HR 302 ENR: FAA Reauthorization Act of 2018 U.S. House of Representatives text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I One Hundred Fifteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen H. R. 302 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.

1.

Short title; table of contents

(a)

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Sec. 1992. Table of contents of chapter 449. Sec. 1993. Other laws; Intelligence Reform and Terrorism Prevention Act of 2004. Sec. 1994. Savings provisions.

A

Sports Medicine Licensure

11.

Short title

This division may be cited as the Sports Medicine Licensure Clarity Act of 2018.

12.

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— (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. (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.

B

FAA Reauthorization Act of 2018

101.

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.

C

National Transportation Safety Board Reauthorization Act of 2018

1101.

Short title

This division may be cited as the National Transportation Safety Board Reauthorization Act.

1102.

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.

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..

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 (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 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..

1105.

Electronic records

Section 1134(a)(2) of title 49, United States Code, is amended by inserting including an electronic record, after record,.

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 (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.

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:

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; (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, is amended by inserting after the item relating to section 1116 the following: 117. Methodology..

1108.

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.

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 (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:

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, is amended by inserting after the item relating to section 1139 the following: 1140. Information for families of individuals involved in accidents..

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: (5) the process and procedures to select an accident to investigate;; and (2)in subsection (c), by inserting a comma after Science.

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, is amended by striking the item relating to section 1116 and inserting the following: 1116. Reports, studies, and retrospective reviews.. (c)

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.

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

(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: (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.

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, 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.

D

Disaster Recovery Reform

1201.

Short title

This division may be cited as the Disaster Recovery Reform Act of 2018.

1202.

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.

1203.

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).

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 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)

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).

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 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..

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..

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.. (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..

1208.

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.

1209.

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; (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.

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 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)

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)

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)

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. (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)

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.

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— (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 (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)

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 (3)the housing solution was implemented within 90 days of the disaster.

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..

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— (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.

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,.

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..

1216.

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— (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

(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.

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. (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).

1218.

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.

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— (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..

1220.

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.

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 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)

Regulations

The Administrator shall issue regulations to implement the amendment made by this section.

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..

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.

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:

430.

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; (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 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 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).

.

1225.

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.

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.

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 (2)in subsection (b), by striking and other relief or and inserting long-term recovery groups, domestic hunger relief, and other relief, or.

1228.

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).

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.

1230.

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.

1231.

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 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.

1232.

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.

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: (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..

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; (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)

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 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)

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.

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: (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).

1236.

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.

1237.

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. (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.

1238.

Federal assistance to individuals and households and nonprofit facilities

(a)

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. (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)

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.

1239.

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.

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.

1241.

Post disaster building safety assessment

(a)

Building safety assessment team

(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.

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.

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); (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.).

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.

1245.

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 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.

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.

E

Concrete masonry

1301.

Short title

This division may be cited as the Concrete Masonry Products Research, Education, and Promotion Act of 2018.

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.

1303.

Definitions

For the purposes of this division: (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. (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.

1304.

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 (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.

1305.

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. (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; (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 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. (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. (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. (4)

Withholding information

This subsection does not authorize the withholding of information from Congress.

1306.

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 (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).

1307.

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. (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.

1308.

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. (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.

1309.

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 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.

1310.

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.

1311.

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 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.

1312.

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.

1313.

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.

1314.

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.

1315.

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.

1316.

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. (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.

1317.

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; (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.

1318.

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.

F

BUILD Act of 2018

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.

1402.

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))).

G

Syria Study Group

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: (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 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 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).

H

Preventing Emerging Threats

1601.

Short title

This division may be cited as the Preventing Emerging Threats Act of 2018.

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:

210G.

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 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, 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 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; (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— (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 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. (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..

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:

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— (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, is amended by inserting after the item relating to section 103 the following: 104. Protecting against unmanned aircraft..

I

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:

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 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.

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.

J

Maritime security

1801.

Short title

This division may be cited as the Maritime Security Improvement Act of 2018.

1802.

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.

1803.

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).

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..

1805.

Cybersecurity information sharing and coordination in ports

(a)

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— (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)

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 (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)

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.

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..

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:

435.

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..

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 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.

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)

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)

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). (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, 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]..

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.

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:

436.

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, 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..

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.

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. (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.

1814.

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).

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. (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.

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:

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 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.

K

Transportation Security

Speaker of the House of Representatives.Vice President of the United States and President of the Senate.