability, and impact on all
stakeholders of clearly distinguishing between charges for air
transportation services and charges for non-air transportation
services in bills and invoices, including the costs, benefits,
and practicability of--
(A) developing cost-allocation methodologies to
separate charges for air transportation services from
charges for non-air transportation services; and
(B) formats for bills and invoices that clearly
distinguish between charges for air transportation
services and charges for non-air transportation
services;
(2) options, best practices, and identified standards to
prevent instances of balance billing such as improving network
and contract negotiation, dispute resolution between health
insurance and air medical service providers, and explanation of
insurance coverage and subscription programs to consumers;
(3) steps that can be taken by State legislatures, State
insurance regulators, State attorneys general, and other State
officials as appropriate, consistent with current legal
authorities regarding consumer protection;
(4) recommendations made by the Comptroller General study,
GAO-17-637, including what additional data from air ambulance
providers and other sources should be collected by the
Department of Transportation to improve its understanding of the
air ambulance market and oversight of the air ambulance industry
for the purposes of pursuing action related to unfair or
deceptive practices or unfair methods of competition, which may
include--
(A) cost data;
(B) standard charges and payments received per
transport;
(C) whether the provider is part of a hospital-
sponsored program, municipality-sponsored program,
hospital-independent partnership (hybrid) program, or
independent program;
(D) number of transports per base and helicopter;
(E) market shares of air ambulance providers
inclusive of any parent or holding companies;
(F) any data indicating the extent of competition
among air ambulance providers on the basis of price and
service;
(G) prices assessed to consumers and insurers for
air transportation and any non-transportation services
provided by air ambulance providers; and
(H) financial performance of air ambulance
providers;
(5) definitions of all applicable terms that are not defined
in statute or regulations; and
(6) other matters as determined necessary or appropriate.
[[Page 132 STAT. 3336]]
(e) Report.--Not later than 180 days after the date of the first
meeting of the advisory committee, the advisory committee shall submit
to the Secretary of Transportation, the Secretary of Health and Human
Services, and the appropriate committees of Congress a report containing
the recommendations made under subsection (d).
(f) Rulemaking.--Upon receipt of the report under subsection (e),
the Secretary of Transportation shall consider the recommendations of
the advisory committee and issue regulations or other guidance as deemed
necessary--
(1) to require air ambulance providers to regularly report
data to the Department of Transportation;
(2) to increase transparency related to Department of
Transportation actions related to consumer complaints; and
(3) to provide other consumer protections for customers of
air ambulance providers.
(g) Elimination of Advisory Council on Transportation Statistics.--
The Advisory Council on Transportation Statistics shall terminate on the
date of enactment of this Act.
SEC. 419. AIR AMBULANCE COMPLAINTS TO THE DEPARTMENT OF
TRANSPORTATION.
(a) Consumer Complaints.--Section 42302 of title 49, United States
Code, is further amended--
(1) in subsection (a) by inserting ``(including
transportation by air ambulance (as defined by the Secretary of
Transportation))'' after ``air transportation''; and
(2) by adding at the end the following:
``(e) Air Ambulance Providers.--Each air ambulance provider shall
include the hotline telephone number, link to the Internet website
established under subsection (a), and contact information for the
Aviation Consumer Advocate established under section 425 on--
``(1) any invoice, bill, or other communication provided to
a passenger or customer of the provider; and
``(2) its Internet Web site, and any related mobile device
application.''.
(b) Unfair and Deceptive Practices and Unfair Methods of
Competition.--Section 41712(a) of title 49, United States Code, is
amended by inserting ``air ambulance consumer (as defined by the
Secretary of Transportation),'' after ``foreign air carrier,'' in the
first place it appears.
SEC. 420. REPORT TO CONGRESS ON AIR AMBULANCE OVERSIGHT.
(a) In General.--Not later than 180 days after submission of the
report required under section 418, the Secretary of Transportation shall
submit a report to the appropriate committees of Congress on air
ambulance oversight.
(b) Contents of Report.--The report required under subsection (a)
shall include--
(1) a description of how the Secretary will conduct
oversight of air ambulance providers, including the information
sources the Secretary will use to conduct such oversight; and
(2) a timeline for the issuance of any guidance concerning
unfair and deceptive practices among air ambulance providers,
including guidance for States and political subdivisions of
States to refer such matters to the Secretary.
[[Page 132 STAT. 3337]]
SEC. 421. <<NOTE: 49 USC 42301 note prec.>> REFUNDS FOR OTHER
FEES THAT ARE NOT HONORED BY A COVERED AIR
CARRIER.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall promulgate regulations that require
each covered air carrier to promptly provide a refund to a passenger of
any ancillary fees paid for services related to air travel that the
passenger does not receive, including on the passenger's scheduled
flight, on a subsequent replacement itinerary if there has been a
rescheduling, or for a flight not taken by the passenger.
SEC. 422. <<NOTE: 49 USC 42301 note prec.>> ADVANCE BOARDING
DURING PREGNANCY.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall review air carrier policies regarding
traveling during pregnancy and, if appropriate, may revise regulations,
as the Secretary considers necessary, to require an air carrier to offer
advance boarding of an aircraft to a pregnant passenger who requests
such assistance.
SEC. 423. CONSUMER COMPLAINT PROCESS IMPROVEMENT.
(a) In General.--Section 42302(c) of title 49, United States Code is
amended--
(1) in the matter preceding paragraph (1), by striking ``An
air carrier or foreign air carrier providing scheduled air
transportation using any aircraft that as originally designed
has a passenger capacity of 30 or more passenger seats'' and
inserting ``Each air carrier and foreign air carrier'';
(2) in paragraph (1), by striking ``air carrier'' and
inserting ``carrier''; and
(3) in paragraph (2), by striking ``air carrier'' and
inserting ``carrier''.
(b) <<NOTE: 49 USC 42302 note.>> Rulemaking.--Not later than 1 year
after the date of enactment of this Act, the Secretary of Transportation
shall promulgate regulations to implement the requirements of section
42302 of title 49, United States Code, as amended by this Act.
SEC. 424. <<NOTE: 49 USC 42302 note.>> AVIATION CONSUMER
ADVOCATE.
(a) In General.--The Secretary of Transportation shall review
aviation consumer complaints received that allege a violation of law
and, as appropriate, pursue enforcement or corrective actions that would
be in the public interest.
(b) Considerations.--In considering which cases to pursue for
enforcement or corrective action under subsection (a), the Secretary
shall consider--
(1) the Air Carrier Access Act of 1986 (Public Law 99-435;
100 Stat. 1080);
(2) unfair and deceptive practices by air carriers
(including air ambulance operators), foreign air carriers, and
ticket agents;
(3) the terms and conditions agreed to between passengers
and air carriers (including air ambulance operators), foreign
air carriers, or ticket agents;
(4) aviation consumer protection and tarmac delay
contingency planning requirements for both airports and
airlines;
(5) protection of air ambulance consumers; and
(6) any other applicable law.
(c) Aviation Consumer Advocate.--
[[Page 132 STAT. 3338]]
(1) In general.--Within the Aviation Consumer Protection
Division of the Department of Transportation, there shall be an
Aviation Consumer Advocate.
(2) Functions.--The Aviation Consumer Advocate shall--
(A) assist consumers in resolving carrier service
complaints filed with the Aviation Consumer Protection
Division;
(B) review the resolution by the Department of
Transportation of carrier service complaints;
(C) identify and recommend actions the Department
can take to improve the enforcement of aviation consumer
protection rules, protection of air ambulance consumers,
and resolution of carrier service complaints; and
(D) identify and recommend regulations and policies
that can be amended to more effectively resolve carrier
service complaints.
(d) Annual Reports.--The Secretary, through the Aviation Consumer
Advocate, shall submit to the appropriate committees of Congress an
annual report summarizing the following:
(1) The total number of annual complaints received by the
Department, including the number of complaints by the name of
each air carrier and foreign air carrier.
(2) The total number of annual complaints by category of
complaint.
(3) The number of complaints referred in the preceding year
for enforcement or corrective action by the Department.
(4) Any recommendations under paragraphs (2)(C) and (2)(D)
of subsection (c).
(5) Such other data as the Aviation Consumer Advocate
considers appropriate.
(e) Sunset on Reporting Requirement.--The reporting requirement of
subsection (d) shall terminate on September 30, 2023.
SEC. 425. <<NOTE: Transparency Improvements and Compensation to
Keep Every Ticketholder Safe Act of
2018.>> TICKETS ACT.
(a) <<NOTE: 49 USC 42301 note prec.>> Short Title.--This section
may be cited as the ``Transparency Improvements and Compensation to Keep
Every Ticketholder Safe Act of 2018'' or the ``TICKETS Act''.
(b) Boarded Passengers.--Beginning on the date of enactment of this
Act, a covered air carrier may not deny a revenue passenger traveling on
a confirmed reservation permission to board, or involuntarily remove
that passenger from the aircraft, once a revenue passenger has--
(1) checked in for the flight prior to the check-in
deadline; and
(2) had their ticket or boarding pass collected or
electronically scanned and accepted by the gate agent.
(c) Limitations.--The prohibition pursuant to subsection (b) shall
not apply when--
(1) there is a safety, security, or health risk with respect
to that revenue passenger or there is a safety or security issue
requiring removal of a revenue passenger; or
(2) the revenue passenger is engaging in behavior that is
obscene, disruptive, or otherwise unlawful.
(d) Rule of Construction.--Nothing in this section may be construed
to limit or otherwise affect the responsibility or authority of a pilot
in command of an aircraft under section 121.533 of
[[Page 132 STAT. 3339]]
title 14, Code of Federal Regulations, or limit any penalty under
section 46504 of title 49, United States Code.
(e) Involuntary Denied Boarding Compensation.--Not later than 60
days after the date of enactment of this Act, the Secretary of
Transportation shall issue a final rule to revise part 250 of title 14,
Code of Federal Regulations, to clarify that--
(1) there is not a maximum level of compensation an air
carrier or foreign air carrier may pay to a passenger who is
involuntarily denied boarding as the result of an oversold
flight;
(2) the compensation levels set forth in that part are the
minimum levels of compensation an air carrier or foreign air
carrier must pay to a passenger who is involuntarily denied
boarding as the result of an oversold flight; and
(3) an air carrier or foreign air carrier must proactively
offer to pay compensation to a passenger who is voluntarily or
involuntarily denied boarding on an oversold flight, rather than
waiting until the passenger requests the compensation.
(f) GAO Report on Oversales.--
(1) In general.--The Comptroller General of the United
States shall review airline policies and practices related to
oversales of flights.
(2) Considerations.--In conducting the review under
paragraph (1), the Comptroller General shall examine--
(A) the impact on passengers as a result of an
oversale, including increasing or decreasing the costs
of passenger air transportation;
(B) economic and operational factors which result in
oversales;
(C) whether, and if so how, the incidence of
oversales varies depending on markets;
(D) potential consequences on the limiting of
oversales; and
(E) best practices on how oversale policies can be
communicated to passengers at airline check-in desks and
airport gates.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report on the review
under paragraph (2).
(g) Gate Notice of Policies.--The Secretary may provide guidance on
how these policies should be communicated at covered air carrier check-
in desks and airport gates.
SEC. 426. REPORT ON AVAILABILITY OF LAVATORIES ON COMMERCIAL
AIRCRAFT.
Not later than 180 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the appropriate
committees of Congress a report assessing--
(1) the availability of functional lavatories on commercial
aircraft;
(2) the extent to which flights take off without functional
lavatories;
(3) the ability of passengers with disabilities to access
lavatories on commercial aircraft;
[[Page 132 STAT. 3340]]
(4) the extent of complaints to the Department of
Transportation and air carriers related to lavatories and
efforts they have taken to address complaints; and
(5) the extent to which air carriers are reducing the size
and number of lavatories to add more seats and whether this
creates passenger lavatory access issues.
SEC. 427. <<NOTE: 49 USC 42301 note prec.>> CONSUMER PROTECTION
REQUIREMENTS RELATING TO LARGE TICKET
AGENTS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall issue a final rule to
require large ticket agents to adopt minimum customer service standards.
(b) Purpose.--The purpose of the final rule shall be to ensure that,
to the extent feasible, there is a consistent level of consumer
protection regardless of where consumers purchase air fares and related
air transportation services.
(c) Standards.--In issuing the final rule, the Secretary shall
consider, to the extent feasible, establishing standards consistent with
all customer service and disclosure requirements applicable to covered
air carriers under this title and associated regulations.
(d) Definitions.--In this section, the following definitions apply:
(1) Ticket agent.--
(A) In general.--Subject to subparagraph (B), the
term ``ticket agent'' has the meaning given that term in
section 40102(a) of title 49, United States Code.
(B) Inclusion.--The term ``ticket agent'' includes a
person who acts as an intermediary involved in the sale
of air transportation directly or indirectly to
consumers, including by operating an electronic airline
information system, if the person--
(i) holds the person out as a source of
information about, or reservations for, the air
transportation industry; and
(ii) receives compensation in any way related
to the sale of air transportation.
(2) Large ticket agent.--The term ``large ticket agent''
means a ticket agent with annual revenues of $100,000,000 or
more.
(e) Enforcement.--No large ticket agent may be found in
noncompliance of any standard or requirement adopted in the final rule
required by this section if--
(1) the large ticket agent is unable to meet the new
standard or requirement due to the lack of information or data
from the covered air carrier and the information is required for
the large ticket agent to comply with such standard or
requirement; or
(2) the sale of air transportation is made by a large ticket
agent pursuant to a specific corporate or government fare
management contract.
SEC. 428. WIDESPREAD DISRUPTIONS.
(a) In General.--Chapter 423 of title 49, United States Code, is
amended by adding at the end the following:
[[Page 132 STAT. 3341]]
``Sec. 42304. <<NOTE: 49 USC 42304.>> Widespread disruptions
``(a) General Requirements.--In the event of a widespread
disruption, a covered air carrier shall immediately publish, via a
prominent link on the air carrier's public internet website, a clear
statement indicating whether, with respect to a passenger of the air
carrier whose travel is interrupted as a result of the widespread
disruption, the air carrier will--
``(1) provide for hotel accommodations;
``(2) arrange for ground transportation;
``(3) provide meal vouchers;
``(4) arrange for air transportation on another air carrier
or foreign air carrier to the passenger's destination; and
``(5) provide for sleeping facilities inside the airport
terminal.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Widespread disruption.--The term `widespread
disruption' means, with respect to a covered air carrier, the
interruption of all or the overwhelming majority of the air
carrier's systemwide flight operations, including flight delays
and cancellations, as the result of the failure of 1 or more
computer systems or computer networks of the air carrier.
``(2) Covered air carrier.--The term `covered air carrier'
means an air carrier that provides scheduled passenger air
transportation by operating an aircraft that as originally
designed has a passenger capacity of 30 or more seats.
``(c) Savings Provision.--Nothing in this section may be construed
to modify, abridge, or repeal any obligation of an air carrier under
section 42301.''.
(b) Conforming Amendment.--The analysis for chapter 423 of title 49,
United States Code, <<NOTE: 49 USC 42301 prec.>> is amended by adding
at the end the following:
``42304. Widespread disruptions.''.
SEC. 429. <<NOTE: 49 USC 42301 note prec.>> PASSENGER RIGHTS.
(a) Guidelines.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall require each covered
air carrier to submit a summarized 1-page document that describes the
rights of passengers in air transportation, including guidelines for the
following:
(1) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight delays of various lengths.
(2) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight diversions.
(3) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight cancellations.
(4) Compensation for mishandled baggage, including delayed,
damaged, pilfered, or lost baggage.
(5) Voluntary relinquishment of a ticketed seat due to
overbooking or priority of other passengers.
(6) Involuntary denial of boarding and forced removal for
whatever reason, including for safety and security reasons.
(b) Filing of Summarized Guidelines.--Not later than 90 days after
each air carrier submits its guidelines to the Secretary under
subsection (a), the air carrier shall make available such 1-page
document in a prominent location on its website.
[[Page 132 STAT. 3342]]
Subtitle B--Aviation Consumers With Disabilities
SEC. 431. AVIATION CONSUMERS WITH DISABILITIES STUDY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall conduct a
study that includes--
(1) a review of airport accessibility best practices for
individuals with disabilities, including best practices that
improve infrastructure facilities and communications methods,
including those related to wayfinding, amenities, and passenger
care;
(2) a review of air carrier and airport training policies
related to section 41705 of title 49, United States Code;
(3) a review of air carrier training policies related to
properly assisting passengers with disabilities; and
(4) a review of accessibility best practices that exceed
those recommended under Public Law 90-480 (popularly known as
the Architectural Barriers Act of 1968; 42 U.S.C. 4151 et seq.),
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Air
Carrier Access Act of 1986 (Public Law 99-435; 100 Stat. 1080 et
seq.), and the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(b) Report.--Not later than 1 year after the date the Comptroller
General initiates the study under subsection (a), the Comptroller
General shall submit to the Secretary of Transportation and the
appropriate committees of Congress a report on the study, including
findings and recommendations.
SEC. 432. STUDY ON IN-CABIN WHEELCHAIR RESTRAINT SYSTEMS.
(a) Study.--Not later than 2 years after the date of enactment of
this Act, the Architectural and Transportation Barriers Compliance
Board, in consultation with the Secretary of Transportation, aircraft
manufacturers, air carriers, and disability advocates, shall conduct a
study to determine--
(1) the feasibility of in-cabin wheelchair restraint
systems; and
(2) if feasible, the ways in which individuals with
significant disabilities using wheelchairs, including power
wheelchairs, can be accommodated with in-cabin wheelchair
restraint systems.
(b) Report.--Not later than 1 year after the initiation of the study
under subsection (a), the Architectural and Transportation Barriers
Compliance Board shall submit to the appropriate committees of Congress
a report on the findings of the study.
SEC. 433. <<NOTE: 49 USC 41705 note.>> IMPROVING WHEELCHAIR
ASSISTANCE FOR INDIVIDUALS WITH
DISABILITIES.
Following the receipt of the report required under section 2107 of
the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190;
130 Stat. 622), the Secretary of Transportation shall develop, if
appropriate, specific recommendations regarding improvements to
wheelchair assistance provided by air carriers and recommendations on
how training programs by air carriers can address consumer complaints
regarding wheelchair assistance.
[[Page 132 STAT. 3343]]
SEC. 434. <<NOTE: 49 USC 41705 note.>> AIRLINE PASSENGERS WITH
DISABILITIES BILL OF RIGHTS.
(a) Airline Passengers With Disabilities Bill of Rights.--The
Secretary of Transportation shall develop a document, to be known as the
``Airline Passengers with Disabilities Bill of Rights'', using plain
language to describe the basic protections and responsibilities of
covered air carriers, their employees and contractors, and people with
disabilities under the section 41705 of title 49, United States Code.
(b) Content.--In developing the Airline Passengers with Disabilities
Bill of Rights under subsection (a), the Secretary shall include, at a
minimum, plain language descriptions of protections and responsibilities
provided in law related to the following:
(1) The right of passengers with disabilities to be treated
with dignity and respect.
(2) The right of passengers with disabilities to receive
timely assistance, if requested, from properly trained covered
air carrier and contractor personnel.
(3) The right of passengers with disabilities to travel with
wheelchairs, mobility aids, and other assistive devices,
including necessary medications and medical supplies, including
stowage of such wheelchairs, aids, and devices.
(4) The right of passengers with disabilities to receive
seating accommodations, if requested, to accommodate a
disability.
(5) The right of passengers with disabilities to receive
announcements in an accessible format.
(6) The right of passengers with disabilities to speak with
a complaint resolution officer or to file a complaint with a
covered air carrier or the Department of Transportation.
(c) Rule of Construction.--The development of the Airline Passengers
with Disabilities Bill of Rights under subsections (a) and (b) shall not
be construed as expanding or restricting the rights available to
passengers with disabilities on the day before the date of the enactment
of this Act pursuant to any statute or regulation.
(d) Consultations.--In developing the Airline Passengers with
Disabilities Bill of Rights under subsection (a), the Secretary of
Transportation shall consult with stakeholders, including disability
organizations and covered air carriers and their contractors.
(e) Display.--Each covered air carrier shall include the Airline
Passengers with Disabilities Bill of Rights--
(1) on a publicly available internet website of the covered
air carrier; and
(2) in any pre-flight notifications or communications
provided to passengers who alert the covered air carrier in
advance of the need for accommodations relating to a disability.
(f) Training.--Covered air carriers and contractors of covered air
carriers shall submit to the Secretary of Transportation plans that
ensure employees of covered air carriers and their contractors receive
training on the protections and responsibilities described in the
Airline Passengers with Disabilities Bill of Rights. The Secretary shall
review such plans to ensure the plans address the matters described in
subsection (b).
SEC. 435. SENSE OF CONGRESS REGARDING EQUAL ACCESS FOR INDIVIDUALS
WITH DISABILITIES.
It is the sense of Congress that--
[[Page 132 STAT. 3344]]
(1) the aviation industry and every relevant stakeholder
must work to ensure that every individual who experiences a
disability has equal access to air travel;
(2) as technology and ease of travel continue to advance,
accessibility must be a priority; and
(3) accommodations must--
(A) extend to every airport and service or facility
of an air carrier; and
(B) be inclusive of every disability.
SEC. 436. CIVIL PENALTIES RELATING TO HARM TO PASSENGERS WITH
DISABILITIES.
Section 46301(a) of title 49, United States Code, is amended by
adding at the end the following:
``(7) Penalties Relating to Harm to Passengers With Disabilities.--
``(A) Penalty for bodily harm or damage to wheelchair or
other mobility aid.--The amount of a civil penalty assessed
under this section for a violation of section 41705 that
involves damage to a passenger's wheelchair or other mobility
aid or injury to a passenger with a disability may be increased
above the otherwise applicable maximum amount under this section
for a violation of section 41705 to an amount not to exceed 3
times the maximum penalty otherwise allowed.
``(B) Each act constitutes separate offense.--
Notwithstanding paragraph (2), a separate violation of section
41705 occurs for each act of discrimination prohibited by that
section.''.
SEC. 437. <<NOTE: 49 USC 41705 note.>> HARMONIZATION OF SERVICE
ANIMAL STANDARDS.
(a) Rulemaking.--The Secretary of Transportation shall conduct a
rulemaking proceeding--
(1) to define the term ``service animal'' for purposes of
air transportation; and
(2) to develop minimum standards for what is required for
service and emotional support animals carried in aircraft
cabins.
(b) Considerations.--In conducting the rulemaking under subsection
(a), the Secretary shall consider, at a minimum--
(1) whether to align the definition of ``service animal''
with the definition of that term in regulations of the
Department of Justice implementing the Americans with
Disabilities Act of 1990 (Public Law 101-336);
(2) reasonable measures to ensure pets are not claimed as
service animals, such as--
(A) whether to require photo identification for a
service animal identifying the type of animal, the breed
of animal, and the service the animal provides to the
passenger;
(B) whether to require documentation indicating
whether or not a service animal was trained by the owner
or an approved training organization;
(C) whether to require, from a licensed physician,
documentation indicating the mitigating task or tasks a
service animal provides to its owner; and
(D) whether to allow a passenger to be accompanied
by more than 1 service animal;
(3) reasonable measures to ensure the safety of all
passengers, such as--
[[Page 132 STAT. 3345]]
(A) whether to require health and vaccination
records for a service animal; and
(B) whether to require third-party proof of
behavioral training for a service animal;
(4) the impact additional requirements on service animals
could have on access to air transportation for passengers with
disabilities; and
(5) if impacts on access to air transportation for
passengers with disabilities are found, ways to eliminate or
mitigate those impacts.
(c) Final Rule.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue a final rule pursuant
to the rulemaking conducted under this section.
SEC. 438. REVIEW OF PRACTICES FOR TICKETING, PRE-FLIGHT SEAT
ASSIGNMENTS, AND STOWING OF ASSISTIVE
DEVICES FOR PASSENGERS WITH DISABILITIES.
(a) Review.--
(1) In general.--Not later than 30 days after the first
meeting of the advisory committee on the air travel needs of
passengers with disabilities established in section 439
(referred to in this section as the ``Advisory Committee''), the
Secretary of Transportation shall direct the Advisory Committee
to review current regulations with respect to practices for
ticketing, pre-flight seat assignments, and stowing of assistive
devices for passengers with disabilities.
(2) Recommendations.--In carrying out the review under
paragraph (1), the Advisory Committee shall, at a minimum,
provide recommendations on whether current regulations should be
modified or prescribed to--
(A) provide accommodations for passengers with
disabilities, if requested, in ticketing and pre-flight
assignments;
(B) require covered air carriers to provide priority
access to bulkhead seating to passengers with
disabilities who need access to features of those seats
due to disabilities regardless of class of service of
ticket purchased; and
(C) ensure passengers with disabilities are able to
stow assistive devices without cost.
(b) Report.--Not later than 6 months after the date of their first
meeting, the Advisory Committee shall submit to the Secretary of
Transportation and the appropriate committees of Congress a report on
the review conducted under subsection (a)(1), including the
recommendations developed under subsection (a)(2).
SEC. 439. <<NOTE: 49 USC 41705 note.>> ADVISORY COMMITTEE ON THE
AIR TRAVEL NEEDS OF PASSENGERS WITH
DISABILITIES.
(a) Establishment.--The Secretary of Transportation shall establish
an advisory committee on issues related to the air travel needs of
passengers with disabilities (referred to in this section as the
``Advisory Committee'').
(b) Duties.--The Advisory Committee shall--
(1) identify and assess the disability-related access
barriers encountered by passengers with disabilities;
(2) determine the extent to which the programs and
activities of the Department of Transportation are addressing
the barriers identified in paragraph (1);
[[Page 132 STAT. 3346]]
(3) recommend consumer protection improvements to the air
travel experience of passengers with disabilities;
(4) advise the Secretary with regard to the implementation
of section 41705 of title 49, United States Code; and
(5) conduct such activities as the Secretary considers
necessary to carry out this section.
(c) Membership.--
(1) In general.--The Advisory Committee shall be composed of
at least 1 representative of each of the following groups:
(A) Passengers with disabilities.
(B) National disability organizations.
(C) Air carriers.
(D) Airport operators.
(E) Contractor service providers.
(F) Aircraft manufacturers.
(G) Wheelchair manufacturers.
(H) National veterans organizations representing
disabled veterans.
(2) Appointment.--The Secretary of Transportation shall
appoint each member of the Advisory Committee.
(3) Vacancies.--A vacancy in the Advisory Committee shall be
filled in the manner in which the original appointment was made.
(d) Chairperson.--The Secretary of Transportation shall designate,
from among the members appointed under subsection (c), an individual to
serve as chairperson of the Advisory Committee.
(e) Travel Expenses.--Members of the Advisory Committee shall serve
without pay, but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(f) Reports.--
(1) In general.--Not later than 14 months after the date of
establishment of the Advisory Committee, and annually
thereafter, the Advisory Committee shall submit to the Secretary
of Transportation a report on the needs of passengers with
disabilities in air travel, including--
(A) an assessment of existing disability-related
access barriers, and any emerging disability-related
access barriers that will likely be an issue in the next
5 calendar years;
(B) an evaluation of the extent to which the
Department of Transportation's programs and activities
are eliminating disability-related access barriers;
(C) a description of the Advisory Committee's
actions;
(D) a description of improvements related to the air
travel experience of passengers with disabilities; and
(E) any recommendations for legislation,
administrative action, or other action that the Advisory
Committee considers appropriate.
(2) Report to congress.--Not later than 60 days after the
date the Secretary receives the report under paragraph (1), the
Secretary shall submit to the appropriate committees of Congress
a copy of the report, including any additional findings or
recommendations that the Secretary considers appropriate.
[[Page 132 STAT. 3347]]
(g) Termination.--The Advisory Committee established under this
section shall terminate on September 30, 2023.
(h) Termination of the Next Generation Air Transportation System
Senior Policy Committee.--The Next Generation Air Transportation System
Senior Policy Committee established by the Secretary of Transportation
shall terminate on the date of the initial appointment of the members of
the Advisory Committee.
SEC. 440. <<NOTE: 49 USC 41705 note.>> REGULATIONS ENSURING
ASSISTANCE FOR PASSENGERS WITH
DISABILITIES IN AIR TRANSPORTATION.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall--
(1) review, and if necessary revise, applicable regulations
to ensure that passengers with disabilities who request
assistance while traveling in air transportation receive
dignified, timely, and effective assistance at airports and on
aircraft from trained personnel; and
(2) review, and if necessary revise, applicable regulations
related to covered air carrier training programs for air carrier
personnel, including contractors, who provide physical
assistance to passengers with disabilities to ensure that
training under such programs--
(A) occurs on an annual schedule for all new and
continuing personnel charged with providing physical
assistance; and
(B) includes, as appropriate, instruction by
personnel, with hands-on training for employees who
physically lift or otherwise physically assist
passengers with disabilities, including the use of
relevant equipment.
(b) Types of Assistance.--The assistance referred to subsection
(a)(1) may include requests for assistance in boarding or deplaning an
aircraft, requests for assistance in connecting between flights, and
other similar or related requests, as appropriate.
SEC. 441. TRANSPARENCY FOR DISABLED PASSENGERS.
The compliance date of the final rule, dated November 2, 2016, on
the reporting of data for mishandled baggage and wheelchairs in aircraft
cargo compartments (81 Fed. Reg. 76300) shall be effective not later
than 60 days after the date of enactment of this Act.
Subtitle C--Small Community Air Service
SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION.
(a) In General.--Section 41742(a)(2) of title 49, United States
Code, is amended by striking ``$150,000,000 for fiscal year 2011'' and
all that follows before ``to carry out'' and inserting ``$155,000,000
for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000
for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000
for fiscal year 2022, and $172,000,000 for fiscal year 2023''.
(b) <<NOTE: 49 USC 41733 note.>> Seasonal Service.--The Secretary
of Transportation may consider the flexibility of current operational
dates and airport accessibility to meet local community needs when
issuing requests for proposal of essential air service at seasonal
airports.
[[Page 132 STAT. 3348]]
SEC. 452. STUDY ON ESSENTIAL AIR SERVICE REFORM.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the effects of section 6 of the
Airport and Airway Extension Act of 2011, Part IV (Public Law
112-27), section 421 of the FAA Modernization and Reform Act of
2012 (Public Law 112-95), and other relevant Federal laws
enacted after 2010, including the amendments made by those laws,
on the Essential Air Service program.
(2) Scope.--In conducting the study under paragraph (1), the
Comptroller General shall analyze, at a minimum--
(A) the impact of each relevant Federal law,
including the amendments made by each law, on the
Essential Air Service program;
(B) what actions communities and air carriers have
taken to reduce ticket prices or increase enplanements
as a result of each law;
(C) the issuance of waivers by the Secretary under
section 41731(e) of title 49, United States Code;
(D) whether budgetary savings resulted from each
law; and
(E) options for further reform of the Essential Air
Service program.
(b) Required Analysis on Communities.--In carrying out subsection
(a)(2)(E) the Comptroller General shall include, for each option for
further reform, an analysis of the impact on local economies of
communities with airports receiving Essential Air Service funding,
access to air travel for residents of rural communities and the impact
to local businesses in such communities.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study conducted
under subsection (a).
SEC. 453. AIR TRANSPORTATION TO NONELIGIBLE PLACES.
(a) Definitions.--Section 41731(a)(1)(A)(ii) of title 49, United
States Code, is amended by striking ``Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century,'' and inserting ``FAA
Extension, Safety, and Security Act of 2016 (Public Law 114-190),''.
(b) Program Sunset.--Section 41736 of title 49, United States Code,
is amended by adding at the end the following:
``(h) Sunset.--
``(1) Proposals.--No proposal under subsection (a) may be
accepted by the Secretary after the date of enactment of this
subsection.
``(2) Program.--The Secretary may not provide any
compensation under this section after the date that is 2 years
after the date of enactment of this subsection.''.
SEC. 454. INSPECTOR GENERAL REVIEW OF SERVICE AND OVERSIGHT OF
UNSUBSIDIZED CARRIERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the inspector general of the Department of Transportation
shall conduct and complete a review of orders issued by the Department
of Transportation from 2005 through the date of enactment of this Act to
determine whether the carriers providing
[[Page 132 STAT. 3349]]
unsubsidized service provided basic essential air service, and whether
the Department conducted sufficient oversight of carriers providing
unsubsidized service to ensure air service quality and community
satisfaction.
(b) Contents.--The review shall include, at a minimum--
(1) a review of the Department's efforts to communicate to
the community served by the unsubsidized carrier on any material
air service changes; and
(2) a review of the Department's efforts to closely monitor
the quality of air service provided by the unsubsidized carrier
and request proposals for basic essential air service if
necessary.
(c) Report.--Not later than 30 days after the date of completion of
the review, the inspector general shall submit to the appropriate
committees of Congress a report on the results of the review.
SEC. 455. SMALL COMMUNITY AIR SERVICE.
(a) Eligibility.--Section 41743(c) of title 49, United States Code,
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Size.--On the date of submission of the relevant
application under subsection (b), the airport serving the
community or consortium--
``(A) is not larger than a small hub airport, as
determined using the Department of Transportation's most
recently published classification; and
``(B) has--
``(i) insufficient air carrier service; or
``(ii) unreasonably high air fares.'';
(2) by striking paragraph (4) and inserting the following:
``(4) Overall limit.--
``(A) In general.--No more than 40 communities or
consortia of communities, or a combination thereof, may
be selected to participate in the program in each year
for which funds are appropriated for the program.
``(B) Same projects.--Except as provided in
subparagraph (C), no community, consortia of
communities, or combination thereof may participate in
the program in support of the same project more than
once in a 10-year period, but any community, consortia
of communities, or combination thereof may apply,
subsequent to such participation, to participate in the
program in support of a different project at any time.
``(C) Exception.--The Secretary may waive the
limitation under subparagraph (B) related to projects
that are the same if the Secretary determines that the
community or consortium spent little or no money on its
previous project or encountered industry or
environmental challenges, due to circumstances that were
reasonably beyond the control of the community or
consortium.'';
(3) in paragraph (5)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the
following:
``(E) the assistance will be used to help restore
scheduled passenger air service that has been
terminated;''.
(b) Authority to Make Agreements.--Section 41743(e)(1) of title 49,
United States Code, is amended by adding at the end
[[Page 132 STAT. 3350]]
the following: ``The Secretary may amend the scope of a grant agreement
at the request of the community or consortium and any participating air
carrier, and may limit the scope of a grant agreement to only the
elements using grant assistance or to only the elements achieved, if the
Secretary determines that the amendment is reasonably consistent with
the original purpose of the project.''
(c) Authorization of Appropriations.--Section 41743(e)(2) of title
49, United States Code, is amended to read as follows:
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $10,000,000 for each of
fiscal years 2018 through 2023 to carry out this section. Such
sums shall remain available until expended.''.
SEC. 456. WAIVERS.
Section 41732 is amended by adding at the end the following:
``(c) Waivers.--Notwithstanding section 41733(e), upon request by an
eligible place, the Secretary may waive, in whole or in part,
subsections (a) and (b) of this section or subsections (a) through (c)
of section 41734. A waiver issued under this subsection shall remain in
effect for a limited period of time, as determined by the Secretary.''.
SEC. 457. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT
ELIGIBILITY.
Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``2018'' and inserting ``2023''.
SEC. 458. REDUCTION IN SUBSIDY-PER-PASSENGER.
Section 426 of the FAA Modernization and Reform Act of 2012 (126
Stat. 98) <<NOTE: 49 USC 41731 note.>> is amended by adding at the end
the following:
``(d) Reduction in Subsidy-per-passenger.--
``(1) In general.--The Secretary shall waive application of
the subsidy-per-passenger cap described under subsection (c) if
the Secretary finds that the community's subsidy-per-passenger
for a fiscal year is lower than the subsidy-per-passenger for
any of the 3 previous fiscal years.
``(2) Exception.--The Secretary shall waive application of
the subsidy-per-passenger cap if the subsidy-per-passenger for a
fiscal year is less than 10 percent higher than the highest
subsidy-per-passenger from any of the 3 previous fiscal years.
The Secretary may only waive application of the subsidy-per-
passenger cap under this paragraph once per community.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to limit the Secretary's ability under
subsection (c) to waive application of the subsidy-per-passenger
cap.''.
TITLE V--MISCELLANEOUS
SEC. 501. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
[[Page 132 STAT. 3351]]
(3) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(4) ADS-B out.--The term ``ADS-B Out'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(5) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(6) Nextgen.--The term ``NextGen'' means the Next Generation
Air Transportation System.
SEC. 502. REPORT ON AIR TRAFFIC CONTROL MODERNIZATION.
(a) FAA Report.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall submit to the appropriate
committees of Congress a report describing the multiyear effort of the
Administration to modernize the air transportation system (in this
section referred to as the ``modernization effort''), including--
(1) the number of years that the modernization effort has
been underway as of the date of the report;
(2) the total amount of money expended on the modernization
effort as of the date of the report (including a description of
how that amount was calculated);
(3) the net present value of the benefits reported from
aircraft operators resulting from the money expended on the
modernization effort as of the date of the report;
(4) a definition for NextGen, including a description of any
changes to that definition that occurred between 2003 and the
date of the report;
(5) the net present value of the money expended on NextGen
as of the date of the report if such money had been deposited
into a Government trust fund instead of being expended on
NextGen;
(6) a description of the benefits promised and benefits
delivered with respect to NextGen as of the date of the report;
(7) any changes to the benefits promised with respect to
NextGen between the date on which NextGen began and the date of
the report;
(8) a description of each program or project that comprises
NextGen, including--
(A) when the program or project was initiated;
(B) the total budget for the program or project;
(C) the initial budget for the program or project;
(D) the acquisition program baseline for the program
or project;
(E) whether the program or project has ever breached
the acquisition program baseline and, if so, a
description of when, why, and how the breach was
resolved;
(F) whether the program or project has been re-
baselined or divided into smaller segments and, if so, a
description of when, why, and the impact to the cost of
the program or project;
(G) the initial schedule for the program or project;
(H) whether the program or project was delayed and,
if so, a description of how long, why, and the impact to
the cost of the program or project;
[[Page 132 STAT. 3352]]
(I) whether the Administration changed any contract
term or deliverable for the program or project and, if
so, a description of the change, why it happened, and
the impact to the cost of the program or project;
(J) benefits promised with respect to the program or
project at initiation;
(K) benefits delivered with respect to the program
or project as of the date of the report;
(L) whether the program or project was cancelled
and, if so, a description of why and when;
(M) for cancelled programs or projects, whether
there were any costs associated with the decision to
cancel and, if so, a description of the amount of the
costs (including for both the Administration and the
private sector);
(N) the metrics, milestones, and deadlines set for
the program or project and how the Administration
tracked and ensured compliance with those metrics,
milestones, and deadlines;
(O) how the Administration conducted oversight of
the program or project and any related stakeholder
collaboration efforts;
(P) the status of the program or project as of the
date of the report; and
(Q) an assessment of the key risks to the full
implementation of the program and a description of how
the Administration is mitigating, or plans to mitigate,
those risks;
(9) the date upon which, or milestone by which, the
Administration anticipates NextGen will be complete; and
(10) any lessons learned during the NextGen effort, and
whether, how, and to what effect those lessons have been
applied.
(b) Inspector General Report.--Not later than 270 days after the
date on which the report required under subsection (a) is submitted, the
inspector general of the Department of Transportation shall review the
report and submit to the appropriate committees of Congress a statement
of the inspector general that--
(1) determines the accuracy of the information reported;
(2) describes any concerns with the accuracy of the
information reported;
(3) summarizes concerns raised by the inspector general, the
Government Accountability Office, and other sources with respect
to the Administration's implementation and oversight of NextGen
since the date on which NextGen began;
(4) describes--
(A) any pertinent recommendations made by the
inspector general related to the Administration's
implementation and oversight of NextGen since the date
on which NextGen began; and
(B) whether and how the Administration addressed the
recommendations; and
(5) provides any other information that the inspector
general determines is appropriate.
SEC. 503. <<NOTE: 49 USC 40101 note.>> RETURN ON INVESTMENT
REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter until the date that each
[[Page 132 STAT. 3353]]
NextGen program has a positive return on investment, the Administrator
shall submit to the appropriate committees of Congress a report on the
status of each NextGen program, including the most recent NextGen
priority list under subsection (c).
(b) Contents.--The report under subsection (a) shall include, for
each NextGen program--
(1) an estimate of the date the program will have a positive
return on investment;
(2) an explanation for any delay in the delivery of expected
benefits from previously published estimates on delivery of such
benefits, in implementing or utilizing the program;
(3) an estimate of the completion date;
(4) an assessment of the long-term and near-term user
benefits of the program for--
(A) the Federal Government; and
(B) the users of the national airspace system; and
(5) a description of how the program directly contributes to
a safer and more efficient air traffic control system.
(c) NextGen Priority List.--Based on the assessment under subsection
(a), the Administrator shall--
(1) develop, in coordination with the NextGen Advisory
Committee and considering the need for a balance between long-
term and near-term user benefits, a prioritization of the
NextGen programs;
(2) annually update the priority list under paragraph (1);
and
(3) prepare budget submissions to reflect the current status
of NextGen programs and projected returns on investment for each
NextGen program.
(d) Definition of Return on Investment.--In this section, the term
``return on investment'' means the cost associated with technologies
that are required by law or policy as compared to the financial benefits
derived from such technologies by a government or a user of airspace.
(e) Repeal of NextGen Priorities.--Section 202 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101
note) and the item relating to that section in the table of contents
under section 1(b) of that Act are repealed.
SEC. 504. <<NOTE: 49 USC 40103 note.>> AIR TRAFFIC CONTROL
OPERATIONAL CONTINGENCY PLANS.
(a) Air Traffic Control Operational Contingency Plans.--Not later
than 1 year after the date of enactment of this Act, the Administrator
shall review the Administration's air traffic control operational
contingency plans (FAA Order JO 1900.47E), and, as the Administrator
considers appropriate, update such plans, to address potential air
traffic facility outages that could have a major impact on the operation
of the national airspace system, including the most recent findings and
recommendations in the report under subsection (c).
(b) Updates.--Not later than 60 days after the date the air traffic
control operational contingency plans are reviewed under subsection (a),
the Administrator shall submit to the appropriate committees of Congress
a report on the review, including any recommendations for ensuring air
traffic facility outages do not have a major impact on the operation of
the national airspace system.
(c) Resiliency Recommendations.--Not later than 180 days after the
date of enactment of this Act, and periodically thereafter
[[Page 132 STAT. 3354]]
as the Administrator considers appropriate, the Administrator shall
convene NextGen program officials to evaluate, expedite, and complete a
report on how planned NextGen capabilities can enhance the resiliency
and continuity of national airspace system operations and mitigate the
impact of future air traffic control disruptions.
SEC. 505. 2020 ADS-B OUT MANDATE PLAN.
The Administrator, in collaboration with the NextGen Advisory
Committee, shall--
(1) not later than 90 days after the date of enactment of
this Act--
(A) identify any known and potential barriers to
compliance with the 2020 ADS-B Out mandate under section
91.225 of title 14, Code of Federal Regulations;
(B) develop a plan to address the known barriers
identified in paragraph (1), including a schedule for--
(i) periodically reevaluating the potential
barriers identified in paragraph (1); and
(ii) developing solutions and implementing
actions to address the known and potential
barriers; and
(C) submit the plan to the appropriate committees of
Congress; and
(2) not later than 90 days after the date the plan is
submitted under paragraph (1), submit to the appropriate
committees of Congress a report on the progress made toward
meeting the 2020 ADS-B Out mandate.
SEC. 506. <<NOTE: 49 USC 44704 note.>> SECURING AIRCRAFT AVIONICS
SYSTEMS.
(a) In General.--The Administrator shall consider, where
appropriate, revising Federal Aviation Administration regulations
regarding airworthiness certification--
(1) to address cybersecurity for avionics systems, including
software components; and
(2) to require that aircraft avionics systems used for
flight guidance or aircraft control be secured against
unauthorized access via passenger in-flight entertainment
systems through such means as the Administrator determines
appropriate to protect the avionics systems from unauthorized
external and internal access.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider the recommendations of the Aircraft Systems
Information Security Protection Working Group under section 2111 of the
FAA Extension Safety and Security Act of 2016 (Public Law 114-190; 130
Stat. 615).
SEC. 507. <<NOTE: 49 USC 40101 note.>> HUMAN FACTORS.
(a) In General.--In order to avoid having to subsequently modify
products and services developed as a part of NextGen, the Administrator
shall--
(1) recognize and incorporate, in early design phases of all
relevant NextGen programs, the human factors and procedural and
airspace implications of stated goals and associated technical
changes; and
(2) ensure that a human factors specialist, separate from
the research and certification groups, is directly involved with
the NextGen approval process.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate
[[Page 132 STAT. 3355]]
committees of Congress a report on the progress made toward implementing
the requirements under subsection (a).
SEC. 508. <<NOTE: 49 USC 40101 note.>> PROGRAMMATIC RISK
MANAGEMENT.
To better inform the Administration's decisions regarding the
prioritization of efforts and allocation of resources for NextGen, the
Administrator shall--
(1) solicit input from specialists in probability and
statistics to identify and prioritize the programmatic and
implementation risks to NextGen; and
(2) develop a method to manage and mitigate the risks
identified in paragraph (1).
SEC. 509. <<NOTE: 49 USC 44903 note.>> REVIEW OF FAA STRATEGIC
CYBERSECURITY PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall initiate a review of the
comprehensive and strategic framework of principles and policies
(referred to in this section as the ``framework'') developed pursuant to
section 2111 of the FAA Extension, Safety, and Security Act of 2016 (49
U.S.C. 44903 note).
(b) Contents.--In undertaking the review under subsection (a), the
Administrator shall--
(1) assess the degree to which the framework identifies and
addresses known cybersecurity risks associated with the aviation
system;
(2) review existing short- and long-term objectives for
addressing cybersecurity risks to the national airspace system;
and
(3) assess the Administration's level of engagement and
coordination with aviation stakeholders and other appropriate
agencies, organizations, or groups with which the Administration
consults to carry out the framework.
(c) Updates.--Upon completion of the review under subsection (a),
the Administrator shall modify the framework, as appropriate, to address
any deficiencies identified by the review.
(d) Report to Congress.--Not later than 180 days after initiating
the review required by subsection (a), the Administrator shall submit to
the appropriate committees of Congress a report on the results of the
review, including a description of any modifications made to the
framework.
SEC. 510. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND
FACILITIES.
(a) Purpose and Input.--Section 804(a) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 44501 note) is amended--
(1) in paragraph (2) by striking ``The purpose of the report
shall be--'' and all that follows through ``(B) to reduce'' and
inserting ``The purpose of the report shall be to reduce''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Input.--The report shall be prepared by the
Administrator (or the Administrator's designee) with the
participation of--
``(A) representatives of labor organizations
representing air traffic control system employees of the
FAA; and
``(B) industry stakeholders.''.
(b) Military Operations Exclusion.--Section 804 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44501 note) is amended--
[[Page 132 STAT. 3356]]
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Military Operations Exclusion.--
``(1) In general.--The Administrator may not realign or
consolidate a combined TRACON and tower with radar facility of
the FAA under this section if, in 2015, the total annual
military operations at the facility comprised at least 40
percent of the total annual TRACON operations at the facility.
``(2) TRACON defined.--In this subsection, the term `TRACON'
means terminal radar approach control.''.
SEC. 511. <<NOTE: 49 USC 106 note.>> FAA REVIEW AND REFORM.
(a) Agency Report.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a detailed analysis of any actions taken to
address the findings and recommendations included in the report required
under section 812(d) of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 106 note), including--
(1) consolidating, phasing-out, or eliminating duplicative
positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete, or
unnecessary functions;
(4) reforming and streamlining inefficient processes so that
the activities of the Administration are completed in an
expedited and efficient manner; and
(5) reforming or eliminating ineffectual or outdated
policies.
(b) Additional Review.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall undertake and complete a
thorough review of each program, office, and organization within the
Administration to identify--
(1) duplicative positions, programs, roles, or offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(4) inefficient processes; and
(5) ineffectual or outdated policies.
(c) Actions To Streamline and Reform FAA.--Not later than 60 days
after the date of completion of the review under subsection (b), the
Administrator shall undertake such actions as may be necessary to
address the findings of the Administrator under such subsection.
(d) Report to Congress.--Not later than 120 days after the date of
completion of the review under subsection (b), the Administrator shall
submit to the appropriate committees of Congress a report on the actions
taken by the Administrator pursuant to subsection (c), including any
recommendations for legislative or administrative actions.
SEC. 512. <<NOTE: 49 USC 40103 note.>> AIR SHOWS.
On an annual basis, the Administrator shall work with
representatives of Administration-approved air shows, the general
aviation community, and stadiums and other large outdoor events and
venues to identify and resolve, to the maximum extent practicable,
scheduling conflicts between Administration-approved air shows and large
outdoor events and venues where--
(1) flight restrictions will be imposed pursuant to section
521 of title V of division F of Public Law 108-199 (118 Stat.
343); or
[[Page 132 STAT. 3357]]
(2) any other restriction will be imposed pursuant to
Federal Aviation Administration Flight Data Center Notice to
Airmen 4/3621 (or any successor notice to airmen).
SEC. 513. <<NOTE: 49 USC 40101 note.>> PART 91 REVIEW, REFORM,
AND STREAMLINING.
(a) Establishment of Task Force.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall establish a task
force comprised of representatives of the general aviation industry who
regularly perform part 91 operations, labor unions (including those
representing FAA aviation safety inspectors and FAA aviation safety
engineers), manufacturers, and the Government to--
(1) conduct an assessment of the FAA oversight and
authorization processes and requirements for aircraft under part
91; and
(2) make recommendations to streamline the applicable
authorization and approval processes, improve safety, and reduce
regulatory cost burdens and delays for the FAA and aircraft
owners and operators who operate pursuant to part 91.
(b) Contents.--In conducting the assessment and making
recommendations under subsection (a), the task force shall consider--
(1) process reforms and improvements to allow the FAA to
review and approve applications in a fair and timely fashion;
(2) the appropriateness of requiring an authorization for
each experimental aircraft rather than using a broader all-
makes-and-models approach;
(3) ways to improve the timely response to letters of
authorization applications for aircraft owners and operators who
operate pursuant to part 91, including setting deadlines and
granting temporary or automatic authorizations if deadlines are
missed by the FAA;
(4) methods for enhancing the effective use of delegation
systems;
(5) methods for training the FAA's field office employees in
risk-based and safety management system oversight; and
(6) such other matters related to streamlining part 91
authorization and approval processes as the task force considers
appropriate.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the task force's assessment.
(2) Contents.--The report shall include an explanation of
how the Administrator will--
(A) implement the recommendations of the task force;
(B) measure progress in implementing the
recommendations; and
(C) measure the effectiveness of the implemented
recommendations.
(d) Implementation of Recommendations.--Not later than 18 months
after the date of enactment of this Act, the Administrator shall
implement the recommendations made under this section.
(e) Definition.--In this section, the term ``part 91'' means part 91
of title 14, Code of Federal Regulations.
[[Page 132 STAT. 3358]]
(f) Applicable Law.--Public Law 92-463 shall not apply to the task
force.
(g) Sunset.--The task force shall terminate on the day the
Administrator submits the report required under subsection (c).
SEC. 514. AIRCRAFT LEASING.
Section 44112(b) of title 49, United States Code, is amended--
(1) by striking ``on land or water''; and
(2) by inserting ``operational'' before ``control''.
SEC. 515. <<NOTE: 49 USC 40101 note.>> PILOTS SHARING FLIGHT
EXPENSES WITH PASSENGERS.
(a) Guidance.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall make publicly
available, in a clear and concise format, advisory guidance that
describes how a pilot may share flight expenses with passengers
in a manner consistent with Federal law, including regulations.
(2) Examples included.--The guidance shall include examples
of--
(A) flights for which pilots and passengers may
share expenses;
(B) flights for which pilots and passengers may not
share expenses;
(C) the methods of communication that pilots and
passengers may use to arrange flights for which expenses
are shared; and
(D) the methods of communication that pilots and
passengers may not use to arrange flights for which
expenses are shared.
(b) Report.--
(1) In general.--Not later than 180 days after the date on
which guidance is made publicly available under subsection (a),
the Comptroller General of the United States shall submit to the
appropriate committees of Congress a report analyzing Federal
policy with respect to pilots sharing flight expenses with
passengers.
(2) Evaluations included.--The report submitted under
paragraph (1) shall include an evaluation of--
(A) the rationale for such Federal policy;
(B) safety and other concerns related to pilots
sharing flight expenses with passengers; and
(C) benefits related to pilots sharing flight
expenses with passengers.
SEC. 516. <<NOTE: 49 USC 44720 note.>> TERMINAL AERODROME
FORECAST.
(a) In General.--The Administrator shall permit a covered air
carrier to operate to or from a location in a noncontiguous State
without a Terminal Aerodrome Forecast or Meteorological Aerodrome Report
if--
(1) such location is determined to be under visual
meteorological conditions;
(2) a current Area Forecast, supplemented by other local
weather observations or reports, is available; and
(3) an alternate airport that has an available Terminal
Aerodrome Forecast and weather report is specified.
(b) Procedures.--A covered air carrier shall--
[[Page 132 STAT. 3359]]
(1) have approved procedures for dispatch or release and
enroute weather evaluation; and
(2) operate under instrument flight rules enroute to the
destination.
(c) Limitation.--Without a written finding of necessity, based on
objective and historical evidence of imminent threat to safety, the
Administrator shall not promulgate any operation specification, policy,
or guidance document pursuant to this section that is more restrictive
than, or requires procedures that are not expressly stated in, the
regulations.
(d) Covered Air Carrier Defined.--In this section, the term
``covered air carrier'' means an air carrier operating in a
noncontiguous State under part 121 of title 14, Code of Federal
Regulations.
SEC. 517. <<NOTE: 49 USC 44703 note.>> PUBLIC AIRCRAFT ELIGIBLE
FOR LOGGING FLIGHT TIMES.
The Administrator shall issue regulations modifying section
61.51(j)(4) of title 14, Code of Federal Regulations, so as to include
aircraft under the direct operational control of forestry and fire
protection agencies as public aircraft eligible for logging flight
times.
SEC. 518. AIRCRAFT REGISTRY OFFICE.
The Administrator shall designate employees at the Aircraft Registry
Office in Oklahoma City, Oklahoma, as excepted employees in the event of
a shutdown or emergency furlough to ensure that the office remains open
for the duration of the lapse in Federal Government appropriations to
the Federal Aviation Administration.
SEC. 519. FAA DATA TRANSPARENCY.
Section 45303 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Data Transparency.--
``(1) Air traffic services initial data report.--
``(A) Initial report.--Not later than 6 months after
the date of enactment of the FAA Reauthorization Act of
2018, the Administrator and the Chief Operating Officer
of the Air Traffic Organization shall, based upon the
most recently available full fiscal year data, complete
the following calculations for each segment of air
traffic services users:
``(i) The total costs allocable to the use of
air traffic services for that segment during such
fiscal year.
``(ii) The total revenues received from that
segment during such fiscal year.
``(B) Validation of model.--
``(i) Review and determination.--Not later
than 3 months after completion of the initial
report required under subparagraph (A), the
inspector general of the Department of
Transportation shall review and determine the
validity of the model used by the Administrator
and the Chief Operating Officer to complete the
calculations required under subparagraph (A).
``(ii) Validation process.--In the event that
the inspector general determines that the model
used by the Administrator and the Chief Operating
Officer to complete the calculations required by
subparagraph (A) is not valid--
[[Page 132 STAT. 3360]]
``(I) the inspector general shall
provide the Administrator and Chief
Operating Officer recommendations on how
to revise the model;
``(II) the Administrator and the
Chief Operating Officer shall complete
the calculations required by
subparagraph (A) utilizing the revised
model and resubmit the revised initial
report required under subparagraph (A)
to the inspector general; and
``(III) not later than 3 months
after completion of the revised initial
report required under subparagraph (A),
the inspector general shall review and
determine the validity of the revised
model used by the Administrator and the
Chief Operating Officer to complete the
calculations required by subparagraph
(A).
``(iii) Access to data.--The Administrator and
the Chief Operating Officer shall provide the
inspector general of the Department of
Transportation with unfettered access to all data
produced by the cost accounting system operated
and maintained pursuant to subsection (e).
``(C) Report to congress.--Not later than 60 days
after completion of the review and receiving a
determination that the model used is valid under
subparagraph (B), the Administrator and the Chief
Operating Officer shall submit to the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on Ways and Means of
the House of Representatives, and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on Finance of the
Senate a report describing the results of the
calculations completed under subparagraph (A).
``(D) Publication.--Not later than 60 days after
submission of the report required under subparagraph
(C), the Administrator and Chief Operating Officer shall
publish the initial report, including any revision
thereto if required as a result of the validation
process for the model.
``(2) Air traffic services biennial data reporting.--
``(A) Biennial data reporting.--Not later than March
31, 2019, and biennially thereafter for 8 years, the
Administrator and the Chief Operating Officer shall,
using the validated model, complete the following
calculations for each segment of air traffic services
users for the most recent full fiscal year:
``(i) The total costs allocable to the use of
the air traffic services for that segment.
``(ii) The total revenues received from that
segment.
``(B) Report to congress.--Not later than 15 days
after completing the calculations under subparagraph
(A), the Administrator and the Chief Operating Officer
shall complete and submit to the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on Ways and Means of
the House of Representatives, and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and
[[Page 132 STAT. 3361]]
the Committee on Finance of the Senate a report
containing the results of such calculations.
``(C) Publication.--Not later than 60 days after
completing the calculations pursuant to subparagraph
(A), the Administrator and the Chief Operating Officer
shall publish the results of such calculations.
``(3) Segments of air traffic services users.--
``(A) In general.--For purposes of this subsection,
each of the following shall constitute a separate
segment of air traffic services users:
``(i) Passenger air carriers conducting
operations under part 121 of title 14, Code of
Federal Regulations.
``(ii) All-cargo air carriers conducting
operations under part 121 of such title.
``(iii) Operators covered by part 125 of such
title.
``(iv) Air carriers and operators of piston-
engine aircraft operating under part 135 of such
title.
``(v) Air carriers and operators of turbine-
engine aircraft operating under part 135 of such
title.
``(vi) Foreign air carriers providing
passenger air transportation.
``(vii) Foreign air carriers providing all-
cargo air transportation.
``(viii) Operators of turbine-engine aircraft
operating under part 91 of such title, excluding
those operating under subpart (K) of such part.
``(ix) Operators of piston-engine aircraft
operating under part 91 of such title, excluding
those operating under subpart (K) of such part.
``(x) Operators covered by subpart (K) of part
91 of such title.
``(xi) Operators covered by part 133 of such
title.
``(xii) Operators covered by part 136 of such
title.
``(xiii) Operators covered by part 137 of such
title.
``(xiv) Operators of public aircraft that
qualify under section 40125.
``(xv) Operators of aircraft that neither take
off from, nor land in, the United States.
``(B) Additional segments.--The Secretary may
identify and include additional segments of air traffic
users under subparagraph (A) as revenue and air traffic
services cost data become available for that additional
segment of air traffic services users.
``(4) Definitions.--For purposes of this subsection:
``(A) Air traffic services.--The term `air traffic
services' means services--
``(i) used for the monitoring, directing,
control, and guidance of aircraft or flows of
aircraft and for the safe conduct of flight,
including communications, navigation, and
surveillance services and provision of
aeronautical information; and
``(ii) provided directly, or contracted for,
by the Federal Aviation Administration.
``(B) Air traffic services user.--The term `air
traffic services user' means any individual or entity
using air traffic services provided directly, or
contracted for, by the
[[Page 132 STAT. 3362]]
Federal Aviation Administration within United States
airspace or international airspace delegated to the
United States.''.
SEC. 520. <<NOTE: 49 USC 40113 note.>> INTRA-AGENCY COORDINATION.
Not later than 120 days after the date of enactment of this Act, the
Administrator shall implement a policy that--
(1) designates the Associate Administrator for Commercial
Space Transportation as the primary liaison between the
commercial space transportation industry and the Administration;
(2) recognizes the necessity of, and set forth processes
for, launch license and permit holder coordination with the Air
Traffic Organization on matters including--
(A) the use of air navigation facilities;
(B) airspace safety; and
(C) planning of commercial space launch and launch
support activities;
(3) designates a single point of contact within the Air
Traffic Organization who is responsible for--
(A) maintaining letters of agreement between a
launch license or permit holder and a Federal Aviation
Administration facility;
(B) making such letters of agreement available to
the Associate Administrator for Commercial Space
Transportation;
(C) ensuring that a facility that has entered into
such a letter of agreement is aware of and fulfills its
responsibilities under the letter; and
(D) liaising between the Air Traffic Organization
and the Associate Administrator for Commercial Space
Transportation on any matter relating to such a letter
of agreement; and
(4) requires the Associate Administrator for Commercial
Space Transportation to facilitate, upon the request of a launch
license or permit holder--
(A) coordination between a launch license and permit
holder and the Air Traffic Organization; and
(B) the negotiation of letters of agreement between
a launch license or permit holder and a Federal Aviation
Administration facility or the Air Traffic Organization.
SEC. 521. ADMINISTRATIVE SERVICES FRANCHISE FUND.
(a) In General.--Not later than 30 days after the date of enactment
of this section, the inspector general of the Department of
Transportation shall initiate an audit of the Administrative Services
Franchise Fund of the FAA (in this section referred to as the
``Franchise Fund'').
(b) Considerations.--In conducting the audit pursuant to subsection
(a), the inspector general shall--
(1) review the history, intended purpose, and objectives of
the Franchise Fund;
(2) describe and assess each program, service, or activity
that uses the Franchise Fund, including--
(A) the agencies or government bodies that use each
program, service, or activity;
[[Page 132 STAT. 3363]]
(B) the number of employees, including full-time
equivalents and contractors, associated with each
program, service, or activity;
(C) the costs associated with the employees
described in subparagraph (B) and the extent to which
such costs are covered by Federal appropriations or
Franchise Fund revenue;
(D) the revenue, expenses, and profits or losses
associated with each program, service, or activity;
(E) overhead rates associated with each program,
service, or activity; and
(F) a breakdown of the revenue collected from
services provided to the FAA, Department of
Transportation, other Federal entities, and non-Federal
entities;
(3) assess the FAA's governance and oversight of the
Franchise Fund and the programs, service, and activities that
use the Franchise Fund, including the use of internal and
publicly available performance metrics;
(4) evaluate the current and historical unobligated and
unexpended balances of the Franchise Fund; and
(5) assess the degree to which FAA policies and controls
associated with the Franchise Fund conform with generally
accepted accounting principles, Federal policies, best
practices, or other guidance relating to revolving funds.
(c) Report.--Not later than 180 days after the date of initiation of
the audit described in subsection (a), the inspector general shall
submit to the appropriate committees of Congress a report on the results
of the audit, including findings and recommendations.
SEC. 522. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST.
(a) Repeal.--Subsection (b) of section 211 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note) is repealed.
(b) <<NOTE: 49 USC 40101 note.>> Requirement.--The Administrator
shall ensure that any regulation issued pursuant to such subsection has
no force or effect.
SEC. 523. CONTRACT WEATHER OBSERVERS.
Section 2306(b) of the FAA Extension, Safety, and Security Act of
2016 (Public Law 114-190; 130 Stat. 641) is amended by striking ``2018''
and inserting ``2023''.
SEC. 524. REGIONS AND CENTERS.
(a) In General.--Section 44507 of title 49, United States Code, is
amended--
(1) by striking the section heading and inserting ``Regions
and centers'';
(2) by striking ``The Civil Aeromedical Institute'' and
inserting the following:
``(a) Civil Aeromedical Institute.--The Civil Aeromedical
Institute''; and
(3) by adding at the end the following:
``(b) William J. Hughes Technical Center.--The Secretary of
Transportation shall define the roles and responsibilities of the
William J. Hughes Technical Center in a manner that is consistent with
the defined roles and responsibilities of the Civil Aeromedical
Institute under subsection (a).''.
[[Page 132 STAT. 3364]]
(b) Clerical Amendment.--The analysis for chapter 445 of title 49,
United States Code, <<NOTE: 49 USC 44501 prec.>> is amended by striking
the item relating to section 44507 and inserting the following:
``44507. Regions and centers.''.
SEC. 525. <<NOTE: 49 USC 40101 note.>> GEOSYNTHETIC MATERIALS.
The Administrator, to the extent practicable, shall encourage the
use of durable, resilient, and sustainable materials and practices,
including the use of geosynthetic materials and other innovative
technologies, in carrying out the activities of the Federal Aviation
Administration.
SEC. 526. NATIONAL AIRMAIL MUSEUM.
(a) Findings.--Congress finds that--
(1) in 1930, commercial airmail carriers began operations at
Smith Field in Fort Wayne, Indiana;
(2) the United States lacks a national museum dedicated to
airmail; and
(3) the airmail hangar at Smith Field in Fort Wayne,
Indiana--
(A) will educate the public on the role of airmail
in aviation history; and
(B) honor the role of the hangar in the history of
the Nation's airmail service.
(b) Designation.--
(1) In general.--The airmail museum located at the Smith
Field in Fort Wayne, Indiana, is designated as the ``National
Airmail Museum''.
(2) Effect of designation.--The national museum designated
by this section is not a unit of the National Park System and
the designation of the National Airmail Museum shall not require
or permit Federal funds to be expended for any purpose related
to that national memorial.
SEC. 527. STATUS OF AGREEMENT BETWEEN FAA AND LITTLE ROCK PORT
AUTHORITY.
(a) Briefing Requirement.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall provide to the
appropriate committees of Congress a briefing on the agreement between
the FAA and the Little Rock Port Authority to relocate the Little Rock
Very High Frequency Omnidirectional Range with Collocated Tactical Air
Control and Navigation (LIT VORTAC).
(b) Briefing Contents.--The briefing required under subsection (a)
shall include the following:
(1) The status of the efforts by the Federal Aviation
Administration to relocate the LIT VORTAC.
(2) The long-term and short-term budget projections for the
relocation project.
(3) A description of and timeline for each phase of the
relocation project.
(4) A description of and explanation for the required
location radius.
(5) A description of work completed by the Federal Aviation
Administration as of the date of the briefing.
[[Page 132 STAT. 3365]]
SEC. 528. BRIEFING ON AIRCRAFT DIVERSIONS FROM LOS ANGELES
INTERNATIONAL AIRPORT TO HAWTHORNE
MUNICIPAL AIRPORT.
Not later than 1 year after the date of the enactment of this Act,
the Administrator shall provide a briefing to appropriate committees of
Congress on diversions of aircraft from Los Angeles International
Airport to Hawthorne Municipal Airport, also known as Jack Northrop
Field, in the City of Hawthorne, California. This briefing shall cover
at least the previous one-year period and include the total number of
aircraft diversions, the average number of diversions per day, the types
of aircraft diverted, and the reasons for the diversions.
SEC. 529. TFR REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act (except as described in subsection (d)), the Administrator
shall submit to the appropriate committees of Congress a report
containing the results of the study described in subsection (b).
(b) Recommendations.--The Administrator shall make recommendations
based on--
(1) an analysis of--
(A) the economic effects of temporary flight
restrictions, particularly temporary flight restrictions
issued pursuant to section 91.141 of title 14, Code of
Federal Regulations, on airports or aviation-related
businesses located or based in an area covered by the
temporary flight restriction; and
(B) potential options and recommendations for
mitigating identified negative economic effects on
airports or aviation-related businesses located or based
in an area frequently covered by a temporary flight
restriction; and
(2) an analysis of the potential for using security
procedures similar to those described in the Maryland Three
Program (allowing properly vetted private pilots to fly to,
from, or between the three general aviation airports closest to
the National Capital Region) during temporary flight
restrictions in the following airports:
(A) Solberg Airport.
(B) Somerset Airport.
(C) Palm Beach County Park Airport (also known as
Lantana Airport).
(c) Collaboration.--In making the recommendations described in
subsection (b), the Administrator shall consult with--
(1) industry stakeholders; and
(2) the head of any other agency that, in the
Administrator's determination, is a stakeholder agency.
(d) Special Deadline.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report containing the results of the portion of
the study described in subsection (b)(1)(A).
SEC. 530. <<NOTE: 49 USC 40103 note.>> AIR TRAFFIC SERVICES AT
AVIATION EVENTS.
(a) Requirement to Provide Services and Related Support.--The
Administrator shall provide air traffic services and aviation safety
support for large, multiday aviation events, including airshows and fly-
ins, where the average daily number of manned
[[Page 132 STAT. 3366]]
operations were 1,000 or greater in at least one of the preceding two
years, without the imposition or collection of any fee, tax, or other
charge for that purpose. Amounts for the provision of such services and
support shall be derived from amounts appropriated or otherwise
available for the Administration.
(b) Determination of Services and Support to Be Provided.--In
determining the services and support to be provided for an aviation
event for purposes of subsection (a), the Administrator shall take into
account the following:
(1) The services and support required to meet levels of
activity at prior events, if any, similar to the event.
(2) The anticipated need for services and support at the
event.
SEC. 531. APPLICATION OF VETERANS' PREFERENCE TO FEDERAL AVIATION
ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
Section 40122(g)(2)(B) of title 49, United States Code, is amended--
(1) by inserting ``3304(f), to the extent consistent with
the Federal Aviation Administration's status as an excepted
service agency,'' before ``3308-3320''; and
(2) by inserting ``3330a, 3330b, 3330c, and 3330d,'' before
``relating''.
SEC. 532. <<NOTE: 49 USC 44701 note.>> CLARIFICATION OF
REQUIREMENTS FOR LIVING HISTORY FLIGHTS.
(a) In General.--Notwithstanding any other law or regulation, in
administering sections 61.113(c), 91.9, 91.315, 91.319(a)(1),
91.319(a)(2), 119.5(g), and 119.21(a) of title 14, Code of Federal
Regulations (or any successor regulations), the Administrator shall
allow an aircraft owner or operator to accept monetary or in-kind
donations for a flight operated by a living history flight experience
provider, if the aircraft owner or operator has--
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the flight, at
the time of inquiry about the flight, that the flight operation
is for charitable purposes and is not subject to the same
requirements as a commercial flight.
(b) Conditions To Ensure Public Safety.--The Administrator,
consistent with current standards of the Administration for such
operations, shall impose minimum standards with respect to training and
flight hours for operations conducted by an owner or operator of an
aircraft providing living history flight experience operations,
including mandating that the pilot in command of such aircraft hold a
commercial pilot certificate with instrument rating and be current and
qualified with respect to all ratings or authorizations applicable to
the specific aircraft being flown to ensure the safety of flight
operations described in subsection (a).
(c) Living History Flight Experience Provider Defined.--In this
section, the term ``living history flight experience provider'' means an
aircraft owner, aircraft operator, or organization that provides,
arranges, or otherwise fosters living history flight experiences for the
purpose of fulfilling its mission.
[[Page 132 STAT. 3367]]
SEC. 533. REVIEW AND REFORM OF FAA PERFORMANCE MANAGEMENT SYSTEM.
(a) Establishment of Advisory Panel.--Not later than 90 days after
the date of enactment of this section, the Secretary of Transportation
shall establish an advisory panel comprising no more than 7 independent,
nongovernmental experts in budget, finance, or personnel management to
review and evaluate the effectiveness of the FAA's personnel management
system and performance management program for employees not covered by
collective bargaining agreements.
(b) Review, Evaluation, and Recommendations.--The advisory panel
shall, at a minimum--
(1) review all appropriate FAA orders, policies, procedures,
guidance, and the Human Resources Policy Manual;
(2) review any applicable reports regarding FAA's personnel
management system, including reports of the Department of
Transportation Office of Inspector General, Government
Accountability Office, and National Academy of Public
Administration, and determine the status of recommendations made
in those reports;
(3) review the personnel management system of any other
agency or governmental entity with a similar system to the FAA
for best practices with regard to personnel management;
(4) assess the unique personnel authorities granted to the
FAA, determine whether the FAA has taken full advantage of those
authorities, and identify those authorities the FAA has not
fully taken advantage of;
(5) review and determine the overall effectiveness of the
FAA's compensation, bonus pay, performance metrics, and
evaluation processes for employees not covered by collective
bargaining agreements;
(6) review whether existing performance metrics and bonus
pay practices align with the FAA's mission and significantly
improve the FAA's provision of air traffic services,
implementation of air traffic control modernization initiatives,
and accomplishment of other FAA operational objectives;
(7) identify the highest, lowest, and average complete
compensation for each position of employees not covered by
collective bargaining agreements;
(8) survey interested parties and stakeholders, including
representatives of the aviation industry, for their views and
recommendations regarding improvements to the FAA's personnel
management system and performance management program;
(9) develop recommendations to address the findings of the
work done pursuant to paragraphs (1) through (7), and to address
views and recommendations raised by interested parties pursuant
to paragraph (8); and
(10) develop recommendations to improve the FAA's personnel
management system and performance management program, including
the compensation, bonus pay, performance metrics, and evaluation
processes, for employees not covered by collective bargaining
agreements.
(c) Report.--Not later than 1 year after initiating the review and
evaluation pursuant to subsection (a), the advisory panel shall submit a
report on the results of the review and evaluation and
[[Page 132 STAT. 3368]]
its recommendations to the Secretary, the Administrator, the appropriate
committees of Congress.
(d) Report to Congress.--Not later than 3 months after submittal of
the report pursuant to subsection (c), the Administrator shall transmit
to the appropriate committees of Congress a report summarizing the
findings of the advisory panel that--
(1) contains an explanation of how the Administrator will
implement the recommendations of the advisory panel and measure
the effectiveness of the recommendations; and
(2) specifies any recommendations that the Administrator
will not implement and the reasons for not implementing such
recommendations.
(e) Sunset.--The advisory panel shall terminate on the date that is
60 days after the transmittal of the report pursuant to subsection (d).
SEC. 534. NEXTGEN DELIVERY STUDY.
(a) Study.--Not later than 180 days after the enactment of this Act,
the inspector general of the Department of Transportation shall initiate
a study of the potential impacts of a significantly delayed,
significantly diminished, or completely failed delivery of the Next
Generation Air Transportation System modernization initiative by the
Federal Aviation Administration, including impacts to the air traffic
control system and the national airspace system as a whole.
(b) Scope of Study.--In carrying out the study under subsection (a),
the inspector general shall assess the Administration's performance
related to the NextGen modernization initiative, including--
(1) the potential impacts on the operational efficiency of
our aviation system;
(2) an analysis of potential economic losses and stranded
investments directly related to NextGen;
(3) an analysis of the potential impacts to our
international competitiveness in aviation innovation;
(4) an analysis of the main differences that would be seen
in our air traffic control system;
(5) the potential impacts on the flying public, including
potential impacts to flight times, fares, and delays in the air
and on the ground;
(6) the effects on supply chains reliant on air
transportation of cargo;
(7) the potential impacts on the long-term benefits promised
by NextGen;
(8) an analysis of the potential impacts on aircraft noise
and flight paths;
(9) the potential changes in separation standards, fuel
consumption, flight paths, block times, and landing procedures
or lack thereof;
(10) the potential impacts on aircraft taxi times and
aircraft emissions or lack thereof;
(11) a determination of the total potential costs and
logistical challenges of the failure of NextGen, including a
comparison of the potential loss of the return on public and
private sector investment related to NextGen, as compared to
other available investment alternatives, between December 12,
2003, and the date of enactment of this Act; and
[[Page 132 STAT. 3369]]
(12) other matters arising in the course of the study.
(c) Report.--Not later than 1 year after the date of initiation of
the study under subsection (a), the inspector general shall submit to
the appropriate committees of Congress a report on the results of the
study.
SEC. 535. STUDY ON ALLERGIC REACTIONS.
Not later than 120 days after the date of enactment of this Act, the
Administrator shall--
(1) study the prevalence of allergic reactions on board
flights, whether airlines universally report reactions to the
Federal Aviation Administration, and the frequency of first aid
inventory checks to ensure medicine to prevent anaphylactic
shock is in an aircraft; and
(2) submit a report to the Committees on Transportation and
Infrastructure, Energy and Commerce, and Appropriations of the
House of Representatives and the Committees on Commerce,
Science, and Transportation, Health, Education, Labor, and
Pensions, and Appropriations of the Senate.
SEC. 536. OXYGEN MASK DESIGN STUDY.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall conduct a study to review and evaluate the design
and effectiveness of commercial aircraft oxygen masks. In conducting the
study, the Administrator shall determine whether the current design of
oxygen masks is adequate, and whether changes to the design could
increase correct passenger usage of the masks.
SEC. 537. AIR CARGO STUDY.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Comptroller General of the United States shall begin a
study of international air cargo services among the United States and
Central American, South American, and Caribbean Basin countries, that--
(1) analyzes the supply of and demand for air cargo
transportation services among the United States and Central
American, South American, and Caribbean Basin countries;
(2) analyzes the supply of and demand for air cargo
transportation services between--
(A) the United States, Central American, South
American, and Caribbean Basin countries; and
(B) African and European countries;
(3) identifies the busiest routes in terms of cargo capacity
and frequency of air service;
(4) identifies any air carrier or foreign air carrier hubs
in Central American, South American, and Caribbean Basin
countries at which a significant amount of air cargo is sorted,
handled, or consolidated for transportation to or from the
United States;
(5) identifies any air carrier or foreign air carrier hubs
in the United States at which a significant amount of air cargo
is sorted, handled, or consolidated for transportation to or
from Central American, South American, and Caribbean Basin
countries.
(6) identifies any significant gaps in the air cargo
services or cargo air carrier networks--
(A) among the countries described in paragraph
(2)(A);
[[Page 132 STAT. 3370]]
(B) between such countries and African countries;
and
(C) between such countries and European countries;
and
(7) assesses the possible impact of the establishment of an
air carrier hub in Puerto Rico at which air cargo is sorted,
handled, or consolidated for transportation to or from the
United States, including the impact on--
(A) the employment rate and economy of Puerto Rico;
(B) domestic and foreign air transportation of
cargo;
(C) United States competitiveness in the air
transportation of cargo;
(D) air cargo operations at other airports in the
United States; and
(E) domestic air carrier employment.
(b) Report.--Not later than 12 months after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study described in
subsection (a).
(c) Definition.--In this section, the term ``Caribbean Basin
countries'' has the same meaning given the term ``Caribbean Basin
country'' in section 501 of the Food for Peace Act (7 U.S.C. 1737).
SEC. 538. SENSE OF CONGRESS ON PREVENTING THE TRANSPORTATION OF
DISEASE-CARRYING MOSQUITOES AND OTHER
INSECTS ON COMMERCIAL AIRCRAFT.
It is the sense of Congress that the Secretary of Transportation and
the Secretary of Agriculture should, in coordination and consultation
with the World Health Organization, develop a framework and guidance for
the use of safe, effective, and nontoxic means of preventing the
transportation of disease-carrying mosquitoes and other insects on
commercial aircraft.
SEC. 539. TECHNICAL CORRECTIONS.
(a) Airport Capacity Enhancement Projects at Congested Airports.--
Section 40104(c) of title 49, United States Code, is amended by striking
``section 47176'' and inserting ``section 47175''.
(b) Passenger Facility Charges.--Section 40117(a)(5) of title 49,
United States Code, is amended by striking ``charge or charge'' and
inserting ``charge''.
(c) Overflights of National Parks.--Section 40128(a)(3) of title 49,
United States Code, is amended by striking ``under part 91 of the title
14,'' and inserting ``under part 91 of title 14,''.
(d) Plans To Address Needs of Families of Passengers Involved in
Foreign Air Carrier Accidents.--Section 41313(c)(16) of title 49, United
States Code, is amended by striking ``An assurance that the foreign air
carrier'' and inserting ``An assurance that''.
(e) Operations of Carriers.--The analysis for chapter 417 of title
49, United States Code, <<NOTE: 49 USC 41701 prec.>> is amended by
striking the item relating to section 41718 and inserting the following:
``41718. Special rules for Ronald Reagan Washington National Airport.''.
(f) Schedules for Certain Transportation of Mail.--Section 41902(a)
of title 49, United States Code, is amended by striking ``section
41906'' and inserting ``section 41905''.
(g) Weighing Mail.--Section 41907 of title 49, United States Code,
is amended by striking ``and'' and all that follows through
``administrative'' and inserting ``and administrative''.
[[Page 132 STAT. 3371]]
(h) Structures Interfering With Air Commerce or National Security.--
Section 44718(b)(1) of title 49, United States Code, is amended--
(1) in the matter preceding subparagraph (A) by striking
``air navigation facilities and equipment'' and inserting ``air
or space navigation facilities and equipment''; and
(2) in subparagraph (A)--
(A) in clause (v) by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the impact on launch and reentry for
launch and reentry vehicles arriving or departing
from a launch site or reentry site licensed by the
Secretary of Transportation; and''.
(i) Flight Attendant Certification.--Section 44728 of title 49,
United States Code, is amended--
(1) in subsection (c), by striking ``chapter'' and inserting
``title''; and
(2) in subsection (d)(3), by striking ``is'' and inserting
``be''.
(j) Fees Involving Aircraft Not Providing Air Transportation.--
Section 45302 of title 49, United States Code, is amended by striking
``44703(f)(2)'' each place it appears and inserting ``44703(g)(2)''.
(k) Schedule of Fees.--Section 45301(a)(1) of title 49, United
States Code, is amended by striking ``United States government'' and
inserting ``United States Government''.
(l) Classified Evidence.--Section 46111(g)(2)(A) of title 49, United
States Code, is amended by striking ``(18 U.S.C. App.)'' and inserting
``(18 U.S.C. App.))''.
(m) Chapter 465.--The analysis for chapter 465 of title 49, United
States Code, <<NOTE: 49 USC 46501 prec.>> is amended by striking the
following item:
``46503. Repealed.''.
(n) Allowable Cost Standards.--Section 47110(b)(2) of title 49,
United States Code, is amended--
(1) in subparagraph (B), by striking ``compatability'' and
inserting ``compatibility''; and
(2) in subparagraph (D)(i), by striking ``climactic'' and
inserting ``climatic''.
(o) Definition of Qualified HUBZone Small Business Concern.--Section
47113(a)(3) of title 49, United States Code, is amended by striking
``(15 U.S.C. 632(o))'' and inserting ``(15 U.S.C. 632(p))''.
(p) Special Apportionment Categories.--Section 47117(e)(1)(B) is
amended by striking ``at least'' and inserting ``At least''.
(q) Solicitation and Consideration of Comments.--Section 47171(l) of
title 49, United States Code, is amended by striking ``4371'' and
inserting ``4321''.
(r) Operations and Maintenance.--Section 48104 is amended by
striking ``(a) Authorization of Appropriations.--the'' and inserting
``The''.
(s) Adjustments to Compensation for Significantly Increased Costs.--
Section 426 of the FAA Modernization and Reform Act of 2012 is amended--
(1) in subsection (a) (49 U.S.C. 41737 note) by striking
``Secretary'' and inserting ``Secretary of Transportation''; and
[[Page 132 STAT. 3372]]
(2) in subsection (c) (49 U.S.C. 41731 note) by striking
``the Secretary may waive'' and inserting ``the Secretary of
Transportation may waive''.
(t) Aircraft Departure Queue Management Pilot Program.--Section
507(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44505
note) is amended by striking ``section 48101(a)'' and inserting
``section 48101(a) of title 49, United States Code,''.
SEC. 540. REPORT ON ILLEGAL CHARTER FLIGHTS.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall submit to the appropriate committees
of Congress an analysis of reports filed during the 10-year period
preceding such date of enactment through the illegal charter hotline of
the FAA and other sources that includes--
(1) what followup action the Department of Transportation or
the Administration takes when a report of illegal charter
operations is received;
(2) how the Department of Transportation or the
Administration decides to allocate resources;
(3) challenges the Department of Transportation or the
Administration face in identifying illegal operators; and
(4) recommendations for improving the efforts of the
Department of Transportation or the Administration to combat
illegal charter carrier operations.
SEC. 541. USE OF NASA'S SUPER GUPPY AIRCRAFT FOR COMMERCIAL
TRANSPORT.
Notwithstanding section 40125 of title 49, United States Code, the
Aero Spacelines Super Guppy Turbine B-377-SGT aircraft, serial number
0004, may be used to provide the transport, for compensation or hire, of
oversized space launch vehicle components or oversized spacecraft
components while continuing to qualify as a public aircraft operation
pursuant to section 40102(a)(41)(A) of title 49, United States Code,
if--
(1) the aircraft is owned and operated by the National
Aeronautics and Space Administration;
(2) commercial operation is limited to operations conducted
wholly in United States airspace; and
(3) no commercially available domestic air transport
alternative exists.
SEC. 542. PROHIBITED AIRSPACE ASSESSMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation, in coordination with
appropriate Federal agencies, shall conduct an assessment on the
security of United States prohibited airspace designated by the Federal
Aviation Administration, with a focus on permanent prohibited airspace
(in this section referred to as ``United States prohibited airspace'').
(b) Minimum Components.--The assessment developed under subsection
(a) shall be unclassified but may contain a classified annex. It shall,
at a minimum, include--
(1) a summary of the number and types of violations of
United States prohibited airspace and historical trends of such
numbers and types;
(2) an assessment of the processes used to establish United
States prohibited airspace;
[[Page 132 STAT. 3373]]
(3) an assessment of manned and unmanned aircraft, current
and future, with the ability to penetrate United States
prohibited airspace undetected;
(4) an assessment of the current and future capabilities of
the United States to mitigate threats to United States
prohibited airspace;
(5) recommendations on how to improve security of United
States prohibited airspace; and
(6) a process to modify section 99.7 of title 14, Code of
Federal Regulations, to expand the Administrator's authority to
establish temporary flight restrictions in cooperation with
State and local law enforcement agencies, or as required for
purposes of national security, homeland security, or law
enforcement support.
SEC. 543. REPORT ON MULTIAGENCY USE OF AIRSPACE AND ENVIRONMENTAL
REVIEW.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator, in consultation with the
Secretary of Defense, shall submit to the covered committees of Congress
a report documenting efforts made toward improving processes to resolve
persistent challenges for special use airspace requests in support of,
or associated with, short notice testing requirements at Major Range and
Test Facility Bases, including the establishment of temporary military
operations areas used for conducting short-term, scheduled exercises.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) Analysis of previous efforts to streamline internal
processes associated with the designation of temporary military
operations areas at Major Range and Test Facility Bases and the
use of such areas for scheduled exercises.
(2) Analysis of progress made to ensure consistency of
environmental review, including impact analysis, associated
environmental studies, or consultation, while complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other environmental requirements.
(3) Identification of challenges, if any, in complying with
the National Environmental Policy Act of 1969.
(4) A description of airspace requirements, current test and
training needs statements completed during the 10-year period
preceding the report, and future 5-year requirements, including
all temporary military operating areas, special use airspaces,
instrument routes, visual routes, and unfulfilled user
requirements.
(5) Proposed options and solutions to overcome identified
challenges, if any, including identifying whether--
(A) a solution or solutions can be incorporated
within the existing Federal Aviation Administration and
Department of Defense Memorandum of Understanding; or
(B) changes to current law are required.
(c) Definitions.--In this section:
(1) Covered committees of congress.--The term ``covered
committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate; and
[[Page 132 STAT. 3374]]
(B) the Committee on Transportation and
Infrastructure and the Committee on Armed Services of
the House of Representatives.
(2) Major range and test facility base.--The term ``Major
Range and Test Facility Base'' has the meaning given the term in
section 196(i) of title 10, United States Code.
(3) Special use airspace.--The term ``special use airspace''
means certain designations of airspace designated by the Federal
Aviation Administration, as administered by the Secretary of
Defense.
SEC. 544. AGENCY PROCUREMENT REPORTING REQUIREMENTS.
Section 40110(d) of title 49, United States Code, is amended by
adding at the end the following:
``(5) Annual report on the purchase of foreign manufactured
articles.--
``(A) Report.--(i) Not later than 90 days after the
end of the fiscal year, the Secretary of Transportation
shall submit a report to Congress on the dollar amount
of acquisitions subject to the Buy American Act made by
the agency from entities that manufacture the articles,
materials, or supplies outside of the United States in
such fiscal year.
``(ii) The report required by clause (i) shall only
include acquisitions with total value exceeding the
micro-purchase level.
``(B) Contents.--The report required by subparagraph
(A) shall separately indicate--
``(i) the dollar value of any articles,
materials, or supplies purchased that were
manufactured outside of the United States; and
``(ii) a summary of the total procurement
funds spent on goods manufactured in the United
States versus funds spent on goods manufactured
outside of the United States.
``(C) Availability of report.--The Secretary shall
make the report under subparagraph (A) publicly
available on the agency's website not later than 30 days
after submission to Congress.''.
SEC. 545. FAA ORGANIZATIONAL REFORM.
(a) Chief Technology Officer.--Section 106(s) of title 49, United
States Code, is amended to read as follows:
``(s) Chief Technology Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief
Technology Officer appointed by the Chief Operating
Officer. The Chief Technology Officer shall report
directly to the Chief Operating Officer.
``(B) Minimum qualifications.--The Chief Technology
Officer shall have--
``(i) at least 10 years experience in
engineering management or another relevant
technical management field; and
``(ii) knowledge of or experience in the
aviation industry.
``(C) Removal.--The Chief Technology Officer shall
serve at the pleasure of the Administrator.
[[Page 132 STAT. 3375]]
``(D) Restriction.--The Chief Technology Officer may
not also be the Deputy Administrator.
``(2) Responsibilities.--The responsibilities of the Chief
Technology Officer shall include--
``(A) ensuring the proper operation, maintenance,
and cybersecurity of technology systems relating to the
air traffic control system across all program offices of
the Administration;
``(B) coordinating the implementation, operation,
maintenance, and cybersecurity of technology programs
relating to the air traffic control system with the
aerospace industry and other Federal agencies;
``(C) reviewing and providing advice to the
Secretary, the Administrator, and the Chief Operating
Officer on the Administration's budget, cost-accounting
system, and benefit-cost analyses with respect to
technology programs relating to the air traffic control
system;
``(D) consulting with the Administrator on the
Capital Investment Plan of the Administration prior to
its submission to Congress;
``(E) developing an annual air traffic control
system technology operation and maintenance plan that is
consistent with the annual performance targets
established under paragraph (4); and
``(F) ensuring that the air traffic control system
architecture remains, to the maximum extent practicable,
flexible enough to incorporate future technological
advances developed and directly procured by aircraft
operators.
``(3) Compensation.--
``(A) In general.--The Chief Technology Officer
shall be paid at an annual rate of basic pay to be
determined by the Administrator, in consultation with
the Chief Operating Officer. The annual rate may not
exceed the annual compensation paid under section 102 of
title 3. The Chief Technology Officer shall be subject
to the postemployment provisions of section 207 of title
18 as if the position of Chief Technology Officer were
described in section 207(c)(2)(A)(i) of that title.
``(B) Bonus.--In addition to the annual rate of
basic pay authorized by subparagraph (A), the Chief
Technology Officer may receive a bonus for any calendar
year not to exceed 30 percent of the annual rate of
basic pay, based upon the Administrator's evaluation of
the Chief Technology Officer's performance in relation
to the performance targets established under paragraph
(4).
``(4) Annual performance targets.--
``(A) In general.--The Administrator and the Chief
Operating Officer, in consultation with the Chief
Technology Officer, shall establish measurable annual
performance targets for the Chief Technology Officer in
key operational areas.
``(B) Report.--The Administrator shall transmit 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 describing the annual performance targets
established under subparagraph (A).
[[Page 132 STAT. 3376]]
``(5) Annual performance report.--The Chief Technology
Officer shall prepare and transmit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the Senate
an annual report containing--
``(A) detailed descriptions and metrics of how
successful the Chief Technology Officer was in meeting
the annual performance targets established under
paragraph (4); and
``(B) other information as may be requested by the
Administrator and the Chief Operating Officer.''.
(b) Conforming Amendments.--
(1) Section 709(a)(3)(L) of the Vision 100-Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note) is amended
by striking ``Chief NextGen Officer'' and inserting ``Chief
Technology Officer''.
(2) Section 804(a)(4)(A) of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 44501 note) is amended by striking
``Chief NextGen Officer'' and inserting ``Chief Technology
Officer''.
SEC. 546. <<NOTE: 49 USC 44701 note.>> FAA CIVIL AVIATION
REGISTRY UPGRADE.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall complete covered upgrades of the Administration's Civil Aviation
Registry (in this section referred to as the ``Registry'').
(b) Covered Upgrade Defined.--In this section, the term ``covered
upgrades'' means--
(1) the digitization of nondigital Registry information,
including paper documents, microfilm images, and photographs,
from an analog or nondigital format to a digital format;
(2) the digitalization of Registry manual and paper-based
processes, business operations, and functions by leveraging
digital technologies and a broader use of digitized data;
(3) the implementation of systems allowing a member of the
public to submit any information or form to the Registry and
conduct any transaction with the Registry by electronic or other
remote means; and
(4) allowing more efficient, broader, and remote access to
the Registry.
(c) Applicability.--The requirements of subsection (a) shall apply
to the entire Civil Aviation Registry, including the Aircraft
Registration Branch and the Airmen Certification Branch.
(d) Manual Surcharge.--Chapter 453 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 45306. <<NOTE: 49 USC 45306.>> Manual surcharge
``(a) In General.--Not later 3 years after the date of enactment of
the FAA Reauthorization Act of 2018, the Administrator shall impose and
collect a surcharge on a Civil Aviation Registry transaction that--
``(1) is conducted in person at the Civil Aviation Registry;
``(2) could be conducted, as determined by the
Administrator, with the same or greater level of efficiency by
electronic or other remote means; and
[[Page 132 STAT. 3377]]
``(3) is not related to research or other non-commercial
activities.
``(b) Maximum Surcharge.--A surcharge imposed and collected under
subsection (a) shall not exceed twice the maximum fee the Administrator
is authorized to charge for the registration of an aircraft, not used to
provide air transportation, after the transfer of ownership under
section 45302(b)(2).
``(c) Credit to Account and Availability.--Monies collected from a
surcharge imposed under subsection (a) shall be treated as monies
collected under section 45302 and subject to the terms and conditions
set forth in section 45302(d).''.
(e) Report.--Not later than 1 year after date of enactment of this
Act, and annually thereafter until the covered upgrades required under
subsection (a) are complete, the Administrator shall submit a report to
the appropriate committees of Congress describing--
(1) the schedule for the covered upgrades to the Registry;
(2) the office responsible for the implementation of the
such covered upgrades;
(3) the metrics being used to measure progress in
implementing the covered upgrades; and
(4) the status of the covered upgrades as of the date of the
report.
SEC. 547. <<NOTE: 49 USC 40103 note.>> ENHANCED AIR TRAFFIC
SERVICES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall establish a pilot program to
provide air traffic control services on a preferential basis to aircraft
equipped with certain NextGen avionics that--
(1) lasts at least 2 years; and
(2) operates in at least 3 suitable airports.
(b) Duration of Daily Service.--The air traffic control services
provided under the pilot program established under subsection (a) shall
occur for at least 3 consecutive hours between 0600 and 2200 local time
during each day of the pilot program.
(c) Airport Selection.--The Administrator shall designate airports
for participation in the pilot program after consultation with aircraft
operators, manufacturers, and airport sponsors.
(d) Definitions.--
(1) Certain nextgen avionics.--The term ``certain NextGen
avionics'' means those avionics and related software designated
by the Administrator after consultations with aircraft operators
and manufacturers.
(2) Preferential basis.--The term ``preferential basis''
means--
(A) prioritizing aircraft equipped with certain
NextGen avionics during a Ground Delay Program by
assigning them fewer minutes of delay relative to other
aircraft based upon principles established after
consultation with aircraft operators and manufacturers;
or
(B) sequencing aircraft equipped with certain
NextGen avionics ahead of other aircraft in the Traffic
Flow Management System to the maximum extent consistent
with safety.
(e) Sunset.--The pilot program established under subsection (a)
shall terminate on September 30, 2023.
[[Page 132 STAT. 3378]]
(f) Report.--Not later than 90 days after the date on which the
pilot program terminates, the Administrator shall submit to the
appropriate committees of Congress a report on the results of the pilot
program.
SEC. 548. SENSE OF CONGRESS ON ARTIFICIAL INTELLIGENCE IN
AVIATION.
It is the sense of Congress that the Administration should, in
consultation with appropriate Federal agencies and industry
stakeholders, periodically review the use or proposed use of artificial
intelligence technologies within the aviation system and assess whether
the Administration needs a plan regarding artificial intelligence
standards and best practices to carry out its mission.
SEC. 549. STUDY ON CYBERSECURITY WORKFORCE OF FAA.
(a) Study.--Not later than 1 year after the date of the enactment of
this Act, the Administrator shall enter into an agreement with the
National Academy of Sciences to conduct a study on the cybersecurity
workforce of the Administration in order to develop recommendations to
increase the size, quality, and diversity of such workforce, including
cybersecurity researchers and specialists.
(b) Report to Congress.--Not later than 180 days after the
completion of the study conducted under subsection (a), the
Administrator shall submit to the appropriate committees of Congress a
report on the results of such study.
SEC. 550. <<NOTE: 49 USC 40101 note.>> TREATMENT OF MULTIYEAR
LESSEES OF LARGE AND TURBINE-POWERED
MULTIENGINE AIRCRAFT.
The Secretary of Transportation shall revise such regulations as may
be necessary to ensure that multiyear lessees and owners of large and
turbine-powered multiengine aircraft are treated equally for purposes of
joint ownership policies of the FAA.
SEC. 551. <<NOTE: 49 USC 44903 note.>> EMPLOYEE ASSAULT
PREVENTION AND RESPONSE PLANS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, each air carrier operating under part 121 of title 14, Code
of Federal Regulations (in this section referred to as a ``part 121 air
carrier''), shall submit to the Administrator for review and acceptance
an Employee Assault Prevention and Response Plan related to the customer
service agents of the air carrier and that is developed in consultation
with the labor union representing such agents.
(b) Contents of Plan.--An Employee Assault Prevention and Response
Plan submitted under subsection (a) shall include the following:
(1) Reporting protocols for air carrier customer service
agents who have been the victim of a verbal or physical assault.
(2) Protocols for the immediate notification of law
enforcement after an incident of verbal or physical assault
committed against an air carrier customer service agent.
(3) Protocols for informing Federal law enforcement with
respect to violations of section 46503 of title 49, United
States Code.
(4) Protocols for ensuring that a passenger involved in a
violent incident with a customer service agent of an air carrier
is not allowed to move through airport security or board
[[Page 132 STAT. 3379]]
an aircraft until appropriate law enforcement has had an
opportunity to assess the incident and take appropriate action.
(5) Protocols for air carriers to inform passengers of
Federal laws protecting Federal, airport, and air carrier
employees who have security duties within an airport.
(c) Employee Training.--A part 121 air carrier shall conduct initial
and recurrent training for all employees, including management, of the
air carrier with respect to the plan required under subsection (a),
which shall include training on de-escalating hostile situations,
written protocols on dealing with hostile situations, and the reporting
of relevant incidents.
(d) Study.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) complete a study of crimes of violence (as defined in
section 16 of title 18, United States Code) committed against
airline customer service representatives while they are
performing their duties and on airport property; and
(2) submit the findings of the study, including any
recommendations, to the appropriate committees of Congress.
(e) Gap Analysis.--The study required under subsection (d) shall
include a gap analysis to determine if State and local laws and
resources are adequate to deter or otherwise address the crimes of
violence described in subsection (a) and recommendations on how to
address any identified gaps.
SEC. 552. STUDY ON TRAINING OF CUSTOMER-FACING AIR CARRIER
EMPLOYEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall conduct a study on
the training received by customer-facing employees of air carriers.
(b) Contents.--The study shall include--
(1) an analysis of the training received by customer-facing
employees with respect to the management of disputes on
aircraft;
(2) an examination of how institutions of higher learning,
in coordination with air carriers, customer-facing employees and
their representatives, consumer advocacy organizations, and
other stakeholders, could--
(A) review such training and related practices;
(B) produce recommendations; and
(C) if determined appropriate, provide supplemental
training; and
(3) the effectiveness of air carriers' Employee Assault
Prevention and Response Plans required under section 551.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report on the results of the study.
SEC. 553. <<NOTE: 49 USC 44720 note.>> AUTOMATED WEATHER
OBSERVING SYSTEMS POLICY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall--
(1) update automated weather observing systems standards to
maximize the use of new technologies that promote the reduction
of equipment or maintenance cost for non-Federal automated
weather observing systems, including the use of remote
monitoring and maintenance, unless demonstrated to be
ineffective;
[[Page 132 STAT. 3380]]
(2) review, and if necessary update, existing policies in
accordance with the standards developed under paragraph (1); and
(3) establish a process under which appropriate onsite
airport personnel or an aviation official may, with appropriate
manufacturer training or alternative training as determined by
the Administrator, be permitted to conduct the minimum triannual
preventative maintenance checks under the advisory circular for
non-Federal automated weather observing systems (AC 150/5220-
16E) and any other similar, successor checks.
(b) Permission.--Permission to conduct the minimum triannual
preventative maintenance checks described under subsection (a)(3) and
any similar, successor checks shall not be withheld but for specific
cause.
(c) Standards.--In updating the standards under subsection (a)(1),
the Administrator shall--
(1) ensure the standards are performance-based;
(2) use risk analysis to determine the accuracy of the
automated weather observing systems outputs required for pilots
to perform safe aircraft operations; and
(3) provide a cost-benefit analysis to determine whether the
benefits outweigh the cost for any requirement not directly
related to safety.
(d) AIP Eligibility of AWOS Equipment.--
(1) In general.--Notwithstanding any other law, the
Administrator is authorized to and shall waive any positive
benefit-cost ratio requirement for automated weather-observing
system equipment under subchapter I of chapter 471, of title 49,
United States Code, if--
(A) the airport sponsor or State, as applicable,
certifies that a grant for such automated weather
observing systems equipment under that chapter will
assist an applicable airport to respond to regional
emergency needs, including medical, firefighting, and
search and rescue needs;
(B) the Secretary determines, after consultation
with the airport sponsor or State, as applicable, that
the placement of automated weather-observing equipment
at the airport will not cause unacceptable radio
frequency congestion; and
(C) the other requirements under that chapter are
met.
(2) Applicability to low population density states.--This
subsection is applicable only to airports located in states with
a population density, based on the most recent decennial census,
of 50 or fewer persons per square mile.
(e) Report.--Not later than September 30, 2025, the Administrator
shall submit to the appropriate committees of Congress a report on the
implementation of the requirements under this section.
SEC. 554. <<NOTE: 49 USC 45105 note.>> PRIORITIZING AND
SUPPORTING THE HUMAN INTERVENTION
MOTIVATION STUDY (HIMS) PROGRAM AND THE
FLIGHT ATTENDANT DRUG AND ALCOHOL PROGRAM
(FADAP).
(a) In General.--The Administration shall continue to prioritize and
support the Human Intervention Motivation Study
[[Page 132 STAT. 3381]]
(HIMS) program for flight crewmembers and the Flight Attendant Drug and
Alcohol Program (FADAP) for flight attendants.
(b) Study and Recommendations.--
(1) In general.--The Secretary of Transportation shall enter
into an agreement with the Transportation Research Board (in
this subsection referred to as the ``Board'') under which the
Board shall--
(A) conduct a study on the Human Intervention
Motivation Study (HIMS) program, the Flight Attendant
Drug and Alcohol Program (FADAP), and any other drug and
alcohol programs within the other modal administrations
within the Department of Transportation;
(B) to the extent justified by the findings from the
study described in subparagraph (A), make
recommendations to the Federal Aviation Administration
and other administrations within the Department of
Transportation on how to implement programs, or changes
to existing programs, that seek to help transportation
workers get treatment for drug and alcohol abuse and
return to work; and
(C) upon the completion of the study described in
subparagraph (A), submit to the appropriate committees
of Congress a report on such study, including the
Board's findings, conclusions, and recommendations.
(2) Requirement.--In conducting the study under paragraph
(1), the Board shall identify--
(A) best policies and practices within existing
programs; and
(B) best prevention, early intervention, and return
to work practices specifically around prescription
medication abuse, with a special emphasis on employee
use of opioids.
SEC. 555. <<NOTE: 41 USC 3101 note prec.>> COST-EFFECTIVENESS
ANALYSIS OF EQUIPMENT RENTAL.
(a) Agency Analysis of Equipment Acquisition.--
(1) In general.--Except as provided for under subsection
(d), the head of each executive agency shall acquire equipment
using the method of acquisition most advantageous to the Federal
Government based on a case-by-case analysis of comparative costs
and other factors, including those factors listed in section
7.401 of the Federal Acquisition Regulation.
(2) Methods of acquisition.--The methods of acquisition to
be compared in the analysis under paragraph (1) shall include,
at a minimum, purchase, short-term rental or lease, long-term
rental or lease, interagency acquisition, and acquisition
agreements with a State or a local government as described in
subsection (c).
(3) Amendment of federal acquisition regulation.--Not later
than 180 days after the date of the enactment of this Act, the
Federal Acquisition Regulatory Council shall amend the Federal
Acquisition Regulation to implement the requirement of this
subsection, including a determination of the factors for
executive agencies to consider for purposes of performing the
analysis under paragraph (1).
(4) Rule of construction.--Nothing in this subsection shall
be construed to affect the requirements of chapter 37 of title
41, United States Code, section 2305 of title 10, United States
Code, or section 1535 of title 31, United States Code.
[[Page 132 STAT. 3382]]
(b) Date of Implementation.--The analysis described in subsection
(a) shall be applied to contracts for the acquisition of equipment
entered into on or after the date that the Federal Acquisition
Regulation is amended pursuant to paragraph (3) of such subsection.
(c) Acquisition Agreements With States or Local Governments.--
(1) In general.--Notwithstanding any other provision of law,
including chapter 37 of title 41, United States Code, the Small
Business Act (15 U.S.C. 631 et seq.), and section 2305 of title
10, United States Code, the head of an executive agency may
enter into an acquisition agreement authorized by this section
directly with a State or a local government if the agency head
determines that the agreement otherwise satisfies the
requirements of subsection (a)(1).
(2) Terms and conditions.--Any agreement under paragraph (1)
shall contain such terms and conditions as the head of the
agency deems necessary or appropriate to protect the interests
of the United States.
(d) Exceptions.--The analysis otherwise required under subsection
(a) is not required--
(1) when the President has issued an emergency declaration
or a major disaster declaration pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.);
(2) in other emergency situations if the agency head makes a
determination that obtaining such equipment is necessary in
order to protect human life or property; or
(3) when otherwise authorized by law.
(e) Study of Agency Analyses.--Not later than 2 years after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Oversight and Government Reform
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a comprehensive report on the
decisions made by the executive agencies with the highest levels of
acquisition spending, and a sample of executive agencies with lower
levels of acquisition spending, to acquire high-value equipment by
lease, rental, or purchase pursuant to subpart 7.4 of the Federal
Acquisition Regulation.
(f) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has the
meaning given that term in section 102 of title 40, United
States Code.
(2) Interagency acquisition.--The term ``interagency
acquisition'' has the meaning given that term in section 2.101
of the Federal Acquisition Regulation.
(3) State.--The term ``State'' has the meaning given the
term in section 6501 of title 31, United States Code.
(4) Local government.--The term ``local government'' means
any unit of local government within a State, including a county,
municipality, city, borough, town, township, parish, local
public authority, school district, special district, intrastate
district, council of governments, or regional or interstate
government entity, and any agency or instrumentality of a local
government.
[[Page 132 STAT. 3383]]
SEC. 556. <<NOTE: 49 USC 44103 note.>> AIRCRAFT REGISTRATION.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall initiate a rulemaking to increase
the duration of aircraft registrations for noncommercial general
aviation aircraft to 7 years.
(b) Considerations.--In promulgating the notice of proposed
rulemaking described in subsection (a), the Administrator may consider
any events, circumstances, changes in any ownership entity or structure,
or other condition that would necessitate renewal prior to the
expiration of an aircraft registration.
SEC. 557. REQUIREMENT TO CONSULT WITH STAKEHOLDERS IN DEFINING
SCOPE AND REQUIREMENTS FOR FUTURE FLIGHT
SERVICE PROGRAM.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall consult with stakeholders in defining the scope and
requirements for any new Future Flight Service Program of the
Administration to be used in a competitive source selection for the next
flight service contract with the Administration.
SEC. 558. <<NOTE: 49 USC 106 note.>> FEDERAL AVIATION
ADMINISTRATION PERFORMANCE MEASURES AND
TARGETS.
(a) Performance Measures.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
performance measures relating to the management of the Administration,
which shall, at a minimum, include measures to assess--
(1) the timely and cost-effective completion of projects;
and
(2) the effectiveness of the Administration in achieving the
goals described in section 47171 of title 49, United States
Code.
(b) Performance Targets.--Not later than 180 days after the date on
which the Secretary establishes performance measures in accordance with
subsection (a), the Secretary shall establish performance targets
relating to each of the measures described in that subsection.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the inspector general of the Department of Transportation
shall submit to the appropriate committees of Congress a report
describing the progress of the Secretary in meeting the performance
targets established under subsection (b).
SEC. 559. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES IN
THE NEW YORK CITY AND NEWARK REGION.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
report on the Administration's staffing and scheduling plans for air
traffic control facilities in the New York City and Newark region for
the 1-year period beginning on such date of enactment.
SEC. 560. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA
METROPOLITAN AREA AIRSPACE PROJECT.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall develop and publish in the Federal Register a work
plan for the New York/New Jersey/Philadelphia Metropolitan Area Airspace
Project.
[[Page 132 STAT. 3384]]
SEC. 561. ANNUAL REPORT ON INCLUSION OF DISABLED VETERAN LEAVE IN
PERSONNEL MANAGEMENT SYSTEM.
Not later than 1 year after the date of enactment of this Act, and
not less frequently than annually there after until the date that is 5
years after the date of enactment of this Act, the Administrator shall
publish on a publicly accessible internet website a report on--
(1) the effect of the amendments made by subsections (a) and
(b) of section 2 of the Federal Aviation Administration Veteran
Transition Improvement Act of 2016 (Public Law 114-242), on the
Administration's work force; and
(2) the number of disabled veterans benefitting from such
subsections.
SEC. 562. <<NOTE: 49 USC 40101 note.>> ENHANCED SURVEILLANCE
CAPABILITY.
Not later than 120 days after the date of enactment of this Act, the
Administrator shall identify and implement a strategy to--
(1) advance near-term and long-term uses of enhanced
surveillance systems, such as space-based ADS-B, within United
States airspace or international airspace delegated to the
United States;
(2) exercise leadership on setting global standards for the
separation of aircraft in oceanic airspace by working with--
(A) foreign counterparts of the Administrator in the
International Civil Aviation Organization and its
subsidiary organizations;
(B) other international organizations and fora; and
(C) the private sector; and
(3) ensure the participation of the Administration in the
analysis of trials of enhanced surveillance systems, such as
space-based ADS-B, performed by foreign air navigation service
providers in North Atlantic airspace.
SEC. 563. ACCESS OF AIR CARRIERS TO INFORMATION ABOUT APPLICANTS
TO BE PILOTS FROM NATIONAL DRIVER
REGISTER.
Section 30305(b)(8) of title 49, United States Code, is amended to
read as follows:
``(8)(A) An individual who is seeking employment by an air
carrier as a pilot may request the chief driver licensing
official of a State to provide information about the individual
under subsection (a) of this section to the prospective employer
of the individual, the authorized agent of the prospective
employer, or the Secretary of Transportation.
``(B) An air carrier that is the prospective employer of an
individual described in subparagraph (A), or an authorized agent
of such an air carrier, may request and receive information
about that individual from the National Driver Register through
an organization approved by the Secretary for purposes of
requesting, receiving, and transmitting such information
directly to the prospective employer of such an individual or
the authorized agent of the prospective employer. This paragraph
shall be carried out in accordance with paragraphs (2) and (11)
of section 44703(h) and the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.).
[[Page 132 STAT. 3385]]
``(C) Information may not be obtained from the National
Driver Register under this paragraph if the information was
entered in the Register more than 5 years before the request
unless the information is about a revocation or suspension still
in effect on the date of the request.''.
SEC. 564. REGULATORY REFORM.
Section 106(p)(5) of title 49, United States Code, is amended--
(1) by striking ``Committee, or'' and inserting
``Committee,''; and
(2) by striking the period at the end and inserting ``, or
such aerospace rulemaking committees as the Secretary shall
designate.''.
SEC. 565. <<NOTE: 49 USC 44714 note.>> AVIATION FUEL.
(a) Use of Unleaded Aviation Gasoline.--The Administrator shall
allow the use of an unleaded aviation gasoline in an aircraft as a
replacement for a leaded gasoline if the Administrator--
(1) determines that the unleaded aviation gasoline qualifies
as a replacement for an approved leaded gasoline;
(2) identifies the aircraft and engines that are eligible to
use the qualified replacement unleaded gasoline; and
(3) adopts a process (other than the traditional means of
certification) to allow eligible aircraft and engines to operate
using qualified replacement unleaded gasoline in a manner that
ensures safety.
(b) Timing.--The Administrator shall adopt the process described in
subsection (a)(3) not later than 180 days after the later of--
(1) the date on which the Administration completes the
Piston Aviation Fuels Initiative; or
(2) the date on which the American Society for Testing and
Materials publishes a production specification for an unleaded
aviation gasoline.
(c) Type Certification.--Existing regulatory mechanisms by which an
unleaded aviation gasoline can be approved for use in an engine or
aircraft by Type or Supplemental Type Certificate for individual
aircraft and engine types or by Approved Model List Supplemental Type
Certificate providing coverage for a broad range of applicable types of
aircraft or engines identified in the application shall continue to be
fully available as a means of approving and bringing an unleaded
aviation gasoline into general use in the United States. Such approvals
shall be issued when the Administrator finds that the aircraft or engine
performs properly and meets the applicable regulations and minimum
standards under the normal certification process.
SEC. 566. <<NOTE: 49 USC 44103 note.>> RIGHT TO PRIVACY WHEN
USING AIR TRAFFIC CONTROL SYSTEM.
Notwithstanding any other provision of law, the Administrator shall,
upon request of a private aircraft owner or operator, block the
registration number of the aircraft of the owner or operator from any
public dissemination or display, except in data made available to a
Government agency, for the noncommercial flights of the owner or
operator.
[[Page 132 STAT. 3386]]
SEC. 567. FEDERAL AVIATION ADMINISTRATION WORKFORCE REVIEW.
(a) In General.--Not later than 120 days after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a review to assess the workforce and training needs of the FAA in the
anticipated budgetary environment.
(b) Contents.--In conducting the review, the Comptroller General
shall--
(1) identify the long-term workforce and training needs of
the FAA workforce;
(2) assess the impact of automation, digitalization, and
artificial intelligence on the FAA workforce;
(3) analyze the skills and qualifications required of the
FAA workforce for successful performance in the current and
future projected aviation environment;
(4) review current performance incentive policies of the
FAA, including awards for performance;
(5) analyze ways in which the FAA can work with industry and
labor, including labor groups representing the FAA workforce, to
establish knowledge-sharing opportunities between the FAA and
the aviation industry regarding new equipment and systems, best
practices, and other areas of interest; and
(6) develop recommendations on the most effective
qualifications, training programs (including e-learning
training), and performance incentive approaches to address the
needs of the future projected aviation regulatory system in the
anticipated budgetary environment.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the review.
SEC. 568. REVIEW OF APPROVAL PROCESS FOR USE OF LARGE AIR TANKERS
AND VERY LARGE AIR TANKERS FOR WILDLAND
FIREFIGHTING.
(a) Review and Improvement of Current Approval Process.--The Chief
of the Forest Service, in consultation with the Administrator, shall
conduct a review of the process used by the Forest Service to approve
the use of large air tankers and very large air tankers for wildland
firefighting for the purpose of--
(1) determining the current effectiveness, safety, and
consistency of the approval process;
(2) developing recommendations for improving the
effectiveness, safety, and consistency of the approval process;
and
(3) assisting in developing standardized next-generation
requirements for air tankers used for firefighting.
(b) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act, the Chief of the Forest Service shall submit to
Congress a report describing the outcome of the review conducted under
subsection (a).
SEC. 569. FAA TECHNICAL WORKFORCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall--
(1) identify and assess barriers to attracting, developing,
training, and retaining a talented workforce in the areas of
[[Page 132 STAT. 3387]]
systems engineering, architecture, systems integration, digital
communications, and cybersecurity;
(2) develop a comprehensive plan to attract, develop, train,
and retain talented individuals in those fields; and
(3) identify existing authorities available to the
Administrator, through personnel reform, to attract, develop,
and retain this talent.
(b) Report.--The Administrator shall submit to the appropriate
committees of Congress a report on the progress made toward implementing
the requirements under subsection (a).
SEC. 570. STUDY ON AIRPORT CREDIT ASSISTANCE.
(a) Review.--
(1) In general.--The Secretary of Transportation shall
conduct a review to determine whether a Federal credit
assistance program would be beneficial and feasible for airport-
related projects as defined in section 40117(a) of title 49,
United States Code.
(2) Considerations.--In carrying out the review under
paragraph (1), the Secretary may consider--
(A) expanding eligibility under an existing Federal
credit assistance program to include such projects; and
(B) establishing a new credit assistance program for
such projects.
(b) Report.--Not later than 270 days after the date of enactment of
this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on the Environment and Public Works of the Senate a report
on the results of the review carried out under subsection (a). The
report shall include a description of--
(1) the benefits and other effects;
(2) potential projects;
(3) the budgetary impacts, including an estimate of--
(A) the average annual loan volume;
(B) the average subsidy rate; and
(C) any loss of Federal revenue;
(4) impacts on existing programs;
(5) the administrative costs; and
(6) any personnel changes.
SEC. 571. SPECTRUM AVAILABILITY.
(a) Findings.--Congress makes the following findings:
(1) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note)
requires the Secretary of Commerce to identify 30 megahertz of
electromagnetic spectrum below the frequency of 3 gigahertz to
be reallocated to non-Federal use, to shared Federal and non-
Federal use, or to a combination thereof.
(2) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note)
authorized the Director of the Office of Management and Budget
to use amounts made available through the Spectrum Relocation
Fund to make payments to Federal entities for research and
development, engineering studies, economic analyses, and other
activities intended to improve the efficiency and effectiveness
of Federal spectrum use in order to make such spectrum available
for reallocation for non-Federal use,
[[Page 132 STAT. 3388]]
for shared Federal and non-Federal use, or for a combination
thereof.
(3) The Federal Aviation Administration, in coordination
with the Department of Commerce, the Department of Defense, and
the Department of Homeland Security, established the Spectrum
Efficient National Surveillance Radar (referred to in this
section as ``SENSR'') Program to assess the feasibility of
consolidating certain long-range, short-range, and weather radar
systems in order to make available the 1300-1350 megahertz band.
(4) The SENSR Program received approval and approximately
$71,500,000 from Office of Management and Budget on June 2,
2017, to proceed with Phase I of the SENSR Spectrum Pipeline
Plan, which will focus on requirements and concept development
as well as documenting expected costs and information for all
impacted Federal spectrum systems.
(b) Sense of Congress.--It is the sense of Congress that the SENSR
Program of the FAA should continue its assessment of the feasibility of
making the 1300-1350 megahertz band of electromagnetic spectrum
available for non-Federal use.
SEC. 572. SPECIAL REVIEW RELATING TO AIR SPACE CHANGES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Federal Aviation Management Advisory Council
established under section 106(p) of title 49, United States Code (in
this section referred to as the ``Council'') shall initiate a special
review of the Federal Aviation Administration.
(b) Review.--The special review of the Administration required under
subsection (a) shall consist of the following:
(1) A review of the practices and procedures of the Federal
Aviation Administration for developing proposals with respect to
changes in regulations, policies, or guidance of the Federal
Aviation Administration relating to airspace that affect airport
operations, airport capacity, the environment, or communities in
the vicinity of airports, including an assessment of the extent
to which there is consultation, or a lack of consultation, with
respect to such proposals--
(A) between and among the affected elements of the
Federal Aviation Administration, including the Air
Traffic Organization, the Office of Airports, the Flight
Standards Service, the Office of NextGen, and the Office
of Energy and Environment; and
(B) between the Federal Aviation Administration and
affected entities, including airports, aircraft
operators, communities, and State and local governments.
(2) Recommendations for revisions to such practices and
procedures to improve communications and coordination between
and among affected elements of the Federal Aviation
Administration and with other affected entities with respect to
proposals described in paragraph (1) and the potential effects
of such proposals.
(c) Consultation.--In conducting the special review, the Council
shall consult with--
(1) air carriers, including passenger and cargo air
carriers;
(2) general aviation, including business aviation and fixed
wing aircraft and rotorcraft;
(3) airports of various sizes and types;
[[Page 132 STAT. 3389]]
(4) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(5) State aviation officials.
(d) Report Required.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the results of the special review
conducted by the Council, including a description of the comments,
recommendations, and dissenting views received from the Council and a
description of how the Administrator plans to implement the
recommendations of the Council.
SEC. 573. REIMBURSEMENT FOR IMMIGRATION INSPECTIONS.
Section 286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)) is amended--
(1) by inserting ``, train,'' after ``commercial aircraft'';
and
(2) by inserting ``, rail line,'' after ``airport''.
SEC. 574. FAA EMPLOYEES IN GUAM.
(a) In General.--The Secretary of Transportation shall use existing
authorities to negotiate an agreement that shall be renegotiated after
no sooner than 3 years with the Secretary of Defense--
(1) to authorize Federal Aviation Administration employees
assigned to Guam, their spouses, and their dependent children
access to Department of Defense health care facilities located
in Guam on a space available basis; and
(2) to provide for payments by the Federal Aviation
Administration to the Department of Defense for the
administrative and any other costs associated with--
(A) enrolling Federal Aviation Administration
employees assigned to Guam, their spouses, and their
dependent children in any Department of Defense health
care facility necessary to allow access pursuant to
paragraph (1); and
(B) third-party billing for any medical costs
incurred as a result of Federal Aviation Administration
employees, their spouses, or their dependent children
accessing and receiving medical treatment or services at
a Department of Defense health care facility located in
Guam.
(b) Funds Subject to Appropriations.--Funds for payments by the
Federal Aviation Administration described in subsection (a)(2) are
subject to the availability of amounts specifically provided in advance
for that purpose in appropriations Acts.
(c) Report on Access to Facilities of the Department of Defense in
Guam.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Transportation and
the Secretary of Defense shall jointly submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Commerce of the Senate, and
the Committee on Transportation and Infrastructure of the House
of Representatives on eligibility for and access to Department
of Defense support facilities by Federal Aviation Administration
employees in the U.S. territory of Guam.
(2) Scope.--The report required under paragraph (1) shall:
[[Page 132 STAT. 3390]]
(A) Evaluate the ability of Department of Defense
support facilities in Guam to adequately serve current
military personnel and dependent populations.
(B) Determine how any substantial increases to
military personnel and dependent populations in Guam
would impact the ability of existing Department of
Defense support facilities to provide services for
military personnel and dependents stationed in Guam.
(C) Provide recommendations on any improvements to
existing Department of Defense facilities which may be
needed to ensure those facilities in Guam can support an
increased population of military personnel and dependent
population in Guam.
(D) Consider the impact of expanded access to
Department of Defense support facilities in Guam to
Federal Aviation Administration employees and their
families on the ability of those facilities to provide
services to military personnel and their families.
(E) Recognize the Federal Aviation Administration's
vital role as the sole provider of radar air traffic
control services for aircraft traversing into and out of
the airspace near and above Guam the vast majority of
which are military operations, Department of Defense
aircraft, or other aircraft traveling to Guam in order
to interact with Department of Defense facilities.
(F) Review the existing authorities authorizing
eligibility and access for non-military personnel and
their dependents to Department of Defense support
facilities, including health care facilities,
commissaries, and exchanges, outside the continental
United States.
(G) Determine the applicability of those existing
authorities to Department of Defense support facilities
in the U.S. territory of Guam.
(H) Outline the specific conditions on Guam, which
may necessitate access to Department of Defense support
facilities in Guam by Federal Aviation Administration
personnel and their families.
(I) Determine any changes in laws or regulations
that may be necessary to authorize Federal Aviation
Administration employees and their families access to
Department of Defense health care facilities,
commissaries, and exchanges in Guam.
SEC. 575. GAO STUDY ON AIRLINE COMPUTER NETWORK DISRUPTIONS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the appropriate
committees of Congress a report containing a review of the following:
(1) Direct and indirect effects on passengers, if any,
resulting from significant computer network disruptions of part
121 (of title 49, Code of Federal Regulations) air carriers
between January 1, 2014, and the date of enactment of this
section, including--
(A) systemwide delays;
(B) flight cancellations; and
(C) disrupted or broken itineraries.
[[Page 132 STAT. 3391]]
(2) An estimate of any expenses incurred by passengers
during significant computer network disruptions, including--
(A) meals, lodging, and ancillary expenses per
persons;
(B) late hotel check-in or car rental fees;
(C) missed cruise-ship departures; and
(D) lost productivity.
(3) Air carriers' contracts of carriage and interline
agreements to determine if and how air carriers accommodate
passengers affected by significant computer network disruptions
on other air carriers or foreign air carriers.
(4) Whether passengers who have been displaced by
significant computer network disruptions are furnished with
alternative transportation aboard another air carrier or foreign
air carrier.
(5) Costs incurred by airports, if any, to meet the
essential needs of passengers, including increased demands on
utilities, food concessionaires, restroom facilities, and
security staffing, during significant computer network
disruptions.
(6) Other costs, if any, incurred by passengers, airports,
and other entities as a direct result of significant computer
network disruptions.
(7) Processes, plans, and redundancies in place at air
carriers to respond to and recover from such network
disruptions.
SEC. 576. TOWER MARKING.
Section 2110 of the FAA Extension, Safety, and Security Act of 2016
(49 U.S.C. 44718 note) is amended to read as follows:
``SEC. 2110. TOWER MARKING.
``(a) Application.--
``(1) In general.--Except as provided by paragraph (2), not
later than 18 months after the date of enactment of the FAA
Reauthorization Act of 2018 or the date of availability of the
database developed by the Administrator pursuant to subsection
(c), whichever is later, all covered towers shall be either--
``(A) clearly marked consistent with applicable
guidance in the advisory circular of the FAA issued
December 4, 2015 (AC 70/7460-IL); or
``(B) included in the database described in
subsection (c).
``(2) Meteorological evaluation tower.--A covered tower that
is a meteorological evaluation tower shall be subject to the
requirements of subparagraphs (A) and (B) of paragraph (1).
``(b) Definitions.--
``(1) In general.--In this section, the following
definitions apply:
``(A) Covered tower.--
``(i) In general.--The term `covered tower'
means a structure that--
``(I) is a meteorological evaluation
tower, a self-standing tower, or tower
supported by guy wires and ground
anchors;
``(II) is 10 feet or less in
diameter at the above-ground base,
excluding concrete footing;
``(III) at the highest point of the
structure is at least 50 feet above
ground level;
[[Page 132 STAT. 3392]]
``(IV) at the highest point of the
structure is not more than 200 feet
above ground level;
``(V) has accessory facilities on
which an antenna, sensor, camera,
meteorological instrument, or other
equipment is mounted; and
``(VI) is located on land that is--
``(aa) in a rural area; and
``(bb) used for agricultural
purposes or immediately adjacent
to such land.
``(ii) Exclusions.--The term `covered tower'
does not include any structure that--
``(I) is adjacent to a house, barn,
electric utility station, or other
building;
``(II) is within the curtilage of a
farmstead or adjacent to another
building or visible structure;
``(III) supports electric utility
transmission or distribution lines;
``(IV) is a wind-powered electrical
generator with a rotor blade radius that
exceeds 6 feet;
``(V) is a street light erected or
maintained by a Federal, State, local,
or tribal entity;
``(VI) is designed and constructed
to resemble a tree or visible structure
other than a tower;
``(VII) is an advertising billboard;
``(VIII) is located within the
right-of-way of a rail carrier,
including within the boundaries of a
rail yard, and is used for a railroad
purpose;
``(IX)(aa) is registered with the
Federal Communications Commission under
the Antenna Structure Registration
program set forth under part 17 of title
47, Code of Federal Regulations; and
``(bb) is determined by the
Administrator to pose no hazard to air
navigation; or
``(X) has already mitigated any
hazard to aviation safety in accordance
with Federal Aviation Administration
guidance or as otherwise approved by the
Administrator.
``(B) Rural area.--The term `rural area' has the
meaning given the term in section 609(a)(5) of the
Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c(a)(5)).
``(C) Agricultural purposes.--The term `agricultural
purposes' means farming in all its branches and the
cultivation and tillage of the soil, the production,
cultivation, growing, and harvesting of any agricultural
or horticultural commodities performed by a farmer or on
a farm, or on pasture land or rangeland.
``(2) Other definitions.--The Administrator shall define
such other terms as may be necessary to carry out this section.
``(c) Database.--The Administrator shall--
``(1) develop a new database, or if appropriate use an
existing database that meets the requirements under this
section, that contains the location and height of each covered
tower that, pursuant to subsection (a), the owner or operator of
such tower elects not to mark (unless the Administrator has
determined that there is a significant safety risk requiring
[[Page 132 STAT. 3393]]
that the tower be marked), except that meteorological evaluation
towers shall be marked and contained in the database;
``(2) keep the database current to the extent practicable;
``(3) ensure that any proprietary information in the
database is protected from disclosure in accordance with law;
``(4) ensure that, by virtue of accessing the database,
users agree and acknowledge that information in the database--
``(A) may only be used for aviation safety purposes;
and
``(B) may not be disclosed for purposes other than
aviation safety, regardless of whether or not the
information is marked or labeled as proprietary or with
a similar designation;
``(5) ensure that the tower information in the database is
de-identified and that the information only includes the
location and height of covered towers and whether the tower has
guy wires;
``(6) ensure that information in the dataset is encrypted at
rest and in transit and is protected from unauthorized access
and acquisition;
``(7) ensure that towers excluded from the definition of
covered tower under subsection (d)(1)(B)(ii)(VIII) must be
registered by its owner in the database;
``(8) ensure that a tower to be included in the database
pursuant to subsection (c)(1) and constructed after the date on
which the database is fully operational is submitted by its
owner to the FAA for inclusion in the database before its
construction;
``(9) ensure that pilots who intend to conduct low-altitude
operations in locations described in subsection (b)(1)(A)(i)(VI)
consult the relevant parts of the database before conducting
such operations; and
``(10) make the database available for use not later than 1
year after the date of enactment of the FAA Reauthorization Act
of 2018.
``(d) Exclusion and Waiver Authorities.--As part of a rulemaking
conducted pursuant to this section, the Administrator--
``(1) may exclude a class, category, or type of tower that
is determined by the Administrator, after public notice and
comment, to not pose a hazard to aviation safety;
``(2) shall establish a process to waive specific covered
towers from the marking requirements under this section as
required under the rulemaking if the Administrator later
determines such tower or towers do not pose a hazard to aviation
safety;
``(3) shall consider, in establishing exclusions and
granting waivers under this subsection, factors that may
sufficiently mitigate risks to aviation safety, such as the
length of time the tower has been in existence or alternative
marking methods or technologies that maintains a tower's level
of conspicuousness to a degree which adequately maintains the
safety of the airspace; and
``(4) shall consider excluding towers located in a State
that has enacted tower marking requirements according to the
Federal Aviation Administration's recommended guidance for the
voluntary marking of meteorological evaluation towers erected in
remote and rural areas that are less than 200 feet above
[[Page 132 STAT. 3394]]
ground level to enhance the conspicuity of the towers for low
level agricultural operations in the vicinity of those towers.
``(e) Periodic Review.--The Administrator shall, in consultation
with the Federal Communications Commission, periodically review any
regulations or guidance regarding the marking of covered towers issued
pursuant to this section and update them as necessary, consistent with
this section, and in the interest of safety of low-altitude aircraft
operations.
``(f) FCC Regulations.--The Federal Communications Commission shall
amend section 17.7 of title 47, Code of Federal Regulations, to require
a notification to the Federal Aviation Administration for any
construction or alteration of an antenna structure, as defined in
section 17.2(a) of title 47, Code of Federal Regulations, that is a
covered tower as defined by this section.''.
SEC. 577. <<NOTE: 49 USC 42301 note prec.>> MINIMUM DIMENSIONS
FOR PASSENGER SEATS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and after providing notice and an opportunity for comment,
the Administrator of the Federal Aviation Administration shall issue
regulations that establish minimum dimensions for passenger seats on
aircraft operated by air carriers in interstate air transportation or
intrastate air transportation, including minimums for seat pitch, width,
and length, and that are necessary for the safety of passengers.
(b) Definitions.--The definitions contained in section 40102(a) of
title 49, United States Code, apply to this section.
SEC. 578. JUDICIAL REVIEW FOR PROPOSED ALTERNATIVE ENVIRONMENTAL
REVIEW AND APPROVAL PROCEDURES.
Section 330 of title 23, United States Code, is amended--
(1) in subsection (a)(2), by striking ``5 States'' and
inserting ``2 States''; and
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``2 years'' and
inserting ``150 days as set forth in section 139(l)'';
and
(B) in paragraph (3)(B)(i), by striking ``2 years''
and inserting ``150 days as set forth in section
139(l)''.
SEC. 579. REGULATORY STREAMLINING.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall issue a final
regulation revising section 121.333(c)(3) of title 14, Code of Federal
Regulations, to apply only to flight altitudes above flight level 410.
SEC. 580. SPACEPORTS.
(a) Sense of Congress on State Spaceport Contributions.--It is the
Sense of Congress that--
(1) State and local government-owned or -operated spaceports
have contributed hundreds of millions of dollars in
infrastructure improvements to the national space launch
infrastructure, providing the United States Government and
commercial customers with world-class space launch and
processing infrastructure that is necessary to support continued
American leadership in space;
(2) State and local government-owned or -operated spaceports
play a critical role in providing resiliency and redundancy
[[Page 132 STAT. 3395]]
in the national launch infrastructure to support national
security and civil government capabilities, and should be
recognized as a critical infrastructure in Federal strategy and
planning;
(3) continued State and local government investments at
launch and reentry facilities should be encouraged and to the
maximum extent practicable supported in Federal policies,
planning and infrastructure investment considerations, including
through Federal, State, and local partnerships;
(4) Federal investments in space infrastructure should
enable partnerships between Federal agencies and state and local
spaceports to modernize and enable expanded 21st century space
transportation infrastructure, especially multi-modal networks
needed for robust space transportation that support national
security, civil, and commercial launch customers; and
(5) States and local governments that have made investments
to build, maintain, operate, and improve capabilities for
national security, civil, and commercial customers should be
commended for their infrastructure contributions to launch and
reentry sites, and encouraged through a variety of programs and
policies to continue these investments in the national interest.
(b) Establishment of Office of Spaceports.--
(1) Establishment of office of spaceports.--Title 51, United
States Code, is amended by adding at the end of subtitle V the
following:
``CHAPTER <<NOTE: 51 USC 51501 prec.>> 515--OFFICE OF SPACEPORTS
``Sec. 51501. <<NOTE: 51 USC 51501.>> Establishment of Office of
Spaceports
``(a) Establishment of Office.--Not later than 90 days after the
date of enactment of this section, the Secretary of Transportation shall
identify, within the Office of Commercial Space Transportation, a
centralized policy office to be known as the Office of Spaceports.
``(b) Functions.--The Office of Spaceports shall--
``(1) support licensing activities for operation of launch
and reentry sites;
``(2) develop policies that promote infrastructure
improvements at spaceports;
``(3) provide technical assistance and guidance to
spaceports;
``(4) promote United States spaceports within the
Department; and
``(5) strengthen the Nation's competitiveness in commercial
space transportation infrastructure and increase resilience for
the Federal Government and commercial customers.
``(c) Recognition.--In carrying out the functions assigned in
subsection (b), the Secretary shall recognize the unique needs and
distinctions of spaceports that host--
``(1) launches to or reentries from orbit; and
``(2) are involved in suborbital launch activities.
``(d) Director.--The head of the Office of the Associate
Administrator for Commercial Space Transportation shall designate a
Director of the Office of Spaceports.
``(e) Definition.--In this section the term `spaceport' means a
launch or reentry site that is operated by an entity licensed by the
Secretary of Transportation.''.
[[Page 132 STAT. 3396]]
(2) Technical and conforming amendment.--The table of
chapters of title 51, United States Code, <<NOTE: 51 USC 10101
prec.>> is amended by adding at the end of subtitle V the
following:
``515. Office of Spaceports.....................................51501''.
(c) Report on National Spaceports Policy.--
(1) Sense of congress.--It is the sense of Congress that--
(A) A robust network of space transportation
infrastructure, including spaceports, is vital to the
growth of the domestic space industry and America's
competitiveness and access to space.
(B) Non-Federal spaceports have significantly
increased the space transportation infrastructure of the
United States through significant investments by State
and local governments, which have encouraged greater
private investment.
(C) These spaceports have led to the development of
a growing number of orbital and suborbital launch and
reentry sites that are available to the national
security, civil, and commercial space customers at
minimal cost to the Federal Government.
(D) The Federal Government, led by the Secretary of
Transportation, should seek to promote the growth,
resilience, and capabilities of this space
transportation infrastructure through policies and
through partnerships with State and local governments.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to Congress a report that--
(A) evaluates the Federal Government's national
security and civil space transportation demands and the
needs of the United States and international commercial
markets;
(B) proposes policies and programs designed to
ensure a robust and resilient orbital and suborbital
spaceport infrastructure to serve and capitalize on
these space transportation opportunities;
(C) reviews the development and investments made by
international competitors in foreign spaceports, to the
extent practicable;
(D) makes recommendations on how the Federal
Government can support, encourage, promote, and
facilitate greater investments in infrastructure at
spaceports; and
(E) considers and makes recommendations about how
spaceports can fully support and enable the national
space policy.
(3) Updates to the report.--Not later than 3 years after the
date of enactment of this Act and every 2 years until December
2024, the Secretary shall--
(A) update the previous report prepared under this
subsection; and
(B) submit the updated report to Congress.
(4) Consultations required.--In preparing the reports
required by this subsection, the Secretary shall consult with
individuals including--
(A) the Secretary of Defense;
(B) the Secretary of Commerce;
[[Page 132 STAT. 3397]]
(C) the Administrator of the National Aeronautics
and Space Administration; and
(D) interested persons at spaceports, State and
local governments, and industry.
(d) Report on Space Transportation Infrastructure Matching Grants.--
(1) GAO study and report.--The Comptroller General of the
United States shall conduct a study regarding spaceport
activities carried out pursuant to chapters 509 and 511 of title
51, United States Code, including--
(A) an assessment of potential mechanisms to provide
Federal support to spaceports, including the airport
improvement program established under subchapter I of
chapter 471 of title 49, United States Code, and the
program established under chapter 511 of title 51,
United States Code;
(B) recommendations for potential funding options;
and
(C) any necessary changes to improve the spaceport
application review process.
(2) Consultation.--In carrying out the study described in
paragraph (1), the Comptroller General shall consult with
sources from each component of the commercial space
transportation sector, including interested persons in industry
and government officials at the Federal, State, and local
levels.
(3) User-funded spaceports.--In reviewing funding options,
the Comptroller General shall distinguish between spaceports
that are funded by users and those that are not.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report containing results of the study conducted
under paragraph (1).
(e) Definition.--In this section, the term ``spaceport'' means a
launch or reentry site that is operated by an entity licensed by the
Secretary of Transportation.
SEC. 581. SPECIAL RULE FOR CERTAIN AIRCRAFT OPERATIONS (SPACE
SUPPORT VEHICLES).
(a) Space Support Vehicle Definitions.--Section 50902 of title 51,
United States Code, is amended--
(1) by redesignating paragraphs (21) through (25) as
paragraphs (23) through (27), respectively; and
(2) by inserting after paragraph (20) the following:
``(21) `space support vehicle flight' means a flight in the
air that--
``(A) is not a launch or reentry; but
``(B) is conducted by a space support vehicle.
``(22) `space support vehicle' means a vehicle that is--
``(A) a launch vehicle;
``(B) a reentry vehicle; or
``(C) a component of a launch or reentry vehicle.''.
(b) Special Rule for Certain Aircraft Operations.--
(1) In general.--Chapter 447, of title 49, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
[[Page 132 STAT. 3398]]
``Sec. 44737. <<NOTE: 49 USC 44737.>> Special rule for certain
aircraft operations.
``(a) In General.--The operator of an aircraft with a special
airworthiness certification in the experimental category may--
``(1) operate the aircraft for the purpose of conducting a
space support vehicle flight (as that term is defined in chapter
50902 of title 51); and
``(2) conduct such flight under such certificate carrying
persons or property for compensation or hire--
``(A) notwithstanding any rule or term of a
certificate issued by the Administrator of the Federal
Aviation Administration that would prohibit flight for
compensation or hire; or
``(B) without obtaining a certificate issued by the
Administrator to conduct air carrier or commercial
operations.
``(b) Limited Applicability.--Subsection (a) shall apply only to a
space support vehicle flight that satisfies each of the following:
``(1) (1) The aircraft conducting the space support vehicle
flight--
``(A) takes flight and lands at a single site that
is operated by an entity licensed for operation under
chapter 509 of title 51;
``(B) is owned or operated by a launch or reentry
vehicle operator licensed under chapter 509 of title 51,
or on behalf of a launch or reentry vehicle operator
licensed under chapter 509 of title 51;
``(C) is a launch vehicle, a reentry vehicle, or a
component of a launch or reentry vehicle licensed for
operations pursuant to chapter 509 of title 51; and
``(D) is used only to simulate space flight
conditions in support of--
``(i) training for potential space flight
participants, government astronauts, or crew (as
those terms are defined in chapter 509 of title
51);
``(ii) the testing of hardware to be used in
space flight; or
``(iii) research and development tasks, which
require the unique capabilities of the aircraft
conducting the flight.
``(c) Rules of Construction.--
``(1) Space support vehicles.--Section 44711(a)(1) shall not
apply to a person conducting a space support vehicle flight
under this section only to the extent that a term of the
experimental certificate under which the person is operating the
space support vehicle prohibits the carriage of persons or
property for compensation or hire.
``(2) Authority of administrator.--Nothing in this section
shall be construed to limit the authority of the Administrator
of the Federal Aviation Administration to exempt a person from a
regulatory prohibition on the carriage of persons or property
for compensation or hire subject to terms and conditions other
than those described in this section''.
(2) Technical amendment.--The table of contents of 447 of
title 49, United States Code, <<NOTE: 49 USC 44701 prec.>> as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 44737. Special rule for certain aircraft operations.''.
[[Page 132 STAT. 3399]]
(3) <<NOTE: 49 USC 44737 note.>> Rule of construction
relating to role of nasa.--Nothing in this subsection shall be
construed as limiting the ability of National Aeronautics and
Space Administration (NASA) to place conditions on or otherwise
qualify the operations of NASA contractors providing NASA
services.
SEC. 582. <<NOTE: 49 USC 44703 note.>> PORTABILITY OF REPAIRMAN
CERTIFICATES.
(a) In General.--The Administrator shall assign to the Aviation
Rulemaking Advisory Committee the task of making recommendations with
respect to the regulatory and policy changes, as appropriate, to allow a
repairman certificate issued under section 65.101 of title 14, Code of
Federal Regulations, to be portable from one employing certificate
holder to another.
(b) Action Based on Recommendations.--Not later than 1 year after
receiving recommendations under subsection (a), the Administrator may
take such action as the Administrator considers appropriate with respect
to those recommendations.
SEC. 583. <<NOTE: 49 USC 44701 note.>> UNDECLARED HAZARDOUS
MATERIALS PUBLIC AWARENESS CAMPAIGN.
(a) In General.--The Secretary of Transportation shall carry out a
public awareness campaign to reduce the amount of undeclared hazardous
materials traveling through air commerce.
(b) Campaign Requirements.--The public awareness campaign required
under subsection (a) shall do the following:
(1) Focus on targeting segments of the hazardous materials
industry with high rates of undeclared shipments through air
commerce and educate air carriers, shippers, manufacturers, and
other relevant stakeholders of such segments on properly
packaging and classifying such shipments.
(2) Educate the public on proper ways to declare and ship
hazardous materials, examples of everyday items that are
considered hazardous materials, and penalties associated with
intentional shipments of undeclared hazardous materials.
(c) Interagency Working Group.--
(1) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish an interagency working group to promote collaboration
and engagement between the Department of Transportation and
other relevant agencies, and develop recommendations and
guidance on how best to conduct the public awareness campaign
required under subsection (a).
(2) Duties.--The interagency working group shall consult
with relevant stakeholders, including cargo air carriers,
passenger air carriers, and labor organizations representing
pilots for cargo and passenger air carriers operating under part
121 of title 14, Code of Federal Regulations.
(d) Update.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall provide to the
appropriate committees of Congress an update on the status of the public
awareness campaign required under subsection (a).
SEC. 584. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY FOR
THE PUBLIC BENEFIT.
Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503)
is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
[[Page 132 STAT. 3400]]
(2) in subsection (a), by striking ``subsections (b) and
(d)'' and inserting ``subsections (b), (c), and (e)''; and
(3) by inserting after subsection (a) the following:
``(b) Liability Protection for Pilots That Fly for Public Benefit.--
Except as provided in subsections (c) and (e), no volunteer of a
volunteer pilot nonprofit organization that arranges flights for public
benefit shall be liable for harm caused by an act or omission of the
volunteer on behalf of the organization if, at the time of the act or
omission, the volunteer--
``(1) was operating an aircraft in furtherance of the
purpose of, and acting within the scope of the volunteer's
responsibilities on behalf of, the nonprofit organization to
provide patient and medical transport (including medical
transport for veterans), disaster relief, humanitarian
assistance, or other similar charitable missions;
``(2) was properly licensed and insured for the operation of
the aircraft;
``(3) was in compliance with all requirements of the Federal
Aviation Administration for recent flight experience; and
``(4) did not cause the harm through willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the volunteer.''; and
(4) in subsection (g)(2), as redesignated, by striking
``(e)'' and inserting ``(f)''.
TITLE VI--AVIATION WORKFORCE
Subtitle A--Youth in Aviation
SEC. 601. STUDENT OUTREACH REPORT.
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall submit to the
appropriate committees of Congress a report that describes the
Administration's existing outreach efforts, such as the STEM Aviation
and Space Education Outreach Program, to elementary and secondary
students who are interested in careers in science, technology,
engineering, art, and mathematics--
(1) to prepare and inspire such students for aviation and
aeronautical careers; and
(2) to mitigate an anticipated shortage of pilots and other
aviation professionals.
SEC. 602. YOUTH ACCESS TO AMERICAN JOBS IN AVIATION TASK FORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish a Youth Access to American Jobs in Aviation Task Force
(in this section referred to as the ``Task Force'').
(b) Duties.--Not later than 12 months after its establishment under
subsection (a), the Task Force shall develop and submit to the
Administrator recommendations and strategies for the Administration to--
(1) facilitate and encourage high school students in the
United States, beginning in their junior year, to enroll in and
[[Page 132 STAT. 3401]]
complete career and technical education courses, including STEM,
that would prepare them to enroll in a course of study related
to an aviation career at an institution of higher education,
including a community college or trade school;
(2) facilitate and encourage the students described in
paragraph (1) to enroll in a course of study related to an
aviation career, including aviation manufacturing, engineering
and maintenance, at an institution of higher education,
including a community college or trade school; and
(3) identify and develop pathways for students who complete
a course of study described in paragraph (2) to secure
registered apprenticeships, workforce development programs, or
careers in the aviation industry of the United States.
(c) Considerations.--When developing recommendations and strategies
under subsection (b), the Task Force shall--
(1) identify industry trends that encourage or discourage
youth in the United States from pursuing careers in aviation;
(2) consider how the Administration; air carriers; aircraft,
powerplant, and avionics manufacturers; aircraft repair
stations; and other aviation stakeholders can coordinate efforts
to support youth in pursuing careers in aviation;
(3) identify methods of enhancing aviation apprenticeships,
job skills training, mentorship, education, and outreach
programs that are exclusive to youth in the United States; and
(4) identify potential sources of government and private
sector funding, including grants and scholarships, that may be
used to carry out the recommendations and strategies described
in subsection (b) and to support youth in pursuing careers in
aviation.
(d) Report.--Not later than 30 days after submission of the
recommendations and strategies under subsection (b), the Task Force
shall submit to the appropriate committees of Congress a report
outlining such recommendations and strategies.
(e) Composition of Task Force.--The Administrator shall appoint
members of the Task Force, including representatives from the following:
(1) Air carriers.
(2) Aircraft, powerplant, and avionics manufacturers.
(3) Aircraft repair stations.
(4) Local educational agencies or high schools.
(5) Institutions of higher education, including community
colleges and aviation trade schools.
(6) Such other aviation and educational stakeholders and
experts as the Administrator considers appropriate.
(f) Period of Appointment.--Members shall be appointed to the Task
Force for the duration of the existence of the Task Force.
(g) Compensation.--Task Force members shall serve without
compensation.
(h) Sunset.--The Task Force shall terminate upon the submittal of
the report pursuant to subsection (d).
(i) Definition of STEM.--The term ``STEM'' means--
(1) science, technology, engineering, and mathematics; and
(2) other career and technical education subjects that build
on the subjects described in paragraph (1).
[[Page 132 STAT. 3402]]
Subtitle B--Women in Aviation
SEC. 611. SENSE OF CONGRESS REGARDING WOMEN IN AVIATION.
It is the sense of Congress that the aviation industry should
explore all opportunities, including pilot training, science,
technology, engineering, and mathematics education, and mentorship
programs, to encourage and support female students and aviators to
pursue a career in aviation.
SEC. 612. SUPPORTING WOMEN'S INVOLVEMENT IN THE AVIATION FIELD.
(a) Advisory Board.--To encourage women and girls to enter the field
of aviation, the Administrator of the Federal Aviation Administration
shall create and facilitate the Women in Aviation Advisory Board
(referred to in this section as the ``Board''), with the objective of
promoting organizations and programs that are providing education,
training, mentorship, outreach, and recruitment of women into the
aviation industry.
(b) Composition.--The Board shall consist of members whose diverse
background and expertise allow them to contribute balanced points of
view and ideas regarding the strategies and objectives set forth in
subsection (f).
(c) Selection.--Not later than 9 months after the date of enactment
of this Act, the Administrator shall appoint members of the Board,
including representatives from the following:
(1) Major airlines and aerospace companies.
(2) Nonprofit organizations within the aviation industry.
(3) Aviation business associations.
(4) Engineering business associations.
(5) United States Air Force Auxiliary, Civil Air Patrol.
(6) Institutions of higher education and aviation trade
schools.
(d) Period of Appointment.--Members shall be appointed to the Board
for the duration of the existence of the Board.
(e) Compensation.--Board members shall serve without compensation.
(f) Duties.--Not later than 18 months after the date of enactment of
this Act, the Board shall present a comprehensive plan for strategies
the Administration can take, which include the following objectives:
(1) Identifying industry trends that directly or indirectly
encourage or discourage women from pursuing careers in aviation.
(2) Coordinating the efforts of airline companies, nonprofit
organizations, and aviation and engineering associations to
facilitate support for women pursuing careers in aviation.
(3) Creating opportunities to expand existing scholarship
opportunities for women in the aviation industry.
(4) Enhancing aviation training, mentorship, education, and
outreach programs that are exclusive to women.
(g) Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Board shall submit a report outlining
the comprehensive plan for strategies pursuant to subsection (f)
to the Administrator and the appropriate committees of Congress.
[[Page 132 STAT. 3403]]
(2) Availability online.--The Administrator shall make the
report publicly available online and in print.
(h) Sunset.--The Board shall terminate upon the submittal of the
report pursuant to subsection (g).
Subtitle C--Future of Aviation Workforce
SEC. 621. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE.
(a) Findings.--Congress finds that--
(1) in 2016, United States air carriers carried a record
high number of passengers on domestic flights, 719 million
passengers;
(2) the United States aerospace and defense industry
employed 1.7 million workers in 2015, or roughly 2 percent of
the Nation's total employment base;
(3) the average salary of an employee in the aerospace and
defense industry is 44 percent above the national average;
(4) in 2015, the aerospace and defense industry contributed
nearly $202.4 billion in value added to the United States
economy;
(5) an effective aviation industry relies on individuals
with unique skill sets, many of which can be directly obtained
through career and technical education opportunities; and
(6) industry and the Federal Government have taken some
actions to attract qualified individuals to careers in aviation
and aerospace and to retain qualified individuals in such
careers.
(b) Sense of Congress.--It is the sense of Congress that--
(1) public and private education institutions should make
available to students and parents information on approved
programs of study and career pathways, including career
exploration, work-based learning opportunities, dual and
concurrent enrollment opportunities, and guidance and advisement
resources;
(2) public and private education institutions should partner
with aviation and aerospace companies to promote career paths
available within the industry and share information on the
unique benefits and opportunities the career paths offer;
(3) aviation companies, including air carriers,
manufacturers, commercial space companies, unmanned aircraft
system companies, and repair stations, should create
opportunities, through apprenticeships or other mechanisms, to
attract young people to aviation and aerospace careers and to
enable individuals to gain the critical skills needed to thrive
in such professions; and
(4) the Federal Government should consider the needs of men
and women interested in pursuing careers in the aviation and
aerospace industry, the long-term personnel needs of the
aviation and aerospace industry, and the role of aviation in the
United States economy in the creation and administration of
educational and financial aid programs.
[[Page 132 STAT. 3404]]
SEC. 622. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE STUDY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
a study--
(1) to evaluate the current and future supply of individuals
in the aviation and aerospace workforce;
(2) to identify the factors influencing the supply of
individuals pursuing a career in the aviation or aerospace
industry, including barriers to entry into the workforce; and
(3) to identify methods to increase the future supply of
individuals in the aviation and aerospace workforce, including
best practices or programs to incentivize, recruit, and retain
young people in aviation and aerospace professions.
(b) Consultation.--The Comptroller General shall conduct the study
in consultation with--
(1) appropriate Federal agencies; and
(2) the aviation and aerospace industry, institutions of
higher education, and labor stakeholders.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to the
appropriate committees of Congress a report on the results of the study
and related recommendations.
SEC. 623. SENSE OF CONGRESS ON HIRING VETERANS.
It is the sense of Congress that the aviation industry, including
certificate holders under parts 121, 135, and 145 of title 14, Code of
Federal Regulations, should hire more of the Nation's veterans.
SEC. 624. <<NOTE: 49 USC 44515 note.>> AVIATION MAINTENANCE
INDUSTRY TECHNICAL WORKFORCE.
(a) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a final rule to modernize training programs
at aviation maintenance technician schools governed by part 147 of title
14, Code of Federal Regulations.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall coordinate with government,
educational institutions, labor organizations representing aviation
maintenance workers, and businesses to develop and publish guidance or
model curricula for aviation maintenance technician schools referred to
in subsection (a) to ensure workforce readiness for industry needs,
including curricula related to training in avionics, troubleshooting,
and other areas of industry needs.
(c) Review and Periodic Updates.--The Administrator shall--
(1) ensure training programs referred to in subsection (a)
are revised and updated in correlation with aviation maintenance
technician airman certification standards as necessary to
reflect current technology and maintenance practices; and
(2) publish updates to the guidance or model curricula
required under subsection (b) at least once every 2 years, as
necessary, from the date of initial publication.
(d) Report to Congress.--If the Administrator does not issue such
final rule by the deadline specified in subsection (a), the
Administrator shall, not later than 30 days after such deadline, submit
to the appropriate committees of Congress a report containing--
[[Page 132 STAT. 3405]]
(1) an explanation as to why such final rule was not issued
by such deadline; and
(2) a schedule for issuing such final rule.
(e) Study.--The Comptroller General of the United States shall
conduct a study on technical workers in the aviation maintenance
industry.
(f) Contents.--In conducting the study under subsection (e), the
Comptroller General shall--
(1) analyze the current Standard Occupational Classification
system with regard to the aviation profession, particularly
technical workers in the aviation maintenance industry;
(2) analyze how changes to the Federal employment
classification of aviation maintenance industry workers might
affect government data on unemployment rates and wages;
(3) analyze how changes to the Federal employment
classification of aviation maintenance industry workers might
affect projections for future aviation maintenance industry
workforce needs and project technical worker shortfalls;
(4) analyze the impact of Federal regulation, including
Federal Aviation Administration oversight of certification,
testing, and education programs, on employment of technical
workers in the aviation maintenance industry;
(5) develop recommendations on how Federal Aviation
Administration regulations and policies could be improved to
modernize training programs at aviation maintenance technical
schools and address aviation maintenance industry needs for
technical workers;
(6) develop recommendations for better coordinating actions
by government, educational institutions, and businesses to
support workforce growth in the aviation maintenance industry;
and
(7) develop recommendations for addressing the needs for
government funding, private investment, equipment for training
purposes, and other resources necessary to strengthen existing
training programs or develop new training programs to support
workforce growth in the aviation industry.
(g) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study.
(h) Definitions.--In this section, the following definitions apply:
(1) Aviation maintenance industry.--The term ``aviation
maintenance industry'' means repair stations certificated under
part 145 of title 14, Code of Federal Regulations.
(2) Technical worker.--The term ``technical worker'' means
an individual authorized under part 43 of title 14, Code of
Federal Regulations, to maintain, rebuild, alter, or perform
preventive maintenance on an aircraft, airframe, aircraft
engine, propeller, appliance, or component part or employed by
an entity so authorized to perform such a function.
SEC. 625. <<NOTE: 49 USC 40101 note.>> AVIATION WORKFORCE
DEVELOPMENT PROGRAMS.
(a) In General.--The Secretary of Transportation shall establish--
(1) a program to provide grants for eligible projects to
support the education of future aircraft pilots and the
development of the aircraft pilot workforce; and
[[Page 132 STAT. 3406]]
(2) a program to provide grants for eligible projects to
support the education and recruitment of aviation maintenance
technical workers and the development of the aviation
maintenance workforce.
(b) Project Grants.--
(1) In general.--Out of amounts made available under section
48105 of title 49, United States Code, not more than $5,000,000
for each of fiscal years 2019 through 2023 is authorized to be
expended to provide grants under the program established under
subsection (a)(1), and $5,000,000 for each of fiscal years 2019
through 2023 is authorized to provide grants under the program
established under subsection (a)(2).
(2) Dollar amount limit.--Not more than $500,000 shall be
available for any 1 grant in any 1 fiscal year under the
programs established under subsection (a).
(c) Eligible Applications.--
(1) An application for a grant under the program established
under subsection (a)(1) shall be submitted, in such form as the
Secretary may specify, by--
(A) an air carrier, as defined in section 40102 of
title 49, United States Code, or a labor organization
representing aircraft pilots;
(B) an accredited institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) or a high school or secondary
school (as defined in section 7801 of the Higher
Education Act of 1965 (20 U.S.C. 7801));
(C) a flight school that provides flight training,
as defined in part 61 of title 14, Code of Federal
Regulations, or that holds a pilot school certificate
under part 141 of title 14, Code of Federal Regulations;
or
(D) a State or local governmental entity.
(2) An application for a grant under the pilot program
established under subsection (a)(2) shall be submitted, in such
form as the Secretary may specify, by--
(A) a holder of a certificate issued under part 21,
121, 135, or 145 of title 14, Code of Federal
Regulations or a labor organization representing
aviation maintenance workers;
(B) an accredited institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) or a high school or secondary
school (as defined in section 7801 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801); and
(C) a State or local governmental entity.
(d) Eligible Projects.--
(1) For purposes of the program established under subsection
(a)(1), an eligible project is a project--
(A) to create and deliver curriculum designed to
provide high school students with meaningful aviation
education that is designed to prepare the students to
become aircraft pilots, aerospace engineers, or unmanned
aircraft systems operators; or
(B) to support the professional development of
teachers using the curriculum described in subparagraph
(A).
(2) For purposes of the pilot program established under
subsection (a)(2), an eligible project is a project--
[[Page 132 STAT. 3407]]
(A) to establish new educational programs that teach
technical skills used in aviation maintenance, including
purchasing equipment, or to improve existing such
programs;
(B) to establish scholarships or apprenticeships for
individuals pursuing employment in the aviation
maintenance industry;
(C) to support outreach about careers in the
aviation maintenance industry to--
(i) primary, secondary, and post-secondary
school students; or
(ii) to communities underrepresented in the
industry;
(D) to support educational opportunities related to
aviation maintenance in economically disadvantaged
geographic areas;
(E) to support transition to careers in aviation
maintenance, including for members of the Armed Forces;
or
(F) to otherwise enhance aviation maintenance
technical education or the aviation maintenance industry
workforce.
(e) Grant Application Review.--In reviewing and selecting
applications for grants under the programs established under subsection
(a), the Secretary shall--
(1) prior to selecting among competing applications,
consult, as appropriate, with representatives of aircraft repair
stations, design and production approval holders, air carriers,
labor organizations, business aviation, general aviation,
educational institutions, and other relevant aviation sectors;
and
(2) ensure that the applications selected for projects
established under subsection (a)(1) will allow participation
from a diverse collection of public and private schools in
rural, suburban, and urban areas.
Subtitle D--Unmanned Aircraft Systems Workforce
SEC. 631. <<NOTE: 49 USC 40101 note.>> COMMUNITY AND TECHNICAL
COLLEGE CENTERS OF EXCELLENCE IN SMALL
UNMANNED AIRCRAFT SYSTEM TECHNOLOGY
TRAINING.
(a) Designation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Education and the Secretary of Labor, shall
establish a process to designate consortia of public, 2-year
institutions of higher education as Community and Technical College
Centers of Excellence in Small Unmanned Aircraft System Technology
Training (in this section referred to as the ``Centers of Excellence'').
(b) Functions.--A Center of Excellence designated under subsection
(a) shall have the capacity to train students for career opportunities
in industry and government service related to the use of small unmanned
aircraft systems.
(c) Education and Training Requirements.--In order to be designated
as a Center of Excellence under subsection (a), a consortium shall be
able to address education and training requirements
[[Page 132 STAT. 3408]]
associated with various types of small unmanned aircraft systems,
components, and related equipment, including with respect to--
(1) multirotor and fixed-wing small unmanned aircraft;
(2) flight systems, radio controllers, components, and
characteristics of such aircraft;
(3) routine maintenance, uses and applications, privacy
concerns, safety, and insurance for such aircraft;
(4) hands-on flight practice using small unmanned aircraft
systems and computer simulator training;
(5) use of small unmanned aircraft systems in various
industry applications and local, State, and Federal government
programs and services, including in agriculture, law
enforcement, monitoring oil and gas pipelines, natural disaster
response and recovery, fire and emergency services, and other
emerging areas;
(6) Federal policies concerning small unmanned aircraft;
(7) dual credit programs to deliver small unmanned aircraft
training opportunities to secondary school students; or
(8) training with respect to sensors and the processing,
analyzing, and visualizing of data collected by small unmanned
aircraft.
(d) Collaboration.--Each Center of Excellence shall seek to
collaborate with institutions participating in the Alliance for System
Safety of UAS through Research Excellence of the Federal Aviation
Administration and with the test ranges defined under section 44801 of
title 49, United States Code, as added by this Act.
(e) Institution of Higher Education.--In this section, the term
``institution of higher education'' has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 632. <<NOTE: 49 USC 40101 note.>> COLLEGIATE TRAINING
INITIATIVE PROGRAM FOR UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish a collegiate training initiative program relating to
unmanned aircraft systems by making new agreements or continuing
existing agreements with institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under
which the institutions prepare students for careers involving unmanned
aircraft systems. The Administrator may establish standards for the
entry of such institutions into the program and for their continued
participation in the program.
(b) Unmanned Aircraft System Defined.--In this section, the term
``unmanned aircraft system'' has the meaning given that term by section
44801 of title 49, United States Code, as added by this Act.
[[Page 132 STAT. 3409]]
TITLE <<NOTE: FAA Leadership in Groundbreaking High-Tech Research and
Development Act.>> VII--FLIGHT R&D ACT
Subtitle A--General Provisions
SEC. 701. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This title may be cited as the ``FAA Leadership in Groundbreaking
High-Tech Research and Development Act'' or the ``FLIGHT R&D Act''.
SEC. 702. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--Section 48102(a) of title 49, United States
Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``and, for each of fiscal years 2012 through 2015, under
subsection (g)'';
(2) in paragraph (9), by striking ``and'' at the end; and
(3) by striking paragraph (10) and inserting the following:
``(10) $189,000,000 for fiscal year 2018;
``(11) $194,000,000 for fiscal year 2019;
``(12) $199,000,000 for fiscal year 2020;
``(13) $204,000,000 for fiscal year 2021;
``(14) $209,000,000 for fiscal year 2022; and
``(15) $214,000,000 for fiscal year 2023.''.
(b) Research Priorities.--Section 48102(b) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``consider'' and inserting
``prioritize safety in considering'';
(2) by striking paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following:
``(2) As safety related activities shall be the highest
research priority, at least 70 percent of the amount
appropriated under subsection (a) of this section shall be for
safety research and development projects.''.
(c) Annual Submission of the National Aviation Research Plan.--
Section 48102(g) of title 49, United States Code, is amended to read as
follows:
``(g) Annual Submission of the National Aviation Research Plan.--The
Administrator shall submit the national aviation research plan to
Congress no later than the date of submission of the President's budget
request to Congress for that fiscal year, as required under section
44501(c).''.
[[Page 132 STAT. 3410]]
Subtitle B--FAA Research and Development Organization
SEC. 711. <<NOTE: 49 USC 106 note.>> ASSISTANT ADMINISTRATOR FOR
RESEARCH AND DEVELOPMENT.
(a) Appointment.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall appoint an Assistant
Administrator for Research and Development.
(b) Responsibilities.--The Assistant Administrator for Research and
Development shall, at a minimum, be responsible for--
(1) management and oversight of all the FAA's research and
development programs and activities; and
(2) production of all congressional reports from the FAA
relevant to research and development, including the national
aviation research plan required under section 44501(c) of title
49, United States Code.
(c) Dual Appointment.--The Assistant Administrator for Research and
Development may be a dual-appointment, holding the responsibilities of
another Assistant Administrator.
SEC. 712. RESEARCH ADVISORY COMMITTEE.
(a) Advice and Recommendations.--Section 44508(a)(1)(A) of title 49,
United States Code, is amended to read as follows:
``(A) provide advice and recommendations to the
Administrator of the Federal Aviation Administration and
Congress about needs, objectives, plans, approaches, content,
and accomplishments of all aviation research and development
activities and programs carried out, including those under
sections 40119, 44504, 44505, 44507, 44511-44513, and 44912 of
this title;''.
(b) Written Reply to Research Advisory Committee.--Section 44508 of
title 49, United States Code, is amended by adding at the end the
following:
``(f) Written Reply.--
``(1) In general.--Not later than 60 days after receiving
any recommendation from the research advisory committee, the
Administrator shall provide a written reply to the research
advisory committee that, at a minimum--
``(A) clearly states whether the Administrator
accepts or rejects the recommendation;
``(B) explains the rationale for the Administrator's
decision;
``(C) sets forth the timeframe in which the
Administrator will implement the recommendation; and
``(D) describes the steps the Administrator will
take to implement the recommendation.
``(2) Transparency.--The written reply to the research
advisory committee, when transmitted to the research advisory
committee, shall be--
``(A) made publicly available on the research
advisory committee website; and
``(B) transmitted to the Committee on Science,
Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate.
[[Page 132 STAT. 3411]]
``(3) National aviation research plan.--The national
aviation research plan required under section 44501(c) shall
include a summary of all research advisory committee
recommendations and a description of the status of their
implementation.''.
Subtitle C--Unmanned Aircraft Systems
SEC. 721. <<NOTE: 49 USC 44802 note.>> UNMANNED AIRCRAFT SYSTEMS
RESEARCH AND DEVELOPMENT ROADMAP.
The Secretary shall submit the unmanned aircraft systems roadmap to
Congress on an annual basis as required under section 48802(a) of title
49, United States Code, as added by this Act.
Subtitle D--Cybersecurity and Responses to Other Threats
SEC. 731. <<NOTE: 49 USC 40101 note.>> CYBER TESTBED.
Not later than 6 months after the date of enactment of this Act, the
Administrator shall develop an integrated Cyber Testbed for research,
development, evaluation, and validation of air traffic control
modernization technologies, before they enter the national airspace
system, as being compliant with FAA data security regulations. The Cyber
Testbed shall be part of an integrated research and development test
environment capable of creating, identifying, defending, and solving
cybersecurity-related problems for the national airspace system. This
integrated test environment shall incorporate integrated test capacities
within the FAA related to the national airspace system and NextGen.
SEC. 732. STUDY ON THE EFFECT OF EXTREME WEATHER ON AIR TRAVEL.
(a) Study Required.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the National Oceanic and
Atmospheric Administration and the Administrator of the Federal Aviation
Administration shall jointly complete a study on the effect of extreme
weather on commercial air travel.
(b) Elements.--The study required by subsection (a) shall include
assessment of the following:
(1) Whether extreme weather may result in an increase in
turbulence.
(2) The effect of extreme weather on current commercial air
routes.
(3) The effect of extreme weather on domestic airports, air
traffic control facilities, and associated facilities.
Subtitle E--FAA Research and Development Activities
SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW TECHNOLOGIES
INTO THE NATIONAL AIRSPACE SYSTEM.
Not later than 1 year after the date of enactment of this Act, the
Administrator, in consultation with NASA, shall transmit
[[Page 132 STAT. 3412]]
a comprehensive research plan for the certification of new technologies
into the national airspace system to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate. This plan shall
identify research necessary to support the certification and
implementation of NextGen, including both ground and air elements, and
explain the plan's relationship to other activities and procedures
required for certification and implementation of new technologies into
the national airspace system. This plan shall be informed by the
recommendations of the National Research Council report titled
``Transformation in the Air--A Review of the FAA Research Plan'', issued
on June 8, 2015. This plan shall include, at a minimum--
(1) a description of the strategic and prescriptive value of
the research plan;
(2) an explanation of the expected outcomes from executing
the plan;
(3) an assessment of the FAA's plan to use research and
development to improve cybersecurity over the next 5 years;
(4) an assessment of the current software assurance
practices, and the desired level or attributes to target in the
software assurance program; and
(5) best practices in research and development used by other
organizations, such as NASA, NavCanada, and Eurocontrol.
SEC. 742. TECHNOLOGY REVIEW.
(a) Review.--
(1) In general.--The Administrator of the Federal Aviation
Administration, in coordination with the Administrator of the
National Aeronautics and Space Administration, shall conduct a
review of current and planned research on the use of advanced
aircraft technologies, innovative materials, alternative fuels,
additive manufacturing, and novel aircraft designs, to increase
aircraft fuel efficiency.
(2) Summaries.--The review conducted under paragraph (1)
shall include summaries of projects and missions to examine--
(A) the effectiveness of such technologies,
materials, fuels, and aircraft designs to enhance fuel
efficiency and aerodynamic performance, and reduce drag,
weight, noise, and fuel consumption; and
(B) the potential for novel flight pattern planning
and communications systems to reduce aircraft taxiing
and airport circling.
(3) Recommendations.--The review conducted under paragraph
(1) shall identify potential opportunities for additional
research and development, public or private, to increase
aircraft fuel efficiency.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration shall
submit to the appropriate committees of Congress a report containing the
results of the review conducted under subsection (a).
[[Page 132 STAT. 3413]]
SEC. 743. CLEEN AIRCRAFT AND ENGINE TECHNOLOGY PARTNERSHIP.
(a) Cooperative Agreement.--Subchapter I of chapter 475 of title 49,
United States Code, is amended by adding at the end the following:
``Sec. 47511. <<NOTE: 49 USC 47511.>> CLEEN engine and airframe
technology partnership
``(a) In General.--The Administrator of the Federal Aviation
Administration shall enter into a cost-sharing cooperative agreement,
using a competitive process, with institutions, entities, or consortiums
to carry out a program for the development, maturation, and testing of
certifiable CLEEN aircraft, engine technologies, and jet fuels for civil
subsonic airplanes.
``(b) CLEEN Engine and Airframe Technology Defined.--In this
section, the term `CLEEN aircraft and engine technology' means
continuous lower energy, emissions, and noise aircraft and engine
technology.
``(c) Performance Objective.--The Administrator shall establish the
performance objectives for the program in terms of the specific
objectives to reduce fuel burn, emissions and noise.''.
(b) Technical and Conforming Amendment.--The table of contents of
subchapter I of chapter 475 <<NOTE: 49 USC 47501 prec.>> is amended by
inserting after the item relating to section 47510 the following:
``47511. CLEEN engine and airframe technology partnership.''.
SEC. 744. <<NOTE: 49 USC 44505 note.>> RESEARCH AND DEPLOYMENT OF
CERTAIN AIRFIELD PAVEMENT TECHNOLOGIES.
Using amounts made available under section 48102(a) of title 49,
United States Code, the Administrator of the Federal Aviation
Administration may carry out a program for the research and development
of aircraft pavement technologies under which the Administrator makes
grants to, and enters into cooperative agreements with, institutions of
higher education and nonprofit organizations that--
(1) research concrete and asphalt airfield pavement
technologies that extend the life of airfield pavements;
(2) develop and conduct training;
(3) provide for demonstration projects; and
(4) promote the latest airfield pavement technologies to aid
in the development of safer, more cost effective, and more
durable airfield pavements.
Subtitle <<NOTE: Geospatial Data Act of 2018.>> F--Geospatial Data
SEC. 751. SHORT TITLE; FINDINGS.
(a) <<NOTE: 43 USC 2801 note.>> Short Title.--This subtitle may be
cited as the ``Geospatial Data Act of 2018''.
(b) <<NOTE: 43 USC 2801 note.>> Findings.--Congress finds that--
(1) open and publicly available data is essential to the
successful operation of the GeoPlatform;
(2) the private sector in the United States, for the
purposes of acquiring and producing quality geospatial data and
geospatial data services, has been and continues to be
invaluable in carrying out the varying missions of Federal
departments and agencies, as well as contributing positively to
the United States economy; and
[[Page 132 STAT. 3414]]
(3) over the last 2 decades, Congress has passed legislation
that promotes greater access and use of Government information
and data, which has--
(A) sparked new, innovative start-ups and services;
(B) spurred economic growth in many sectors, such as
in the geospatial services;
(C) advanced scientific research;
(D) promoted public access to Federally funded
services and data; and
(E) improved access to geospatial data for the
purposes of promoting public health, weather
forecasting, economic development, environmental
protection, flood zone research, and other purposes.
SEC. 752. <<NOTE: 43 USC 2801.>> DEFINITIONS.
In this subtitle--
(1) the term ``Advisory Committee'' means the National
Geospatial Advisory Committee established under section 754(a);
(2) the term ``Committee'' means the Federal Geographic Data
Committee established under section 753(a);
(3) the term ``covered agency''--
(A) means--
(i) an Executive department, as defined in
section 101 of title 5, United States Code, that
collects, produces, acquires, maintains,
distributes, uses, or preserves geospatial data on
paper or in electronic form to fulfill the mission
of the Executive department, either directly or
through a relationship with another organization,
including a State, local government, Indian tribe,
institution of higher education, business partner
or contractor of the Federal Government, and the
public;
(ii) the National Aeronautics and Space
Administration; or
(iii) the General Services Administration; and
(B) does not include the Department of Defense
(including 30 components and agencies performing
national missions) or any element of the intelligence
community;
(4) the term ``GeoPlatform'' means the GeoPlatform described
in section 758(a);
(5) the term ``geospatial data''--
(A) means information that is tied to a location on
the Earth, including by identifying the geographic
location and characteristics of natural or constructed
features and boundaries on the Earth, and that is
generally represented in vector datasets by points,
lines, polygons, or other complex geographic features or
phenomena;
(B) may be derived from, among other things, remote
sensing, mapping, and surveying technologies;
(C) includes images and raster datasets, aerial
photographs, and other forms of geospatial data or
datasets in digitized or non-digitized form; and
(D) does not include--
(i) geospatial data and activities of an
Indian tribe not carried out, in whole or in part,
using Federal funds, as determined by the tribal
government;
[[Page 132 STAT. 3415]]
(ii) classified national security-related
geospatial data and activities of the Department
of Defense, unless declassified;
(iii) classified national security-related
geospatial data and activities of the Department
of Energy, unless declassified;
(iv) geospatial data and activities under
chapter 22 of title 10, United States Code, or
section 110 of the National Security Act of 1947
(50 U.S.C. 3045);
(v) intelligence geospatial data and
activities, as determined by the Director of
National Intelligence; or
(vi) certain declassified national security-
related geospatial data and activities of the
intelligence community, as determined by the
Secretary of Defense, the Secretary of Energy, or
the Director of National Intelligence;
(6) the term ``Indian tribe'' has the meaning given that
term under section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b);
(7) the term ``institution of higher education'' has the
meaning given that term under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002);
(8) the term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003);
(9) the term ``lead covered agency'' means a lead covered
agency for a National Geospatial Data Asset data theme
designated under section 756(b)(1);
(10) the term ``local government'' means any city, county,
township, town, borough, parish, village, or other general
purpose political subdivision of a State;
(11) the term ``metadata for geospatial data'' means
information about geospatial data, including the content,
source, vintage, accuracy, condition, projection, method of
collection, and other characteristics or descriptions of the
geospatial data;
(12) the term ``National Geospatial Data Asset data theme''
means the National Geospatial Data Asset core geospatial
datasets (including electronic records and coordinates) relating
to a topic or subject designated under section 756;
(13) the term ``National Spatial Data Infrastructure'' means
the technology, policies, criteria, standards, and employees
necessary to promote geospatial data sharing throughout the
Federal Government, State, tribal, and local governments, and
the private sector (including nonprofit organizations and
institutions of higher education); and
(14) the term ``proven practices'' means methods and
activities that advance the use of geospatial data for the
benefit of society.
SEC. 753. <<NOTE: 43 USC 2802.>> FEDERAL GEOGRAPHIC DATA
COMMITTEE.
(a) In General.--There is established within the Department of the
Interior an interagency committee to be known as the Federal Geographic
Data Committee, which shall act as the lead entity in the executive
branch for the development, implementation, and
[[Page 132 STAT. 3416]]
review of policies, practices, and standards relating to geospatial
data.
(b) Membership.--
(1) Chairperson and vice chairperson.--The Secretary of the
Interior and the Director of the Office of Management and Budget
shall serve as Chairperson of the Committee and Vice Chairperson
of the Committee, respectively.
(2) Other members.--
(A) In general.--The head of each covered agency and
the Director of the National Geospatial-Intelligence
Agency shall each designate a representative of their
respective agency to serve as a member of the Committee.
(B) Requirement for appointments.--An officer
appointed to serve as a member of the Committee shall
hold a position as an assistant secretary, or an
equivalent position, or a higher ranking position.
(3) Guidance.--Not later than 1 year after the date of
enactment of this Act, and as needed thereafter, the Director of
the Office of Management and Budget shall update guidance with
respect to membership of the Committee and the roles of members
of the Committee.
(c) Duties.--The Committee shall--
(1) lead the development and management of and operational
decision making for the National Spatial Data Infrastructure
strategic plan and geospatial data policy in accordance with
section 755;
(2) designate National Geospatial Data Asset data themes and
oversee the coordinated management of the National Geospatial
Data Asset data themes in accordance with section 756;
(3) establish and maintain geospatial data standards in
accordance with section 757;
(4) periodically review and determine the extent to which
covered agencies comply with geospatial data standards;
(5) ensure that the GeoPlatform operates in accordance with
section 758;
(6) direct and facilitate national implementation of the
system of National Geospatial Data Asset data themes;
(7) communicate with and foster communication among covered
agencies and other entities and individuals relating to
geospatial data technology development, transfer, and exchange
in order to--
(A) identify and meet the needs of users of
geospatial data;
(B) promote cost-effective data collection,
documentation, maintenance, distribution, and
preservation strategies; and
(C) leverage Federal and non-Federal resources, such
as promoting Federal shared services and cross-agency
coordination for marketplace solutions;
(8) define roles and responsibilities and promote and guide
cooperation and coordination among agencies of the Federal
Government, State, tribal, and local governments, institutions
of higher education, and the private sector in the collection,
production, sharing, and use of geospatial information, the
implementation of the National Spatial Data Infrastructure, and
the identification of proven practices;
[[Page 132 STAT. 3417]]
(9) coordinate with international organizations having an
interest in the National Spatial Data Infrastructure or global
spatial data infrastructures;
(10) make available online and update at least annually--
(A) a summary of the status for each National
Geospatial Data Asset data theme, based on the report
submitted by the applicable lead covered agency under
section 756(b)(3)(E)(ii)(I), which shall include--
(i) an evaluation of the progress of each lead
covered agency in achieving the requirements under
subparagraphs (A), (B), (C), and (D) of section
756(b)(3); and
(ii) a determination of whether, for each of
subparagraphs (A), (B), (C), and (D) of section
756(b)(3), each lead covered agency meets
expectations, has made progress toward
expectations, or fails to meet expectations;
(B) a summary and evaluation of the achievements of
each covered agency, based on the annual report
submitted by the covered agency under section 759(b)(1),
which shall include a determination of whether the
covered agency meets expectations, has made progress
toward expectations, or fails to meet expectations for
each of paragraphs (1) through (13) of section 759(a);
(C) a collection of periodic technical publications,
management articles, and reports related to the National
Spatial Data Infrastructure; and
(D) a membership directory for the Committee,
including identifying members of any subcommittee or
working group of the Committee;
(11)(A) make available to and request comments from the
Advisory Committee regarding the summaries and evaluations
required under subparagraphs (A) and (B) of paragraph (10);
(B) if requested by the Advisory Committee, respond to any
comments by the Advisory Committee; and
(C) not less than once every 2 years, submit to Congress a
report that includes the summaries and evaluations required
under subparagraphs (A) and (B) of paragraph (10), the comments
of the Advisory Committee, and the responses of the Committee to
the comments;
(12)(A) make available to and request comments from covered
agencies regarding the summaries and evaluations required under
subparagraphs (A) and (B) of paragraph (10); and
(B) not less than once every 2 years, submit to Congress a
report that includes the comments of the covered agencies and
the responses of the Committee to the comments; and
(13) support and promote the infrastructure of networks,
systems, services, and standards that provide a digital
representation of the Earth to users for many applications.
(d) Staff Support.--The Committee shall establish an Office of the
Secretariat within the Department of the Interior to provide
administrative support, strategic planning, funding, and technical
support to the Committee.
[[Page 132 STAT. 3418]]
SEC. 754. <<NOTE: 43 USC 2803.>> NATIONAL GEOSPATIAL ADVISORY
COMMITTEE.
(a) Establishment.--The Secretary of the Interior shall establish
within the Department of the Interior the National Geospatial Advisory
Committee to provide advice and recommendations to the Chairperson of
the Committee.
(b) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of not more than 30 members, at least one of which will be from
the National Geospatial-Intelligence Agency, who shall--
(A) be appointed by the Chairperson of the
Committee;
(B) be selected--
(i) to generally achieve a balanced
representation of the viewpoints of various
interested parties involved in national geospatial
activities and the development of the National
Spatial Data Infrastructure; and
(ii) with consideration of a geographic
balance of residence of the members; and
(C) be selected from among groups involved in the
geospatial community, including--
(i) States;
(ii) local governments;
(iii) regional governments;
(iv) tribal governments;
(v) private sector entities;
(vi) geospatial information user industries;
(vii) professional associations;
(viii) scholarly associations;
(ix) nonprofit organizations;
(x) academia;
(xi) licensed geospatial data acquisition
professionals; and
(xii) the Federal Government.
(2) Chairperson.--The Chairperson of the Committee shall
appoint the Chairperson of the Advisory Committee.
(3) Period of appointment; vacancies.--
(A) In general.--Members shall be appointed for a
term of 3 years, with the term of \1/3\ of the members
expiring each year.
(B) Vacancies.--Any vacancy in the Advisory
Committee shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(4) Limit on terms.--Except for the member from the National
Geospatial-Intelligence Agency, an individual--
(A) may not be appointed to more than 2 consecutive
terms as a member of the Advisory Committee; and
(B) after serving for 2 consecutive terms, is
eligible to be appointed as a member of the Advisory
Committee on and after the date that is 2 years after
the end of the second consecutive term of the individual
as a member of the Advisory Committee.
(5) Ethical requirements.--A member of the Advisory
Committee may not participate in any specific-party matter
(including a lease, license, permit, contract, claim, agreement,
or related litigation) with the Department of the Interior in
which the member has a direct financial interest.
(6) Incumbents.--
[[Page 132 STAT. 3419]]
(A) In general.--An individual serving on the day
before the date of enactment of this Act as a member of
the National Geospatial Advisory Committee established
by the Secretary of the Interior may serve as a member
of the Advisory Committee until the end of the term of
the individual under the appointment.
(B) Limit on terms.--Any period of service as a
member of the National Geospatial Advisory Committee
established by the Secretary of the Interior shall be
considered a period of service as a member of the
Advisory Committee for purposes of paragraph (4).
(c) Subcommittees.--A subcommittee of the Advisory Committee--
(1) may be formed for the purposes of compiling information
or conducting research;
(2) shall be composed of members appointed by the
Chairperson of the Advisory Committee;
(3) shall act under the direction of the Chairperson of the
Advisory Committee and the officer or employee designated under
section 10(e) of the Federal Advisory Committee Act (5 U.S.C.
App.) with respect to the Advisory Committee;
(4) shall report the recommendations of the subcommittee to
the Advisory Committee for consideration; and
(5) shall meet as necessary to accomplish the objectives of
the subcommittee, subject to the approval of the Chairperson of
the Advisory Committee and the availability of resources.
(d) Meetings.--
(1) In general.--The Advisory Committee shall meet at the
call of the Chairperson, not less than 1 time each year and not
more than 4 times each year.
(2) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum, but a lesser number of
members may hold meetings or hearings.
(e) Duties of the Advisory Committee.--The Advisory Committee
shall--
(1) provide advice and recommendations relating to--
(A) the management of Federal and national
geospatial programs;
(B) the development of the National Spatial Data
Infrastructure; and
(C) implementation of this subtitle;
(2) review and comment on geospatial policy and management
issues; and
(3) ensure the views of representatives of non-Federal
interested parties involved in national geospatial activities
are conveyed to the Committee.
(f) Powers of the Advisory Committee.--
(1) Meetings.--The Advisory Committee may hold meetings
(which shall be open to the public) and sit and act at such
times and places as the Advisory Committee considers advisable
to carry out this subtitle.
(2) Information from covered agencies.--
(A) In general.--The Advisory Committee, with the
concurrence of the Chairperson of the Committee, may
secure directly from any covered agency such information
as the Advisory Committee considers necessary to carry
out this subtitle. Upon request of the Chairperson of
the
[[Page 132 STAT. 3420]]
Advisory Committee, the head of such agency shall
furnish such information to the Advisory Committee.
(B) Noncooperation.--The Advisory Committee shall
include in the comments of the Advisory Committee
submitted under section 753(c)(11) a discussion of any
failure by a covered agency to furnish information in
response to a request under subparagraph (A) of this
paragraph.
(3) Postal services.--The Advisory Committee may use the
United States mails in the same manner and under the same
conditions as other agencies of the Federal Government.
(g) Advisory Committee Personnel Matters.--
(1) No compensation of members.--
(A) Non-federal employees.--A member of the Advisory
Committee who is not an officer or employee of the
Federal Government shall serve without compensation.
(B) Federal employees.--A member of the Advisory
Committee who is an officer or employee of the Federal
Government shall serve without compensation in addition
to the compensation received for the services of the
member as an officer or employee of the Federal
Government.
(2) Travel expenses.--The members of the Advisory Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Advisory Committee.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee to support the
Advisory Committee without reimbursement, and such detail shall
be without interruption or loss of civil service status or
privilege.
(4) Staff support.--The Office of the Secretariat
established by the Committee under section 753(d) shall provide
administrative support to the Advisory Committee.
(h) Applicability of FACA.--
(1) In general.--Except as provided in paragraph (2), the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Advisory Committee.
(2) No termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
(i) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Committee shall terminate 10 years after the date of
enactment of this Act.
(2) Continuation.--The Advisory Committee may be continued
for successive 10-year periods by action taken by the Secretary
of the Interior to renew the Advisory Committee before the date
on which the Advisory Committee would otherwise terminate.
SEC. 755. <<NOTE: 43 USC 2804.>> NATIONAL SPATIAL DATA
INFRASTRUCTURE.
(a) In General.--The National Spatial Data Infrastructure shall
ensure that geospatial data from multiple sources (including
[[Page 132 STAT. 3421]]
the covered agencies, State, local, and tribal governments, the private
sector, and institutions of higher education) is available and easily
integrated to enhance the understanding of the physical and cultural
world.
(b) Goals.--The goals of the National Spatial Data Infrastructure
are to--
(1) ensure--
(A) that geospatial data are reviewed prior to
disclosure to ensure--
(i) compliance with section 552a of title 5
(commonly known as the ``Privacy Act of 1974'');
and
(ii) that personally identifiable information
is not disclosed, which shall include an
assessment of re-identification risk when
determining what data constitute personally
identifiable information;
(B) that geospatial data are designed to enhance the
accuracy of statistical information, both in raw form
and in derived information products;
(C) free and open access for the public to
geospatial data, information, and interpretive products,
in accordance with Office of Management and Budget
Circular A-130, or any successor thereto;
(D) the protection of proprietary interests related
to licensed information and data; and
(E) the interoperability and sharing capabilities of
Federal information systems and data to enable the
drawing of resources from covered agencies and partners
of covered agencies; and
(2) support and advance the establishment of a Global
Spatial Data Infrastructure, consistent with national security,
national defense, national intelligence, and international trade
requirements, including ensuring that covered agencies develop
international geospatial data in accordance with international
voluntary consensus standards, as defined in Office of
Management and Budget Circular A-119, or any successor thereto.
(c) Strategic Plan.--The Committee shall prepare and maintain a
strategic plan for the development and implementation of the National
Spatial Data Infrastructure in a manner consistent with national
security, national defense, and emergency preparedness program policies
regarding data accessibility.
(d) Advisory Role.--The Committee shall advise Federal and non-
Federal users of geospatial data on their responsibilities relating to
implementation of the National Spatial Data Infrastructure.
SEC. 756. <<NOTE: 43 USC 2805.>> NATIONAL GEOSPATIAL DATA ASSET
DATA THEMES.
(a) In General.--The Committee shall designate as National
Geospatial Data Asset data themes the primary topics and subjects for
which the coordinated development, maintenance, and dissemination of
geospatial data will benefit the Federal Government and the interests of
the people of the United States, which shall--
(1) be representations of conceptual topics describing
digital spatial information for the Nation; and
(2) contain associated datasets (with attribute records and
coordinates)--
(A) that are documented, verifiable, and officially
designated to meet recognized standards;
[[Page 132 STAT. 3422]]
(B) that may be used in common; and
(C) from which other datasets may be derived.
(b) Lead Covered Agencies.--
(1) In general.--For each National Geospatial Data Asset
data theme, the Committee shall designate one or more covered
agencies as the lead covered agencies for the National
Geospatial Data Asset data theme.
(2) General responsibility.--The lead covered agencies for a
National Geospatial Data Asset data theme shall be responsible
for ensuring the coordinated management of the data, supporting
resources (including technology and personnel), and related
services and products of the National Geospatial Data Asset data
theme.
(3) Specific responsibilities.--To assist in fulfilling the
responsibilities under paragraph (2) with respect to a National
Geospatial Data Asset data theme, the lead covered agencies
shall--
(A) provide leadership and facilitate the
development and implementation of geospatial data
standards for the National Geospatial Data Asset data
theme, with a particular emphasis on a data content
standard for the National Geospatial Data Asset data
theme, including by--
(i) assessing existing standards;
(ii) identifying anticipated or needed data
standards; and
(iii) developing a plan to originate and
implement needed standards with relevant community
and international practices--
(I) in accordance with Office of
Management and Budget Circular A-119, or
any successor thereto; and
(II) consistent with or as a part of
the plan described in subparagraph (B);
(B) provide leadership and facilitate the
development and implementation of a plan for nationwide
population of the National Geospatial Data Asset data
theme, which shall--
(i) include developing partnership programs
with States, Indian tribes, institutions of higher
education, private sector entities, other Federal
agencies, and local governments;
(ii) meet the needs of users of geospatial
data;
(iii) address human and financial resource
needs;
(iv) identify needs relating to standards,
metadata for geospatial data within the National
Geospatial Data Asset data theme, and the
GeoPlatform; and
(v) expedite the development of necessary
National Geospatial Data Asset data themes;
(C) establish goals that support the strategic plan
for the National Spatial Data Infrastructure prepared
under section 755(c);
(D) as necessary, collect and analyze information
from users of geospatial data within the National
Geospatial Data Asset data theme regarding the needs of
the users for geospatial data and incorporate the needs
of users in strategies relating to the National
Geospatial Data Asset data theme; and
[[Page 132 STAT. 3423]]
(E) as part of administering the National Geospatial
Data Asset data theme--
(i) designate a point of contact within the
lead covered agency who shall be responsible for
developing, maintaining, coordination relating to,
and disseminating data using the GeoPlatform;
(ii) submit to the Committee--
(I) a performance report, at least
annually, that documents the activities
relating to and implementation of the
National Geospatial Data Asset data
theme, including progress in achieving
the requirements under subparagraphs
(A), (B), (C), and (D); and
(II) comments, as appropriate,
regarding the summary and evaluation of
the performance report provided by the
Committee under section 753(c)(12);
(iii) publish maps or comparable graphics
online (in accordance with the mapping conventions
specified by the Committee) showing the extent and
status of the National Geospatial Data Asset data
themes for which the covered agency is a lead
covered agency;
(iv) encourage individuals and entities that
are a source of geospatial data or metadata for
geospatial data for the National Geospatial Data
Asset data theme to provide access to such data
through the GeoPlatform;
(v) coordinate with the GeoPlatform; and
(vi) identify and publish proven practices for
the use and application of geospatial data of the
lead covered agency.
SEC. 757. <<NOTE: 43 USC 2806.>> GEOSPATIAL DATA STANDARDS.
(a) In General.--In accordance with section 216 of the E-Government
Act of 2002 (44 U.S.C. 3501 note), the Committee shall establish
standards for each National Geospatial Data Asset data theme, which--
(1) shall include--
(A) rules, conditions, guidelines, and
characteristics for the geospatial data within the
National Geospatial Data Asset data theme and related
processes, technology, and organization; and
(B) content standards for metadata for geospatial
data within the National Geospatial Data Asset data
theme;
(2) to the maximum extent practicable, shall be consistent
with international standards and protocols;
(3) shall include universal data standards that shall be
acceptable for the purposes of declassified intelligence
community data; and
(4) the Committee shall periodically review and update as
necessary for the standards to remain current, relevant, and
effective.
(b) Development of Standards.--The Committee shall--
(1) develop and promulgate standards under this section--
(A) in accordance with Office of Management and
Budget Circular A-119, or any successor thereto; and
[[Page 132 STAT. 3424]]
(B) after consultation with a broad range of data
users and providers;
(2) to the maximum extent possible, use national and
international standards adopted by voluntary standards consensus
bodies; and
(3) establish new standards only to the extent standards
described in paragraph (2) do not exist.
(c) Exclusion.--The Secretary of the Interior shall withhold from
public disclosure any information the disclosure of which reasonably
could be expected to cause damage to the national interest, security, or
defense of the United States, including information relating to
geospatial intelligence data activities, as determined in consultation
with the Director of National Intelligence.
SEC. 758. <<NOTE: 43 USC 2807.>> GEOPLATFORM.
(a) In General.--The Committee shall operate an electronic service
that provides access to geospatial data and metadata for geospatial data
to the general public, to be known as the GeoPlatform.
(b) Implementation.--
(1) In general.--The GeoPlatform--
(A) shall--
(i) be available through the internet and
other communications means;
(ii) be accessible through a common interface;
(iii) include metadata for all geospatial data
collected by covered agencies, directly or
indirectly;
(iv) include download access to all open
geospatial data directly or indirectly collected
by covered agencies; and
(v) include a set of programming instructions
and standards providing an automated means of
accessing available geospatial data, which--
(I) harmonize sources and data
standards associated with geospatial
data, including metadata; and
(II) to the maximum extent
practicable, as determined by the
Chairperson of the Committee, shall be
made publicly available;
(B) may include geospatial data from a source other
than a covered agency, if determined appropriate by the
Committee; and
(C) shall not store or serve proprietary information
or data acquired under a license by the Federal
Government, unless authorized by the data provider.
(2) Managing partner.--The Chairperson of the Committee
shall designate an agency to serve as the managing partner for
developing and operating the GeoPlatform, taking direction from
the Committee on the scope, functionality, and performance of
the GeoPlatform.
(c) Clarification.--Although the GeoPlatform is intended to include
all National Geospatial Data Asset and other Federal datasets, nothing
in this subtitle shall be construed to prevent a covered agency from
also presenting, providing, or disseminating data that is--
(1) specific to the functions of the covered agency; or
[[Page 132 STAT. 3425]]
(2) targeted to information consumers that directly
interface with the services, portals, or other mechanisms of the
covered agency.
SEC. 759. <<NOTE: 43 USC 2808.>> COVERED AGENCY RESPONSIBILITIES.
(a) In General.--Each covered agency shall--
(1) prepare, maintain, publish, and implement a strategy for
advancing geographic information and related geospatial data and
activities appropriate to the mission of the covered agency, in
support of the strategic plan for the National Spatial Data
Infrastructure prepared under section 755(c);
(2) collect, maintain, disseminate, and preserve geospatial
data such that the resulting data, information, or products can
be readily shared with other Federal agencies and non-Federal
users;
(3) promote the integration of geospatial data from all
sources;
(4) ensure that data information products and other records
created in geospatial data and activities are included on agency
record schedules that have been approved by the National
Archives and Records Administration;
(5) allocate resources to fulfill the responsibilities of
effective geospatial data collection, production, and
stewardship with regard to related activities of the covered
agency, and as necessary to support the activities of the
Committee;
(6) use the geospatial data standards, including the
standards for metadata for geospatial data, and other
appropriate standards, including documenting geospatial data
with the relevant metadata and making metadata available through
the GeoPlatform;
(7) coordinate and work in partnership with other Federal
agencies, agencies of State, tribal, and local governments,
institutions of higher education, and the private sector to
efficiently and cost-effectively collect, integrate, maintain,
disseminate, and preserve geospatial data, building upon
existing non-Federal geospatial data to the extent possible;
(8) use geospatial information to--
(A) make Federal geospatial information and services
more useful to the public;
(B) enhance operations;
(C) support decision making; and
(D) enhance reporting to the public and to Congress;
(9) protect personal privacy and maintain confidentiality in
accordance with Federal policy and law;
(10) participate in determining, when applicable, whether
declassified data can contribute to and become a part of the
National Spatial Data Infrastructure;
(11) search all sources, including the GeoPlatform, to
determine if existing Federal, State, local, or private
geospatial data meets the needs of the covered agency before
expending funds for geospatial data collection;
(12) to the maximum extent practicable, ensure that a person
receiving Federal funds for geospatial data collection provides
high-quality data; and
[[Page 132 STAT. 3426]]
(13) appoint a contact to coordinate with the lead covered
agencies for collection, acquisition, maintenance, and
dissemination of the National Geospatial Data Asset data themes
used by the covered agency.
(b) Reporting.--
(1) In general.--Each covered agency shall submit to the
Committee an annual report regarding the achievements of the
covered agency in preparing and implementing the strategy
described in subsection (a)(1) and complying with the other
requirements under subsection (a).
(2) Budget submission.--Each covered agency shall--
(A) include geospatial data in preparing the budget
submission of the covered agency to the President under
sections 1105(a) and 1108 of title 31, United States
Code;
(B) maintain an inventory of all geospatial data
assets in accordance with OMB Circular A-130, or any
successor thereto; and
(C) prepare an annual report to Congress identifying
Federal-wide geospatial data assets, as defined in OMB
Circular A-16, as set forth in OMB memo M-11-03,
Issuance of OMB Circular A-16 Supplemental Guidance
(November 10, 2010), or any successor thereto.
(3) Disclosure.--Each covered agency shall disclose each
contract, cooperative agreement, grant, or other transaction
that deals with geospatial data, which may include posting
information relating to the contract, cooperative agreement,
grant, or other transaction on www.USAspending.gov and
www.itdashboard.gov, or any successors thereto.
(4) OMB review.--In reviewing the annual budget
justifications submitted by covered agencies, the Office of
Management and Budget shall take into consideration the summary
and evaluations required under subparagraphs (A) and (B) of
section 753(c)(10), comments, and replies to comments as
required under paragraphs (11) and (12) of section 753(c), in
its annual evaluation of the budget justification of each
covered agency.
(5) Reporting.--The Office of Management and Budget shall
include a discussion of the summaries and evaluation of the
progress in establishing the National Spatial Data
Infrastructure in each E-Government status report submitted
under section 3606 of title 44, United States Code.
(c) Audits.--Not less than once every 2 years, the inspector general
of a covered agency (or senior ethics official of the covered agency for
a covered agency without an inspector general) shall submit to Congress
an audit of the collection, production, acquisition, maintenance,
distribution, use, and preservation of geospatial data by the covered
agency, which shall include a review of--
(1) the compliance of the covered agency with the standards
for geospatial data, including metadata for geospatial data,
established under section 757;
(2) the compliance of the covered agency with the
requirements under subsection (a); and
(3) the compliance of the covered agency on the limitation
on the use of Federal funds under section 759A.
[[Page 132 STAT. 3427]]
SEC. 759A. <<NOTE: 43 USC 2809.>> LIMITATION ON USE OF FEDERAL
FUNDS.
(a) Definition.--In this section, the term ``implementation date''
means the date that is 5 years after the date on which standards for
each National Geospatial Data Asset data theme are established under
section 757.
(b) Limitation.--Except as provided otherwise in this section, on
and after the implementation date, a covered agency may not use Federal
funds for the collection, production, acquisition, maintenance, or
dissemination of geospatial data that does not comply with the
applicable standards established under section 757, as determined by the
Committee.
(c) Exception for Existing Geospatial Data.--On and after the
implementation date, a covered agency may use Federal funds to maintain
and disseminate geospatial data that does not comply with the applicable
standards established under section 757 if the geospatial data was
collected, produced, or acquired by the covered agency before the
implementation date.
(d) Waiver.--
(1) In general.--The Chairperson of the Committee may grant
a waiver of the limitation under subsection (b), upon a request
from a covered agency submitted in accordance with paragraph
(2).
(2) Requirements.--A request for a waiver under paragraph
(1) shall--
(A) be submitted not later than 30 days before the
implementation date;
(B) provide a detailed explanation of the reasons
for seeking a waiver;
(C) provide a detailed plan to achieve compliance
with the applicable standards established under section
757; and
(D) provide the date by which the covered agency
shall achieve compliance with the applicable standards
established under section 757.
(e) Best Efforts to Comply During Transition.--During the period
beginning on the date on which standards for a National Geospatial Data
Asset data theme are established under section 757 and ending on the
implementation date, each covered agency, to the maximum extent
practicable, shall collect, produce, acquire, maintain, and disseminate
geospatial data within the National Geospatial Data Asset data theme in
accordance with the standards.
SEC. 759B. <<NOTE: 43 USC 2810.>> SAVINGS PROVISION.
Nothing in this subtitle shall repeal, amend, or supersede any
existing law unless specifically provided in this subtitle.
SEC. 759C. <<NOTE: 43 USC 2811.>> PRIVATE SECTOR.
The Committee and each covered agency may, to the maximum extent
practical, rely upon and use the private sector in the United States for
the provision of geospatial data and services.
Subtitle G--Miscellaneous
SEC. 761. NEXTGEN RESEARCH.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit to the Committee on Science, Space, and
Technology and the Committee on Transportation and
[[Page 132 STAT. 3428]]
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report specifying
the top 5 priority research areas for the implementation and advancement
of NextGen, including--
(1) an assessment of why the research areas are a priority
for the implementation and advancement of NextGen;
(2) an identification of the other Federal agencies and
private organizations assisting the Administration with the
research; and
(3) an estimate of when the research will be completed.
SEC. 762. ADVANCED MATERIALS CENTER OF EXCELLENCE.
(a) In General.--Chapter 445 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44518. <<NOTE: 49 USC 44518.>> Advanced Materials Center
of Excellence
``(a) In General.--The Administrator of the Federal Aviation
Administration shall continue operation of the Advanced Materials Center
of Excellence (referred to in this section as the `Center') under its
structure as in effect on March 1, 2016, which shall focus on applied
research and training on the durability and maintainability of advanced
materials in transport airframe structures.
``(b) Responsibilities.--The Center shall--
``(1) promote and facilitate collaboration among academia,
the Transportation Division of the Federal Aviation
Administration, and the commercial aircraft industry, including
manufacturers, commercial air carriers, and suppliers; and
``(2) establish goals set to advance technology, improve
engineering practices, and facilitate continuing education in
relevant areas of study.''.
(b) Table of Contents.--The table of contents for chapter 445 of
title 49, United States Code, <<NOTE: 49 USC 44501 prec.>> is amended
by adding at the end the following:
``44518. Advanced Materials Center of Excellence.''.
TITLE VIII--AVIATION REVENUE PROVISIONS
SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST
FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 9502.>> is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2018'' and inserting ``October 1, 2023''; and
(2) in subparagraph (A) by striking the semicolon at the end
and inserting ``or the FAA Reauthorization Act of 2018;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``October 1, 2018'' and inserting ``October 1,
2023''.
SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 4081.>> is amended by striking ``September 30,
2018'' and inserting ``September 30, 2023''.
[[Page 132 STAT. 3429]]
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) <<NOTE: 26 USC
4261.>> of such Code is amended by striking ``September 30,
2018'' and inserting ``September 30, 2023''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2021'' and inserting ``September 30,
2023''.
(2) Treatment as noncommercial aviation.--Section 4083(b) of
such Code is amended by striking ``October 1, 2018'' and
inserting ``October 1, 2023''.
(3) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
DIVISION C--NATIONAL <<NOTE: National Transportation Safety Board
Reauthorization Act.>> TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT
OF 2018
SEC. 1101. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This division may be cited as the ``National Transportation Safety
Board Reauthorization Act''.
SEC. 1102. <<NOTE: 49 USC 41101 note.>> DEFINITIONS.
In this division, the following definitions apply:
(1) Board.--The term ``Board'' means the National
Transportation Safety Board.
(2) Chairman.--The term ``Chairman'' means the Chairman of
the National Transportation Safety Board.
(3) Most wanted list.--The term ``Most Wanted List'' means
the Board publication entitled ``Most Wanted List''.
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, is amended to read
as follows:
``(a) In General.--There are authorized to be appropriated for the
purposes of this chapter $111,400,000 for fiscal year 2019, $112,400,000
for fiscal year 2020, $113,400,000 for fiscal year 2021, and
$114,400,000 for fiscal year 2022. Such sums shall remain available
until expended.''.
SEC. 1104. STILL IMAGES.
(a) Still Images, Voice Recorders, and Video Recorders.--
(1) Cockpit recordings and transcripts.--Section 1114(c) of
title 49, United States Code, is amended--
(A) by redesignating paragraph (2) as paragraph (3);
(B) in paragraph (3), as so redesignated, by
inserting ``References to information in making safety
recommendations.--'' before ``This''; and
(C) in paragraph (1)--
(i) in the first sentence, by striking ``The
Board'' and inserting ``Confidentiality of
recordings.--Except as provided in paragraph (2),
the Board''; and
[[Page 132 STAT. 3430]]
(ii) by amending the second sentence to read
as follows:
``(2) Exception.--Subject to subsections (b) and (g), the
Board shall make public any part of a transcript, any written
depiction of visual information obtained from a video recorder,
or any still image obtained from a video recorder the Board
decides is relevant to the accident or incident--
``(A) if the Board holds a public hearing on the
accident or incident, at the time of the hearing; or
``(B) if the Board does not hold a public hearing,
at the time a majority of the other factual reports on
the accident or incident are placed in the public
docket.''.
(2) Surface vehicle recordings and transcripts.--Section
1114(d) of title 49, United States Code, is amended--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) in paragraph (1)--
(i) in the first sentence, by striking ``The
Board'' and inserting ``Except as provided in
paragraph (2), the Board''; and
(ii) by amending the second sentence to read
as follows:
``(2) Exception.--Subject to subsections (b) and (g), the
Board shall make public any part of a transcript, any written
depiction of visual information obtained from a video recorder,
or any still image obtained from a video recorder the Board
decides is relevant to the accident--
``(A) if the Board holds a public hearing on the
accident, at the time of the hearing; or
``(B) if the Board does not hold a public hearing,
at the time a majority of the other factual reports on
the accident are placed in the public docket.''.
(3) Privacy protections.--Section 1114 of title 49, United
States Code, is amended by adding at the end the following:
``(g) Privacy Protections.--Before making public any still image
obtained from a video recorder under subsection (c)(2) or subsection
(d)(2), the Board shall take such action as appropriate to protect from
public disclosure any information that readily identifies an individual,
including a decedent.''.
(b) Cockpit and Surface Vehicle Recordings and Transcripts.--Section
1154(a) of title 49, United States Code, is amended--
(1) in the heading, by striking ``Transcripts and
Recordings'' and inserting ``In General'';
(2) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) any still image that the National
Transportation Safety Board has not made available to
the public under section 1114(c) or 1114(d) of this
title;'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``recorder recording'' and inserting ``recorder
recording, including with regard to a video recording
any still image that the National Transportation Safety
Board
[[Page 132 STAT. 3431]]
has not made available to the public under section
1114(c) or 1114(d) of this title,''; and
(B) in subparagraph (B), by striking ``recorder
recording'' and inserting ``recorder recording,
including with regard to a video recording any still
image that the National Transportation Safety Board has
not made available to the public under section 1114(c)
or 1114(d) of this title,'';
(4) in paragraph (4)--
(A) in subparagraph (A)--
(i) by inserting ``a still image or'' before
``a part of a cockpit''; and
(ii) by striking ``the part of the transcript
or the recording'' each place it appears and
inserting ``the still image, the part of the
transcript, or the recording'';
(B) in subparagraph (B)--
(i) by inserting ``a still image or'' before
``a part of a cockpit''; and
(ii) by striking ``the part of the transcript
or the recording'' each place it appears and
inserting ``the still image, the part of the
transcript, or the recording''; and
(5) in paragraph (6)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Still image.--The term `still image' means any still
image obtained from a video recorder.''.
SEC. 1105. ELECTRONIC RECORDS.
Section 1134(a)(2) of title 49, United States Code, is amended by
inserting ``including an electronic record,'' after ``record,''.
SEC. 1106. REPORT ON MOST WANTED LIST METHODOLOGY.
(a) In General.--Not later than the date on which the first Most
Wanted List to be published after the date of enactment of this Act is
published, the Chairman shall publish on a publicly available website of
the Board and submit to appropriate committees of Congress a report on
the methodology used to prioritize and select recommendations to be
included by the Board in the Most Wanted List.
(b) Elements.--The report under subsection (a) shall include--
(1) a detailed description of how the Board accounts for the
risk to safety addressed in each of its recommendations,
including the extent to which the Board considers--
(A) the types of data and other information,
including studies and reports, used to identify the
amount and probability of risk to safety;
(B) the reduction of the risk to safety, estimated
over a period of time, by implementing each
recommendation;
(C) the practicality and feasibility of achieving
the reduction of the risk to safety described in
subparagraph (B); and
(D) any alternate means of reducing the risk;
(2) a detailed description of the extent to which the Board
considers any prior, related investigation, safety
recommendation, or other safety action when prioritizing and
selecting recommendations; and
[[Page 132 STAT. 3432]]
(3) a description of the extent of coordination and
consultation when prioritizing and selecting the
recommendations.
(c) GAO Report.--Not later than 15 months after the date that the
methodology report is published under subsection (a), the Comptroller
General of the United States shall submit to the appropriate committees
of Congress a report examining the methodology used by the Board to
prioritize and select safety recommendations for inclusion in the Most
Wanted List.
SEC. 1107. METHODOLOGY.
(a) Redesignation.--Section 1116 of title 49, United States Code, is
amended by adding at the end the following:
``(c) Annual Report.--The National Transportation Safety Board shall
submit a report to Congress on July 1 of each year. The report shall
include--
``(1) a statistical and analytical summary of the
transportation accident investigations conducted and reviewed by
the Board during the prior calendar year;
``(2) a survey and summary of the recommendations made by
the Board to reduce the likelihood of recurrence of those
accidents together with the observed response to each
recommendation;
``(3) a detailed appraisal of the accident investigation and
accident prevention activities of other departments, agencies,
and instrumentalities of the United States Government and State
and local governmental authorities having responsibility for
those activities under a law of the United States or a State;
``(4) a description of the activities and operations of the
National Transportation Safety Board Training Center during the
prior calendar year;
``(5) a list of accidents, during the prior calendar year,
that the Board was required to investigate under section 1131
but did not investigate and an explanation of why they were not
investigated; and
``(6) a list of ongoing investigations that have exceeded
the expected time allotted for completion by Board order and an
explanation for the additional time required to complete each
such investigation.''.
(b) Methodology.--
(1) In general.--Section 1117 of title 49, United States
Code, is amended to read as follows:
``Sec. 1117. Methodology
``(a) In General.--Not later than 2 years after the date of
enactment of the National Transportation Safety Board Reauthorization
Act, the Chairman shall include with each investigative report in which
a recommendation is issued by the Board a methodology section detailing
the process and information underlying the selection of each
recommendation.
``(b) Elements.--Except as provided in subsection (c), the
methodology section under subsection (a) shall include, for each
recommendation--
``(1) a brief summary of the Board's collection and analysis
of the specific accident investigation information most relevant
to the recommendation;
[[Page 132 STAT. 3433]]
``(2) a description of the Board's use of external
information, including studies, reports, and experts, other than
the findings of a specific accident investigation, if any were
used to inform or support the recommendation, including a brief
summary of the specific safety benefits and other effects
identified by each study, report, or expert; and
``(3) a brief summary of any examples of actions taken by
regulated entities before the publication of the safety
recommendation, to the extent such actions are known to the
Board, that were consistent with the recommendation.
``(c) Acceptable Limitation.--If the Board knows of more than 3
examples taken by regulated entities before the publication of the
safety recommendation that were consistent with the recommendation, the
brief summary under subsection (b)(3) may be limited to only 3 of those
examples.
``(d) Exception.--Subsection (a) shall not apply if the
recommendation is only for a person to disseminate information on--
``(1) an existing agency best practices document; or
``(2) an existing regulatory requirement.
``(e) Rule of Construction.--Nothing in this section may be
construed to require any change to a recommendation made by the Board
before the date of enactment of the National Transportation Safety Board
Reauthorization Act, unless the recommendation is a repeat
recommendation issued on or after the date of enactment of such Act.
``(f) Savings Clause.--Nothing in this section may be construed--
``(1) to delay publication of the findings, cause, or
probable cause of a Board investigation;
``(2) to delay the issuance of an urgent recommendation that
the Board has determined must be issued to avoid immediate loss,
death, or injury; or
``(3) to limit the number of examples the Board may consider
before issuing a recommendation.''.
(2) Clerical amendment.--The analysis for chapter 11 of
title 49, United States Code, <<NOTE: 49 USC 1101 prec.>> is
amended by inserting after the item relating to section 1116 the
following:
``117. Methodology.''.
SEC. 1108. <<NOTE: 49 USC 1119 note.>> MULTIMODAL ACCIDENT
DATABASE MANAGEMENT SYSTEM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Board shall establish and maintain a
multimodal accident database management system for Board investigators.
(b) Purposes.--The purposes of the system shall be to support the
Board in improving--
(1) the quality of accident data the Board makes available
to the public; and
(2) the selection of accidents for investigation and
allocation of limited resources.
(c) Requirements.--The system shall--
(1) maintain a historical record of accidents that are
investigated by the Board; and
(2) be capable of the secure storage, retrieval, and
management of information associated with the investigations of
such accidents.
[[Page 132 STAT. 3434]]
SEC. 1109. ADDRESSING THE NEEDS OF FAMILIES OF INDIVIDUALS
INVOLVED IN ACCIDENTS.
(a) Air Carriers Holding Certificates of Public Convenience and
Necessity.--Section 41113 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``a major'' and inserting
``any''; and
(2) in subsection (b)--
(A) in paragraph (9), by striking ``(and any other
victim of the accident)'' and inserting ``(and any other
victim of the accident, including any victim on the
ground)'';
(B) in paragraph (16), by striking ``major'' and
inserting ``any''; and
(C) in paragraph (17)(A), by striking
``significant'' and inserting ``any''.
(b) Foreign Air Carriers Providing Foreign Air Transportation.--
Section 41313 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``a major'' and inserting
``any''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``a significant''
and inserting ``any'';
(B) in paragraph (2), by striking ``a significant''
and inserting ``any'';
(C) by amending paragraph (9) to read as follows:
``(9) Equal treatment of passengers.--An assurance that the
treatment of the families of nonrevenue passengers (and any
other victim of the accident, including any victim on the
ground) will be the same as the treatment of the families of
revenue passengers.'';
(D) in paragraph (16)--
(i) by striking ``major'' and inserting
``any''; and
(ii) by striking ``the foreign air carrier
will consult'' and inserting ``will consult''; and
(E) in paragraph (17)(A), by striking
``significant'' and inserting ``any''.
(c) Assistance to Families of Passengers Involved in Aircraft
Accidents.--Section 1136 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``aircraft accident
within the United States involving an air carrier or foreign air
carrier and resulting in a major loss of life'' and inserting
``aircraft accident involving an air carrier or foreign air
carrier, resulting in any loss of life, and for which the
National Transportation Safety Board will serve as the lead
investigative agency''; and
(2) in subsection (h)--
(A) by amending paragraph (1) to read as follows:
``(1) Aircraft accident.--The term `aircraft accident' means
any aviation disaster, regardless of its cause or suspected
cause, for which the National Transportation Safety Board is the
lead investigative agency.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``; and''
and inserting a semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
[[Page 132 STAT. 3435]]
(iii) by adding at the end the following:
``(C) any other person injured or killed in the
aircraft accident, as determined appropriate by the
Board.''.
(d) Assistance to Families of Passengers Involved in Rail Passenger
Accidents.--Section 1139 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``resulting in a major
loss of life'' and inserting ``resulting in any loss of life,
and for which the National Transportation Safety Board will
serve as the lead investigative agency''; and
(2) by amending subsection (h)(1) to read as follows:
``(1) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster that--
``(A) results in any loss of life;
``(B) the National Transportation Safety Board will
serve as the lead investigative agency for; and
``(C) occurs in the provision of--
``(i) interstate intercity rail passenger
transportation (as such term is defined in section
24102); or
``(ii) high-speed rail (as such term is
defined in section 26105) transportation,
regardless of its cause or suspected cause.''.
(e) Information for Families of Individuals Involved in Accidents.--
(1) In general.--Subchapter III of chapter 11 of subtitle II
of title 49, United States Code, is amended by adding at the end
the following:
``Sec. 1140. <<NOTE: 49 USC 1140.>> Information for families of
individuals involved in accidents
``In the course of an investigation of an accident described in
section 1131(a)(1), except an aircraft accident described in section
1136 or a rail passenger accident described in section 1139, the Board
may, to the maximum extent practicable, ensure that the families of
individuals involved in the accident, and other individuals the Board
deems appropriate--
``(1) are informed as to the roles, with respect to the
accident and the post-accident activities, of the Board;
``(2) are briefed, before any public briefing, about the
accident, its causes, and any other findings from the
investigation; and
``(3) are individually informed of and allowed to attend any
public hearings and meetings of the Board about the accident.''.
(2) Table of contents.--The table of contents of chapter 11
of subtitle II of title 49, United States Code, <<NOTE: 49 USC
1101 prec.>> is amended by inserting after the item relating to
section 1139 the following:
``1140. Information for families of individuals involved in
accidents.''.
SEC. 1110. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
INVESTIGATION LAUNCH DECISION-MAKING
PROCESSES.
Section 1138 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4) the following:
[[Page 132 STAT. 3436]]
``(5) the process and procedures to select an accident to
investigate;''; and
(2) in subsection (c), by inserting a comma after
``Science''.
SEC. 1111. PERIODIC REVIEW OF SAFETY RECOMMENDATIONS.
(a) Reports.--Section 1116 of title 49, United States Code, as
amended by this Act, is further amended--
(1) in the heading, by striking ``and studies'' and
inserting ``, studies, and retrospective reviews''; and
(2) by adding at the end the following:
``(d) Retrospective Reviews.--
``(1) In general.--Subject to paragraph (2), not later than
June 1, 2019, and at least every 5 years thereafter, the
Chairman shall complete a retrospective review of
recommendations issued by the Board that are classified as open
by the Board.
``(2) Contents.--A review under paragraph (1) shall
include--
``(A) a determination of whether the recommendation
should be updated, closed, or reissued in light of--
``(i) changed circumstances;
``(ii) more recently issued recommendations;
``(iii) the availability of new technologies;
or
``(iv) new information making the
recommendation ineffective or insufficient for
achieving its objective; and
``(B) a justification for each determination under
subparagraph (A).
``(3) Report.--Not later than 180 days after the date a
review under paragraph (1) is complete, the Chairman shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
includes--
``(A) the findings of the review under paragraph
(1);
``(B) each determination under paragraph (2)(A) and
justification under paragraph (2)(B); and
``(C) if applicable, a schedule for updating,
closing, or reissuing a recommendation.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 49,
United States Code, <<NOTE: 49 USC 1101 prec.>> is amended by striking
the item relating to section 1116 and inserting the following:
``1116. Reports, studies, and retrospective reviews.''.
(c) <<NOTE: 49 USC 1116 note.>> Savings Clause.--Nothing in this
section or the amendments made by this section may be construed to limit
or otherwise affect the authority of the Board to update, close, or
reissue a recommendation.
SEC. 1112. GENERAL ORGANIZATION.
(a) Terms of the Chairman and Vice Chairman.--Section 1111(d) of
title 49, United States Code, is amended by striking ``2 years'' and
inserting ``3 years''.
(b) Nonpublic Collaborative Discussions.--Section 1111 of such title
is further amended by adding at the end the following:
``(k) Open Meetings.--
``(1) In general.--The Board shall be deemed to be an agency
for purposes of section 552b of title 5.
``(2) Nonpublic collaborative discussions.--
[[Page 132 STAT. 3437]]
``(A) In general.--Notwithstanding section 552b of
title 5, a majority of the members may hold a meeting
that is not open to public observation to discuss
official agency business if--
``(i) no formal or informal vote or other
official agency action is taken at the meeting;
``(ii) each individual present at the meeting
is a member or an employee of the Board;
``(iii) at least 1 member of the Board from
each political party is present at the meeting, if
applicable; and
``(iv) the General Counsel of the Board is
present at the meeting.
``(B) Disclosure of nonpublic collaborative
discussions.--Except as provided under subparagraphs (C)
and (D), not later than 2 business days after the
conclusion of a meeting under subparagraph (A), the
Board shall make available to the public, in a place
easily accessible to the public--
``(i) a list of the individuals present at the
meeting; and
``(ii) a summary of the matters, including key
issues, discussed at the meeting, except for any
matter the Board properly determines may be
withheld from the public under section 552b(c) of
title 5.
``(C) Summary.--If the Board properly determines a
matter may be withheld from the public under section
552b(c) of title 5, the Board shall provide a summary
with as much general information as possible on each
matter withheld from the public.
``(D) Active investigations.--If a discussion under
subparagraph (A) directly relates to an active
investigation, the Board shall make the disclosure under
subparagraph (B) on the date the Board adopts the final
report.
``(E) Preservation of open meetings requirements for
agency action.--Nothing in this paragraph may be
construed to limit the applicability of section 552b of
title 5 with respect to a meeting of the members other
than that described in this paragraph.
``(F) Statutory construction.--Nothing in this
paragraph may be construed--
``(i) to limit the applicability of section
552b of title 5 with respect to any information
which is proposed to be withheld from the public
under subparagraph (B)(ii); or
``(ii) to authorize the Board to withhold from
any individual any record that is accessible to
that individual under section 552a of title 5.''.
(c) Authority To Acquire Small Unmanned Aircraft Systems for
Investigation Purposes.--Section 1113(b)(1) of such title is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
[[Page 132 STAT. 3438]]
``(J) notwithstanding section 1343 of title 31,
acquire 1 or more small unmanned aircraft (as defined in
section 44801) for use in investigations under this
chapter.''.
(d) Investigative Officers.--Section 1113 of such title is amended
by striking subsection (h).
(e) Technical Amendment.--Section 1113(a)(1) of such title is
amended by striking ``subpena'' and inserting ``subpoena''.
SEC. 1113. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Contents.--The table of contents of subchapter III of
chapter 11 of subtitle II of title 49, <<NOTE: 49 USC 1101 prec.>>
United States Code, is amended in the item relating to section 1138 by
striking ``Board'' and inserting ``Board.''.
(b) General Authority.--Section 1131(a)(1)(A) of title 49, United
States Code, is amended by striking ``a public aircraft as defined by
section 40102(a)(37) of this title'' and inserting ``a public aircraft
as defined by section 40102(a) of this title''.
DIVISION D--DISASTER <<NOTE: Disaster Recovery Reform Act of 2018.>>
RECOVERY REFORM
SEC. 1201. <<NOTE: 42 USC 5121 note.>> SHORT TITLE.
This division may be cited as the ``Disaster Recovery Reform Act of
2018''.
SEC. 1202. <<NOTE: 42 USC 5121 note.>> APPLICABILITY.
(a) Applicability for Stafford Act.--Except as otherwise expressly
provided, the amendments in this division to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
apply to each major disaster and emergency declared by the President on
or after August 1, 2017, under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.
(b) Division Applicability.--Except as otherwise expressly provided,
the authorities provided under this division apply to each major
disaster and emergency declared by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act on or after
January 1, 2016.
SEC. 1203. <<NOTE: 42 USC 5122 note.>> DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Agency.--The term ``Agency'' means the Federal Emergency
Management Agency.
(3) State.--The term ``State'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
SEC. 1204. WILDFIRE PREVENTION.
(a) Mitigation Assistance.--Section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major disaster
is declared, the President may provide hazard mitigation
[[Page 132 STAT. 3439]]
assistance in accordance with section 404 in any area affected by a fire
for which assistance was provided under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by
this division)--
(A) by inserting before the first period ``, or any
area affected by a fire for which assistance was
provided under section 420''; and
(B) in the third sentence by inserting ``or event
under section 420'' after ``major disaster'' each place
it appears; and
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place it appears.
(c) <<NOTE: 42 USC 5187 note.>> Reporting Requirement.--Not later
than 1 year after the date of enactment of this Act and annually
thereafter, the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committees on Appropriations of the Senate and the House of
Representatives a report containing a summary of any projects carried
out, and any funding provided to those projects, under subsection (d) of
section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187) (as amended by this section).
SEC. 1205. ADDITIONAL ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Use of Assistance.--Recipients of hazard mitigation assistance
provided under this section and section 203 may use the assistance to
conduct activities to help reduce the risk of future damage, hardship,
loss, or suffering in any area affected by a wildfire or windstorm, such
as--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures;
``(11) reducing hazardous fuels;
``(12) mitigating windstorm damage, including replacing or
installing electrical transmission or distribution utility pole
structures with poles that are resilient to extreme wind and
[[Page 132 STAT. 3440]]
combined ice and wind loadings for the basic wind speeds and ice
conditions associated with the relevant location;
``(13) removing standing burned trees; and
``(14) replacing water systems that have been burned and
have caused contamination.''.
SEC. 1206. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.
(a) In General.--Section 402 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) provide assistance to State and local governments for
building code and floodplain management ordinance administration
and enforcement, including inspections for substantial damage
compliance; and''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) base and overtime wages for extra hires to
facilitate the implementation and enforcement of adopted
building codes for a period of not more than 180 days
after the major disaster is declared.''.
SEC. 1207. PROGRAM IMPROVEMENTS.
(a) Hazard Mitigation.--Section 406(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is
amended--
(1) in paragraph (1)(A), by striking ``90 percent of''; and
(2) in paragraph (2)(A), by striking ``75 percent of''.
(b) Flood Insurance.--Section 406(d)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(d)(1)) is
amended by adding at the end the following: ``This section shall not
apply to more than one building of a multi-structure educational, law
enforcement, correctional, fire, or medical campus, for any major
disaster or emergency declared by the President under section 401 or
501, respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170, 5191) on or after January 1,
2016, through December 31, 2018.''.
(c) Participation.--Section 428(d) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f(d)) is
amended--
(1) by striking ``Participation in'' and inserting the
following:
``(1) In general.--Participation in''; and
(2) by adding at the end the following:
``(2) No conditions.--The President may not condition the
provision of Federal assistance under this Act on the election
by a State, local, or Indian tribal government, or owner or
operator of a private nonprofit facility to participate in the
alternative procedures adopted under this section.''.
[[Page 132 STAT. 3441]]
(d) Certification.--Section 428(e)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f(e)(1)) is
amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) once certified by a professionally licensed
engineer and accepted by the Administrator, the
estimates on which grants made pursuant to this section
are based shall be presumed to be reasonable and
eligible costs, as long as there is no evidence of
fraud.''.
SEC. 1208. <<NOTE: 6 USC 748a.>> PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall provide guidance and training on an annual basis to
State, local, and Indian tribal governments, first responders, and
utility companies on--
(1) the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities to ensure that such
health care facilities remain functioning or return to
functioning as soon as practicable during power outages caused
by natural hazards, including severe weather events;
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during a
major disaster or emergency, as those terms are defined in
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122); and
(3) how State, local, and Indian tribal governments, first
responders, utility companies, hospitals, nursing homes, and
other long-term care facilities should develop a strategy to
coordinate emergency response plans, including the activation of
emergency response plans, in anticipation of a major disaster,
including severe weather events.
SEC. 1209. <<NOTE: 6 USC 721 note.>> GUIDANCE ON EVACUATION
ROUTES.
(a) In General.--
(1) Identification.--The Administrator, in coordination with
the Administrator of the Federal Highway Administration, shall
develop and issue guidance for State, local, and Indian tribal
governments regarding the identification of evacuation routes.
(2) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator, shall
revise existing guidance or issue new guidance as appropriate
for State, local, and Indian tribal governments regarding the
design, construction, maintenance, and repair of evacuation
routes.
(b) Considerations.--
(1) Identification.--In developing the guidance under
subsection (a)(1), the Administrator shall consider--
(A) whether evacuation routes have resisted impacts
and recovered quickly from disasters, regardless of
cause;
(B) the need to evacuate special needs populations,
including--
(i) individuals with a physical or mental
disability;
[[Page 132 STAT. 3442]]
(ii) individuals in schools, daycare centers,
mobile home parks, prisons, nursing homes and
other long-term care facilities, and detention
centers;
(iii) individuals with limited-English
proficiency;
(iv) the elderly; and
(v) individuals who are tourists, seasonal
workers, or homeless;
(C) the sharing of information and other public
communications with evacuees during evacuations;
(D) the sheltering of evacuees, including the care,
protection, and sheltering of animals;
(E) the return of evacuees to their homes; and
(F) such other items the Administrator considers
appropriate.
(2) Design, construction, maintenance, and repair.--In
revising or issuing guidance under subsection (a)(2), the
Administrator of the Federal Highway Administration shall
consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability,
including flammability and hydrostatic forces;
(ii) improve durability, strength (including
the ability to withstand tensile stresses and
compressive stresses), and sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal land management
agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator of the
Federal Highway Administration considers appropriate.
(c) Study.--The Administrator, in coordination with the
Administrator of the Federal Highway Administration and State, local,
territorial, and Indian tribal governments, may--
(1) conduct a study of the adequacy of available evacuation
routes to accommodate the flow of evacuees; and
(2) submit recommendations on how to help with anticipated
evacuation route flow, based on the study conducted under
paragraph (1), to--
(A) the Federal Highway Administration;
(B) the Agency;
(C) State, local, territorial, and Indian tribal
governments; and
(D) Congress.
SEC. 1210. DUPLICATION OF BENEFITS.
(a) In General.--
(1) Authority.--Section 312(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b))
is amended by adding at the end the following:
``(4) Waiver of general prohibition.--
``(A) In general.--The President may waive the
general prohibition provided in subsection (a) upon
request of a Governor on behalf of the State or on
behalf of a person, business concern, or any other
entity suffering
[[Page 132 STAT. 3443]]
losses as a result of a major disaster or emergency, if
the President finds such waiver is in the public
interest and will not result in waste, fraud, or abuse.
In making this decision, the President may consider the
following:
``(i) The recommendations of the Administrator
of the Federal Emergency Management Agency made in
consultation with the Federal agency or agencies
administering the duplicative program.
``(ii) If a waiver is granted, the assistance
to be funded is cost effective.
``(iii) Equity and good conscience.
``(iv) Other matters of public policy
considered appropriate by the President.
``(B) Grant or denial of waiver.--A request under
subparagraph (A) shall be granted or denied not later
than 45 days after submission of such request.
``(C) Prohibition on determination that loan is a
duplication.--Notwithstanding subsection (c), in
carrying out subparagraph (A), the President may not
determine that a loan is a duplication of assistance,
provided that all Federal assistance is used toward a
loss suffered as a result of the major disaster or
emergency.''.
(2) <<NOTE: 42 USC 5155 note.>> Limitation.--This
subsection, including the amendment made by paragraph (1), shall
not be construed to apply to section 406 or 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172, 5174).
(3) <<NOTE: 42 USC 5155 note.>> Applicability.--The
amendment made by paragraph (1) shall apply to any major
disaster or emergency declared by the President under section
401 or 501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191)
between January 1, 2016, and December 31, 2021.
(4) <<NOTE: 42 USC 5155 note.>> Sunset.--On the date that
is 5 years after the date of enactment of this Act, section
312(b) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155(b)) is amended by striking
paragraph (4), as added by subsection (a)(1) of this section.
(5) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator, in
coordination with other relevant Federal agencies, shall
submit to the congressional committees of jurisdiction a
report conducted by all relevant Federal agencies to
improve the comprehensive delivery of disaster
assistance to individuals following a major disaster or
emergency declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
(B) Contents.--The report required under
subparagraph (A) shall include both administrative
actions taken, or planned to be taken, by the agencies
as well as legislative proposals, where appropriate, of
the following:
(i) Efforts to improve coordination between
the Agency and other relevant Federal agencies
when delivering disaster assistance to
individuals.
(ii) Clarify the sequence of delivery of
disaster assistance to individuals from the
Agency, and other relevant Federal agencies.
[[Page 132 STAT. 3444]]
(iii) Clarify the interpretation and
implementation of section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155) when providing disaster
assistance to individuals, including providing a
common interpretation across the Agency, and other
relevant Federal agencies, of the definitions and
requirements under such section 312.
(iv) Increase the effectiveness of
communication to applicants for assistance
programs for individuals after a disaster
declaration, including the breadth of programs
available and the potential impacts of utilizing
one program versus another.
(C) Report update.--Not later than 4 years after the
date of enactment of this subsection, the Administrator,
in coordination with other relevant Federal agencies,
shall submit to the congressional committees of
jurisdiction an update to the report required under
subparagraph (A).
(b) <<NOTE: 42 USC 5170c note.>> Funding of a Federally Authorized
Water Resources Development Project.--
(1) Eligible activities.--Notwithstanding section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5155) and its implementing regulations, assistance
provided pursuant to section 404 of such Act may be used to fund
activities authorized for construction within the scope of a
federally authorized water resources development project of the
Army Corps of Engineers if such activities are also eligible
activities under such section.
(2) Federal funding.--All Federal funding provided under
section 404 pursuant to this section shall be applied toward the
Federal share of such project.
(3) Non-federal match.--All non-Federal matching funds
required under section 404 pursuant to this section shall be
applied toward the non-Federal share of such project.
(4) Total federal share.--Funding provided under section 404
pursuant to this section may not exceed the total Federal share
for such project.
(5) No effect.--Nothing in this section shall--
(A) affect the cost-share requirement of a hazard
mitigation measure under section 404;
(B) affect the eligibility criteria for a hazard
mitigation measure under section 404;
(C) affect the cost share requirements of a
federally authorized water resources development
project; and
(D) affect the responsibilities of a non-Federal
interest with respect to the project, including those
related to the provision of lands, easements, rights-of-
way, dredge material disposal areas, and necessary
relocations.
(6) Limitation.--If a federally authorized water resources
development project of the Army Corps of Engineers is
constructed with funding provided under section 404 pursuant to
this subsection, no further Federal funding shall be provided
for construction of such project.
[[Page 132 STAT. 3445]]
SEC. 1211. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY
HOUSING AND PERMANENT HOUSING
CONSTRUCTION.
(a) State Role.--Section 408(f) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
(1) in paragraph (1)--
(A) by striking the paragraph heading and inserting
``State- or indian tribal government-administered
assistance and other needs assistance.--'';
(B) in subparagraph (A)--
(i) by striking ``financial''; and
(ii) by striking ``subsection (e)'' and
inserting ``subsections (c)(1)(B), (c)(4), and (e)
if the President and the State or Indian tribal
government comply, as determined by the
Administrator, with paragraph (3)''; and
(C) in subparagraph (B)--
(i) by striking ``financial''; and
(ii) by striking ``subsection (e)'' and
inserting ``subsections (c)(1)(B), (c)(4), and
(e)''; and
(2) by adding at the end the following:
``(3) Requirements.--
``(A) Application.--A State or Indian tribal
government desiring to provide assistance under
subsection (c)(1)(B), (c)(4), or (e) shall submit to the
President an application for a grant to provide
financial assistance under the program.
``(B) Criteria.--The President, in consultation and
coordination with State and Indian tribal governments,
shall establish criteria for the approval of
applications submitted under subparagraph (A). The
criteria shall include, at a minimum--
``(i) a requirement that the State or Indian
tribal government submit a housing strategy under
subparagraph (C);
``(ii) the demonstrated ability of the State
or Indian tribal government to manage the program
under this section;
``(iii) there being in effect a plan approved
by the President as to how the State or Indian
tribal government will comply with applicable
Federal laws and regulations and how the State or
Indian tribal government will provide assistance
under its plan;
``(iv) a requirement that the State or Indian
tribal government comply with rules and
regulations established pursuant to subsection
(j); and
``(v) a requirement that the President, or the
designee of the President, comply with subsection
(i).
``(C) Requirement of housing strategy.--
``(i) In general.--A State or Indian tribal
government submitting an application under this
paragraph shall have an approved housing strategy,
which shall be developed and submitted to the
President for approval.
``(ii) Requirements.--The housing strategy
required under clause (i) shall--
[[Page 132 STAT. 3446]]
``(I) outline the approach of the
State in working with Federal partners,
Indian tribal governments, local
communities, nongovernmental
organizations, and individual disaster
survivors to meet disaster-related
sheltering and housing needs; and
``(II) include the establishment of
an activation plan for a State Disaster
Housing Task Force, as outlined in the
National Disaster Housing Strategy, to
bring together State, tribal, local,
Federal, nongovernmental, and private
sector expertise to evaluate housing
requirements, consider potential
solutions, recognize special needs
populations, and propose
recommendations.
``(D) Quality assurance.--Before approving an
application submitted under this section, the President,
or the designee of the President, shall institute
adequate policies, procedures, and internal controls to
prevent waste, fraud, abuse, and program mismanagement
for this program and for programs under subsections
(c)(1)(B), (c)(4), and (e). The President shall monitor
and conduct quality assurance activities on a State or
Indian tribal government's implementation of programs
under subsections (c)(1)(B), (c)(4), and (e). If, after
approving an application of a State or Indian tribal
government submitted under this paragraph, the President
determines that the State or Indian tribal government is
not administering the program established by this
section in a manner satisfactory to the President, the
President shall withdraw the approval.
``(E) Audits.--The Inspector General of the
Department of Homeland Security shall provide for
periodic audits of the programs administered by States
and Indian tribal governments under this subsection.
``(F) Applicable laws.--All Federal laws applicable
to the management, administration, or contracting of the
programs by the Federal Emergency Management Agency
under this section shall be applicable to the
management, administration, or contracting by a non-
Federal entity under this section.
``(G) Report on effectiveness.--Not later than 18
months after the date of enactment of this paragraph,
the Inspector General of the Department of Homeland
Security shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives on the State or Indian
tribal government's role to provide assistance under
this section. The report shall contain an assessment of
the effectiveness of the State or Indian tribal
government's role in providing assistance under this
section, including--
``(i) whether the State or Indian tribal
government's role helped to improve the general
speed of disaster recovery;
``(ii) whether the State or Indian tribal
government providing assistance under this section
had the capacity to administer this section; and
[[Page 132 STAT. 3447]]
``(iii) recommendations for changes to improve
the program if the State or Indian tribal
government's role to administer the programs
should be continued.
``(H) Report on incentives.--Not later than 12
months after the date of enactment of this paragraph,
the Administrator of the Federal Emergency Management
Agency shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives on a potential incentive
structure for awards made under this section to
encourage participation by eligible States and Indian
tribal governments. In developing this report, the
Administrator of the Federal Emergency Management Agency
shall consult with State, local, and Indian tribal
entities to gain their input on any such incentive
structure to encourage participation and shall include
this information in the report. This report should
address, among other options, potential adjustments to
the cost-share requirement and management costs to State
and Indian tribal governments.
``(I) Prohibition.--The President may not condition
the provision of Federal assistance under this Act on a
State or Indian tribal government requesting a grant
under this section.
``(J) Miscellaneous.--
``(i) Notice and comment.--The Administrator
of the Federal Emergency Management Agency may
waive notice and comment rulemaking with respect
to rules to carry out this section, if the
Administrator determines doing so is necessary to
expeditiously implement this section, and may
carry out this section as a pilot program until
such regulations are promulgated.
``(ii) Final rule.--Not later than 2 years
after the date of enactment of this paragraph, the
Administrator of the Federal Emergency Management
Agency shall issue final regulations to implement
this subsection as amended by the Disaster
Recovery Reform Act of 2018.
``(iii) Waiver and expiration.--The authority
under clause (i) and any pilot program implemented
pursuant to such clause shall expire 2 years after
the date of enactment of this paragraph or upon
issuance of final regulations pursuant to clause
(ii), whichever occurs sooner.''.
(b) <<NOTE: 42 USC 5174 note.>> Reimbursement.--The Federal
Emergency Management Agency (FEMA) shall reimburse State and local units
of government (for requests received within a period of 3 years after
the declaration of a major disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170))
upon determination that a locally implemented housing solution,
implemented by State or local units of government--
(1) costs 50 percent of comparable FEMA solution or whatever
the locally implemented solution costs, whichever is lower;
(2) complies with local housing regulations and ordinances;
and
[[Page 132 STAT. 3448]]
(3) the housing solution was implemented within 90 days of
the disaster.
SEC. 1212. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
(1) in paragraph (1), by inserting ``, excluding financial
assistance to rent alternate housing accommodations under
subsection (c)(1)(A)(i) and financial assistance to address
other needs under subsection (e)'' after ``disaster'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive under
subsection (e) shall be equivalent to the amount set forth in
paragraph (1) with respect to a single major disaster.'';
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Exclusion of necessary expenses for individuals with
disabilities.--
``(A) In general.--The maximum amount of assistance
established under paragraph (1) shall exclude expenses
to repair or replace damaged accessibility-related
improvements under paragraphs (2), (3), and (4) of
subsection (c) for individuals with disabilities.
``(B) Other needs assistance.--The maximum amount of
assistance established under paragraph (2) shall exclude
expenses to repair or replace accessibility-related
personal property under subsection (e)(2) for
individuals with disabilities.''.
SEC. 1213. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.
(a) Lease and Repair of Rental Units for Temporary Housing.--Section
408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended to
read as follows:
``(II) Improvements or repairs.--
Under the terms of any lease agreement
for property entered into under this
subsection, the value of the
improvements or repairs shall be
deducted from the value of the lease
agreement.''.
(b) Rental Properties Impacted.--Section 408(c)(1)(B)(ii)(I)(aa) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
``(aa) enter into lease
agreements with owners of
multifamily rental property
impacted by a major disaster or
located in areas covered by a
major disaster declaration to
house individuals and households
eligible for assistance under
this section; and''.
(c) Inspector General Report.--Not later than 2 years after the date
of the enactment of this Act, the inspector general of the Department of
Homeland Security shall--
[[Page 132 STAT. 3449]]
(1) assess the use of the authority provided under section
408(c)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)), as amended
by this division, including the adequacy of any benefit-cost
analysis done to justify the use of this alternative; and
(2) submit a report on the results of the assessment
conducted under paragraph (1) to the appropriate committees of
Congress.
SEC. 1214. PRIVATE NONPROFIT FACILITY.
Section 102(11)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is amended by inserting
``food banks,'' after ``shelter workshops,''.
SEC. 1215. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by striking ``any administrative
expense, and any other expense not directly chargeable to'' and
inserting ``any direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) in paragraph (1), as added by subparagraph (A),
by striking ``establish'' and inserting ``implement'';
and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator of the
Federal Emergency Management Agency shall provide the following
percentage rates, in addition to the eligible project costs, to
cover direct and indirect costs of administering the following
programs:
``(A) Hazard mitigation.--A grantee under section
404 may be reimbursed not more than 15 percent of the
total amount of the grant award under such section of
which not more than 10 percent may be used by the
grantee and 5 percent by the subgrantee for such costs.
``(B) Public assistance.--A grantee under sections
403, 406, 407, and 502 may be reimbursed not more than
12 percent of the total award amount under such
sections, of which not more than 7 percent may be used
by the grantee and 5 percent by the subgrantee for such
costs.''.
SEC. 1216. <<NOTE: 42 USC 5174a.>> FLEXIBILITY.
(a) Waiver Authority.--
(1) Definition.--In this subsection, the term ``covered
assistance'' means assistance provided--
(A) under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174); and
(B) in relation to a major disaster or emergency
declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170, 5191) on
or after October 28, 2012.
(2) Authority.--Notwithstanding section 3716(e) of title 31,
United States Code, the Administrator--
[[Page 132 STAT. 3450]]
(A) subject to subparagraph (B), may waive a debt
owed to the United States related to covered assistance
provided to an individual or household if--
(i) the covered assistance was distributed
based on an error by the Agency;
(ii) there was no fault on behalf of the
debtor; and
(iii) the collection of the debt would be
against equity and good conscience; and
(B) may not waive a debt under subparagraph (A) if
the debt involves fraud, the presentation of a false
claim, or misrepresentation by the debtor or any party
having an interest in the claim.
(3) Monitoring of covered assistance distributed based on
error.--
(A) In general.--The Inspector General of the
Department of Homeland Security shall monitor the
distribution of covered assistance to individuals and
households to determine the percentage of such
assistance distributed based on an error.
(B) Removal of waiver authority based on excessive
error rate.--If the Inspector General of the Department
of Homeland Security determines, with respect to any 12-
month period, that the amount of covered assistance
distributed based on an error by the Agency exceeds 4
percent of the total amount of covered assistance
distributed--
(i) the Inspector General shall notify the
Administrator and publish the determination in the
Federal Register; and
(ii) with respect to any major disaster or
emergency declared by the President under section
401 or section 501, respectively, of the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170; 42 U.S.C. 5191) after the
date on which the determination is published under
subparagraph (A), the authority of the
Administrator to waive debt under paragraph (2)
shall no longer be effective.
(b) Recoupment of Certain Assistance Prohibited.--
(1) In general.--Notwithstanding section 3716(e) of title
31, United States Code, and unless there is evidence of civil or
criminal fraud, the Agency may not take any action to recoup
covered assistance from the recipient of such assistance if the
receipt of such assistance occurred on a date that is more than
3 years before the date on which the Agency first provides to
the recipient written notification of an intent to recoup.
(2) Covered assistance defined.--In this subsection, the
term ``covered assistance'' means assistance provided--
(A) under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174); and
(B) in relation to a major disaster or emergency
declared by the President under section 401 or 501,
respectively, of such Act (42 U.S.C. 5170; 42 U.S.C.
5191) on or after January 1, 2012.
(c) Statute of Limitations.--
[[Page 132 STAT. 3451]]
(1) In general.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is
amended--
(A) in subsection (a)(1)--
(i) by striking ``Except'' and inserting
``Notwithstanding section 3716(e) of title 31,
United States Code, and except''; and
(ii) by striking ``report for the disaster or
emergency'' and inserting ``report for project
completion as certified by the grantee''; and
(B) in subsection (b)--
(i) in paragraph (1) by striking ``report for
the disaster or emergency'' and inserting ``report
for project completion as certified by the
grantee''; and
(ii) in paragraph (3) by inserting ``for
project completion as certified by the grantee''
after ``final expenditure report''.
(2) Applicability.--
(A) In general.--With respect to disaster or
emergency assistance provided to a State or local
government on or after January 1, 2004--
(i) no administrative action may be taken to
recover a payment of such assistance after the
date of enactment of this Act if the action is
prohibited under section 705(a)(1) of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5205(a)(1)), as amended
by paragraph (1); and
(ii) any administrative action to recover a
payment of such assistance that is pending on such
date of enactment shall be terminated if the
action is prohibited under section 705(a)(1) of
that Act, as amended by paragraph (1).
(B) Limitation.--This section, including the
amendments made by this section, may not be construed to
invalidate or otherwise affect any administration action
completed before the date of enactment of this Act.
SEC. 1217. ADDITIONAL DISASTER ASSISTANCE.
(a) Disaster Mitigation.--Section 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding
at the end the following:
``(e) Disaster Mitigation.--In providing assistance pursuant to
subsection (c)(2), if appropriate and as applicable, the Secretary may
encourage hazard mitigation in assistance provided pursuant to such
subsection.''.
(b) Emergency Management Assistance Compact Grants.--Section 661(d)
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
761(d)) is amended by striking ``for fiscal year 2008'' and inserting
``for each of fiscal years 2018 through 2022''.
(c) Emergency Management Performance Grants Program.--Section 662(f)
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
762(f)) is amended by striking ``the program'' and all that follows
through ``2012'' and inserting ``the program, for each of fiscal years
2018 through 2022''.
[[Page 132 STAT. 3452]]
(d) Technical Amendment.--Section 403(a)(3) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)(3)) is amended by striking the second subparagraph (J).
SEC. 1218. <<NOTE: 42 USC 5165g.>> NATIONAL VETERINARY EMERGENCY
TEAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may establish one or more national veterinary
emergency teams at accredited colleges of veterinary medicine.
(b) Responsibilities.--A national veterinary emergency team shall--
(1) deploy with a team of the National Urban Search and
Rescue Response System to assist with--
(A) veterinary care of canine search teams;
(B) locating and treating companion animals, service
animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic diseases;
(2) recruit, train, and certify veterinary professionals,
including veterinary students, in accordance with an established
set of plans and standard operating guidelines to carry out the
duties associated with planning for and responding to major
disasters and emergencies as described in paragraph (1);
(3) assist State governments, Indian tribal governments,
local governments, and nonprofit organizations in developing
emergency management and evacuation plans that account for the
care and rescue of animals and in improving local readiness for
providing veterinary medical response during an emergency or
major disaster; and
(4) coordinate with the Department of Homeland Security, the
Department of Health and Human Services, the Department of
Agriculture, State, local, and Indian tribal governments
(including departments of animal and human health), veterinary
and health care professionals, and volunteers.
SEC. 1219. RIGHT OF ARBITRATION.
Section 423 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189a) is amended by adding at the end the
following:
``(d) Right of Arbitration.--
``(1) In general.--Notwithstanding this section, an
applicant for assistance under this title may request
arbitration to dispute the eligibility for assistance or
repayment of assistance provided for a dispute of more than
$500,000 for any disaster that occurred after January 1, 2016.
Such arbitration shall be conducted by the Civilian Board of
Contract Appeals and the decision of such Board shall be
binding.
``(2) Review.--The Civilian Board of Contract Appeals shall
consider from the applicant all original and additional
documentation, testimony, or other such evidence supporting the
applicant's position at any time during arbitration.
``(3) Rural areas.--For an applicant for assistance in a
rural area under this title, the assistance amount eligible for
arbitration pursuant to this subsection shall be $100,000.
``(4) Rural area defined.--For the purposes of this
subsection, the term `rural area' means an area with a
population of less than 200,000 outside an urbanized area.
``(5) Eligibility.--To participate in arbitration under this
subsection, an applicant--
[[Page 132 STAT. 3453]]
``(A) shall submit the dispute to the arbitration
process established under the authority granted under
section 601 of Public Law 111-5; and
``(B) may submit a request for arbitration after the
completion of the first appeal under subsection (a) at
any time before the Administrator of the Federal
Emergency Management Agency has issued a final agency
determination or 180 days after the Administrator's
receipt of the appeal if the Administrator has not
provided the applicant with a final determination on the
appeal. The applicant's request shall contain
documentation from the administrative record for the
first appeal and may contain additional documentation
supporting the applicant's position.''.
SEC. 1220. <<NOTE: 42 USC 5189g note.>> UNIFIED FEDERAL
ENVIRONMENTAL AND HISTORIC PRESERVATION
REVIEW.
(a) Review and Analysis.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review the Unified
Federal Environmental and Historic Preservation review process
established pursuant to section 429 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5189g), and submit a
report to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate that includes the following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under Federal
law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a major disaster or emergency declared by the
President under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170, 5191).
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and analyses
under subsection (a), but not later than 2 years after the date of
enactment of this Act, and after providing notice and opportunity for
public comment, the Administrator shall issue regulations to implement
any regulatory recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the categorical
exclusions meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations, and section II of DHS
Instruction Manual 023-01-001-01.
SEC. 1221. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended
by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator of the Federal
Emergency Management Agency may develop incentives and penalties
that encourage State, local, or Indian tribal governments
[[Page 132 STAT. 3454]]
to close out expenditures and activities on a timely basis
related to disaster or emergency assistance.
``(2) Agency requirements.--The Federal Emergency Management
Agency shall, consistent with applicable regulations and
required procedures, meet its responsibilities to improve
closeout practices and reduce the time to close disaster program
awards.''.
(b) <<NOTE: 42 USC 5205 note.>> Regulations.--The Administrator
shall issue regulations to implement the amendment made by this section.
SEC. 1222. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the
following:
``(c) The Administrator of the Federal Emergency Management Agency
is authorized to appoint temporary personnel, after serving continuously
for 3 years, to positions in the Federal Emergency Management Agency in
the same manner that competitive service employees with competitive
status are considered for transfer, reassignment, or promotion to such
positions. An individual appointed under this subsection shall become a
career-conditional employee, unless the employee has already completed
the service requirements for career tenure.''.
SEC. 1223. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION
COLLECTION.
Not later than 1 year after the date of enactment of this Act, the
Administrator--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, the Disaster
Assistance Working Group of the Council of the Inspectors
General on Integrity and Efficiency, and other appropriate
agencies, conduct a study and develop a plan, consistent with
law, under which the collection of information from disaster
assistance applicants and grantees will be modified,
streamlined, expedited, efficient, flexible, consolidated, and
simplified to be less burdensome, duplicative, and time
consuming for applicants and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, the Disaster
Assistance Working Group of the Council of the Inspectors
General on Integrity and Efficiency, and other appropriate
agencies, develop a plan for the regular collection and
reporting of information on Federal disaster assistance awarded,
including the establishment and maintenance of a website for
presenting the information to the public; and
(3) submit the plans developed under paragraphs (1) and (2)
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate.
SEC. 1224. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:
[[Page 132 STAT. 3455]]
``SEC. 430. <<NOTE: 42 USC 5189h.>> AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an award of a
public assistance grant is made under section 406 that is in excess of
$1,000,000, the Administrator of the Federal Emergency Management Agency
shall publish on the website of the Federal Emergency Management Agency
the specifics of each such grant award, including--
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit organization;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator of the Federal Emergency Management Agency shall
publish on the website of the Federal Emergency Management
Agency any mission assignment or mission assignment task order
to another Federal department or agency regarding a major
disaster in excess of $1,000,000, including--
``(A) the name of the impacted State or Indian
Tribe;
``(B) the disaster declaration for such State or
Indian Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Indian tribal government cost
share, if applicable;
``(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
``(J) if applicable, the date a State or Indian
Tribe requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator of the Federal Emergency
Management Agency shall update any changes to the total cost
estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10 days after
the first day of each month, the Administrator of the Federal Emergency
Management Agency shall publish on the website of the Federal Emergency
Management Agency reports, including a specific description of the
methodology and the source data used in developing such reports,
including--
``(1) an estimate of the amounts for the fiscal year covered
by the President's most recent budget pursuant to section
1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
``(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
[[Page 132 STAT. 3456]]
``(C) the amount of obligations for noncatastrophic
events for the budget year;
``(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
``(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current fiscal year, the budget year, and each
fiscal year thereafter;
``(F) the amount of previously obligated funds that
will be recovered for the budget year;
``(G) the amount that will be required for
obligations for emergencies, as described in section
102(1), major disasters, as described in section 102(2),
fire management assistance grants, as described in
section 420, surge activities, and disaster readiness
and support activities; and
``(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year, which shall be submitted
not later than the fifth day of each month, published by the
Administrator of the Federal Emergency Management Agency on the
website of the Federal Emergency Management Agency not later
than the fifth day of each month:
``(A) A summary of the amount of appropriations made
available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made.
``(B) A table of disaster relief activity delineated
by month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic
events delineated by event and by State; and
``(iv) the amount of previously obligated
funds that are recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event.
``(D) The cost of the following categories of
spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category (including
emergency measures and disaster resources)
delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator of the Federal Emergency
Management Agency shall publish on the website of the Federal
Emergency Management Agency the specifics of each contract
[[Page 132 STAT. 3457]]
in excess of $1,000,000 that the Federal Emergency Management
Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount and scope of the contract;
``(D) if the contract was awarded through a
competitive bidding process;
``(E) if no competitive bidding process was used,
the reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive
bidding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator of the Federal Emergency
Management Agency shall provide a report to the appropriate
committees of Congress summarizing the following information for
the preceding fiscal year:
``(A) The number of contracts awarded without
competitive bidding.
``(B) The reasons why a competitive bidding process
was not used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.
``(e) Collection of Public Assistance Recipient and Subrecipient
Contracts.--
``(1) In general.--Not later than 180 days after the date of
enactment of this subsection, the Administrator of the Federal
Emergency Management Agency shall initiate and maintain an
effort to collect and store information, prior to the project
closeout phase on any contract entered into by a public
assistance recipient or subrecipient that through the base
award, available options, or any subsequent modifications has an
estimated value of more than $1,000,000 and is funded through
section 324, 403, 404, 406, 407, 428, or 502, including--
``(A) the disaster number, project worksheet number,
and the category of work associated with each contract;
``(B) the name of each party;
``(C) the date the contract was awarded;
``(D) the amount of the contract;
``(E) the scope of the contract;
``(F) the period of performance for the contract;
and
``(G) whether the contract was awarded through a
competitive bidding process.
``(2) Availability of information collected.--The
Administrator of the Federal Emergency Management Agency shall
make the information collected and stored under paragraph (1)
available to the Inspector General of the Department of Homeland
Security, the Government Accountability Office, and appropriate
committees of Congress, upon request.
``(3) Report.--Not later than 365 days after the date of
enactment of this subsection, the Administrator of the Federal
Emergency Management Agency shall submit a report to the
Committee on Homeland Security and Governmental Affairs
[[Page 132 STAT. 3458]]
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the efforts of
the Federal Emergency Management Agency to collect the
information described in paragraph (1).''.
SEC. 1225. <<NOTE: 42 USC 5161a.>> AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the Administrator of the
Federal Emergency Management Agency shall not reimburse a State or local
government, an Indian tribal government (as defined in section 102 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122), or the owner or operator of a private nonprofit facility
(as defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122) for any activities made
pursuant to a contract entered into after August 1, 2017, that prohibits
the Administrator or the Comptroller General of the United States from
auditing or otherwise reviewing all aspects relating to the contract.
SEC. 1226. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND
PLASTIC SHEETING.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Inspector General of the Department of Homeland
Security shall initiate an audit of the contracts awarded by the Agency
for tarps and plastic sheeting for the Commonwealth of Puerto Rico and
the United States Virgin Islands in response to Hurricane Irma and
Hurricane Maria.
(b) Considerations.--In carrying out the audit under subsection (a),
the inspector general shall review--
(1) the contracting process used by the Agency to evaluate
offerors and award the relevant contracts to contractors;
(2) the assessment conducted by the Agency of the past
performance of the contractors, including any historical
information showing that the contractors had supported large-
scale delivery quantities in the past;
(3) the assessment conducted by the Agency of the capacity
of the contractors to carry out the relevant contracts,
including with respect to inventory, production, and financial
capabilities;
(4) how the Agency ensured that the contractors met the
terms of the relevant contracts; and
(5) whether the failure of the contractors to meet the terms
of the relevant contracts and the subsequent cancellation by the
Agency of the relevant contracts affected the provision of tarps
and plastic sheeting to the Commonwealth of Puerto Rico and the
United States Virgin Islands.
(c) Report.--Not later than 270 days after the date of initiation of
the audit under subsection (a), the inspector general shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the results of the audit, including
findings and recommendations.
SEC. 1227. RELIEF ORGANIZATIONS.
Section 309 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5152) is amended--
(1) in subsection (a), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''; and
[[Page 132 STAT. 3459]]
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''.
SEC. 1228. <<NOTE: 42 USC 5172 note.>> GUIDANCE ON INUNDATED AND
SUBMERGED ROADS.
The Administrator of the Federal Emergency Management Agency, in
coordination with the Administrator of the Federal Highway
Administration, shall develop and issue guidance for State, local, and
Indian tribal governments regarding repair, restoration, and replacement
of inundated and submerged roads damaged or destroyed by a major
disaster, and for associated expenses incurred by the Government, with
respect to roads eligible for assistance under section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172).
SEC. 1229. EXTENSION OF ASSISTANCE.
(a) In General.--Notwithstanding any other provision of law, in the
case of an individual eligible to receive unemployment assistance under
section 410(a) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5177(a)) as a result of a disaster declaration
made for Hurricane Irma and Hurricane Maria in the Commonwealth of
Puerto Rico and the United States Virgin Islands, the President shall
make such assistance available for 52 weeks after the date of the
disaster declaration effective as if enacted at the time of the disaster
declaration.
(b) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this section.
SEC. 1230. <<NOTE: 42 USC 5172 note.>> GUIDANCE AND
RECOMMENDATIONS.
(a) Guidance.--The Administrator shall provide guidance to a common
interest community that provides essential services of a governmental
nature on actions that a common interest community may take in order to
be eligible to receive reimbursement from a grantee that receives funds
from the Agency for certain activities performed after an event that
results in a major disaster declared by the President under section 401
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170).
(b) Recommendations.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a legislative proposal on how to provide eligibility for disaster
assistance with respect to common areas of condominiums and housing
cooperatives.
(c) Effective Date.--This section shall be effective on the date of
enactment of this Act.
SEC. 1231. <<NOTE: 42 USC 5172 note.>> GUIDANCE ON HAZARD
MITIGATION ASSISTANCE.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall issue guidance regarding the
acquisition of property for open space as a mitigation measure under
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) that includes--
(1) a process by which the State hazard mitigation officer
appointed for such an acquisition shall, not later than 60 days
after the applicant for assistance enters into an agreement
[[Page 132 STAT. 3460]]
with the Administrator regarding the acquisition, provide
written notification to each affected unit of local government
for such acquisition that includes--
(A) the location of the acquisition;
(B) the State-local assistance agreement for the
hazard mitigation grant program;
(C) a description of the acquisition; and
(D) a copy of the deed restriction; and
(2) recommendations for entering into and implementing a
memorandum of understanding between units of local government
and covered entities that includes provisions to allow an
affected unit of local government notified under paragraph (1)
to--
(A) use and maintain the open space created by such
a project, consistent with section 404 (including
related regulations, standards, and guidance) and
consistent with all adjoining property, subject to the
notification of the adjoining property, so long as the
cost of the maintenance is borne by the local
government; and
(B) maintain the open space pursuant to standards
exceeding any local government standards defined in the
agreement with the Administrator described under
paragraph (1).
(b) Definitions.--In this section:
(1) Affected unit of local government.--The term ``affected
unit of local government'' means any entity covered by the
definition of local government in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122), that has jurisdiction over the property subject to the
acquisition described in subsection (a).
(2) Covered entity.--The term ``covered entity'' means--
(A) the grantee or subgrantee receiving assistance
for an open space project described in subsection (a);
(B) the State in which such project is located; and
(C) the applicable Regional Administrator of the
Agency.
SEC. 1232. <<NOTE: 42 USC 5170 note.>> LOCAL IMPACT.
(a) In General.--In making recommendations to the President
regarding a major disaster declaration, the Administrator of the Federal
Emergency Management Agency shall give greater consideration to severe
local impact or recent multiple disasters. Further, the Administrator
shall make corresponding adjustments to the Agency's policies and
regulations regarding such consideration. Not later than 1 year after
the date of enactment of this section, the Administrator shall report to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on the changes made to regulations and policies
and the number of declarations that have been declared based on the new
criteria.
(b) Effective Date.--This section shall be effective on the date of
enactment of this Act.
SEC. 1233. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c), as amended by this division, is
further amended by adding at the end the following:
[[Page 132 STAT. 3461]]
``(g) Use of Assistance for Earthquake Hazards.--Recipients of
hazard mitigation assistance provided under this section and section 203
may use the assistance to conduct activities to help reduce the risk of
future damage, hardship, loss, or suffering in any area affected by
earthquake hazards, including--
``(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.''.
SEC. 1234. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD
MITIGATION.
(a) Predisaster Hazard Mitigation.--Section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133)
is amended--
(1) in subsection (c) by inserting ``Public Infrastructure''
after ``the National'';
(2) in subsection (e)(1)(B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause
(iii) and inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out enforcement
activities and implement the latest published
editions of relevant consensus-based codes,
specifications, and standards that incorporate the
latest hazard-resistant designs and establish
minimum acceptable criteria for the design,
construction, and maintenance of residential
structures and facilities that may be eligible for
assistance under this Act for the purpose of
protecting the health, safety, and general welfare
of the buildings' users against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after ``competitive
basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available
to local governments of a State) under this subsection
that remain unobligated by the end of the third fiscal
year after the fiscal year for which the amounts were
allocated; and
``(B) in the fiscal year following a fiscal year in
which amounts were withdrawn under subparagraph (A), add
the amounts to any other amounts available to be awarded
on a competitive basis pursuant to paragraph (1).'';
(4) in subsection (g)--
(A) by inserting ``provide financial assistance only
in States that have received a major disaster
declaration in the previous 7 years, or to any Indian
tribal government located partially or entirely within
the boundaries of such States, and'' after ``the
President shall'';
[[Page 132 STAT. 3462]]
(B) in paragraph (9) by striking ``and'' at the end;
(C) by redesignating paragraph (10) as paragraph
(12); and
(D) by adding after paragraph (9) the following:
``(10) the extent to which the State, local, Indian tribal,
or territorial government has facilitated the adoption and
enforcement of the latest published editions of relevant
consensus-based codes, specifications, and standards, including
amendments made by State, local, Indian tribal, or territorial
governments during the adoption process that incorporate the
latest hazard-resistant designs and establish criteria for the
design, construction, and maintenance of residential structures
and facilities that may be eligible for assistance under this
Act for the purpose of protecting the health, safety, and
general welfare of the buildings' users against disasters;
``(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
``(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount of
the grants to be made pursuant to sections 403, 406, 407, 408,
410, 416, and 428 for the major disaster in order to provide
technical and financial assistance under this section and such
set aside shall be deemed to be related to activities carried
out pursuant to major disasters under this Act.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declaration pursuant to this Act, the
estimated aggregate amount of grants for purposes of paragraph
(1) shall be determined by the President and such estimated
amount need not be reduced, increased, or changed due to
variations in estimates.
``(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts otherwise
made available for sections 403, 404, 406, 407, 408, 410, 416,
and 428 under this Act.''; and
(6) by striking subsections (j) and (m);
(7) by redesignating subsections (k), (l), and (n) as
subsections (j), (k), and (l), respectively and
(8) by adding at the end the following:
``(m) Latest Published Editions.--For purposes of subsections
(e)(1)(B)(iv) and (g)(10), the term `latest published editions' means,
with respect to relevant consensus-based codes, specifications, and
standards, the 2 most recently published editions.''.
(b) <<NOTE: 42 USC 5133 note.>> Applicability.--The amendments made
to section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of subsection
(a) shall apply to funds appropriated on or after the date of enactment
of this Act.
(c) Sense of Congress.--It is the sense of Congress that--
(1) all funding expended from the National Public
Infrastructure Predisaster Mitigation Assistance created by
Section 203(i)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133), as added by this
section, shall not be considered part of FEMA's regular
appropriations
[[Page 132 STAT. 3463]]
for non-Stafford activities, also known as the Federal Emergency
Management Agency's Disaster Relief Fund base; and
(2) the President should have the funds related to the
National Public Infrastructure Predisaster Mitigation Assistance
created by Section 203(i)(1) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), as added
by this section, identified in and allocated from the Federal
Emergency Management Agency's Disaster Relief Fund for major
disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(d) <<NOTE: 42 USC 5133 note.>> Sunset.--On the date that is 5
years after the date of enactment of this Act, section 203 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133) is amended by striking subsection (m), as added by subsection
(a)(8) of this section.
SEC. 1235. ADDITIONAL MITIGATION ACTIVITIES.
(a) Hazard Mitigation Clarification.--Section 404(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) is amended by striking the first sentence and inserting the
following: ``The President may contribute up to 75 percent of the cost
of hazard mitigation measures which the President has determined are
cost effective and which substantially reduce the risk of, or increase
resilience to, future damage, hardship, loss, or suffering in any area
affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A))
is amended--
(1) in the matter preceding clause (i), by inserting after
``section,'' the following: ``for disasters declared on or after
August 1, 2017, or a disaster in which a cost estimate has not
yet been finalized for a project, or for any project for which
the finalized cost estimate is on appeal,'';
(2) in clause (i), by striking ``and'' at the end;
(3) in clause (ii)--
(A) by striking ``codes, specifications, and
standards'' and inserting ``the latest published
editions of relevant consensus-based codes,
specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities
that may be eligible for assistance under this Act for
the purposes of protecting the health, safety, and
general welfare of a facility's users against
disasters'';
(B) by striking ``applicable at the time at which
the disaster occurred''; and
(C) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(iii) in a manner that allows the facility
to meet the definition of resilient developed
pursuant to this subsection.''.
(c) Other Eligible Cost.--Section 406(e)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(e)(1)) is further amended by adding at the end the following:
[[Page 132 STAT. 3464]]
``(C) Contributions.--Contributions for the eligible
cost made under this section may be provided on an
actual cost basis or on cost-estimation procedures.''.
(d) New Rules.--Section 406(e) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172(e)) is further
amended by adding at the end the following:
``(5) New rules.--
``(A) In general.--Not later than 18 months after
the date of enactment of this paragraph, the President,
acting through the Administrator of the Federal
Emergency Management Agency, and in consultation with
the heads of relevant Federal departments and agencies,
shall issue a final rulemaking that defines the terms
`resilient' and `resiliency' for purposes of this
subsection.
``(B) Interim guidance.--Not later than 60 days
after the date of enactment of this paragraph, the
Administrator shall issue interim guidance to implement
this subsection. Such interim guidance shall expire 18
months after the date of enactment of this paragraph or
upon issuance of final regulations pursuant to
subparagraph (A), whichever occurs first.
``(C) Guidance.--Not later than 90 days after the
date on which the Administrator issues the final
rulemaking under this paragraph, the Administrator shall
issue any necessary guidance related to the rulemaking.
``(D) Report.--Not later than 2 years after the date
of enactment of this paragraph, the Administrator shall
submit to Congress a report summarizing the regulations
and guidance issued pursuant to this paragraph.''.
(e) Conforming Amendment.--Section 205(d)(2) of the Disaster
Mitigation Act of 2000 (42 U.S.C. 5172 note) is amended by inserting
``(B)'' after ``except that paragraph (1)''.
SEC. 1236. <<NOTE: 42 USC 5196g.>> GUIDANCE AND TRAINING BY FEMA
ON COORDINATION OF EMERGENCY RESPONSE
PLANS.
(a) Training Requirement.--The Administrator, in coordination with
other relevant agencies, shall provide guidance and training on an
annual basis to State, local, and Indian tribal governments, first
responders, and facilities that store hazardous materials on
coordination of emergency response plans in the event of a major
disaster or emergency, including severe weather events. The guidance and
training shall include the following:
(1) Providing a list of equipment required in the event a
hazardous substance is released into the environment.
(2) Outlining the health risks associated with exposure to
hazardous substances to improve treatment response.
(3) Publishing best practices for mitigating further danger
to communities from hazardous substances.
(b) Implementation.--The requirement of subsection (a) shall be
implemented not later than 180 days after the date of enactment of this
Act.
SEC. 1237. <<NOTE: 42 USC 5205a.>> CERTAIN RECOUPMENT PROHIBITED.
(a) In General.--Notwithstanding any other provision of law, the
Agency shall deem any covered disaster assistance to have been properly
procured, provided, and utilized, and shall restore any funding of
covered disaster assistance previously provided but subsequently
withdrawn or deobligated.
[[Page 132 STAT. 3465]]
(b) Covered Disaster Assistance Defined.--In this section, the term
``covered disaster assistance'' means assistance--
(1) provided to a local government pursuant to section 403,
406, or 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173); and
(2) with respect to which the inspector general of the
Department of Homeland Security has determined, after an audit,
that--
(A) the Agency deployed to the local government a
Technical Assistance Contractor to review field
operations, provide eligibility advice, and assist with
day-to-day decisions;
(B) the Technical Assistance Contractor provided
inaccurate information to the local government; and
(C) the local government relied on the inaccurate
information to determine that relevant contracts were
eligible, reasonable, and reimbursable.
(c) Effective Date.--This section shall be effective on the date of
enactment of this Act.
SEC. 1238. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS AND
NONPROFIT FACILITIES.
(a) <<NOTE: 42 USC 5174b.>> Critical Document Fee Waiver.--
(1) In general.--Notwithstanding section 1 of the Passport
Act of June 4, 1920 (22 U.S.C. 214) or any other provision of
law, the President, in consultation with the Governor of a
State, may provide a waiver under this subsection to an
individual or household described in section 408(e)(1) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174(e)(1)) for the following document replacement
fees:
(A) The passport application fee for individuals who
lost their United States passport in a major disaster
within the preceding three calendar years.
(B) The file search fee for a United States
passport.
(C) The Application for Waiver of Passport and/or
Visa form (Form I-193) fee.
(D) The Permanent Resident Card replacement form
(Form I-90) filing fee.
(E) The Declaration of Intention form (Form N-300)
filing fee.
(F) The Naturalization/Citizenship Document
replacement form (Form N-565) filing fee.
(G) The Employment Authorization form (Form I-765)
filing fee.
(H) The biometric service fee.
(2) Exemption from form requirement.--The authority of the
President to waive fees under subparagraphs (C) through (H) of
paragraph (1) applies regardless of whether the individual or
household qualifies for a Form I-912 Request for Fee Waiver, or
any successor thereto.
(3) Exemption from assistance maximum.--The assistance limit
in section 408(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(h)) shall not apply to
any fee waived under this subsection.
[[Page 132 STAT. 3466]]
(4) Report.--Not later than 365 days after the date of
enactment of this subsection, the Administrator and the head of
any other agency given critical document fee waiver authority
under this subsection shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on the costs associated with providing critical
document fee waivers as described in paragraph (1).
(b) Federal Assistance to Private Nonprofit Childcare Facilities.--
Section 102(11)(A) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(11)(A)) is amended--
(1) in the second subparagraph (A) (as added by Public Law
115-123), by inserting ``center-based childcare,'' after
``facility),''; and
(2) in the first subparagraph (A), by striking ``(a) in
general.--The term `private nonprofit facility' means private
nonprofit educational, utility'' and all that follows through
``President.''.
(c) <<NOTE: 42 USC 5122 note.>> Applicability.--The amendment made
by subsection (b)(1) shall apply to any major disaster or emergency
declared by the President under section 401 or 501, respectively, of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170, 5191) on or after the date of enactment of this Act.
SEC. 1239. <<NOTE: 42 USC 5170 note.>> COST OF ASSISTANCE
ESTIMATES.
(a) In General.--Not later than 270 days after the date of enactment
of this Act, the Administrator shall review the factors considered when
evaluating a request for a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), specifically the estimated cost of the assistance, and provide
a report and briefing to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(b) Rulemaking.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall review and initiate a rulemaking to
update the factors considered when evaluating a Governor's request for a
major disaster declaration, including reviewing how the Agency estimates
the cost of major disaster assistance, and consider other impacts on the
capacity of a jurisdiction to respond to disasters. In determining the
capacity of a jurisdiction to respond to disasters, and prior to the
issuance of such a rule, the Administrator shall engage in meaningful
consultation with relevant representatives of State, regional, local,
and Indian tribal government stakeholders.
SEC. 1240. REPORT ON INSURANCE SHORTFALLS.
Not later than 2 years after the date of enactment of this section,
and each year thereafter until 2023, the Administrator of the Federal
Emergency Management Agency shall submit a report to Congress on the
number of instances and the estimated amounts involved, by State, for
cases in which self-insurance amounts have been insufficient to address
flood damages.
SEC. 1241. <<NOTE: 42 USC 5172 note.>> POST DISASTER BUILDING
SAFETY ASSESSMENT.
(a) Building Safety Assessment Team.--
[[Page 132 STAT. 3467]]
(1) In general.--The Administrator shall coordinate with
State and local governments and organizations representing
design professionals, such as architects and engineers, to
develop guidance, including best practices, for post-disaster
assessment of buildings by licensed architects and engineers to
ensure the design professionals properly analyze the structural
integrity and livability of buildings and structures.
(2) Publication.--The Administrator shall publish the
guidance required to be developed under paragraph (1) not later
than 1 year after the date of enactment of this Act.
(b) National Incident Management System.--The Administrator shall
revise or issue guidance as required to the National Incident Management
System Resource Management component to ensure the functions of post-
disaster building safety assessment, such as those functions performed
by design professionals are accurately resource typed within the
National Incident Management System.
(c) Effective Date.--This section shall be effective on the date of
enactment of this Act.
SEC. 1242. FEMA UPDATES ON NATIONAL PREPAREDNESS ASSESSMENT.
Not later than 6 months after the date of enactment of this Act, and
every 6 months thereafter until completion, the Administrator shall
submit to the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committees on Transportation and Infrastructure and
Homeland Security of the House of Representatives an update on the
progress of the Agency in completing action 6 with respect to the report
published by the Government Accountability Office entitled ``2012 Annual
Report: Opportunities to Reduce Duplication, Overlap and Fragmentation,
Achieve Savings, and Enhance Revenue'' (February 28, 2012), which
recommends the Agency to--
(1) complete a national preparedness assessment of
capability gaps at each level based on tiered, capability-
specific performance objectives to enable prioritization of
grant funding; and
(2) identify the potential costs for establishing and
maintaining those capabilities at each level and determine what
capabilities Federal agencies should provide.
SEC. 1243. FEMA REPORT ON DUPLICATION IN NON-NATURAL DISASTER
PREPAREDNESS GRANT PROGRAMS.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall submit to the Committees on Homeland Security and
Governmental Affairs of the Senate and the Committees on Transportation
and Infrastructure and Homeland Security of the House of Representatives
a report on the results of the efforts of the Agency to identify and
prevent unnecessary duplication within and across the non-natural
disaster preparedness grant programs of the Agency, as recommended in
the report published by the Government Accountability Office entitled
``2012 Annual Report: Opportunities to Reduce Duplication, Overlap and
Fragmentation, Achieve Savings, and Enhance Revenue'' (February 28,
2012), including with respect to--
(1) the Urban Area Security Initiative established under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C.
604);
[[Page 132 STAT. 3468]]
(2) the Port Security Grant Program authorized under section
70107 of title 46, United States Code;
(3) the State Homeland Security Grant Program established
under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605); and
(4) the Transit Security Grant Program authorized under
titles XIV and XV of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1131 et seq.).
SEC. 1244. STUDY AND REPORT.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall enter into a contract with the
National Academy of Medicine to conduct a study and prepare a report as
described in subsection (b).
(b) Study and Report.--
(1) Study.--
(A) In general.--The study described in this
subsection shall be a study of matters concerning best
practices in mortality counts as a result of a major
disaster (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122)).
(B) Contents.--The study described in this
subsection shall address approaches to quantifying
mortality and significant morbidity among populations
affected by major disasters, which shall include best
practices and policy recommendations for--
(i) equitable and timely attribution, in order
to facilitate access to available benefits, among
other things;
(ii) timely prospective tracking of population
levels of mortality and significant morbidity, and
their causes, in order to continuously inform
response efforts; and
(iii) a retrospective study of disaster-
related mortality and significant morbidity to
inform after-action analysis and improve
subsequent preparedness efforts.
(2) Report.--Not later than 2 years after the date on which
the contract described in subsection (a) is entered into, the
National Academy of Medicine shall complete and transmit to the
Administrator a report on the study described in paragraph (1).
(c) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this section.
SEC. 1245. <<NOTE: 42 USC 5172 note.>> REVIEW OF ASSISTANCE FOR
DAMAGED UNDERGROUND WATER
INFRASTRUCTURE.
(a) Definition of Public Assistance Grant Program.--The term
``public assistance grant program'' means the public assistance grant
program authorized under sections 403, 406, 407, 428, and 502(a) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, 5173, 5192(a)).
(b) Review and Briefing.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall--
(1) conduct a review of the assessment and eligibility
process under the public assistance grant program with respect
to assistance provided for damaged underground water
infrastructure as a result of a major disaster declared under
section 401 of such Act (42 U.S.C. 5170), including wildfires,
and shall
[[Page 132 STAT. 3469]]
include the extent to which local technical memoranda, prepared
by a local unit of government in consultation with the relevant
State or Federal agencies, identified damaged underground water
infrastructure that should be eligible for the public assistance
grant program; and
(2) provide to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on the review conducted under
paragraph (1).
(c) Report and Recommendations.--The Administrator shall--
(1) not later than 180 days after the date of enactment of
this Act, issue a report on the review conducted under
subsection (b)(1); and
(2) not later than 180 days after the date on which the
Administrator issues the report required under paragraph (1),
initiate a rulemaking, if appropriate, to address any
recommendations contained in the report.
SEC. 1246. EXTENSION.
The Administrator shall extend the deadlines to implement the
reasonable and prudent alternative outlined in the jeopardy biological
opinion dated April 14, 2016, by up to 3 years from the date of
enactment of this Act. Within 18 months from the date of enactment of
this Act, the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs, the Committee on Banking, Housing,
and Urban Affairs, and the Committee on Environment and Public Works of
the Senate; and the Committee on Homeland Security, the Committee on
Natural Resources, and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the status of
implementing these reasonable and prudent alternatives.
DIVISION E--CONCRETE <<NOTE: Concrete Masonry Products Research,
Education, and Promotion Act of 2018. 15 USC 8701 note. 15 USC 8701.>>
MASONRY
SEC. 1301. SHORT TITLE.
This division may be cited as the ``Concrete Masonry Products
Research, Education, and Promotion Act of 2018''.
SEC. 1302. DECLARATION OF POLICY.
(a) Purpose.--The purpose of this division is to authorize the
establishment of an orderly program for developing, financing, and
carrying out an effective, continuous, and coordinated program of
research, education, and promotion, including funds for marketing and
market research activities, that is designed to--
(1) strengthen the position of the concrete masonry products
industry in the domestic marketplace;
(2) maintain, develop, and expand markets and uses for
concrete masonry products in the domestic marketplace; and
(3) promote the use of concrete masonry products in
construction and building.
(b) Limitation.--Nothing in this division may be construed to
provide for the control of production or otherwise limit the right of
any person to manufacture concrete masonry products.
SEC. 1303. <<NOTE: 15 USC 8702.>> DEFINITIONS.
For the purposes of this division:
[[Page 132 STAT. 3470]]
(1) Block machine.--The term ``block machine'' means a piece
of equipment that utilizes vibration and compaction to form
concrete masonry products.
(2) Board.--The term ``Board'' means the Concrete Masonry
Products Board established under section 1305.
(3) Cavity.--The term ``cavity'' means the open space in the
mold of a block machine capable of forming a single concrete
masonry unit having nominal plan dimensions of 8 inches by 16
inches.
(4) Concrete masonry products.--The term ``concrete masonry
products'' refers to a broader class of products, including
concrete masonry units as well as hardscape products such as
concrete pavers and segmental retaining wall units, manufactured
on a block machine using dry-cast concrete.
(5) Concrete masonry unit.--The term ``concrete masonry
unit''--
(A) means a concrete masonry product that is a
manmade masonry unit having an actual width of 3 inches
or greater and manufactured from dry-cast concrete using
a block machine; and
(B) includes concrete block and related concrete
units used in masonry applications.
(6) Conflict of interest.--The term ``conflict of interest''
means, with respect to a member or employee of the Board, a
situation in which such member or employee has a direct or
indirect financial or other interest in a person that performs a
service for, or enters into a contract with, for anything of
economic value.
(7) Department.--The term ``Department'' means the
Department of Commerce.
(8) Dry-cast concrete.--The term ``dry-cast concrete'' means
a composite material that is composed essentially of aggregates
embedded in a binding medium composed of a mixture of
cementitious materials (including hydraulic cement, pozzolans,
or other cementitious materials) and water of such a consistency
to maintain its shape after forming in a block machine.
(9) Education.--The term ``education'' means programs that
will educate or communicate the benefits of concrete masonry
products in safe and environmentally sustainable development,
advancements in concrete masonry product technology and
development, and other information and programs designed to
generate increased demand for commercial, residential,
multifamily, and institutional projects using concrete masonry
products and to generally enhance the image of concrete masonry
products.
(10) Machine cavities.--The term ``machine cavities'' means
the cavities with which a block machine could be equipped.
(11) Machine cavities in operation.--The term ``machine
cavities in operation'' means those machine cavities associated
with a block machine that have produced concrete masonry units
within the last 6 months of the date set for determining
eligibility and is fully operable and capable of producing
concrete masonry units.
[[Page 132 STAT. 3471]]
(12) Manufacturer.--The term ``manufacturer'' means any
person engaged in the manufacturing of commercial concrete
masonry products in the United States.
(13) Masonry unit.--The term ``masonry unit'' means a
noncombustible building product intended to be laid by hand or
joined using mortar, grout, surface bonding, post-tensioning or
some combination of these methods.
(14) Order.--The term ``order'' means an order issued under
section 1304.
(15) Person.--The term ``person'' means any individual,
group of individuals, partnership, corporation, association,
cooperative, or any other entity.
(16) Promotion.--The term ``promotion'' means any action,
including paid advertising, to advance the image and
desirability of concrete masonry products with the express
intent of improving the competitive position and stimulating
sales of concrete masonry products in the marketplace.
(17) Research.--The term ``research'' means studies testing
the effectiveness of market development and promotion efforts,
studies relating to the improvement of concrete masonry products
and new product development, and studies documenting the
performance of concrete masonry.
(18) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(19) United states.--The term ``United States'' means the
several States and the District of Columbia.
SEC. 1304. <<NOTE: 15 USC 8703.>> ISSUANCE OF ORDERS.
(a) In General.--
(1) Issuance.--The Secretary, subject to the procedures
provided in subsection (b), shall issue orders under this
division applicable to manufacturers of concrete masonry
products.
(2) Scope.--Any order shall be national in scope.
(3) One order.--Not more than 1 order shall be in effect at
any one time.
(b) Procedures.--
(1) Development or receipt of proposed order.--A proposed
order with respect to the generic research, education, and
promotion with regards to concrete masonry products may be--
(A) proposed by the Secretary at any time; or
(B) requested by or submitted to the Secretary by--
(i) an existing national organization of
concrete masonry product manufacturers; or
(ii) any person that may be affected by the
issuance of an order.
(2) Publication of proposed order.--If the Secretary
determines that a proposed order received in accordance with
paragraph (1)(B) is consistent with and will effectuate the
purpose of this division, the Secretary shall publish such
proposed order in the Federal Register not later than 90 days
after receiving the order, and give not less than 30 days notice
and opportunity for public comment on the proposed order.
(3) Issuance of order.--
(A) In general.--After notice and opportunity for
public comment are provided in accordance with paragraph
[[Page 132 STAT. 3472]]
(2), the Secretary shall issue the order, taking into
consideration the comments received and including in the
order such provisions as are necessary to ensure that
the order is in conformity with this division.
(B) Effective date.--If there is an affirmative vote
in a referendum as provided in section 1307, the
Secretary shall issue the order and such order shall be
effective not later than 140 days after publication of
the proposed order.
(c) Amendments.--The Secretary may, from time to time, amend an
order. The provisions of this division applicable to an order shall be
applicable to any amendment to an order.
SEC. 1305. <<NOTE: 15 USC 8704.>> REQUIRED TERMS IN ORDERS.
(a) In General.--Any order issued under this division shall contain
the terms and provisions specified in this section.
(b) Concrete Masonry Products Board.--
(1) Establishment and membership.--
(A) Establishment.--The order shall provide for the
establishment of a Concrete Masonry Products Board to
carry out a program of generic promotion, research, and
education regarding concrete masonry products.
(B) Membership.--
(i) Number of members.--The Board shall
consist of not fewer than 15 and not more than 25
members.
(ii) Appointment.--The members of the Board
shall be appointed by the Secretary from
nominations submitted as provided in the order.
(iii) Composition.--The Board shall consist of
manufacturers. No employee of an industry trade
organization exempt from tax under paragraph (3)
or (6) of section 501(c) of the Internal Revenue
Code of 1986 representing the concrete masonry
industry or related industries shall serve as a
member of the Board and no member of the Board may
serve concurrently as an officer of the board of
directors of a national concrete masonry products
industry trade association. Only 2 individuals
from any single company or its affiliates may
serve on the Board at any one time.
(2) Distribution of appointments.--
(A) Representation.--To ensure fair and equitable
representation of the concrete masonry products
industry, the composition of the Board shall reflect the
geographical distribution of the manufacture of concrete
masonry products in the United States, the types of
concrete masonry products manufactured, and the range in
size of manufacturers in the United States.
(B) Adjustment in board representation.--Three years
after the assessment of concrete masonry products
commences pursuant to an order, and at the end of each
3-year period thereafter, the Board, subject to the
review and approval of the Secretary, shall, if
warranted, recommend to the Secretary the
reapportionment of the Board membership to reflect
changes in the geographical distribution of the
manufacture of concrete masonry products and the types
of concrete masonry products manufactured.
[[Page 132 STAT. 3473]]
(3) Nominations process.--The Secretary may make
appointments from nominations by manufacturers pursuant to the
method set forth in the order.
(4) Failure to appoint.--If the Secretary fails to make an
appointment to the Board within 60 days of receiving nominations
for such appointment, the first nominee for such appointment
shall be deemed appointed, unless the Secretary provides
reasonable justification for the delay to the Board and to
Congress and provides a reasonable date by which approval or
disapproval will be made.
(5) Alternates.--The order shall provide for the selection
of alternate members of the Board by the Secretary in accordance
with procedures specified in the order.
(6) Terms.--
(A) In general.--The members and any alternates of
the Board shall each serve for a term of 3 years, except
that members and any alternates initially appointed to
the Board shall serve for terms of not more than 2, 3,
and 4 years, as specified by the order.
(B) Limitation on consecutive terms.--A member or an
alternate may serve not more than 2 consecutive terms.
(C) Continuation of term.--Notwithstanding
subparagraph (B), each member or alternate shall
continue to serve until a successor is appointed by the
Secretary.
(D) Vacancies.--A vacancy arising before the
expiration of a term of office of an incumbent member or
alternate of the Board shall be filled in a manner
provided for in the order.
(7) Disqualification from board service.--The order shall
provide that if a member or alternate of the Board who was
appointed as a manufacturer ceases to qualify as a manufacturer,
such member or alternate shall be disqualified from serving on
the Board.
(8) Compensation.--
(A) In general.--Members and any alternates of the
Board shall serve without compensation.
(B) Travel expenses.--If approved by the Board,
members or alternates shall be reimbursed for reasonable
travel expenses, which may include per diem allowance or
actual subsistence incurred while away from their homes
or regular places of business in the performance of
services for the Board.
(c) Powers and Duties of the Board.--The order shall specify the
powers and duties of the Board, including the power and duty--
(1) to administer the order in accordance with its terms and
conditions and to collect assessments;
(2) to develop and recommend to the Secretary for approval
such bylaws as may be necessary for the functioning of the Board
and such rules as may be necessary to administer the order,
including activities authorized to be carried out under the
order;
(3) to meet, organize, and select from among members of the
Board a chairperson, other officers, and committees and
subcommittees, as the Board determines appropriate;
(4) to establish regional organizations or committees to
administer regional initiatives;
[[Page 132 STAT. 3474]]
(5) to establish working committees of persons other than
Board members;
(6) to employ such persons, other than the members, as the
Board considers necessary, and to determine the compensation and
specify the duties of the persons;
(7) to prepare and submit for the approval of the Secretary,
before the beginning of each fiscal year, rates of assessment
under section 1306 and an annual budget of the anticipated
expenses to be incurred in the administration of the order,
including the probable cost of each promotion, research, and
information activity proposed to be developed or carried out by
the Board;
(8) to borrow funds necessary for the startup expenses of
the order;
(9) to carry out generic research, education, and promotion
programs and projects relating to concrete masonry products, and
to pay the costs of such programs and projects with assessments
collected under section 1306;
(10) subject to subsection (e), to enter into contracts or
agreements to develop and carry out programs or projects of
research, education, and promotion relating to concrete masonry
products;
(11) to keep minutes, books, and records that reflect the
actions and transactions of the Board, and promptly report
minutes of each Board meeting to the Secretary;
(12) to receive, investigate, and report to the Secretary
complaints of violations of the order;
(13) to furnish the Secretary with such information as the
Secretary may request;
(14) to recommend to the Secretary such amendments to the
order as the Board considers appropriate; and
(15) to provide the Secretary with advance notice of
meetings to permit the Secretary, or the representative of the
Secretary, to attend the meetings.
(d) Programs and Projects; Budgets; Expenses.--
(1) Programs and projects.--
(A) In general.--The order shall require the Board
to submit to the Secretary for approval any program or
project of research, education, or promotion relating to
concrete masonry products.
(B) Statement required.--Any educational or
promotional activity undertaken with funds provided by
the Board shall include a statement that such activities
were supported in whole or in part by the Board.
(2) Budgets.--
(A) Submission.--The order shall require the Board
to submit to the Secretary for approval a budget of the
anticipated expenses and disbursements of the Board in
the implementation of the order, including the projected
costs of concrete masonry products research, education,
and promotion programs and projects.
(B) Timing.--The budget shall be submitted before
the beginning of a fiscal year and as frequently as may
be necessary after the beginning of the fiscal year.
(C) Approval.--If the Secretary fails to approve or
reject a budget within 60 days of receipt, such budget
shall be deemed approved, unless the Secretary provides
[[Page 132 STAT. 3475]]
to the Board and to Congress, in writing, reasonable
justification for the delay and provides a reasonable
date by which approval or disapproval will be made.
(3) Administrative expenses.--
(A) Incurring expenses.--The Board may incur the
expenses described in paragraph (2) and other expenses
for the administration, maintenance, and functioning of
the Board as authorized by the Secretary.
(B) Payment of expenses.--Expenses incurred under
subparagraph (A) shall be paid by the Board using
assessments collected under section 1306, earnings
obtained from assessments, and other income of the
Board. Any funds borrowed by the Board shall be expended
only for startup costs and capital outlays.
(C) Limitation on spending.--For fiscal years
beginning 3 or more years after the date of the
establishment of the Board, the Board may not expend for
administration (except for reimbursement to the
Secretary required under subparagraph (D)), maintenance,
and functioning of the Board in a fiscal year an amount
that exceeds 10 percent of the assessment and other
income received by the Board for the fiscal year.
(D) Reimbursement of secretary.--The order shall
require that the Secretary be reimbursed by the Board
from assessments for all expenses incurred by the
Secretary in the implementation, administration, and
supervision of the order, including all referenda costs
incurred in connection with the order.
(e) Contracts and Agreements.--
(1) In general.--The order shall provide that, with the
approval of the Secretary, the Board may--
(A) enter into contracts and agreements to carry out
generic research, education, and promotion programs and
projects relating to concrete masonry products,
including contracts and agreements with manufacturer
associations or other entities as considered appropriate
by the Secretary;
(B) enter into contracts and agreements for
administrative services; and
(C) pay the cost of approved generic research,
education, and promotion programs and projects using
assessments collected under section 1306, earnings
obtained from assessments, and other income of the
Board.
(2) Requirements.--Each contract or agreement shall provide
that any person who enters into the contract or agreement with
the Board shall--
(A) develop and submit to the Board a proposed
program or project together with a budget that specifies
the cost to be incurred to carry out the program or
project;
(B) keep accurate records of all transactions
relating to the contract or agreement;
(C) account for funds received and expended in
connection with the contract or agreement;
(D) make periodic reports to the Board of activities
conducted under the contract or agreement; and
(E) make such other reports as the Board or the
Secretary considers relevant.
[[Page 132 STAT. 3476]]
(3) Failure to approve.--If the Secretary fails to approve
or reject a contract or agreement entered into under paragraph
(1) within 60 days of receipt, the contract or agreement shall
be deemed approved, unless the Secretary provides to the Board
and to Congress, in writing, reasonable justification for the
delay and provides a reasonable date by which approval or
disapproval will be made.
(f) Books and Records of Board.--
(1) In general.--The order shall require the Board to--
(A) maintain such books and records (which shall be
available to the Secretary for inspection and audit) as
the Secretary may require;
(B) collect and submit to the Secretary, at any time
the Secretary may specify, any information the Secretary
may request; and
(C) account for the receipt and disbursement of all
funds in the possession, or under the control, of the
Board.
(2) Audits.--The order shall require the Board to have--
(A) the books and records of the Board audited by an
independent auditor at the end of each fiscal year; and
(B) a report of the audit submitted directly to the
Secretary.
(g) Prohibited Activities.--
(1) In general.--Subject to paragraph (2), the Board shall
not engage in any program or project to, nor shall any funds
received by the Board under this division be used to--
(A) influence legislation, elections, or
governmental action;
(B) engage in an action that would be a conflict of
interest;
(C) engage in advertising that is false or
misleading;
(D) engage in any promotion, research, or education
that would be disparaging to other construction
materials; or
(E) engage in any promotion or project that would
benefit any individual manufacturer.
(2) Exceptions.--Paragraph (1) does not preclude--
(A) the development and recommendation of amendments
to the order;
(B) the communication to appropriate government
officials of information relating to the conduct,
implementation, or results of research, education, and
promotion activities under the order except
communications described in paragraph (1)(A); or
(C) any lawful action designed to market concrete
masonry products directly to a foreign government or
political subdivision of a foreign government.
(h) Periodic Evaluation.--The order shall require the Board to
provide for the independent evaluation of all research, education, and
promotion programs or projects undertaken under the order, beginning 5
years after the date of enactment of this Act and every 3 years
thereafter. The Board shall submit to the Secretary and make available
to the public the results of each such evaluation.
(i) Objectives.--The Board shall establish annual research,
education, and promotion objectives and performance metrics for each
fiscal year subject to approval by the Secretary.
[[Page 132 STAT. 3477]]
(j) Biennial Report.--Every 2 years the Board shall prepare and make
publicly available a comprehensive and detailed report that includes an
identification and description of all programs and projects undertaken
by the Board during the previous 2 years as well as those planned for
the subsequent 2 years and detail the allocation or planned allocation
of Board resources for each such program or project. Such report shall
also include--
(1) the overall financial condition of the Board;
(2) a summary of the amounts obligated or expended during
the 2 preceding fiscal years; and
(3) a description of the extent to which the objectives of
the Board were met according to the metrics required under
subsection (i).
(k) Books and Records of Persons Covered by Order.--
(1) In general.--The order shall require that manufacturers
shall--
(A) maintain records sufficient to ensure compliance
with the order and regulations; and
(B) make the records described in subparagraph (A)
available, during normal business hours, for inspection
by employees or agents of the Board or the Department.
(2) Time requirement.--Any record required to be maintained
under paragraph (1) shall be maintained for such time period as
the Secretary may prescribe.
(3) Confidentiality of information.--
(A) In general.--Except as otherwise provided in
this paragraph, trade secrets and commercial or
financial information that is privileged or confidential
reported to, or otherwise obtained by the Board or the
Secretary (or any representative of the Board or the
Secretary) under this division shall not be disclosed by
any officers, employees, and agents of the Department or
the Board.
(B) Suits and hearings.--Information referred to in
subparagraph (A) may be disclosed only if--
(i) the Secretary considers the information
relevant; and
(ii) the information is revealed in a judicial
proceeding or administrative hearing brought at
the direction or on the request of the Secretary
or to which the Secretary or any officer of the
Department is a party.
(C) General statements and publications.--This
paragraph does not prohibit--
(i) the issuance of general statements based
on reports or on information relating to a number
of persons subject to an order if the statements
do not identify the information furnished by any
person; or
(ii) the publication, by direction of the
Secretary, of the name of any person violating any
order and a statement of the particular provisions
of the order violated by the person.
(D) Penalty.--Any officer, employee, or agent of the
Department of Commerce or any officer, employee, or
agent of the Board who willfully violates this paragraph
shall be fined not more than $1,000 and imprisoned for
not more than 1 year, or both.
[[Page 132 STAT. 3478]]
(4) Withholding information.--This subsection does not
authorize the withholding of information from Congress.
SEC. 1306. <<NOTE: 15 USC 8705.>> ASSESSMENTS.
(a) Assessments.--The order shall provide that assessments shall be
paid by a manufacturer if the manufacturer has manufactured concrete
masonry products during a period of at least 180 days prior to the date
the assessment is to be remitted.
(b) Collection.--
(1) In general.--Assessments required under the order shall
be remitted by the manufacturer to the Board in the manner
prescribed by the order.
(2) Timing.--The order shall provide that assessments
required under the order shall be remitted to the Board not less
frequently than quarterly.
(3) Records.--As part of the remittance of assessments,
manufacturers shall identify the total amount due in assessments
on all sales receipts, invoices or other commercial documents of
sale as a result of the sale of concrete masonry units in a
manner as prescribed by the Board to ensure compliance with the
order.
(c) Assessment Rates.--With respect to assessment rates, the order
shall contain the following terms:
(1) Initial rate.--The assessment rate on concrete masonry
products shall be $0.01 per concrete masonry unit sold.
(2) Changes in the rate.--
(A) Authority to change rate.--The Board shall have
the authority to change the assessment rate. A two-
thirds majority of voting members of the Board shall be
required to approve a change in the assessment rate.
(B) Limitation on increases.--An increase or
decrease in the assessment rate with respect to concrete
masonry products may not exceed $0.01 per concrete
masonry unit sold.
(C) Maximum rate.--The assessment rate shall not be
in excess of $0.05 per concrete masonry unit.
(D) Limitation on frequency of changes.--The
assessment rate may not be increased or decreased more
than once annually.
(d) Late-Payment and Interest Charges.--
(1) In general.--Late-payment and interest charges may be
levied on each person subject to the order who fails to remit an
assessment in accordance with subsection (b).
(2) Rate.--The rate for late-payment and interest charges
shall be specified by the Secretary.
(e) Investment of Assessments.--Pending disbursement of assessments
under a budget approved by the Secretary, the Board may invest
assessments collected under this section in--
(1) obligations of the United States or any agency of the
United States;
(2) general obligations of any State or any political
subdivision of a State;
(3) interest-bearing accounts or certificates of deposit of
financial institutions that are members of the Federal Reserve
System; or
[[Page 132 STAT. 3479]]
(4) obligations fully guaranteed as to principal and
interest by the United States.
(f) Assessment Funds for Regional Initiatives.--
(1) In general.--The order shall provide that not less than
50 percent of the assessments (less administration expenses)
paid by a manufacturer shall be used to support research,
education, and promotion programs and projects in support of the
geographic region of the manufacturer.
(2) Geographic regions.--The order shall provide for the
following geographic regions:
(A) Region I shall comprise Connecticut, Delaware,
the District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, and West Virginia.
(B) Region II shall comprise Alabama, Florida,
Georgia, Mississippi, North Carolina, South Carolina,
Tennessee, and Virginia.
(C) Region III shall comprise Illinois, Indiana,
Iowa, Kentucky, Michigan, Minnesota, Nebraska, North
Dakota, Ohio, South Dakota, and Wisconsin.
(D) Region IV shall comprise Arizona, Arkansas,
Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and
Texas.
(E) Region V shall comprise Alaska, California,
Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah,
Washington, and Wyoming.
(3) Adjustment of geographic regions.--The order shall
provide that the Secretary may, upon recommendation of the
Board, modify the composition of the geographic regions
described in paragraph (2).
SEC. 1307. <<NOTE: 15 USC 8706.>> REFERENDA.
(a) Initial Referendum.--
(1) Referendum required.--During the 60-day period
immediately preceding the proposed effective date of the order
issued under section 1304, the Secretary shall conduct a
referendum among manufacturers eligible under subsection (b)(2)
subject to assessments under section 1306.
(2) Approval of order needed.--The order shall become
effective only if the Secretary determines that the order has
been approved by a majority of manufacturers voting who also
represent a majority of the machine cavities in operation of
those manufacturers voting in the referendum.
(b) Votes Permitted.--
(1) In general.--Each manufacturer eligible to vote in a
referendum conducted under this section shall be entitled to
cast 1 vote.
(2) Eligibility.--For purposes of paragraph (1), a
manufacturer shall be considered to be eligible to vote if the
manufacturer has manufactured concrete masonry products during a
period of at least 180 days prior to the first day of the period
during which voting in the referendum will occur.
(c) Manner of Conducting Referenda.--
(1) In general.--Referenda conducted pursuant to this
section shall be conducted in a manner determined by the
Secretary.
[[Page 132 STAT. 3480]]
(2) Advance registration.--A manufacturer who chooses to
vote in any referendum conducted under this section shall
register with the Secretary prior to the voting period, after
receiving notice from the Secretary concerning the referendum
under paragraph (4).
(3) Voting.--The Secretary shall establish procedures for
voting in any referendum conducted under this section. The
ballots and other information or reports that reveal or tend to
reveal the identity or vote of voters shall be strictly
confidential.
(4) Notice.--Not later than 30 days before a referendum is
conducted under this section with respect to an order, the
Secretary shall notify all manufacturers, in such a manner as
determined by the Secretary, of the period during which voting
in the referendum will occur. The notice shall explain any
registration and voting procedures established under this
subsection.
(d) Subsequent Referenda.--If an order is approved in a referendum
conducted under subsection (a), the Secretary shall conduct a subsequent
referendum--
(1) at the request of the Board, subject to the voting
requirements of subsections (b) and (c), to ascertain whether
eligible manufacturers favor suspension, termination, or
continuance of the order; or
(2) effective beginning on the date that is 5 years after
the date of the approval of the order, and at 5-year intervals
thereafter, at the request of 25 percent or more of the total
number of persons eligible to vote under subsection (b).
(e) Suspension or Termination.--If, as a result of a referendum
conducted under subsection (d), the Secretary determines that suspension
or termination of the order is favored by a majority of all votes cast
in the referendum as provided in subsection (a)(2), the Secretary
shall--
(1) not later than 180 days after the referendum, suspend or
terminate, as appropriate, collection of assessments under the
order; and
(2) suspend or terminate, as appropriate, programs and
projects under the order as soon as practicable and in an
orderly manner.
(f) Costs of Referenda.--The Board established under an order with
respect to which a referendum is conducted under this section shall
reimburse the Secretary from assessments for any expenses incurred by
the Secretary to conduct the referendum.
SEC. 1308. <<NOTE: 15 USC 8707.>> PETITION AND REVIEW.
(a) Petition.--
(1) In general.--A person subject to an order issued under
this division may file with the Secretary a petition--
(A) stating that the order, any provision of the
order, or any obligation imposed in connection with the
order, is not established in accordance with law; and
(B) requesting a modification of the order or an
exemption from the order.
(2) Hearing.--The Secretary shall give the petitioner an
opportunity for a hearing on the petition, in accordance with
regulations issued by the Secretary.
[[Page 132 STAT. 3481]]
(3) Ruling.--After the hearing, the Secretary shall make a
ruling on the petition. The ruling shall be final, subject to
review as set forth in subsection (b).
(4) Limitation on petition.--Any petition filed under this
subsection challenging an order, any provision of the order, or
any obligation imposed in connection with the order, shall be
filed not less than 2 years after the effective date of the
order, provision, or obligation subject to challenge in the
petition.
(b) Review.--
(1) Commencement of action.--The district courts of the
United States in any district in which a person who is a
petitioner under subsection (a) resides or conducts business
shall have jurisdiction to review the ruling of the Secretary on
the petition of the person, if a complaint requesting the review
is filed no later than 30 days after the date of the entry of
the ruling by the Secretary.
(2) Process.--Service of process in proceedings under this
subsection shall be conducted in accordance with the Federal
Rules of Civil Procedure.
(3) Remands.--If the court in a proceeding under this
subsection determines that the ruling of the Secretary on the
petition of the person is not in accordance with law, the court
shall remand the matter to the Secretary with directions--
(A) to make such ruling as the court shall determine
to be in accordance with law; or
(B) to take such further action as, in the opinion
of the court, the law requires.
(c) Enforcement.--The pendency of proceedings instituted under this
section shall not impede, hinder, or delay the Attorney General or the
Secretary from obtaining relief under section 1309.
SEC. 1309. <<NOTE: 15 USC 8708.>> ENFORCEMENT.
(a) Jurisdiction.--A district court of the United States shall have
jurisdiction to enforce, and to prevent and restrain any person from
violating, this division or an order or regulation issued by the
Secretary under this division.
(b) Referral to Attorney General.--A civil action authorized to be
brought under this section shall be referred to the Attorney General of
the United States for appropriate action.
(c) Civil Penalties and Orders.--
(1) Civil penalties.--A person who willfully violates an
order or regulation issued by the Secretary under this division
may be assessed by the Secretary a civil penalty of not more
than $5,000 for each violation.
(2) Separate offense.--Each violation and each day during
which there is a failure to comply with an order or regulation
issued by the Secretary shall be considered to be a separate
offense.
(3) Cease-and-desist orders.--In addition to, or in lieu of,
a civil penalty, the Secretary may issue an order requiring a
person to cease and desist from violating the order or
regulation.
(4) Notice and hearing.--No order assessing a penalty or
cease-and-desist order may be issued by the Secretary under this
subsection unless the Secretary provides notice and an
[[Page 132 STAT. 3482]]
opportunity for a hearing on the record with respect to the
violation.
(5) Finality.--An order assessing a penalty or a cease-and-
desist order issued under this subsection by the Secretary shall
be final and conclusive unless the person against whom the order
is issued files an appeal from the order with the appropriate
district court of the United States.
(d) Additional Remedies.--The remedies provided in this division
shall be in addition to, and not exclusive of, other remedies that may
be available.
SEC. 1310. <<NOTE: 15 USC 8709.>> INVESTIGATION AND POWER TO
SUBPOENA.
(a) Investigations.--The Secretary may conduct such investigations
as the Secretary considers necessary for the effective administration of
this division, or to determine whether any person has engaged or is
engaging in any act that constitutes a violation of this division or any
order or regulation issued under this division.
(b) Subpoenas, Oaths, and Affirmations.--
(1) Investigations.--For the purpose of conducting an
investigation under subsection (a), the Secretary may administer
oaths and affirmations, subpoena witnesses, compel the
attendance of witnesses, take evidence, and require the
production of any records that are relevant to the inquiry. The
production of the records may be required from any place in the
United States.
(2) Administrative hearings.--For the purpose of an
administrative hearing held under section 1308(a)(2) or section
1309(c)(4), the presiding officer may administer oaths and
affirmations, subpoena witnesses, compel the attendance of
witnesses, take evidence, and require the production of any
records that are relevant to the inquiry. The attendance of
witnesses and the production of the records may be required from
any place in the United States.
(c) Aid of Courts.--
(1) In general.--In the case of contumacy by, or refusal to
obey a subpoena issued under subsection (b) to, any person, the
Secretary may invoke the aid of any court of the United States
within the jurisdiction of which the investigation or proceeding
is conducted, or where the person resides or conducts business,
in order to enforce a subpoena issued under subsection (b).
(2) Order.--The court may issue an order requiring the
person referred to in paragraph (1) to comply with a subpoena
referred to in paragraph (1).
(3) Failure to obey.--Any failure to obey the order of the
court may be punished by the court as a contempt of court.
(4) Process.--Process in any proceeding under this
subsection may be served in the United States judicial district
in which the person being proceeded against resides or conducts
business, or wherever the person may be found.
SEC. 1311. <<NOTE: 15 USC 8710.>> SUSPENSION OR TERMINATION.
(a) Mandatory Suspension or Termination.--The Secretary shall
suspend or terminate an order or a provision of an order if the
Secretary finds that an order or provision of an order obstructs or does
not tend to effectuate the purpose of this division, or if the Secretary
determines that the order or a provision of an
[[Page 132 STAT. 3483]]
order is not favored by a majority of all votes cast in the referendum
as provided in section 1307(a)(2).
(b) Implementation of Suspension or Termination.--If, as a result of
a referendum conducted under section 1307, the Secretary determines that
the order is not approved, the Secretary shall--
(1) not later than 180 days after making the determination,
suspend or terminate, as the case may be, collection of
assessments under the order; and
(2) as soon as practicable, suspend or terminate, as the
case may be, activities under the order in an orderly manner.
SEC. 1312. <<NOTE: 15 USC 8711.>> AMENDMENTS TO ORDERS.
The provisions of this division applicable to the order shall be
applicable to any amendment to the order, except that section 1308 shall
not apply to an amendment.
SEC. 1313. <<NOTE: 15 USC 8712.>> EFFECT ON OTHER LAWS.
This division shall not affect or preempt any other Federal or State
law authorizing research, education, and promotion relating to concrete
masonry products.
SEC. 1314. <<NOTE: 15 USC 8713.>> REGULATIONS.
The Secretary may issue such regulations as may be necessary to
carry out this division and the power vested in the Secretary under this
division.
SEC. 1315. <<NOTE: 15 USC 8714.>> LIMITATION ON EXPENDITURES FOR
ADMINISTRATIVE EXPENSES.
Funds appropriated to carry out this division may not be used for
the payment of the expenses or expenditures of the Board in
administering the order.
SEC. 1316. <<NOTE: 15 USC 8715.>> LIMITATIONS ON OBLIGATION OF
FUNDS.
(a) In General.--In each fiscal year of the covered period, the
Board may not obligate an amount greater than the sum of--
(1) 73 percent of the amount of assessments estimated to be
collected under section 1306 in such fiscal year;
(2) 73 percent of the amount of assessments actually
collected under section 1306 in the most recent fiscal year for
which an audit report has been submitted under section
1305(f)(2)(B) as of the beginning of the fiscal year for which
the amount that may be obligated is being determined, less the
estimate made pursuant to paragraph (1) for such most recent
fiscal year; and
(3) amounts permitted in preceding fiscal years to be
obligated pursuant to this subsection that have not been
obligated.
(b) Excess Amounts Deposited in Escrow Account.--Assessments
collected under section 1306 in excess of the amount permitted to be
obligated under subsection (a) in a fiscal year shall be deposited in an
escrow account for the duration of the covered period.
(c) Treatment of Amounts in Escrow Account.--During the covered
period, the Board may not obligate, expend, or borrow against amounts
required under subsection (b) to be deposited in the escrow account. Any
interest earned on such amounts shall be deposited in the escrow account
and shall be unavailable for obligation for the duration of the covered
period.
[[Page 132 STAT. 3484]]
(d) Release of Amounts in Escrow Account.--After the covered period,
the Board may withdraw and obligate in any fiscal year an amount in the
escrow account that does not exceed \1/5\ of the amount in the escrow
account on the last day of the covered period.
(e) Special Rule for Estimates for Particular Fiscal Years.--
(1) Rule.--For purposes of subsection (a)(1), the amount of
assessments estimated to be collected under section 1306 in a
fiscal year specified in paragraph (2) shall be equal to 62
percent of the amount of assessments actually collected under
such section in the most recent fiscal year for which an audit
report has been submitted under section 1305(f)(2)(B) as of the
beginning of the fiscal year for which the amount that may be
obligated is being determined.
(2) Fiscal years specified.--The fiscal years specified in
this paragraph are the 9th and 10th fiscal years that begin on
or after the date of enactment of this Act.
(f) Covered Period Defined.--In this section, the term ``covered
period'' means the period that begins on the date of enactment of this
Act and ends on the last day of the 11th fiscal year that begins on or
after such date of enactment.
SEC. 1317. <<NOTE: 15 USC 8716.>> STUDY AND REPORT BY THE
GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall prepare a study, and not
later than 8 years after the date of enactment of this Act, the
Comptroller General shall submit to Congress and the Secretary a report,
examining--
(1) how the Board spends assessments collected;
(2) the extent to which the reported activities of the Board
help achieve the annual objectives of the Board;
(3) any changes in demand for concrete masonry products
relative to other building materials;
(4) any impact of the activities of the Board on the market
share of competing products;
(5) any impact of the activities of the Board on the overall
size of the market for building products;
(6) any impact of the activities of the Board on the total
number of concrete-masonry-related jobs, including
manufacturing, sales, and installation;
(7) any significant effects of the activities of the Board
on downstream purchasers of concrete masonry products and real
property into which concrete masonry products are incorporated;
(8) effects on prices of concrete masonry products as a
result of the activities of the Board;
(9) the cost to the Federal Government of an increase in
concrete masonry product prices, if any, as a result of the
program established by this division;
(10) the extent to which key statutory requirements are met;
(11) the extent and strength of Federal oversight of the
program established by this division;
[[Page 132 STAT. 3485]]
(12) the appropriateness of administering the program from
within the Office of the Secretary of Commerce and the
appropriateness of administering the program from within any
division of the Department, including whether the Department has
the expertise, knowledge, or other capabilities necessary to
adequately administer the program; and
(13) any other topic that the Comptroller General considers
appropriate.
SEC. 1318. <<NOTE: 15 USC 8717.>> STUDY AND REPORT BY THE
DEPARTMENT OF COMMERCE.
Not later than 3 years after the date of enactment of this Act, the
Secretary shall prepare a study and submit to Congress a report
examining the appropriateness and effectiveness of applying the
commodity check-off program model (such as those programs established
under the Commodity Promotion, Research, and Information Act of 1996 (7
U.S.C. 7411 et seq.)) to a nonagricultural industry, taking into account
the program established by this division and any other check-off program
involving a nonagricultural industry.
DIVISION F--BUILD <<NOTE: Better Utilization of Investments Leading to
Development Act of 2018. 22 USC 9601 note.>> ACT OF 2018
SEC. 1401. SHORT TITLE.
This division may be cited as the ``Better Utilization of
Investments Leading to Development Act of 2018'' or the ``BUILD Act of
2018''.
SEC. 1402. <<NOTE: 22 USC 9601.>> DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Less developed country.--The term ``less developed
country'' means a country with a low-income economy, lower-
middle-income economy, or upper-middle-income economy, as
defined by the International Bank for Reconstruction and
Development and the International Development Association
(collectively referred to as the ``World Bank'').
(3) Predecessor authority.--The term ``predecessor
authority'' means authorities repealed by title VI.
(4) Qualifying sovereign entity.--The term ``qualifying
sovereign entity'' means--
(A) any agency or instrumentality of a foreign state
(as defined in section 1603 of title 28, United States
Code) that has a purpose that is similar to the purpose
of the Corporation as described in section 1412(b); or
(B) any international financial institution (as
defined in section 1701(c) of the International
Financial Institutions Act (22 U.S.C. 262r(c))).
[[Page 132 STAT. 3486]]
TITLE I--ESTABLISHMENT
SEC. 1411. <<NOTE: 22 USC 9611.>> STATEMENT OF POLICY.
It is the policy of the United States to facilitate market-based
private sector development and inclusive economic growth in less
developed countries through the provision of credit, capital, and other
financial support--
(1) to mobilize private capital in support of sustainable,
broad-based economic growth, poverty reduction, and development
through demand-driven partnerships with the private sector that
further the foreign policy interests of the United States;
(2) to finance development that builds and strengthens civic
institutions, promotes competition, and provides for public
accountability and transparency;
(3) to help private sector actors overcome identifiable
market gaps and inefficiencies without distorting markets;
(4) to achieve clearly defined economic and social
development outcomes;
(5) to coordinate with institutions with purposes similar to
the purposes of the Corporation to leverage resources of those
institutions to produce the greatest impact;
(6) to provide countries a robust alternative to state-
directed investments by authoritarian governments and United
States strategic competitors using best practices with respect
to transparency and environmental and social safeguards, and
which take into account the debt sustainability of partner
countries;
(7) to leverage private sector capabilities and innovative
development tools to help countries transition from recipients
of bilateral development assistance toward increased self-
reliance; and
(8) to complement and be guided by overall United States
foreign policy, development, and national security objectives,
taking into account the priorities and needs of countries
receiving support.
SEC. 1412. <<NOTE: 22 USC 9612.>> UNITED STATES INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION.
(a) Establishment.--There is established in the executive branch the
United States International Development Finance Corporation (in this
division referred to as the ``Corporation''), which shall be a wholly
owned Government corporation for purposes of chapter 91 of title 31,
United States Code, under the foreign policy guidance of the Secretary
of State.
(b) Purpose.--The purpose of the Corporation shall be to mobilize
and facilitate the participation of private sector capital and skills in
the economic development of less developed countries, as described in
subsection (c), and countries in transition from nonmarket to market
economies, in order to complement the development assistance objectives,
and advance the foreign policy interests, of the United States. In
carrying out its purpose, the Corporation, utilizing broad criteria,
shall take into account in its financing operations the economic and
financial soundness and development objectives of projects for which it
provides support under title II.
[[Page 132 STAT. 3487]]
(c) Less Developed Country Focus.--
(1) In general.--The Corporation shall prioritize the
provision of support under title II in less developed countries
with a low-income economy or a lower-middle-income economy.
(2) Support in upper-middle-income countries.--The
Corporation shall restrict the provision of support under title
II in a less developed country with an upper-middle-income
economy unless--
(A) the President certifies to the appropriate
congressional committees that such support furthers the
national economic or foreign policy interests of the
United States; and
(B) such support is designed to produce significant
developmental outcomes or provide developmental benefits
to the poorest population of that country.
SEC. 1413. <<NOTE: 22 USC 9613.>> MANAGEMENT OF CORPORATION.
(a) Structure of Corporation.--There shall be in the Corporation a
Board of Directors (in this division referred to as the ``Board''), a
Chief Executive Officer, a Deputy Chief Executive Officer, a Chief Risk
Officer, a Chief Development Officer, and such other officers as the
Board may determine.
(b) Board of Directors.--
(1) Duties.--All powers of the Corporation shall vest in and
be exercised by or under the authority of the Board. The Board--
(A) shall perform the functions specified to be
carried out by the Board in this division;
(B) may prescribe, amend, and repeal bylaws, rules,
regulations, policies, and procedures governing the
manner in which the business of the Corporation may be
conducted and in which the powers granted to the
Corporation by law may be exercised; and
(C) shall develop, in consultation with
stakeholders, other interested parties, and the
appropriate congressional committees, a publicly
available policy with respect to consultations,
hearings, and other forms of engagement in order to
provide for meaningful public participation in the
Board's activities.
(2) Membership of board.--
(A) In general.--The Board shall consist of--
(i) the Chief Executive Officer of the
Corporation;
(ii) the officers specified in subparagraph
(B); and
(iii) four other individuals who shall be
appointed by the President, by and with the advice
and consent of the Senate, of which--
(I) one individual should be
appointed from among a list of at least
5 individuals submitted by the majority
leader of the Senate after consultation
with the chairman of the Committee on
Foreign Relations of the Senate;
(II) one individual should be
appointed from among a list of at least
5 individuals submitted by the minority
leader of the Senate after consultation
with the ranking member of the Committee
on Foreign Relations of the Senate;
[[Page 132 STAT. 3488]]
(III) one individual should be
appointed from among a list of at least
5 individuals submitted by the Speaker
of the House of Representatives after
consultation with the chairman of the
Committee on Foreign Affairs of the
House of Representatives; and
(IV) one individual should be
appointed from among a list of at least
5 individuals submitted by the minority
leader of the House of Representatives
after consultation with the ranking
member of the Committee on Foreign
Affairs of the House of Representatives.
(B) Officers specified.--
(i) In general.--The officers specified in
this subparagraph are the following:
(I) The Secretary of State or a
designee of the Secretary.
(II) The Administrator of the United
States Agency for International
Development or a designee of the
Administrator.
(III) The Secretary of the Treasury
or a designee of the Secretary.
(IV) The Secretary of Commerce or a
designee of the Secretary.
(ii) Requirements for designees.--A designee
under clause (i) shall be selected from among
officers--
(I) appointed by the President, by
and with the advice and consent of the
Senate;
(II) whose duties relate to the
programs of the Corporation; and
(III) who is designated by and
serving at the pleasure of the
President.
(C) Requirements for nongovernment members.--A
member of the Board described in subparagraph (A)(iii)--
(i) may not be an officer or employee of the
United States Government;
(ii) shall have relevant experience, which may
include experience relating to the private sector,
the environment, labor organizations, or
international development, to carry out the
purpose of the Corporation;
(iii) shall be appointed for a term of 3 years
and may be reappointed for one additional term;
(iv) shall serve until the member's successor
is appointed and confirmed;
(v) shall be compensated at a rate equivalent
to that of level IV of the Executive Schedule
under section 5315 of title 5, United States Code,
when engaged in the business of the Corporation;
and
(vi) may be paid per diem in lieu of
subsistence at the applicable rate under the
Federal Travel Regulation under subtitle F of
title 41, Code of Federal Regulations, from time
to time, while away from the home or usual place
of business of the member.
(3) Chairperson.--The Secretary of State, or the designee of
the Secretary under paragraph (2)(B)(i)(I), shall serve as the
Chairperson of the Board.
[[Page 132 STAT. 3489]]
(4) Vice chairperson.--The Administrator of the United
States Agency for International Development, or the designee of
the Administrator under paragraph (2)(B)(i)(II), shall serve as
the Vice Chairperson of the Board.
(5) Quorum.--Five members of the Board shall constitute a
quorum for the transaction of business by the Board.
(c) Public Hearings.--The Board shall hold at least 2 public
hearings each year in order to afford an opportunity for any person to
present views with respect to whether--
(1) the Corporation is carrying out its activities in
accordance with this division; and
(2) any support provided by the Corporation under title II
in any country should be suspended, expanded, or extended.
(d) Chief Executive Officer.--
(1) Appointment.--There shall be in the Corporation a Chief
Executive Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate, and who shall
serve at the pleasure of the President.
(2) Authorities and duties.--The Chief Executive Officer
shall be responsible for the management of the Corporation and
shall exercise the powers and discharge the duties of the
Corporation subject to the bylaws, rules, regulations, and
procedures established by the Board.
(3) Relationship to board.--The Chief Executive Officer
shall report to and be under the direct authority of the Board.
(4) Compensation.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, United States International
Development Finance Corporation.''.
(e) Deputy Chief Executive Officer.--There shall be in the
Corporation a Deputy Chief Executive Officer, who shall be appointed by
the President, by and with the advice and consent of the Senate, and who
shall serve at the pleasure of the President.
(f) Chief Risk Officer.--
(1) Appointment.--Subject to the approval of the Board, the
Chief Executive Officer of the Corporation shall appoint a Chief
Risk Officer, from among individuals with experience at a senior
level in financial risk management, who--
(A) shall report directly to the Board; and
(B) shall be removable only by a majority vote of
the Board.
(2) Duties.--The Chief Risk Officer shall, in coordination
with the audit committee of the Board established under section
1441, develop, implement, and manage a comprehensive process for
identifying, assessing, monitoring, and limiting risks to the
Corporation, including the overall portfolio diversification of
the Corporation.
(g) Chief Development Officer.--
(1) Appointment.--Subject to the approval of the Board, the
Chief Executive Officer, with the concurrence of the
Administrator of the United States Agency for International
Development, shall appoint a Chief Development Officer, from
among individuals with experience in development, who--
(A) shall report directly to the Board; and
(B) shall be removable only by a majority vote of
the Board.
(2) Duties.--The Chief Development Officer shall--
[[Page 132 STAT. 3490]]
(A) coordinate the Corporation's development
policies and implementation efforts with the United
States Agency for International Development, the
Millennium Challenge Corporation, and other relevant
United States Government departments and agencies,
including directly liaising with missions of the United
States Agency for International Development, to ensure
that departments, agencies, and missions have training,
awareness, and access to the Corporation's tools in
relation to development policy and projects in
countries;
(B) under the guidance of the Chief Executive
Officer, manage employees of the Corporation that are
dedicated to structuring, monitoring, and evaluating
transactions and projects co-designed with the United
States Agency for International Development and other
relevant United States Government departments and
agencies;
(C) authorize and coordinate transfers of funds or
other resources to and from such agencies, departments,
or missions upon the concurrence of those institutions
in support of the Corporation's projects or activities;
(D) manage the responsibilities of the Corporation
under paragraphs (1) and (4) of section 1442(b) and
paragraphs (1)(A) and (3)(A) of section 1443(b);
(E) coordinate and implement the activities of the
Corporation under section 1445; and
(F) be an ex officio member of the Development
Advisory Council established under subsection (i) and
participate in or send a representative to each meeting
of the Council.
(h) Officers and Employees.--
(1) In general.--Except as otherwise provided in this
section, officers, employees, and agents shall be selected and
appointed by the Corporation, and shall be vested with such
powers and duties as the Corporation may determine.
(2) Administratively determined employees.--
(A) Appointment; compensation; removal.--Of officers
and employees employed by the Corporation under
paragraph (1), not more than 50 may be appointed,
compensated, or removed without regard to title 5,
United States Code.
(B) Reinstatement.--Under such regulations as the
President may prescribe, officers and employees
appointed to a position under subparagraph (A) may be
entitled, upon removal from such position (unless the
removal was for cause), to reinstatement to the position
occupied at the time of appointment or to a position of
comparable grade and salary.
(C) Additional positions.--Positions authorized by
subparagraph (A) shall be in addition to those otherwise
authorized by law, including positions authorized under
section 5108 of title 5, United States Code.
(D) Rates of pay for officers and employees.--The
Corporation may set and adjust rates of basic pay for
officers and employees appointed under subparagraph (A)
without regard to the provisions of chapter 51 or
subchapter III of chapter 53 of title 5, United States
Code,
[[Page 132 STAT. 3491]]
relating to classification of positions and General
Schedule pay rates, respectively.
(3) Liability of employees.--
(A) In general.--An individual who is a member of
the Board or an officer or employee of the Corporation
has no liability under this division with respect to any
claim arising out of or resulting from any act or
omission by the individual within the scope of the
employment of the individual in connection with any
transaction by the Corporation.
(B) Rule of construction.--Subparagraph (A) shall
not be construed to limit personal liability of an
individual for criminal acts or omissions, willful or
malicious misconduct, acts or omissions for private
gain, or any other acts or omissions outside the scope
of the individual's employment.
(C) Conflicts of interest.--The Corporation shall
establish and publish procedures for avoiding conflicts
of interest on the part of officers and employees of the
Corporation and members of the Development Advisory
Council established under subsection (i).
(D) Savings provision.--This paragraph shall not be
construed--
(i) to affect--
(I) any other immunities and
protections that may be available to an
individual described in subparagraph (A)
under applicable law with respect to a
transaction described in that
subparagraph; or
(II) any other right or remedy
against the Corporation, against the
United States under applicable law, or
against any person other than an
individual described in subparagraph (A)
participating in such a transaction; or
(ii) to limit or alter in any way the
immunities that are available under applicable law
for Federal officers and employees not described
in this paragraph.
(i) Development Advisory Council.--
(1) In general.--There is established a Development Advisory
Council (in this subsection referred to as the ``Council'') to
advise the Board on development objectives of the Corporation.
(2) Membership.--Members of the Council shall be appointed
by the Board, on the recommendation of the Chief Executive
Officer and the Chief Development Officer, and shall be composed
of not more than 9 members broadly representative of
nongovernmental organizations, think tanks, advocacy
organizations, foundations, and other institutions engaged in
international development.
(3) Functions.--The Board shall call upon members of the
Council, either collectively or individually, to advise the
Board regarding the extent to which the Corporation is meeting
its development mandate and any suggestions for improvements in
with respect to meeting that mandate, including opportunities in
countries and project development and implementation challenges
and opportunities.
[[Page 132 STAT. 3492]]
(4) Federal advisory committee act.--The Council shall not
be subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
SEC. 1414. INSPECTOR GENERAL OF THE CORPORATION.
(a) In General.--Section 8G(a)(2) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting ``the United States
International Development Finance Corporation,'' after ``the Smithsonian
Institution,''.
(b) Oversight Independence.--Section 8G(a)(4) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (H), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (I), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(J) with respect to the United States
International Development Finance Corporation, such term
means the Board of Directors of the United States
International Development Finance Corporation;''.
SEC. 1415. <<NOTE: 22 USC 9614.>> INDEPENDENT ACCOUNTABILITY
MECHANISM.
(a) In General.--The Board shall establish a transparent and
independent accountability mechanism.
(b) Functions.--The independent accountability mechanism established
pursuant to subsection (a) shall--
(1) annually evaluate and report to the Board and Congress
regarding compliance with environmental, social, labor, human
rights, and transparency standards, consistent with Corporation
statutory mandates;
(2) provide a forum for resolving concerns regarding the
impacts of specific Corporation-supported projects with respect
to such standards; and
(3) provide advice regarding Corporation projects, policies,
and practices.
TITLE II--AUTHORITIES
SEC. 1421. <<NOTE: 22 USC 9621.>> AUTHORITIES RELATING TO
PROVISION OF SUPPORT.
(a) In General.--The authorities in this title shall only be
exercised to--
(1) carry out of the policy of the United States in section
1411 and the purpose of the Corporation in section 1412;
(2) mitigate risks to United States taxpayers by sharing
risks with the private sector and qualifying sovereign entities
through co-financing and structuring of tools; and
(3) ensure that support provided under this title is
additional to private sector resources by mobilizing private
capital that would otherwise not be deployed without such
support.
(b) Lending and Guaranties.--
(1) In general.--The Corporation may make loans or
guaranties upon such terms and conditions as the Corporation may
determine.
(2) Denomination.--Loans and guaranties issued under
paragraph (1) may be denominated and repayable in United States
dollars or foreign currencies. Foreign currency denominated
loans and guaranties should only be provided if the
[[Page 132 STAT. 3493]]
Board determines there is a substantive policy rationale for
such loans and guaranties.
(3) Applicability of federal credit reform act of 1990.--
Loans and guaranties issued under paragraph (1) shall be subject
to the requirements of the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
(c) Equity Investments.--
(1) In general.--The Corporation may, as a minority
investor, support projects with funds or use other mechanisms
for the purpose of purchasing, and may make and fund commitments
to purchase, invest in, make pledges in respect of, or otherwise
acquire, equity or quasi-equity securities or shares or
financial interests of any entity, including as a limited
partner or other investor in investment funds, upon such terms
and conditions as the Corporation may determine.
(2) Denomination.--Support provided under paragraph (1) may
be denominated and repayable in United States dollars or foreign
currency. Foreign currency denominated support provided by
paragraph (1) should only be provided if the Board determines
there is a substantive policy rationale for such support.
(3) Guidelines and criteria.--The Corporation shall develop
guidelines and criteria to require that the use of the authority
provided by paragraph (1) with respect to a project has a
clearly defined development and foreign policy purpose, taking
into account the following objectives:
(A) The support for the project would be more likely
than not to substantially reduce or overcome the effect
of an identified market failure in the country in which
the project is carried out.
(B) The project would not have proceeded or would
have been substantially delayed without the support.
(C) The support would meaningfully contribute to
transforming local conditions to promote the development
of markets.
(D) The support can be shown to be aligned with
commercial partner incentives.
(E) The support can be shown to have significant
developmental impact and will contribute to long-term
commercial sustainability.
(F) The support furthers the policy of the United
States described in section 1411.
(4) Limitations on equity investments.--
(A) Per project limit.--The aggregate amount of
support provided under this subsection with respect to
any project shall not exceed 30 percent of the aggregate
amount of all equity investment made to the project at
the time that the Corporation approves support of the
project.
(B) Total limit.--Support provided pursuant to this
subsection shall be limited to not more than 35 percent
of the Corporation's aggregate exposure on the date that
such support is provided.
(5) Sales and liquidation of position.--The Corporation
shall seek to sell and liquidate any support for a project
provided under this subsection as soon as commercially feasible,
commensurate with other similar investors in the project and
[[Page 132 STAT. 3494]]
taking into consideration the national security interests of the
United States.
(6) Timetable.--The Corporation shall create a project-
specific timetable for support provided under paragraph (1).
(d) Insurance and Reinsurance.--The Corporation may issue insurance
or reinsurance, upon such terms and conditions as the Corporation may
determine, to private sector entities and qualifying sovereign entities
assuring protection of their investments in whole or in part against any
or all political risks such as currency inconvertibility and transfer
restrictions, expropriation, war, terrorism, civil disturbance, breach
of contract, or nonhonoring of financial obligations.
(e) Promotion of and Support for Private Investment Opportunities.--
(1) In general.--In order to carry out the purpose of the
Corporation described in section 1412(b), the Corporation may
initiate and support, through financial participation, incentive
grant, or otherwise, and on such terms and conditions as the
Corporation may determine, feasibility studies for the planning,
development, and management of, and procurement for, potential
bilateral and multilateral development projects eligible for
support under this title, including training activities
undertaken in connection with such projects, for the purpose of
promoting investment in such projects and the identification,
assessment, surveying, and promotion of private investment
opportunities, utilizing wherever feasible and effective, the
facilities of private investors.
(2) Contributions to costs.--The Corporation shall, to the
maximum extent practicable, require any person receiving funds
under the authorities of this subsection to--
(A) share the costs of feasibility studies and other
project planning services funded under this subsection;
and
(B) reimburse the Corporation those funds provided
under this section, if the person succeeds in project
implementation.
(f) Special Projects and Programs.--The Corporation may administer
and manage special projects and programs in support of specific
transactions undertaken by the Corporation, including programs of
financial and advisory support that provide private technical,
professional, or managerial assistance in the development of human
resources, skills, technology, capital savings, or intermediate
financial and investment institutions or cooperatives, and including the
initiation of incentives, grants, or studies for energy, women's
economic empowerment, microenterprise households, or other small
business activities.
(g) Enterprise Funds.--
(1) In general.--The Corporation may, following consultation
with the Secretary of State, the Administrator of the United
States Agency for International Development, and the heads of
other relevant departments or agencies, establish and operate
enterprise funds in accordance with this subsection.
(2) Private character of funds.--Nothing in this section
shall be construed to make an enterprise fund an agency or
establishment of the United States Government, or to make the
officers, employees, or members of the Board of Directors of an
enterprise fund officers or employees of the United States for
purposes of title 5, United States Code.
[[Page 132 STAT. 3495]]
(3) Purposes for which support may be provided.--The
Corporation, subject to the approval of the Board, may designate
private, nonprofit organizations as eligible to receive support
under this title for the following purposes:
(A) To promote development of economic freedom and
private sectors, including small- and medium-sized
enterprises and joint ventures with the United States
and host country participants.
(B) To facilitate access to credit to small- and
medium-sized enterprises with sound business plans in
countries where there is limited means of accessing
credit on market terms.
(C) To promote policies and practices conducive to
economic freedom and private sector development.
(D) To attract foreign direct investment capital to
further promote private sector development and economic
freedom.
(E) To complement the work of the United States
Agency for International Development and other donors to
improve the overall business-enabling environment,
financing the creation and expansion of the private
business sector.
(F) To make financially sustainable investments
designed to generate measurable social benefits and
build technical capacity in addition to financial
returns.
(4) Operation of funds.--
(A) Expenditures.--Funds made available to an
enterprise fund shall be expended at the minimum rate
necessary to make timely payments for projects and
activities carried out under this subsection.
(B) Administrative expenses.--Not more than 3
percent per annum of the funds made available to an
enterprise fund may be obligated or expended for the
administrative expenses of the enterprise fund.
(5) Board of directors.--Each enterprise fund established
under this subsection should be governed by a Board of Directors
comprised of private citizens of the United States or the host
country, who--
(A) shall be appointed by the President after
consultation with the chairmen and ranking members of
the appropriate congressional committees; and
(B) have pursued careers in international business
and have demonstrated expertise in international and
emerging market investment activities.
(6) Majority member requirement.--The majority of the
members of the Board of Directors shall be United States
citizens who shall have relevant experience relating to the
purposes described in paragraph (3).
(7) Reports.--Not later than one year after the date of the
establishment of an enterprise fund under this subsection, and
annually thereafter until the enterprise fund terminates in
accordance with paragraph (10), the Board of Directors of the
enterprise fund shall--
(A) submit to the appropriate congressional
committees a report--
[[Page 132 STAT. 3496]]
(i) detailing the administrative expenses of
the enterprise fund during the year preceding the
submission of the report;
(ii) describing the operations, activities,
engagement with civil society and relevant local
private sector entities, development objectives
and outcomes, financial condition, and
accomplishments of the enterprise fund during that
year;
(iii) describing the results of any audit
conducted under paragraph (8); and
(iv) describing how audits conducted under
paragraph (8) are informing the operations and
activities of the enterprise fund; and
(B) publish, on a publicly available internet
website of the enterprise fund, each report required by
subparagraph (A).
(8) Oversight.--
(A) Inspector general performance audits.--
(i) In general.--The Inspector General of the
Corporation shall conduct periodic audits of the
activities of each enterprise fund established
under this subsection.
(ii) Consideration.--In conducting an audit
under clause (i), the Inspector General shall
assess whether the activities of the enterprise
fund--
(I) support the purposes described
in paragraph (3);
(II) result in profitable private
sector investing; and
(III) generate measurable social
benefits.
(B) Recordkeeping requirements.--The Corporation
shall ensure that each enterprise fund receiving support
under this subsection--
(i) keeps separate accounts with respect to
such support; and
(ii) maintains such records as may be
reasonably necessary to facilitate effective
audits under this paragraph.
(9) Return of funds to treasury.--Any funds resulting from
any liquidation, dissolution, or winding up of an enterprise
fund, in whole or in part, shall be returned to the Treasury of
the United States.
(10) Termination.--The authority of an enterprise fund to
provide support under this subsection shall terminate on the
earlier of--
(A) the date that is 10 years after the date of the
first expenditure of amounts from the enterprise fund;
or
(B) the date on which the enterprise fund is
liquidated.
(h) Supervision of Support.--Support provided under this title shall
be subject to section 622(c) of the Foreign Assistance Act of 1961 (22
U.S.C. 2382(c)).
(i) Small Business Development.--
(1) In general.--The Corporation shall undertake, in
cooperation with appropriate departments, agencies, and
instrumentalities of the United States as well as private
entities and others, to broaden the participation of United
States small businesses and cooperatives and other small United
States
[[Page 132 STAT. 3497]]
investors in the development of small private enterprise in less
developed friendly countries or areas.
(2) Outreach to minority-owned and women-owned businesses.--
(A) In general.--The Corporation shall collect data
on the involvement of minority- and women-owned
businesses in projects supported by the Corporation,
including--
(i) the amount of insurance and financing
provided by the Corporation to such businesses in
connection with projects supported by the
Corporation; and
(ii) to the extent such information is
available, the involvement of such businesses in
procurement activities conducted or supported by
the Corporation.
(B) Inclusion in annual report.--The Corporation
shall include, in its annual report submitted to
Congress under section 1443, the aggregate data
collected under this paragraph, in such form as to
quantify the effectiveness of the Corporation's outreach
activities to minority- and women-owned businesses.
SEC. 1422. <<NOTE: 22 USC 9622.>> TERMS AND CONDITIONS.
(a) In General.--Except as provided in subsection (b), support
provided by the Corporation under this title shall be on such terms and
conditions as the Corporation may prescribe.
(b) Requirements.--The following requirements apply to support
provided by the Corporation under this title:
(1) The Corporation shall provide support using authorities
under this title only if it is necessary--
(A) to alleviate a credit market imperfection; or
(B) to achieve specified development or foreign
policy objectives of the United States Government by
providing support in the most efficient way to meet
those objectives on a case-by-case basis.
(2) The final maturity of a loan made or guaranteed by the
Corporation shall not exceed the lesser of--
(A) 25 years; or
(B) debt servicing capabilities of the project to be
financed by the loan (as determined by the Corporation).
(3) The Corporation shall, with respect to providing any
loan guaranty to a project, require the parties to the project
to bear the risk of loss in an amount equal to at least 20
percent of the guaranteed support by the Corporation in the
project.
(4) The Corporation may not make or guarantee a loan unless
the Corporation determines that the borrower or lender is
responsible and that adequate provision is made for servicing
the loan on reasonable terms and protecting the financial
interest of the United States.
(5) The interest rate for direct loans and interest
supplements on guaranteed loans shall be set by reference to a
benchmark interest rate (yield) on marketable Treasury
securities or other widely recognized or appropriate benchmarks
with a similar maturity to the loans being made or guaranteed,
as determined in consultation with the Director of the Office of
Management and Budget and the Secretary of the Treasury.
[[Page 132 STAT. 3498]]
The Corporation shall establish appropriate minimum interest
rates for loans, guaranties, and other instruments as necessary.
(6) The minimum interest rate for new loans as established
by the Corporation shall be adjusted periodically to take
account of changes in the interest rate of the benchmark
financial instrument.
(7)(A) The Corporation shall set fees or premiums for
support provided under this title at levels that minimize the
cost to the Government while supporting achievement of the
objectives of support.
(B) The Corporation shall review fees for loan guaranties
periodically to ensure that the fees assessed on new loan
guaranties are at a level sufficient to cover the Corporation's
most recent estimates of its costs.
(8) Any loan guaranty provided by the Corporation shall be
conclusive evidence that--
(A) the guaranty has been properly obtained;
(B) the loan qualified for the guaranty; and
(C) but for fraud or material misrepresentation by
the holder of the guaranty, the guaranty is presumed to
be valid, legal, and enforceable.
(9) The Corporation shall prescribe explicit standards for
use in periodically assessing the credit risk of new and
existing direct loans or guaranteed loans.
(10) The Corporation may not make loans or loan guaranties
except to the extent that budget authority to cover the costs of
the loans or guaranties is provided in advance in an
appropriations Act, as required by section 504 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661c).
(11) The Corporation shall rely upon specific standards to
assess the developmental and strategic value of projects for
which it provides support and should only provide the minimum
level of support necessary in order to support such projects.
(12) Any loan or loan guaranty made by the Corporation
should be provided on a senior basis or pari passu with other
senior debt unless there is a substantive policy rationale to
provide such support otherwise.
SEC. 1423. <<NOTE: 22 USC 9623.>> PAYMENT OF LOSSES.
(a) Payments for Defaults on Guaranteed Loans.--
(1) In general.--If the Corporation determines that the
holder of a loan guaranteed by the Corporation suffers a loss as
a result of a default by a borrower on the loan, the Corporation
shall pay to the holder the percent of the loss, as specified in
the guaranty contract, after the holder of the loan has made
such further collection efforts and instituted such enforcement
proceedings as the Corporation may require.
(2) Subrogation.--Upon making a payment described in
paragraph (1), the Corporation shall ensure the Corporation will
be subrogated to all the rights of the recipient of the payment.
(3) Recovery efforts.--The Corporation shall pursue recovery
from the borrower of the amount of any payment made under
paragraph (1) with respect to the loan.
(b) Limitation on Payments.--
[[Page 132 STAT. 3499]]
(1) In general.--Except as provided by paragraph (2),
compensation for insurance, reinsurance, or a guaranty issued
under this title shall not exceed the dollar value of the
tangible or intangible contributions or commitments made in the
project, plus interest, earnings, or profits actually accrued on
such contributions or commitments, to the extent provided by
such insurance, reinsurance, or guaranty.
(2) Exception.--
(A) In general.--The Corporation may provide that--
(i) appropriate adjustments in the insured
dollar value be made to reflect the replacement
cost of project assets; and
(ii) compensation for a claim of loss under
insurance of an equity investment under section
1421 may be computed on the basis of the net book
value attributable to the equity investment on the
date of loss.
(3) Additional limitation.--
(A) In general.--Notwithstanding paragraph
(2)(A)(ii) and except as provided in subparagraph (B),
the Corporation shall limit the amount of direct
insurance and reinsurance issued under section 1421 with
respect to a project so as to require that the insured
and its affiliates bear the risk of loss for at least 10
percent of the amount of the Corporation's exposure to
that insured and its affiliates in the project.
(B) Exception.--The limitation under subparagraph
(A) shall not apply to direct insurance or reinsurance
of loans provided by banks or other financial
institutions to unrelated parties.
(c) Actions by Attorney General.--The Attorney General shall take
such action as may be appropriate to enforce any right accruing to the
United States as a result of the issuance of any loan or guaranty under
this title.
(d) Rule of Construction.--Nothing in this section shall be
construed to preclude any forbearance for the benefit of a borrower that
may be agreed upon by the parties to a loan guaranteed by the
Corporation if budget authority for any resulting costs to the United
States Government (as defined in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a)) is available.
SEC. 1424. <<NOTE: 22 USC 9624.>> TERMINATION.
(a) In General.--The authorities provided under this title terminate
on the date that is 7 years after the date of the enactment of this Act.
(b) Termination of Corporation.--The Corporation shall terminate on
the date on which the portfolio of the Corporation is liquidated.
TITLE III--ADMINISTRATIVE AND GENERAL PROVISIONS
SEC. 1431. <<NOTE: 22 USC 9631.>> OPERATIONS.
(a) Bilateral Agreements.--The Corporation may provide support under
title II in connection with projects in any country the government of
which has entered into an agreement with the
[[Page 132 STAT. 3500]]
United States authorizing the Corporation to provide such support in
that country.
(b) Claims Settlement.--
(1) In general.--Claims arising as a result of support
provided under title II or under predecessor authority may be
settled, and disputes arising as a result thereof may be
arbitrated with the consent of the parties, on such terms and
conditions as the Corporation may determine.
(2) Settlements conclusive.--Payment made pursuant to any
settlement pursuant to paragraph (1), or as a result of an
arbitration award, shall be final and conclusive notwithstanding
any other provision of law.
(c) Presumption of Compliance.--Each contract executed by such
officer or officers as may be designated by the Board shall be
conclusively presumed to be issued in compliance with the requirements
of this division.
(d) Electronic Payments and Documents.--The Corporation shall
implement policies to accept electronic documents and electronic
payments in all of its programs.
SEC. 1432. <<NOTE: 22 USC 9632.>> CORPORATE POWERS.
(a) In General.--The Corporation--
(1) may adopt, alter, and use a seal, to include an
identifiable symbol of the United States;
(2) may make and perform such contracts, including no-cost
contracts (as defined by the Corporation), grants, and other
agreements notwithstanding division C of subtitle I of title 41,
United States Code, with any person or government however
designated and wherever situated, as may be necessary for
carrying out the functions of the Corporation;
(3) may lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Corporation, except that,
if the real property is for the Corporation's own occupancy, the
lease, purchase, acquisition, improvement, or use of the real
property shall be entered into or conducted in consultation with
the Administrator of General Services;
(4) may accept cash gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible, for
the purpose of carrying out the functions of the Corporation;
(5) may use the United States mails in the same manner and
on the same conditions as the Executive departments (as defined
in section 101 of title 5, United States Code);
(6) may contract with individuals for personal services, who
shall not be considered Federal employees for any provision of
law administered by the Director of the Office of Personnel
Management;
(7) may hire or obtain passenger motor vehicles;
(8) may sue and be sued in its corporate name;
(9) may acquire, hold, or dispose of, upon such terms and
conditions as the Corporation may determine, any property, real,
personal, or mixed, tangible or intangible, or any interest in
such property, except that, in the case of real property that is
for the Corporation's own occupancy, the acquisition, holding,
or disposition of the real property shall be conducted in
consultation with the Administrator of General Services;
[[Page 132 STAT. 3501]]
(10) may lease office space for the Corporation's own use,
with the obligation of amounts for such lease limited to the
current fiscal year for which payments are due until the
expiration of the current lease under predecessor authority, as
of the day before the date of the enactment of this Act;
(11) may indemnify directors, officers, employees, and
agents of the Corporation for liabilities and expenses incurred
in connection with their activities on behalf of the
Corporation;
(12) notwithstanding any other provision of law, may
represent itself or contract for representation in any legal or
arbitral proceeding;
(13) may exercise any priority of the Government of the
United States in collecting debts from bankrupt, insolvent, or
decedents' estates;
(14) may collect, notwithstanding section 3711(g)(1) of
title 31, United States Code, or compromise any obligations
assigned to or held by the Corporation, including any legal or
equitable rights accruing to the Corporation;
(15) may make arrangements with foreign governments
(including agencies, instrumentalities, or political
subdivisions of such governments) or with multilateral
organizations or institutions for sharing liabilities;
(16) may sell direct investments of the Corporation to
private investors upon such terms and conditions as the
Corporation may determine; and
(17) shall have such other powers as may be necessary and
incident to carrying out the functions of the Corporation.
(b) Treatment of Property.--Notwithstanding any other provision of
law relating to the acquisition, handling, or disposal of property by
the United States, the Corporation shall have the right in its
discretion to complete, recondition, reconstruct, renovate, repair,
maintain, operate, or sell any property acquired by the Corporation
pursuant to the provisions of this division, except that, in the case of
real property that is for the Corporation's own occupancy, the
completion, reconditioning, reconstruction, renovation, repair,
maintenance, operation, or sale of the real property shall be conducted
in consultation with the Administrator of General Services.
SEC. 1433. <<NOTE: 22 USC 9633.>> MAXIMUM CONTINGENT LIABILITY.
The maximum contingent liability of the Corporation outstanding at
any one time shall not exceed in the aggregate $60,000,000,000.
SEC. 1434. <<NOTE: 22 USC 9634.>> CORPORATE FUNDS.
(a) Corporate Capital Account.--There is established in the Treasury
of the United States a fund to be known as the ``Corporate Capital
Account'' to carry out the purposes of the Corporation.
(b) Funding.--The Corporate Capital Account shall consist of--
(1) fees charged and collected pursuant to subsection (c);
(2) any amounts received pursuant to subsection (e);
(3) investments and returns on such investments pursuant to
subsection (g);
(4) unexpended balances transferred to the Corporation
pursuant to subsection (i);
(5) payments received in connection with settlements of all
insurance and reinsurance claims of the Corporation; and
[[Page 132 STAT. 3502]]
(6) all other collections transferred to or earned by the
Corporation, excluding the cost, as defined in section 502 of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans
and loan guaranties.
(c) Fee Authority.--Fees may be charged and collected for providing
services in amounts to be determined by the Corporation.
(d) Uses.--
(1) In general.--Subject to Acts making appropriations, the
Corporation is authorized to pay--
(A) the cost, as defined in section 502 of the
Federal Credit Reform Act of 1990, of loans and loan
guaranties;
(B) administrative expenses of the Corporation;
(C) for the cost of providing support authorized by
subsections (c), (e), (f), and (g) of section 1421;
(D) project-specific transaction costs.
(2) Income and revenue.--In order to carry out the purposes
of the Corporation, all collections transferred to or earned by
the Corporation, excluding the cost, as defined in section 502
of the Federal Credit Reform Act of 1990, of loans and loan
guaranties, shall be deposited into the Corporate Capital
Account and shall be available to carry out its purpose,
including without limitation--
(A) payment of all insurance and reinsurance claims
of the Corporation;
(B) repayments to the Treasury of amounts borrowed
under subsection (e); and
(C) dividend payments to the Treasury under
subsection (f).
(e) Full Faith and Credit.--
(1) In general.--All support provided pursuant to
predecessor authorities or title II shall continue to constitute
obligations of the United States, and the full faith and credit
of the United States is hereby pledged for the full payment and
performance of such obligations.
(2) Authority to borrow.--The Corporation is authorized to
borrow from the Treasury such sums as may be necessary to
fulfill such obligations of the United States and any such
borrowing shall be at a rate determined by the Secretary of the
Treasury, taking into consideration the current average market
yields on outstanding marketable obligations of the United
States of comparable maturities, for a period jointly determined
by the Corporation and the Secretary, and subject to such terms
and conditions as the Secretary may require.
(f) Dividends.--The Board, in consultation with the Director of the
Office of Management and Budget, shall annually assess a dividend
payment to the Treasury if the Corporation's insurance portfolio is more
than 100 percent reserved.
(g) Investment Authority.--
(1) In general.--The Corporation may request the Secretary
of the Treasury to invest such portion of the Corporate Capital
Account as is not, in the Corporation's judgment, required to
meet the current needs of the Corporate Capital Account.
(2) Form of investments.--Such investments shall be made by
the Secretary of the Treasury in public debt obligations, with
maturities suitable to the needs of the Corporate Capital
Account, as determined by the Corporation, and bearing
[[Page 132 STAT. 3503]]
interest at rates determined by the Secretary, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities.
(h) Collections.--Interest earnings made pursuant to subsection (g),
earnings collected related to equity investments, and amounts, excluding
fees related to insurance or reinsurance, collected pursuant to
subsection (c), shall not be collected for any fiscal year except to the
extent provided in advance in appropriations Acts.
(i) Transfer From Predecessor Agencies and Programs.--By the end of
the transition period described in title VI, the unexpended balances,
assets, and responsibilities of any agency specified in the plan
required by section 1462 shall be transferred to the Corporation.
(j) Transfer of Funds.--In order to carry out this division, funds
authorized to be appropriated to carry out the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) may be transferred to the Corporation and
funds authorized to be appropriated to the Corporation may be
transferred to the Department of State and the United States Agency for
International Development.
(k) Definition.--In this section, the term ``project-specific
transaction costs''--
(1) means those costs incurred by the Corporation for
travel, legal expenses, and direct and indirect costs incurred
in claims settlements associated with the provision of support
under title II and shall not be considered administrative
expenses for the purposes of this section; and
(2) does not include information technology (as such term is
defined in section 11101 of title 40, United States Code).
SEC. 1435. <<NOTE: 22 USC 9635.>> COORDINATION WITH OTHER
DEVELOPMENT AGENCIES.
It is the sense of Congress that the Corporation should use relevant
data of the Department of State, the Millennium Challenge Corporation,
the United States Agency for International Development, and other
departments and agencies that have development functions to better
inform the decisions of the Corporation with respect to providing
support under title II.
TITLE IV--MONITORING, EVALUATION, AND REPORTING
SEC. 1441. <<NOTE: 22 USC 9651.>> ESTABLISHMENT OF RISK AND AUDIT
COMMITTEES.
(a) In General.--To assist the Board to fulfill its duties and
responsibilities under section 1421(a), the Corporation shall establish
a risk committee and an audit committee.
(b) Duties and Responsibilities of Risk Committee.--Subject to the
direction of the Board, the risk committee established under subsection
(a) shall have oversight responsibility of--
(1) formulating risk management policies of the operations
of the Corporation;
(2) reviewing and providing guidance on operation of the
Corporation's global risk management framework;
(3) developing policies for enterprise risk management,
monitoring, and management of strategic, reputational,
regulatory, operational, developmental, environmental, social,
and financial risks;
[[Page 132 STAT. 3504]]
(4) developing the risk profile of the Corporation,
including a risk management and compliance framework and
governance structure to support such framework; and
(5) developing policies and procedures for assessing, prior
to providing, and for any period during which the Corporation
provides, support to any foreign entities, whether such entities
have in place sufficient enhanced due diligence policies and
practices to prevent money laundering and corruption to ensure
the Corporation does not provide support to persons that are--
(A) knowingly engaging in acts of corruption;
(B) knowingly providing material or financial
support for terrorism, drug trafficking, or human
trafficking; or
(C) responsible for ordering or otherwise directing
serious or gross violations of human rights.
(c) Duties and Responsibilities of Audit Committee.--Subject to the
direction of the Board, the audit committee established under subsection
(a) shall have the oversight responsibility of--
(1) the integrity of the Corporation's financial reporting
and systems of internal controls regarding finance and
accounting;
(2) the integrity of the Corporation's financial statements;
(3) the performance of the Corporation's internal audit
function; and
(4) compliance with legal and regulatory requirements
related to the finances of the Corporation.
SEC. 1442. <<NOTE: 22 USC 9652.>> PERFORMANCE MEASURES,
EVALUATION, AND LEARNING.
(a) In General.--The Corporation shall develop a performance
measurement system to evaluate and monitor projects supported by the
Corporation under title II and to guide future projects of the
Corporation.
(b) Considerations.--In developing the performance measurement
system required by subsection (a), the Corporation shall--
(1) develop a successor for the development impact
measurement system of the Overseas Private Investment
Corporation (as such system was in effect on the day before the
date of the enactment of this Act);
(2) develop a mechanism for ensuring that support provided
by the Corporation under title II is in addition to private
investment;
(3) develop standards for, and a method for ensuring,
appropriate financial performance of the Corporation's
portfolio; and
(4) develop standards for, and a method for ensuring,
appropriate development performance of the Corporation's
portfolio, including--
(A) measurement of the projected and ex post
development impact of a project; and
(B) the information necessary to comply with section
1443.
(c) Public Availability of Certain Information.--The Corporation
shall make available to the public on a regular basis information about
support provided by the Corporation under title II and performance
metrics about such support on a country-by-country basis.
[[Page 132 STAT. 3505]]
(d) Consultation.--In developing the performance measurement system
required by subsection (a), the Corporation shall consult with the
Development Advisory Council established under section 1413(i) and other
stakeholders and interested parties engaged in sustainable economic
growth and development.
SEC. 1443. <<NOTE: 22 USC 9653.>> ANNUAL REPORT.
(a) In General.--After the end of each fiscal year, the Corporation
shall submit to the appropriate congressional committees a complete and
detailed report of its operations during that fiscal year, including an
assessment of--
(1) the economic and social development impact, including
with respect to matters described in subsections (d), (e), and
(f) of section 1451, of projects supported by the Corporation
under title II;
(2) the extent to which the operations of the Corporation
complement or are compatible with the development assistance
programs of the United States and qualifying sovereign entities;
(3) the Corporation's institutional linkages with other
relevant United States Government department and agencies,
including efforts to strengthen such linkages; and
(4) the compliance of projects supported by the Corporation
under title II with human rights, environmental, labor, and
social policies, or other such related policies that govern the
Corporation's support for projects, promulgated or otherwise
administered by the Corporation.
(b) Elements.--Each annual report required by subsection (a) shall
include analyses of the effects of projects supported by the Corporation
under title II, including--
(1) reviews and analyses of--
(A) the desired development outcomes for projects
and whether or not the Corporation is meeting the
associated metrics, goals, and development objectives,
including, to the extent practicable, in the years after
conclusion of projects; and
(B) the effect of the Corporation's support on
access to capital and ways in which the Corporation is
addressing identifiable market gaps or inefficiencies
and what impact, if any, such support has on access to
credit for a specific project, country, or sector;
(2) an explanation of any partnership arrangement or
cooperation with a qualifying sovereign entity in support of
each project;
(3) projections of--
(A) development outcomes, and whether or not support
for projects are meeting the associated performance
measures, both during the start-up phase and over the
duration of the support, and to the extent practicable,
measures of such development outcomes should be on a
gender-disaggregated basis, such as changes in
employment, access to financial services, enterprise
development and growth, and composition of executive
boards and senior leadership of enterprises receiving
support under title II; and
(B) the value of private sector assets brought to
bear relative to the amount of support provided by the
Corporation and the value of any other public sector
support; and
[[Page 132 STAT. 3506]]
(4) an assessment of the extent to which lessons learned
from the monitoring and evaluation activities of the
Corporation, and from annual reports from previous years
compiled by the Corporation, have been applied to projects.
SEC. 1444. <<NOTE: 22 USC 9654.>> PUBLICLY AVAILABLE PROJECT
INFORMATION.
The Corporation shall--
(1) maintain a user-friendly, publicly available, machine-
readable database with detailed project-level information, as
appropriate and to the extent practicable, including a
description of the support provided by the Corporation under
title II, including, to the extent feasible, the information
included in the report to Congress under section 1443 and
project-level performance metrics; and
(2) include a clear link to information about each project
supported by the Corporation under title II on the internet
website of the Department of State, ``ForeignAssistance.gov'',
or a successor website or other online publication.
SEC. 1445. <<NOTE: 22 USC 9655.>> ENGAGEMENT WITH INVESTORS.
(a) In General.--The Corporation, acting through the Chief
Development Officer, shall, in cooperation with the Administrator of the
United States Agency for International Development--
(1) develop a strategic relationship with private sector
entities focused at the nexus of business opportunities and
development priorities;
(2) engage such entities and reduce business risks primarily
through direct transaction support and facilitating investment
partnerships;
(3) develop and support tools, approaches, and
intermediaries that can mobilize private finance at scale in the
developing world;
(4) pursue highly developmental projects of all sizes,
especially those that are small but designed for work in the
most underdeveloped areas, including countries with chronic
suffering as a result of extreme poverty, fragile institutions,
or a history of violence; and
(5) pursue projects consistent with the policy of the United
States described in section 1411 and the Joint Strategic Plan
and the Mission Country Development Cooperation Strategies of
the United States Agency for International Development.
(b) Assistance.--To achieve the goals described in subsection (a),
the Corporation shall--
(1) develop risk mitigation tools;
(2) provide transaction structuring support for blended
finance models;
(3) support intermediaries linking capital supply and
demand;
(4) coordinate with other Federal agencies to support or
accelerate transactions;
(5) convene financial, donor, civil society, and public
sector partners around opportunities for private finance within
development priorities;
(6) offer strategic planning and programming assistance to
catalyze investment into priority sectors;
(7) provide transaction structuring support;
(8) deliver training and knowledge management tools for
engaging private investors;
[[Page 132 STAT. 3507]]
(9) partner with private sector entities that provide access
to capital and expertise; and
(10) identify and screen new investment partners.
(c) Technical Assistance.--The Corporation shall coordinate with the
United States Agency for International Development and other agencies
and departments, as necessary, on projects and programs supported by the
Corporation that include technical assistance.
SEC. 1446. <<NOTE: 22 USC 9656.>> NOTIFICATIONS TO BE PROVIDED BY
THE CORPORATION.
(a) In General.--Not later than 15 days prior to the Corporation
making a financial commitment associated with the provision of support
under title II in an amount in excess of $10,000,000, the Chief
Executive Officer of the Corporation shall submit to the appropriate
congressional committees a report in writing that contains the
information required by subsection (b).
(b) Information Required.--The information required by this
subsection includes--
(1) the amount of each such financial commitment;
(2) an identification of the recipient or beneficiary; and
(3) a description of the project, activity, or asset and the
development goal or purpose to be achieved by providing support
by the Corporation.
(c) Bilateral Agreements.--The Chief Executive Officer of the
Corporation shall notify the appropriate congressional committees not
later than 30 days after entering into a new bilateral agreement
described in section 1431(a).
TITLE V--CONDITIONS, RESTRICTIONS, AND PROHIBITIONS
SEC. 1451. <<NOTE: 22 USC 9671.>> LIMITATIONS AND PREFERENCES.
(a) Limitation on Support for Single Entity.--No entity receiving
support from the Corporation under title II may receive more than an
amount equal to 5 percent of the Corporation's maximum contingent
liability authorized under section 1433.
(b) Preference for Support for Projects Sponsored by United States
Persons.--
(1) In general.--The Corporation should give preferential
consideration to projects sponsored by or involving private
sector entities that are United States persons.
(2) United states person defined.--In this subsection, the
term ``United States person'' means--
(A) a United States citizen; or
(B) an entity owned or controlled by an individual
or individuals described in subparagraph (A).
(c) Preference for Support in Countries in Compliance With
International Trade Obligations.--
(1) Consultations with united states trade representative.--
Not less frequently than annually, the Corporation shall consult
with the United States Trade Representative with respect to the
status of countries eligible to receive support from the
Corporation under title II and the compliance of those countries
with their international trade obligations.
(2) Preferential consideration.--The Corporation shall give
preferential consideration to providing support under title
[[Page 132 STAT. 3508]]
II for projects in countries in compliance with or making
substantial progress coming into compliance with their
international trade obligations.
(d) Worker Rights.--
(1) In general.--The Corporation shall only support projects
under title II in countries that are taking steps to adopt and
implement laws that extend internationally recognized worker
rights (as defined in section 507 of the Trade Act of 1974 (19
U.S.C. 2467)) to workers in that country, including any
designated zone in that country.
(2) Required contract language.--The Corporation shall also
include the following language, in substantially the following
form, in all contracts which the Corporation enters into with
persons receiving support under title II: ``The person receiving
support agrees not to take actions to prevent employees of the
foreign enterprise from lawfully exercising their right of
association and their right to organize and bargain
collectively. The person further agrees to observe applicable
laws relating to a minimum age for employment of children,
acceptable conditions of work with respect to minimum wages,
hours of work, and occupational health and safety, and not to
use forced labor or the worst forms of child labor (as defined
in section 507 of the Trade Act of 1974 (19 U.S.C. 2467)). The
person is not responsible under this paragraph for the actions
of a foreign government.''.
(e) Impact Notification.--The Board shall not vote in favor of any
project proposed to be supported by the Corporation under title II that
is likely to have significant adverse environmental or social impacts
that are sensitive, diverse, or unprecedented, unless--
(1) at least 60 days before the date of the vote, an
environmental and social impact assessment or initial
environmental and social audit, analyzing the environmental and
social impacts of the proposed project and of alternatives to
the proposed project, including mitigation measures, is
completed;
(2) such assessment or audit has been made available to the
public of the United States, locally affected groups in the
country in which the project will be carried out, and
nongovernmental organizations in that country; and
(3) the Corporation, applying best practices with respect to
environmental and social safeguards, includes in any contract
relating to the project provisions to ensure the mitigation of
any such adverse environmental or social impacts.
(f) Women's Economic Empowerment.--In utilizing its authorities
under title II, the Corporation shall consider the impacts of its
support on women's economic opportunities and outcomes and shall
prioritize the reduction of gender gaps and maximize development impact
by working to improve women's economic opportunities.
(g) Preference for Provision of Support in Countries Embracing
Private Enterprise.--
(1) In general.--The Corporation should give preferential
consideration to projects for which support under title II may
be provided in countries the governments of which have
demonstrated consistent support for economic policies that
promote
[[Page 132 STAT. 3509]]
the development of private enterprise, both domestic and
foreign, and maintaining the conditions that enable private
enterprise to make a full contribution to the development of
such countries, including--
(A) market-based economic policies;
(B) protection of private property rights;
(C) respect for the rule of law; and
(D) systems to combat corruption and bribery.
(2) Sources of information.--The Corporation should rely on
both third-party indicators and United States Government
information, such as the Department of State's Investment
Climate Statements, the Department of Commerce's Country
Commercial Guides, or the Millennium Challenge Corporation's
Constraints Analysis, to assess whether countries meet the
conditions described in paragraph (1).
(h) Consideration of Foreign Boycott Participation.--In providing
support for projects under title II, the Corporation shall consider,
using information readily available, whether the project is sponsored by
or substantially affiliated with any person taking or knowingly agreeing
to take actions, or having taken or knowingly agreed to take actions
within the past 3 years, which demonstrate or otherwise evidence intent
to comply with, further, or support any boycott described in section
1773(a) of the Export Control Reform Act of 2018 (subtitle B of title
XVII of Public Law 115-232).
(i) Ensuring Opportunities for Small Businesses in Foreign
Development.--The Corporation shall, using broad criteria, make, to the
maximum extent possible consistent with this division, efforts--
(1) to give preferential consideration in providing support
under title II to projects sponsored by or involving small
businesses; and
(2) to ensure that the proportion of projects sponsored by
or involving United States small businesses, including women-,
minority-, and veteran-owned small businesses, is not less than
50 percent of all projects for which the Corporation provides
support and that involve United States persons.
SEC. 1452. <<NOTE: 22 USC 9672.>> ADDITIONALITY AND AVOIDANCE OF
MARKET DISTORTION.
(a) In General.--Before the Corporation provides support for a
project under title II, the Corporation shall ensure that private sector
entities are afforded an opportunity to support the project.
(b) Safeguards, Policies, and Guidelines.--The Corporation shall
develop appropriate safeguards, policies, and guidelines to ensure that
support provided by the Corporation under title II--
(1) supplements and encourages, but does not compete with,
private sector support;
(2) operates according to internationally recognized best
practices and standards with respect to ensuring the avoidance
of market distorting government subsidies and the crowding out
of private sector lending; and
(3) does not have a significant adverse impact on United
States employment.
[[Page 132 STAT. 3510]]
SEC. 1453. <<NOTE: 22 USC 9673.>> PROHIBITION ON SUPPORT IN
COUNTRIES THAT SUPPORT TERRORISM OR
VIOLATE HUMAN RIGHTS AND WITH SANCTIONED
PERSONS.
(a) In General.--The Corporation is prohibited from providing
support under title II for a government, or an entity owned or
controlled by a government, if the Secretary of State has determined
that the government--
(1) has repeatedly provided support for acts of
international terrorism for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (subtitle B of title XVII of Public
Law 115-232);
(B) section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in a consistent pattern of gross violations
of internationally recognized human rights for purposes of
section 116(a) or 502B(a)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant
provision of law.
(b) Prohibition on Support of Sanctioned Persons.--The Corporation
is prohibited from all dealings related to any project under title II
prohibited under United States sanctions laws or regulations, including
dealings with persons on the list of specially designated persons and
blocked persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury, except to the extent otherwise
authorized by the Secretary of the Treasury or the Secretary of State.
(c) Prohibition on Support of Activities Subject to Sanctions.--The
Corporation shall require any person receiving support under title II to
certify that the person, and any entity owned or controlled by the
person, is in compliance with all United States sanctions laws and
regulations.
SEC. 1454. <<NOTE: 22 USC 9674.>> APPLICABILITY OF CERTAIN
PROVISIONS OF LAW.
Subsections (g), (l), (m), and (n) of section 237 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2197) shall apply with respect to the
Corporation to the same extent and in the same manner as such
subsections applied with respect to the Overseas Private Investment
Corporation on the day before the date of the enactment of this Act.
TITLE VI--TRANSITIONAL PROVISIONS
SEC. 1461. <<NOTE: 22 USC 9681.>> DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' includes any entity,
organizational unit, program, or function.
(2) Transition period.--The term ``transition period'' means
the period--
(A) beginning on the date of the enactment of this
Act; and
(B) ending on the effective date of the
reorganization plan required by section 1462(e).
[[Page 132 STAT. 3511]]
SEC. 1462. <<NOTE: 22 USC 9682.>> REORGANIZATION PLAN.
(a) Submission of Plan.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a reorganization plan
regarding the following:
(A) The transfer of agencies, personnel, assets, and
obligations to the Corporation pursuant to this title.
(B) Any consolidation, reorganization, or
streamlining of agencies transferred to the Corporation
pursuant to this title.
(C) Any efficiencies or cost savings achieved or
additional costs incurred as a result of the transfer of
agencies, personnel, assets, and obligations to the
Corporation pursuant to this title, including reductions
in unnecessary or duplicative operations, assets, and
personnel.
(2) Consultation.--Not later than 15 days before the date on
which the plan is transmitted pursuant to this subsection, the
President shall consult with the appropriate congressional
committees on such plan.
(b) Plan Elements.--The plan transmitted under subsection (a) shall
contain, consistent with this division, such elements as the President
deems appropriate, including the following:
(1) Identification of any functions of agencies transferred
to the Corporation pursuant to this title that will not be
transferred to the Corporation under the plan.
(2) Specification of the steps to be taken to organize the
Corporation, including the delegation or assignment of functions
transferred to the Corporation.
(3) Specification of the funds available to each agency that
will be transferred to the Corporation as a result of transfers
under the plan.
(4) Specification of the proposed allocations within the
Corporation of unexpended funds transferred in connection with
transfers under the plan.
(5) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and obligations
of agencies transferred under the plan.
(6) Specification of the number of authorized positions and
personnel employed before the end of the transition period that
will be transferred to the Corporation, including plans to
mitigate the impact of such transfers on the United States
Agency for International Development.
(c) Report on Coordination.--
(1) In general.--The transfer of functions authorized by
this section may occur only after the President and Chief
Executive Officer of the Overseas Private Investment Corporation
and the Administrator of the United States Agency for
International Development jointly submit to the Committee on
Foreign Affairs and Committee on Appropriations of the House of
Representatives and Committee on Foreign Relations and Committee
on Appropriations of the Senate a report in writing that
contains the information required by paragraph (2).
(2) Information required.--The information required by this
paragraph includes a description in detail of the procedures to
be followed after the transfer of functions authorized by
[[Page 132 STAT. 3512]]
this section have occurred to coordinate between the Corporation
and the United States Agency for International Development in
carrying out the functions so transferred.
(d) Modification of Plan.--The President shall consult with the
appropriate congressional committees before making any material
modification or revision to the plan before the plan becomes effective
in accordance with subsection (e).
(e) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (c), shall become effective for an agency on
the date specified in the plan (or the plan as modified pursuant
to subsection (d)), except that such date may not be earlier
than 90 days after the date the President has transmitted the
reorganization plan to the appropriate congressional committees
pursuant to subsection (a).
(2) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balances of appropriations, or other assets of an
agency on a single date.
SEC. 1463. <<NOTE: 22 USC 9683.>> TRANSFER OF FUNCTIONS.
(a) In General.--Effective at the end of the transition period,
there shall be transferred to the Corporation the functions, personnel,
assets, and liabilities of--
(1) the Overseas Private Investment Corporation, as in
existence on the day before the date of the enactment of this
Act; and
(2) the following elements of the United States Agency for
International Development:
(A) The Development Credit Authority.
(B) The existing Legacy Credit portfolio under the
Urban Environment Program and any other direct loan
programs and non-Development Credit Authority guaranty
programs authorized by the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) or other predecessor Acts,
as in existence on the date of the enactment of this
Act, other than any sovereign loan guaranties.
(b) Additional Transfer Authority.--Effective at the end of the
transition period, there is authorized to be transferred to the
Corporation, with the concurrence of the Administrator of the United
States Agency for International Development, the functions, personnel,
assets, and liabilities of the following elements of the United States
Agency for International Development:
(1) The Office of Private Capital and Microenterprise.
(2) The enterprise funds.
(c) Sovereign Loan Guaranty Transfer.--
(1) In general.--Effective at the end of the transition
period, there is authorized to be transferred to the Corporation
or any other appropriate department or agency of the United
States Government the loan accounts and the legal rights and
responsibilities for the sovereign loan guaranty portfolio held
by the United States Agency for International Development as in
existence on the day before the date of the enactment of this
Act.
(2) Inclusion in reorganization plan.--The President shall
include in the reorganization plan submitted under section
[[Page 132 STAT. 3513]]
1462 a description of the transfer authorized under paragraph
(1).
(d) Bilateral Agreements.--Any bilateral agreement of the United
States in effect on the date of the enactment of this Act that serves as
the basis for programs of the Overseas Private Investment Corporation
and the Development Credit Authority shall be considered as satisfying
the requirements of section 1431(a).
(e) Transition.--During the transition period, the agencies
specified in subsection (a) shall--
(1) continue to administer the assets and obligations of
those agencies; and
(2) carry out such programs and activities authorized under
this division as may be determined by the President.
SEC. 1464. <<NOTE: 22 USC 9684.>> TERMINATION OF OVERSEAS PRIVATE
INVESTMENT CORPORATION AND OTHER
SUPERCEDED AUTHORITIES.
Effective at the end of the transition period--
(1) the Overseas Private Investment Corporation is
terminated; and
(2) title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.) (other than
subsections (g), (l), (m), and (n) of section 237 of that
Act) <<NOTE: 22 USC 2191-2200b.>> is repealed.
SEC. 1465. <<NOTE: 22 USC 9685.>> TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the transfer of an
agency to the Corporation under section 1463, any official having
authority over, or functions relating to, the agency on the day before
the date of the enactment of this Act shall provide to the Corporation
such assistance, including the use of personnel and assets, as the
Corporation may request in preparing for the transfer and integration of
the agency into the Corporation.
(b) Services and Personnel.--During the transition period, upon the
request of the Corporation, the head of any executive agency may, on a
reimbursable or non-reimbursable basis, provide services or detail
personnel to assist with the transition.
(c) Acting Officials.--
(1) In general.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this division to be appointed by and with
such advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer before the end of
the transition period (and who continues in office) or
immediately before such designation, to act in such office until
the same is filled as provided in this division. While so
acting, such officers shall receive compensation at the higher
of--
(A) the rates provided by this division for the
respective offices in which they act; or
(B) the rates provided for the offices held at the
time of designation.
(2) Rule of construction.--Nothing in this division shall be
construed to require the advice and consent of the Senate to the
appointment by the President to a position in the Corporation of
any officer whose agency is transferred to the Corporation
pursuant to this title and whose duties following such transfer
are germane to those performed before such transfer.
[[Page 132 STAT. 3514]]
(d) Transfer of Personnel, Assets, Obligations, and Functions.--Upon
the transfer of an agency to the Corporation under section 1463--
(1) the personnel, assets, and obligations held by or
available in connection with the agency shall be transferred to
the Corporation for appropriate allocation, subject to the
approval of the Director of the Office of Management and Budget
and in accordance with section 1531(a)(2) of title 31, United
States Code; and
(2) the Corporation shall have all functions--
(A) relating to the agency that any other official
could by law exercise in relation to the agency
immediately before such transfer; and
(B) vested in the Corporation by this division or
other law.
SEC. 1466. <<NOTE: 22 USC 9686.>> SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of an
agency shall not be affected by the enactment of this Act or the
transfer of such agency to the Corporation under section 1463,
but shall continue in effect according to their terms until
amended, modified, superseded, terminated, set aside, or revoked
in accordance with law by an officer of the United States or a
court of competent jurisdiction, or by operation of law.
(2) Completed administrative action defined.--In this
subsection, the term ``completed administrative action''
includes orders, determinations, rules, regulations, personnel
actions, permits, agreements, grants, contracts, certificates,
policies, licenses, registrations, and privileges.
(b) Pending Proceedings.--
(1) In general.--Pending proceedings in an agency, including
notices of proposed rulemaking, and applications for licenses,
permits, certificates, grants, and financial assistance, shall
continue notwithstanding the enactment of this Act or the
transfer of the agency to the Corporation, unless discontinued
or modified under the same terms and conditions and to the same
extent that such discontinuance could have occurred if such
enactment or transfer had not occurred.
(2) Orders.--Orders issued in proceedings described in
paragraph (1), and appeals therefrom, and payments made pursuant
to such orders, shall issue in the same manner and on the same
terms as if this division had not been enacted or the agency had
not been transferred, and any such orders shall continue in
effect until amended, modified, superseded, terminated, set
aside, or revoked by an officer of the United States or a court
of competent jurisdiction, or by operation of law.
(c) Pending Civil Actions.--Pending civil actions shall continue
notwithstanding the enactment of this Act or the transfer of an agency
to the Corporation, and in such civil actions, proceedings shall be had,
appeals taken, and judgments rendered and enforced in the same manner
and with the same effect as if such enactment or transfer had not
occurred.
(d) References.--References relating to an agency that is
transferred to the Corporation under section 1463 in statutes,
[[Page 132 STAT. 3515]]
Executive orders, rules, regulations, directives, or delegations of
authority that precede such transfer or the date of the enactment of
this Act shall be deemed to refer, as appropriate, to the Corporation,
to its officers, employees, or agents, or to its corresponding
organizational units or functions. Statutory reporting requirements that
applied in relation to such an agency immediately before the effective
date of this division shall continue to apply following such transfer if
they refer to the agency by name.
(e) Employment Provisions.--
(1) Regulations.--The Corporation may, in regulations
prescribed jointly with the Director of the Office of Personnel
Management, adopt the rules, procedures, terms, and conditions,
established by statute, rule, or regulation before the date of
the enactment of this Act, relating to employment in any agency
transferred to the Corporation under section 1463.
(2) Effect of transfer on conditions of employment.--Except
as otherwise provided in this division, or under authority
granted by this division, the transfer pursuant to this title of
personnel shall not alter the terms and conditions of
employment, including compensation, of any employee so
transferred.
(f) Statutory Reporting Requirements.--Any statutory reporting
requirement that applied to an agency transferred to the Corporation
under this title immediately before the date of the enactment of this
Act shall continue to apply following that transfer if the statutory
requirement refers to the agency by name.
SEC. 1467. <<NOTE: 22 USC 9687.>> OTHER TERMINATIONS.
Except as otherwise provided in this division, whenever all the
functions vested by law in any agency have been transferred pursuant to
this title, each position and office the incumbent of which was
authorized to receive compensation at the rates prescribed for an office
or position at level II, III, IV, or V of the Executive Schedule under
subchapter II of chapter 53 of title 5, United States Code, shall
terminate.
SEC. 1468. <<NOTE: 22 USC 9688.>> INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in consultation
with the Corporation, is authorized and directed to make such additional
incidental dispositions of personnel, assets, and liabilities held,
used, arising from, available, or to be made available, in connection
with the functions transferred by this title, as the Director may
determine necessary to accomplish the purposes of this division.
SEC. 1469. <<NOTE: 22 USC 9689.>> REFERENCE.
With respect to any function transferred under this title (including
under a reorganization plan under section 1462) and exercised on or
after the date of the enactment of this Act, reference in any other
Federal law to any department, commission, or agency or any officer or
office the functions of which are so transferred shall be deemed to
refer to the Corporation or official or component of the Corporation to
which that function is so transferred.
SEC. 1470. CONFORMING AMENDMENTS.
(a) Exempt Programs.--Section 255(g) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)) is
[[Page 132 STAT. 3516]]
amended by striking ``Overseas Private Investment Corporation, Noncredit
Account (71-4184-0-3-151).'' and inserting ``United States International
Development Finance Corporation.''.
(b) Executive Schedule.--Title 5, United States Code, is amended--
(1) in section 5314, by striking ``President, Overseas
Private Investment Corporation.'';
(2) in section 5315, by striking ``Executive Vice President,
Overseas Private Investment Corporation.''; and
(3) in section 5316, by striking ``Vice Presidents, Overseas
Private Investment Corporation (3).''.
(c) Office of International Trade of the Small Business
Administration.--Section 22 of the Small Business Act (15 U.S.C. 649) is
amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``the President of the Overseas Private
Investment Corporation, Director'' and inserting ``the Board of
Directors of the United States International Development Finance
Corporation, the Director''; and
(2) by striking ``Overseas Private Investment Corporation''
each place it appears and inserting ``United States
International Development Finance Corporation''.
(d) United States and Foreign Commercial Service.--Section 2301 of
the Export Enhancement Act of 1988 (15 U.S.C. 4721) is amended by
striking ``Overseas Private Investment Corporation'' each place it
appears and inserting ``United States International Development Finance
Corporation''.
(e) Trade Promotion Coordinating Committee.--Section 2312(d)(1)(K)
of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)(K)) is
amended by striking ``Overseas Private Investment Corporation'' and
inserting ``United States International Development Finance
Corporation''.
(f) Interagency Trade Data Advisory Committee.--Section 5402(b) of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is
amended by striking ``the President of the Overseas Private Investment
Corporation'' and inserting ``the Chief Executive Officer of the United
States International Development Finance Corporation''.
(g) Misuse of Names of Federal Agencies.--Section 709 of title 18,
United States Code, is amended by striking `` `Overseas Private
Investment', `Overseas Private Investment Corporation', or `OPIC','' and
inserting `` `United States International Development Finance
Corporation' or `DFC' ''.
(h) Engagement on Currency Exchange Rate and Economic Policies.--
Section 701(c)(1)(A) of the Trade Facilitation and Trade Enforcement Act
of 2015 (19 U.S.C. 4421(c)(1)(A)) is amended by striking ``Overseas
Private Investment Corporation'' and inserting ``United States
International Development Finance Corporation''.
(i) Internships With Institute for International Public Policy.--
Section 625 of the Higher Education Act of 1965 (20 U.S.C. 1131c(a)) is
amended by striking ``Overseas Private Investment Corporation'' and
inserting ``United States International Development Finance
Corporation''.
(j) Foreign Assistance Act of 1961.--The Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 116-- <<NOTE: 22 USC 2151n.>>
[[Page 132 STAT. 3517]]
(A) in subsection (a), by inserting ``, and no
support may be provided under title II of the Better
Utilization of Investments Leading to Development Act of
2018,'' after ``this part'';
(B) in the first subsection (b)--
(i) by inserting ``or title II of the Better
Utilization of Investments Leading to Development
Act of 2018'' after ``this part'';
(ii) by inserting ``or the Chief Executive
Officer of the United States International
Development Finance Corporation, as applicable,''
after ``this Act'';
(iii) by inserting ``or support'' after ``the
assistance''; and
(iv) by inserting ``or support'' after ``such
assistance'' each place it appears;
(C) in the second subsection (b), by inserting
``under this part, and no support may be provided under
title II of the Better Utilization of Investments
Leading to Development Act of 2018,'' after
``provided''; and
(D) in subsection (c), by striking ``under this
part, the Administrator'' and inserting ``under this
part, or support provided under title II of the Better
Utilization of Investments Leading to Development Act of
2018, the Administrator, or the Chief Executive Officer
of the United States International Development Finance
Corporation, as applicable,'';
(2) in section 449B(b)(2) (22 U.S.C. 2296b(b)(2)), by
striking ``Overseas Private Investment Corporation'' and
inserting ``United States International Development Finance
Corporation''; and
(3) in section 481(e)(4)(A) (22 U.S.C. 2291(e)(4)(A)), in
the matter preceding clause (i), by striking ``(including
programs under title IV of chapter 2, relating to the Overseas
Private Investment Corporation)'' and inserting ``(and any
support under title II of the Better Utilization of Investments
Leading to Development Act of 2018, relating to the United
States International Development Finance Corporation)''.
(k) Electrify Africa Act of 2015.--Sections 5 and 7 of the Electrify
Africa Act of 2015 (Public Law 114-121; 22 U.S.C. 2293 note) are amended
by striking ``Overseas Private Investment Corporation'' each place it
appears and inserting ``United States International Development Finance
Corporation''.
(l) Foreign Aid Transparency and Accountability Act of 2016.--
Section 2(3) of the Foreign Aid Transparency and Accountability Act of
2016 (Public Law 114-191; 22 U.S.C. 2394c note) is amended--
(1) in subparagraph (A), by striking ``except for'' and all
that follows through ``chapter 3'' and insert ``except for
chapter 3'';
(2) in subparagraph (C), by striking ``and'' at the end;
(3) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(E) the Better Utilization of Investments Leading
to Development Act of 2018.''.
[[Page 132 STAT. 3518]]
(m) Support for East European Democracy (SEED) Program.--The Support
for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.)
is amended--
(1) in section 2(c) (22 U.S.C. 5401(c)), by striking
paragraph (12) and inserting the following:
``(12) United states international development finance
corporation.--Programs of the United States International
Development Finance Corporation.''; and
(2) in section 201 (22 U.S.C. 5421), by striking subsection
(e) and inserting the following:
``(e) Grants to Enterprise Funds.--Funds appropriated to the
President pursuant to subsection (b) shall be granted to the Enterprise
Funds to carry out the purposes specified in subsection (a) and for the
administrative expenses of each Enterprise Fund--
``(1) except as provided in paragraph (2), by the United
States Agency for International Development; or
``(2) if the Enterprise Funds are transferred to the United
States International Development Finance Corporation pursuant to
section 1463(b) of the Better Utilization of Investments Leading
to Development Act of 2018, by the Corporation.''.
(n) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996.--Section 202(b)(2)(B)(iv) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)(iv)) is
amended by striking ``Overseas Private Investment Corporation'' and
inserting ``United States International Development Finance
Corporation''.
(o) International Religious Freedom Act of 1998.--Section 405(a)(10)
of the International Religious Freedom Act of 1998 (22 U.S.C.
6445(a)(10)) is amended by striking ``Overseas Private Investment
Corporation'' and inserting ``United States International Development
Finance Corporation''.
(p) Trafficking Victims Protection Act of 2000.--Section 103(8)(A)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)(A))
is amended in clause (viii) to read as follows:
``(viii) any support under title II of the
Better Utilization of Investments Leading to
Development Act of 2018 relating to the United
States International Development Finance
Corporation; and''.
(q) Technology Deployment in Developing Countries.--Section 732(b)
of the Global Environmental Protection Assistance Act of 1989 (22 U.S.C.
7902(b)) is amended by striking ``Overseas Private Investment
Corporation'' and inserting ``United States International Development
Finance Corporation''.
(r) Expanded Nonmilitary Assistance for Ukraine.--Section 7(c)(3) of
the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926(c)(3)) is
amended--
(1) in the paragraph heading, by striking ``Overseas private
investment corporation'' and inserting ``United states
international development finance corporation'';
(2) in the matter preceding subparagraph (A), by striking
``Overseas Private Investment Corporation'' and inserting
``United States International Development Finance Corporation'';
and
(3) in subparagraph (B), by striking ``by eligible investors
(as defined in section 238 of the Foreign Assistance Act of 1961
(22 U.S.C. 2198))''.
[[Page 132 STAT. 3519]]
(s) Global Food Security Act of 2016.--Section 4(7) of the Global
Food Security Act of 2016 (22 U.S.C. 9303(7)) is amended by striking
``Overseas Private Investment Corporation'' and inserting ``United
States International Development Finance Corporation''.
(t) Sense of Congress on European and Eurasian Energy Security.--
Section 257(c)(2)(B) of the Countering Russian Influence in Europe and
Eurasia Act of 2017 (22 U.S.C. 9546(c)(2)(B)) is amended by striking
``Overseas Private Investment Corporation'' and inserting ``United
States International Development Finance Corporation''.
(u) Wholly Owned Government Corporation.--Section 9101(3) of title
31, United States Code, is amended by striking ``Overseas Private
Investment Corporation'' and inserting ``United States International
Development Finance Corporation''.
(v) Energy Independence and Security Act of 2007.--Title IX of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17321 et seq.)
is amended--
(1) in section 914 (42 U.S.C. 17334)--
(A) in the section heading, by striking ``overseas
private investment corporation'' and inserting ``united
states international development finance corporation'';
(B) in subsection (a), in the matter preceding
paragraph (1), by striking ``Overseas Private Investment
Corporation'' and inserting ``United States
International Development Finance Corporation''; and
(C) in subsection (b), in the matter preceding
paragraph (1), by striking ``Overseas Private Investment
Corporation shall include in its annual report required
under section 240A of the Foreign Assistance Act of 1961
(22 U.S.C. 2200a)'' and inserting ``United States
International Development Finance Corporation shall
include in its annual report required under section 1443
of the Better Utilization of Investments Leading to
Development Act of 2018''; and
(2) in section 916(a)(2)(I) (42 U.S.C. 17336(a)(2)(I)), by
striking ``Overseas Private Investment Corporation:'' and
inserting ``United States International Development Finance
Corporation;''.
(w) <<NOTE: 2 USC 905 note.>> Effective Date.--The amendments made
by this section shall take effect at the end of the transition period.
DIVISION G--SYRIA STUDY GROUP
SEC. 1501. SYRIA STUDY GROUP.
(a) Establishment.--There is established a working group to be known
as the ``Syria Study Group'' (in this section referred to as the
``Group'').
(b) Purpose.--The purpose of the Group is to examine and make
recommendations on the military and diplomatic strategy of the United
States with respect to the conflict in Syria.
(c) Composition.--
(1) Membership.--The Group shall be composed of 12 members,
none of whom may be members of Congress, who shall be appointed
as follows:
[[Page 132 STAT. 3520]]
(A) One member appointed by the chair of the
Committee on Armed Services of the Senate.
(B) One member appointed by the ranking minority
member of the Committee on Armed Services of the Senate.
(C) One member appointed by the chair of the
Committee on Foreign Relations of the Senate.
(D) One member appointed by the ranking minority
member of the Committee on Foreign Relations of the
Senate.
(E) One member appointed by the chair of the
Committee on Armed Services of the House of
Representatives.
(F) One member appointed by the ranking minority
member of the Committee on Armed Services of the House
of Representatives.
(G) One member appointed by the chair of the
Committee on Foreign Affairs of the House of
Representatives.
(H) One member appointed by the ranking minority
member of the Committee on Foreign Affairs of the House
of Representatives.
(I) One member appointed by the majority leader of
the Senate.
(J) One member appointed by the minority leader of
the Senate.
(K) One member appointed by the Speaker of the House
of Representatives.
(L) One member appointed by the minority leader of
the House of Representatives.
(2) Co-chairs.--
(A) Of the members of the Group, one co-chair shall
be jointly designated by--
(i) the chairs of the Committee on Armed
Services and the Committee on Foreign Relations of
the Senate;
(ii) the chairs of the Committee on Armed
Services and the Committee on Foreign Affairs of
the House of Representatives;
(iii) the majority leader of the Senate; and
(iv) the Speaker of the House of
Representatives.
(B) Of the members of the Group, one co-chair shall
be jointly designated by--
(i) the ranking minority members of the
Committee on Armed Services and the Committee on
Foreign Relations of the Senate;
(ii) the ranking minority members of the
Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives;
(iii) the minority leader of the Senate; and
(iv) the minority leader of the House of
Representatives.
(3) Period of appointment.--A member shall be appointed for
the life of the Group.
(4) Vacancies.--Any vacancy in the Group shall be filled in
the same manner as the original appointment.
(d) Duties.--
(1) Review.--The Group shall conduct a review on the current
United States military and diplomatic strategy with respect to
the conflict in Syria that includes a review of current
[[Page 132 STAT. 3521]]
United States objectives in Syria and the desired end state in
Syria.
(2) Assessment and recommendations.--The Group shall--
(A) conduct a comprehensive assessment of the
current situation in Syria, the impact of such situation
on neighboring countries, the resulting regional and
geopolitical threats to the United States, and current
military, diplomatic, and political efforts to achieve a
stable Syria; and
(B) develop recommendations on the military and
diplomatic strategy of the United States with respect to
the conflict in Syria.
(e) Cooperation of United States Government.--
(1) In general.--The Group shall receive the full and timely
cooperation of the Secretary of Defense, the Secretary of State,
and the Director of National Intelligence in providing the Group
with analyses, briefings, and other information necessary for
the discharge of the duties of the Group under subsection (d).
(2) Liaison.--The Secretary of Defense, the Secretary of
State, and the Director of National Intelligence shall each
designate at least one officer or employee of the Department of
Defense, the Department of State, and the Office of the Director
of National Intelligence, respectively, to serve as a liaison to
the Group.
(3) Facilitation.--The United States Institute of Peace
shall take appropriate actions to facilitate the Group in the
discharge of the duties of the Group under this section.
(f) Reports.--
(1) Final report.--
(A) In general.--Not later than 180 days after the
date of enactment of this section, the Group shall
submit to the President, the Secretary of Defense, the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate, the Committee on Armed Services
and the Committee on Foreign Affairs of the House of
Representatives, the majority and minority leaders of
the Senate, the Speaker of the House of Representatives,
and the minority leader of the House of Representatives
a report that sets forth the findings, conclusions, and
recommendations of the Group under this section.
(B) Elements.--The report required by subparagraph
(A) shall include each of the following:
(i) An assessment of the current security,
political, humanitarian, and economic situations
in Syria.
(ii) An assessment of the current
participation and objectives of the various
external actors in Syria.
(iii) An assessment of the consequences of
continued conflict in Syria.
(iv) Recommendations for a resolution to the
conflict in Syria, including--
(I) options for a gradual political
transition to a post-Assad Syria; and
(II) actions necessary for
reconciliation.
(v) A roadmap for a United States and
coalition strategy to reestablish security and
governance in
[[Page 132 STAT. 3522]]
Syria, including recommendations for the
synchronization of stabilization, development,
counterterrorism, and reconstruction efforts.
(vi) Any other matter with respect to the
conflict in Syria that the Group considers to be
appropriate.
(2) Interim report.--Not later than 90 days after the date
of enactment of this section, the Group shall submit to the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate, the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives,
the majority and minority leaders of the Senate, the Speaker of
the House of Representatives, and the minority leader of the
House of Representatives a report that describes the status of
the review and assessment under subsection (d) and any interim
recommendations developed by the Group as of the date of the
briefing.
(3) Form of report.--The report submitted to Congress under
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.
(g) Termination.--The Group shall terminate on the date that is 180
days after the date on which the Group submits the report required by
subsection (f)(1).
DIVISION H <<NOTE: Preventing Emerging Threats Act of 2018.>> --
PREVENTING EMERGING THREATS
SEC. 1601 <<NOTE: 6 USC 101 note.>> . SHORT TITLE.
This division may be cited as the ``Preventing Emerging Threats Act
of 2018''.
SEC. 1602. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
(a) In General.--Subtitle A of title II of the Homeland Security Act
of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 210G. <<NOTE: 6 USC 124n.>> PROTECTION OF CERTAIN
FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
``(a) Authority.--Notwithstanding section 46502 of title 49, United
States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of
title 18, United States Code, the Secretary and the Attorney General
may, for their respective Departments, take, and may authorize personnel
with assigned duties that include the security or protection of people,
facilities, or assets, to take such actions as are described in
subsection (b)(1) that are necessary to mitigate a credible threat (as
defined by the Secretary or the Attorney General, in consultation with
the Secretary of Transportation) that an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a covered facility
or asset.
``(b) Actions Described.--
``(1) In general.--The actions authorized in subsection (a)
are the following:
``(A) During the operation of the unmanned aircraft
system, detect, identify, monitor, and track the
unmanned aircraft system or unmanned aircraft, without
prior consent, including by means of intercept or other
access of
[[Page 132 STAT. 3523]]
a wire communication, an oral communication, or an
electronic communication used to control the unmanned
aircraft system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft
system or unmanned aircraft, including by passive or
active, and direct or indirect physical, electronic,
radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft
system or unmanned aircraft, without prior consent,
including by disabling the unmanned aircraft system or
unmanned aircraft by intercepting, interfering, or
causing interference with wire, oral, electronic, or
radio communications used to control the unmanned
aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned
aircraft system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned
aircraft system or unmanned aircraft.
``(F) Use reasonable force, if necessary, to
disable, damage, or destroy the unmanned aircraft system
or unmanned aircraft.
``(2) Required coordination.--The Secretary and the Attorney
General shall develop for their respective Departments the
actions described in paragraph (1) in coordination with the
Secretary of Transportation.
``(3) Research, testing, training, and evaluation.--The
Secretary and the Attorney General shall conduct research,
testing, training on, and evaluation of any equipment, including
any electronic equipment, to determine its capability and
utility prior to the use of any such technology for any action
described in subsection (b)(1).
``(4) Coordination.--The Secretary and the Attorney General
shall coordinate with the Administrator of the Federal Aviation
Administration when any action authorized by this section might
affect aviation safety, civilian aviation and aerospace
operations, aircraft airworthiness, or the use of the airspace.
``(c) Forfeiture.--Any unmanned aircraft system or unmanned aircraft
described in subsection (a) that is seized by the Secretary or the
Attorney General is subject to forfeiture to the United States.
``(d) Regulations and Guidance.--
``(1) In general.--The Secretary, the Attorney General, and
the Secretary of Transportation may prescribe regulations and
shall issue guidance in the respective areas of each Secretary
or the Attorney General to carry out this section.
``(2) Coordination.--
``(A) Coordination with department of
transportation.--The Secretary and the Attorney General
shall coordinate the development of their respective
guidance under paragraph (1) with the Secretary of
Transportation.
``(B) Effect on aviation safety.--The Secretary and
the Attorney General shall respectively coordinate with
the Secretary of Transportation and the Administrator of
the Federal Aviation Administration before issuing any
guidance, or otherwise implementing this section, if
such guidance or implementation might affect aviation
safety,
[[Page 132 STAT. 3524]]
civilian aviation and aerospace operations, aircraft
airworthiness, or the use of airspace.
``(e) Privacy Protection.--The regulations or guidance issued to
carry out actions authorized under subsection (b) by each Secretary or
the Attorney General, as the case may be, shall ensure that--
``(1) the interception or acquisition of, or access to, or
maintenance or use of, communications to or from an unmanned
aircraft system under this section is conducted in a manner
consistent with the First and Fourth Amendments to the
Constitution of the United States and applicable provisions of
Federal law;
``(2) communications to or from an unmanned aircraft system
are intercepted or acquired only to the extent necessary to
support an action described in subsection (b)(1);
``(3) records of such communications are maintained only for
as long as necessary, and in no event for more than 180 days,
unless the Secretary of Homeland Security or the Attorney
General determine that maintenance of such records is necessary
to investigate or prosecute a violation of law, directly support
an ongoing security operation, is required under Federal law, or
for the purpose of any litigation;
``(4) such communications are not disclosed outside the
Department of Homeland Security or the Department of Justice
unless the disclosure--
``(A) is necessary to investigate or prosecute a
violation of law;
``(B) would support the Department of Defense, a
Federal law enforcement agency, or the enforcement
activities of a regulatory agency of the Federal
Government in connection with a criminal or civil
investigation of, or any regulatory, statutory, or other
enforcement action relating to an action described in
subsection (b)(1);
``(C) is between the Department of Homeland Security
and the Department of Justice in the course of a
security or protection operation of either agency or a
joint operation of such agencies; or
``(D) is otherwise required by law; and
``(5) to the extent necessary, the Department of Homeland
Security and the Department of Justice are authorized to share
threat information, which shall not include communications
referred to in subsection (b), with State, local, territorial,
or tribal law enforcement agencies in the course of a security
or protection operation.
``(f) Budget.--The Secretary and the Attorney General shall submit
to Congress, as a part of the homeland security or justice budget
materials for each fiscal year after fiscal year 2019, a consolidated
funding display that identifies the funding source for the actions
described in subsection (b)(1) within the Department of Homeland
Security or the Department of Justice. The funding display shall be in
unclassified form, but may contain a classified annex.
``(g) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis during the period
beginning 6 months after the date of enactment of this section
and ending on the date specified in subsection (i), the
Secretary and the Attorney General shall, respectively, provide
a briefing
[[Page 132 STAT. 3525]]
to the appropriate congressional committees on the activities
carried out pursuant to this section.
``(2) Requirement.--Each briefing required under paragraph
(1) shall be conducted jointly with the Secretary of
Transportation.
``(3) Content.--Each briefing required under paragraph (1)
shall include--
``(A) policies, programs, and procedures to mitigate
or eliminate impacts of such activities to the National
Airspace System;
``(B) a description of instances in which actions
described in subsection (b)(1) have been taken,
including all such instances that may have resulted in
harm, damage, or loss to a person or to private
property;
``(C) a description of the guidance, policies, or
procedures established to address privacy, civil rights,
and civil liberties issues implicated by the actions
allowed under this section, as well as any changes or
subsequent efforts that would significantly affect
privacy, civil rights or civil liberties;
``(D) a description of options considered and steps
taken to mitigate any identified impacts to the national
airspace system related to the use of any system or
technology, including the minimization of the use of any
technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions
described in subsection (b)(1);
``(E) a description of instances in which
communications intercepted or acquired during the course
of operations of an unmanned aircraft system were held
for more than 180 days or shared outside of the
Department of Justice or the Department of Homeland
Security;
``(F) how the Secretary, the Attorney General, and
the Secretary of Transportation have informed the public
as to the possible use of authorities under this
section;
``(G) how the Secretary, the Attorney General, and
the Secretary of Transportation have engaged with
Federal, State, and local law enforcement agencies to
implement and use such authorities.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form, but may be
accompanied by an additional classified briefing.
``(5) Notification.--Within 30 days of deploying any new
technology to carry out the actions described in subsection
(b)(1), the Secretary and the Attorney General shall,
respectively, submit a notification to the appropriate
congressional committees. Such notification shall include a
description of options considered to mitigate any identified
impacts to the national airspace system related to the use of
any system or technology, including the minimization of the use
of any technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (b)(1).
``(h) Rule of Construction.--Nothing in this section may be
construed to--
``(1) vest in the Secretary or the Attorney General any
authority of the Secretary of Transportation or the
Administrator of the Federal Aviation Administration;
[[Page 132 STAT. 3526]]
``(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Secretary or the Attorney General;
``(3) vest in the Secretary of Homeland Security any
authority of the Attorney General;
``(4) vest in the Attorney General any authority of the
Secretary of Homeland Security; or
``(5) provide a new basis of liability for any State, local,
territorial, or tribal law enforcement officers who participate
in the protection of a mass gathering identified by the
Secretary or Attorney General under subsection
(k)(3)(C)(iii)(II), act within the scope of their authority, and
do not exercise the authority granted to the Secretary and
Attorney General by this section.
``(i) Termination.--The authority to carry out this section with
respect to a covered facility or asset specified in subsection (k)(3)
shall terminate on the date that is 4 years after the date of enactment
of this section.
``(j) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary or the Attorney General with
additional authorities beyond those described in subsections (a) and
(k)(3)(C)(iii).
``(k) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the
Judiciary of the Senate; and
``(B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure, the
Committee on Energy and Commerce, and the Committee on
the Judiciary of the House of Representatives.
``(2) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(3) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified as high-risk and a potential
target for unlawful unmanned aircraft activity by the
Secretary or the Attorney General, in coordination with
the Secretary of Transportation with respect to
potentially impacted airspace, through a risk-based
assessment for purposes of this section (except that in
the case of the missions described in subparagraph
(C)(i)(II) and (C)(iii)(I), such missions shall be
presumed to be for the protection of a facility or asset
that is assessed to be high-risk and a potential target
for unlawful unmanned aircraft activity);
``(B) is located in the United States (including the
territories and possessions, territorial seas or
navigable waters of the United States); and
``(C) directly relates to one or more--
``(i) missions authorized to be performed by
the Department of Homeland Security, consistent
with governing statutes, regulations, and orders
issued by the Secretary, pertaining to--
[[Page 132 STAT. 3527]]
``(I) security or protection
functions of the U.S. Customs and Border
Protection, including securing or
protecting facilities, aircraft, and
vessels, whether moored or underway;
``(II) United States Secret Service
protection operations pursuant to
sections 3056(a) and 3056A(a) of title
18, United States Code, and the
Presidential Protection Assistance Act
of 1976 (18 U.S.C. 3056 note); or
``(III) protection of facilities
pursuant to section 1315(a) of title 40,
United States Code;
``(ii) missions authorized to be performed by
the Department of Justice, consistent with
governing statutes, regulations, and orders issued
by the Attorney General, pertaining to--
``(I) personal protection operations
by--
``(aa) the Federal Bureau of
Investigation as specified in
section 533 of title 28, United
States Code; and
``(bb) the United States
Marshals Service of Federal
jurists, court officers,
witnesses, and other threatened
persons in the interests of
justice, as specified in section
566(e)(1)(A) of title 28, United
States Code;
``(II) protection of penal,
detention, and correctional facilities
and operations conducted by the Federal
Bureau of Prisons; or
``(III) protection of the buildings
and grounds leased, owned, or operated
by or for the Department of Justice, and
the provision of security for Federal
courts, as specified in section 566(a)
of title 28, United States Code;
``(iii) missions authorized to be performed by
the Department of Homeland Security or the
Department of Justice, acting together or
separately, consistent with governing statutes,
regulations, and orders issued by the Secretary or
the Attorney General, respectively, pertaining
to--
``(I) protection of a National
Special Security Event and Special Event
Assessment Rating event;
``(II) the provision of support to
State, local, territorial, or tribal law
enforcement, upon request of the chief
executive officer of the State or
territory, to ensure protection of
people and property at mass gatherings,
that is limited to a specified timeframe
and location, within available
resources, and without delegating any
authority under this section to State,
local, territorial, or tribal law
enforcement; or
``(III) protection of an active
Federal law enforcement investigation,
emergency response, or security
function, that is limited to a specified
timeframe and location; and
``(iv) missions authorized to be performed by
the United States Coast Guard, including those
described in clause (iii) as directed by the
Secretary, and as further set forth in section 104
of title 14, United
[[Page 132 STAT. 3528]]
States Code, and consistent with governing
statutes, regulations, and orders issued by the
Secretary of the Department in which the Coast
Guard is operating.
``(4) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the meaning
given those terms in section 2510 of title 18, United States
Code.
``(5) The term `homeland security or justice budget
materials', with respect to a fiscal year, means the materials
submitted to Congress by the Secretary and the Attorney General
in support of the budget for that fiscal year.
``(6) For purposes of subsection (a), the term `personnel'
means officers and employees of the Department of Homeland
Security or the Department of Justice.
``(7) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801, of
title 49, United States Code.
``(8) For purposes of this section, the term `risk-based
assessment' includes an evaluation of threat information
specific to a covered facility or asset and, with respect to
potential impacts on the safety and efficiency of the national
airspace system and the needs of law enforcement and national
security at each covered facility or asset identified by the
Secretary or the Attorney General, respectively, of each of the
following factors:
``(A) Potential impacts to safety, efficiency, and
use of the national airspace system, including potential
effects on manned aircraft and unmanned aircraft
systems, aviation safety, airport operations,
infrastructure, and air navigation services related to
the use of any system or technology for carrying out the
actions described in subsection (b)(1).
``(B) Options for mitigating any identified impacts
to the national airspace system related to the use of
any system or technology, including minimizing when
possible the use of any technology which disrupts the
transmission of radio or electronic signals, for
carrying out the actions described in subsection (b)(1).
``(C) Potential consequences of the impacts of any
actions taken under subsection (b)(1) to the national
airspace system and infrastructure if not mitigated.
``(D) The ability to provide reasonable advance
notice to aircraft operators consistent with the safety
of the national airspace system and the needs of law
enforcement and national security.
``(E) The setting and character of any covered
facility or asset, including whether it is located in a
populated area or near other structures, whether the
facility is open to the public, whether the facility is
also used for nongovernmental functions, and any
potential for interference with wireless communications
or for injury or damage to persons or property.
``(F) The setting, character, timeframe, and
national airspace system impacts of National Special
Security Event and Special Event Assessment Rating
events.
[[Page 132 STAT. 3529]]
``(G) Potential consequences to national security,
public safety, or law enforcement if threats posed by
unmanned aircraft systems are not mitigated or defeated.
``(l) Department of Homeland Security Assessment.--
``(1) Report.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall conduct, in
coordination with the Attorney General and the Secretary of
Transportation, an assessment to the appropriate congressional
committees, including--
``(A) an evaluation of the threat from unmanned
aircraft systems to United States critical
infrastructure (as defined in this Act) and to domestic
large hub airports (as defined in section 40102 of title
49, United States Code);
``(B) an evaluation of current Federal and State,
local, territorial, or tribal law enforcement
authorities to counter the threat identified in
subparagraph (A), and recommendations, if any, for
potential changes to existing authorities to allow
State, local, territorial, and tribal law enforcement to
assist Federal law enforcement to counter the threat
where appropriate;
``(C) an evaluation of the knowledge of, efficiency
of, and effectiveness of current procedures and
resources available to owners of critical infrastructure
and domestic large hub airports when they believe a
threat from unmanned aircraft systems is present and
what additional actions, if any, the Department of
Homeland Security or the Department of Transportation
could implement under existing authorities to assist
these entities to counter the threat identified in
subparagraph (A);
``(D) an assessment of what, if any, additional
authorities are needed by each Department and law
enforcement to counter the threat identified in
subparagraph (A); and
``(E) an assessment of what, if any, additional
research and development the Department needs to counter
the threat identified in subparagraph (A).
``(2) Unclassified form.--The report required under
paragraph (1) shall be submitted in unclassified form, but may
contain a classified annex.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
210F the following:
``Sec. 210G. Protection of certain facilities and assets from unmanned
aircraft.''.
SEC. 1603. PROTECTING AGAINST UNMANNED AIRCRAFT.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by inserting after section 103 the following:
``Sec. 104. <<NOTE: 14 USC 104.>> Protecting against unmanned
aircraft
``For the purposes of section 210G(k)(3)(C)(iv) of the Homeland
Security Act of 2002, the missions authorized to be performed by the
United States Coast Guard shall be those related to--
``(1) functions of the U.S. Coast Guard relating to security
or protection of facilities and assets assessed to be high-risk
and a potential target for unlawful unmanned aircraft activity,
including the security and protection of--
[[Page 132 STAT. 3530]]
``(A) a facility, including a facility that is under
the administrative control of the Commandant; and
``(B) a vessel (whether moored or underway) or an
aircraft, including a vessel or aircraft--
``(i) that is operated by the Coast Guard, or
that the Coast Guard is assisting or escorting;
and
``(ii) that is directly involved in a mission
of the Coast Guard pertaining to--
``(I) assisting or escorting a
vessel of the Department of Defense;
``(II) assisting or escorting a
vessel of national security
significance, a high interest vessel, a
high capacity passenger vessel, or a
high value unit, as those terms are
defined by the Secretary;
``(III) section 91(a) of this title;
``(IV) assistance in protecting the
President or the Vice President (or
other officer next in order of
succession to the Office of the
President) pursuant to the Presidential
Protection Assistance Act of 1976 (18
U.S.C. 3056 note);
``(V) protection of a National
Special Security Event and Special Event
Assessment Rating events;
``(VI) air defense of the United
States, including air sovereignty,
ground-based air defense, and the
National Capital Region integrated air
defense system; or
``(VII) a search and rescue
operation; and
``(2) missions directed by the Secretary pursuant to
210G(k)(3)(C)(iii) of the Homeland Security Act of 2002.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, <<NOTE: 14 USC 81 prec.>> is amended by inserting
after the item relating to section 103 the following:
``104. Protecting against unmanned aircraft.''.
DIVISION I <<NOTE: Supplemental Appropriations for Disaster Relief Act,
2018.>> --SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF, 2018
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments,
agencies, corporations, and other organizational units of Government for
fiscal year 2018, and for other purposes, namely:
[[Page 132 STAT. 3531]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$1,680,000,000, to remain available until expended, for necessary
expenses for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to
disaster relief, long-term recovery, restoration of infrastructure and
housing, and economic revitalization in the most impacted and distressed
areas resulting from a major disaster declared in 2018 pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly to
the State or unit of general local government at the discretion of the
Secretary: Provided further, That as a condition of making any grant,
the Secretary shall certify in advance that such grantee has in place
proficient financial controls and procurement processes and has
established adequate procedures to prevent any duplication of benefits
as defined by section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure
of funds, to maintain comprehensive websites regarding all disaster
recovery activities assisted with these funds, and to detect and prevent
waste, fraud, and abuse of funds: Provided further, That prior to the
obligation of funds a grantee shall submit a plan to the Secretary for
approval detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure and housing and economic
revitalization in the most impacted and distressed areas: Provided
further, That such funds may not be used for activities reimbursable by,
or for which funds are made available by, the Federal Emergency
Management Agency or the Army Corps of Engineers: Provided further, That
funds allocated under this heading shall not be considered relevant to
the non-disaster formula allocations made pursuant to section 106 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5306): Provided
further, That a State or subdivision thereof may use up to 5 percent of
its allocation for administrative costs: Provided further, That in
administering the funds under this heading, the Secretary of Housing and
Urban Development may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary or the
use by the recipient of these funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment),
if the Secretary finds that good cause exists for the waiver or
alternative requirement and such waiver or alternative requirement would
not be inconsistent with the overall purpose of title I of the Housing
and Community Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds provided
under this heading that use such funds to supplement Federal assistance
provided under section 402, 403, 404, 406, 407, 408(c)(4), or 502 of the
Robert T. Stafford Disaster Relief and Emergency
[[Page 132 STAT. 3532]]
Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without review or
public comment, any environmental review, approval, or permit performed
by a Federal agency, and such adoption shall satisfy the
responsibilities of the recipient with respect to such environmental
review, approval or permit: Provided further, That, notwithstanding
section 104(g)(2) of the Housing and Community Development Act of 1974
(42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request for
release of funds and certification, immediately approve the release of
funds for an activity or project assisted under this heading if the
recipient has adopted an environmental review, approval or permit under
the preceding proviso or the activity or project is categorically
excluded from review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.): Provided further, That the Secretary shall
publish via notice in the Federal Register any waiver, or alternative
requirement, to any statute or regulation that the Secretary administers
pursuant to title I of the Housing and Community Development Act of 1974
no later than 5 days before the effective date of such waiver or
alternative requirement: Provided further, That of the amounts made
available under this heading, up to $2,500,000 may be transferred, in
aggregate, to ``Department of Housing and Urban Development--Program
Office Salaries and Expenses--Community Planning and Development'' for
necessary costs, including information technology costs, of
administering and overseeing the obligation and expenditure of amounts
under this heading: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided further, That the amount designated under this heading
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available only if the President subsequently so designates such amount
and transmits such designation to the Congress.
SEC. 1701. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
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.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
(c) 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)(7) and (c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects of this
division shall be estimated for purposes of section 251 of such Act.
This division may be cited as the ``Supplemental Appropriations for
Disaster Relief Act, 2018''.
[[Page 132 STAT. 3533]]
DIVISION J <<NOTE: Maritime Security Improvement Act of 2018.>> --
MARITIME SECURITY
SEC. 1801. <<NOTE: 46 USC 101 note.>> SHORT TITLE.
This division may be cited as the ``Maritime Security Improvement
Act of 2018''.
SEC. 1802. <<NOTE: 46 USC 70102 note.>> DEFINITIONS.
In this division:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives; and
(D) the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) TSA.--The term ``TSA'' means the Transportation Security
Administration.
SEC. 1803. <<NOTE: 46 USC 70102 note.>> COORDINATION WITH TSA ON
MARITIME FACILITIES.
The Secretary of Homeland Security shall--
(1) provide the Administrator of the TSA with updates to
vulnerability assessments required under section 70102(b)(3) of
title 46, United States Code, to avoid any duplication of effort
between the Coast Guard and the TSA; and
(2) identify any security gaps between authorities of
operating entities within the Department of Homeland Security
that a threat could exploit to cause a transportation security
incident (as defined in section 70101 of title 46, United States
Code).
SEC. 1804. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN.
Section 201 of the Security and Accountability for Every Port Act of
2006 (6 U.S.C. 941) is amended--
(1) in subsection (a), by striking ``as appropriate'' and
inserting ``triennially''; and
(2) in subsection (g)--
(A) in the heading, by striking ``Report'' and
inserting ``Reports''; and
(B) by amending paragraph (2) to read as follows:
``(2) Updates.--Not later than 270 days after the date of
enactment of the Maritime Security Improvement Act of 2018 and
triennially thereafter, the Secretary shall submit to the
appropriate congressional committees a report that contains any
updates to the strategic plan under subsection (a) since the
prior report.''.
SEC. 1805. CYBERSECURITY INFORMATION SHARING AND COORDINATION IN
PORTS.
(a) <<NOTE: 46 USC 70112 note.>> Maritime Cybersecurity Risk
Assessment Model.--The Secretary of Homeland Security, through the
Commandant of the Coast Guard and the Under Secretary responsible for
overseeing the critical infrastructure protection, cybersecurity, and
other related programs of the Department of Homeland Security, shall--
[[Page 132 STAT. 3534]]
(1) not later than 1 year after the date of enactment of
this Act, coordinate with the National Maritime Security
Advisory Committee, the Area Maritime Security Advisory
Committees, and other maritime stakeholders, as necessary, to
develop and implement a maritime cybersecurity risk assessment
model, consistent with the activities described in section 2(e)
of the National Institute of Standards and Technology Act (15
U.S.C. 272(e)), to evaluate current and future cybersecurity
risks that have the potential to affect the marine
transportation system or that would cause a transportation
security incident (as defined in section 70101 of title 46,
United States Code) in ports; and
(2) not less than biennially thereafter, evaluate the
effectiveness of the cybersecurity risk assessment model
established under paragraph (1).
(b) Port Security; Definitions.--Section 70101 of title 46, United
States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) The term `cybersecurity risk' has the meaning given
the term in section 227 of the Homeland Security Act of 2002 (6
U.S.C. 148).''.
(c) National Maritime Security Advisory Committee.--
(1) Functions.--Section 70112(a)(1)(A) of title 46, United
States Code, is amended by inserting before the semicolon the
following: ``, including on enhancing the sharing of information
related to cybersecurity risks that may cause a transportation
security incident, between relevant Federal agencies and--
``(i) State, local, and tribal governments;
``(ii) relevant public safety and emergency
response agencies;
``(iii) relevant law enforcement and security
organizations;
``(iv) maritime industry;
``(v) port owners and operators; and
``(vi) terminal owners and operators;''.
(2) <<NOTE: 46 USC 70112 note.>> Information sharing.--The
Commandant of the Coast Guard and the Under Secretary
responsible for overseeing the critical infrastructure
protection, cybersecurity, and other related programs of the
Department of Homeland Security shall--
(A) ensure there is a process for each Area Maritime
Security Advisory Committee established under section
70112 of title 46, United States Code--
(i) to facilitate the sharing of information
related to cybersecurity risks that may cause
transportation security incidents;
(ii) to timely report transportation security
incidents to the national level; and
(iii) to disseminate such reports across the
entire maritime transportation system via the
National Cybersecurity and Communications
Integration Center; and
[[Page 132 STAT. 3535]]
(B) issue voluntary guidance for the management of
such cybersecurity risks in each Area Maritime
Transportation Security Plan and facility security plan
required under section 70103 of title 46, United States
Code, approved after the date that the cybersecurity
risk assessment model is developed under subsection (a)
of this section.
(d) Vulnerability Assessments and Security Plans.--
(1) Facility and vessel assessments.--Section 70102(b)(1) of
title 46, United States Code, is amended--
(A) in the matter preceding subparagraph (A), by
striking ``and by not later than December 31, 2004'';
and
(B) in subparagraph (C), by inserting ``security
against cybersecurity risks,'' after ``physical
security,''.
(2) Maritime transportation security plans.--Section 70103
of title 46, United States Code, is amended--
(A) in subsection (a)(1), by striking ``Not later
than April 1, 2005, the'' and inserting ``The'';
(B) in subsection (a)(2), by adding at the end the
following:
``(K) A plan to detect, respond to, and recover from
cybersecurity risks that may cause transportation
security incidents.'';
(C) in subsection (b)(2)--
(i) in subparagraph (G)(ii), by striking ``;
and'' and inserting a semicolon;
(ii) by redesignating subparagraph (H) as
subparagraph (I); and
(iii) by inserting after subparagraph (G) the
following:
``(H) include a plan for detecting, responding to,
and recovering from cybersecurity risks that may cause
transportation security incidents; and''; and
(D) in subsection (c)(3)(C)--
(i) in clause (iv), by striking ``; and'' and
inserting a semicolon;
(ii) by redesignating clause (v) as clause
(vi); and
(iii) by inserting after clause (iv) the
following:
``(v) detecting, responding to, and recovering
from cybersecurity risks that may cause
transportation security incidents; and''.
(3) <<NOTE: 46 USC 70102 note.>> Applicability.--The
amendments made by this subsection shall apply to assessments or
security plans, or updates to such assessments or plans,
submitted after the date that the cybersecurity risk assessment
model is developed under subsection (a).
(e) Brief to Congress.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard and the Under
Secretary responsible for overseeing the critical infrastructure
protection, cybersecurity, and other related programs of the Department
of Homeland Security shall provide to the appropriate committees of
Congress a briefing on how the Coast Guard will assist in security and
response in the port environment when a cyber-caused transportation
security incident occurs, to include the use of cyber protection teams.
[[Page 132 STAT. 3536]]
SEC. 1806. FACILITY INSPECTION INTERVALS.
Section 70103(c)(4)(D) of title 46, United States Code, is amended
to read as follows:
``(D) subject to the availability of appropriations,
periodically, but not less than one time per year,
conduct a risk-based, no notice facility inspection to
verify the effectiveness of each such facility security
plan.''.
SEC. 1807. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.
(a) In General.--Subtitle C of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 435. <<NOTE: 6 USC 243.>> MARITIME OPERATIONS COORDINATION
PLAN.
``(a) In General.--Not later than 180 days after the date of
enactment of the Maritime Security Improvement Act of 2018, and
biennially thereafter, the Secretary shall--
``(1) update the Maritime Operations Coordination Plan,
published by the Department on July 7, 2011, to strengthen
coordination, planning, information sharing, and intelligence
integration for maritime operations of components and offices of
the Department with responsibility for maritime security
missions; and
``(2) submit each update to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure and the Committee
on Homeland Security of the House of Representatives.
``(b) Contents.--Each update shall address the following:
``(1) Coordinating the planning, integration of maritime
operations, and development of joint maritime domain awareness
efforts of any component or office of the Department with
responsibility for maritime security missions.
``(2) Maintaining effective information sharing and, as
appropriate, intelligence integration, with Federal, State, and
local officials and the private sector, regarding threats to
maritime security.
``(3) Cooperating and coordinating with Federal departments
and agencies, and State and local agencies, in the maritime
environment, in support of maritime security missions.
``(4) Highlighting the work completed within the context of
other national and Department maritime security strategic
guidance and how that work fits with the Maritime Operations
Coordination Plan.''.
(b) Table of Contents.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2136) is
amended by adding after the item relating to section 434 the following:
``435. Maritime operations coordination plan.''.
SEC. 1808. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED
FORCES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Transportation and
[[Page 132 STAT. 3537]]
Infrastructure and the Committee on Homeland Security of the House of
Representatives a report on the state of the Coast Guard's Deployable
Specialized Forces (referred to in this section as DSF).
(b) Contents.--The report shall include, at a minimum, the
following:
(1) For each of the past 3 fiscal years, and for each type
of DSF, the following:
(A) A cost analysis, including training, operating,
and travel costs.
(B) The number of personnel assigned.
(C) The total number of units.
(D) The total number of operations conducted.
(E) The number of operations requested by each of
the following:
(i) Coast Guard.
(ii) Other components or offices of the
Department of Homeland Security.
(iii) Other Federal departments or agencies.
(iv) State agencies.
(v) Local agencies.
(F) The number of operations fulfilled in support of
each entity described in clauses (i) through (v) of
subparagraph (E).
(2) An examination of alternative distributions of
deployable specialized forces, including the feasibility, cost
(including cost savings), and impact on mission capability of
such distributions, including at a minimum the following:
(A) Combining deployable specialized forces,
primarily focused on counterdrug operations, under one
centralized command.
(B) Distributing counter-terrorism and anti-
terrorism capabilities to deployable specialized forces
in each major United States port.
(c) Definition of Deployable Specialized Forces or DSF.--In this
section, the term ``deployable specialized forces'' or ``DSF'' means the
deployable specialized forces established under section 70106 of title
46, United States Code.
SEC. 1809. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT
SECURITY AND SECURE SYSTEMS OF
TRANSPORTATION.
(a) Interagency Operational Centers for Port Security.--
(1) Repeal.--Section 70107A of title 46, United States Code,
is repealed.
(2) <<NOTE: 46 USC 70107A note.>> Savings clause.--A repeal
made by this subsection shall not affect an interagency
operational center established before the date of enactment of
this Act.
(3) <<NOTE: 46 USC 70107A note.>> Notice to congress.--The
Secretary of Homeland Security shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives at least 1 year before ceasing operations of any
interagency operational center established before the date of
enactment of the Security and Accountability for Every Port Act
of 2006 (Public Law 109-347; 120 Stat. 1884).
[[Page 132 STAT. 3538]]
(b) Secure Systems of Transportation.--Section 70116 of title 46,
United States Code, is repealed.
(c) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
701 of title 46, United States Code, <<NOTE: 46 USC 70101
prec.>> is amended by striking the items relating to sections
70107A and 70116.
(2) Report requirement.--Section 108 of the Security and
Accountability for Every Port Act of 2006 (Public Law 109-347;
120 Stat. 1893) is amended by striking subsection (b) (46 U.S.C.
70107A note) and inserting the following:
``(b) [Reserved].''.
SEC. 1810. DUPLICATION OF EFFORTS IN THE MARITIME DOMAIN.
(a) GAO Analysis.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct an analysis of all operations in the applicable
location of--
(A) the Air and Marine Operations of the U.S.
Customs and Border Protection; and
(B) any other agency of the Department of Homeland
Security that operates air and marine assets;
(2) in conducting the analysis under paragraph (1)--
(A) examine the extent to which the Air and Marine
Operations is synchronizing and deconflicting any
duplicative flight hours or patrols with the agencies
described in paragraph (1)(B); and
(B) include a sector-by-sector analysis of any
potential costs savings or other benefits that would be
derived through greater coordination of flight hours and
patrols; and
(3) submit to the Secretary of Homeland Security and the
appropriate committees of Congress a report on the analysis,
including any recommendations.
(b) DHS Report.--Not later than 180 days after the date the report
is submitted under subsection (a)(3), the Secretary of Homeland Security
shall submit to the appropriate committees of Congress a report on what
actions the Secretary plans to take in response to the findings of the
analysis and recommendations of the Comptroller General.
(c) Definition of Applicable Location.--In this section, the term
``applicable location'' means any location in which the Air and Marine
Operations of the U.S. Customs and Border Protection is based within 45
miles of a location in which any other agency of the Department of
Homeland Security also operates air and marine assets.
SEC. 1811. MARITIME SECURITY CAPABILITIES ASSESSMENTS.
(a) In General.--Subtitle C of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 231 et seq.), as amended by section 1807 of this Act,
is further amended by adding at the end the following:
``SEC. 436. <<NOTE: 6 USC 244.>> MARITIME SECURITY CAPABILITIES
ASSESSMENTS.
``Not later than 180 days after the date of enactment of the
Maritime Security Improvement Act of 2018, and annually thereafter, the
Secretary shall submit to the Committee on Commerce,
[[Page 132 STAT. 3539]]
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of the House
of Representatives, an assessment of the number and type of maritime
assets and the number of personnel required to increase the Department's
maritime response rate pursuant to section 1092 of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).''.
(b) Table of Contents.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2136), as
amended by section 1807 of this Act, is further amended by adding after
the item relating to section 435 the following:
``436. Maritime security capabilities assessments.''.
SEC. 1812. CONTAINER SECURITY INITIATIVE.
Section 205(l) of the Security and Accountability for Every Port Act
of 2006 (6 U.S.C. 945) is amended--
(1) by striking paragraph (2); and
(2) in paragraph (1)--
(A) by striking ``(1) In general.--Not later than
September 30, 2007,'' and inserting ``Not later than 270
days after the date of enactment of the Maritime
Security Improvement Act of 2018,''; and
(B) by redesignating subparagraphs (A) through (H)
as paragraphs (1) through (8), respectively.
SEC. 1813. MARITIME BORDER SECURITY REVIEW.
(a) Definitions.--In this section:
(1) Maritime border.--The term ``maritime border'' means--
(A) the transit zone; and
(B) the borders and territorial waters of Puerto
Rico and the United States Virgin Islands.
(2) Transit zone.--The term ``transit zone'' has the meaning
given the term in section 1092(a) of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
(b) Maritime Border Threat Analysis.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate committees of Congress a maritime
border threat analysis that includes an identification and
description of the following:
(A) Current and potential threats posed by the
individuals and groups seeking to--
(i) enter the United States through the
maritime border; or
(ii) exploit border vulnerabilities on the
maritime border.
(B) Improvements needed at United States sea ports--
(i) to prevent terrorists and instruments of
terror from entering the United States; and
(ii) to reduce criminal activity, as measured
by the total flow of illegal goods and illicit
drugs, related to the maritime border.
[[Page 132 STAT. 3540]]
(C) Improvements needed with respect to the maritime
border--
(i) to prevent terrorists and instruments of
terror from entering the United States; and
(ii) reduce criminal activity related to the
maritime border.
(D) Vulnerabilities in law, policy, cooperation
between State, territorial, and local law enforcement,
or international agreements that hinder effective and
efficient border security, counterterrorism, anti-human
trafficking efforts, and the flow of legitimate trade
with respect to the maritime border.
(E) Metrics and performance parameters used by the
Department of Homeland Security to evaluate maritime
security effectiveness, as appropriate.
(2) Analysis requirements.--In preparing the threat analysis
under subsection (a), the Secretary of Homeland Security shall
consider the following:
(A) Technology needs and challenges.
(B) Personnel needs and challenges.
(C) The role of State, territorial, and local law
enforcement in maritime border security activities.
(D) The need for cooperation among Federal, State,
territorial, local, and appropriate international law
enforcement entities relating to maritime border
security.
(E) The geographic challenges of the maritime
border.
(F) The impact of Hurricanes Harvey, Irma, Maria,
and Nate on general border security activities with
respect to the maritime border.
(3) Classified threat analysis.--
(A) In general.--To the extent possible, the
Secretary of Homeland Security shall submit the threat
analysis under subsection (a) in unclassified form.
(B) Classified.--The Secretary may submit a portion
of the threat analysis in classified form if the
Secretary determines that such form is appropriate for
such portion.
SEC. 1814. <<NOTE: 46 USC 70101 note.>> MARITIME BORDER SECURITY
COOPERATION.
The Secretary of the department in which the Coast Guard is
operating shall, in accordance with law--
(1) partner with other Federal, State, and local government
agencies to leverage existing technology, including existing
sensor and camera systems and other sensors, in place along the
maritime border to facilitate monitoring of high-risk maritime
borders, as determined by the Secretary; and
(2) subject to the availability of appropriations, enter
into such agreements as the Secretary considers necessary to
ensure the monitoring described in paragraph (1).
SEC. 1815. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL APPEALS
PROCESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall transmit to the appropriate
committees of Congress a report on the following:
(1) The average completion time of an appeal under the
appeals process established under section 70105(c)(4) of title
46, United States Code.
[[Page 132 STAT. 3541]]
(2) The most common reasons for any delays at each step in
such process.
(3) Recommendations on how to resolve any such delays as
expeditiously as possible.
SEC. 1816. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Study to Identify Redundant Background Records Checks.--Section
105 of the Security and Accountability for Every Port Act of 2006
(Public Law 109-347; 120 Stat. 1891) and the item relating to that
section in the table of contents for that Act are repealed.
(b) Domestic Radiation Detection and Imaging.--Section 121 of the
Security and Accountability for Every Port Act of 2006 (6 U.S.C. 921) is
amended--
(1) by striking subsections (c), (d), and (e);
(2) by redesignating subsections (f), (g), (h), and (i) as
subsections (c), (d), (e), and (f), respectively; and
(3) in subsection (e)(1)(B), as redesignated, by striking
``(and updating, if any, of that strategy under subsection
(c))''.
(c) Inspection of Car Ferries Entering From Abroad.--Section 122 of
the Security and Accountability for Every Port Act of 2006 (6 U.S.C.
922) and the item relating to that section in the table of contents for
that Act are repealed.
(d) Report on Arrival and Departure Manifest for Certain Commercial
Vessels in the United States Virgin Islands.--Section 127 of the
Security and Accountability for Every Port Act of 2006 (120 Stat. 1900)
and the item relating to that section in the table of contents for that
Act are repealed.
(e) International Cooperation and Coordination.--
(1) In general.--Section 233 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 983) is
amended to read as follows:
``SEC. 233. INSPECTION TECHNOLOGY AND TRAINING.
``(a) In General.--The Secretary, in coordination with the Secretary
of State, the Secretary of Energy, and appropriate representatives of
other Federal agencies, may provide technical assistance, equipment, and
training to facilitate the implementation of supply chain security
measures at ports designated under the Container Security Initiative.
``(b) Acquisition and Training.--Unless otherwise prohibited by law,
the Secretary may--
``(1) lease, loan, provide, or otherwise assist in the
deployment of nonintrusive inspection and radiation detection
equipment at foreign land and sea ports under such terms and
conditions as the Secretary prescribes, including
nonreimbursable loans or the transfer of ownership of equipment;
and
``(2) provide training and technical assistance for domestic
or foreign personnel responsible for operating or maintaining
such equipment.''.
(2) Table of contents.--The table of contents in section
1(b) of the Security and Accountability for Every Port Act of
2006 (Public Law 109-347; 120 Stat. 1884) is amended by amending
the item relating to section 233 to read as follows:
``Sec. 233. Inspection technology and training.''.
(f) Pilot Program to Improve the Security of Empty Containers.--
Section 235 of the Security and Accountability for Every
[[Page 132 STAT. 3542]]
Port Act of 2006 (6 U.S.C. 984) and the item relating to that section in
the table of contents for that Act are repealed.
(g) Security Plan for Essential Air Service and Small Community
Airports.--Section 701 of the Security and Accountability for Every Port
Act of 2006 (Public Law 109-347; 120 Stat. 1943) and the item relating
to that section in the table of contents for that Act are repealed.
(h) Aircraft Charter Customer and Lessee Prescreening Program.--
Section 708 of the Security and Accountability for Every Port Act of
2006 (Public Law 109-347; 120 Stat. 1947) and the item relating to that
section in the table of contents for that Act are repealed.
DIVISION K--TRANSPORTATION SECURITY
TITLE I <<NOTE: TSA Modernization Act.>> --TRANSPORTATION SECURITY
SEC. 1901. SHORT TITLE; REFERENCES.
(a) <<NOTE: 49 USC 101 note.>> Short Title.--This title may be
cited as the ``TSA Modernization Act''.
(b) References to Title 49, United States Code.--Except as otherwise
expressly provided, wherever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 1902. <<NOTE: 49 USC 101 note.>> DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the TSA.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(3) ASAC.--The term ``ASAC'' means the Aviation Security
Advisory Committee established under section 44946 of title 49,
United States Code.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Explosive detection canine team.--The term ``explosives
detection canine team'' means a canine and a canine handler that
are trained to detect explosives and other threats as defined by
the Secretary.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) TSA.--The term ``TSA'' means the Transportation Security
Administration.
[[Page 132 STAT. 3543]]
Subtitle A--Organization and Authorizations
SEC. 1903. AUTHORIZATION OF APPROPRIATIONS.
Section 114(w) <<NOTE: 49 USC 114.>> is amended to read as follows:
``(w) Authorization of Appropriations.--There are authorized to be
appropriated to the Transportation Security Administration for salaries,
operations, and maintenance of the Administration--
``(1) $7,849,247,000 for fiscal year 2019;
``(2) $7,888,494,000 for fiscal year 2020; and
``(3) $7,917,936,000 for fiscal year 2021.''.
SEC. 1904. ADMINISTRATOR OF THE TRANSPORTATION SECURITY
ADMINISTRATION; 5-YEAR TERM.
(a) In General.--Section 114, as amended by section 1903 of this
Act, is further amended--
(1) in subsection (a), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(2) by amending subsection (b) to read as follows:
``(b) Leadership.--
``(1) Head of transportation security administration.--
``(A) Appointment.--The head of the Administration
shall be the Administrator of the Transportation
Security Administration (referred to in this section as
the `Administrator'). The Administrator shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(B) Qualifications.--The Administrator must--
``(i) be a citizen of the United States; and
``(ii) have experience in a field directly
related to transportation or security.
``(C) Term.--Effective with respect to any
individual appointment by the President, by and with the
advice and consent of the Senate, after the date of
enactment of the TSA Modernization Act, the term of
office of an individual appointed as the Administrator
shall be 5 years. The term of office of an individual
serving as the Administrator on the date of enactment of
the TSA Modernization Act shall be 5 years beginning on
the date that the Administrator began serving.
``(2) Deputy administrator.--
``(A) Appointment.--There is established in the
Transportation Security Administration a Deputy
Administrator, who shall assist the Administrator in the
management of the Transportation Security
Administration. The Deputy Administrator shall be
appointed by the President.
``(B) Vacancy.--The Deputy Administrator shall be
Acting Administrator during the absence or incapacity of
the Administrator or during a vacancy in the office of
Administrator.
``(C) Qualifications.--The Deputy Administrator
must--
``(i) be a citizen of the United States; and
``(ii) have experience in a field directly
related to transportation or security.
``(3) Chief counsel.--
[[Page 132 STAT. 3544]]
``(A) Appointment.--There is established in the
Transportation Security Administration a Chief Counsel,
who shall advise the Administrator and other senior
officials on all legal matters relating to the
responsibilities, functions, and management of the
Transportation Security Administration.
``(B) Qualifications.--The Chief Counsel must be a
citizen of the United States.''; and
(3) in subsections (c) through (n), (p), (q), and (r), by
striking ``Under Secretary'' each place it appears and inserting
``Administrator''.
(b) Technical and Conforming Amendments.--
(1) In general.--Section 114, as amended by subsection (a)
of this section, is further amended--
(A) in subsection (g)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``Subject
to the direction and control of the
Secretary'' and inserting ``Subject to
the direction and control of the
Secretary of Homeland Security''; and
(II) in subparagraph (D), by
inserting ``of Homeland Security'' after
``Secretary''; and
(ii) in paragraph (3), by inserting ``of
Homeland Security'' after ``Secretary'';
(B) in subsection (j)(1)(D), by inserting ``of
Homeland Security'' after ``Secretary'';
(C) in subsection (k), by striking ``functions
transferred, on or after the date of enactment of the
Aviation and Transportation Security Act,'' and
inserting ``functions assigned'';
(D) in subsection (l)(4)(B), by striking
``Administrator under subparagraph (A)'' and inserting
``Administrator of the Federal Aviation Administration
under subparagraph (A)'';
(E) in subsection (n), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(F) in subsection (o), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(G) in subsection (p)(4), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security'';
(H) in subsection (s)--
(i) in paragraph (3)(B), by inserting ``)''
after ``Act of 2007''; and
(ii) in paragraph (4)--
(I) in the heading, by striking
``Submissions of plans to congress'' and
inserting ``Submission of plans'';
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs
(B) through (E) as subparagraphs (A)
through (D), respectively;
(IV) in subparagraph (A), as
redesignated--
[[Page 132 STAT. 3545]]
(aa) in the heading, by
striking ``Subsequent versions''
and inserting ``In general'';
and
(bb) by striking ``After
December 31, 2015, the'' and
inserting ``The''; and
(V) in subparagraph
(B)(ii)(III)(cc), as redesignated, by
striking ``for the Department'' and
inserting ``for the Department of
Homeland Security'';
(I) by redesignating subsections (u), (v), and (w)
as subsections (t), (u), and (v), respectively;
(J) in subsection (t), as redesignated--
(i) in paragraph (1)--
(I) by striking subparagraph (D);
and
(II) by redesignating subparagraph
(E) as subparagraph (D);
(ii) in paragraph (2), by inserting ``of
Homeland Security'' after ``Plan, the Secretary'';
(iii) in paragraph (4)(B)--
(I) by inserting ``of Homeland
Security'' after ``agency within the
Department''; and
(II) by inserting ``of Homeland
Security'' after ``Secretary'';
(iv) by amending paragraph (6) to read as
follows:
``(6) Annual report on plan.--The Secretary of Homeland
Security shall annually submit to the appropriate congressional
committees a report containing the Plan.''; and
(v) in paragraphs (7) and (8), by inserting
``of Homeland Security'' after ``Secretary''; and
(K) in subsection (u), as redesignated--
(i) in paragraph (1)--
(I) in subparagraph (B), by
inserting ``or the Administrator'' after
``Secretary of Homeland Security''; and
(II) in subparagraph (C)(ii), by
striking ``Secretary's designee'' and
inserting ``Secretary of Defense's
designee'';
(III) in subparagraphs (B), (C),
(D), and (E) of paragraph (3), by
inserting ``of Homeland Security'' after
``Secretary'' each place it appears;
(ii) in paragraph (4)(A), by inserting ``of
Homeland Security'' after ``Secretary'';
(iii) in paragraph (5), by inserting ``of
Homeland Security'' after ``Secretary''; and
(iv) in paragraph (7)--
(I) in subparagraph (A), by striking
``Not later than December 31, 2008, and
annually thereafter, the Secretary'' and
inserting ``The Secretary of Homeland
Security''; and
(II) by striking subparagraph (D).
(2) Congressional oversight of security assurance for public
and private stakeholders.--Section 1203(b)(1)(B) of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(49 U.S.C. 114 note) is amended by striking ``, under section
114(u)(7) of title 49, United States Code, as added by this
section, or otherwise,''.
(c) Executive Schedule.--
[[Page 132 STAT. 3546]]
(1) Administrator of the tsa.--
(A) Positions at level ii.--Section 5313 of title 5,
United States Code, is amended by inserting after the
item relating to the Under Secretary of Homeland
Security for Management the following:
``Administrator of the Transportation Security Administration.''.
(B) Bonus eligibility.--Section 101(c)(2) of the
Aviation and Transportation Security Act (5 U.S.C. 5313
note) is amended--
(i) by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation
Security Administration'';
(ii) by striking ``on the Secretary's'' and
inserting ``on the Secretary of Homeland
Security's''; and
(iii) by striking ``Under Secretary's'' and
inserting ``Administrator's''.
(2) Deputy administrator of the tsa.--Section 5314 of title
5, United States Code, is amended by inserting after the item
relating to Deputy Administrators, Federal Emergency Management
Agency the following:
``Deputy Administrator, Transportation Security Administration.''.
(3) <<NOTE: 53 USC 5314 note.>> Nonapplicability.--The
amendment made by paragraph (2) of this subsection shall not
affect the salary of an individual who is performing the duties
of the Deputy Administrator on the date of enactment of this
Act, even if that individual is subsequently appointed as Deputy
Administrator.
SEC. 1905. TRANSPORTATION SECURITY ADMINISTRATION ORGANIZATION.
Section 114, as amended by sections 1903 and 1904 of this Act, is
further amended by adding at the end the following:
``(w) Leadership and Organization.--
``(1) In general.--For each of the areas described in
paragraph (2), the Administrator of the Transportation Security
Administration shall appoint at least 1 individual who shall--
``(A) report directly to the Administrator or the
Administrator's designated direct report; and
``(B) be responsible and accountable for that area.
``(2) Areas described.--The areas described in this
paragraph are as follows:
``(A) Aviation security operations and training,
including risk-based, adaptive security--
``(i) focused on airport checkpoint and
baggage screening operations;
``(ii) workforce training and development
programs; and
``(iii) ensuring compliance with aviation
security law, including regulations, and other
specialized programs designed to secure air
transportation.
``(B) Surface transportation security operations and
training, including risk-based, adaptive security--
``(i) focused on accomplishing security
systems assessments;
``(ii) reviewing and prioritizing projects for
appropriated surface transportation security
grants;
[[Page 132 STAT. 3547]]
``(iii) operator compliance with surface
transportation security law, including
regulations, and voluntary industry standards; and
``(iv) workforce training and development
programs, and other specialized programs designed
to secure surface transportation.
``(C) Transportation industry engagement and
planning, including the development, interpretation,
promotion, and oversight of a unified effort regarding
risk-based, risk-reducing security policies and plans
(including strategic planning for future contingencies
and security challenges) between government and
transportation stakeholders, including airports,
domestic and international airlines, general aviation,
air cargo, mass transit and passenger rail, freight
rail, pipeline, highway and motor carriers, and
maritime.
``(D) International strategy and operations,
including agency efforts to work with international
partners to secure the global transportation network.
``(E) Trusted and registered traveler programs,
including the management and marketing of the agency's
trusted traveler initiatives, including the PreCheck
Program, and coordination with trusted traveler programs
of other Department of Homeland Security agencies and
the private sector.
``(F) Technology acquisition and deployment,
including the oversight, development, testing,
evaluation, acquisition, deployment, and maintenance of
security technology and other acquisition programs.
``(G) Inspection and compliance, including the
integrity, efficiency and effectiveness of the agency's
workforce, operations, and programs through objective
audits, covert testing, inspections, criminal
investigations, and regulatory compliance.
``(H) Civil rights, liberties, and traveler
engagement, including ensuring that agency employees and
the traveling public are treated in a fair and lawful
manner consistent with Federal laws and regulations
protecting privacy and prohibiting discrimination and
reprisal.
``(I) Legislative and public affairs, including
communication and engagement with internal and external
audiences in a timely, accurate, and transparent manner,
and development and implementation of strategies within
the agency to achieve congressional approval or
authorization of agency programs and policies.
``(3) Notification.--The Administrator shall submit to the
appropriate committees of Congress--
``(A) not later than 180 days after the date of
enactment of the TSA Modernization Act, a list of the
names of the individuals appointed under paragraph (1);
and
``(B) an update of the list not later than 5 days
after any new individual is appointed under paragraph
(1).''.
SEC. 1906. TRANSPORTATION SECURITY ADMINISTRATION EFFICIENCY.
(a) Efficiency Review.--
[[Page 132 STAT. 3548]]
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall complete a
comprehensive, agency-wide efficiency review of the TSA to
identify and effectuate spending reductions and administrative
savings that can be achieved by the streamlining or
restructuring of TSA divisions.
(2) Requirements.--In carrying out the review under
paragraph (1), the Administrator shall consider the following:
(A) Eliminating unnecessarily duplicative or
overlapping programs and initiatives.
(B) Eliminating unnecessary or obsolete rules,
regulations, directives, or procedures.
(C) Reducing overall operating expenses of the TSA,
including costs associated with the number of personnel,
as a direct result of efficiencies gained through the
implementation of risk-based screening or through any
other means as determined appropriate by the
Administrator in accordance with this section.
(D) Reducing, by 20 percent, the number of positions
at the Senior Executive Service level at the TSA as
calculated on the date of enactment of this Act.
(E) Such other matters the Administrator considers
appropriate.
(b) Report to Congress.--Not later than 30 days after the date the
efficiency review under subsection (a) is complete, the Administrator
shall submit to the appropriate committees of Congress a report on the
findings, including a description of any cost savings expected to be
achieved by the streamlining or restructuring of TSA divisions.
SEC. 1907. PERSONNEL MANAGEMENT SYSTEM REVIEW.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall convene a working group consisting
of representatives of the TSA and representatives of the labor
organization representing security screening personnel to recommend
reforms to the TSA's personnel management system, including appeals to
the Merit Systems Protection Board and grievance procedures.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the working group convened under subsection (a) shall submit
to the Administrator and the appropriate committees of Congress a report
containing proposed, mutually agreed-upon recommendations to reform the
TSA's personnel management system.
(c) Implementation.--To the extent authorized under law, the
Administrator may implement 1 or more of the recommendations submitted
under subsection (b).
(d) Termination.--The working group shall terminate on the date that
the report is submitted under subsection (b).
SEC. 1908. TSA LEAP PAY REFORM.
(a) Definition of Basic Pay.--Clause (ii) of section 8331(3)(E) of
title 5, United States Code, is amended to read as follows:
``(ii) received after September 11, 2001, by a
Federal air marshal or criminal investigator (as
defined in section 5545a(a)(2)) of the
Transportation Security Administration, subject to
all restrictions and earning limitations imposed
on criminal investigators receiving
[[Page 132 STAT. 3549]]
such pay under section 5545a, including the
premium pay limitations under section 5547;''.
(b) <<NOTE: 5 USC 8331 note.>> Effective Date; Applicability.--
(1) In general.--Subject to paragraph (2), this section, and
the amendments made by this section, shall take effect on the
first day of the first pay period commencing on or after the
date of enactment of this section.
(2) Retroactive application.--
(A) In general.--Any availability pay received for
any pay period commencing before the date of enactment
of this Act by a Federal air marshal or criminal
investigator employed by the Transportation Security
Administration shall be deemed basic pay under section
8331(3) of title 5, United States Code, if the
Transportation Security Administration treated such pay
as retirement-creditable basic pay, but the Office of
Personnel Management, based on an interpretation of
section 8331(3) of title 5, United States Code, did not
accept such pay as retirement-creditable basic pay.
(B) Implementation.--Not later than 3 months after
the date of enactment of this Act, the Director of the
Office of Personnel Management shall commence taking
such actions as are necessary to implement the
amendments made by this section with respect to
availability pay deemed to be basic pay under
subparagraph (A).
SEC. 1909. RANK AWARDS PROGRAM FOR TRANSPORTATION SECURITY
ADMINISTRATION EXECUTIVES AND SENIOR
PROFESSIONALS.
Section 114(n), as amended by section 1904 of this Act, is further
amended--
(1) by inserting ``(1) In general.--'' before ``The
personnel management system'' and indenting appropriately; and
(2) by adding at the end the following:
``(2) Meritorious executive or distinguished executive rank
awards.--Notwithstanding section 40122(g)(2) of this title, the
applicable sections of title 5 shall apply to the Transportation
Security Administration personnel management system, except
that--
``(A) for purposes of applying such provisions to
the personnel management system--
``(i) the term `agency' means the Department
of Homeland Security;
``(ii) the term `senior executive' means a
Transportation Security Administration executive
serving on a Transportation Security Executive
Service appointment;
``(iii) the term `career appointee' means a
Transportation Security Administration executive
serving on a career Transportation Security
Executive Service appointment; and
``(iv) The term `senior career employee' means
a Transportation Security Administration employee
covered by the Transportation Security
Administration Core Compensation System at the L
or M pay band;
[[Page 132 STAT. 3550]]
``(B) receipt by a career appointee or a senior
career employee of the rank of Meritorious Executive or
Meritorious Senior Professional entitles the individual
to a lump-sum payment of an amount equal to 20 percent
of annual basic pay, which shall be in addition to the
basic pay paid under the applicable Transportation
Security Administration pay system; and
``(C) receipt by a career appointee or a senior
career employee of the rank of Distinguished Executive
or Distinguished Senior Professional entitles the
individual to a lump-sum payment of an amount equal to
35 percent of annual basic pay, which shall be in
addition to the basic pay paid under the applicable
Transportation Security Administration pay system.
``(3) Definition of applicable sections of title 5.--In this
subsection, the term `applicable sections of title 5' means--
``(A) subsections (b), (c) and (d) of section 4507
of title 5; and
``(B) subsections (b) and (c) of section 4507a of
title 5.''.
SEC. 1910. <<NOTE: 49 USC 114 note.>> TRANSMITTALS TO CONGRESS.
With regard to each report, legislative proposal, or other
communication of the Executive Branch related to the TSA and required to
be submitted to Congress or the appropriate committees of Congress, the
Administrator shall transmit such communication directly to the
appropriate committees of Congress.
Subtitle B--Security Technology
SEC. 1911. <<NOTE: 49 USC 114 note.>> THIRD PARTY TESTING AND
VERIFICATION OF SCREENING TECHNOLOGY.
(a) In General.--In carrying out the responsibilities under section
114(f)(9), the Administrator shall develop and implement, not later than
1 year after the date of enactment of this Act, a program to enable a
vendor of related security screening technology to obtain testing and
verification, including as an alternative to the TSA's test and
evaluation process, by an appropriate third party, of such technology
before procurement or deployment.
(b) Detection Testing.--
(1) In general.--The third party testing and verification
program authorized under subsection (a) shall include detection
testing to evaluate the performance of the security screening
technology system regarding the probability of detection, the
probability of false alarm, and such other indicators that the
system is able to meet the TSA's mission needs.
(2) Results.--The results of the third party detection
testing under paragraph (1) shall be considered final if the
results are approved by the Administration in accordance with
approval standards developed by the Administrator.
(3) Coordination with final testing.--To the extent
practicable, but without compromising the integrity of the TSA
test and evaluation process, the Administrator shall coordinate
the third party detection testing under paragraph (1) with any
subsequent, final Federal Government testing.
[[Page 132 STAT. 3551]]
(4) International standards.--To the extent practicable and
permissible under law and considering the national security
interests of the United States, the Administrator shall--
(A) share detection testing information and
standards with appropriate international partners; and
(B) coordinate with the appropriate international
partners to align TSA testing and evaluation with
relevant international standards to maximize the
capability to detect explosives and other threats.
(c) Operational Testing.--
(1) In general.--Subject to paragraph (2), the third party
testing and verification program authorized under subsection (a)
shall include operational testing.
(2) Limitation.--Third party operational testing under
paragraph (1) may not exceed 1 year.
(d) Alternative.--Third party testing under subsection (a) shall
replace as an alternative, at the discretion of the Administrator, the
testing at the TSA Systems Integration Facility, including testing for--
(1) health and safety factors;
(2) operator interface;
(3) human factors;
(4) environmental factors;
(5) throughput;
(6) reliability, maintainability, and availability factors;
and
(7) interoperability.
(e) Testing and Verification Framework.--
(1) In general.--The Administrator shall--
(A) establish a framework for the third party
testing and for verifying a security technology is
operationally effective and able to meet the TSA's
mission needs before it may enter or re-enter, as
applicable, the operational context at an airport or
other transportation facility;
(B) use phased implementation to allow the TSA and
the third party to establish best practices; and
(C) oversee the third party testing and evaluation
framework.
(2) Recommendations.--The Administrator shall request ASAC's
Security Technology Subcommittee, in consultation with
representatives of the security manufacturers industry, to
develop and submit to the Administrator recommendations for the
third party testing and verification framework.
(f) Field Testing.--The Administrator shall prioritize the field
testing and evaluation, including by third parties, of security
technology and equipment at airports and on site at security technology
manufacturers whenever possible as an alternative to the TSA Systems
Integration Facility.
(g) Appropriate Third Parties.--
(1) Citizenship requirement.--An appropriate third party
under subsection (a) shall be--
(A) if an individual, a citizen of the United
States; or
(B) if an entity, owned and controlled by a citizen
of the United States.
(2) Waiver.--The Administrator may waive the requirement
under paragraph (1)(B) if the entity is a United States
subsidiary of a parent company that has implemented a foreign
[[Page 132 STAT. 3552]]
ownership, control, or influence mitigation plan that has been
approved by the Defense Security Service of the Department of
Defense before applying to provide third party testing. The
Administrator may reject any application to provide third party
testing under subsection (a) submitted by an entity that
requires a waiver under this paragraph.
(3) Conflicts of interest.--The Administrator shall ensure,
to the extent possible, that an entity providing third party
testing under this section does not have a contractual,
business, or other pecuniary interest (exclusive of any such
testing) in--
(A) the security screening technology subject to
such testing; or
(B) the vendor of such technology.
(h) GAO Review.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a
study on the third party testing program developed under this
section
(2) Review.--The study under paragraph (1) shall include a
review of the following:
(A) Any efficiencies or gains in effectiveness
achieved in TSA operations, including technology
acquisition or screening operations, as a result of such
program.
(B) The degree to which the TSA conducts timely and
regular oversight of the appropriate third parties
engaged in such testing.
(C) The effect of such program on the following:
(i) The introduction of innovative detection
technologies into security screening operations.
(ii) The availability of testing for
technologies developed by small to medium sized
businesses.
(D) Any vulnerabilities associated with such
program, including with respect to the following:
(i) National security.
(ii) Any conflicts of interest between the
appropriate third parties engaged in such testing
and the entities providing such technologies to be
tested.
(iii) Waste, fraud, and abuse.
SEC. 1912. <<NOTE: 49 USC 114 note.>> TRANSPORTATION SECURITY
ADMINISTRATION SYSTEMS INTEGRATION
FACILITY.
(a) In General.--The Administrator shall continue to operate the
Transportation Security Administration Systems Integration Facility
(referred to in this section as the ``TSIF'') for the purposes of
testing and evaluating advanced transportation security screening
technologies related to the mission of the TSA.
(b) Requirements.--The TSIF shall--
(1) evaluate the technologies described in subsection (a) to
enhance the security of transportation systems through screening
and threat mitigation and detection;
(2) test the technologies described in subsection (a) to
support identified mission needs of the TSA and to meet
requirements for acquisitions and procurement;
[[Page 132 STAT. 3553]]
(3) to the extent practicable, provide original equipment
manufacturers with test plans to minimize requirement
interpretation disputes and adhere to provided test plans;
(4) collaborate with other technical laboratories and
facilities for purposes of augmenting the capabilities of the
TSIF;
(5) deliver advanced transportation security screening
technologies that enhance the overall security of domestic
transportation systems; and
(6) to the extent practicable, provide funding and promote
efforts to enable participation by a small business concern (as
the term is described under section 3 of the Small Business Act
(15 U.S.C. 632)) that--
(A) has an advanced technology or capability; but
(B) does not have adequate resources to participate
in testing and evaluation processes.
(c) Staffing and Resource Allocation.--The Administrator shall
ensure adequate staffing and resource allocations for the TSIF in a
manner that--
(1) prevents unnecessary delays in the testing and
evaluation of advanced transportation security screening
technologies for acquisitions and procurement determinations;
(2) ensures the issuance of final paperwork certification no
later than 45 days after the date such testing and evaluation
has concluded; and
(3) ensures collaboration with technology stakeholders to
close capabilities gaps in transportation security.
(d) Deadline.--
(1) In general.--The Administrator shall notify the
appropriate committees of Congress if testing and evaluation by
the TSIF of an advanced transportation security screening
technology under this section exceeds 180 days from the delivery
date.
(2) Notification.--The notification under paragraph (1)
shall include--
(A) information relating to the delivery date;
(B) a justification for why the testing and
evaluation process has exceeded 180 days; and
(C) the estimated date for completion of such
testing and evaluation.
(3) Definition of delivery date.--In this subsection, the
term ``delivery date'' means the date that the owner of an
advanced transportation security screening technology--
(A) after installation, delivers the technology to
the TSA for testing and evaluation; and
(B) submits to the Administrator, in such form and
manner as the Administrator prescribes, a signed
notification of the delivery described in subparagraph
(A).
(e) Retesting and Evaluation.--Advanced transportation security
screening technology that fails testing and evaluation by the TSIF may
be retested and evaluated at the discretion of the Administrator.
(f) Rule of Construction.--Nothing in this section may be construed
to affect the authority or responsibility of an officer of the
Department, or an officer of any other Federal department or agency,
with respect to research, development, testing, and evaluation of
technologies, including such authorities or responsibilities of the
Undersecretary for Science and Technology of the
[[Page 132 STAT. 3554]]
Department and Assistant Secretary of the Countering Weapons of Mass
Destruction Office of the Department.
SEC. 1913. OPPORTUNITIES TO PURSUE EXPANDED NETWORKS FOR BUSINESS.
(a) Strategy.--Subtitle B of title of title XVI of the Homeland
Security Act of 2002 (6 U.S.C. 563 et seq.) is amended by adding at the
end following:
``SEC. 1617. <<NOTE: 6 USC 563f.>> DIVERSIFIED SECURITY
TECHNOLOGY INDUSTRY MARKETPLACE.
``(a) In General.--Not later than 120 days after the date of
enactment of the TSA Modernization Act, the Administrator shall develop
and submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Homeland Security of the House of
Representatives a strategy to promote a diverse security technology
industry marketplace upon which the Administrator can rely to acquire
advanced transportation security technologies or capabilities, including
by increased participation of small business innovators.
``(b) Contents.--The strategy required under subsection (a) shall
include the following:
``(1) Information on how existing Administration
solicitation, testing, evaluation, piloting, acquisition, and
procurement processes impact the Administrator's ability to
acquire from the security technology industry marketplace,
including small business innovators that have not previously
provided technology to the Administration, innovative
technologies or capabilities with the potential to enhance
transportation security.
``(2) Specific actions that the Administrator will take,
including modifications to the processes described in paragraph
(1), to foster diversification within the security technology
industry marketplace.
``(3) Projected timelines for implementing the actions
described in paragraph (2).
``(4) Plans for how the Administrator could, to the extent
practicable, assist a small business innovator periodically
during such processes, including when such an innovator lacks
adequate resources to participate in such processes, to
facilitate an advanced transportation security technology or
capability being developed and acquired by the Administrator.
``(5) An assessment of the feasibility of partnering with an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of
such Code to provide venture capital to businesses, particularly
small business innovators, for commercialization of innovative
transportation security technologies that are expected to be
ready for commercialization in the near term and within 36
months.
``(c) Feasibility Assessment.--In conducting the feasibility
assessment under subsection (b)(5), the Administrator shall consider the
following:
``(1) Establishing an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code as a venture capital
partnership between the private sector and the intelligence
community to help businesses, particularly small business
[[Page 132 STAT. 3555]]
innovators, commercialize innovative security-related
technologies.
``(2) Enhanced engagement through the Science and Technology
Directorate of the Department of Homeland Security.
``(d) Rule of Construction.--Nothing in this section may be
construed as requiring changes to the Transportation Security
Administration standards for security technology.
``(e) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(2) Small business concern.--The term `small business
concern' has the meaning described under section 3 of the Small
Business Act (15 U.S.C. 632).
``(3) Small business innovator.--The term `small business
innovator' means a small business concern that has an advanced
transportation security technology or capability.''.
(b) GAO Review.--Not later than 1 year after the date the strategy
is submitted under section 1617 of the Homeland Security Act of 2002,
the Comptroller General of the United States shall--
(1) review the extent to which the strategy--
(A) addresses the requirements of that section;
(B) has resulted in increased participation of small
business innovators in the security technology industry
marketplace; and
(C) has diversified the security technology industry
marketplace; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives the findings of the
review and any recommendations.
(c) Table of Contents.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 1616 the following:
``1617. Diversified security technology industry marketplace.''.
SEC. 1914. <<NOTE: 49 USC 44901 note.>> RECIPROCAL RECOGNITION OF
SECURITY STANDARDS.
(a) In General.--The Administrator, in coordination with appropriate
international aviation security authorities, shall develop a validation
process for the reciprocal recognition of security equipment technology
approvals among international security partners or recognized
certification authorities for deployment.
(b) Requirement.--The validation process shall ensure that the
certification by each participating international security partner or
recognized certification authority complies with detection,
qualification, and information security, including cybersecurity,
standards of the TSA, the Department of Homeland Security, and the
National Institute of Standards and Technology.
SEC. 1915. <<NOTE: 49 USC 44903 note.>> TRANSPORTATION SECURITY
LABORATORY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Administrator and
the Undersecretary for Science and Technology--
(1) shall conduct a review to determine whether the TSA is
the most appropriate component within the Department to
administer the Transportation Security Laboratory; and
[[Page 132 STAT. 3556]]
(2) may direct the TSA to administer the Transportation
Security Laboratory if the review under paragraph (1) identifies
the TSA as the most appropriate component.
(b) Periodic Reviews.--The Secretary shall periodically review the
screening technology test and evaluation process conducted at the
Transportation Security Laboratory to improve the coordination,
collaboration, and communication between the Transportation Security
Laboratory and the TSA to identify factors contributing to acquisition
inefficiencies, develop strategies to reduce acquisition inefficiencies,
facilitate more expeditious initiation and completion of testing, and
identify how laboratory practices can better support acquisition
decisions.
(c) Reports.--The Secretary shall report the findings of each review
under this section to the appropriate committees of Congress.
SEC. 1916. <<NOTE: 49 USC 44912 note.>> INNOVATION TASK FORCE.
(a) In General.--The Administrator shall establish an innovation
task force--
(1) to cultivate innovations in transportation security;
(2) to develop and recommend how to prioritize and
streamline requirements for new approaches to transportation
security;
(3) to accelerate the development and introduction of new
innovative transportation security technologies and improvements
to transportation security operations; and
(4) to provide industry with access to the airport
environment during the technology development and assessment
process to demonstrate the technology and to collect data to
understand and refine technical operations and human factor
issues.
(b) Activities.--The task force shall--
(1) conduct activities to identify and develop an innovative
technology, emerging security capability, or process designed to
enhance transportation security, including--
(A) by conducting a field demonstration of such a
technology, capability, or process in the airport
environment;
(B) by gathering performance data from such a
demonstration to inform the acquisition process; and
(C) by enabling a small business with an innovative
technology or emerging security capability, but less
than adequate resources, to participate in such a
demonstration;
(2) conduct at least quarterly collaboration meetings with
industry, including air carriers, airport operators, and other
transportation security stakeholders to highlight and discuss
best practices on innovative security operations and technology
evaluation and deployment; and
(3) submit to the appropriate committees of Congress an
annual report on the effectiveness of key performance data from
task force-sponsored projects and checkpoint enhancements.
(c) Composition.--
(1) Appointment.--The Administrator, in consultation with
the Chairperson of ASAC shall appoint the members of the task
force.
(2) Chairperson.--The task force shall be chaired by the
Administrator's designee.
[[Page 132 STAT. 3557]]
(3) Representation.--The task force shall be comprised of
representatives of--
(A) the relevant offices of the TSA;
(B) if considered appropriate by the Administrator,
the Science and Technology Directorate of the Department
of Homeland Security;
(C) any other component of the Department of
Homeland Security that the Administrator considers
appropriate; and
(D) such industry representatives as the
Administrator considers appropriate.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the acquisition or deployment of an innovative
technology, emerging security capability, or process identified,
developed, or recommended under this section.
(e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the task force established under this
section.
SEC. 1917. 5-YEAR TECHNOLOGY INVESTMENT PLAN UPDATE.
Section 1611 of the Homeland Security Act of 2002 (6 U.S.C. 563) is
amended--
(1) in subsection (g)--
(A) by striking the matter preceding paragraph (1)
and inserting ``The Administrator shall, in
collaboration with relevant industry and government
stakeholders, annually submit to Congress in an appendix
to the budget request and publish in an unclassified
format in the public domain--'';
(B) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (2), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(3) information about acquisitions completed during the
fiscal year preceding the fiscal year during which the report is
submitted.''; and
(2) by adding at the end the following:
``(h) Additional Update Requirements.--Updates and reports under
subsection (g) shall--
``(1) be prepared in consultation with--
``(A) the persons described in subsection (b); and
``(B) the Surface Transportation Security Advisory
Committee established under section 404; and
``(2) include--
``(A) information relating to technology investments
by the Transportation Security Administration and the
private sector that the Department supports with
research, development, testing, and evaluation for
aviation, including air cargo, and surface
transportation security;
``(B) information about acquisitions completed
during the fiscal year preceding the fiscal year during
which the report is submitted;
``(C) information relating to equipment of the
Transportation Security Administration that is in
operation after the end of the life-cycle of the
equipment specified by the manufacturer of the
equipment; and
[[Page 132 STAT. 3558]]
``(D) to the extent practicable, a classified
addendum to report sensitive transportation security
risks and associated capability gaps that would be best
addressed by security-related technology described in
subparagraph (A).''.
``(i) Notice of Covered Changes to Plan.--
``(1) Notice required.--The Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security of the House of
Representatives notice of any covered change to the Plan not
later than 90 days after the date that the covered change is
made.
``(2) Definition of covered change.--In this subsection, the
term `covered change' means--
``(A) an increase or decrease in the dollar amount
allocated to the procurement of a technology; or
``(B) an increase or decrease in the number of a
technology.''.
SEC. 1918. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.), as amended by section 1913 of this Act, is further
amended by adding at the end the following:
``Subtitle C--Maintenance of Security-related Technology
``SEC. 1621. <<NOTE: 6 USC 565.>> MAINTENANCE VALIDATION AND
OVERSIGHT.
``(a) In General.--Not later than 180 days after the date of
enactment of the TSA Modernization Act, the Administrator shall develop
and implement a preventive maintenance validation process for security-
related technology deployed to airports.
``(b) Maintenance by Administration Personnel at Airports.--For
maintenance to be carried out by Administration personnel at airports,
the process referred to in subsection (a) shall include the following:
``(1) Guidance to Administration personnel at airports
specifying how to conduct and document preventive maintenance
actions.
``(2) Mechanisms for the Administrator to verify compliance
with the guidance issued pursuant to paragraph (1).
``(c) Maintenance by Contractors at Airports.--For maintenance to be
carried by a contractor at airports, the process referred to in
subsection (a) shall require the following:
``(1) Provision of monthly preventative maintenance
schedules to appropriate Administration personnel at each
airport that includes information on each action to be completed
by contractor.
``(2) Notification to appropriate Administration personnel
at each airport when maintenance action is completed by a
contractor.
``(3) A process for independent validation by a third party
of contractor maintenance.
``(d) Penalties for Noncompliance.--The Administrator shall require
maintenance for any contracts entered into 60 days after the date of
enactment of the TSA Modernization Act or later for security-related
technology deployed to airports to include penalties
[[Page 132 STAT. 3559]]
for noncompliance when it is determined that either preventive or
corrective maintenance has not been completed according to contractual
requirements and manufacturers' specifications.''.
(b) Table of Contents.--The table of contents of the Homeland
Security Act of 2002, as amended by section 1913 of this Act, is further
amended by inserting after the item relating to section 1617 the
following:
``Subtitle C--Maintenance of Security-related Technology
``1621. Maintenance validation and oversight.''.
SEC. 1919. <<NOTE: 6 USC 1118.>> BIOMETRICS EXPANSION.
(a) In General.--The Administrator and the Commissioner of U.S.
Customs and Border Protection shall consult with each other on the
deployment of biometric technologies.
(b) Rule of Construction.--Nothing in this section shall be
construed to permit the Commissioner of U.S. Customs and Border
Protection to facilitate or expand the deployment of biometric
technologies, or otherwise collect, use, or retain biometrics, not
authorized by any provision of or amendment made by the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118
Stat. 3638) or the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53; 121 Stat. 266).
(c) Report Required.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress, and to any Member of Congress upon the request
of that Member, a report that includes specific assessments from the
Administrator and the Commissioner of U.S. Customs and Border Protection
with respect to the following:
(1) The operational and security impact of using biometric
technology to identify travelers.
(2) The potential effects on privacy of the expansion of the
use of biometric technology under paragraph (1), including
methods proposed or implemented to mitigate any risks to privacy
identified by the Administrator or the Commissioner related to
the active or passive collection of biometric data.
(3) Methods to analyze and address any matching performance
errors related to race, gender, or age identified by the
Administrator with respect to the use of biometric technology,
including the deployment of facial recognition technology;
(4) With respect to the biometric entry-exit program, the
following:
(A) Assessments of--
(i) the error rates, including the rates of
false positives and false negatives, and accuracy
of biometric technologies;
(ii) the effects of biometric technologies, to
ensure that such technologies do not unduly burden
categories of travelers, such as a certain race,
gender, or nationality;
(iii) the extent to which and how biometric
technologies could address instances of travelers
to the United States overstaying their visas,
including--
(I) an estimate of how often
biometric matches are contained in an
existing database;
[[Page 132 STAT. 3560]]
(II) an estimate of the rate at
which travelers using fraudulent
credentials identifications are
accurately rejected; and
(III) an assessment of what
percentage of the detection of
fraudulent identifications could have
been accomplished using conventional
methods;
(iv) the effects on privacy of the use of
biometric technologies, including methods to
mitigate any risks to privacy identified by the
Administrator or the Commissioner of U.S. Customs
and Border Protection related to the active or
passive collection of biometric data; and
(v) the number of individuals who stay in the
United States after the expiration of their visas
each year.
(B) A description of--
(i) all audits performed to assess--
(I) error rates in the use of
biometric technologies; or
(II) whether the use of biometric
technologies and error rates in the use
of such technologies disproportionately
affect a certain race, gender, or
nationality; and
(ii) the results of the audits described in
clause (i).
(C) A description of the process by which domestic
travelers are able to opt-out of scanning using
biometric technologies.
(D) A description of--
(i) what traveler data is collected through
scanning using biometric technologies, what
agencies have access to such data, and how long
the agencies possess such data;
(ii) specific actions that the Department and
other relevant Federal departments and agencies
take to safeguard such data; and
(iii) a short-term goal for the prompt
deletion of the data of individual United States
citizens after such data is used to verify
traveler identities.
(d) Publication of Assessments.--The Secretary, the Administrator,
and the Commissioner shall, if practicable, publish a public version of
the assessment required by subsection (c)(2) on the Internet website of
the TSA and of the U.S. Customs and Border Protection.
SEC. 1920. <<NOTE: 49 USC 44903 note.>> PILOT PROGRAM FOR
AUTOMATED EXIT LANE TECHNOLOGY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall establish a pilot program to
implement and evaluate the use of automated exit lane technology at
small hub airports and nonhub airports (as those terms are defined in
section 40102 of title 49, United States Code).
(b) Partnership.--The Administrator shall carry out the pilot
program in partnership with the applicable airport directors.
[[Page 132 STAT. 3561]]
(c) Cost Share.--The Federal share of the cost of the pilot program
under this section shall not exceed 85 percent of the total cost of the
program.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the pilot program under this section
$15,000,000 for each of fiscal years 2019 through 2021.
(e) GAO Report.--Not later than 2 years after the date the pilot
program is implemented, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report on the
pilot program, including--
(1) the extent of airport participation in the pilot program
and how the program was implemented;
(2) the results of the pilot program and any reported
benefits, including the impact on security and any cost-related
efficiencies realized by TSA or at the participating airports;
and
(3) the feasibility of expanding the pilot program to
additional airports, including to medium and large hub airports.
SEC. 1921. AUTHORIZATION OF APPROPRIATIONS; EXIT LANE SECURITY.
There is authorized to be appropriated to carry out section
44903(n)(1) of title 49, United States Code, $77,000,000 for each of
fiscal years 2019 through 2021.
SEC. 1922. <<NOTE: 49 USC 44901 note.>> REAL-TIME SECURITY
CHECKPOINT WAIT TIMES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall make available to the
public information on wait times at each airport security checkpoint at
which security screening operations are conducted or overseen by the
TSA.
(b) Requirements.--The information described in subsection (a) shall
be provided in real time via technology and published--
(1) online; and
(2) in physical locations at applicable airport terminals.
(c) Considerations.--The Administrator shall only make the
information described in subsection (a) available to the public if it
can do so in a manner that does not increase public area security risks.
(d) Definition of Wait Time.--In this section, the term ``wait
time'' means the period beginning when a passenger enters a queue for a
screening checkpoint and ending when that passenger exits the
checkpoint.
SEC. 1923. GAO REPORT ON DEPLOYMENT OF SCREENING TECHNOLOGIES
ACROSS AIRPORTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study whether the TSA allocates resources, including advanced
imaging and computed tomography technologies, appropriately based on
risk at Category X, I, II, III, and IV airports at which security
screening operations are conducted or overseen by the TSA.
(b) Cost Analysis.--As a part of the study conducted under
subsection (a), the Comptroller General shall analyze the costs
allocated or incurred by the TSA at Category X, I, II, III, and IV
airports--
(1) to purchase and deploy screening equipment and other
assets, including advanced imaging and computed tomography
technologies, at Category X, I, II, III, and IV airports;
[[Page 132 STAT. 3562]]
(2) to install such equipment, including any related
variant, and assets in the airport; and
(3) to maintain such equipment and assets.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the findings of the study under
subsection (a).
SEC. 1924. <<NOTE: 49 USC 44901 note.>> SCREENING TECHNOLOGY
REVIEW AND PERFORMANCE OBJECTIVES.
(a) Review of Technology Acquisitions Process.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with
relevant officials of the Department, shall conduct a review of
existing advanced transportation security screening technology
testing and evaluation, acquisitions, and procurement practices
within TSA.
(2) Contents.--Such review shall include--
(A) identifying process delays and obstructions
within the Department and the Administration regarding
how such technology is identified, tested and evaluated,
acquired, and deployed;
(B) assessing whether the TSA can better leverage
existing resources or processes of the Department for
the purposes of technology testing and evaluation;
(C) assessing whether the TSA can further encourage
innovation and competition among technology
stakeholders, including through increased participation
of and funding for small business concerns (as such term
is described under section 3 of the Small Business Act
(15 U.S.C. 632));
(D) identifying best practices of other Department
components or United States Government entities; and
(E) a plan to address any problems or challenges
identified by such review.
(b) Briefing.--The Administrator shall provide to the appropriate
committees of Congress a briefing on the findings of the review required
under this section and a plan to address any problems or challenges
identified by such review.
(c) Acquisitions and Procurement Enhancement.--Incorporating the
results of the review in subsection (a), the Administrator shall--
(1) engage in outreach, coordination, and collaboration with
transportation stakeholders to identify and foster innovation of
new advanced transportation security screening technologies;
(2) streamline the overall technology development, testing,
evaluation, acquisitions, procurement, and deployment processes
of the Administration; and
(3) ensure the effectiveness and efficiency of such
processes.
(d) Assessment.--The Secretary, in consultation with the Chief
Privacy Officer of the Department, shall submit to the appropriate
committees of Congress a compliance assessment of the TSA acquisition
process relating to the health and safety risks associated with
implementation of screening technologies.
(e) Performance Objectives.--The Administrator shall establish
performance objectives for the testing and verification of security
technology, including testing and verification conducted by
[[Page 132 STAT. 3563]]
appropriate third parties under section 1911, to ensure that progress is
made, at a minimum, toward--
(1) reducing time for each phase of testing while
maintaining security (including testing for detection testing,
operational testing, testing and verification framework, and
field testing);
(2) eliminating testing and verification delays; and
(3) increasing accountability.
(f) Tracking.--
(1) In general.--In carrying out subsection (e), the
Administrator shall establish and continually track performance
metrics for each type of security technology submitted for
testing and verification, including testing and verification
conducted by appropriate third parties under section 1911.
(2) Measuring progress toward goals.--The Administrator
shall use the metrics established and tracked under paragraph
(1) to generate data on an ongoing basis and to measure progress
toward the achievement of the performance objectives established
under subsection (e).
(3) Report required.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a
report assessing the extent to which the performance
objectives established under subsection (e), as measured
by the performance metrics established and tracked under
paragraph (1) of this subsection, have been met.
(B) Elements.--The report required by subparagraph
(A) shall include--
(i) a list of the performance metrics
established under paragraph (1), including the
length of time for each phase of testing and
verification for each type of security technology;
and
(ii) a comparison of the progress achieved for
testing and verification of security technology
conducted by the TSA and the testing and
verification of security technology conducted by
third parties.
(C) Proprietary information.--The report required by
subparagraph (A) shall--
(i) not include identifying information
regarding an individual or entity or equipment;
and
(ii) protect proprietary information.
(g) Information Technology Security.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a plan to conduct recurring reviews
of the operational, technical, and management security controls for
Administration information technology systems at airports.
SEC. 1925. <<NOTE: 49 USC 44901 note.>> COMPUTED TOMOGRAPHY PILOT
PROGRAMS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall carry out a pilot program to test
the use of screening equipment using computed tomography technology to
screen baggage at passenger screening checkpoints at airports.
(b) Feasibility Study.--
[[Page 132 STAT. 3564]]
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator, in coordination with
the Under Secretary for Science and Technology of the
Department, shall submit to the appropriate committees of
Congress a feasibility study regarding expanding the use of
computed tomography technology for the screening of air cargo
transported on passenger aircraft operated by an air carrier or
foreign air carrier in air transportation, interstate air
transportation, or interstate air commerce.
(2) Considerations.--In conducting the feasibility study
under paragraph (1), the Administrator shall consider the
following:
(A) Opportunities to leverage computed tomography
systems used for screening passengers and baggage.
(B) Costs and benefits of using computed tomography
technology for screening air cargo.
(C) An analysis of emerging computed tomography
systems that may have potential to enhance the screening
of air cargo, including systems that may address
aperture challenges associated with screening certain
categories of air cargo.
(D) An analysis of emerging screening technologies,
in addition to computed tomography, that may be used to
enhance the screening of air cargo.
(c) Pilot Program.--Not later than 120 days after the date the
feasibility study is submitted under subsection (b), the Administrator
shall initiate a 2-year pilot program to achieve enhanced air cargo
security screening outcomes through the use of new or emerging screening
technologies, such as computed tomography technology, as identified
through such study.
(d) Updates.--Not later than 60 days after the date the pilot
program under subsection (c) is initiated, and biannually thereafter for
2 years, the Administrator shall brief the appropriate committees of
Congress on the progress of implementation of such pilot program.
(e) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given the term in section 40102 of title 49, United States Code.
(2) Air transportation.--The term ``air transportation'' has
the meaning given the term in section 40102 of title 49, United
States Code.
(3) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given the term in section 40102 of title 49,
United States Code.
(4) Interstate air commerce.--The term ``interstate air
commerce'' has the meaning given the term in section 40102 of
title 49, United States Code.
(5) Interstate air transportation.--The term ``interstate
air transportation'' has the meaning given the term in section
40102 of title 49, United States Code.
Subtitle C--Public Area Security
SEC. 1926. <<NOTE: 6 USC 1116 note.>> DEFINITIONS.
In this subtitle:
[[Page 132 STAT. 3565]]
(1) Behavioral standards.--The term ``behavioral standards''
means standards for the evaluation of explosives detection
working canines for certain factors, including canine
temperament, work drive, suitability for training, environmental
factors used in evaluations, and canine familiarity with natural
or man-made surfaces or working conditions relevant to the
canine's expected work area.
(2) Medical standards.--The term ``medical standards'' means
standards for the evaluation of explosives detection working
canines for certain factors, including canine health, management
of heredity health conditions, breeding practices, genetics,
pedigree, and long-term health tracking.
(3) Technical standards.--The term ``technical standards''
means standards for the evaluation of explosives detection
working canines for certain factors, including canine search
techniques, handler-canine communication, detection testing
conditions and logistics, and learned explosive odor libraries.
SEC. 1927. <<NOTE: 6 USC 1116 note.>> EXPLOSIVES DETECTION CANINE
CAPACITY BUILDING.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall establish a working group to
determine ways to support decentralized, non-Federal domestic canine
breeding capacity to produce high quality explosives detection canines
and modernize canine training standards.
(b) Working Group Composition.--The working group established under
subsection (a) shall be comprised of representatives from the following:
(1) The TSA.
(2) The Science and Technology Directorate of the
Department.
(3) National domestic canine associations with expertise in
breeding and pedigree.
(4) Universities with expertise related to explosives
detection canines and canine breeding.
(5) Domestic canine breeders and vendors.
(c) Chairpersons.--The Administrator shall approve of 2 individuals
from among the representatives of the working group specified in
subsection (b) to serve as the Chairpersons of the working group as
follows:
(1) One Chairperson shall be from an entity specified in
paragraph (1) or (2) of that subsection.
(2) One Chairperson shall be from an entity specified in
paragraph (3), (4), or (5) of that subsection.
(d) Proposed Standards and Recommendations.--Not later than 180 days
after the date the working group is established under subsection (a),
the working group shall submit to the Administrator--
(1) proposed behavioral standards, medical standards, and
technical standards for domestic canine breeding and canine
training described in that subsection; and
(2) recommendations on how the TSA can engage stakeholders
to further the development of such domestic non-Federal canine
breeding capacity and training.
(e) Strategy.--Not later than 180 days after the date the
recommendations are submitted under subsection (d), the Administrator
shall develop and submit to the appropriate committees of Congress a
strategy for working with non-Federal stakeholders
[[Page 132 STAT. 3566]]
to facilitate expanded the domestic canine breeding capacity described
in subsection (a), based on such recommendations.
(f) Consultation.--In developing the strategy under subsection (e),
the Administrator shall consult with the Under Secretary for Science and
Technology of the Department, the Commissioner for U.S. Customs and
Border Protection, the Director of the United States Secret Service, and
the heads of such other Federal departments or agencies as the
Administrator considers appropriate to incorporate, to the extent
practicable, mission needs across the Department for an expanded non-
Federal domestic explosives detection canine breeding capacity that can
be leveraged to help meet the Department's operational needs.
(g) Termination.--The working group established under subsection (a)
shall terminate on the date that the strategy is submitted under
subsection (e), unless the Administrator extends the termination date
for the purposes of section 1928.
(h) Nonapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the working
group established under this Act.
SEC. 1928. <<NOTE: 6 USC 1116 note.>> THIRD PARTY DOMESTIC
CANINES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, to enhance the efficiency and efficacy of transportation
security by increasing the supply of canine teams for use by the TSA and
transportation stakeholders, the Administrator shall develop and issue
behavioral standards, medical standards, and technical standards, based
on the recommendations of the working group under section 1927, that a
third party explosives detection canine must satisfy to be certified for
the screening of individuals and property, including detection of
explosive vapors among individuals and articles of property, in public
areas of an airport under section 44901 of title 49, United States Code.
(b) Augmenting Public Area Security.--
(1) In general.--The Administrator shall develop guidance on
the coordination of development and deployment of explosives
detection canine teams for use by transportation stakeholders to
enhance public area security at transportation hubs, including
airports.
(2) Consultation.--In developing the guidance under
paragraph (1), the Administrator shall consult with--
(A) the working group established under section
1927;
(B) the officials responsible for carrying out
section 1941; and
(C) such transportation stakeholders, canine
providers, law enforcement, privacy groups, and
transportation security providers as the Administrator
considers relevant.
(c) Agreement.--Subject to subsections (d), (e), and (f), not later
than 270 days after the issuance of standards under subsection (a), the
Administrator shall, to the extent possible, enter into an agreement
with at least 1 third party to test and certify the capabilities of
canines in accordance with the standards under subsection (a).
(d) Expedited Deployment.--In entering into an agreement under
subsection (c), the Administrator shall use--
(1) the other transaction authority under section 114(m) of
title 49, United States Code; or
[[Page 132 STAT. 3567]]
(2) such other authority of the Administrator as the
Administrator considers appropriate to expedite the deployment
of additional canine teams.
(e) Process.--Before entering into an agreement under subsection
(c), the Administrator shall--
(1) evaluate and verify the third party's ability to
effectively evaluate the capabilities of canines;
(2) designate key elements required for appropriate
evaluation venues where third parties may conduct testing; and
(3) periodically assess the program at evaluation centers to
ensure the proficiency of the canines beyond the initial testing
and certification by the third party.
(f) Consultation.--To determine best practices for the use of third
parties to test and certify the capabilities of canines, the
Administrator shall consult with the following persons before entering
into an agreement under subsection (c):
(1) The Secretary of State.
(2) The Secretary of Defense.
(3) Non-profit organizations that train, certify, and
provide the services of canines for various purposes.
(4) Institutions of higher education with research programs
related to use of canines for the screening of individuals and
property, including detection of explosive vapors among
individuals and articles of property.
(g) Third Party Explosives Detection Canine Provider List.--
(1) In general.--Not later than 90 days after the date the
Administrator enters into an agreement under subsection (c), the
Administrator shall develop and maintain a list of the names of
each third party from which the TSA procures explosive detection
canines, including for each such third party the relevant
contractual period of performance.
(2) Distribution.--The Administrator shall make the list
under paragraph (1) available to appropriate transportation
stakeholders in such form and manner as the Administrator
prescribes.
(h) Oversight.--The Administrator shall establish a process to
ensure appropriate oversight of the certification program and compliance
with the standards under subsection (a), including periodic audits of
participating third parties.
(i) Authorization.--
(1) TSA.--The Administrator shall develop and implement a
process for the TSA to procure third party explosives detection
canines certified under this section.
(2) Aviation stakeholders.--
(A) In general.--The Administrator shall authorize
an aviation stakeholder, under the oversight of and in
coordination with the Federal Security Director at an
applicable airport, to contract with, procure or
purchase, and deploy one or more third party explosives
detection canines certified under this section to
augment public area security at that airport.
(B) Applicable large hub airports.--
(i) In general.--Except as provided under
subparagraph (ii), notwithstanding any law to the
contrary, and subject to the other provisions of
this paragraph, an applicable large hub airport
may provide
[[Page 132 STAT. 3568]]
a certified canine described in subparagraph (A)
on an in-kind basis to the TSA to be deployed as a
passenger screening canine at that airport unless
the applicable large hub airport consents to the
use of that certified canine elsewhere.
(ii) Exception.--The Administrator may, on a
case-by-case basis, deploy a certified canine
described in subparagraph (A) to a transportation
facility other than the applicable large hub
airport described in clause (i) for not more than
90 days per year if the Administrator--
(I) determines that such deployment
is necessary to meet operational or
security needs; and
(II) notifies the applicable large
hub airport described in clause (i).
(iii) Nondeployable canines.--Any certified
canine provided to the TSA under clause (i) that
does not complete training for deployment under
that clause shall be the responsibility of the
large hub airport unless the TSA agrees to a
different outcome.
(C) Handlers.--Not later than 30 days before a
canine begins training to become a certified canine
under subparagraph (B), the airport shall notify the TSA
of such training and the Administrator shall assign a
TSA canine handler to participate in the training with
that canine, as appropriate.
(D) Limitation.--The Administrator may not reduce
the staffing allocation model for an applicable large
hub airport based on that airport's provision of a
certified canine under this paragraph.
(j) Definitions.--In this section:
(1) Applicable large hub airport.--The term ``applicable
large hub airport'' means a large hub airport (as defined in
section 40102 of title 49, United States Code) that has less
than 100 percent of the allocated passenger screening canine
teams staffed by the TSA.
(2) Aviation stakeholder.--The term ``aviation stakeholder''
includes an airport, airport operator, and air carrier.
SEC. 1929. <<NOTE: 6 USC 1116 note.>> TRACKING AND MONITORING OF
CANINE TRAINING AND TESTING.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall use, to the extent practicable, a digital monitoring
system for all training, testing, and validation or certification of
public and private canine assets utilized or funded by the TSA to
facilitate improved review, data analysis, and record keeping of canine
testing performance and program administration.
SEC. 1930. VIPR TEAM STATISTICS.
(a) <<NOTE: 6 USC 1112 note.>> VIPR Team Statistics.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall notify the appropriate committees of
Congress of the number of VIPR teams available for deployment at
transportation facilities, including--
(A) the number of VIPR team operations that include
explosive detection canine teams; and
[[Page 132 STAT. 3569]]
(B) the distribution of VIPR team operations
deployed across different modes of transportation.
(2) Annex.--The notification under paragraph (1) may contain
a classified annex.
(3) Definition of vipr team.--In this subsection, the term
``VIPR'' means a Visible Intermodal Prevention and Response team
authorized under section 1303 of the National Transit Systems
Security Act of 2007 (6 U.S.C. 1112).
(b) Authorization of VIPR Teams.--Section 1303(b) of the National
Transit Systems Security Act of 2007 (6 U.S.C. 1112(b)) is amended by
striking ``to the extent appropriated, including funds to develop not
more than 60 VIPR teams, for fiscal years 2016 through 2018'' and
inserting ``such sums as necessary, including funds to develop at least
30, but not more than 60, VIPR teams, for fiscal years 2019 through
2021''.
SEC. 1931. <<NOTE: 49 USC 114 note.>> PUBLIC AREA SECURITY
WORKING GROUP.
(a) Definitions.--In this section:
(1) Public and private stakeholders.--The term ``public and
private stakeholders'' has the meaning given the term in section
114(t)(1)(C) of title 49, United States Code.
(2) Surface transportation asset.--The term ``surface
transportation asset'' includes--
(A) facilities, equipment, or systems used to
provide transportation services by--
(i) a public transportation agency (as the
term is defined in section 1402 of the
Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1131));
(ii) a railroad carrier (as the term is
defined in section 20102 of title 49, United
States Code);
(iii) an owner or operator of--
(I) an entity offering scheduled,
fixed-route transportation services by
over-the road bus (as the term is
defined in section 1501 of the
Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1151));
or
(II) a bus terminal; or
(B) other transportation facilities, equipment, or
systems, as determined by the Secretary.
(b) Public Area Security Working Group.--
(1) Working group.--The Administrator, in coordination with
the National Protection and Programs Directorate, shall
establish a working group to promote collaborative engagement
between the TSA and public and private stakeholders to develop
non-binding recommendations for enhancing security in public
areas of transportation facilities (including facilities that
are surface transportation assets), including recommendations
regarding the following:
(A) Information sharing and interoperable
communication capabilities among the TSA and public and
private stakeholders with respect to terrorist or other
threats.
(B) Coordinated incident response procedures.
(C) The prevention of terrorist attacks and other
incidents through strategic planning, security training,
exercises and drills, law enforcement patrols, worker
vetting, and suspicious activity reporting.
[[Page 132 STAT. 3570]]
(D) Infrastructure protection through effective
construction design barriers and installation of
advanced surveillance and other security technologies.
(2) Annual report.--
(A) In general.--Not later than 1 year after the
date the working group is established under paragraph
(1), the Administrator shall submit to the appropriate
committee of Congress a report, covering the 12-month
period preceding the date of the report, on--
(i) the organization of the working group;
(ii) the activities of the working group;
(iii) the participation of the TSA and public
and private stakeholders in the activities of the
working group;
(iv) the findings of the working group,
including any recommendations.
(B) Publication.--The Administrator may publish a
public version of such report that describes the
activities of the working group and such related matters
as would be informative to the public, consistent with
section 552(b) of title 5, United States Code.
(3) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working
group established under subsection (a) or any subcommittee
thereof.
(c) Technical Assistance.--
(1) In general.--The Secretary shall--
(A) inform owners and operators of surface
transportation assets about the availability of
technical assistance, including vulnerability assessment
tools and cybersecurity guidelines, to help protect and
enhance the resilience of public areas of such assets;
and
(B) upon request, and subject to the availability of
appropriations, provide such technical assistance to
owners and operators of surface transportation assets.
(2) Best practices.--Not later than 1 year after the date of
enactment of this Act, and periodically thereafter, the
Secretary shall publish on the Department website and widely
disseminate, as appropriate, current best practices for
protecting and enhancing the resilience of public areas of
transportation facilities (including facilities that are surface
transportation assets), including associated frameworks or
templates for implementation.
(d) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(A) review of regulations, directives, policies, and
procedures issued by the Administrator regarding the
transportation of a firearm and ammunition; and
(B) submit to the appropriate committees of Congress
a report on the findings of the review under
subparagraph (A), including, as appropriate, information
on any plans to modify any regulation, directive,
policy, or procedure based on the review.
(2) Consultation.--In preparing the report under paragraph
(1), the Administrator shall consult with--
(A) ASAC;
[[Page 132 STAT. 3571]]
(B) the Surface Transportation Security Advisory
Committee under section 404 of the Homeland Security Act
of 2002; and
(C) appropriate public and private stakeholders.
SEC. 1932. <<NOTE: 49 USC 114 note.>> PUBLIC AREA BEST PRACTICES.
(a) In General.--The Administrator shall, in accordance with law and
as received or developed, periodically submit information, on any best
practices developed by the TSA or appropriate transportation
stakeholders related to protecting the public spaces of transportation
infrastructure from emerging threats, to the following:
(1) Federal Security Directors at airports.
(2) Appropriate security directors for other modes of
transportation.
(3) Other appropriate transportation security stakeholders.
(b) Information Sharing.--The Administrator shall, in accordance
with law--
(1) in coordination with the Office of the Director of
National Intelligence and industry partners, implement
improvements to the Air Domain Intelligence and Analysis Center
to encourage increased participation from stakeholders and
enhance government and industry security information sharing on
transportation security threats, including on cybersecurity
threat awareness;
(2) expand and improve the City and Airport Threat
Assessment or similar program to public and private stakeholders
to capture, quantify, communicate, and apply applicable
intelligence to inform transportation infrastructure mitigation
measures, such as--
(A) quantifying levels of risk by airport that can
be used to determine risk-based security mitigation
measures at each location; and
(B) determining random and surge employee inspection
operations based on changing levels of risk;
(3) continue to disseminate Transportation Intelligence
Notes, tear-lines, and related intelligence products to
appropriate transportation security stakeholders on a regular
basis; and
(4) continue to conduct both regular routine and threat-
specific classified briefings between the TSA and appropriate
transportation sector stakeholders on an individual or group
basis to provide greater information sharing between public and
private sectors.
(c) Mass Notification.--The Administrator shall encourage security
stakeholders to utilize mass notification systems, including the
Integrated Public Alert Warning System of the Federal Emergency
Management Agency and social media platforms, to disseminate information
to transportation community employees, travelers, and the general
public, as appropriate.
(d) Public Awareness Programs.--The Secretary, in coordination with
the Administrator, shall expand public programs of the Department of
Homeland Security and the TSA that increase security threat awareness,
education, and training to include transportation network public area
employees, including airport and transportation vendors, local hotels,
cab and limousine companies,
[[Page 132 STAT. 3572]]
ridesharing companies, cleaning companies, gas station attendants, cargo
operators, and general aviation members.
SEC. 1933. AIRPORT WORKER ACCESS CONTROLS COST AND FEASIBILITY
STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with ASAC, shall submit
to the Comptroller General of the United States and the appropriate
committees of Congress a study examining the shared cost and feasibility
to airports, airlines, and the TSA of implementing enhanced employee
inspection measures at all access points between non-secured areas and
secured areas at a statistically significant number of Category I, II,
III, IV, and X airports.
(b) Assessment.--To the extent practicable, in conducting the study,
the Administrator shall assess the cost, operational efficiency, and
security effectiveness of requiring all employees to present for
inspection at every access point between non-secured areas and secured
areas of airports, and of deploying some or all of the following
screening measures and technologies:
(1) A secure door utilizing card and pin entry or biometric
technology.
(2) Surveillance video recording capable of storing video
data for at least 30 days.
(3) Advanced screening technologies, including at least 1 of
the following:
(A) Magnetometer (walk-through or hand-held).
(B) Explosives detection canines.
(C) Explosives trace detection swabbing.
(D) Advanced imaging technology.
(E) X-ray bag screening technology.
(4) The TSA's Advanced Threat Local Allocation Strategy
(commonly known as ``ATLAS'').
(c) Contents.--To the extent practicable, the study under subsection
(a) shall include the following:
(1) Costs associated with establishing an operational
minimum number of employee entry and exit points.
(2) A comparison of estimated costs and security
effectiveness associated with implementing the security features
specified in paragraphs (1), (2), (3), and (4) of subsection (b)
based on information on the experiences from those category I,
II, III, IV, and X airports that have already implemented or
piloted enhanced employee inspection measures at access points
between non-secured areas and secured areas of airports.
(d) GAO Review.--Not later than 90 days after the date of receipt of
the study under subsection (a), the Comptroller General of the United
States shall--
(1) review the study to assess the quality and reliability
of the study; and
(2) submit to the appropriate committees of Congress a
report on the results of the review under paragraph (1).
SEC. 1934. <<NOTE: 49 USC 44903 note.>> SECURING AIRPORT WORKER
ACCESS POINTS.
(a) Cooperative Efforts to Enhance Airport Security Awareness.--Not
later than 180 days after the date of enactment of this Act, the
Administrator shall consult with air carriers, foreign air carriers,
airport operators, and labor unions representing credentialed employees
to enhance security awareness of
[[Page 132 STAT. 3573]]
credentialed airport populations regarding insider threats to aviation
security and best practices related to airport access controls.
(b) Credentialing Standards.--Not later than 180 days after the date
of enactment of this Act, the Administrator, in consultation with air
carriers, foreign air carriers, airport operators, and labor unions
representing credentialed employees, shall assess credentialing
standards, policies, and practices, including implementation of relevant
credentialing updates required under the FAA Extension, Safety, and
Security Act of 2016 (Public Law 114-190; 130 Stat. 615), to ensure that
insider threats to aviation security are adequately addressed.
(c) SIDA Applications.--
(1) Social security numbers required.--
(A) In general.--Not later than 60 days after the
date of enactment of this Act, the Administrator shall
revise the application submitted by an individual
applying for a credential granting access to the Secure
Identification Area of an airport to require the social
security number of such individual in order to
strengthen security vetting effectiveness.
(B) Failure to provide number.--An applicant who
does not provide such applicant's social security number
may be denied such a credential.
(2) Screening notice.--The Administrator shall issue
requirements for an airport operator to include in each
application for access to a Security Identification Display Area
notification to the applicant that an employee holding a
credential granting access to a Security Identification Display
Area may be screened at any time while gaining access to,
working in, or leaving a Security Identification Display Area.
(d) Secured and Sterile Areas of Airports.--The Administrator shall
consult with airport operators and airline operators to identify
advanced technologies, including biometric identification technologies,
that could be used for securing employee access to the secured areas and
sterile areas of airports.
(e) Rap Back Vetting .--Not later than 180 days after the date of
enactment of this Act, the Administrator shall identify and submit to
the appropriate committees of Congress the number of credentialed
aviation worker populations at airports that are continuously vetted
through the Federal Bureau of Investigation's Rap Back Service,
consistent with section 3405(b)(2) of the FAA Extension, Safety, and
Security Act of 2016 (49 U.S.C. 44901 note).
(f) Insider Threat Education and Mitigation.--Not later than 180
days after the date of enactment of this Act, the Administrator shall
identify means of enhancing the TSA's ability to leverage the resources
of the Department and the intelligence community (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)) to educate
Administration personnel on insider threats to aviation security and how
the TSA can better mitigate such insider threats.
(g) Employee Inspections.--Consistent with the FAA Extension,
Safety, and Security Act of 2016 (Public Law 114-190; 130 Stat. 615),
the Administrator shall ensure that TSA-led, random employee physical
inspection efforts of aviation workers are targeted, strategic, and
focused on providing the greatest level of security effectiveness.
(h) Covert Testing.--
[[Page 132 STAT. 3574]]
(1) In general.--Consistent with the FAA Extension, Safety,
and Security Act of 2016 (Public Law 114-190; 130 Stat. 615),
the Administrator shall continue to conduct covert testing of
TSA-led employee inspection operations at airports and measure
existing levels of security effectiveness.
(2) Requirements.--The Administrator shall provide--
(A) the results of such testing to--
(i) the airport operator for the airport that
is the subject of any such testing; and
(ii) as appropriate, to air carriers and
foreign air carriers that operate at the airport
that is the subject of such testing; and
(B) recommendations and technical assistance for air
carriers, foreign air carriers, and airport operators to
conduct their own employee inspections, as needed.
(3) Annual reporting.--The Administrator shall for each of
fiscal years 2019 through 2021, submit to the appropriate
committees of Congress a report on the frequency, methodology,
strategy, and effectiveness of employee inspection operations at
airports.
(i) Centralized Database.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with
ASAC, shall--
(A) subject to paragraph (2), establish a national,
centralized database of the names of each individual
who--
(i) has had an airport-issued badge revoked
for failure to comply with aviation security
requirements; or
(ii) has had an aircraft operator-issued badge
revoked for failure to comply with aviation
security requirements;
(B) determine the appropriate reporting mechanisms
for air carriers, foreign air carriers, and airport
operators--
(i) to submit to the Administration data
regarding an individual described in subparagraph
(A); and
(ii) to access the database; and
(C) establish a process to allow an individual whose
name is mistakenly entered into the database to correct
the record and have the individual's name expunged from
the database.
(2) Limitation.--The database shall not include the name of
any individual whose badge has been revoked as a result of a
termination or cessation of employment unrelated to--
(A) a violation of a security requirement; or
(B) a determination that the individual poses a
threat to aviation security.
SEC. 1935. <<NOTE: 49 USC 44903 note.>> LAW ENFORCEMENT OFFICER
REIMBURSEMENT PROGRAM.
(a) In General.--In accordance with section 44903(c)(1) of title 49,
United States Code, the Administrator shall increase the number of
awards, and the total funding amount of each award, under the Law
Enforcement Officer Reimbursement Program--
(1) to increase the presence of law enforcement officers in
the public areas of airports, including baggage claim, ticket
counters, and nearby roads;
[[Page 132 STAT. 3575]]
(2) to increase the presence of law enforcement officers at
screening checkpoints;
(3) to reduce the response times of law enforcement officers
during security incidents; and
(4) to provide visible deterrents to potential terrorists.
(b) Cooperation by Administrator.--In carrying out subsection (a),
the Administrator shall use the authority provided to the Administrator
under section 114(m) of title 49, United States Code, that is the same
authority as is provided to the Administrator of the Federal Aviation
Administration under section 106(m) of that title.
(c) Administrative Burdens.--The Administrator shall review the
regulations and compliance policies related to the Law Enforcement
Officer Reimbursement Program and, if necessary, revise such regulations
and policies to reduce any administrative burdens on applicants or
recipients of such awards.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out section 44901(h) of title 49, United States
Code, $55,000,000 for each of fiscal years 2019 through 2021.
SEC. 1936. <<NOTE: 49 USC 44903 note.>> AIRPORT PERIMETER AND
ACCESS CONTROL SECURITY.
(a) Risk Assessments of Airport Security.--
(1) In general.--The Administrator shall--
(A) not later than 180 days after the date of
enactment of this Act, update the Transportation Sector
Security Risk Assessment (referred to in this section as
the ``TSSRA''); and
(B) not later than 90 days after the date the TSSRA
is updated under subparagraph (A)--
(i) update with the most currently available
intelligence information the Comprehensive Risk
Assessment of Perimeter and Access Control
Security (referred to in this section as the
``Risk Assessment of Airport Security'');
(ii) establish a regular schedule for periodic
updates to the Risk Assessment of Airport
Security; and
(iii) conduct a system-wide assessment of
airport access control points and airport
perimeter security.
(2) Contents.--The security risk assessments required under
paragraph (1)(B) shall--
(A) include updates reflected in the TSSRA and Joint
Vulnerability Assessment findings;
(B) reflect changes to the risk environment relating
to airport access control points and airport perimeters;
(C) use security event data for specific analysis of
system-wide trends related to airport access control
points and airport perimeter security to better inform
risk management decisions; and
(D) consider the unique geography of and current
best practices used by airports to mitigate potential
vulnerabilities.
(3) Report.--The Administrator shall report the results of
the TSSRA and Risk Assessment of Airport Security under
paragraph (1) to--
(A) the appropriate committees of Congress;
[[Page 132 STAT. 3576]]
(B) relevant Federal departments and agencies; and
(C) airport operators.
(b) Airport Security Strategy Development.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall update the 2012
National Strategy for Airport Perimeter and Access Control
Security (referred to in this section as the ``National
Strategy'').
(2) Contents.--The update to the National Strategy shall
include--
(A) information from the Risk Assessment of Airport
Security; and
(B) information on--
(i) airport security-related activities;
(ii) the status of TSA efforts to address the
objectives of the National Strategy;
(iii) finalized outcome-based performance
measures and performance levels for--
(I) each activity described in
clause (i); and
(II) each objective described in
clause (ii); and
(iv) input from airport operators.
(3) Updates.--Not later than 90 days after the date the
update to the National Strategy is complete, the Administrator
shall establish a regular schedule for determining if and when
additional updates to the strategy under paragraph (1) are
necessary.
Subtitle D--Passenger and Cargo Security
SEC. 1937. PRECHECK PROGRAM.
(a) In General.--Section 44919 is amended to read as follows:
``Sec. 44919. PreCheck Program
``(a) In General.--The Administrator of the Transportation Security
Administration shall continue to administer the PreCheck Program in
accordance with section 109(a)(3) of the Aviation and Transportation
Security Act (49 U.S.C. 114 note).
``(b) Expansion.--Not later than 180 days after the date of
enactment of the TSA Modernization Act, the Administrator shall enter
into an agreement, using other transaction authority under section
114(m) of this title, with at least 2 private sector entities to
increase the methods and capabilities available for the public to enroll
in the PreCheck Program.
``(c) Minimum Capability Requirements.--At least 1 agreement under
subsection (b) shall include the following capabilities:
``(1) Start-to-finish secure online or mobile enrollment
capability.
``(2) Vetting of an applicant by means other than
biometrics, such as a risk assessment, if--
``(A) such means--
``(i) are evaluated and certified by the
Secretary of Homeland Security;
``(ii) meet the definition of a qualified
anti-terrorism technology under section 865 of the
Homeland Security Act of 2002 (6 U.S.C. 444); and
[[Page 132 STAT. 3577]]
``(iii) are determined by the Administrator to
provide a risk assessment that is as effective as
a fingerprint-based criminal history records check
conducted through the Federal Bureau of
Investigation with respect to identifying
individuals who are not qualified to participate
in the PreCheck Program due to disqualifying
criminal history; and
``(B) with regard to private sector risk
assessments, the Secretary has certified that reasonable
procedures are in place with regard to the accuracy,
relevancy, and proper utilization of information
employed in such risk assessments.
``(d) Additional Capability Requirements.--At least 1 agreement
under subsection (b) shall include the following capabilities:
``(1) Start-to-finish secure online or mobile enrollment
capability.
``(2) Vetting of an applicant by means of biometrics if the
collection--
``(A) is comparable with the appropriate and
applicable standards developed by the National Institute
of Standards and Technology;
``(B) protects privacy and data security, including
that any personally identifiable information is
collected, retained, used, and shared in a manner
consistent with section 552a of title 5, United States
Code (commonly known as `Privacy Act of 1974'), and with
agency regulations;
``(C) is evaluated and certified by the Secretary of
Homeland Security; and
``(D) is determined by the Administrator to provide
a risk assessment that is as effective as a fingerprint-
based criminal history records check conducted through
the Federal Bureau of Investigation with respect to
identifying individuals who are not qualified to
participate in the PreCheck Program due to disqualifying
criminal history.
``(e) Target Enrollment.--Subject to subsections (b), (c), and (d),
the Administrator shall take actions to expand the total number of
individuals enrolled in the PreCheck Program as follows:
``(1) 7,000,000 passengers before October 1, 2019.
``(2) 10,000,000 passengers before October 1, 2020.
``(3) 15,000,000 passengers before October 1, 2021.
``(f) Marketing of PreCheck Program.--Not later than 90 days after
the date of enactment of the TSA Modernization Act, the Administrator
shall--
``(1) enter into at least 2 agreements, using other
transaction authority under section 114(m) of this title, to
market the PreCheck Program; and
``(2) implement a long-term strategy for partnering with the
private sector to encourage enrollment in such program.
``(g) Identity Verification Enhancement.--The Administrator shall--
``(1) coordinate with the heads of appropriate components of
the Department to leverage Department-held data and technologies
to verify the identity and citizenship of individuals enrolling
in the PreCheck Program;
[[Page 132 STAT. 3578]]
``(2) partner with the private sector to use biometrics and
authentication standards, such as relevant standards developed
by the National Institute of Standards and Technology, to
facilitate enrollment in the program; and
``(3) consider leveraging the existing resources and
abilities of airports to collect fingerprints for use in
background checks to expedite identity verification.
``(h) PreCheck Program Lanes Operation.--The Administrator shall--
``(1) ensure that PreCheck Program screening lanes are open
and available during peak and high-volume travel times at
appropriate airports to individuals enrolled in the PreCheck
Program; and
``(2) make every practicable effort to provide expedited
screening at standard screening lanes during times when PreCheck
Program screening lanes are closed to individuals enrolled in
the program in order to maintain operational efficiency.
``(i) Eligibility of Members of the Armed Forces for Expedited
Security Screening.--
``(1) In general.--Subject to paragraph (3), an individual
specified in paragraph (2) is eligible for expedited security
screening under the PreCheck Program.
``(2) Individuals specified.--An individual specified in
this subsection is any of the following:
``(A) A member of the Armed Forces, including a
member of a reserve component or the National Guard.
``(B) A cadet or midshipman of the United States
Military Academy, the United States Naval Academy, the
United States Air Force Academy, or the United States
Coast Guard Academy.
``(C) A family member of an individual specified in
subparagraph (A) or (B) who is younger than 12 years old
and accompanying the individual.
``(3) Implementation.--The eligibility of an individual
specified in paragraph (2) for expedited security screening
under the PreCheck Program is subject to such policies and
procedures as the Administrator may prescribe to carry out this
subsection, in consultation with the Secretary of Defense and,
with respect to the United States Coast Guard, the Commandant of
the United States Coast Guard.
``(j) Vetting for PreCheck Program Participants.--The Administrator
shall initiate an assessment to identify any security vulnerabilities in
the vetting process for the PreCheck Program, including determining
whether subjecting PreCheck Program participants to recurrent
fingerprint-based criminal history records checks, in addition to
recurrent checks against the terrorist watchlist, could be done in a
cost-effective manner to strengthen the security of the PreCheck
Program.
``(k) Assurance of Separate Program.--In carrying out this section,
the Administrator shall ensure that the additional private sector
application capabilities under subsections (b), (c), and (d) are
undertaken in addition to any other related TSA program, initiative, or
procurement, including the Universal Enrollment Services program.
``(l) Expenditure of Funds.--Any Federal funds expended by the
Administrator to expand PreCheck Program enrollment shall
[[Page 132 STAT. 3579]]
be expended in a manner that includes the requirements of this
section.''.
(b) Technical and Conforming Amendments.--
(1) Repeal.--Subtitle A of title III of the FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 44901 note) and the
items relating to that subtitle in the table of contents of that
Act are repealed.
(2) Table of contents.--The table of contents of chapter 449
is <<NOTE: 49 USC 44901 prec.>> amended by amending the item
relating to section 44919 to read as follows:
``44919. PreCheck Program.''.
(3) Screening passengers and property.--Section 44901(a) is
amended by striking ``44919 or''.
SEC. 1938. <<NOTE: 49 USC 44919 note.>> PRECHECK EXPEDITED
SCREENING.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall ensure that only a
traveler who is a member of a trusted traveler program specified in
subsection (b) is permitted to use a TSA PreCheck security screening
lane at a passenger screening checkpoint.
(b) Trusted Traveler Programs Specified.--A trusted traveler program
specified in this subsection is any of the following:
(1) The PreCheck Program under section 44919 of title 49,
United States Code.
(2) Any other program implemented by the TSA under section
109(a)(3) of the Aviation and Transportation Security Act (49
U.S.C. 114 note).
(3) Any other United States Government program that issues a
unique identifier, such as a known traveler number, that the TSA
accepts as validating that the individual holding such
identifier is a member of a known low-risk population.
(c) Exemptions.--Nothing in this section shall affect--
(1) the authority of the Administrator, under section 44927
of title 49, United States Code, to carry out expedited
screening for members of the Armed Forces with disabilities or
severe injuries or veterans with disabilities or severe
injuries; or
(2) the Honor Flight program under section 44928 of that
title.
(d) Low-risk Travelers.--Any traveler who is determined by the
Administrator to be low risk based on the traveler's age and who is not
a member of a trusted traveler program specified in subsection (b) shall
be permitted to utilize TSA PreCheck security screening lanes at
Transportation Security Administration checkpoints when traveling on the
same reservation as a member of such a program.
(e) Risk Modified Screening.--
(1) Pilot program.--Not later than 60 days after the date of
enactment of this Act and subject to paragraph (2), the
Administrator shall commence a pilot program regarding a risk
modified screening protocol for lanes other than designated TSA
PreCheck security screening lanes at passenger screening
checkpoints, in airports of varying categories, to further
segment passengers based on risk.
(2) Eligibility.--Only a low-risk passenger shall be
eligible to participate in the risk modified screening pilot
program under paragraph (1).
[[Page 132 STAT. 3580]]
(3) Definition of low-risk passenger.--In this subsection,
the term ``low-risk passenger'' means a passenger who--
(A) meets a risk-based, intelligence-driven criteria
prescribed by the Administrator; or
(B) undergoes a canine enhanced screening upon
arrival at the passenger screening checkpoint.
(4) Termination.--The pilot program shall terminate on the
date that is 120 days after the date it commences under
paragraph (1).
(5) Briefing.--Not later than 30 days after the termination
date under paragraph (4), the Administrator shall brief the
appropriate committees of Congress on the findings of the pilot
program, including--
(A) information relating to the security
effectiveness and passenger facilitation effectiveness
of the risk modified screening protocol;
(B) a determination regarding whether the risk
modified screening protocol was effective; and
(C) if the Administrator determined that the
protocol was effective, a plan for the deployment of the
protocol at as many TSA passenger screening checkpoints
as practicable.
(6) Implementation.--In determining whether deployment of
the protocol at a TSA passenger screening checkpoint at an
airport is practicable, the Administrator shall consider--
(A) the level of risk at the airport;
(B) the available space at the airport;
(C) passenger throughput levels at the airport;
(D) the checkpoint configuration at the airport; and
(E) adequate resources to appropriately serve
passengers in TSA PreCheck security screening lanes at
the passenger screening checkpoint.
(f) Working Group.--
(1) In general.--In carrying out subsection (e), the
Administrator shall establish a working group to advise the
Administrator on the development of plans for the deployment of
the protocol at TSA passenger screening checkpoints, other than
designated TSA PreCheck security screening lanes, in the most
effective and efficient manner practicable.
(2) Members.--The working group shall be comprised of
representatives of Category X, I, II, III, and IV airports and
air carriers (as the term is defined in section 40102 of title
49, United States Code).
(3) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working
group established under this subsection.
(g) Briefings.--
(1) In general.--The Administrator shall brief, on a
biannual basis, the appropriate committees of Congress on the
implementation of subsections (a) until the Administrator
certifies that only travelers who are members of trusted
traveler programs specified in subsection (b) are permitted to
use TSA PreCheck security screening lanes at passenger screening
checkpoints.
(2) Certification.--Upon a determination by the
Administrator that only travelers who are members of a trusted
traveler program specified in subsection (b) are permitted to
use TSA
[[Page 132 STAT. 3581]]
PreCheck security screening lanes at checkpoints in accordance
with subsection (a), the Administrator shall submit to the
appropriate committees of Congress a written certification
relating to such determination.
(h) Inspector General Assessments.--The Inspector General of the
Department shall assess and transmit to the appropriate committees of
Congress the Administrator's implementation under subsection (a).
(i) Expansion of TSA PreCheck Program Enrollment.--
(1) Long-term strategy.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall develop
and begin the implementation a long-term strategy to increase
enrollment in the TSA PreCheck Program.
(2) Considerations.--In developing the strategy under
paragraph (1), the Administrator shall consider the following:
(A) Partnering with air carriers (as the term is
defined in section 40102 of title 49, United States
Code) to incorporate PreCheck Program promotion
opportunities in the reservation process described in
section 1560.101 of title 49, Code of Federal
Regulations;
(B) Including in the PreCheck Program of an
individual who--
(i) holds a Secret, Top Secret, or Top Secret/
Sensitive Compartmented Information clearance,
unless the individual has had the individual's
clearance revoked or did not pass a periodic
reinvestigation; or
(ii) is a current, full-time Federal law
enforcement officer.
(C) Providing PreCheck Program enrollment
flexibility by offering secure mobile enrollment
platforms that facilitate in-person identity
verification and application data collection, such as
through biometrics.
(D) Reducing travel time to PreCheck Program
enrollment centers for applicants, including--
(i) by adjusting the locations and schedules
of existing PreCheck Program enrollment centers to
accommodate demand;
(ii) by seeking to colocate such enrollment
centers with existing facilities that support the
issuance of--
(I) United States passports; and
(II) Security Identification Display
Area credentials (as the term is defined
in section 1540.5 of title 49, Code of
Federal Regulations) located in public,
non-secure areas of airports if no
systems of an airport operator are used
in support of enrollment activities for
such credentials; and
(iii) by increasing the availability of
PreCheck Program enrollment platforms, such as
kiosks, tablets, or staffed laptop stations.
(E) The feasibility of providing financial
assistance or other incentives for PreCheck Program
enrollment for--
(i) children who are at least 12 years or
older, but less than 18 years old;
(ii) families consisting of 5 or more
immediate family members;
[[Page 132 STAT. 3582]]
(iii) private sector entities, including small
businesses, to establish PreCheck Program
enrollment centers in their respective facilities;
and
(iv) private sector entities, including small
business concerns (as the term is described in
section 3 of the Small Business Act (15 U.S.C.
632)), to reimburse an employee for the cost of
the PreCheck Program application.
SEC. 1939. TRUSTED TRAVELER PROGRAMS; COLLABORATION.
Not later than 180 days after the date of enactment of this Act, the
Administrator, in consultation with the Commissioner of U.S. Customs and
Border Protection, shall--
(1) review each trusted traveler program administered by
U.S. Customs and Border Protection and the PreCheck Program;
(2) identify any improvements that can be made to such
programs--
(A) to streamline and integrate the requirements and
operations of such programs to reduce administrative
burdens, including applications for inclusion and
determining whether a valid credential can satisfy the
requirements for another credential;
(B) to increase information and data sharing across
such programs; and
(C) to allow the public to access and link to the
applications for enrollment in all of such programs from
1 online portal;
(3) identify any law, including regulations, policy, or
procedure that may unnecessarily inhibit collaboration among
Department of Homeland Security agencies regarding such programs
or implementation of the improvements identified under paragraph
(2);
(4) recommend any legislative, administrative, or other
actions that can be taken to eliminate any unnecessary barriers
to collaboration or implementation identified in paragraph (3);
and
(5) submit to the appropriate committees of Congress a
report on the review, including any unnecessary barriers to
collaboration or implementation identified under paragraph (3),
and any recommendations under paragraph (4).
SEC. 1940. PASSENGER SECURITY FEE.
Section 44940(c) is amended by adding at the end the following:
``(3) Offsetting collections.--Beginning on October 1, 2027,
fees collected under subsection (a)(1) for any fiscal year shall
be credited as offsetting collections to appropriations made for
aviation security measures carried out by the Transportation
Security Administration, to remain available until expended.''.
SEC. 1941. THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY.
Section 1307 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1116) is amended by adding at the end
the following:
``(h) Third Party Canine Teams for Air Cargo Security.--
``(1) In general.--In order to enhance the screening of air
cargo and ensure that third party explosives detection canine
assets are leveraged for such purpose, the Administrator
[[Page 132 STAT. 3583]]
shall, not later than 180 days after the date of enactment of
the TSA Modernization Act--
``(A) develop and issue standards for the use of
such third party explosives detection canine assets for
the primary screening of air cargo;
``(B) develop a process to identify qualified non-
Federal entities that will certify canine assets that
meet the standards established by the Administrator
under subparagraph (A);
``(C) ensure that entities qualified to certify
canine assets shall be independent from entities that
will train and provide canines to end users of such
canine assets;
``(D) establish a system of Transportation Security
Administration audits of the process developed under
subparagraph (B); and
``(E) provide that canines certified for the primary
screening of air cargo can be used by air carriers,
foreign air carriers, freight forwarders, and shippers.
``(2) Implementation.--Beginning on the date that the
development of the process under paragraph (1)(B) is complete,
the Administrator shall--
``(A) facilitate the deployment of such assets that
meet the certification standards of the Administration,
as determined by the Administrator;
``(B) make such standards available to vendors
seeking to train and deploy third party explosives
detection canine assets; and
``(C) ensure that all costs for the training and
certification of canines, and for the use of supplied
canines, are borne by private industry and not the
Federal Government.
``(3) Definitions.--In this subsection:
``(A) Air carrier.--The term `air carrier' has the
meaning given the term in section 40102 of title 49,
United States Code.
``(B) Foreign air carrier.--The term `foreign air
carrier' has the meaning given the term in section 40102
of title 49, United States Code.
``(C) Third party explosives detection canine
asset.--The term `third party explosives detection
canine asset' means any explosives detection canine or
handler not owned or employed, respectively, by the
Transportation Security Administration.''.
SEC. 1942. KNOWN SHIPPER PROGRAM REVIEW.
The Administrator shall direct the Air Cargo Subcommittee of ASAC--
(1) to conduct a comprehensive review and security
assessment of the Known Shipper Program;
(2) to recommend whether the Known Shipper Program should be
modified or eliminated considering the full implementation of
100 percent screening under section 44901(g) of title 49, United
States Code; and
(3) to report its findings and recommendations to the
Administrator.
[[Page 132 STAT. 3584]]
SEC. 1943. ESTABLISHMENT OF AIR CARGO SECURITY DIVISION.
(a) In General.--Subchapter II of chapter 449 is amended by adding
at the end the following:
``Sec. 44947. <<NOTE: 49 USC 44947 note.>> Air cargo security
division
``(a) Establishment.--Not later than 90 days after the date of
enactment of the TSA Modernization Act, the Administrator shall
establish an air cargo security division to carry out and engage with
stakeholders regarding the implementation of air cargo security programs
established by the Administration.
``(b) Leadership; Staffing.--The air cargo security division
established pursuant to subsection (a) shall be headed by an individual
in the executive service within the TSA and be staffed by not fewer than
4 full-time equivalents, including the head of the division.
``(c) Staffing.--The Administrator of the Transportation Security
Administration shall staff the air cargo security division with existing
TSA personnel.''.
(b) Table of Contents.--The table of contents of chapter
449 <<NOTE: 49 USC 44901 prec.>> is amended by inserting after the item
related to section 44946 the following:
``44947. Air cargo security division.''.
SEC. 1944. AIR CARGO REGULATION REVIEW.
(a) Review.--Not later than 150 days after the date of enactment of
this Act, the Administrator shall--
(1) review the Certified Cargo Screening Program,
including--
(A) consideration of the degree to which the Program
is effective at fully addressing evolving threats to air
cargo, particularly as air cargo volumes fluctuate; and
(B) identification of any vulnerabilities in the
Program and effectiveness of information sharing with
air cargo security stakeholders; and
(2) submit to the appropriate committees of Congress a
report on the findings of the review under paragraph (1),
including--
(A) a description of the actions the Administrator
has taken to improve the Program; and
(B) a description of the actions the Administrator
will take to address the findings of the review under
paragraph (1), including any plans to issue new
rulemaking, if necessary.
SEC. 1945. GAO REVIEW.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) review the Department's analysis and intelligence pre-
screening processes and procedures for air cargo entering the
United States;
(2) review the pilot program conducted under section 1925;
(3) assess the effectiveness of the Department's risk-based
strategy for examining air cargo and ensuring compliance with
air cargo security law, including regulations; and
[[Page 132 STAT. 3585]]
(4) review the Department's information sharing procedures
and practices for disseminating information to relevant
stakeholders on preventing, mitigating, and responding to air
cargo related threats.
SEC. 1946. SCREENING PARTNERSHIP PROGRAM UPDATES.
(a) Security Screening Opt-Out Program.--Section 44920 is amended--
(1) in the heading by striking ``Security screening opt-out
program'' and inserting ``Screening partnership program'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--An airport operator may submit to the
Administrator of the Transportation Security Administration an
application to carry out the screening of passengers and property at the
airport under section 44901 by personnel of a qualified private
screening company pursuant to a contract entered into with the
Transportation Security Administration.'';
(3) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Not later than 60 days after the date of
receipt of an application submitted by an airport operator under
subsection (a), the Administrator shall approve or deny the
application.''; and
(B) in paragraphs (2) and (3), by striking ``Under
Secretary'' each place it appears and inserting
``Administrator'';
(4) in subsection (d)--
(A) in the heading, by striking ``Standards''
inserting ``Selection of Contracts and Standards'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) in paragraph (1)--
(i) by striking ``The Under Secretary may
enter'' and all that follows through ``certifies
to Congress that--'' and inserting ``The
Administrator shall, upon approval of the
application, provide the airport operator with a
list of qualified private screening companies.'';
and
(ii) by inserting before subparagraphs (A) and
(B) the following:
``(2) Contracts.--The Administrator shall, to the extent
practicable, enter into a contract with a private screening
company from the list provided under paragraph (1) for the
provision of screening at the airport not later than 120 days
after the date of approval of an application submitted by the
airport operator under subsection (a) if--''; and
(D) in paragraph (2), as redesignated--
(i) in subparagraph (A), by striking ``; and''
and inserting a semicolon;
(ii) in subparagraph (B)--
(I) by striking ``Under Secretary''
and inserting ``Administrator''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) the selected qualified private screening
company offered contract price is equal to or less than
the cost
[[Page 132 STAT. 3586]]
to the Federal Government to provide screening services
at the airport.''; and
(E) in paragraph (3), as redesignated--
(i) by striking ``paragraph (1)(B)'' and
inserting ``paragraph (2)(B)''; and
(ii) by striking ``Under Secretary'' each
place it appears and inserting ``Administrator'';
(5) in subsection (e)--
(A) in the heading, by striking ``Screened'' and
inserting ``Screening'';
(B) by striking the period at the end and inserting
``; and'';
(C) by striking ``The Under Secretary shall'' and
inserting ``The Administrator shall--'';
(D) by inserting ``(1)'' before ``provide Federal
Government'' and indenting appropriately; and
(E) by adding at the end the following:
``(2) undertake covert testing and remedial training support
for employees of private screening companies providing screening
at airports.'';
(6) in subsection (f)--
(A) in the heading, by inserting ``or Suspension''
after ``Termination'';
(B) by striking ``terminate'' and inserting
``suspend or terminate, as appropriate,''; and
(C) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator''; and
(7) by striking subsection (h) and inserting the following:
``(h) Evaluation of Screening Company Proposals for Award.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of law, including title 48
of the Code of Federal Regulations and the Federal Advisory
Committee Act (5 U.S.C. App.), an airport operator that has
applied and been approved to have security screening services
carried out by a qualified private screening company under
contract with the Administrator may nominate to the head of the
contracting activity an individual to participate in the
evaluation of proposals for the award of such contract.
``(2) Participation on a proposal evaluation committee.--Any
participation on a proposal evaluation committee under paragraph
(1) shall be conducted in accordance with chapter 21 of title
41.
``(i) Innovative Screening Approaches and Technologies.--The
Administrator shall encourage an airport operator to whom screening
services are provided under this section to recommend to the
Administrator innovative screening approaches and technologies. Upon
receipt of any such recommendations, the Administrator shall review and,
if appropriate, test, conduct a pilot project, and, if appropriate,
deploy such approaches and technologies.''.
(b) Feasibility Assessment.--
(1) In general.--The Administrator, in consultation with
airport operators and airlines, shall submit to the appropriate
committees of Congress an assessment of the feasibility of
modifying the Screening Partnership Program to allow an
individual airport terminal to participate in the Screening
Partnership Program.
[[Page 132 STAT. 3587]]
(2) Considerations.--In conducting the assessment under
paragraph (1), the Administrator shall consider--
(A) potential benefits and costs, including with
respect to the efficacy of security operations, of such
an approach;
(B) potential impacts on security operations; and
(C) potential impacts on recruitment, hiring, and
retention.
(c) <<NOTE: 49 USC 44920 note.>> Applications Submitted Before the
Date of Enactment.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall approve or deny, in accordance with
section 44920(b) of title 49, United States Code, as amended by this
Act, each application submitted before the date of enactment of this
Act, by an airport operator under subsection (a) of that section, that
is awaiting such a determination.
SEC. 1947. <<NOTE: 49 USC 44901 note.>> SCREENING PERFORMANCE
ASSESSMENTS.
Subject to part 1520 of title 49, Code of Federal Regulations, the
Administrator shall quarterly make available to the airport director of
an airport--
(1) an assessment of the screening performance of that
airport compared to the mean average performance of all airports
in the equivalent airport category for screening performance
data; and
(2) a briefing on the results of performance data reports,
including--
(A) a scorecard of objective metrics developed by
the Office of Security Operations to measure screening
performance, such as results of annual proficiency
reviews and covert testing, at the appropriate level of
classification; and
(B) other performance data, including--
(i) passenger throughput;
(ii) wait times; and
(iii) employee attrition, absenteeism, injury
rates, and any other human capital measures
collected by the TSA.
SEC. 1948. TRANSPORTATION SECURITY TRAINING PROGRAMS.
(a) In General.--Section 44935 is amended--
(1) by striking ``(i) Accessibility of Computer-based
Training Facilities.--'' and inserting ``(k) Accessibility of
Computer-based Training Facilities.--''; and
(2) by adding at the end the following:
``(l) Initial and Recurring Training.--
``(1) In general.--The Administrator shall establish a
training program for new security screening personnel located at
the Transportation Security Administration Academy.
``(2) Recurring training.--
``(A) In general.--Not later than 180 days after the
date of enactment of the TSA Modernization Act, the
Administrator shall establish recurring training for
security screening personnel regarding updates to
screening procedures and technologies, including, in
response to weaknesses identified in covert tests at
airports--
``(i) methods to identify the verification of
false or fraudulent travel documents; and
``(ii) training on emerging threats.
[[Page 132 STAT. 3588]]
``(B) Contents.--The training under subparagraph (A)
shall include--
``(i) internal controls for monitoring and
documenting compliance of transportation security
officers with such training requirements; and
``(ii) such other matters as identified by the
Administrator with regard to such training.''.
(b) GAO Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) examine the effectiveness of the new security screening
personnel training under section 44935(l) of title 49, United
States Code; and
(2) submit to the appropriate committees of Congress a
report on the findings under paragraph (1), including any
recommendations.
SEC. 1949. <<NOTE: 49 USC 44903 note.>> TRAVELER REDRESS
IMPROVEMENT.
(a) Redress Process.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Administrator, using existing
resources, systems, and processes, shall ensure the availability
of the Department of Homeland Security Traveler Redress Inquiry
Program (referred to in this section as ``DHS TRIP'') redress
process to adjudicate an inquiry for an individual who--
(A) is a citizen of the United States or alien
lawfully admitted for permanent residence;
(B) has filed the inquiry with DHS TRIP after
receiving enhanced screening at an airport passenger
security checkpoint more than 3 times in any 60-day
period; and
(C) believes the individual has been wrongly
identified as being a threat to aviation security.
(2) Briefing.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on the implementation of the
redress process required under paragraph (1).
(b) Privacy Impact Review and Update.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and update
the Privacy Impact Assessment for the Secure Flight programs to
ensure the assessment accurately reflects the operation of such
programs.
(2) Public dissemination; form.--The Administrator shall--
(A) publish the Secure Flight Privacy Impact
Assessment review and update required under paragraph
(1) on a publicly-accessible internet webpage of the
TSA; and
(B) submit the Secure Flight Privacy Impact
Assessment review and update to the appropriate
committees of Congress.
(c) Rule Review and Notification Process.--
(1) Rule review.--Not later than 60 days after the date of
enactment of this Act, and every 120 days thereafter, the
Assistant Administrator of the Office of Intelligence and
Analysis of the TSA, in coordination with the entities specified
in paragraph (3), shall identify and review the screening rules
established by the Office of Intelligence and Analysis of TSA.
[[Page 132 STAT. 3589]]
(2) Notification process.--Not later than 2 days after the
date that any change to a rule identified under paragraph (1) is
made, the Assistant Administrator of the Office of Intelligence
and Analysis of the TSA shall notify the entities specified in
paragraph (3) of the change.
(3) Entities specified.--The entities specified in this
paragraph are as follows:
(A) The Office of Civil Rights and Liberties,
Ombudsman, and Traveler Engagement of the TSA.
(B) The Office of Civil Rights and Liberties of the
Department.
(C) The Office of Chief Counsel of the TSA.
(D) The Office of General Counsel of the Department.
(E) The Privacy Office of the Administration.
(F) The Privacy Office of the Department.
(G) The Federal Air Marshal Service.
(H) The Traveler Redress Inquiry Program of the
Department.
(d) Federal Air Marshal Service Coordination.--
(1) In general.--The Administrator shall ensure that the
rules identified in subsection (c) are taken into account for
Federal Air Marshal mission scheduling.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on whether, and if
so how, the rules identified in subsection (c) are incorporated
in the risk analysis conducted during the Federal Air Marshal
mission scheduling process.
(e) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) study the rules identified under subsection (c)(1),
including--
(A) whether the rules are effective in mitigating
potential threats to aviation security; and
(B) whether, and if so how, the TSA coordinates with
the Department regarding any proposed change to a rule;
and
(2) submit to the appropriate committees of Congress a
report on the findings under paragraph (1), including any
recommendations.
SEC. 1950. <<NOTE: 49 USC 44901 note.>> IMPROVEMENTS FOR
SCREENING OF PASSENGERS WITH
DISABILITIES.
(a) Revised Training.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with
nationally-recognized veterans and disability organizations,
shall revise the training requirements for Transportation
Security Officers related to the screening of passengers with
disabilities, including passengers with disabilities who
participate in the PreCheck program.
(2) Training specifications.--In revising the training
requirements under paragraph (1), the Administrator shall
address the proper screening, and any particular sensitivities
related to the screening, of a passenger with a disability--
[[Page 132 STAT. 3590]]
(A) traveling with a medical device, including an
indwelling medical device;
(B) traveling with a prosthetic;
(C) traveling with a wheelchair, walker, scooter, or
other mobility device;
(D) traveling with a service animal; or
(E) with sensitivities to touch, pressure, sound, or
hypersensitivity to stimuli in the environment.
(3) Training frequency.--The Administrator shall implement
the revised training under paragraph (1) during initial and
recurrent training of all Transportation Security Officers.
(b) Best Practices.--The individual at the TSA responsible for civil
rights, liberties, and traveler engagement shall--
(1) record each complaint from a passenger with a disability
regarding the screening practice of the TSA;
(2) identify the most frequent concerns raised, or
accommodations requested, in the complaints;
(3) determine the best practices for addressing the concerns
and requests identified in paragraph (2); and
(4) recommend appropriate training based on such best
practices.
(c) Signage.--At each category X airport, the TSA shall place
signage at each security checkpoint that--
(1) specifies how to contact the appropriate TSA employee at
the airport designated to address complaints of screening
mistreatment based on disability; and
(2) describes how to receive assistance from that individual
or other qualified personnel at the security screening
checkpoint.
(d) Reports to Congress.--Not later than September 30 of the first
full fiscal year after the date of enactment of this Act, and each
fiscal year thereafter, the Administrator shall submit to the
appropriate committees of Congress a report on the checkpoint
experiences of passengers with disabilities, including the following:
(1) The number and most frequent types of disability-related
complaints received.
(2) The best practices recommended under subsection (b) to
address the top areas of concern.
(3) The estimated wait times for assist requests for
passengers with disabilities, including disabled passengers who
participate in the PreCheck program.
SEC. 1951. <<NOTE: 49 USC 44901 note.>> AIR CARGO ADVANCE
SCREENING PROGRAM.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection and the Administrator, consistent with the requirements of
the Trade Act of 2002 (Public Law 107-210) shall--
(1) establish an air cargo advance screening program
(referred to in this section as the ``ACAS Program'') for the
collection of advance electronic information from air carriers
and other persons within the supply chain regarding cargo being
transported to the United States by air;
(2) under such program, require that such information be
transmitted by such air carriers and other persons at the
earliest point practicable prior to loading of such cargo onto
an aircraft destined to or transiting through the United States;
[[Page 132 STAT. 3591]]
(3) establish appropriate communications systems with
freight forwarders, shippers, and air carriers;
(4) establish a system that will allow freight forwarders,
shippers, and air carriers to provide shipment level data for
air cargo, departing from any location that is inbound to the
United States; and
(5) identify opportunities in which the information
furnished in compliance with the ACAS Program could be used by
the Administrator.
(b) Inspection of High-risk Cargo.--Under the ACAS Program, the
Commissioner of U.S. Customs and Border Protection and the Administrator
shall ensure that all cargo that has been identified as high-risk is
inspected--
(1) prior to the loading of such cargo onto aircraft at the
last point of departure; or
(2) at an earlier point in the supply chain, before
departing for the United States.
(c) Consultation.--In carrying out the ACAS Program, the
Commissioner of U.S. Customs and Border Protection and the Administrator
shall consult with relevant stakeholders, as appropriate, to ensure that
an operationally feasible and practical approach to--
(1) the collection of advance information with respect to
cargo on aircraft departing for the United States is applied;
and
(2) the inspection of high-risk cargo recognizes the
significant differences among air cargo business models and
modes of transportation.
(d) Analysis.--The Commissioner of U.S. Customs and Border
Protection and the Administrator may analyze the information described
in subsection (a) in the Department of Homeland Security's automated
targeting system and integrate such information with other intelligence
to enhance the accuracy of the risk assessment process under the ACAS
Program.
(e) No Duplication.--The Commissioner of U.S. Customs and Border
Protection and the Administrator shall carry out this section in a
manner that, after the ACAS Program is fully in effect, ensures, to the
greatest extent practicable, that the ACAS Program does not duplicate
other Department programs or requirements relating to the submission of
air cargo data or the inspection of high-risk cargo.
(f) Consideration of Industry.--In carrying out the ACAS Program,
the Commissioner of U.S. Customs and Border Protection and the
Administrator shall--
(1) consider the content and timeliness of the available
data may vary among entities in the air cargo industry and among
countries;
(2) explore procedures to accommodate the variations
described in paragraph (1) while maximizing the contribution of
such data to the risk assessment process under the ACAS Program;
(3) test the business processes, technologies, and
operational procedures required to provide advance information
with respect to cargo on aircraft departing for the United
States and carry out related inspection of high-risk cargo,
while ensuring delays and other negative impacts on vital supply
chains are minimized; and
[[Page 132 STAT. 3592]]
(4) consider the cost, benefit, and feasibility before
establishing any set time period for submission of certain
elements of the data for air cargo under this section in line
with the regulatory guidelines specified in Executive Order
13563 or any successor Executive order or regulation.
(g) Guidance.--The Commissioner of U.S. Customs and Border
Protection and the Administrator shall provide guidance for participants
in the ACAS Program regarding the requirements for participation,
including requirements for transmitting shipment level data.
(h) Use of Data.--The Commissioner of U.S. Customs and Border
Protection and the Administrator shall use the data provided under the
ACAS Program for targeting shipments for screening and aviation security
purposes only.
(i) Final Rule.--Not later than 180 days after the date of enactment
of this Act, the Commissioner of U.S. Customs and Border Protection, in
coordination with the Administrator, shall issue a final regulation to
implement the ACAS Program to include the electronic transmission to
U.S. Customs and Border Protection of data elements for targeting cargo,
including appropriate security elements of shipment level data.
(j) Report.--Not later than 180 days after the date of the
commencement of the ACAS Program, the Commissioner of U.S. Customs and
Border Protection and the Administrator shall submit to the appropriate
committees of Congress a report detailing the operational implementation
of providing advance information under the ACAS Program and the value of
such information in targeting cargo.
SEC. 1952. <<NOTE: Securing General Aviation and Charter Air
Carrier Service Act.>> GENERAL AVIATION
AIRPORTS.
(a) <<NOTE: 49 USC 44903 note.>> Short Title.--This section may be
cited as the ``Securing General Aviation and Charter Air Carrier Service
Act''.
(b) Advanced Passenger Prescreening System.--Not later than 120 days
after the date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the status of the
deployment of the advanced passenger prescreening system, and access
thereto for certain aircraft charter operators, as required by section
44903(j)(2)(E) of title 49, United States Code, including--
(1) the reasons for the delay in deploying the system; and
(2) a detailed schedule of actions necessary for the
deployment of the system.
(c) Screening Services Other Than in Primary Passenger Terminals.--
(1) In general.--Subject to the provisions of this
subsection, the Administrator may provide screening services to
a charter air carrier in an area other than the primary
passenger terminal of an applicable airport.
(2) Requests.--A request for screening services under
paragraph (1) shall be made at such time, in such form, and in
such manner as the Administrator may require, except that the
request shall be made to the Federal Security Director for the
applicable airport at which the screening services are
requested.
(3) Availability.--A Federal Security Director may provide
requested screening services under this section if the Federal
[[Page 132 STAT. 3593]]
Security Director determines such screening services are
available.
(4) Agreements.--
(A) Limitation.--No screening services may be
provided under this section unless a charter air carrier
agrees in writing to compensate the TSA for all
reasonable costs, including overtime, of providing the
screening services.
(B) Payments.--Notwithstanding section 3302 of title
31, United States Code, payment received under
subparagraph (A) shall be credited to the account that
was used to cover the cost of providing the screening
services. Amounts so credited shall be merged with
amounts in that account, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as other amounts in that account.
(5) Definitions.--In this subsection:
(A) Applicable airport.--The term ``applicable
airport'' means an airport that--
(i) is not a commercial service airport; and
(ii) is receiving screening services for
scheduled passenger aircraft.
(B) Charter air carrier.--The term ``charter air
carrier'' has the meaning given the term in section
40102 of title 49, United States Code.
(C) Screening services.--The term ``screening
services'' means the screening of passengers and
property similar to the screening of passengers and
property described in section 44901 of title 49, United
States Code.
(d) Report.--Not later than 120 days after the date of enactment of
this Act, the Administrator, in consultation with the ASAC, shall,
consistent with the requirements of paragraphs (6) and (7) of section
44946(b) of title 49, United States Code, submit to the appropriate
Committees of Congress an implementation plan, including an
implementation schedule, for any of the following recommendations that
were adopted by the ASAC and with which the Administrator has concurred
before the date of the enactment of this Act:
(1) The recommendation regarding general aviation access to
Ronald Reagan Washington National Airport, as adopted on
February 17, 2015.
(2) The recommendation regarding the vetting of persons
seeking flight training in the United States, as adopted on July
28, 2016.
(3) Any other such recommendations relevant to the security
of general aviation adopted before the date of the enactment of
this Act.
(e) Designated Staffing.--The Administrator may designate 1 or more
full-time employees of the TSA to liaise with, and respond to issues
raised by, general aviation stakeholders.
(f) Security Enhancements.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation with the ASAC,
shall submit to the appropriate committees of Congress a report on the
feasibility of requiring a security threat assessment before an
individual could obtain training from a private flight school to operate
an aircraft having a maximum certificated takeoff weight of more than
12,500 pounds.
[[Page 132 STAT. 3594]]
Subtitle E--Foreign Airport Security
SEC. 1953. <<NOTE: 49 USC 44907 note.>> LAST POINT OF DEPARTURE
AIRPORTS; SECURITY DIRECTIVES.
(a) Notice and Consultation.--
(1) In general.--The Administrator shall, to the maximum
extent practicable, consult and notify the following
stakeholders prior to making changes to security standards via
security directives and emergency amendments for last points of
departure:
(A) Trade association representatives, for affected
air carriers and airports, who hold the appropriate
security clearances.
(B) The head of each relevant Federal department or
agency, including the Administrator of the Federal
Aviation Administration.
(2) Transmittal to congress.--Not later than 3 days after
the date that the Administrator issues a security directive or
emergency amendment for a last point of departure, the
Administrator shall transmit to the appropriate committees of
Congress a description of the extent to which the Administrator
consulted and notified the stakeholders under paragraph (1).
(b) GAO Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall review the effectiveness of the TSA process to
update, consolidate, or revoke security directives, emergency
amendments, and other policies related to international aviation
security at last point of departure airports and submit to the
appropriate committees of Congress and the Administrator a
report on the findings and recommendations.
(2) Contents.--In conducting the review under paragraph (1),
the Comptroller General shall--
(A) review current security directives, emergency
amendments, and any other policies related to
international aviation security at last point of
departure airports;
(B) review the extent of intra-agency and
interagency coordination, stakeholder outreach,
coordination, and feedback; and
(C) review TSA's process and criteria for, and
implementation of, updating or revoking the policies
described in subparagraph (A).
(c) Rescreening.--Subject to section 44901(d)(4)(c) of title 49,
United States Code, upon discovery of specific threat intelligence, the
Administrator shall immediately direct TSA personnel to rescreen
passengers and baggage arriving from an airport outside the United
States and identify enhanced measures that should be implemented at that
airport.
(d) Notification to Congress.--Not later than 1 day after the date
that the Administrator determines that a foreign air carrier is in
violation of part 1546 of title 49, Code of Federal Regulations, or any
other applicable security requirement, the Administrator shall notify
the appropriate committees of Congress.
[[Page 132 STAT. 3595]]
(e) Decisions Not Subject to Judicial Review.--Notwithstanding any
other provision of law, any decision of the Administrator under
subsection (a)(1) relating to consultation or notification shall not be
subject to judicial review.
SEC. 1954. LAST POINT OF DEPARTURE AIRPORT ASSESSMENT.
Section 44907(a)(2)(B) is amended by inserting ``, including the
screening and vetting of airport workers'' before the semicolon.
SEC. 1955. TRACKING SECURITY SCREENING EQUIPMENT FROM LAST POINT
OF DEPARTURE AIRPORTS.
(a) Donation of Screening Equipment To Protect the United States.--
Chapter 449 is amended--
(1) in subchapter I, by adding at the end the following:
``Sec. 44929. <<NOTE: 49 USC 44929.>> Donation of screening
equipment to protect the United States
``(a) In General.--Subject to subsection (b), the Administrator is
authorized to donate security screening equipment to a foreign last
point of departure airport operator if such equipment can be reasonably
expected to mitigate a specific vulnerability to the security of the
United States or United States citizens.
``(b) Conditions.--Before donating any security screening equipment
to a foreign last point of departure airport operator the Administrator
shall--
``(1) ensure that the screening equipment has been restored
to commercially available settings;
``(2) ensure that no TSA-specific security standards or
algorithms exist on the screening equipment; and
``(3) verify that the appropriate officials have an adequate
system--
``(A) to properly maintain and operate the screening
equipment; and
``(B) to document and track any removal or disposal
of the screening equipment to ensure the screening
equipment does not come into the possession of
terrorists or otherwise pose a risk to security.
``(c) Reports.--Not later than 30 days before any donation of
security screening equipment under subsection (a), the Administrator
shall provide to the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a detailed written explanation of the following:
``(1) The specific vulnerability to the United States or
United States citizens that will be mitigated by such donation.
``(2) An explanation as to why the recipient of such
donation is unable or unwilling to purchase security screening
equipment to mitigate such vulnerability.
``(3) An evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made.
``(4) How the Administrator will ensure the security
screening equipment that is being donated is used and maintained
over the course of its life by the recipient.
``(5) The total dollar value of such donation.
``(6) How the appropriate officials will document and track
any removal or disposal of the screening equipment by the
[[Page 132 STAT. 3596]]
recipient to ensure the screening equipment does not come into
the possession of terrorists or otherwise pose a risk to
security.''; and
(2) <<NOTE: 49 USC 44901 prec.>> in the table of contents,
by inserting after the item relating to section 44928 the
following:
``44929. Donation of screening equipment to protect the United
States.''.
(b) Technical and Conforming Amendments.--Section 3204 of the
Aviation Security Act of 2016 (49 U.S.C. 44901 note) and the item
relating to that section in the table of contents of that Act are
repealed.
(c) <<NOTE: 49 USC 44901 note.>> Raising International Standards.--
Not later than 90 days after the date of enactment of this Act, the
Administrator shall collaborate with other aviation authorities and the
United States Ambassador or the Charge d'Affaires to the United States
Mission to the International Civil Aviation Organization, as applicable,
to advance a global standard for each international airport to document
and track the removal and disposal of any security screening equipment
to ensure the screening equipment does not come into the possession of
terrorists or otherwise pose a risk to security.
SEC. 1956. <<NOTE: 49 USC 44901 note.>> INTERNATIONAL SECURITY
STANDARDS.
(a) Global Aviation Security Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with
the Commissioner of the U.S. Customs and Border Protection, the
Director of the Office of International Engagement of the
Department of Homeland Security, and the Secretary of State,
shall conduct a global aviation security review to improve
aviation security standards, including standards intended to
mitigate cybersecurity threats, across the global aviation
system.
(2) Best practices.--The global aviation security review
shall establish best practices regarding the following:
(A) Collaborating with foreign partners to improve
global aviation security capabilities and standards.
(B) Identifying foreign partners that--
(i) have not successfully implemented security
protocols from the International Civil Aviation
Organization or the Department of Homeland
Security; and
(ii) have not taken steps to implement such
security protocols;
(C) Improving the development, outreach, and
implementation process for security directives or
emergency amendments issued to domestic and foreign air
carriers.
(D) Assessing the cybersecurity risk of security
screening equipment.
(b) Notification.--Not later than 90 days after the date of
enactment of this Act, the Administrator, in consultation with the
United States Ambassador to the International Civil Aviation
Organization, shall notify the Committee on Commerce, Science, and
Transportation and the Committee on Foreign Relations of the Senate, and
the Committee on Homeland Security and the Committee on Foreign Affairs
of the House of Representatives of
[[Page 132 STAT. 3597]]
the progress of the review under subsection (a) and any proposed
international improvements to aviation security.
(c) ICAO.--Subject to subsection (a), the Administrator and
Ambassador shall take such action at the International Civil Aviation
Organization as the Administrator and Ambassador consider necessary to
advance aviation security improvement proposals, including if
practicable, introducing a resolution to raise minimum standards for
aviation security.
(d) Briefings to Congress.--Beginning not later than 180 days after
the date of enactment of this Act, and periodically thereafter, the
Administrator, in consultation with the Ambassador with respect to
subsection (c), shall brief the Committee on Commerce, Science, and
Transportation and the Committee on Foreign Relations of the Senate, and
the Committee on Homeland Security and the Committee on Foreign Affairs
of the House of Representatives on the implementation of subsections (a)
and (b).
SEC. 1957. AVIATION SECURITY IN CUBA.
(a) Security of Public Charter Operations.--The Administrator of the
Transportation Security Administration, in coordination with the
Secretary of Transportation and the Administrator of the Federal
Aviation Administration, shall--
(1) direct all public charters operating flights between the
United States and Cuba to provide updated flight schedules to,
and maintain such schedules with, the Transportation Security
Administration; and
(2) develop and implement a mechanism that corroborates and
validates flight schedule data to more reliably track the public
charter operations of air carriers between the United States and
Cuba.
(b) Briefing on Security at Airports in Cuba.--The Administrator
shall provide to Congress (including the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate) a confidential briefing on the
following aspects of security measures at airports in Cuba that have air
service to the United States:
(1) Details about the type of equipment used at screening
checkpoints and an analysis of the capabilities and weaknesses
of that equipment.
(2) Information about each such airport's canine screening
program, if used.
(3) The frequency of training for screening and security
personnel.
(4) Access controls in place to ensure only credentialed
personnel have access to the secure and sterile areas of such
airports.
(5) An assessment of the ability of known or suspected
terrorists to use Cuba as a gateway to entering the United
States.
(6) Security of such airports' perimeters.
(7) The vetting practices and procedures for airport
employees.
(8) Any other information the Administrator considers
relevant to the security practices, procedures, and equipment in
place at such airports.
[[Page 132 STAT. 3598]]
SEC. 1958. REPORT ON AIRPORTS USED BY MAHAN AIR.
(a) In General.--Not later than 120 days after the date of enactment
of this Act, and annually thereafter through 2021, the Secretary of
Homeland Security, in consultation with the Secretary of Transportation,
the Secretary of State, the Secretary of the Treasury, and the Director
of National Intelligence, shall submit to Congress a report that
includes--
(1) a list of all airports at which aircraft owned or
controlled by Mahan Air have landed during the 2 years preceding
the submission of the report; and
(2) for each such airport--
(A) an assessment of whether aircraft owned or
controlled by Mahan Air continue to conduct operations
at that airport;
(B) an assessment of whether any of the landings of
aircraft owned or controlled by Mahan Air were
necessitated by an emergency situation;
(C) a determination regarding whether additional
security measures should be imposed on flights to the
United States that originate from that airport; and
(D) an explanation of the rationale for that
determination.
(b) Form of Report.--Each report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Publication of List.--The list required by subsection (a)(1)
shall be publicly and prominently posted on the website of the
Department of Homeland Security on the date on which the report required
by subsection (a) is submitted to Congress.
Subtitle F--Cockpit and Cabin Security
SEC. 1959. FEDERAL AIR MARSHAL SERVICE UPDATES.
(a) <<NOTE: 49 USC 44917 note.>> Standardization.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall develop a
standard written agreement that shall be the basis of all
negotiations and agreements that begin after the date of
enactment of this Act between the United States and foreign
governments or partners regarding the presence of Federal air
marshals on flights to and from the United States, including
deployment, technical assistance, and information sharing.
(2) Written agreements.--Except as provided in paragraph
(3), not later than 180 days after the date of enactment of this
Act, all agreements between the United States and foreign
governments or partners regarding the presence of Federal air
marshals on flights to and from the United States shall be in
writing and signed by the Administrator or other authorized
United States Government representative.
(3) Exception.--The Administrator may schedule Federal air
marshal service on flights operating to a foreign country with
which no written agreement is in effect if the Administrator
determines that--
(A) such mission is necessary for aviation security;
and
(B) the requirements of paragraph (4)(B) are met.
[[Page 132 STAT. 3599]]
(4) Notification to congress.--
(A) Written agreements.--Not later than 30 days
after the date that the Administrator enters into a
written agreement under this section, the Administrator
shall transmit to the appropriate committees of Congress
a copy of the agreement.
(B) No written agreements.--The Administrator shall
submit to the appropriate committees of Congress--
(i) not later than 30 days after the date of
enactment of this Act, a list of each foreign
government or partner that does not have a written
agreement under this section, including an
explanation for why no written agreement exists
and a justification for the determination that
such a mission is necessary for aviation security;
and
(ii) not later than 30 days after the date
that the Administrator makes a determination to
schedule Federal air marshal service on flights
operating to a foreign country with which no
written agreement is in effect under paragraph
(3), the name of the applicable foreign government
or partner, an explanation for why no written
agreement exists, and a justification for the
determination that such mission is necessary for
aviation security.
(b) <<NOTE: 49 USC 44917 note.>> Mission Scheduling Automation.--
The Administrator shall endeavor to acquire automated capabilities or
technologies for scheduling Federal air marshal service missions based
on current risk modeling.
(c) <<NOTE: 49 USC 44917 note.>> Improving Federal Air Marshal
Service Deployments.--
(1) After-action reports.--The Administrator shall
strengthen internal controls to ensure that all after-action
reports on Federal air marshal service special mission coverage
provided to stakeholders include documentation of supervisory
review and approval, and mandatory narratives.
(2) Study.--The Administrator shall contract with an
independent entity to conduct a validation and verification
study of the risk analysis and risk-based determinations guiding
Federal air marshal service deployment, including the use of
risk-based strategies under subsection (d).
(3) Cost-benefit analysis.--The Administrator shall conduct
a cost-benefit analysis regarding mitigation of aviation
security threats through Federal air marshal service deployment.
(4) Performance measures.--The Administrator shall improve
existing performance measures to better determine the
effectiveness of in-flight operations in addressing the highest
risks to aviation transportation based on current intelligence.
(5) Long distance flights.--Section 44917 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (d) as
subsections (b) through (c), respectively.
(d) Use of Risk-based Strategies.--
(1) In general.--Section 44917(a) is amended--
(A) in paragraph (7), by striking ``and'' after the
semicolon at the end;
[[Page 132 STAT. 3600]]
(B) in paragraph (8), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(9) shall require the Federal Air Marshal Service to
utilize a risk-based strategy when allocating resources between
international and domestic flight coverage, including when
initially setting its annual target numbers of average daily
international and domestic flights to cover;
``(10) shall require the Federal Air Marshal Service to
utilize a risk-based strategy to support domestic allocation
decisions;
``(11) shall require the Federal Air Marshal Service to
utilize a risk-based strategy to support international
allocation decisions; and
``(12) shall ensure that the seating arrangements of Federal
air marshals on aircraft are determined in a manner that is
risk-based and most capable of responding to current threats to
aviation security.''.
(2) Briefing.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on the Federal Air Marshal
Service's compliance with the requirements under paragraphs (9)
through (12) of section 44917(a) of title 49, United States
Code, as added by this Act, and the documented methodology used
by the Federal Air Marshal Service to conduct risk assessments
in accordance with such paragraphs.
(3) <<NOTE: 49 USC 44917 note.>> Implementation deadline.--
Not later than 180 days after the date of enactment of this Act,
the Administrator shall begin implementing the requirements
under paragraphs (9) through (12) of section 44917(a), United
States Code, as added by this Act.
SEC. 1960. <<NOTE: 49 USC 44918 note.>> CREW MEMBER SELF-DEFENSE
TRAINING.
The Administrator, in consultation with the Administrator of the
Federal Aviation Administration, shall continue to carry out and
encourage increased participation by air carrier employees in the
voluntary self-defense training program under section 44918(b) of title
49, United States Code.
SEC. 1961. <<NOTE: 49 USC 44921 note.>> FLIGHT DECK SAFETY AND
SECURITY.
(a) Threat Assessment.--Not later than 90 days after the date of
enactment of this Act, the Administrator, in consultation with the
Administrator of the Federal Aviation Administration, shall complete a
detailed threat assessment to identify any safety or security risks
associated with unauthorized access to the flight decks on commercial
aircraft and any appropriate measures that should be taken based on the
risks.
(b) RTCA Report.--The Administrator, in coordination with the
Administrator of the Federal Aviation Administration, shall disseminate
RTCA Document (DO-329) Aircraft Secondary Barriers and Alternative
Flight Deck Security Procedure to aviation stakeholders, including air
carriers and flight crew, to convey effective methods and best practices
to protect the flight deck.
[[Page 132 STAT. 3601]]
SEC. 1962. <<NOTE: 49 USC 44901 note.>> CARRIAGE OF WEAPONS,
EXPLOSIVES, AND INCENDIARIES BY
INDIVIDUALS.
(a) Interpretive Rule.--Subject to subsections (b) and (c), the
Administrator shall periodically review and amend, as necessary, the
interpretive rule (68 Fed. Reg. 7444) that provides guidance to the
public on the types of property considered to be weapons, explosives,
and incendiaries prohibited under section 1540.111 of title 49, Code of
Federal Regulations.
(b) Considerations.--Before determining whether to amend the
interpretive rule to include or remove an item from the prohibited list,
the Administrator shall--
(1) research and evaluate--
(A) the impact, if any, the amendment would have on
security risks;
(B) the impact, if any, the amendment would have on
screening operations, including effectiveness and
efficiency; and
(C) whether the amendment is consistent with
international standards and guidance, including of the
International Civil Aviation Organization; and
(2) consult with appropriate aviation security stakeholders,
including ASAC.
(c) Exceptions.--Except for plastic or round bladed butter knives,
the Administrator may not amend the interpretive rule described in
subsection (a) to authorize any knife to be permitted in an airport
sterile area or in the cabin of an aircraft.
(d) Notification.--The Administrator shall--
(1) publish in the Federal Register any amendment to the
interpretive rule described in subsection (a); and
(2) notify the appropriate committees of Congress of the
amendment not later than 3 days before publication under
paragraph (1).
SEC. 1963. FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS.
(a) Improved Access to Training Facilities.--Section
44921(c)(2)(C)(ii) is amended--
(1) by striking ``The training of'' and inserting the
following:
``(I) In general.--The training
of'';
(2) in subclause (I), as designated, by striking ``approved
by the Under Secretary''; and
(3) by adding at the end the following:
``(II) Access to training
facilities.--The Administrator shall
designate additional firearms training
facilities located in various regions of
the United States for Federal flight
deck officers for recurrent and
requalifying training relative to the
number of such facilities available on
the day before such date of
enactment.''.
(b) Firearms Requalification.--Section 44921(c)(2)(C) is amended--
(1) in clause (iii)--
(A) by striking ``The Under Secretary shall'' and
inserting the following:
``(I) In general.--The Administrator
shall'';
[[Page 132 STAT. 3602]]
(B) in subclause (I), as designated by subparagraph
(A), by striking ``the Under Secretary'' and inserting
``the Administrator''; and
(C) by adding at the end the following:
``(II) Use of facilities for
requalification.--The Administrator
shall allow a Federal flight deck
officer to requalify to carry a firearm
under the program through training at a
Transportation Security Administration-
approved firearms training facility
utilizing a Transportation Security
Administration-approved contractor and a
curriculum developed and approved by the
Transportation Security
Administration.''; and
(2) by adding at the end the following:
``(iv) Periodic review.--The Administrator
shall periodically review requalification training
intervals and assess whether it is appropriate and
sufficient to adjust the time between each
requalification training to facilitate continued
participation in the program under this section
while still maintaining effectiveness of the
training, and update the training requirements as
appropriate.''.
(c) Training Review.--Section 44921(c)(2) is amended by adding at
the end the following:
``(D) Training review.--Not later than 2 years after
the date of enactment of the TSA Modernization Act, and
biennially thereafter, the Administrator shall review
training facilities and training requirements for
initial and recurrent training for Federal flight deck
officers and evaluate how training requirements,
including the length of training, could be streamlined
while maintaining the effectiveness of the training, and
update the training requirements as appropriate.''.
(d) Other Measures to Facilitate Training.--Section 44921(e) is
amended--
(1) by striking ``Pilots participating'' and inserting the
following:
``(1) In general.--Pilots participating''; and
(2) by adding at the end the following:
``(2) Facilitation of training.--An air carrier shall permit
a pilot seeking to be deputized as a Federal flight deck officer
or a Federal flight deck officer to take a reasonable amount of
leave to participate in initial, recurrent, or requalification
training, as applicable, for the program. Leave required under
this paragraph may be provided without compensation.''.
(e) International Harmonization.--Section 44921(f) is amended--
(1) in paragraphs (1) and (3), by striking ``Under
Secretary'' and inserting ``Administrator''; and
(2) by adding at the end the following:
``(4) Consistency with federal air marshal program.--The
Administrator shall harmonize, to the extent practicable and in
a manner that does not jeopardize existing Federal air marshal
agreements, the policies relating to the carriage of firearms on
international flights by Federal flight deck officers with the
policies of the Federal air marshal program for carrying
firearms on such flights and carrying out the duties
[[Page 132 STAT. 3603]]
of a Federal flight deck officer, notwithstanding Annex 17 of
the International Civil Aviation Organization.''.
(f) Physical Standards.--Section 44921(d)(2) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) in clause (ii), as redesignated, by striking ``Under
Secretary's'' and inserting ``Administrator's'';
(3) by striking ``A pilot is'' and inserting the following:
``(A) In general.--A pilot is''; and
(4) by adding at the end the following:
``(B) Consistency with requirements for certain
medical certificates.--In establishing standards under
subparagraph (A)(ii), the Administrator may not
establish medical or physical standards for a pilot to
become a Federal flight deck officer that are
inconsistent with or more stringent than the
requirements of the Federal Aviation Administration for
the issuance of the required airman medical certificate
under part 67 of title 14, Code of Federal Regulations
(or any corresponding similar regulation or ruling).''.
(g) Transfer of Status.--Section 44921(d) is amended by adding at
the end the following:
``(5) Transfer from inactive to active status.--In
accordance with any applicable Transportation Security
Administration appeals processes, a pilot deputized as a Federal
flight deck officer who moves to inactive status may return to
active status upon successful completion of a recurrent training
program administered within program guidelines.''.
(h) Technical Corrections.--Section 44921, as amended by this
section, is further amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Not later than 3
months after the date of enactment of this section, the
Under Secretary'' and inserting ``The Administrator'';
(B) in paragraph (2), by striking ``Beginning 3
months after the date of enactment of this section, the
Under Secretary shall begin the process of training and
deputizing'' and inserting ``The Administrator shall
train and deputize''; and
(C) in paragraph (3)(N), by striking ``Under
Secretary's'' and inserting ``Administrator's'';
(3) in subsection (d)(4)--
(A) by striking ``may,'' and inserting ``may''; and
(B) by striking ``Under Secretary's'' and inserting
``Administrator's'';
(4) in subsection (i)(2), by striking ``the Under Secretary
may'' and inserting ``may'';
(5) in subsection (k)--
(A) by striking paragraphs (2) and (3); and
(B) by striking ``Applicability.--'' and all that
follows through ``This section'' and inserting
``Applicability.--This section'';
(6) by adding at the end the following:
``(l) Definitions.--In this section:
[[Page 132 STAT. 3604]]
``(1) Administrator.--The term `Administrator' means the
Administrator of the Transportation Security Administration.
``(2) Air transportation.--The term `air transportation'
includes all-cargo air transportation.
``(3) Firearms training facility.--The term `firearms
training facility' means a private or government-owned gun range
approved by the Administrator to provide recurrent or
requalification training, as applicable, for the program,
utilizing a Transportation Security Administration-approved
contractor and a curriculum developed and approved by the
Transportation Security Administration.
``(4) Pilot.--The term `pilot' means an individual who has
final authority and responsibility for the operation and safety
of the flight or any other flight deck crew member.''; and
(7) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''.
(i) <<NOTE: 49 USC 44921 note.>> Sensitive Security Information.--
Not later than 180 days after the date of enactment of this Act--
(1) the Secretary of Transportation shall revise section
15.5(b)(11) of title 49, Code of Federal Regulations, to
classify information about pilots deputized as Federal flight
deck officers under section 44921 of title 49, United States
Code, as sensitive security information in a manner consistent
with the classification of information about Federal air
marshals; and
(2) the Administrator shall revise section 1520.5(b)(11) of
title 49, Code of Federal Regulations, to classify information
about pilots deputized as Federal flight deck officers under
section 44921 of title 49, United States Code, as sensitive
security information in a manner consistent with the
classification of information about Federal air marshals.
(j) <<NOTE: 49 USC 44921 note.>> Regulations.--Not later than 180
days after the date of enactment of this Act, the Administrator shall
prescribe such regulations as may be necessary to carry out this section
and the amendments made by this section.
Subtitle G--Surface Transportation Security
SEC. 1964. <<NOTE: 49 USC 114 note.>> SURFACE TRANSPORTATION
SECURITY ASSESSMENT AND IMPLEMENTATION
OF RISK-BASED STRATEGY.
(a) Security Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall complete an
assessment of the vulnerabilities of and risks to surface
transportation systems.
(2) Considerations.--In conducting the security assessment
under paragraph (1), the Administrator shall, at a minimum--
(A) consider appropriate intelligence;
(B) consider security breaches and attacks at
domestic and international surface transportation
facilities;
(C) consider the vulnerabilities and risks
associated with specific modes of surface
transportation;
(D) evaluate the vetting and security training of--
(i) employees in surface transportation; and
[[Page 132 STAT. 3605]]
(ii) other individuals with access to
sensitive or secure areas of surface
transportation networks; and
(E) consider input from--
(i) representatives of different modes of
surface transportation;
(ii) representatives of critical
infrastructure entities;
(iii) the Transportation Systems Sector
Coordinating Council; and
(iv) the heads of other relevant Federal
departments or agencies.
(b) Risk-based Surface Transportation Security Strategy.--
(1) In general.--Not later than 180 days after the date the
security assessment under subsection (a) is complete, the
Administrator shall use the results of the assessment--
(A) to develop and implement a cross-cutting, risk-
based surface transportation security strategy that
includes--
(i) all surface transportation modes;
(ii) a mitigating strategy that aligns with
each vulnerability and risk identified in
subsection (a);
(iii) a planning process to inform resource
allocation;
(iv) priorities, milestones, and performance
metrics to measure the effectiveness of the risk-
based surface transportation security strategy;
and
(v) processes for sharing relevant and timely
intelligence threat information with appropriate
stakeholders;
(B) to develop a management oversight strategy
that--
(i) identifies the parties responsible for the
implementation, management, and oversight of the
risk-based surface transportation security
strategy; and
(ii) includes a plan for implementing the
risk-based surface transportation security
strategy; and
(C) to modify the risk-based budget and resource
allocations, in accordance with section 1965(c), for the
Transportation Security Administration.
(2) Coordinated approach.--In developing and implementing
the risk-based surface transportation security strategy under
paragraph (1), the Administrator shall coordinate with the heads
of other relevant Federal departments or agencies, and
stakeholders, as appropriate--
(A) to evaluate existing surface transportation
security programs, policies, and initiatives, including
the explosives detection canine teams, for consistency
with the risk-based security strategy and, to the extent
practicable, avoid any unnecessary duplication of
effort;
(B) to determine the extent to which stakeholder
security programs, policies, and initiatives address the
vulnerabilities and risks to surface transportation
systems identified in subsection (a); and
(C) subject to subparagraph (B), to mitigate each
vulnerability and risk to surface transportation systems
identified in subsection (a).
(c) Report.--
[[Page 132 STAT. 3606]]
(1) In general.--Not later than 180 days after the date the
security assessment under subsection (a) is complete, the
Administrator shall submit to the appropriate committees of
Congress and the Inspector General of the Department a report
that--
(A) describes the process used to complete the
security assessment;
(B) describes the process used to develop the risk-
based security strategy;
(C) describes the risk-based security strategy;
(D) includes the management oversight strategy;
(E) includes--
(i) the findings of the security assessment;
(ii) a description of the actions recommended
or taken by the Administrator to mitigate the
vulnerabilities and risks identified in subsection
(a), including interagency coordination;
(iii) any recommendations for improving the
coordinated approach to mitigating vulnerabilities
and risks to surface transportation systems; and
(iv) any recommended changes to the National
Infrastructure Protection Plan, the modal annexes
to such plan, or relevant surface transportation
security programs, policies, or initiatives; and
(F) may contain a classified annex.
(2) Protections.--In preparing the report, the Administrator
shall take appropriate actions to safeguard information
described by section 552(b) of title 5, United States Code, or
protected from disclosure by any other law of the United States.
(d) Updates.--Not less frequently than semiannually, the
Administrator shall report to or brief the appropriate committees of
Congress on the vulnerabilities of and risks to surface transportation
systems and how those vulnerabilities and risks affect the risk-based
security strategy.
SEC. 1965. <<NOTE: 49 USC 114 note.>> RISK-BASED BUDGETING AND
RESOURCE ALLOCATION.
(a) Report.--In conjunction with the submission of the Department's
annual budget request to the Office of Management and Budget, the
Administrator shall submit to the appropriate committees of Congress a
report that describes a risk-based budget and resource allocation plan
for surface transportation sectors, within and across modes, that--
(1) reflects the risk-based surface transportation security
strategy under section 1964(b); and
(2) is organized by appropriations account, program,
project, and initiative.
(b) Budget Transparency.--In submitting the annual budget of the
United States Government under section 1105 of title 31, United States
Code, the President shall clearly distinguish the resources requested
for surface transportation security from the resources requested for
aviation security.
(c) Resource Reallocation.--
(1) In general.--Not later than 15 days after the date on
which the Transportation Security Administration allocates any
resources or personnel, including personnel sharing, detailing,
or assignment, or the use of facilities, technology systems, or
vetting resources, for a nontransportation security
[[Page 132 STAT. 3607]]
purpose or National Special Security Event (as defined in
section 2001 of Homeland Security Act of 2002 (6 U.S.C. 601)),
the Secretary shall provide the notification described in
paragraph (2) to the appropriate committees of Congress.
(2) Notification.--A notification described in this
paragraph shall include--
(A) the reason for and a justification of the
resource or personnel allocation;
(B) the expected end date of the resource or
personnel allocation; and
(C) the projected cost to the Transportation
Security Administration of the personnel or resource
allocation.
(d) 5-year Capital Investment Plan.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of Representatives a 5-year
capital investment plan, consistent with the 5-year technology
investment plan under section 1611 of title XVI of the Homeland Security
Act of 2002, as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245; 128 Stat. 2871).
SEC. 1966. SURFACE TRANSPORTATION SECURITY MANAGEMENT AND
INTERAGENCY COORDINATION REVIEW.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) review the staffing, budget, resource, and personnel
allocation, and management oversight strategy of the
Transportation Security Administration's surface transportation
security programs;
(2) review the coordination between relevant entities of
leadership, planning, policy, inspections, and implementation of
security programs relating to surface transportation to reduce
redundancy and regulatory burden; and
(3) submit to the appropriate committees of Congress a
report on the findings of the reviews under paragraphs (1) and
(2), including any recommendations for improving coordination
between relevant entities and reducing redundancy and regulatory
burden.
SEC. 1967. <<NOTE: 49 USC 114 note.>> TRANSPARENCY.
(a) Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter, the
Administrator shall publish on a public website information
regarding the status of each regulation relating to surface
transportation security that is directed by law to be issued and
that has not been issued if not less than 2 years have passed
since the date of enactment of the law.
(2) Contents.--The information published under paragraph (1)
shall include--
(A) an updated rulemaking schedule for the
outstanding regulation;
(B) current staff allocations;
(C) data collection or research relating to the
development of the rulemaking;
(D) current efforts, if any, with security experts,
advisory committees, and other stakeholders; and
[[Page 132 STAT. 3608]]
(E) other relevant details associated with the
development of the rulemaking that impact the progress
of the rulemaking.
(b) Inspector General Review.--Not later than 180 days after the
date of enactment of this Act, and every 2 years thereafter until all of
the requirements under titles XIII, XIV, and XV of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et
seq.) and under this title have been fully implemented, the Inspector
General of the Department shall submit to the appropriate committees of
Congress a report that--
(1) identifies the requirements under such titles of that
Act and under this title that have not been fully implemented;
(2) describes what, if any, additional action is necessary;
and
(3) includes recommendations regarding whether any of the
requirements under such titles of that Act or this title should
be amended or repealed.
SEC. 1968. <<NOTE: 49 USC 114 note.>> TSA COUNTERTERRORISM ASSET
DEPLOYMENT.
(a) Counterterrorism Asset Deployment.--
(1) In general.--If the Administrator deploys any
counterterrorism personnel or resource, such as explosive
detection sweeps, random bag inspections, or patrols by Visible
Intermodal Prevention and Response teams, to enhance security at
a transportation system or transportation facility for a period
of not less than 180 consecutive days, the Administrator shall
provide sufficient notification to the system or facility
operator, as applicable, not less than 14 days prior to
terminating the deployment.
(2) Exception.--This subsection shall not apply if the
Administrator--
(A) determines there is an urgent security need for
the personnel or resource described in paragraph (1);
and
(B) notifies the appropriate committees of Congress
of the determination under subparagraph (A).
(b) VIPR Teams.--Section 1303 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is amended--
(1) in subsection (a)(4), by striking ``team,'' and
inserting ``team as to specific locations and times within the
facilities of such entities at which VIPR teams are to be
deployed to maximize the effectiveness of such deployment,'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Performance Measures.--Not later than 1 year after the date of
enactment of the TSA Modernization Act, the Administrator shall develop
and implement a system of qualitative performance measures and
objectives by which to assess the roles, activities, and effectiveness
of VIPR team operations on an ongoing basis, including a mechanism
through which the transportation entities referred to in subsection
(a)(4) may submit feedback on VIPR team operations involving their
systems or facilities.
``(c) Plan.--Not later than 1 year after the date of the enactment
of the TSA Modernization Act, the Administrator shall develop and
implement a plan for ensuring the interoperability of communications
among VIPR team participants and between VIPR teams and any
transportation entities with systems or facilities that are involved in
VIPR team operations. Such plan shall include an
[[Page 132 STAT. 3609]]
analysis of the costs and resources required to carry out such plan.''.
SEC. 1969. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the
following:
``SEC. 404. <<NOTE: 6 USC 204 note.>> SURFACE TRANSPORTATION
SECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Administrator of the Transportation
Security Administration (referred to in this section as `Administrator')
shall establish within the Transportation Security Administration the
Surface Transportation Security Advisory Committee (referred to in this
section as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee may advise,
consult with, report to, and make recommendations to the
Administrator on surface transportation security matters,
including the development, refinement, and implementation of
policies, programs, initiatives, rulemakings, and security
directives pertaining to surface transportation security.
``(2) Risk-based security.--The Advisory Committee shall
consider risk-based security approaches in the performance of
its duties.
``(c) Membership.--
``(1) Composition.--The Advisory Committee shall be composed
of--
``(A) voting members appointed by the Administrator
under paragraph (2); and
``(B) nonvoting members, serving in an advisory
capacity, who shall be designated by--
``(i) the Transportation Security
Administration;
``(ii) the Department of Transportation;
``(iii) the Coast Guard; and
``(iv) such other Federal department or agency
as the Administrator considers appropriate.
``(2) Appointment.--The Administrator shall appoint voting
members from among stakeholders representing each mode of
surface transportation, such as passenger rail, freight rail,
mass transit, pipelines, highways, over-the-road bus, school bus
industry, and trucking, including representatives from--
``(A) associations representing such modes of
surface transportation;
``(B) labor organizations representing such modes of
surface transportation;
``(C) groups representing the users of such modes of
surface transportation, including asset manufacturers,
as appropriate;
``(D) relevant law enforcement, first responders,
and security experts; and
``(E) such other groups as the Administrator
considers appropriate.
``(3) Chairperson.--The Advisory Committee shall select a
chairperson from among its voting members.
``(4) Term of office.--
``(A) Terms.--
[[Page 132 STAT. 3610]]
``(i) In general.--The term of each voting
member of the Advisory Committee shall be 2 years,
but a voting member may continue to serve until
the Administrator appoints a successor.
``(ii) Reappointment.--A voting member of the
Advisory Committee may be reappointed.
``(B) Removal.--
``(i) In general.--The Administrator may
review the participation of a member of the
Advisory Committee and remove such member for
cause at any time.
``(ii) Access to information.--The
Administrator may remove any member of the
Advisory Committee that the Administrator
determines should be restricted from reviewing,
discussing, or possessing classified information
or sensitive security information.
``(5) Prohibition on compensation.--The members of the
Advisory Committee shall not receive any compensation from the
Government by reason of their service on the Advisory Committee.
``(6) Meetings.--
``(A) In general.--The Administrator shall require
the Advisory Committee to meet at least semiannually in
person or through web conferencing and may convene
additional meetings as necessary.
``(B) Public meetings.--At least 1 of the meetings
of the Advisory Committee each year shall be--
``(i) announced in the Federal Register;
``(ii) announced on a public website; and
``(iii) open to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(D) Minutes.--
``(i) In general.--Unless otherwise prohibited
by other Federal law, minutes of the meetings
shall be published on the public website under
subsection (e)(5).
``(ii) Protection of classified and sensitive
information.--The Advisory Committee may redact or
summarize, as necessary, minutes of the meetings
to protect classified or other sensitive
information in accordance with law.
``(7) Voting member access to classified and sensitive
security information.--
``(A) Determinations.--Not later than 60 days after
the date on which a voting member is appointed to the
Advisory Committee and before that voting member may be
granted any access to classified information or
sensitive security information, the Administrator shall
determine if the voting member should be restricted from
reviewing, discussing, or possessing classified
information or sensitive security information.
``(B) Access.--
``(i) Sensitive security information.--If a
voting member is not restricted from reviewing,
discussing, or possessing sensitive security
information under subparagraph (A) and voluntarily
signs a nondisclosure agreement, the voting member
may be granted access to sensitive security
information that is relevant to
[[Page 132 STAT. 3611]]
the voting member's service on the Advisory
Committee.
``(ii) Classified information.--Access to
classified materials shall be managed in
accordance with Executive Order 13526 of December
29, 2009 (75 Fed. Reg. 707), or any subsequent
corresponding Executive order.
``(C) Protections.--
``(i) Sensitive security information.--Voting
members shall protect sensitive security
information in accordance with part 1520 of title
49, Code of Federal Regulations.
``(ii) Classified information.--Voting members
shall protect classified information in accordance
with the applicable requirements for the
particular level of classification.
``(8) Joint committee meetings.--The Advisory Committee may
meet with 1 or more of the following advisory committees to
discuss multimodal security issues and other security-related
issues of common concern:
``(A) Aviation Security Advisory Committee
established under section 44946 of title 49, United
States Code.
``(B) Maritime Security Advisory Committee
established under section 70112 of title 46, United
States Code.
``(C) Railroad Safety Advisory Committee established
by the Federal Railroad Administration.
``(9) Subject matter experts.--The Advisory Committee may
request the assistance of subject matter experts with expertise
related to the jurisdiction of the Advisory Committee.
``(d) Reports.--
``(1) Periodic reports.--The Advisory Committee shall
periodically submit reports to the Administrator on matters
requested by the Administrator or by a majority of the members
of the Advisory Committee.
``(2) Annual report.--
``(A) Submission.--The Advisory Committee shall
submit to the Administrator and the appropriate
congressional committees an annual report that provides
information on the activities, findings, and
recommendations of the Advisory Committee during the
preceding year.
``(B) Publication.--Not later than 6 months after
the date that the Administrator receives an annual
report under subparagraph (A), the Administrator shall
publish a public version of the report, in accordance
with section 552a(b) of title 5, United States Code.
``(e) Administration Response.--
``(1) Consideration.--The Administrator shall consider the
information, advice, and recommendations of the Advisory
Committee in formulating policies, programs, initiatives,
rulemakings, and security directives pertaining to surface
transportation security.
``(2) Feedback.--Not later than 90 days after the date that
the Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2), the Administrator shall
submit to the Advisory Committee written feedback on the
recommendation, including--
``(A) if the Administrator agrees with the
recommendation, a plan describing the actions that the
Administrator
[[Page 132 STAT. 3612]]
has taken, will take, or recommends that the head of
another Federal department or agency take to implement
the recommendation; or
``(B) if the Administrator disagrees with the
recommendation, a justification for that determination.
``(3) Notices.--Not later than 30 days after the date the
Administrator submits feedback under paragraph (2), the
Administrator shall--
``(A) notify the appropriate congressional
committees of the feedback, including the determination
under subparagraph (A) or subparagraph (B) of that
paragraph, as applicable; and
``(B) provide the appropriate congressional
committees with a briefing upon request.
``(4) Updates.--Not later than 90 days after the date the
Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2) that the Administrator agrees
with, and quarterly thereafter until the recommendation is fully
implemented, the Administrator shall submit a report to the
appropriate congressional committees or post on the public
website under paragraph (5) an update on the status of the
recommendation.
``(5) Website.--The Administrator shall maintain a public
website that--
``(A) lists the members of the Advisory Committee;
and
``(B) provides the contact information for the
Advisory Committee.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee or any
subcommittee established under this section.''.
(b) <<NOTE: 6 USC 204 note.>> Advisory Committee Members.--
(1) Voting members.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall appoint the
voting members of the Surface Transportation Security Advisory
Committee established under section 404 of the Homeland Security
Act of 2002, as added by subsection (a) of this section.
(2) Nonvoting members.--Not later than 90 days after the
date of enactment of this Act, each Federal Government
department and agency with regulatory authority over a mode of
surface or maritime transportation, as the Administrator
considers appropriate, shall designate an appropriate
representative to serve as a nonvoting member of the Surface
Transportation Security Advisory Committee.
(c) Table of Contents.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended by inserting after the item relating to section 403 the
following:
``Sec. 404. Surface Transportation Security Advisory Committee.''.
SEC. 1970. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM PROGRAM.
(a) In General.--Not later than 90 days after the date that the
Inspector General of the Department receives the report under section
1964(c), the Inspector General of the Department shall--
[[Page 132 STAT. 3613]]
(1) review the explosives detection canine team program,
including--
(A) the development by the Transportation Security
Administration of a deployment strategy for explosives
detection canine teams;
(B) the national explosives detection canine team
training program, including canine training, handler
training, refresher training, and updates to such
training;
(C) the use of the canine assets during an urgent
security need, including the reallocation of such
program resources outside the transportation systems
sector during an urgent security need; and
(D) the monitoring and tracking of canine assets;
and
(2) submit to the appropriate committees of Congress a
report on the review, including any recommendations.
(b) Considerations.--In conducting the review of the deployment
strategy under subsection (a)(1)(A), the Inspector General shall
consider whether the Transportation Security Administration's method to
analyze the risk to transportation facilities and transportation systems
is appropriate.
SEC. 1971. <<NOTE: 6 USC 1116 note.>> EXPANSION OF NATIONAL
EXPLOSIVES DETECTION CANINE TEAM
PROGRAM.
(a) In General.--The Secretary, where appropriate, shall encourage
State, local, and tribal governments and private owners of high-risk
transportation facilities to strengthen security through the use of
explosives detection canine teams.
(b) Increased Capacity.--
(1) In general.--Before the date the Inspector General of
the Department submits the report under section 1970, the
Administrator may increase the number of State and local surface
and maritime transportation canines by not more than 70
explosives detection canine teams.
(2) Additional teams.--Beginning on the date the Inspector
General of the Department submits the report under section 1970,
the Secretary may increase the State and local surface and
maritime transportation canines up to 200 explosives detection
canine teams unless more are identified in the risk-based
surface transportation security strategy under section 1964,
consistent with section 1965 or with the President's most recent
budget submitted under section 1105 of title 31, United States
Code.
(3) Recommendations.--Before initiating any increase in the
number of explosives detection teams under paragraph (2), the
Secretary shall consider any recommendations in the report under
section 1970 on the efficacy and management of the explosives
detection canine program.
(c) Deployment.--The Secretary shall--
(1) use the additional explosives detection canine teams, as
described in subsection (b)(1), as part of the Department's
efforts to strengthen security across the Nation's surface and
maritime transportation networks;
(2) make available explosives detection canine teams to all
modes of transportation, subject to the requirements under
section 1968, to address specific vulnerabilities or risks, on
an as-needed basis and as otherwise determined appropriate by
the Secretary; and
[[Page 132 STAT. 3614]]
(3) consider specific needs and training requirements for
explosives detection canine teams to be deployed across the
Nation's surface and maritime transportation networks, including
in venues of multiple modes of transportation, as the Secretary
considers appropriate.
(d) Authorization.--There are authorized to be appropriated to the
Secretary to the extent of appropriations to carry out this section for
each of fiscal years 2019 through 2021.
SEC. 1972. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR
PASSENGER TRANSPORTATION SYSTEMS.
(a) Security Standards and Best Practices for United States and
Foreign Passenger Transportation Systems.--The Comptroller General of
the United States shall conduct a study of how the Transportation
Security Administration--
(1) identifies and compares--
(A) United States and foreign passenger
transportation security standards; and
(B) best practices for protecting passenger
transportation systems, including shared terminal
facilities, and cyber systems; and
(2) disseminates the findings under paragraph (1) to
stakeholders.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Comptroller General shall issue a report that contains--
(1) the findings of the study conducted under subsection
(a); and
(2) any recommendations for improving the relevant processes
or procedures.
SEC. 1973. AMTRAK SECURITY UPGRADES.
(a) Railroad Security Assistance.--Section 1513(b) of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1163(b)) is amended--
(1) in paragraph (1), by striking the period at the end and
inserting ``, including communications interoperability where
appropriate with relevant outside agencies and entities.'';
(2) in paragraph (5), by striking ``security of'' and
inserting ``security and preparedness of'';
(3) in paragraph (7), by striking ``security threats'' and
inserting ``security threats and preparedness, including
connectivity to the National Terrorist Screening Center''; and
(4) in paragraph (9), by striking ``and security officers''
and inserting ``, security, and preparedness officers''.
(b) Specific Projects.--Section 1514(a)(3) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1164(a)(3))
is amended--
(1) in subparagraph (D) by inserting ``, or to connect to
the National Terrorism Screening Center watchlist'' after
``Secretary'';
(2) in subparagraph (G), by striking ``; and'' at the end
and inserting a semicolon;
(3) in subparagraph (H) by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(I) for improvements to passenger verification
systems;
[[Page 132 STAT. 3615]]
``(J) for improvements to employee and contractor
verification systems, including identity verification
technology; or
``(K) for improvements to the security of Amtrak
computer systems, including cybersecurity assessments
and programs.''.
SEC. 1974. <<NOTE: 6 USC 1164 note.>> PASSENGER RAIL VETTING.
(a) In General.--Not later than 180 days after the date on which the
Amtrak Board of Directors submits a request to the Administrator, the
Administrator shall issue a decision on the use by Amtrak of the
Transportation Security Administration's Secure Flight Program or a
similar passenger vetting system to enhance passenger rail security.
(b) Considerations.--In making a decision under subsection (a), the
Administrator shall--
(1) consider the technological, privacy, operational, and
security impacts of such a decision; and
(2) describe such impacts in any strategic plan developed
under subsection (c).
(c) Strategic Plan.--If the Administrator decides to grant the
request by Amtrak under subsection (a), the decision shall include a
strategic plan for working with rail stakeholders to enhance passenger
rail security by--
(1) vetting passengers using terrorist watch lists
maintained by the Federal Government or a similar passenger
vetting system maintained by the Transportation Security
Administration; and
(2) where applicable and in consultation with the
Commissioner of U.S. Customs and Border Protection, assessing
whether the vetting process should be integrated into
preclearance operations established under section 813 of the
Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C.
4432).
(d) Notices.--The Administrator shall notify the appropriate
committees of Congress of any decision made under subsection (a) and the
details of the strategic plan under subsection (c).
(e) Rule of Construction.--Nothing in this section shall be
construed to limit the Administrator's authority to set the access to,
or terms and conditions of using, the Secure Flight Program or a similar
passenger vetting system.
SEC. 1975. STUDY ON SURFACE TRANSPORTATION INSPECTORS.
(a) Strategy.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall submit to the appropriate
congressional committees and the Comptroller General of the United
States a strategy to guide operations of surface transportation security
inspectors that addresses the following:
(1) Any limitations in data systems for such inspectors, as
identified by the Comptroller General.
(2) Alignment of operations with risk assessment findings,
including an approach to identifying and prioritizing entities
and locations for inspections.
(3) Measurable objectives for the surface transportation
security inspectors program.
(b) GAO Review.--Not later than 180 days after the date the strategy
under subsection (a) is submitted, the Comptroller
[[Page 132 STAT. 3616]]
General of the United States shall review such strategy and, as
appropriate, issue recommendations.
SEC. 1976. <<NOTE: 6 USC 1155.>> SECURITY AWARENESS PROGRAM.
(a) Establishment.--The Administrator shall establish a program to
promote surface transportation security through the training of surface
transportation operators and frontline employees on each of the skills
identified in subsection (c).
(b) Application.--The program established under subsection (a) shall
apply to all modes of surface transportation, including public
transportation, rail, highway, motor carrier, and pipeline.
(c) Training.--The program established under subsection (a) shall
cover, at a minimum, the skills necessary to recognize, assess, and
respond to suspicious items or actions that could indicate a threat to
transportation.
(d) Assessment.--
(1) In general.--The Administrator shall conduct an
assessment of current training programs for surface
transportation operators and frontline employees.
(2) Contents.--The assessment shall identify--
(A) whether other training is being provided, either
voluntarily or in response to other Federal
requirements; and
(B) whether there are any gaps in existing training.
(e) Updates.--The Administrator shall ensure the program established
under subsection (a) is updated as necessary to address changes in risk
and terrorist methods and to close any gaps identified in the assessment
under subsection (d).
(f) Suspicious Activity Reporting.--
(1) In general.--The Secretary shall maintain a national
telephone number for an individual to use to report suspicious
activity under this section to the Administration.
(2) Procedures.--The Administrator shall establish
procedures for the Administration--
(A) to review and follow-up, as necessary, on each
report received under paragraph (1); and
(B) to share, as necessary and in accordance with
law, the report with appropriate Federal, State, local,
and tribal entities.
(3) Rule of construction.--Nothing in this section may be
construed to--
(A) replace or affect in any way the use of 9-1-1
services in an emergency; or
(B) replace or affect in any way the security
training program requirements specified in sections
1408, 1517, and 1534 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167,
1184).
(g) Definition of Frontline Employee.--In this section, the term
``frontline employee'' includes--
(1) an employee of a public transportation agency who is a
transit vehicle driver or operator, dispatcher, maintenance and
maintenance support employee, station attendant, customer
service employee, security employee, or transit police, or any
other employee who has direct contact with riders on a regular
basis, and any other employee of a public transportation agency
that the Administrator determines should receive
[[Page 132 STAT. 3617]]
security training under this section or that is receiving
security training under other law;
(2) over-the-road bus drivers, security personnel,
dispatchers, maintenance and maintenance support personnel,
ticket agents, other terminal employees, and other employees of
an over-the-road bus operator or terminal owner or operator that
the Administrator determines should receive security training
under this section or that is receiving security training under
other law; or
(3) security personnel, dispatchers, locomotive engineers,
conductors, trainmen, other onboard employees, maintenance and
maintenance support personnel, bridge tenders, and any other
employees of railroad carriers that the Administrator determines
should receive security training under this section or that is
receiving security training under other law.
SEC. 1977. <<NOTE: 6 USC 1119.>> VOLUNTARY USE OF CREDENTIALING.
(a) In General.--An applicable individual who is subject to
credentialing or a background investigation may satisfy that requirement
by obtaining a valid transportation security card.
(b) Issuance of Cards.--The Secretary of Homeland Security--
(1) shall expand the transportation security card program,
consistent with section 70105 of title 46, United States Code,
to allow an applicable individual who is subject to
credentialing or a background investigation to apply for a
transportation security card; and
(2) may charge reasonable fees, in accordance with section
520(a) of the Department of Homeland Security Appropriations
Act, 2004 (6 U.S.C. 469(a)), for providing the necessary
credentialing and background investigation.
(c) Vetting.--The Administrator shall develop and implement a plan
to utilize, in addition to any background check required for initial
issue, the Federal Bureau of Investigation's Rap Back Service and other
vetting tools as appropriate, including the No-Fly and Selectee lists,
to get immediate notification of any criminal activity relating to any
person with a valid transportation security card.
(d) Definitions.--In this section:
(1) Applicable individual who is subject to credentialing or
a background investigation.--The term ``applicable individual
who is subject to credentialing or a background investigation''
means only an individual who--
(A) because of employment is regulated by the
Transportation Security Administration, Department of
Transportation, or Coast Guard and is required to have a
background records check to obtain a hazardous materials
endorsement on a commercial driver's license issued by a
State under section 5103a of title 49, United States
Code; or
(B) is required to have a credential and background
records check under section 2102(d)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 622(d)(2)) at a facility
with activities that are regulated by the Transportation
Security Administration, Department of Transportation,
or Coast Guard.
[[Page 132 STAT. 3618]]
(2) Valid transportation security card.--The term ``valid
transportation security card'' means a transportation security
card that is--
(A) issued under section 70105 of title 46, United
States Code;
(B) not expired;
(C) shows no signs of tampering; and
(D) bears a photograph of the individual
representing such card.
SEC. 1978. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT
LICENSES.
(a) Issuance of Licenses.--Section 5103a(a)(1) is amended--
(1) by striking ``unless'' and inserting ``unless--'';
(2) by striking ``the Secretary of Homeland Security'' and
inserting the following:
``(A) ``the Secretary of Homeland Security'';'';
(3) in subparagraph (A), as designated by paragraph (2) of
this subsection, by striking the period at the end and inserting
``; or''; and
(4) by adding at the end the following:
``(B) the individual holds a valid transportation
security card issued under section 70105 of title 46.''.
(b) Transportation Security Card.--Section 5103a(d)(1) is amended,
in the matter preceding subparagraph (A), by striking ``described in
subsection (a)(1)'' and inserting ``under subsection (a)(1)(A)''.
SEC. 1979. <<NOTE: 6 USC 982 note.>> CARGO CONTAINER SCANNING
TECHNOLOGY REVIEW.
(a) Designations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and not less frequently than once every 5
years thereafter until the date of full-scale implementation of
100 percent screening of cargo containers and 100 percent
scanning of high-risk containers required under section 232 of
the SAFE Port Act (6 U.S.C. 982), the Secretary shall solicit
proposals for scanning technologies, consistent with the
standards under subsection (b)(8) of that section, to improve
scanning of cargo at domestic ports.
(2) Evaluation.--In soliciting proposals under paragraph
(1), the Secretary shall establish measures to assess the
performance of the proposed scanning technologies, including--
(A) the rate of false positives;
(B) the delays in processing times; and
(C) the impact on the supply chain.
(b) Pilot Program.--
(1) Establishment.--The Secretary may establish a pilot
program to determine the efficacy of a scanning technology
referred to in subsection (a).
(2) Application process.--In carrying out the pilot program
under this subsection, the Secretary shall--
(A) solicit applications from domestic ports;
(B) select up to 4 domestic ports to participate in
the pilot program; and
(C) select ports with unique features and differing
levels of trade volume.
(3) Report.--Not later than 1 year after initiating a pilot
program under paragraph (1), the Secretary shall submit to
[[Page 132 STAT. 3619]]
the appropriate committees of Congress a report on the pilot
program, including--
(A) an evaluation of the scanning technologies
proposed to improve security at domestic ports and to
meet the full-scale implementation requirement;
(B) the costs to implement a pilot program;
(C) the benefits of the proposed scanning
technologies;
(D) the impact of the pilot program on the supply
chain; and
(E) recommendations for implementation of advanced
cargo scanning technologies at domestic ports.
(4) Sharing pilot program testing results.--The results of
the pilot testing of advanced cargo scanning technologies shall
be shared, as appropriate, with government agencies and private
stakeholders whose responsibilities encompass the secure
transport of cargo.
SEC. 1980. PIPELINE SECURITY STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study regarding the roles and responsibilities of the
Department of Homeland Security and the Department of Transportation
with respect to pipeline security.
(b) Contents.--The study under subsection (a) shall examine--
(1) whether the Annex to the Memorandum of Understanding
executed on August 9, 2006, between the Department of Homeland
Security and the Department of Transportation adequately
delineates strategic and operational responsibilities for
pipeline security, including whether it is clear which
department is responsible for--
(A) protecting against intentional pipeline breaches
and cyber attacks;
(B) responding to intentional pipeline breaches and
cyber attacks; and
(C) planning to recover from the impact of
intentional pipeline breaches and cyber attacks;
(2) whether the respective roles and responsibilities of
each department are adequately conveyed to relevant stakeholders
and to the public;
(3) whether the processes and procedures for determining
whether a particular pipeline breach is a terrorist incident are
clear and effective;
(4) whether, and if so how, pipeline sector stakeholders
share security-related information;
(5) the guidance pipeline operators report use to address
security risks and the extent to which the TSA ensures its
guidelines reflect the current threat environment;
(6) the extent to which the TSA has assessed security risks
to pipeline systems; and
(7) the extent to which the TSA has assessed its
effectiveness in reducing pipeline security risks.
(c) Report on Study.--Not later than 180 days after the date of
enactment of the TSA Modernization Act, the Comptroller General of the
United States shall submit to the Secretary of Homeland Security and the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the
[[Page 132 STAT. 3620]]
House of Representatives a report containing the findings of the study
under subsection (a).
(d) Report to Congress.--Not later than 90 days after the date the
report under subsection (c) is submitted, the Secretary of Homeland
Security shall review and analyze the study and submit to the Committee
on Commerce, Science, and Transportation of the Senate and the Committee
on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives a report on such review
and analysis, including any recommendations for--
(1) changes to the Annex to the Memorandum of Understanding
referred to in subsection (b)(1); and
(2) other improvements to pipeline security activities at
the Department.
SEC. 1981. FEASIBILITY ASSESSMENT.
(a) Emerging Issues.--Not later than 180 days after the date of
enactment of this Act, the Secretary, acting through the Administrator
and in coordination with the Under Secretary for Science and Technology
of the Department of Homeland Security, shall submit to the appropriate
committees of Congress a feasibility assessment of modifying the
security of surface transportation assets by--
(1) introducing next generation technologies to be
integrated into systems of surface transportation assets to
detect explosives, including through the deployment of mobile
explosives detection technologies to conduct risk-based
passenger and property screening at such systems;
(2) providing surface transportation asset operators with
access to the Transportation Security Administration's Secure
Flight Program or a similar passenger vetting system maintained
by the Transportation Security Administration;
(3) deploying a credential authentication technology or
other means of identification document inspection to high-risk
surface transportation assets to assist operators conducting
passenger vetting; and
(4) deploying scalable, cost-effective technology solutions
to detect chemical, biological, radiological, nuclear, or
explosive threats within high-risk surface transportation assets
that are capable of passive, continuous, and real-time sensing
and detection of, and alerting passengers and operating
personnel to, the presence of such a threat.
(b) Considerations.--In carrying out the assessment under subsection
(a), the Secretary, acting through the Administrator and in coordination
with the Under Secretary for Science and Technology of the Department of
Homeland Security, shall address the technological, privacy,
operational, passenger facilitation, and public acceptance
considerations involved with each security measure contemplated in such
assessment.
SEC. 1982. <<NOTE: 49 USC 114 note.>> BEST PRACTICES TO SECURE
AGAINST VEHICLE-BASED ATTACKS.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall disseminate best practices to public and private
stakeholders regarding how to enhance transportation security against
the threat of a vehicle-based terrorist attack.
[[Page 132 STAT. 3621]]
SEC. 1983. SURFACE TRANSPORTATION STAKEHOLDER SURVEY.
(a) In General.--Not later than 120 days after the date of enactment
of this Act, the Secretary shall begin conducting a survey of public and
private stakeholders responsible for securing surface transportation
assets regarding resource challenges, including the availability of
Federal funding, associated with securing such assets that provides an
opportunity for respondents to set forth information on specific unmet
needs.
(b) Report.--Not later than 120 days after beginning the survey
required under subsection (a), the Secretary shall report to the
appropriate committees of Congress regarding the results of such survey
and the Department of Homeland Security's efforts to address any
identified security vulnerabilities.
SEC. 1984. <<NOTE: 6 USC 1156 note.>> NUCLEAR MATERIAL AND
EXPLOSIVE DETECTION TECHNOLOGY.
The Secretary, in coordination with the Director of the National
Institute of Standards and Technology and the head of each relevant
Federal department or agency researching nuclear material detection
systems or explosive detection systems, shall research, facilitate, and,
to the extent practicable, deploy next generation technologies,
including active neutron interrogation, to detect nuclear material and
explosives in transportation systems and transportation facilities.
Subtitle H--Transportation Security
SEC. 1985. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY REVIEW.
(a) GAO Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall evaluate the degree to which the most recent
National Strategy for Transportation Security, as updated, under
section 114(s) of title 49, United States Code, is reflected in
relevant Federal transportation security programs, budgets,
research, staffing levels, and related activities.
(2) Considerations.--In conducting the evaluation under
paragraph (1), the Comptroller General shall consider the degree
to which--
(A) the strategy is sufficiently forward-looking to
guide future Federal efforts relating to transportation
security;
(B) Federal transportation security programs,
budgets, research, staffing levels, and related
activities for fiscal year 2019 and subsequent fiscal
years would be guided by the strategy; and
(C) any annual progress reports submitted to
Congress under that section after the strategy is
submitted would provide information on the degree to
which that strategy guides Federal efforts relating to
transportation security.
SEC. 1986. <<NOTE: 49 USC 114 note.>> RISK SCENARIOS.
(a) In General.--The Administrator shall annually develop,
consistent with the transportation modal security plans required under
section 114(s) of title 49, United States Code, risk-based priorities
based on risk assessments conducted or received by the
[[Page 132 STAT. 3622]]
Secretary across all transportation modes that consider threats,
vulnerabilities, and consequences.
(b) Scenarios.--The Administrator shall ensure that the risk-based
priorities identified under subsection (a) are informed by an analysis
of terrorist attack scenarios for each transportation mode, including
cyber-attack scenarios and intelligence and open source information
about current and evolving threats.
(c) Report.--Not later than 120 days after the date that annual
risk-based priorities are developed under subsection (a), the
Administrator shall submit to the appropriate committees of Congress a
report that includes the following:
(1) Copies of the risk assessments for each transportation
mode.
(2) A summary that ranks the risks within and across modes.
(3) A description of the risk-based priorities for securing
the transportation sector that identifies and prioritizes the
greatest security needs of such transportation sector, both
across and within modes, in the order that such priorities
should be addressed.
(4) Information on the underlying methodologies used to
assess risks across and within each transportation mode and the
basis for any assumptions regarding threats, vulnerabilities,
and consequences made in assessing and prioritizing risks within
each such mode and across modes.
(d) Classification.--The information provided under subsection (c)
may be submitted in a classified format or unclassified format, as the
Administrator considers appropriate.
SEC. 1987. <<NOTE: 49 USC 114 note.>> INTEGRATED AND UNIFIED
OPERATIONS CENTERS.
(a) Framework.--Not later than 120 days after the date of enactment
of this Act, the Administrator, in consultation with the heads of other
appropriate offices or components of the Department, shall make
available to public and private stakeholders a framework for
establishing an integrated and unified operations center responsible for
overseeing daily operations of a transportation facility that promotes
coordination for responses to terrorism, serious incidents, and other
purposes, as determined appropriate by the Administrator.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall brief the appropriate committees of
Congress regarding the establishment and activities of integrated and
unified operations centers at transportation facilities at which the TSA
has a presence.
SEC. 1988. NATIONAL DEPLOYMENT FORCE.
(a) In General.--Subchapter II of chapter 449, as amended by section
1943 of this Act, is further amended by adding at the end the following:
``SEC. 44948. <<NOTE: 49 USC 44948 note.>> NATIONAL DEPLOYMENT
OFFICE.
``(a) Establishment.--There is established within the Transportation
Security Administration a National Deployment Office, to be headed by an
individual with supervisory experience. Such individual shall be
designated by the Administrator of the Transportation Security
Administration.
``(b) Duties.--The individual designated as the head of the National
Deployment Office shall be responsible for the following:
[[Page 132 STAT. 3623]]
``(1) Maintaining a National Deployment Force within the
Transportation Security Administration, including transportation
security officers, supervisory transportation security officers
and lead transportation security officers, to provide the
Administration with rapid and efficient response capabilities
and augment the Department of Homeland Security's homeland
security operations to mitigate and reduce risk, including for
the following:
``(A) Airports temporarily requiring additional
security personnel due to an emergency, seasonal
demands, hiring shortfalls, severe weather conditions,
passenger volume mitigation, equipment support, or other
reasons.
``(B) Special events requiring enhanced security
including National Special Security Events, as
determined by the Secretary of Homeland Security.
``(C) Response in the aftermath of any manmade
disaster, including any terrorist attack.
``(D) Other such situations, as determined by the
Administrator.
``(2) Educating transportation security officers regarding
how to participate in the Administration's National Deployment
Force.
``(3) Recruiting officers to serve on the National
Deployment Force, in accordance with a staffing model to be
developed by the Administrator.
``(4) Approving 1-year appointments for officers to serve on
the National Deployment Force, with an option to extend upon
officer request and with the approval of the appropriate Federal
Security Director.
``(5) Training officers to serve on the National Deployment
Force.''.
(b) Table of Contents.--The table of contents of subchapter II of
chapter 449, as amended by section 1943 of this <<NOTE: 49 USC 44901
prec.>> Act, is further amended by adding after the item relating to
section 44947 the following:
``44948. National Deployment Office.''.
(c) Conforming Amendment.--Section 114(f), as amended by section
1904 of this Act, is further amended--
(1) in paragraph (14), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following:
``(15) establish and maintain a National Deployment Office
as required under section 44948 of this title; and''.
(d) <<NOTE: 49 USC 44948 note.>> Career Development.--The
Administrator may consider service in the National Deployment Force as a
positive factor when evaluating applicants for promotion opportunities
within the TSA.
(e) Report.--Not later than 1 year after the date of enactment of
this Act and annually thereafter for 5 years, the Administrator shall
submit to the appropriate committees of Congress a report regarding
activities of the National Deployment Office, including the National
Deployment Force, established under section 44948 of title 49, United
States Code. Each such report shall include information relating to the
following:
[[Page 132 STAT. 3624]]
(1) When, where, why, how many, and for how long the
National Deployment Force was deployed throughout the 12-month
period covered by such report and the costs associated with such
deployment.
(2) A description of collaboration between the National
Deployment Office and other components of the Department, other
Federal agencies, and State and local transportation security
stakeholders.
(3) The size of the National Deployment Force, including
information on the staffing model of the National Deployment
Force and adherence to such model as established by the
Administrator.
(4) Information on recruitment, appointment, and training
activities, including processes utilized to attract, recruit,
appoint, and train officers to serve on the National Deployment
Force.
SEC. 1989. <<NOTE: 49 USC 114 note.>> INFORMATION SHARING AND
CYBERSECURITY.
(a) Federal Security Directors.--Section 44933 is amended by adding
at the end the following:
``(c) Information Sharing.--Not later than 1 year after the date of
the enactment of the TSA Modernization Act, the Administrator shall--
``(1) require each Federal Security Director of an airport
to meet at least quarterly with the airport director, airport
security coordinator, and law enforcement agencies serving each
such airport to discuss incident management protocols, including
the resolution of screening anomalies at passenger screening
checkpoints; and
``(2) require each Federal Security Director at an airport
to inform, consult, and coordinate, as appropriate, with the
respective airport security coordinator in a timely manner on
security matters impacting airport operations and to establish
and maintain operational protocols with such airport operators
to ensure coordinated responses to security matters.''.
(b) Plan to Improve Information Sharing.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a plan to
improve intelligence information sharing with State and local
transportation entities that includes best practices to ensure
that the information shared is actionable, useful, and not
redundant.
(2) Contents.--The plan required under paragraph (1) shall
include the following:
(A) The incorporation of best practices for
information sharing.
(B) The identification of areas of overlap and
redundancy.
(C) An evaluation and incorporation of stakeholder
input in the development of such plan.
(D) The integration of any recommendations of the
Comptroller General of the United States on information
sharing.
(3) Solicitation.--The Administrator shall solicit on an
annual basis input from appropriate stakeholders, including
State and local transportation entities, on the quality and
[[Page 132 STAT. 3625]]
quantity of intelligence received by such stakeholders relating
to information sharing.
(c) Best Practices Sharing.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
mechanism to share with State and local transportation entities
best practices from across the law enforcement spectrum,
including Federal, State, local, and tribal entities, that
relate to employee training, employee professional development,
technology development and deployment, hardening tactics, and
passenger and employee awareness programs.
(2) Consultation.--The Administrator shall solicit and
incorporate stakeholder input--
(A) in developing the mechanism for sharing best
practices as required under paragraph (1); and
(B) not less frequently than annually on the quality
and quantity of information such stakeholders receive
through the mechanism established under such paragraph.
(d) Cybersecurity.--
(1) In general.--The Administrator, in consultation with the
Secretary, shall--
(A) not later than 120 days after the date of
enactment of this Act, implement the Framework for
Improving Critical Infrastructure Cybersecurity
(referred to in this section as the ``Framework''
developed by the National Institute of Standards and
Technology, and any update to such Framework under
section 2 of the National Institute of Standards and
Technology Act (15 U.S.C. 272), to manage the agency's
cybersecurity risks; and
(B) evaluate, on a periodic basis, but not less
often than biennially, the use of the Framework under
subparagraph (A).
(2) Cybersecurity enhancements to aviation security
activities.--The Secretary, in consultation with the Secretary
of Transportation, shall, upon request, conduct cybersecurity
vulnerability assessments for airports and air carriers.
(3) TSA trusted traveler and credentialing program cyber
evaluation.--
(A) Evaluation required.--Not later than 120 days
after the date of enactment of this Act, the Secretary
shall--
(i) evaluate the cybersecurity of TSA trusted
traveler and credentialing programs that contain
personal information of specific individuals or
information that identifies specific individuals,
including the Transportation Worker Identification
Credential and PreCheck programs;
(ii) identify any cybersecurity risks under
the programs described in clause (i); and
(iii) develop remediation plans to address the
cybersecurity risks identified under clause (ii).
(B) Submission to congress.--Not later than 30 days
after the date the evaluation under subparagraph (A) is
complete, the Secretary shall submit to the appropriate
committees of Congress information relating to such
evaluation, including any cybersecurity vulnerabilities
identified and remediation plans to address such
[[Page 132 STAT. 3626]]
vulnerabilities. Such submission shall be provided in a
classified form.
(4) Definitions.--In this subsection, the terms
``cybersecurity risk'' and ``incident'' have the meanings given
the terms in section 227 of the Homeland Security Act of 2002 (6
U.S.C. 148).
SEC. 1990. SECURITY TECHNOLOGIES TIED TO FOREIGN THREAT COUNTRIES.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall submit to the appropriate committees of Congress an
assessment of terrorist and other threats to the transportation sector,
including surface transportation assets, posed by the use of security
technologies, including software and networked technologies, developed
or manufactured by firms that are owned or closely linked to the
governments of countries that are known to pose a cyber or homeland
security threat.
Subtitle I--Conforming and Miscellaneous Amendments
SEC. 1991. TITLE 49 AMENDMENTS.
(a) Deletion of Duties Related to Aviation Security.--Section 106(g)
is amended to read as follows:
``(g) Duties and Powers of Administrator.--The Administrator shall
carry out the following:
``(1) Duties and powers of the Secretary of Transportation
under subsection (f) of this section related to aviation safety
(except those related to transportation, packaging, marking, or
description of hazardous material) and stated in the following:
``(A) Section 308(b).
``(B) Subsections (c) and (d) of section 1132.
``(C) Sections 40101(c), 40103(b), 40106(a), 40108,
40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and
40114(a).
``(D) Chapter 445, except sections 44501(b),
44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506,
44509, 44510, 44514, and 44515.
``(E) Chapter 447, except sections 44717, 44718(a),
44718(b), 44719, 44720, 44721(b), 44722, and 44723.
``(F) Chapter 451.
``(G) Chapter 453.
``(H) Section 46104.
``(I) Subsections (d) and (h)(2) of section 46301
and sections 46303(c), 46304 through 46308, 46310,
46311, and 46313 through 46316.
``(J) Chapter 465.
``(K) Sections 47504(b) (related to flight
procedures), 47508(a), and 48107.
``(2) Additional duties and powers prescribed by the
Secretary of Transportation.''.
(b) Transportation Security Oversight Board.--Section 115 is
amended--
[[Page 132 STAT. 3627]]
(1) in subsection (c)(1), by striking ``Under Secretary of
Transportation for security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) in subsection (c)(6), by striking ``Under Secretary''
and inserting ``Administrator''.
(c) Chapter 401 Amendments.--Chapter 401 is amended--
(1) in section 40109--
(A) in subsection (b), by striking ``, 40119, 44901,
44903, 44906, and 44935-44937''; and
(B) in subsection (c), by striking ``sections 44909
and'' and inserting ``sections 44909(a), 44909(b),
and'';
(2) in section 40113--
(A) in subsection (a)--
(i) by striking ``the Under Secretary of
Transportation for Security with respect to
security duties and powers designated to be
carried out by the Under Secretary or'' and
inserting ``the Administrator of the
Transportation Security Administration with
respect to security duties and powers designated
to be carried out by that Administrator or'';
(ii) by striking ``carried out by the
Administrator'' and inserting ``carried out by
that Administrator''; and
(iii) by striking ``, Under Secretary, or
Administrator,'' and inserting ``, Administrator
of the Transportation Security Administration, or
Administrator of the Federal Aviation
Administration,''; and
(B) in subsection (d)--
(i) by striking ``Under Secretary of
Transportation for Security or the'';
(ii) by striking ``Transportation Security
Administration or Federal Aviation Administration,
as the case may be,'' and inserting ``Federal
Aviation Administration''; and
(iii) by striking ``Under Secretary or
Administrator, as the case may be,'' and inserting
``Administrator'';
(3) by striking section 40119; and
(4) <<NOTE: 49 USC 40101 prec.>> in the table of contents,
by striking the item relating to section 40119 and inserting the
following:
``40119. [Reserved].''.
(d) Chapter 449 Amendments.--Chapter 449 is amended--
(1) in section 44901--
(A) in subsection (a)--
(i) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) by striking ``, United States Code'';
(B) in subsection (c), by striking ``but not later
than the 60th day following the date of enactment of the
Aviation and Transportation Security Act'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``Under
Secretary of Transportation for
Security'' and inserting ``Administrator
of the Transportation Security
Administration''; and
[[Page 132 STAT. 3628]]
(II) in subparagraph (A), by
striking ``no later than December 31,
2002'';
(ii) by striking paragraphs (2) and (3);
(iii) by redesignating paragraph (4) as
paragraph (2); and
(iv) in paragraph (2), as redesignated--
(I) in subparagraph (A), by striking
``Assistant Secretary (Transportation
Security Administration)'' and inserting
``Administrator of the Transportation
Security Administration'';
(II) in subparagraph (B), by
striking ``Assistant Secretary'' and
inserting ``Administrator of the
Transportation Security
Administration''; and
(III) in subparagraph (D)--
(aa) by striking ``Assistant
Secretary'' the first place it
appears and inserting
``Administrator of the
Transportation Security
Administration''; and
(bb) by striking ``Assistant
Secretary'' the second place it
appears and inserting
``Administrator'';
(D) in subsection (e)--
(i) in that matter preceding paragraph (1)--
(I) by striking ``but not later than
the 60th day following the date of
enactment of the Aviation and
Transportation Security Act''; and
(II) by striking ``Under Secretary''
and inserting ``Administrator of the
Transportation Security
Administration''; and
(ii) in paragraph (4), by striking ``Under
Secretary'' and inserting ``Administrator'';
(E) in subsection (f), by striking ``after the date
of enactment of the Aviation and Transportation Security
Act'';
(F) in subsection (g)--
(i) in paragraph (1), by striking ``Not later
than 3 years after the date of enactment of the
Implementing Recommendations of the 9/11
Commission Act of 2007, the'' and inserting
``The'';
(ii) in paragraph (2), by striking ``as
follows:'' and all that follows and inserting a
period;
(iii) by amending paragraph (3) to read as
follows:
``(3) Regulations.--The Secretary of Homeland Security shall
issue a final rule as a permanent regulation to implement this
subsection in accordance with the provisions of chapter 5 of
title 5.'';
(iv) by striking paragraph (4); and
(v) by redesignating paragraph (5) as
paragraph (4);
(G) in subsection (h)--
(i) in paragraph (1), by striking ``Under
Secretary'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) in paragraph (2)--
(I) by striking ``Under Secretary''
the first place it appears and inserting
``Administrator of the Transportation
Security Administration''; and
[[Page 132 STAT. 3629]]
(II) by striking ``Under Secretary''
each place it appears and inserting
``Administrator'';
(H) in subsection (i)--
(i) in the matter preceding paragraph (1), by
striking ``Under Secretary'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) in paragraph (2), by striking ``Under
Secretary'' and inserting ``Administrator'';
(I) in subsection (j)(1)--
(i) in the matter preceding subparagraph (A),
by striking ``Before January 1, 2008, the'' and
inserting ``The''; and
(ii) in subparagraph (A), by striking ``the
date of enactment of this subsection'' and
inserting ``August 3, 2007'';
(J) in subsection (k)--
(i) in paragraph (1), by striking ``Not later
than one year after the date of enactment of this
subsection, the'' and inserting ``The'';
(ii) in paragraph (2), by striking ``Not later
than 6 months after the date of enactment of this
subsection, the'' and inserting ``The''; and
(iii) in paragraph (3), by striking ``Not
later than 180 days after the date of enactment of
this subsection, the'' in paragraph (3) and
inserting ``The''; and
(K) in subsection (l)--
(i) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking
``Beginning June 1, 2012, the Assistant
Secretary of Homeland Security
(Transportation Security
Administration)'' and inserting ``The
Administrator of the Transportation
Security Administration''; and
(II) in subparagraph (B), by
striking ``Assistant Secretary'' and
inserting ``Administrator'';
(ii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking ``Assistant
Secretary'' the first place it
appears and inserting
``Administrator of the
Transportation Security
Administration''; and
(bb) by striking ``Assistant
Secretary'' the second place it
appears and inserting
``Administrator''; and
(II) in subparagraph (B), by
striking ``Assistant Secretary'' and
inserting ``Administrator of the
Transportation Security
Administration''; and
(iii) in paragraph (4)--
(I) in subparagraph (A)--
(aa) by striking ``60 days
after the deadline specified in
paragraph (2), and not later
than'';
(bb) by striking ``Assistant
Secretary'' the first place it
appears and inserting
``Administrator of the
Transportation Security
Administration''; and
[[Page 132 STAT. 3630]]
(cc) by striking ``Assistant
Secretary'' the second place it
appears and inserting
``Administrator''; and
(II) in subparagraph (B), by
striking ``Assistant Secretary'' each
place it appears and inserting
``Administrator of the Transportation
Security Administration'';
(2) section 44902 is amended--
(A) in subsection (a), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(B) in subsection (b), by striking ``Under
Secretary'' and inserting ``Administrator of the
Transportation Security Administration'';
(3) section 44903 is amended--
(A) in subsection (a)--
(i) in the heading, by striking ``Definition''
and inserting ``Definitions'';
(ii) by redesignating paragraphs (1) through
(3) as subparagraphs (A) through (C),
respectively;
(iii) in subparagraph (B), as redesignated, by
striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator'';
(iv) in the matter preceding subparagraph (A),
as redesignated, by striking ``In this section,
`law enforcement personnel' means individuals--''
and inserting ``In this section:'';
(v) by inserting before subparagraph (A), the
following:
``(2) Law enforcement personnel.--The term `law enforcement
personnel' means individuals--''; and
(vi) by inserting before paragraph (2), as
redesignated, the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Transportation Security Administration.'';
(B) in subsection (d), by striking ``Secretary of
Transportation'' and inserting ``Administrator'';
(C) in subsection (g), by striking ``Under
Secretary's'' each place it appears and inserting
``Administrator's'';
(D) in subsection (h)--
(i) in paragraph (3), by striking
``Secretary'' and inserting ``Secretary of
Homeland Security'';
(ii) in paragraph (4)--
(I) in subparagraph (A), by striking
``, as soon as practicable after the
date of enactment of this subsection,'';
(II) in subparagraph (C), by
striking ``section 44903(c)'' and
inserting ``subsection (c)''; and
(III) in subparagraph (E), by
striking ``, not later than March 31,
2005,'';
(iii) in paragraph (5), by striking
``Assistant Secretary of Homeland Security
(Transportation Security Administration)'' and
inserting ``Administrator'';
(iv) in paragraph (6)(A)--
(I) in the matter preceding clause
(i), by striking ``Not later than 18
months after the date
[[Page 132 STAT. 3631]]
of enactment of the Implementing
Recommendations of the 9/11 Commission
Act of 2007, the'' and inserting
``The''; and
(II) in clause (i), by striking
``section'' and inserting ``paragraph'';
and
(v) in paragraph (6)(C), by striking
``Secretary'' and inserting ``Secretary of
Homeland Security'';
(E) in subsection (i)(3), by striking ``, after the
date of enactment of this paragraph,'';
(F) in subsection (j)--
(i) by amending paragraph (1) to read as
follows:
``(1) In general.--The Administrator shall periodically
recommend to airport operators commercially available measures
or procedures to prevent access to secure airport areas by
unauthorized persons.'';
(ii) in paragraph (2)--
(I) in the heading, by striking
``Computer-assisted passenger
prescreening system'' and inserting
``Secure flight program'';
(II) in subparagraph (A)--
(aa) by striking ``Computer-
Assisted Passenger Prescreening
System'' and inserting ``Secure
Flight program'';
(bb) by striking ``Secretary
of Transportation'' and
inserting ``Administrator''; and
(cc) by striking ``system''
each place it appears and
inserting ``program'';
(III) in subparagraph (B)--
(aa) by striking ``Computer-
Assisted Passenger Prescreening
System'' and inserting ``Secure
Flight program'';
(bb) by striking ``Secretary
of Transportation'' and
inserting ``Administrator''; and
(cc) by striking
``Secretary'' and inserting
``Administrator'';
(IV) in subparagraph (C)--
(aa) in clause (i), by
striking ``Not later than
January 1, 2005, the Assistant
Secretary of Homeland Security
(Transportation Security
Administration), or the designee
of the Assistant Secretary,''
and inserting ``The
Administrator'';
(bb) in clause (ii), by
striking ``Not later than 180
days after completion of testing
under clause (i), the'' and
inserting ``The''; and
(cc) in clause (iv), by
striking ``Not later than 180
days after'' and inserting
``After'';
(V) in subparagraph (D), by striking
``Assistant Secretary of Homeland
Security (Transportation Security
Administration)'' and inserting
``Administrator'';
(VI) in subparagraph (E)(i), by
striking ``Not later than 90 days after
the date on which the Assistant
Secretary assumes the performance of the
advanced passenger prescreening function
under subparagraph (C)(ii), the'' and
inserting ``The Administrator''; and
[[Page 132 STAT. 3632]]
(VII) by striking ``Assistant
Secretary'' each place it appears and
inserting ``Administrator'';
(G) in subsection (l), by striking ``Under Secretary
for Border and Transportation Security of the Department
of Homeland Security'' and inserting ``Administrator'';
(H) in subsection (m)--
(i) in paragraph (1), by striking ``Assistant
Secretary of Homeland Security (Transportation
Security Administration)'' and inserting
``Administrator''; and
(ii) by striking ``Assistant Secretary'' each
place it appears and inserting ``Administrator'';
and
(I) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator'';
(4) section 44904 is amended--
(A) in subsection (a), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(B) in subsection (c)--
(i) by striking ``section 114(t)(3)'' and
inserting ``section 114(s)(3)''; and
(ii) by striking ``section 114(t)'' and
inserting ``section 114(s)'';
(C) in subsection (d)--
(i) by striking ``Not later than 90 days after
the date of the submission of the National
Strategy for Transportation Security under section
114(t)(4)(A), the Assistant Secretary of Homeland
Security (Transportation Security
Administration)'' and inserting ``The
Administrator of the Transportation Security
Administration''; and
(ii) by striking ``section 114(t)(1)'' and
inserting ``section 114(s)(1)''; and
(D) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(5) section 44905 is amended--
(A) in subsection (a)--
(i) by striking ``Secretary of
Transportation'' and inserting ``Administrator of
the Transportation Security Administration''; and
(ii) by striking ``Secretary.'' and inserting
``Administrator.'';
(B) in subsection (b), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(C) in subsections (c), (d), and (f), by striking
``Under Secretary'' each place it appears and inserting
``Administrator of the Transportation Security
Administration'';
(6) section 44906 is amended--
(A) by striking ``Under Secretary of Transportation
for Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator'';
(7) section 44908 is amended--
[[Page 132 STAT. 3633]]
(A) by striking ``Secretary of Transportation'' each
place it appears and inserting ``Administrator of the
Transportation Security Administration'';
(B) in subsection (a), by striking ``safety or'';
and
(C) in subsection (c), by striking ``The Secretary''
and inserting ``The Administrator'';
(8) section 44909 is amended--
(A) in subsection (a)(1), by striking ``Not later
than March 16, 1991, the'' and inserting ``The''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``Not later
than 60 days after the date of enactment of the
Aviation and Transportation Security Act, each''
and inserting ``Each'';
(ii) in paragraphs (2)(F) and (5), by striking
``Under Secretary'' and inserting ``Administrator
of the Transportation Security Administration'';
and
(iii) in paragraph (6)--
(I) in subparagraph (A), by striking
``Not later than 60 days after date of
enactment of this paragraph, the'' and
inserting ``The''; and
(II) in subparagraph (B)(ii)--
(aa) by striking ``the
Secretary will'' and inserting
``the Secretary of Homeland
Security will''; and
(bb) by striking ``the
Secretary to'' and inserting
``the Secretary of Homeland
Security to'';
(9) section 44911 is amended--
(A) in subsection (b), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(B) in subsection (d), by striking ``request of the
Secretary'' and inserting ``request of the Secretary of
Homeland Security''; and
(C) in subsection (e)--
(i) by striking ``Secretary, and the Under
Secretary'' and inserting ``Secretary of Homeland
Security, and the Administrator of the
Transportation Security Administration''; and
(ii) by striking ``intelligence community and
the Under Secretary'' and inserting ``intelligence
community and the Administrator of the
Transportation Security Administration'';
(10) section 44912 is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``Under Secretary of
Transportation for Security'' and
inserting ``Administrator''; and
(II) by striking ``, not later than
November 16, 1993,''; and
(ii) in paragraph (4)(C), by striking
``Research, Engineering and Development Advisory
Committee'' and inserting ``Administrator'';
(B) in subsection (c)--
[[Page 132 STAT. 3634]]
(i) in paragraph (1), by striking ``, as a
subcommittee of the Research, Engineering, and
Development Advisory Committee,''; and
(ii) in paragraph (4), by striking ``Not later
than 90 days after the date of the enactment of
the Aviation and Transportation Security Act, and
every two years thereafter,'' and inserting
``Biennially,'';
(C) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator''; and
(D) by adding at the end the following:
``(d) Security and Research and Development Activities.--
``(1) In general.--The Administrator shall conduct research
(including behavioral research) and development activities
appropriate to develop, modify, test, and evaluate a system,
procedure, facility, or device to protect passengers and
property against acts of criminal violence, aircraft piracy, and
terrorism and to ensure security.
``(2) Disclosure.--
``(A) In general.--Notwithstanding section 552 of
title 5, the Administrator shall prescribe regulations
prohibiting disclosure of information obtained or
developed in ensuring security under this title if the
Secretary of Homeland Security decides disclosing the
information would--
``(i) be an unwarranted invasion of personal
privacy;
``(ii) reveal a trade secret or privileged or
confidential commercial or financial information;
or
``(iii) be detrimental to transportation
safety.
``(B) Information to congress.--Subparagraph (A)
does not authorize information to be withheld from a
committee of Congress authorized to have the
information.
``(C) Rule of construction.--Nothing in subparagraph
(A) shall be construed to authorize the designation of
information as sensitive security information (as
defined in section 15.5 of title 49, Code of Federal
Regulations)--
``(i) to conceal a violation of law,
inefficiency, or administrative error;
``(ii) to prevent embarrassment to a person,
organization, or agency;
``(iii) to restrain competition; or
``(iv) to prevent or delay the release of
information that does not require protection in
the interest of transportation security, including
basic scientific research information not clearly
related to transportation security.
``(D) Privacy act.--Section 552a of title 5 shall
not apply to disclosures that the Administrator of the
Transportation Security Administration may make from the
systems of records of the Transportation Security
Administration to any Federal law enforcement,
intelligence, protective service, immigration, or
national security official in order to assist the
official receiving the information in the performance of
official duties.
``(3) Transfers of duties and powers prohibited.--Except as
otherwise provided by law, the Administrator may not transfer a
duty or power under this section to another
[[Page 132 STAT. 3635]]
department, agency, or instrumentality of the United States
Government.
``(e) Definition of Administrator.--In this section, the term
`Administrator' means the Administrator of the Transportation Security
Administration.'';
(11) section 44913 is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``Under
Secretary of Transportation for Security'' and
inserting ``Administrator of the Transportation
Security Administration (referred to in this
section as `the Administrator')'';
(ii) by striking paragraph (2);
(iii) by redesignating paragraphs (3) and (4)
as paragraphs (2) and (3), respectively; and
(iv) by striking ``Under Secretary'' each
place it appears and inserting ``Administrator'';
and
(B) in subsection (b), by striking ``Secretary of
Transportation'' and inserting ``Administrator'';
(12) section 44914 is amended--
(A) by striking ``Under Secretary of Transportation
for Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(B) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator''; and
(C) by inserting ``the Department of
Transportation,'' before ``air carriers, airport
authorities, and others'';
(13) section 44915 is amended by striking ``Under Secretary
of Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration'';
(14) section 44916 is amended--
(A) in subsection (a), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(B) in subsection (b)--
(i) by striking ``Under Secretary'' the first
place it appears and inserting ``Administrator of
the Transportation Security Administration''; and
(ii) by striking ``Under Secretary'' the
second place it appears and inserting
``Administrator'';
(15) section 44917 is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by
striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) in paragraph (2), by striking ``by the
Secretary'' and inserting ``by the
Administrator'';
(B) in subsection (d)--
(i) in paragraph (1), by striking ``Assistant
Secretary for Immigration and Customs Enforcement
of the Department of Homeland Security'' and
inserting ``Administrator of the Transportation
Security Administration''; and
(ii) in paragraph (3), by striking ``Assistant
Secretary'' each place it appears and inserting
``Administrator of the Transportation Security
Administration'';
(16) section 44918 is amended--
[[Page 132 STAT. 3636]]
(A) in subsection (a)--
(i) in paragraph (2)(E), by striking ``Under
Secretary for Border and Transportation Security
of the Department of Homeland Security'' and
inserting ``Administrator of the Transportation
Security Administration'';
(ii) in paragraph (4), by striking ``Not later
than one year after the date of enactment of the
Vision 100--Century of Aviation Reauthorization
Act, the'' and inserting ``The''; and
(iii) in paragraph (5), by striking ``the date
of enactment of the Vision 100--Century of
Aviation Reauthorization Act'' and inserting
``December 12, 2003,'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Not later
than one year after the date of enactment of the
Vision 100--Century of Aviation Reauthorization
Act, the'' and inserting ``The''; and
(ii) in paragraph (6), by striking ``Federal
Air Marshals Service'' and inserting ``Federal Air
Marshal Service''; and
(C) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(17) section 44920 is amended--
(A) in subsection (g)(1), by striking ``subsection
(a) or section 44919'' and inserting ``subsection (a)'';
and
(B) by adding at the end the following:
``(i) Definition of Administrator.--In this section, the term
`Administrator' means the Administrator of the Transportation Security
Administration.'';
(18) section 44922 is amended--
(A) in the heading, by striking ``Deputation'' and
inserting ``Deputization'';
(B) in subsection (a)--
(i) in the heading, by striking ``Deputation''
and inserting ``Deputization''; and
(ii) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(C) in subsection (e), by striking ``deputation''
and inserting ``deputization''; and
(D) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(19) section 44923 is amended--
(A) in subsection (a), by striking ``Under Secretary
for Border and Transportation Security of the Department
of Homeland Security'' and inserting ``Administrator of
the Transportation Security Administration'';
(B) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(C) in subsection (e)--
(i) by striking paragraph (2); and
(ii) by striking ``(1) In general.--''; and
(D) by striking subsection (j);
[[Page 132 STAT. 3637]]
(20) section 44924 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary for Border
and Transportation Security of the Department of
Homeland Security'' and inserting ``Administrator
of the Transportation Security Administration'';
and
(ii) by striking ``Administrator under'' and
inserting ``Administrator of the Federal Aviation
Administration under'';
(B) in subsections (b), (c), (d), (e), and (f), by
striking ``Administrator'' and inserting ``Administrator
of the Federal Aviation Administration'';
(C) in subsection (f), by striking ``Not later than
240 days after the date of enactment of this section,
the'' and inserting ``The''; and
(D) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(21) section 44925 is amended--
(A) in subsection (b)(1), by striking ``Not later
than 90 days after the date of enactment of this
section, the Assistant Secretary of Homeland Security
(Transportation Security Administration)'' and inserting
``The Administrator of the Transportation Security
Administration'';
(B) in subsection (b), by striking paragraph (3);
and
(C) in subsection (d), by striking ``Assistant
Secretary'' each place it appears and inserting
``Administrator of the Transportation Security
Administration'';
(22) section 44926(b)(3) is amended by striking ``an
misidentified passenger'' and inserting ``a misidentified
passenger'';
(23) section 44927 is amended--
(A) by striking ``Assistant Secretary'' each place
it appears and inserting ``Administrator of the
Transportation Security Administration'';
(B) in subsection (a), by striking ``Veteran
Affairs'' and inserting ``Veterans Affairs''; and
(C) in subsection (f)--
(i) in the heading, by striking ``Report'' and
inserting ``Reports''; and
(ii) by striking ``Not later than 1 year after
the date of enactment of this section, and
annually thereafter,'' and inserting ``Each
year,'';
(24) section 44933 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(ii) by striking ``Federal Security Manager''
and inserting ``Federal Security Director''; and
(iii) by striking ``Managers'' each place it
appears and inserting ``Federal Security
Directors'';
(B) in subsection (b), by striking ``Manager'' and
inserting ``Federal Security Director''; and
(C) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
[[Page 132 STAT. 3638]]
(25) section 44934 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(ii) by striking ``airports. In coordination
with the Secretary'' and inserting ``airports. In
coordination with the Secretary of State'';
(iii) by striking ``The Secretary shall give
high priority'' and inserting ``The Secretary of
State shall give high priority''; and
(iv) by striking ``Under Secretary'' each
place it appears and inserting ``Administrator'';
and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by
striking ``Under Secretary'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) in paragraph (1), by striking ``Under
Secretary'' and inserting ``Administrator''; and
(C) in subsection (c), by striking ``the Secretary
and the chief'' and inserting ``the Secretary of State
and the chief'';
(26) section 44935 is amended--
(A) in subsection (a), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator'';
(B) in subsection (e)--
(i) in paragraph (1), by striking ``Under
Secretary of Transportation for Security'' and
inserting ``Administrator''; and
(ii) in paragraph (2)(A)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``Within 30
days after the date of enactment
of the Aviation and
Transportation Security Act,
the'' and inserting ``The''; and
(bb) by inserting ``other''
before ``provision of law''; and
(II) in clause (ii), by striking
``section 1102(a)(22)'' and inserting
``section 101(a)(22)'';
(C) in subsection (f)(1), by inserting ``other''
before ``provision of law'';
(D) in subsection (g)(2), by striking ``Within 60
days after the date of enactment of the Aviation and
Transportation Security Act, the'' and inserting
``The'';
(E) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator''; and
(F) by adding at the end the following:
``(l) Definition of Administrator.--In this section, the term
`Administrator' means the Administrator of the Transportation Security
Administration.'';
(27) section 44936 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary of
Transportation for Security'' each place it
appears and inserting ``Administrator'';
[[Page 132 STAT. 3639]]
(ii) in paragraph (1)--
(I) in subparagraph (A), by striking
``,,'' and inserting a comma; and
(II) by striking subparagraph (C);
and
(iii) by redesignating subparagraph (D) as
subparagraph (C);
(B) in subsection (c)(1), by striking ``Under
Secretary's'' and inserting ``Administrator's'';
(C) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator''; and
(D) by adding at the end the following:
``(f) Definition of Administrator.--In this section, the term
`Administrator' means the Administrator of the Transportation Security
Administration.'';
(28) section 44937 is amended by striking ``Under Secretary
of Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration'';
(29) section 44938 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) by striking ``Secretary of
Transportation'' and inserting ``Secretary of
Homeland Security''; and
(B) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(30) section 44939(d) is amended by striking ``Not later
than 60 days after the date of enactment of this section, the
Secretary'' and inserting ``The Secretary of Homeland
Security'';
(31) section 44940 is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``Under Secretary of
Transportation for Security'' and
inserting ``Administrator of the
Transportation Security
Administration''; and
(II) by striking the last two
sentences; and
(ii) by adding at the end the following:
``(2) Determination of costs.--
``(A) In general.--The amount of the costs under
paragraph (1) shall be determined by the Administrator
of the Transportation Security Administration and shall
not be subject to judicial review.
``(B) Definition of federal law enforcement
personnel.--For purposes of paragraph (1)(A), the term
`Federal law enforcement personnel' includes State and
local law enforcement officers who are deputized under
section 44922.'';
(B) in subsections (b), (d), (e), (g), and (h), by
striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``within 60 days of
the date of enactment of this Act, or'';
and
[[Page 132 STAT. 3640]]
(II) by striking ``thereafter''; and
(ii) in paragraph (2), by striking
``subsection (d)'' each place it appears and
inserting ``paragraph (1) of this subsection'';
(D) in subsection (e)(1), by striking ``Fees payable
to under secretary'' in the heading and inserting ``Fees
payable to administrator''; and
(E) in subsection (i)(4)--
(i) by striking subparagraphs (A) through (D);
and
(ii) by redesignating subparagraphs (E)
through (L) as subparagraphs (A) through (H),
respectively;
(32) section 44941(a) is amended by inserting ``the
Department of Homeland Security,'' after ``Department of
Transportation,'';
(33) section 44942 is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``Within
180 days after the date of enactment of
the Aviation and Transportation Security
Act, the Under Secretary for
Transportation Security may, in
consultation with'' and inserting ``The
Administrator of the Transportation
Security Administration may, in
consultation with other relevant Federal
agencies and''; and
(II) in subparagraph (A), by
striking ``, and'' and inserting ``;
and''; and
(ii) in paragraph (2), by inserting a comma
after ``Federal Aviation Administration'';
(B) in subsection (b)--
(i) by striking ``(1) Performance plan and
report.--'';
(ii) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
(iii) in paragraph (1), as redesignated--
(I) by redesignating clauses (i) and
(ii) as subparagraphs (A) and (B),
respectively;
(II) in subparagraph (A), as
redesignated, by striking ``the
Secretary and the Under Secretary for
Transportation Security shall agree''
and inserting ``the Secretary of
Homeland Security and the Administrator
of the Transportation Security
Administration shall agree''; and
(III) in subparagraph (B), as
redesignated, by striking ``the
Secretary, the Under Secretary for
Transportation Security'' and inserting
``the Secretary of Homeland Security,
the Administrator of the Transportation
Security Administration,''; and
(iv) in paragraph (2), as redesignated, by
striking ``Under Secretary for Transportation
Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(34) section 44943 is amended--
(A) in subsection (a), by striking ``Under Secretary
for Transportation Security'' and inserting
``Administrator of the Transportation Security
Administration'';
[[Page 132 STAT. 3641]]
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``Secretary and
Under Secretary of Transportation for
Security'' and inserting ``Secretary of
Homeland Security and Administrator of
the Transportation Security
Administration''; and
(II) by striking ``Under Secretary''
and inserting ``Administrator of the
Transportation Security
Administration''; and
(ii) in paragraph (2)--
(I) by striking ``Under Secretary''
the first place it appears and inserting
``Administrator of the Transportation
Security Administration''; and
(II) by striking ``Under Secretary
shall'' each place it appears and
inserting ``Administrator shall''; and
(C) in subsection (c), by striking ``Aviation
Security Act, the Under Secretary for Transportation
Security'' and inserting ``Aviation and Transportation
Security Act (Public Law 107-71; 115 Stat. 597), the
Administrator of the Transportation Security
Administration'';
(35) section 44944 is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``Under
Secretary of Transportation for Transportation
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) in paragraph (4), by inserting ``the
Administrator of the Federal Aviation
Administration,'' after ``consult with''; and
(B) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(36) section 44945(b) is amended by striking ``Assistant
Secretary'' each place it appears and inserting ``Administrator
of the Transportation Security Administration''; and
(37) section 44946 is amended--
(A) in subsection (g)--
(i) by striking paragraph (2);
(ii) by redesignating paragraph (1) as
paragraph (2); and
(iii) by inserting before paragraph (2), as
redesignated, the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Transportation Security Administration.'';
(B) by striking ``Assistant Secretary'' each place
it appears and inserting ``Administrator'';
(C) in subsection (b)(4)--
(i) by striking ``the Secretary receives'' and
inserting ``the Administrator receives''; and
(ii) by striking ``the Secretary shall'' and
inserting ``the Administrator shall''; and
(D) in subsection (c)(1)(A), by striking ``Not later
than 180 days after the date of enactment of the
Aviation Security Stakeholder Participation Act of 2014,
the'' and inserting ``The''.
[[Page 132 STAT. 3642]]
(e) Chapter 451 Amendments.--Section 45107 is amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) in subsection (b), by striking the second sentence.
(f) Chapter 461 Amendments.--Chapter 461 is amended--
(1) in each of sections 46101(a)(1), 46102(a), 46103(a),
46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking
``Under Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the
Under Secretary'' and inserting ``Administrator of the
Transportation Security Administration with respect to security
duties and powers designated to be carried out by the
Administrator of the Transportation Security Administration'';
(2) in each of sections 46101, 46102(c), 46103, 46104,
46105, 46107, and 46110 by striking ``or Administrator'' each
place it appears and inserting ``or Administrator of the Federal
Aviation Administration'';
(3) in each of sections 46101(a)(1), 46102(a) 46103(a),
46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking
``by the Administrator)'' and inserting ``by the Administrator
of the Federal Aviation Administration)'';
(4) in each of sections 46101, 46102, 46103, 46104, 46105,
46107, and 46110 by striking ``Under Secretary,'' each place it
appears and inserting ``Administrator of the Transportation
Security Administration,'';
(5) in section 46102--
(A) in subsection (b), by striking ``the
Administrator'' each place it appears and inserting
``the Administrator of the Federal Aviation
Administration'';
(B) in subsection (c), by striking ``and
Administrator'' each place it appears and inserting
``and Administrator of the Federal Aviation
Administration''; and
(C) in subsection (d), by striking ``the
Administrator, or an officer or employee of the
Administration'' in subsection (d) and inserting ``the
Administrator of the Federal Aviation Administration, or
an officer or employee of the Federal Aviation
Administration'';
(6) in section 46104--
(A) by striking ``subpena'' each place it appears
and inserting ``subpoena''; and
(B) in subsection (b)--
(i) in the heading, by striking ``Subpenas''
and inserting ``Subpoenas''; and
(ii) by striking ``the Administrator, or'' and
inserting ``the Administrator of the Federal
Aviation Administration, or'';
(7) in section 46105(c), by striking ``When the
Administrator'' and inserting ``When the Administrator of the
Federal Aviation Administration'';
(8) in section 46109, by inserting ``(or the Administrator
of the Transportation Security Administration with respect to
security duties and powers designated to be carried out by
[[Page 132 STAT. 3643]]
the Administrator of the Transportation Security Administration
or the Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator)'' after ``Secretary of
Transportation''; and
(9) in section 46111--
(A) in subsection (a)--
(i) by inserting ``the'' before ``Federal
Aviation Administration'';
(ii) by striking ``Administrator is'' and
inserting ``Administrator of the Federal Aviation
Administration is''; and
(iii) by striking ``Under Secretary for Border
and Transportation Security of the Department of
Homeland Security'' and inserting ``Administrator
of the Transportation Security Administration'';
(B) in subsections (b), (c), (e), and (g), by
striking ``Administrator'' each place it appears and
inserting ``Administrator of the Federal Aviation
Administration'';
(C) in subsection (g)(2)(A), by striking ``(18
U.S.C. App.)'' and inserting ``(18 U.S.C. App.))''; and
(D) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration''.
(g) Chapter 463 Amendments.--Chapter 463 is amended--
(1) in section 46301--
(A) in subsection (a)(5)--
(i) in subparagraph (A)(i), by striking ``or
chapter 451'' and inserting ``chapter 451''; and
(ii) in subparagraph (D), by inserting ``of
Transportation'' after ``Secretary'';
(B) in subsection (d)--
(i) in paragraph (2)--
(I) by striking ``defined by the
Secretary'' and inserting ``defined by
the Secretary of Transportation''; and
(II) by striking ``Administrator
shall'' and inserting ``Administrator of
the Federal Aviation Administration
shall'';
(ii) in paragraphs (3), (4), (5), (6), (7),
and (8), by striking ``Administrator'' each place
it appears and inserting ``Administrator of the
Federal Aviation Administration''; and
(iii) in paragraph (8), by striking ``Under
Secretary'' and inserting ``Administrator of the
Transportation Security Administration'';
(C) in subsection (e), by inserting ``of
Transportation'' after ``Secretary'';
(D) in subsection (g), by striking ``Administrator''
and inserting ``Administrator of the Federal Aviation
Administration''; and
(E) in subsection (h)(2)--
(i) by striking ``Under Secretary of
Transportation for Security with respect to
security duties and powers designated to be
carried out by the Under Secretary'' and inserting
``Administrator of the Transportation Security
Administration with respect to security duties
[[Page 132 STAT. 3644]]
and powers designated to be carried out by the
Administrator of the Transportation Security
Administration''; and
(ii) by striking ``or the Administrator with
respect to aviation safety duties and powers
designated to be carried out by the
Administrator'' and inserting ``or the
Administrator of the Federal Aviation
Administration with respect to aviation safety
duties and powers designated to be carried out by
the Administrator of the Federal Aviation
Administration'';
(2) in section 46304(b), by striking ``or the Administrator
of the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator'' and inserting ``or the Administrator of the
Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the
Administrator of the Federal Aviation Administration'';
(3) in section 46311--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Under Secretary of
Transportation for Security with respect
to security duties and powers designated
to be carried out by the Under
Secretary'' and inserting
``Administrator of the Transportation
Security Administration with respect to
security duties and powers designated to
be carried out by the Administrator of
the Transportation Security
Administration'';
(II) by striking ``the Administrator
of the Federal Aviation Administration
with respect to aviation safety duties
and powers designated to be carried out
by the Administrator'' and inserting
``or the Administrator of the Federal
Aviation Administration with respect to
aviation safety duties and powers
designated to be carried out by the
Administrator of the Federal Aviation
Administration'';
(III) by striking ``Administrator
shall'' and inserting ``Administrator of
the Federal Aviation Administration
shall''; and
(IV) by striking ``Administrator,''
and inserting ``Administrator of the
Federal Aviation Administration,''; and
(ii) in paragraph (1), by striking
``Administrator'' and inserting ``Administrator of
the Federal Aviation Administration'';
(B) in subsections (b) and (c), by striking
``Administrator'' each place it appears and inserting
``Administrator of the Federal Aviation
Administration''; and
(C) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(4) in section 46313--
(A) by striking ``Under Secretary of Transportation
for Security with respect to security duties and powers
designated to be carried out by the Under Secretary''
and inserting ``Administrator of the Transportation
Security
[[Page 132 STAT. 3645]]
Administration with respect to security duties and
powers designated to be carried out by the Administrator
of the Transportation Security Administration'';
(B) by striking ``or the Administrator of the
Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by
the Administrator'' and inserting ``or the Administrator
of the Federal Aviation Administration with respect to
aviation safety duties and powers designated to be
carried out by the Administrator of the Federal Aviation
Administration''; and
(C) by striking ``subpena'' and inserting
``subpoena''; and
(5) in section 46316(a)--
(A) by striking ``Under Secretary of Transportation
for Security with respect to security duties and powers
designated to be carried out by the Under Secretary''
and inserting ``Administrator of the Transportation
Security Administration with respect to security duties
and powers designated to be carried out by the
Administrator of the Transportation Security
Administration''; and
(B) by striking ``or the Administrator of the
Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by
the Administrator'' and inserting ``or the Administrator
of the Federal Aviation Administration with respect to
aviation safety duties and powers designated to be
carried out by the Administrator of the Federal Aviation
Administration''.
(h) Chapter 465 Amendments.--Chapter 465 is amended--
(1) in section 46505(d)(2), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) in the table of contents for chapter 465 of subtitle
VII, by <<NOTE: 49 USC 46501 prec.>> striking the following:
``46503. Repealed.''.
(i) <<NOTE: 49 USC 8301 prec. 49 USC 8301.>> Chapter 483 Repeal.--
(1) In general.--Chapter 483 is repealed.
(2) Conforming amendment.--The table of contents for
subtitle VII <<NOTE: 49 USC 40101 prec.>> is amended by
striking the following:
``483. Aviation security funding................................48301''.
(j) Authority To Exempt.--
(1) In general.--Subchapter II of chapter 449 is amended by
inserting before section 44933 the following:
``Sec. 44931. <<NOTE: 49 USC 44931 note.>> Authority to exempt
``The Secretary of Homeland Security may grant an exemption from a
regulation prescribed in carrying out sections 44901, 44903, 44906,
44909(c), and 44935-44937 of this title when the Secretary decides the
exemption is in the public interest.
``Sec. 44932. <<NOTE: 49 USC 44932 note.>> Administrative
``(a) General Authority.--The Secretary of Homeland Security or the
Administrator of the Transportation Security Administration may take
action the Secretary or the Administrator considers necessary to carry
out this chapter and chapters 461, 463, and 465
[[Page 132 STAT. 3646]]
of this title, including conducting investigations, prescribing
regulations, standards, and procedures, and issuing orders.
``(b) Indemnification.--The Administrator of the Transportation
Security Administration may indemnify an officer or employee of the
Transportation Security Administration against a claim or judgment
arising out of an act that the Administrator decides was committed
within the scope of the official duties of the officer or employee.''.
(2) Table of contents.--The table of contents of chapter 449
is <<NOTE: 49 USC 44901 prec.>> amended by inserting before the
item relating to section 44933 the following:
``44931. Authority to exempt.
``44932. Administrative.''.
SEC. 1992. TABLE OF CONTENTS OF CHAPTER 449.
The table of contents of chapter 449 <<NOTE: 49 USC 44901 prec.>>
is amended--
(1) in the item relating to section 44922, by striking
``Deputation'' and inserting ``Deputization''; and
(2) by inserting after section 44941 the following:
``44942. Performance goals and objectives.
``44943. Performance management system.''.
SEC. 1993. OTHER LAWS; INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
Section 4016(c) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (49 U.S.C. 44917 note) is amended--
(1) in paragraph (1), by striking ``Assistant Secretary for
Immigration and Customs Enforcement'' and inserting
``Administrator of the Transportation Security Administration'';
and
(2) in paragraph (2), by striking ``Assistant Secretary for
Immigration and Customs Enforcement and the Director of Federal
Air Marshal Service of the Department of Homeland Security, in
coordination with the Assistant Secretary of Homeland Security
(Transportation Security Administration),'' and inserting
``Administrator of the Transportation Security Administration
and the Director of Federal Air Marshal Service of the
Department of Homeland Security''.
SEC. 1994. <<NOTE: 49 USC 114 note.>> SAVINGS PROVISIONS.
References relating to the Under Secretary of Transportation for
Security in statutes, Executive orders, rules, regulations, directives,
or delegations of authority that precede the effective date
[[Page 132 STAT. 3647]]
of this Act shall be deemed to refer, as appropriate, to the
Administrator of the Transportation Security Administration.
Approved October 5, 2018.
LEGISLATIVE HISTORY--H.R. 302 (S. 808):
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CONGRESSIONAL RECORD:
Vol. 163 (2017):
Jan. 9, considered and passed House.
Vol. 164 (2018):
Sept. 6, considered and passed
Senate, amended.
Sept. 26, House concurred in Senate
amendment with an amendment
pursuant to H. Res. 1082.
Sept. 28, Oct. 1-3, Senate concurred
in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Oct. 5, Presidential statement.
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