[Congressional Record Volume 164, Number 159 (Wednesday, September 26, 2018)]
[House]
[Pages H8905-H9040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FAA REAUTHORIZATION ACT OF 2018
Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1082) providing for the concurrence by the
House in the Senate amendment to H.R. 302, with an amendment.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1082
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill, H.R. 302, with the Senate amendment thereto,
and to have concurred in the Senate amendment with the
following amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
SECTION 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.
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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.
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Sec. 420. Report to Congress on air ambulance oversight.
Sec. 421. Refunds for other fees that are not honored by a covered air
carrier.
Sec. 422. Advance boarding during pregnancy .
Sec. 423. Consumer complaint process improvement.
Sec. 424. Aviation consumer advocate.
Sec. 425. TICKETS Act.
Sec. 426. Report on availability of lavatories on commercial aircraft.
Sec. 427. Consumer protection requirements relating to large ticket
agents.
Sec. 428. Widespread disruptions.
Sec. 429. Passenger rights.
Subtitle B--Aviation Consumers With Disabilities
Sec. 431. Aviation consumers with disabilities study.
Sec. 432. Study on in-cabin wheelchair restraint systems.
Sec. 433. Improving wheelchair assistance for individuals with
disabilities .
Sec. 434. Airline Passengers with Disabilities Bill of Rights.
Sec. 435. Sense of Congress regarding equal access for individuals with
disabilities.
Sec. 436. Civil penalties relating to harm to passengers with
disabilities.
Sec. 437. Harmonization of service animal standards.
Sec. 438. Review of practices for ticketing, pre-flight seat
assignments, and stowing of assistive devices for
passengers with disabilities.
Sec. 439. Advisory committee on the air travel needs of passengers with
disabilities.
Sec. 440. Regulations ensuring assistance for passengers with
disabilities in air transportation.
Sec. 441. Transparency for disabled passengers.
Subtitle C--Small Community Air Service
Sec. 451. Essential air service authorization.
Sec. 452. Study on essential air service reform.
Sec. 453. Air transportation to noneligible places.
Sec. 454. Inspector general review of service and oversight of
unsubsidized carriers.
Sec. 455. Small community air service.
Sec. 456. Waivers.
Sec. 457. Extension of final order establishing mileage adjustment
eligibility.
Sec. 458. Reduction in subsidy-per-passenger.
TITLE V--MISCELLANEOUS
Sec. 501. Definitions.
Sec. 502. Report on air traffic control modernization.
Sec. 503. Return on investment report.
Sec. 504. Air traffic control operational contingency plans.
Sec. 505. 2020 ADS-B Out mandate plan.
Sec. 506. Securing aircraft avionics systems.
Sec. 507. Human factors.
Sec. 508. Programmatic risk management.
Sec. 509. Review of FAA strategic cybersecurity plan.
Sec. 510. Consolidation and realignment of FAA services and facilities.
Sec. 511. FAA review and reform.
Sec. 512. Air shows.
Sec. 513. Part 91 review, reform, and streamlining.
Sec. 514. Aircraft leasing.
Sec. 515. Pilots sharing flight expenses with passengers.
Sec. 516. Terminal Aerodrome Forecast.
Sec. 517. Public aircraft eligible for logging flight times.
Sec. 518. Aircraft Registry Office.
Sec. 519. FAA data transparency.
Sec. 520. Intra-agency coordination.
Sec. 521. Administrative Services Franchise Fund.
Sec. 522. Automatic dependent surveillance-broadcast.
Sec. 523. Contract weather observers.
Sec. 524. Regions and centers.
Sec. 525. Geosynthetic materials.
Sec. 526. National Airmail Museum.
Sec. 527. Status of agreement between FAA and Little Rock Port
Authority.
Sec. 528. Briefing on aircraft diversions from Los Angeles
International Airport to Hawthorne Municipal Airport.
Sec. 529. TFR report.
Sec. 530. Air traffic services at aviation events.
Sec. 531. Application of veterans' preference to Federal Aviation
Administration personnel management system.
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.
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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.
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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.
DIVISION A--SPORTS MEDICINE LICENSURE
SEC. 11. SHORT TITLE.
This division may be cited as the ``Sports Medicine
Licensure Clarity Act of 2018''.
SEC. 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;
[[Page H8910]]
(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.
DIVISION B--FAA REAUTHORIZATION ACT OF 2018
SEC. 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.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 111. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103(a) of title 49, United
States Code, is amended by striking ``section 47504(c)'' and
all that follows through the period at the end and inserting
the following: ``section 47504(c)--
``(1) $3,350,000,000 for fiscal year 2018;
``(2) $3,350,000,000 for fiscal year 2019;
``(3) $3,350,000,000 for fiscal year 2020;
``(4) $3,350,000,000 for fiscal year 2021;
``(5) $3,350,000,000 for fiscal year 2022; and
``(6) $3,350,000,000 for fiscal year 2023.''.
(b) Obligation Authority.--Section 47104(c) of title 49,
United States Code, is amended in the matter preceding
paragraph (1) by striking ``2018,'' and inserting ``2023,''.
SEC. 112. FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations From Airport and Airway
Trust Fund.--Section 48101(a) of title 49, United States
Code, is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) $3,330,000,000 for fiscal year 2018.
``(2) $3,398,000,000 for fiscal year 2019.
``(3) $3,469,000,000 for fiscal year 2020.
``(4) $3,547,000,000 for fiscal year 2021.
``(5) $3,624,000,000 for fiscal year 2022.
``(6) $3,701,000,000 for fiscal year 2023.''.
(b) Authorized Expenditures.--Section 48101(c) of title 49,
United States Code, is amended--
(1) in the subsection heading by striking ``Automated
Surface Observation System/Automated Weather Observing System
Upgrade'' and inserting ``Authorized Expenditures''; and
(2) by striking ``may be used for the implementation'' and
all that follows through the period at the end and inserting
the following: ``may be used for the following:
``(1) The implementation and use of upgrades to the current
automated surface observation system/automated weather
observing system, if the upgrade is successfully
demonstrated.
``(2) The acquisition and construction of remote towers (as
defined in section 161 of the FAA Reauthorization Act of
2018).
``(3) The remediation and elimination of identified
cybersecurity vulnerabilities in the air traffic control
system.
``(4) The construction of facilities dedicated to improving
the cybersecurity of the National Airspace System.
``(5) Systems associated with the Data Communications
program.
``(6) The infrastructure, sustainment, and the elimination
of the deferred maintenance backlog of air navigation
facilities and other facilities for which the Federal
Aviation Administration is responsible.
``(7) The modernization and digitization of the Civil
Aviation Registry.
``(8) The construction of necessary Priority 1 National
Airspace System facilities.
``(9) Cost-beneficial construction, rehabilitation, or
retrofitting programs designed to reduce Federal Aviation
Administration facility operating costs.''.
SEC. 113. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) of title 49, United
States Code, is amended by striking subparagraphs (A) through
(F) and inserting the following:
``(A) $10,247,000,000 for fiscal year 2018;
``(B) $10,486,000,000 for fiscal year 2019;
``(C) $10,732,000,000 for fiscal year 2020;
``(D) $11,000,000,000 for fiscal year 2021;
``(E) $11,269,000,000 for fiscal year 2022; and
``(F) $11,537,000,000 for fiscal year 2023.''.
(b) Authorized Expenditures.--Section 106(k)(2) of title
49, United States Code, is amended by adding at the end the
following:
``(D) Not more than the following amounts for commercial
space transportation activities:
``(i) $22,587,000 for fiscal year 2018.
``(ii) $33,038,000 for fiscal year 2019.
``(iii) $43,500,000 for fiscal year 2020.
``(iv) $54,970,000 for fiscal year 2021.
``(v) $64,449,000 for fiscal year 2022.
``(vi) $75,938,000 for fiscal year 2023.''.
(c) Authority to Transfer Funds.--Section 106(k)(3) of
title 49, United States Code, is amended by striking ``fiscal
years 2012 through 2018,'' and inserting ``fiscal years 2018
through 2023,''.
SEC. 114. WEATHER REPORTING PROGRAMS.
Section 48105 of title 49, United States Code, is amended--
(1) by striking ``To reimburse the'' and all that follows
through ``the Secretary of Transportation'' and inserting
``To sustain the aviation weather reporting programs of the
Federal Aviation Administration, the Secretary of
Transportation''; and
(2) by adding at the end the following:
``(4) $39,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 115. ADJUSTMENT TO AIP PROGRAM FUNDING.
Section 48112 of title 49, United States Code, and the item
relating to such section in the analysis for chapter 481 of
such title, are repealed.
SEC. 116. FUNDING FOR AVIATION PROGRAMS.
Section 48114(a)(1)(A)(ii) of title 49, United States Code,
is amended by striking ``in fiscal year 2014 and each fiscal
year thereafter'' and inserting ``in fiscal years 2014
through 2018''.
SEC. 117. EXTENSION OF EXPIRING AUTHORITIES.
(a) Marshall Islands, Micronesia, and Palau.--Section 47115
of title 49, United States Code, is amended--
(1) by striking subsection (i);
(2) by redesignating subsection (j) as subsection (i); and
(3) in subsection (i) (as so redesignated), by striking
``fiscal years 2012 through 2018'' and inserting ``fiscal
years 2018 through 2023''.
(b) Extension of Compatible Land Use Planning and Projects
by State and Local Governments.--Section 47141(f) of title
49, United States Code, is amended by striking ``September
30, 2018'' and inserting ``September 30, 2023''.
(c) Midway Island Airport.--Section 186(d) of the Vision
100--Century of Aviation Reauthorization Act (Public Law 108-
176; 117 Stat. 2518) is amended by striking ``for fiscal
years 2012 through 2018'' and inserting ``for fiscal years
2018 through 2023''.
(d) Extension of Pilot Program for Redevelopment of Airport
Properties.--Section 822(k) of the FAA Modernization and
[[Page H8911]]
Reform Act of 2012 (49 U.S.C. 47141 note) is amended by
striking ``September 30, 2018'' and inserting ``September 30,
2023''.
Subtitle B--Passenger Facility Charges
SEC. 121. PASSENGER FACILITY CHARGE MODERNIZATION.
(a) Passenger Facility Charges; General Authority.--Section
40117(b)(4) of title 49, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``, if the Secretary finds--'' and inserting a period; and
(2) by striking subparagraphs (A) and (B).
(b) Pilot Program for Passenger Facility Charge
Authorizations at Nonhub Airports.--Section 40117(l) of title
49, United States Code, is amended--
(1) in the heading, by striking ``at Nonhub Airports'';
(2) in paragraph (1), by striking ``nonhub''; and
(3) in paragraph (6), by striking ``Not later than 180 days
after the date of enactment of this subsection, the'' and
inserting ``The''.
SEC. 122. FUTURE AVIATION INFRASTRUCTURE AND FINANCING STUDY.
(a) Future Aviation Infrastructure and Financing Study.--
Not later than 60 days after the date of enactment of this
Act, the Secretary of Transportation shall enter into an
agreement with a qualified organization to conduct a study
assessing the infrastructure needs of airports and existing
financial resources for commercial service airports and make
recommendations on the actions needed to upgrade the national
aviation infrastructure system to meet the growing and
shifting demands of the 21st century.
(b) Consultation.--In carrying out the study, the qualified
organization shall convene and consult with a panel of
national experts, including representatives of--
(1) nonhub airports;
(2) small hub airports;
(3) medium hub airports;
(4) large hub airports;
(5) airports with international service;
(6) nonprimary airports;
(7) local elected officials;
(8) relevant labor organizations;
(9) passengers;
(10) air carriers;
(11) the tourism industry; and
(12) the business travel industry.
(c) Considerations.--In carrying out the study, the
qualified organization shall consider--
(1) the ability of airport infrastructure to meet current
and projected passenger volumes;
(2) the available financial tools and resources for
airports of different sizes;
(3) the available financing tools and resources for
airports in rural areas;
(4) the current debt held by airports, and its impact on
future construction and capacity needs;
(5) the impact of capacity constraints on passengers and
ticket prices;
(6) the purchasing power of the passenger facility charge
from the last increase in 2000 to the year of enactment of
this Act;
(7) the impact to passengers and airports of indexing the
passenger facility charge for inflation;
(8) how long airports are constrained with current
passenger facility charge collections;
(9) the impact of passenger facility charges on promoting
competition;
(10) the additional resources or options to fund terminal
construction projects;
(11) the resources eligible for use toward noise reduction
and emission reduction projects;
(12) the gap between the cost of projects eligible for the
airport improvement program and the annual Federal funding
provided;
(13) the impact of regulatory requirements on airport
infrastructure financing needs;
(14) airline competition;
(15) airline ancillary fees and their impact on ticket
pricing and taxable revenue; and
(16) the ability of airports to finance necessary safety,
security, capacity, and environmental projects identified in
capital improvement plans.
(d) Large Hub Airports.--The study shall, to the extent not
considered under subsection (c), separately evaluate the
infrastructure requirements of the large hub airports
identified in the National Plan of Integrated Airport Systems
(NPIAS). The evaluation shall--
(1) analyze the current and future capacity constraints of
large hub airports;
(2) quantify large hub airports' infrastructure
requirements, including terminal, landside, and airside
infrastructure;
(3) quantify the percentage growth in infrastructure
requirements of the large hub airports relative to other
commercial service airports;
(4) analyze how much funding from the airport improvement
program (AIP) has gone to meet the requirements of large hub
airports over the past 10 years; and
(5) project how much AIP funding would be available to meet
the requirements of large hub airports in the next 5 years if
funding levels are held constant.
(e) Report.--Not later than 15 months after the date of
enactment of this Act, the qualified organization shall
submit to the Secretary and the appropriate committees of
Congress a report on the results of the study described in
subsection (a), including its findings and recommendations
related to each item in subsections (c) and (d).
(f) Definition of Qualified Organization.--In this section,
the term ``qualified organization'' means an independent
nonprofit organization that recommends solutions to public
policy challenges through objective analysis.
SEC. 123. INTERMODAL ACCESS PROJECTS.
Not later than 6 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall, after consideration of all public comments, publish in
the Federal Register a final policy amendment consistent with
the notice published in the Federal Register on May 3, 2016
(81 Fed. Reg. 26611).
Subtitle C--Airport Improvement Program Modifications
SEC. 131. GRANT ASSURANCES.
Section 47107 of title 49, United States Code, is amended--
(1) in subsection (a)(17), by striking ``each contract''
and inserting ``if any phase of such project has received
funds under this subchapter, each contract'';
(2) in subsection (r)(3), by striking ``2018'' and
inserting ``2023''; and
(3) by adding at the end the following:
``(u) Construction of Recreational Aircraft.--
``(1) In general.--The construction of a covered aircraft
shall be treated as an aeronautical activity for purposes
of--
``(A) determining an airport's compliance with a grant
assurance made under this section or any other provision of
law; and
``(B) the receipt of Federal financial assistance for
airport development.
``(2) Covered aircraft defined.--In this subsection, the
term `covered aircraft' means an aircraft--
``(A) used or intended to be used exclusively for
recreational purposes; and
``(B) constructed or under construction by a private
individual at a general aviation airport.
``(v) Community Use of Airport Land.--
``(1) In general.--Notwithstanding subsection (a)(13), and
subject to paragraph (2), the sponsor of a public-use airport
shall not be considered to be in violation of this subtitle,
or to be found in violation of a grant assurance made under
this section, or under any other provision of law, as a
condition for the receipt of Federal financial assistance for
airport development, solely because the sponsor has entered
into an agreement, including a revised agreement, with a
local government providing for the use of airport property
for an interim compatible recreational purpose at below fair
market value.
``(2) Restrictions.--This subsection shall apply only--
``(A) to an agreement regarding airport property that was
initially entered into before the publication of the Federal
Aviation Administration's Policy and Procedures Concerning
the Use of Airport Revenue, dated February 16, 1999;
``(B) if the agreement between the sponsor and the local
government is subordinate to any existing or future
agreements between the sponsor and the Secretary, including
agreements related to a grant assurance under this section;
``(C) to airport property that was acquired under a Federal
airport development grant program;
``(D) if the airport sponsor has provided a written
statement to the Administrator that the property made
available for a recreational purpose will not be needed for
any aeronautical purpose during the next 10 years;
``(E) if the agreement includes a term of not more than 2
years to prepare the airport property for the interim
compatible recreational purpose and not more than 10 years of
use for that purpose;
``(F) if the recreational purpose will not impact the
aeronautical use of the airport;
``(G) if the airport sponsor provides a certification that
the sponsor is not responsible for preparation, start-up,
operations, maintenance, or any other costs associated with
the recreational purpose; and
``(H) if the recreational purpose is consistent with
Federal land use compatibility criteria under section 47502.
``(3) Statutory construction.--Nothing in this subsection
may be construed as permitting a diversion of airport revenue
for the capital or operating costs associated with the
community use of airport land.''.
SEC. 132. MOTHERS' ROOMS.
(a) Grant Assurances.--Section 47107 of title 49, United
States Code, as amended by this Act, is further amended by
adding at the end the following:
``(w) Mothers' Rooms.--
``(1) In general.--In fiscal year 2021 and each fiscal year
thereafter, the Secretary of Transportation may approve an
application under this subchapter for an airport development
project grant only if the Secretary receives written
assurances that the airport owner or operator will maintain--
``(A) a lactation area in the sterile area of each
passenger terminal building of the airport; and
``(B) a baby changing table in one men's and one women's
restroom in each passenger terminal building of the airport.
``(2) Applicability.--
``(A) Airport size.--The requirement in paragraph (1) shall
only apply to applications submitted by the airport sponsor
of a medium or large hub airport.
``(B) Preexisting facilities.--On application by an airport
sponsor, the Secretary may determine that a lactation area in
existence on the date of enactment of this Act complies with
the requirement in paragraph
[[Page H8912]]
(1), notwithstanding the absence of one of the facilities or
characteristics referred to in the definition of the term
`lactation area' in this subsection.
``(C) Special rule.--The requirement in paragraph (1) shall
not apply with respect to a project grant application for a
period of time, determined by the Secretary, if the Secretary
determines that construction or maintenance activities make
it impracticable or unsafe for the lactation area to be
located in the sterile area of the building.
``(3) Definition.--In this section, the term--
``(A) `lactation area' means a room or similar
accommodation that--
``(i) provides a location for members of the public to
express breast milk that is shielded from view and free from
intrusion from the public;
``(ii) has a door that can be locked;
``(iii) includes a place to sit, a table or other flat
surface, a sink or sanitizing equipment, and an electrical
outlet;
``(iv) is readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs;
and
``(v) is not located in a restroom; and
``(B) `sterile area' has the same meaning given that term
in section 1540.5 of title 49, Code of Federal
Regulations.''.
(b) Terminal Development Costs.--Section 47119(a) of title
49, United States Code, is amended by adding at the end the
following:
``(3) Lactation areas.--In addition to the projects
described in paragraph (1), the Secretary may approve a
project for terminal development for the construction or
installation of a lactation area (as defined in section
47107(w)) at a commercial service airport.''.
SEC. 133. CONTRACT TOWER PROGRAM.
(a) Air Traffic Control Contract Program.--
(1) Special rule.--Section 47124(b)(1)(B) of title 49,
United States Code, is amended--
(A) by striking ``under the program continued under this
paragraph'' and inserting ``under the Contract Tower
Program''; and
(B) by striking ``exceeds the benefit for a period of 18
months after such determination is made'' and inserting the
following: ``exceeds the benefit--
``(i) for the 1-year period after such determination is
made; or
``(ii) if an appeal of such determination is requested, for
the 1-year period described in subsection (d)(4)(D).''.
(2) Exemption.--Section 47124(b)(3)(D) of title 49, United
States Code, is amended--
(A) by striking ``under the program'' and inserting ``under
the Cost-share Program''; and
(B) by adding at the end the following: ``Airports with air
service provided under part 121 of title 14, Code of Federal
Regulations, and more than 25,000 passenger enplanements in
calendar year 2014 shall be exempt from any cost-share
requirement under this paragraph.''.
(3) Construction of air traffic control towers.--
(A) Grants.--Section 47124(b)(4)(A) of title 49, United
States Code, is amended in each of clauses (i)(III) and
(ii)(III) by inserting ``, including remote air traffic
control tower equipment certified by the Federal Aviation
Administration'' after ``1996''.
(B) Eligibility.--Section 47124(b)(4)(B)(i)(I) of title 49,
United States Code, is amended by striking ``contract tower
program established under subsection (a) and continued under
paragraph (1) or the pilot program established under
paragraph (3)'' and inserting ``Contract Tower Program or the
Cost-share Program''.
(C) Limitation on federal share.--Section 47124(b)(4) of
title 49, United States Code, is amended by striking
subparagraph (C).
(4) Benefit-to-cost calculation for program applicants.--
Section 47124(b)(3) of title 49, United States Code, is
amended by adding at the end the following:
``(G) Benefit-to-cost calculation.--Not later than 90 days
after receiving an application to the Contract Tower Program,
the Secretary shall calculate a benefit-to-cost ratio (as
described in subsection (d)) for the applicable air traffic
control tower for purposes of selecting towers for
participation in the Contract Tower Program.''.
(b) Criteria To Evaluate Participants.--Section 47124 of
title 49, United States Code, is amended by adding at the end
the following:
``(d) Criteria To Evaluate Participants.--
``(1) Timing of evaluations.--
``(A) Towers participating in cost-share program.--In the
case of an air traffic control tower that is operated under
the Cost-share Program, the Secretary shall annually
calculate a benefit-to-cost ratio with respect to the tower.
``(B) Towers participating in contract tower program.--In
the case of an air traffic control tower that is operated
under the Contract Tower Program, the Secretary shall not
calculate a benefit-to-cost ratio after the date of enactment
of this subsection with respect to the tower unless the
Secretary determines that the annual aircraft traffic at the
airport where the tower is located has decreased--
``(i) by more than 25 percent from the previous year; or
``(ii) by more than 55 percent cumulatively in the
preceding 3-year period.
``(2) Costs to be considered.--In establishing a benefit-
to-cost ratio under this section with respect to an air
traffic control tower, the Secretary shall consider only the
following costs:
``(A) The Federal Aviation Administration's actual cost of
wages and benefits of personnel working at the tower.
``(B) The Federal Aviation Administration's actual
telecommunications costs directly associated with the tower.
``(C) The Federal Aviation Administration's costs of
purchasing and installing any air traffic control equipment
that would not have been purchased or installed except as a
result of the operation of the tower.
``(D) The Federal Aviation Administration's actual travel
costs associated with maintaining air traffic control
equipment that is owned by the Administration and would not
be maintained except as a result of the operation of the
tower.
``(E) Other actual costs of the Federal Aviation
Administration directly associated with the tower that would
not be incurred except as a result of the operation of the
tower (excluding costs for noncontract tower-related
personnel and equipment, even if the personnel or equipment
is located in the contract tower building).
``(3) Other criteria to be considered.--In establishing a
benefit-to-cost ratio under this section with respect to an
air traffic control tower, the Secretary shall add a 10
percentage point margin of error to the benefit-to-cost ratio
determination to acknowledge and account for the direct and
indirect economic and other benefits that are not included in
the criteria the Secretary used in calculating that ratio.
``(4) Review of cost-benefit determinations.--In issuing a
benefit-to-cost ratio determination under this section with
respect to an air traffic control tower located at an
airport, the Secretary shall implement the following
procedures:
``(A) The Secretary shall provide the airport (or the State
or local government having jurisdiction over the airport) at
least 90 days following the date of receipt of the
determination to submit to the Secretary a request for an
appeal of the determination, together with updated or
additional data in support of the appeal.
``(B) Upon receipt of a request for an appeal submitted
pursuant to subparagraph (A), the Secretary shall--
``(i) transmit to the Administrator of the Federal Aviation
Administration any updated or additional data submitted in
support of the appeal; and
``(ii) provide the Administrator not more than 90 days to
review the data and provide a response to the Secretary based
on the review.
``(C) After receiving a response from the Administrator
pursuant to subparagraph (B), the Secretary shall--
``(i) provide the airport, State, or local government that
requested the appeal at least 30 days to review the response;
and
``(ii) withhold from taking further action in connection
with the appeal during that 30-day period.
``(D) If, after completion of the appeal procedures with
respect to the determination, the Secretary requires the
tower to transition into the Cost-share Program, the
Secretary shall not require a cost-share payment from the
airport, State, or local government for 1 year following the
last day of the 30-day period described in subparagraph (C).
``(e) Definitions.--In this section:
``(1) Contract tower program.--The term `Contract Tower
Program' means the level I air traffic control tower contract
program established under subsection (a) and continued under
subsection (b)(1).
``(2) Cost-share program.--The term `Cost-share Program'
means the cost-share program established under subsection
(b)(3).''.
(c) Conforming Amendments.--Section 47124(b) of title 49,
United States Code, is amended--
(1) in paragraph (1)(C), by striking ``the program
established under paragraph (3)'' and inserting ``the Cost-
share Program'';
(2) in paragraph (3)--
(A) in the heading, by striking ``contract air traffic
control tower program'' and inserting ``Cost-share program'';
(B) in subparagraph (A), by striking ``contract tower
program established under subsection (a) and continued under
paragraph (1) (in this paragraph referred to as the `Contract
Tower Program')'' and inserting ``Contract Tower Program'';
(C) in subparagraph (B), by striking ``In carrying out the
program'' and inserting ``In carrying out the Cost-share
Program'';
(D) in subparagraph (C), by striking ``participate in the
program'' and inserting ``participate in the Cost-share
Program''; and
(E) in subparagraph (F), by striking ``the program
continued under paragraph (1)'' and inserting ``the Contract
Tower Program''.
(d) Approval of Certain Applications for the Contract Tower
Program.--
(1) In general.--If the Administrator of the Federal
Aviation Administration has not implemented a revised cost-
benefit methodology for purposes of determining eligibility
for the Contract Tower Program before the date that is 30
days after the date of enactment of this Act, any airport
with an application for participation in the Contract Tower
Program pending as of January 1, 2017, shall be approved for
participation in the Contract Tower Program if the
Administrator determines the tower is eligible under the
criteria set forth in the Federal Aviation
[[Page H8913]]
Administration report entitled ``Establishment and
Discontinuance Criteria for Airport Traffic Control Towers'',
and dated August 1990 (FAA-APO-90-7).
(2) Requests for additional authority.--The Administrator
shall respond not later than 60 days after the date the
Administrator receives a formal request from an airport and
air traffic control contractor for additional authority to
expand contract tower operational hours and staff to
accommodate flight traffic outside of current tower
operational hours.
(3) Definition of contract tower program.--In this section,
the term ``Contract Tower Program'' has the meaning given the
term in section 47124(e) of title 49, United States Code, as
added by this Act.
SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109(a) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``primary airport having
at least .25 percent of the total number of passenger
boardings each year at all commercial service airports;'' and
inserting ``medium or large hub airport;''; and
(2) by striking paragraph (5) and inserting the following:
``(5) 95 percent for a project that--
``(A) the Administrator determines is a successive phase of
a multiphase construction project for which the sponsor
received a grant in fiscal year 2011; and
``(B) for which the United States Government's share of
allowable project costs would otherwise be capped at 90
percent under paragraph (2) or (3).''.
SEC. 135. UPDATED VETERANS' PREFERENCE.
Section 47112(c)(1)(C) of title 49, United States Code, is
amended--
(1) by striking ``or Operation New Dawn for more'' and
inserting ``Operation New Dawn, Operation Inherent Resolve,
Operation Freedom's Sentinel, or any successor contingency
operation to such operations for more''; and
(2) by striking ``or Operation New Dawn (whichever is
later)'' and inserting ``Operation New Dawn, Operation
Inherent Resolve, Operation Freedom's Sentinel, or any
successor contingency operation to such operations (whichever
is later)''.
SEC. 136. USE OF STATE HIGHWAY SPECIFICATIONS.
Section 47114(d)(5) of title 49, United States Code, is
amended to read as follows:
``(5) Use of state highway specifications.--The Secretary
shall use the highway specifications of a State for airfield
pavement construction and improvement using funds made
available under this subsection at nonprimary airports
serving aircraft that do not exceed 60,000 pounds gross
weight if--
``(A) such State requests the use of such specifications;
and
``(B) the Secretary determines that--
``(i) safety will not be negatively affected; and
``(ii) the life of the pavement, with necessary maintenance
and upkeep, will not be shorter than it would be if
constructed using Administration standards.''.
SEC. 137. FORMER MILITARY AIRPORTS.
Section 47118(a) of title 49, United States Code, is
amended--
(1) in paragraph (1)(C), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the airport is--
``(A) a former military installation that, at any time
after December 31, 1965, was owned and operated by the
Department of Defense; and
``(B) a nonhub primary airport.''.
SEC. 138. ELIGIBILITY OF CCTV PROJECTS FOR AIRPORT
IMPROVEMENT PROGRAM.
Section 47119(a)(1)(B) is amended--
(1) by striking ``; and'' at the end and inserting ``;
or'';
(2) by striking ``directly related to moving passengers''
and inserting the following: ``directly related to--
``(i) moving passengers''; and
(3) by adding at the end the following:
``(ii) installing security cameras in the public area of
the interior and exterior of the terminal; and''.
SEC. 139. STATE BLOCK GRANT PROGRAM EXPANSION.
Section 47128(a) of title 49, United States Code, is
amended by striking ``not more than 9 qualified States for
fiscal years 2000 and 2001 and 10 qualified States for each
fiscal year thereafter'' and inserting ``not more than 20
qualified States for each fiscal year''.
SEC. 140. NON-MOVEMENT AREA SURVEILLANCE PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 of title 49,
United States Code, is amended by inserting after section
47142 the following:
``Sec. 47143. Non-movement area surveillance surface display
systems pilot program
``(a) In General.--The Administrator of the Federal
Aviation Administration may carry out a pilot program to
support non-Federal acquisition and installation of
qualifying non-movement area surveillance surface display
systems and sensors if--
``(1) the Administrator determines that such systems and
sensors would improve safety or capacity in the National
Airspace System; and
``(2) the non-movement area surveillance surface display
systems and sensors supplement existing movement area systems
and sensors at the selected airports established under other
programs administered by the Administrator.
``(b) Project Grants.--
``(1) In general.--For purposes of carrying out the pilot
program, the Administrator may make a project grant out of
funds apportioned under paragraph (1) or paragraph (2) of
section 47114(c) to not more than 5 eligible sponsors to
acquire and install qualifying non-movement area surveillance
surface display systems and sensors. The airports selected to
participate in the pilot program shall have existing
Administration movement area systems and airlines that are
participants in Federal Aviation Administration's airport
collaborative decision-making process.
``(2) Data exchange processes.--As part of the pilot
program carried out under this section, the Administrator may
establish data exchange processes to allow airport
participation in the Administration's airport collaborative
decision-making process and fusion of the non-movement
surveillance data with the Administration's movement area
systems.
``(c) Sunset.--This section shall cease to be effective on
October 1, 2023.
``(d) Definitions.--In this section:
``(1) Non-movement area.--The term `non-movement area'
means the portion of the airfield surface that is not under
the control of air traffic control.
``(2) Non-movement area surveillance surface display
systems and sensors.--The term `non-movement area
surveillance surface display systems and sensors' means a
non-Federal surveillance system that uses on-airport sensors
that track vehicles or aircraft that are equipped with
transponders in the non-movement area.
``(3) Qualifying non-movement area surveillance surface
display system and sensors.--The term `qualifying non-
movement area surveillance surface display system and
sensors' means a non-movement area surveillance surface
display system that--
``(A) provides the required transmit and receive data
formats consistent with the National Airspace System
architecture at the appropriate service delivery point;
``(B) is on-airport; and
``(C) is airport operated.''.
(b) Technical and Conforming Amendments.--The table of
contents of chapter 471 of title 49, United States Code, is
amended by inserting after the item relating to section 47142
the following:
``47143. Non-movement area surveillance surface display systems pilot
program.''.
SEC. 141. PROPERTY CONVEYANCE RELEASES.
Section 817(a) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 47125 note) is amended--
(1) by striking ``or section 23'' and inserting ``, section
23''; and
(2) by inserting ``, or section 47125 of title 49, United
States Code'' before the period at the end.
SEC. 142. STUDY REGARDING TECHNOLOGY USAGE AT AIRPORTS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a study on--
(1) technology developed by international entities
(including foreign nations and companies) that have been
installed in American airports and aviation systems over the
past decade, including the nation where the technology was
developed and any airports utilizing the technology; and
(2) aviation safety-related technology developed and
implemented by international entities with proven track
records of success that may assist in establishing best
practices to improve American aviation operations and safety.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the study.
SEC. 143. STUDY ON AIRPORT REVENUE DIVERSION.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study of--
(1) the legal and financial challenges related to repealing
the exception in section 47107(b)(2) of title 49, United
States Code, for those airports that the Federal Aviation
Administration has identified are covered by the exception;
and
(2) measures that may be taken to mitigate the impact of
repealing the exception.
(b) Contents.--The study required under subsection (a)
shall address--
(1) the level of revenue diversion at the airports covered
by the exception described in subsection (a)(1) and the uses
of the diverted revenue;
(2) the terms of any bonds or financial covenants an
airport owner has issued relying on diverted airport revenue;
(3) applicable local laws or ordinances requiring use of
airport revenue for nonairport purposes;
(4) whether repealing the exception would improve the long-
term financial performance of impacted airports; and
(5) any other practical implications of repealing the
exception for airports or the national aviation system.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the study.
[[Page H8914]]
SEC. 144. GAO STUDY ON THE EFFECT OF GRANTING AN EXCLUSIVE
RIGHT OF AERONAUTICAL SERVICES TO AN AIRPORT
SPONSOR.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study to examine the cases in which an
airport sponsor has exercised an exclusive right (commonly
known as a proprietary exclusive right), as described in the
Federal Aviation Advisory Circular 150/1590-6 issued on
January 4, 2007.
(b) Report.--Upon completion of the study described under
subsection (a), the Comptroller General shall submit to the
appropriate committees of Congress a report on the findings
of the study.
SEC. 145. SENSE OF CONGRESS ON SMART AIRPORTS.
It is the sense of Congress that the Administrator of the
Federal Aviation Administration and the Secretary of
Transportation should produce a smart airports initiative
plan that focuses on creating a more consumer-friendly and
digitally connected airport experience. The plan should
include recommendations on modernizing technologies to
provide more efficient check-ins, shortened security lines,
Wi-Fi and GPS upgrades, as well as improvements of aircraft
turnaround for on-time boarding and flights. The purpose of
the initiative is to invest in technologies and
infrastructure toward better-connected airports while
providing appropriate national security and cybersecurity for
travelers.
SEC. 146. CRITICAL AIRFIELD MARKINGS.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall issue a request for proposal for a study that
includes--
(1) an independent, third-party study to assess the
durability of Type III and Type I glass beads applied to
critical markings over a 2-year period at not fewer than 2
primary airports in varying weather conditions to measure the
retroreflectivity levels of such markings on a quarterly
basis; and
(2) a study at 2 other airports carried out by applying
Type III glass beads on half of the centerline and Type I
glass beads to the other half and providing for assessments
from pilots through surveys administered by a third party as
to the visibility and performance of the Type III glass beads
as compared to the Type I glass beads over a 1-year period.
SEC. 147. GENERAL FACILITIES AUTHORITY.
Section 44502 of title 49, United States Code, is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Transfers of Air Traffic Systems.--
``(1) In general.--An airport may transfer, without
consideration, to the Administrator of the Federal Aviation
Administration, an eligible air traffic system or equipment
that conforms to performance specifications of the
Administrator if a Government airport aid program, airport
development aid program, or airport improvement project grant
was used to assist in purchasing the system or equipment.
``(2) Acceptance.--The Administrator shall accept the
eligible air traffic system or equipment and operate and
maintain it under criteria of the Administrator.
``(3) Definition.--In this subsection, the term `eligible
air traffic system or equipment' means--
``(A) an instrument landing system consisting of a glide
slope and localizer (if the Administrator has determined that
a satellite navigation system cannot provide a suitable
approach to an airport);
``(B) an Automated Weather Observing System weather
observation system; or
``(C) a Remote Communication Air/Ground and Remote
Communication Outlet communications facility.''; and
(2) by adding at the end the following:
``(f) Airport Space.--
``(1) Restriction.--The Administrator may not require an
airport owner or sponsor (as defined in section 47102) to
provide to the Federal Aviation Administration without cost
any of the following:
``(A) Building construction, maintenance, utilities, or
expenses for services relating to air traffic control, air
navigation, or weather reporting.
``(B) Space in a facility owned by the airport owner or
sponsor for services relating to air traffic control, air
navigation, or weather reporting.
``(2) Rule of construction.--Nothing in this subsection may
be construed to affect--
``(A) any agreement the Secretary may have or make with an
airport owner or sponsor for the airport owner or sponsor to
provide any of the items described in paragraph (1)(A) or
(1)(B) at below-market rates; or
``(B) any grant assurance that requires an airport owner or
sponsor to provide land to the Administration without cost
for an air traffic control facility.''.
SEC. 148. RECYCLING PLANS; UNCATEGORIZED SMALL AIRPORTS.
(a) Project Grant Application Approval.--Section 47106(a)
of title 49, United States Code, is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by inserting ``that includes the
project'' before ``, the master plan'';
(3) in paragraph (6)(E), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(7) if the project is at an airport that is listed as
having an unclassified status under the most recent national
plan of integrated airport systems (as described in section
47103), the project will be funded with an amount
appropriated under section 47114(d)(3)(B) and is--
``(A) for maintenance of the pavement of the primary
runway;
``(B) for obstruction removal for the primary runway;
``(C) for the rehabilitation of the primary runway; or
``(D) for a project that the Secretary considers necessary
for the safe operation of the airport.''.
(b) Nonprimary Apportionment.--Section 47114(d)(3) of title
49, United States Code, is amended by adding at the end the
following:
``(C) During fiscal years 2019 and 2020--
``(i) an airport that accrued apportionment funds under
subparagraph (A) in fiscal year 2013 that is listed as having
an unclassified status under the most recent national plan of
integrated airport systems shall continue to accrue
apportionment funds under subparagraph (A) at the same amount
the airport accrued apportionment funds in fiscal year 2013,
subject to the conditions of this paragraph;
``(ii) notwithstanding the period of availability as
described in section 47117(b), an amount apportioned to an
airport under clause (i) shall be available to the airport
only during the fiscal year in which the amount is
apportioned; and
``(iii) notwithstanding the waiver permitted under section
47117(c)(2), an airport receiving apportionment funds under
clause (i) may not waive its claim to any part of the
apportioned funds in order to make the funds available for a
grant for another public-use airport.
``(D) An airport that re-establishes its classified status
shall be eligible to accrue apportionment funds pursuant to
subparagraph (A) so long as such airport retains its
classified status.''.
SEC. 149. EVALUATION OF AIRPORT MASTER PLANS.
Section 47106 of title 49, United States Code, is amended
by adding at the end the following:
``(h) Evaluation of Airport Master Plans.--When evaluating
the master plan of an airport for purposes of this
subchapter, the Secretary shall take into account--
``(1) the role the airport plays with respect to medical
emergencies and evacuations; and
``(2) the role the airport plays in emergency or disaster
preparedness in the community served by the airport.''.
SEC. 150. DEFINITION OF SMALL BUSINESS CONCERN.
Section 47113(a)(1) of title 49, United States Code, is
amended to read as follows:
``(1) `small business concern'--
``(A) has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632); but
``(B) in the case of a concern in the construction
industry, a concern shall be considered a small business
concern if the concern meets the size standard for the North
American Industry Classification System Code 237310, as
adjusted by the Small Business Administration;''.
SEC. 151. SMALL AIRPORT REGULATION RELIEF.
Section 47114(c)(1) of title 49, United States Code, is
amended by striking subparagraph (F) and inserting the
following:
``(F) Special rule for fiscal years 2018 through 2020.--
Notwithstanding subparagraph (A) and subject to subparagraph
(G), the Secretary shall apportion to a sponsor of an airport
under that subparagraph for each of fiscal years 2018 through
2020 an amount based on the number of passenger boardings at
the airport during calendar year 2012 if the airport--
``(i) had 10,000 or more passenger boardings during
calendar year 2012;
``(ii) had fewer than 10,000 passenger boardings during the
calendar year used to calculate the apportionment for fiscal
year 2018, 2019, or 2020, as applicable, under subparagraph
(A); and
``(iii) had scheduled air service at any point in the
calendar year used to calculate the apportionment.
``(G) Limitations and waivers.--The authority to make
apportionments in the manner prescribed in subparagraph (F)
may be utilized no more than 3 years in a row. The Secretary
may waive this limitation if the Secretary determines that an
airport's enplanements are substantially close to 10,000
enplanements and the airport sponsor or affected communities
are taking reasonable steps to restore enplanements above
10,000.
``(H) Minimum apportionment for commercial service airports
with more than 8,000 passenger boardings in a calendar
year.--Not less than $600,000 may be apportioned under
subparagraph (A) for each fiscal year to each sponsor of a
commercial service airport that had fewer than 10,000
passenger boardings, but at least 8,000 passenger boardings,
during the prior calendar year.''.
SEC. 152. CONSTRUCTION OF CERTAIN CONTROL TOWERS.
Section 47116(d) of title 49, United States Code, is
amended by adding at the end the following:
``(3) Control tower construction.--Notwithstanding section
47124(b)(4)(A), the Secretary may provide grants under this
section to an airport sponsor participating in the contract
tower program under section 47124
[[Page H8915]]
for the construction or improvement of a nonapproach control
tower, as defined by the Secretary, and for the acquisition
and installation of air traffic control, communications, and
related equipment to be used in that tower. Such grants shall
be subject to the distribution requirements of subsection (b)
and the eligibility requirements of section
47124(b)(4)(B).''.
SEC. 153. NONDISCRIMINATION.
Section 47123 of title 49, United States Code, is amended--
(1) by striking ``The Secretary of Transportation'' and
inserting the following:
``(a) In General.--The Secretary of Transportation''; and
(2) by adding at the end the following:
``(b) Indian Employment.--
``(1) Tribal sponsor preference.--Consistent with section
703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
2(i)), nothing in this section shall preclude the
preferential employment of Indians living on or near a
reservation on a project or contract at--
``(A) an airport sponsored by an Indian tribal government;
or
``(B) an airport located on an Indian reservation.
``(2) State preference.--A State may implement a preference
for employment of Indians on a project carried out under this
subchapter near an Indian reservation.
``(3) Implementation.--The Secretary shall consult with
Indian tribal governments and cooperate with the States to
implement this subsection.
``(4) Indian tribal government defined.--In this section,
the term `Indian tribal government' has the same meaning
given that term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).''.
SEC. 154. DEFINITION OF AIRPORT DEVELOPMENT.
Section 47116(d)(2) of title 49, United States Code, is
amended to read as follows:
``(2) Airport development for eligible mountaintop
airports.--In making grants to sponsors described in
subsection (b), the Secretary shall give priority
consideration to mass grading and associated structural
support (including access road, duct banks, and other related
infrastructure) at mountaintop airports, provided that the
airport would not otherwise have sufficient surface area
for--
``(A) eligible and justified airport development projects;
or
``(B) additional hangar space.''.
SEC. 155. GENERAL AVIATION AIRPORT EXPIRED FUNDS.
Section 47117(b) of title 49, United States Code, is
amended--
(1) by striking ``An amount'' and inserting ``(1) In
general.--An amount'';
(2) by striking ``If the amount'' and inserting ``Except as
provided in paragraph (2), if the amount''; and
(3) by adding at the end the following:
``(2) Expired amounts apportioned for general aviation
airports.--
``(A) In general.--Except as provided in subparagraph (B),
if an amount apportioned under section 47114(d) is not
obligated within the time specified in paragraph (1), that
amount shall be added to the discretionary fund under section
47115 of this title, provided that--
``(i) amounts made available under paragraph (2)(A) shall
be used for grants for projects in accordance with section
47115(d)(2) at airports eligible to receive an apportionment
under section 47114(d)(2) or (3)(A), whichever is applicable;
and
``(ii) amounts made available under paragraph (2)(A) that
are not obligated by July 1 of the fiscal year in which the
funds will expire shall be made available for all projects in
accordance with section 47115(d)(2).
``(B) State block grant program.--If an amount apportioned
to an airport under section 47114(d)(3)(A) is not obligated
within the time specified in paragraph (1), and the airport
is located in a State participating in the State block grant
program under section 47128, the amount shall be made
available to that State under the same conditions as if the
State had been apportioned the amount under section
47114(d)(3)(B).''.
SEC. 156. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD
WEATHER STATES.
(a) In General.--The Administrator of the Federal Aviation
Administration, to the extent practicable, shall schedule the
Administrator's review of construction projects so that
projects to be carried out in the States in which the weather
during a typical calendar year prevents major construction
projects from being carried out before May 1 are reviewed as
early as possible.
(b) Briefing.--The Administrator shall provide a briefing
to the appropriate committees of Congress annually on the
effectiveness of the review and prioritization.
(c) Technical Amendment.--Section 154 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 47112 note)
and the item relating to that section in the table of
contents under section 1(b) of that Act (126 Stat. 13) are
repealed.
SEC. 157. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
(a) Findings.--Congress finds the following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business
enterprise program (sections 47107(e) and 47113 of title 49,
United States Code), discrimination and related barriers
continue to pose significant obstacles for minority- and
women-owned businesses seeking to do business in airport-
related markets across the Nation. These continuing barriers
merit the continuation of the airport disadvantaged business
enterprise program.
(2) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits.
This testimony and documentation shows that race- and gender-
neutral efforts alone are insufficient to address the
problem.
(3) This testimony and documentation demonstrates that
discrimination across the Nation poses a barrier to full and
fair participation in airport-related businesses of women
business owners and minority business owners in the racial
groups detailed in parts 23 and 26 of title 49, Code of
Federal Regulations, and has impacted firm development and
many aspects of airport-related business in the public and
private markets.
(4) This testimony and documentation provides a strong
basis that there is a compelling need for the continuation of
the airport disadvantaged business enterprise program and the
airport concessions disadvantaged business enterprise program
to address race and gender discrimination in airport-related
business.
(b) Prompt Payments.--
(1) Reporting of complaints.--Not later than 120 days after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall ensure that each
airport that participates in the Program tracks, and reports
to the Administrator, the number of covered complaints made
in relation to activities at that airport.
(2) Improving compliance.--
(A) In general.--The Administrator shall take actions to
assess and improve compliance with prompt payment
requirements under part 26 of title 49, Code of Federal
Regulations.
(B) Contents of assessment.--In carrying out subparagraph
(A), the Administrator shall assess--
(i) whether requirements relating to the inclusion of
prompt payment language in contracts are being satisfied;
(ii) whether and how airports are enforcing prompt payment
requirements;
(iii) the processes by which covered complaints are
received and resolved by airports;
(iv) whether improvements need to be made to--
(I) better track covered complaints received by airports;
and
(II) assist the resolution of covered complaints in a
timely manner;
(v) whether changes to prime contractor specifications need
to be made to ensure prompt payments to subcontractors; and,
(vi) whether changes to prime contractor specifications
need to be made to ensure prompt payment of retainage to
subcontractors.
(C) Reporting.--The Administrator shall make available to
the public on an appropriate website operated by the
Administrator a report describing the results of the
assessment completed under this paragraph, including a plan
to respond to such results.
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Covered complaint.--The term ``covered complaint''
means a complaint relating to an alleged failure to satisfy a
prompt payment requirement under part 26 of title 49, Code of
Federal Regulations.
(B) Program.--The term ``Program'' means the airport
disadvantaged business enterprise program referenced in
subsection (a)(1) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 47113 note).
SEC. 158. SUPPLEMENTAL DISCRETIONARY FUNDS.
Section 47115 of title 49, United States Code, is further
amended by adding at the end the following:
``(j) Supplemental Discretionary Funds.--
``(1) In general.--The Secretary shall establish a program
to provide grants, subject to the conditions of this
subsection, for any purpose for which amounts are made
available under section 48103 that the Secretary considers
most appropriate to carry out this subchapter.
``(2) Treatment of grants.--
``(A) In general.--A grant made under this subsection shall
be treated as having been made pursuant to the Secretary's
authority under section 47104(a) and from the Secretary's
discretionary fund under subsection (a) of this section.
``(B) Exception.--Except as otherwise provided in this
subsection, grants made under this subsection shall not be
subject to subsection (c), section 47117(e), or any other
apportionment formula, special apportionment category, or
minimum percentage set forth in this chapter.
``(3) Eligibility and prioritization.--
``(A) Eligibility.--The Secretary may provide grants under
this subsection for an airport or terminal development
project at any airport that is eligible to receive a grant
from the discretionary fund under subsection (a) of this
section.
``(B) Prioritization.--Not less than 50 percent of the
amounts available under this subsection shall used to provide
grants at--
``(i) airports that are eligible for apportionment under
section 47114(d)(3); and
``(ii) nonhub and small hub airports.
[[Page H8916]]
``(4) Authorization.--
``(A) In general.--There is authorized to be appropriated
to the Secretary to carry out this subsection the following
amounts:
``(i) $1,020,000,000 for fiscal year 2019.
``(ii) $1,041,000,000 for fiscal year 2020.
``(iii) $1,064,000,000 for fiscal year 2021.
``(iv) $1,087,000,000 for fiscal year 2022.
``(v) $1,110,000,000 for fiscal year 2023.
``(B) Availability.--Sums authorized to be appropriated
under subparagraph (A) shall remain available for 2 fiscal
years.''.
SEC. 159. STATE TAXATION.
(a) In General.--Section 40116(d)(2)(A) of title 49, United
States Code, is amended by adding at the end the following:
``(v) except as otherwise provided under section 47133,
levy or collect a tax, fee, or charge, first taking effect
after the date of enactment of this clause, upon any business
located at a commercial service airport or operating as a
permittee of such an airport that is not generally imposed on
sales or services by that State, political subdivision, or
authority unless wholly utilized for airport or aeronautical
purposes.''.
(b) Rule of Construction.--Nothing in this section or an
amendment made by this section shall affect a change to a
rate or other provision of a tax, fee, or charge under
section 40116 of title 49, United States Code, that was
enacted prior to the date of enactment of this Act. Such
provision of a tax, fee, or charge shall continue to be
subject to the requirements to which such provision was
subject under that section as in effect on the day before the
date of enactment of this Act.
SEC. 160. AIRPORT INVESTMENT PARTNERSHIP PROGRAM.
(a) In General.--Section 47134 of title 49, United States
Code, is amended--
(1) by striking the section heading and inserting ``Airport
investment partnership program'';
(2) in subsection (b), by striking ``, with respect to not
more than 10 airports,'';
(3) in subsection (b)(2), by striking ``The Secretary may
grant an exemption to a sponsor'' and inserting ``If the
Secretary grants an exemption to a sponsor pursuant to
paragraph (1), the Secretary shall grant an exemption to the
sponsor'';
(4) in subsection (b)(3), by striking ``The Secretary may
grant an exemption to a purchaser or lessee'' and inserting
``If the Secretary grants an exemption to a sponsor pursuant
to paragraph (1), the Secretary shall grant an exemption to
the corresponding purchaser or lessee'';
(5) by amending subsection (d) to read as follows:
``(d) Program Participation.--
``(1) Multiple airports.--The Secretary may consider
applications under this section submitted by a public airport
sponsor for multiple airports under the control of the
sponsor if all airports under the control of the sponsor are
located in the same State.
``(2) Partial privatization.--A purchaser or lessee may be
an entity in which a sponsor has an interest.''; and
(6) by striking subsections (l) and (m) and inserting the
following:
``(l) Predevelopment Limitation.--A grant to an airport
sponsor under this subchapter for predevelopment planning
costs relating to the preparation of an application or
proposed application under this section may not exceed
$750,000 per application or proposed application.''.
(b) Clerical Amendment.--The analysis for chapter 471 of
title 49, United States Code, is amended by striking the item
relating to section 47134 and inserting the following:
``47134. Airport investment partnership program.''.
SEC. 161. REMOTE TOWER PILOT PROGRAM FOR RURAL AND SMALL
COMMUNITIES.
(a) Pilot Program.--
(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish--
(A) in consultation with airport operators and other
aviation stakeholders, a pilot program at public-use airports
to construct and operate remote towers in order to assess
their operational benefits;
(B) a selection process for participation in the pilot
program; and
(C) a clear process for the safety and operational
certification of the remote towers.
(2) Safety considerations.--
(A) Safety risk management panel.--Prior to the operational
use of a remote tower under the pilot program established in
subsection (a), the Administrator shall convene a safety risk
management panel for the tower to address any safety issues
with respect to the tower. The panels shall be created and
utilized in a manner similar to that of the safety risk
management panels previously convened for remote towers and
shall take into account existing best practices and
operational data from existing remote towers in the United
States.
(B) Consultation.--In establishing the pilot program, the
Administrator shall consult with operators of remote towers
in the United States and foreign countries to design the
pilot program in a manner that leverages as many safety and
airspace efficiency benefits as possible.
(3) Applications.--The operator of an airport seeking to
participate in the pilot program shall submit to the
Administrator an application that is in such form and
contains such information as the Administrator may require.
(4) Program design.--In designing the pilot program, the
Administrator shall--
(A) to the maximum extent practicable, ensure that at least
2 different vendors of remote tower systems participate;
(B) identify which air traffic control information and data
will assist the Administrator in evaluating the feasibility,
safety, costs, and benefits of remote towers;
(C) implement processes necessary to collect the
information and data identified in subparagraph (B);
(D) develop criteria, in addition to considering possible
selection criteria in paragraph (5), for the selection of
airports that will best assist the Administrator in
evaluating the feasibility, safety, costs, and benefits of
remote towers, including the amount and variety of air
traffic at an airport; and
(E) prioritize the selection of airports that can best
demonstrate the capabilities and benefits of remote towers,
including applicants proposing to operate multiple remote
towers from a single facility.
(5) Selection criteria for consideration.--In selecting
airports for participation in the pilot program, the
Administrator, after consultation with representatives of
labor organizations representing operators and employees of
the air traffic control system, shall consider for
participation in the pilot program--
(A) 1 nonhub airport;
(B) 3 airports that are not primary airports and that do
not have existing air traffic control towers;
(C) 1 airport that participates in the Contract Tower
Program; and
(D) 1 airport selected at the discretion of the
Administrator.
(6) Data.--The Administrator shall clearly identify and
collect air traffic control information and data from
participating airports that will assist the Administrator in
evaluating the feasibility, safety, costs, and benefits of
remote towers.
(7) Report.--Not later than 1 year after the date the first
remote tower is operational, and annually thereafter, the
Administrator shall submit to the appropriate committees of
Congress a report--
(A) detailing any benefits, costs, or safety improvements
associated with the use of the remote towers; and
(B) evaluating the feasibility of using remote towers,
particularly in the Contract Tower Program, for airports
without an air traffic control tower, to improve safety at
airports with towers, or to reduce costs without impacting
safety at airports with or without existing towers.
(8) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall select
airports for participation in the pilot program.
(9) Definitions.--In this subsection:
(A) Contract tower program.--The term ``Contract Tower
Program'' has the meaning given the term in section 47124(e)
of title 49, United States Code, as added by this Act.
(B) Remote tower.--The term ``remote tower'' means a
remotely operated air navigation facility, including all
necessary system components, that provides the functions and
capabilities of an air traffic control tower whereby air
traffic services are provided to operators at an airport from
a location that may not be on or near the airport.
(C) Other definitions.--The terms ``nonhub airport'',
``primary airport'', and ``public-use airport'' have the
meanings given such terms in section 47102 of title 49,
United States Code.
(10) Sunset.--This subsection, including the report
required under paragraph (8), shall not be in effect after
September 30, 2023.
(b) Remote Tower Program.--Concurrent with the
establishment of the process for safety and operational
certification of remote towers under subsection (a)(1)(C),
the Administrator shall establish a process to authorize the
construction and commissioning of additional remote towers
that are certificated under subsection (a)(1)(C) at other
airports.
(c) AIP Funding Eligibility.--For purposes of the pilot
program under subsection (a), and after certificated remote
towers are available under subsection (b), constructing a
remote tower or acquiring and installing air traffic control,
communications, or related equipment specifically for a
remote tower shall be considered airport development (as
defined in section 47102 of title 49, United States Code) for
purposes of subchapter I of chapter 471 of that title if the
components are installed and used at the airport, except, as
needed, for off-airport sensors installed on leased towers.
SEC. 162. AIRPORT ACCESS ROADS IN REMOTE LOCATIONS.
Notwithstanding section 47102 of title 49, United States
Code, for fiscal years 2018 through 2023--
(1) the definition of the term ``airport development''
under that section includes the construction of a storage
facility to shelter snow removal equipment or aircraft rescue
and firefighting equipment that is owned by an airport
sponsor and used exclusively to maintain safe airfield
operations, up to the facility size necessary to accommodate
the types and quantities of equipment prescribed by the FAA,
regardless of whether Federal funding was used to acquire the
equipment;
(2) a storage facility to shelter snow removal equipment
may exceed the facility size limitation described in
paragraph (1) if the airport sponsor certifies to the
Secretary that the following conditions are met:
(A) The storage facility to be constructed will be used to
store snow removal equipment exclusively used for clearing
airfield
[[Page H8917]]
pavement of snow and ice following a weather event.
(B) The airport is categorized as a local general aviation
airport in the Federal Aviation Administration's 2017-2021
National Plan of Integrated Airport Systems (NPIAS) report.
(C) The 30-year annual snowfall normal of the nearest
weather station based on the National Oceanic and Atmospheric
Administration Summary of Monthly Normals 1981-2010 exceeds
26 inches.
(D) The airport serves as a base for a medical air
ambulance transport aircraft.
(E) The airport master record (Form 5010-1) effective on
September 14, 2017 for the airport indicates 45 based
aircraft consisting of single engine, multiple engine, and
jet engine aircraft.
(F) No funding under this section will be used for any
portion of the storage facility designed to shelter
maintenance and operations equipment that are not required
for clearing airfield pavement of snow and ice.
(G) The airport sponsor will complete design of the storage
building not later than September 30, 2019, and will initiate
construction of the storage building not later than September
30, 2020.
(H) The area of the storage facility, or portion thereof,
to be funded under this subsection does not exceed 6,000
square feet; and
(3) the definition of the term ``terminal development''
under that section includes the development of an airport
access road that--
(A) is located in a noncontiguous State;
(B) is not more than 5 miles in length;
(C) connects to the nearest public roadways of not more
than the 2 closest census designated places; and
(D) may provide incidental access to public or private
property that is adjacent to the road and is not otherwise
connected to a public road.
SEC. 163. LIMITED REGULATION OF NON-FEDERALLY SPONSORED
PROPERTY.
(a) In General.--Except as provided in subsection (b), the
Secretary of Transportation may not directly or indirectly
regulate--
(1) the acquisition, use, lease, encumbrance, transfer, or
disposal of land by an airport owner or operator;
(2) any facility upon such land; or
(3) any portion of such land or facility.
(b) Exceptions.--Subsection (a) does not apply to--
(1) any regulation ensuring--
(A) the safe and efficient operation of aircraft or safety
of people and property on the ground related to aircraft
operations;
(B) that an airport owner or operator receives not less
than fair market value in the context of a commercial
transaction for the use, lease, encumbrance, transfer, or
disposal of land, any facilities on such land, or any portion
of such land or facilities; or
(C) that the airport pays not more than fair market value
in the context of a commercial transaction for the
acquisition of land or facilities on such land;
(2) any regulation imposed with respect to land or a
facility acquired or modified using Federal funding; or
(3) any authority contained in--
(A) a Surplus Property Act instrument of transfer, or
(B) section 40117 of title 49, United States Code.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect the applicability of sections 47107(b) or
47133 of title 49, United States Code, to revenues generated
by the use, lease, encumbrance, transfer, or disposal of land
under subsection (a), facilities upon such land, or any
portion of such land or facilities.
(d) Amendments to Airport Layout Plans.--Section
47107(a)(16) of title 49, United States Code, is amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) the Secretary will review and approve or disapprove
only those portions of the plan (or any subsequent revision
to the plan) that materially impact the safe and efficient
operation of aircraft at, to, or from the airport or that
would adversely affect the safety of people or property on
the ground adjacent to the airport as a result of aircraft
operations, or that adversely affect the value of prior
Federal investments to a significant extent;'';
(2) in subparagraph (C), by striking ``if the alteration''
and all that follows through ``airport; and'' and inserting
the following: ``unless the alteration--
``(i) is outside the scope of the Secretary's review and
approval authority as set forth in subparagraph (B); or
``(ii) complies with the portions of the plan approved by
the Secretary; and''; and
(3) in subparagraph (D), in the matter preceding clause
(i), by striking ``when an alternation'' and all that follows
through ``Secretary, will'' and inserting ``when an
alteration in the airport or its facility is made that is
within the scope of the Secretary's review and approval
authority as set forth in subparagraph (B), and does not
conform with the portions of the plan approved by the
Secretary, and the Secretary decides that the alteration
adversely affects the safety, utility, or efficiency of
aircraft operations, or of any property on or off the airport
that is owned, leased, or financed by the Government, then
the owner or operator will, if requested by the Secretary''.
SEC. 164. SEASONAL AIRPORTS.
Section 47114(c)(1) of title 49, United States Code, as
amended by this Act, is further amended by adding at the end
the following:
``(I) Seasonal airports.--Notwithstanding section 47102, if
the Secretary determines that a commercial service airport
with at least 8,000 passenger boardings receives scheduled
air carrier service for fewer than 6 months in the calendar
year used to calculate apportionments to airport sponsors in
a fiscal year, then the Secretary shall consider the airport
to be a nonhub primary airport for purposes of this
chapter.''.
SEC. 165. AMENDMENTS TO DEFINITIONS.
Section 47102 of title 49, United States Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (K), by striking ``7505a) and if such
project will result in an airport receiving appropriate'' and
inserting ``7505a)) and if the airport would be able to
receive'';
(B) by striking subparagraph (L) and inserting the
following:
``(L) a project by a commercial service airport for the
acquisition of airport-owned vehicles or ground support
equipment equipped with low-emission technology if the
airport is located in an air quality nonattainment or
maintenance area (as defined in sections 171(2) and 175A of
the Clean Air Act (42 U.S.C. 7501(2); 7505a)), if the airport
would be able to receive appropriate emission credits (as
described in section 47139), and the vehicles are;
``(i) used exclusively on airport property; or
``(ii) used exclusively to transport passengers and
employees between the airport and the airport's consolidated
rental car facility or an intermodal surface transportation
facility adjacent to the airport.''; and
(C) by adding at the end the following:
``(P) an on-airport project to improve the reliability and
efficiency of the airport's power supply and to prevent power
disruptions to the airfield, passenger terminal, and any
other airport facilities, including the acquisition and
installation of electrical generators, separation of the
airport's main power supply from its redundant power supply,
and the construction or modification of airport facilities to
install a microgrid (as defined in section 641 of the United
States Energy Storage Competitiveness Act of 2007 (42 U.S.C.
17231)).
``(Q) converting or retrofitting vehicles and ground
support equipment into eligible zero-emission vehicles and
equipment (as defined in section 47136) and for acquiring, by
purchase or lease, eligible zero-emission vehicles and
equipment.
``(R) predevelopment planning, including financial, legal,
or procurement consulting services, related to an application
or proposed application for an exemption under section
47134.'';
(2) in paragraph (5), by striking ``regulations'' and
inserting ``requirements''; and
(3) in paragraph (8), by striking ``public'' and inserting
``public-use''.
SEC. 166. PILOT PROGRAM SUNSETS.
(a) In General.--Sections 47136 and 47140 of title 49,
United States Code, are repealed.
(b) Conforming Amendments.--
(1) Sections 47136a and 47140a of title 49, United States
Code, are redesignated as sections 47136 and 47140,
respectively.
(2) Section 47139 of title 49, United States Code, is
amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(c) Clerical Amendments.--The analysis for chapter 471 of
title 49, United States Code, is amended--
(1) by striking the items relating to sections 47136,
47136a, 47140, and 47140a;
(2) by inserting after the item relating to section 47135
the following:
``47136. Zero-emission airport vehicles and infrastructure.''; and
(3) by inserting after the item relating to section 47139
the following:
``47140. Increasing the energy efficiency of airport power sources.''.
SEC. 167. BUY AMERICA REQUIREMENTS.
(a) Notice of Waivers.--If the Secretary of Transportation
determines that it is necessary to waive the application of
section 50101(a) of title 49, United States Code, based on a
finding under section 50101(b) of that title, the Secretary,
at least 10 days before the date on which the waiver takes
effect, shall--
(1) make publicly available, in an easily identifiable
location on the website of the Department of Transportation,
a detailed written justification of the waiver determination;
and
(2) provide an informal public notice and comment
opportunity on the waiver determination.
(b) Annual Report.--For each fiscal year, the Secretary
shall submit to the appropriate committees of Congress a
report on waivers issued under section 50101 of title 49,
United States Code, during the fiscal year.
Subtitle D--Airport Noise and Environmental Streamlining
SEC. 171. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY
ASSESSMENTS.
(a) Cost Reimbursements.--Section 47140(a) of title 49,
United States Code, as so redesignated, is amended by
striking ``airport.'' and inserting ``airport, and to
reimburse the airport sponsor for the costs incurred in
conducting the assessment.''.
(b) Safety Priority.--Section 47140(b)(2) of title 49,
United States Code, as so redesignated, is amended by
inserting ``, including a
[[Page H8918]]
certification that no safety projects are being be deferred
by requesting a grant under this section,'' after ``an
application''.
SEC. 172. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2
AIRCRAFT.
(a) In General.--Notwithstanding chapter 475 of title 49,
United States Code, not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a pilot program to
permit an operator of a stage 2 aircraft to operate that
aircraft in nonrevenue service into not more than 4 medium
hub airports or nonhub airports if--
(1) the airport--
(A) is certified under part 139 of title 14, Code of
Federal Regulations;
(B) has a runway that--
(i) is longer than 8,000 feet and not less than 200 feet
wide; and
(ii) is load bearing with a pavement classification number
of not less than 38; and
(C) has a maintenance facility with a maintenance
certificate issued under part 145 of such title; and
(2) the operator of the stage 2 aircraft operates not more
than 10 flights per month using that aircraft.
(b) Termination.--The pilot program shall terminate on the
earlier of--
(1) the date that is 10 years after the date of the
enactment of this Act; or
(2) the date on which the Administrator determines that no
stage 2 aircraft remain in service.
(c) Definitions.--In this section:
(1) Medium hub airport; nonhub airport.--The terms ``medium
hub airport'' and ``nonhub airport'' have the meanings given
those terms in section 40102 of title 49, United States Code.
(2) Stage 2 aircraft.--The term ``stage 2 aircraft'' has
the meaning given the term ``stage 2 airplane'' in section
91.851 of title 14, Code of Federal Regulations (as in effect
on the day before the date of the enactment of this Act).
SEC. 173. ALTERNATIVE AIRPLANE NOISE METRIC EVALUATION
DEADLINE.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall complete the ongoing evaluation of alternative metrics
to the current Day Night Level (DNL) 65 standard.
SEC. 174. UPDATING AIRPORT NOISE EXPOSURE MAPS.
Section 47503(b) of title 49, United States Code, is
amended to read as follows:
``(b) Revised Maps.--
``(1) In general.--An airport operator that submits a noise
exposure map under subsection (a) shall submit a revised map
to the Secretary if, in an area surrounding an airport, a
change in the operation of the airport would establish a
substantial new noncompatible use, or would significantly
reduce noise over existing noncompatible uses, that is not
reflected in either the existing conditions map or forecast
map currently on file with the Federal Aviation
Administration.
``(2) Timing.--A submission under paragraph (1) shall be
required only if the relevant change in the operation of the
airport occurs during--
``(A) the forecast period of the applicable noise exposure
map submitted by an airport operator under subsection (a); or
``(B) the implementation period of the airport operator's
noise compatibility program.''.
SEC. 175. ADDRESSING COMMUNITY NOISE CONCERNS.
When proposing a new area navigation departure procedure,
or amending an existing procedure that would direct aircraft
between the surface and 6,000 feet above ground level over
noise sensitive areas, the Administrator of the Federal
Aviation Administration shall consider the feasibility of
dispersal headings or other lateral track variations to
address community noise concerns, if--
(1) the affected airport operator, in consultation with the
affected community, submits a request to the Administrator
for such a consideration;
(2) the airport operator's request would not, in the
judgment of the Administrator, conflict with the safe and
efficient operation of the national airspace system; and
(3) the effect of a modified departure procedure would not
significantly increase noise over noise sensitive areas, as
determined by the Administrator.
SEC. 176. COMMUNITY INVOLVEMENT IN FAA NEXTGEN PROJECTS
LOCATED IN METROPLEXES.
(a) Community Involvement Policy.--Not later than 180 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall complete a review
of the Federal Aviation Administration's community
involvement practices for Next Generation Air Transportation
System (NextGen) projects located in metroplexes identified
by the Administration. The review shall include, at a
minimum, a determination of how and when to engage airports
and communities in performance-based navigation proposals.
(b) Report.--Not later than 60 days after completion of the
review, the Administrator shall submit to the appropriate
committees of Congress a report on--
(1) how the Administration will improve community
involvement practices for NextGen projects located in
metroplexes;
(2) how and when the Administration will engage airports
and communities in performance-based navigation proposals;
and
(3) lessons learned from NextGen projects and pilot
programs and how those lessons learned are being integrated
into community involvement practices for future NextGen
projects located in metroplexes.
SEC. 177. LEAD EMISSIONS.
(a) Study.--The Secretary of Transportation shall enter
into appropriate arrangements with the National Academies of
Sciences, Engineering, and Medicine under which the National
Research Council will study aviation gasoline.
(b) Contents.--The study shall include an assessment of--
(1) existing non-leaded fuel alternatives to the aviation
gasoline used by piston-powered general aviation aircraft;
(2) ambient lead concentrations at and around airports
where piston-powered general aviation aircraft are used; and
(3) mitigation measures to reduce ambient lead
concentrations, including increasing the size of run-up
areas, relocating run-up areas, imposing restrictions on
aircraft using aviation gasoline, and increasing the use of
motor gasoline in piston-powered general aviation aircraft.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress the study developed by
the National Research Council pursuant to this section.
SEC. 178. TERMINAL SEQUENCING AND SPACING.
Not later than 60 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall provide a briefing to the appropriate committees of
Congress on the status of Terminal Sequencing and Spacing
(TSAS) implementation across all completed NextGen
metroplexes with specific information provided by airline
regarding the adoption and equipping of aircraft and the
training of pilots in its use.
SEC. 179. AIRPORT NOISE MITIGATION AND SAFETY STUDY.
(a) Study.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a study to review and
evaluate existing studies and analyses of the relationship
between jet aircraft approach and takeoff speeds and
corresponding noise impacts on communities surrounding
airports.
(b) Considerations.--In conducting the study initiated
under subsection (a), the Administrator shall determine--
(1) whether a decrease in jet aircraft approach or takeoff
speeds results in significant aircraft noise reductions;
(2) whether the jet aircraft approach or takeoff speed
reduction necessary to achieve significant noise reductions--
(A) jeopardizes aviation safety; or
(B) decreases the efficiency of the National Airspace
System, including lowering airport capacity, increasing
travel times, or increasing fuel burn;
(3) the advisability of using jet aircraft approach or
takeoff speeds as a noise mitigation technique; and
(4) if the Administrator determines that using jet aircraft
approach or takeoff speeds as a noise mitigation technique is
advisable, whether any of the metropolitan areas specifically
identified in section 189(b)(2) would benefit from such a
noise mitigation technique without a significant impact to
aviation safety or the efficiency of the National Airspace
System.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the study initiated under subsection (a).
SEC. 180. REGIONAL OMBUDSMEN.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, with respect to each region of the
Federal Aviation Administration, the Regional Administrator
for that region shall designate an individual to be the
Regional Ombudsman for the region.
(b) Requirements.--Each Regional Ombudsman shall--
(1) serve as a regional liaison with the public, including
community groups, on issues regarding aircraft noise,
pollution, and safety;
(2) make recommendations to the Administrator for the
region to address concerns raised by the public and improve
the consideration of public comments in decision-making
processes; and
(3) be consulted on proposed changes in aircraft operations
affecting the region, including arrival and departure routes,
in order to minimize environmental impacts, including noise.
SEC. 181. FAA LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall exercise leadership in the creation of
Federal and international policies, regulations, and
standards relating to the certification and safe and
efficient operation of civil supersonic aircraft.
(b) Exercise of Leadership.--In carrying out subsection
(a), the Administrator shall--
(1) consider the needs of the aerospace industry and other
stakeholders when creating policies, regulations, and
standards that enable the safe commercial deployment of civil
supersonic aircraft technology and the safe and efficient
operation of civil supersonic aircraft; and
[[Page H8919]]
(2) obtain the input of aerospace industry stakeholders
regarding--
(A) the appropriate regulatory framework and timeline for
permitting the safe and efficient operation of civil
supersonic aircraft within United States airspace, including
updating or modifying existing regulations on such operation;
(B) issues related to standards and regulations for the
type certification and safe operation of civil supersonic
aircraft, including noise certification, including--
(i) the operational differences between subsonic aircraft
and supersonic aircraft;
(ii) costs and benefits associated with landing and takeoff
noise requirements for civil supersonic aircraft, including
impacts on aircraft emissions;
(iii) public and economic benefits of the operation of
civil supersonic aircraft and associated aerospace industry
activity; and
(iv) challenges relating to ensuring that standards and
regulations aimed at relieving and protecting the public
health and welfare from aircraft noise and sonic booms are
economically reasonable, technologically practicable, and
appropriate for civil supersonic aircraft; and
(C) other issues identified by the Administrator or the
aerospace industry that must be addressed to enable the safe
commercial deployment and safe and efficient operation of
civil supersonic aircraft.
(c) International Leadership.--The Administrator, in the
appropriate international forums, shall take actions that--
(1) demonstrate global leadership under subsection (a);
(2) address the needs of the aerospace industry identified
under subsection (b); and
(3) protect the public health and welfare.
(d) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report
detailing--
(1) the Administrator's actions to exercise leadership in
the creation of Federal and international policies,
regulations, and standards relating to the certification and
safe and efficient operation of civil supersonic aircraft;
(2) planned, proposed, and anticipated actions to update or
modify existing policies and regulations related to civil
supersonic aircraft, including those identified as a result
of industry consultation and feedback; and
(3) a timeline for any actions to be taken to update or
modify existing policies and regulations related to civil
supersonic aircraft.
(e) Long-term Regulatory Reform.--
(1) Noise standards.--Not later than March 31, 2020, the
Administrator shall issue a notice of proposed rulemaking to
revise part 36 of title 14, Code of Federal Regulations, to
include supersonic aircraft in the applicability of such
part. The proposed rule shall include necessary definitions,
noise standards for landing and takeoff, and noise test
requirements that would apply to a civil supersonic aircraft.
(2) Special flight authorizations.--Not later than December
31, 2019, the Administrator shall issue a notice of proposed
rulemaking to revise appendix B of part 91 of title 14, Code
of Federal Regulations, to modernize the application process
for a person applying to operate a civil aircraft at
supersonic speeds for the purposes stated in that rule.
(f) Near-Term Certification of Supersonic Civil Aircraft.--
(1) In general.--If a person submits an application
requesting type certification of a civil supersonic aircraft
pursuant to part 21 of title 14, Code of Federal Regulations,
before the Administrator promulgates a final rule amending
part 36 of title 14, Code of Federal Regulations, in
accordance with subsection (e)(1), the Administrator shall,
not later than 18 months after having received such
application, issue a notice of proposed rulemaking applicable
solely for the type certification, inclusive of the aircraft
engines, of the supersonic aircraft design for which such
application was made.
(2) Contents.--A notice of proposed rulemaking described in
paragraph (1) shall--
(A) address safe operation of the aircraft type, including
development and flight testing prior to type certification;
(B) address manufacturing of the aircraft;
(C) address continuing airworthiness of the aircraft;
(D) specify landing and takeoff noise standards for that
aircraft type that the Administrator considers appropriate,
practicable, and consistent with section 44715 of title 49,
United States Code; and
(E) consider differences between subsonic and supersonic
aircraft including differences in thrust requirements at
equivalent gross weight, engine requirements, aerodynamic
characteristics, operational characteristics, and other
physical properties.
(3) Noise and performance data.--The requirement of the
Administrator to issue a notice of proposed rulemaking under
paragraph (1) shall apply only if an application contains
sufficient aircraft noise and performance data as the
Administrator finds necessary to determine appropriate noise
standards and operating limitations for the aircraft type
consistent with section 44715 of title 49, United States
Code.
(4) Final rule.--Not later than 18 months after the end of
the public comment period provided in the notice of proposed
rulemaking required under paragraph (1), the Administrator
shall publish in the Federal Register a final rule applying
solely to the aircraft model submitted for type
certification.
(5) Review of rules of civil supersonic flights.--Beginning
December 31, 2020, and every 2 years thereafter, the
Administrator shall review available aircraft noise and
performance data, and consult with heads of appropriate
Federal agencies, to determine whether section 91.817 of
title 14, Code of Federal Regulations, and Appendix B of part
91 of title 14, Code of Federal Regulations, may be amended,
consistent with section 44715 of title 49, United States
Code, to permit supersonic flight of civil aircraft over land
in the United States.
(6) Implementation of noise standards.--The portion of the
regulation issued by the Administrator of the Federal
Aviation Administration titled ``Revision of General
Operating and Flight Rules'' and published in the Federal
Register on August 18, 1989 (54 Fed. Reg. 34284) that
restricts operation of civil aircraft at a true flight Mach
number greater than 1 shall have no force or effect beginning
on the date on which the Administrator publishes in the
Federal Register a final rule specifying sonic boom noise
standards for civil supersonic aircraft.
SEC. 182. MANDATORY USE OF THE NEW YORK NORTH SHORE
HELICOPTER ROUTE.
(a) Public Comment Period.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall provide notice of, and an opportunity
for, at least 60 days of public comment with respect to the
regulations in subpart H of part 93 of title 14, Code of
Federal Regulations.
(2) Timing.--The public comment period required under
paragraph (1) shall begin not later than 30 days after the
date of enactment of this Act.
(b) Public Hearing.--Not later than 30 days after the date
of enactment of this Act, the Administrator shall hold a
public hearing in the communities impacted by the regulations
described in subsection (a)(1) to solicit feedback with
respect to the regulations.
(c) Review.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall initiate a
review of the regulations described in subsection (a)(1) that
assesses the--
(1) noise impacts of the regulations for communities,
including communities in locations where aircraft are
transitioning to or from a destination or point of landing;
(2) enforcement of applicable flight standards, including
requirements for helicopters operating on the relevant route
to remain at or above 2,500 feet mean sea level; and
(3) availability of alternative or supplemental routes to
reduce the noise impacts of the regulations, including the
institution of an all water route over the Atlantic Ocean.
SEC. 183. STATE STANDARDS FOR AIRPORT PAVEMENTS.
Section 47105(c) of title 49, United States Code, is
amended--
(1) by inserting ``(1) In general.--'' before ``The
Secretary'' the first place it appears; and
(2) by adding at the end the following:
``(2) Pavement standards.--
``(A) Technical assistance.--At the request of a State, the
Secretary shall, not later than 30 days after the date of the
request, provide technical assistance to the State in
developing standards, acceptable to the Secretary under
subparagraph (B), for pavement on nonprimary public-use
airports in the State.
``(B) Requirements.--The Secretary shall--
``(i) continue to provide technical assistance under
subparagraph (A) until the standards are approved under
paragraph (1); and
``(ii) clearly indicate to the State the standards that are
acceptable to the Secretary, considering, at a minimum, local
conditions and locally available materials.''.
SEC. 184. ELIGIBILITY OF PILOT PROGRAM AIRPORTS.
(a) Discretionary Fund.--Section 47115 of title 49, United
States Code, is further amended by adding at the end the
following:
``(k) Partnership Program Airports.--
``(1) Authority.--The Secretary may make grants with funds
made available under this section for an airport
participating in the program under section 47134 if--
``(A) the Secretary has approved the application of an
airport sponsor under section 47134(b) in fiscal year 2019;
and
``(B) the grant will--
``(i) satisfy an obligation incurred by an airport sponsor
under section 47110(e) or funded by a nonpublic sponsor for
an airport development project on the airport; or
``(ii) provide partial Federal reimbursement for airport
development (as defined in section 47102) on the airport
layout plan initiated in the fiscal year in which the
application was approved, or later, for over a period of not
more than 10 years.
``(2) Nonapplicability of certain sections.--Grants made
under this subsection shall not be subject to--
``(A) subsection (c) of this section;
``(B) section 47117(e); or
``(C) any other apportionment formula, special
apportionment category, or minimum percentage set forth in
this chapter.''.
(b) Allowable Project Costs; Letters of Intent.--Section
47110(e) of such title is amended by adding at the end the
following:
``(7) Partnership Program Airports.--The Secretary may
issue a letter of intent under this section to an airport
sponsor with an approved application under section 47134(b)
if--
[[Page H8920]]
``(A) the application was approved in fiscal year 2019; and
``(B) the project meets all other requirements set forth in
this chapter.''.
SEC. 185. GRANDFATHERING OF CERTAIN DEED AGREEMENTS GRANTING
THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION
AIRPORTS.
Section 47107(s) of title 49, United States Code, is
amended by adding at the end the following:
``(3) Exemption.--The terms and conditions of paragraph (2)
shall not apply to an agreement described in paragraph (1)
made before the enactment of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95) that the Secretary determines
does not comply with such terms and conditions but involves
property that is subject to deed or lease restrictions that
are considered perpetual and that cannot readily be brought
into compliance. However, if the Secretary determines that
the airport sponsor and residential property owners are able
to make any modification to such an agreement on or after the
date of enactment of this paragraph, the exemption provided
by this paragraph shall no longer apply.''.
SEC. 186. STAGE 3 AIRCRAFT STUDY.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of the potential benefits,
costs, and other impacts that would result from a phaseout of
covered stage 3 aircraft.
(b) Contents.--The review shall include--
(1) a determination of the number, types, frequency of
operations, and owners and operators of covered stage 3
aircraft;
(2) an analysis of the potential benefits, costs, and other
impacts to air carriers, general aviation operators,
airports, communities surrounding airports, and the general
public associated with phasing out or reducing the operations
of covered stage 3 aircraft, assuming such a phaseout or
reduction is put into effect over a reasonable period of
time;
(3) a determination of lessons learned from the phaseout of
stage 2 aircraft that might be applicable to a phaseout or
reduction in the operations of covered stage 3 aircraft,
including comparisons between the benefits, costs, and other
impacts associated with the phaseout of stage 2 aircraft and
the potential benefits, costs, and other impacts determined
under paragraph (2);
(4) a determination of the costs and logistical challenges
associated with recertifying stage 3 aircraft capable of
meeting stage 4 noise levels; and
(5) a determination of stakeholder views on the feasibility
and desirability of phasing out covered stage 3 aircraft,
including the views of--
(A) air carriers;
(B) airports;
(C) communities surrounding airports;
(D) aircraft and avionics manufacturers;
(E) operators of covered stage 3 aircraft other than air
carriers; and
(F) such other stakeholders and aviation experts as the
Comptroller General considers appropriate.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the review.
(d) Covered Stage 3 Aircraft Defined.--In this section, the
term ``covered stage 3 aircraft'' means a civil subsonic jet
aircraft that is not capable of meeting the stage 4 noise
levels in part 36 of title 14, Code of Federal Regulations.
SEC. 187. AIRCRAFT NOISE EXPOSURE.
(a) Review.--The Administrator of the Federal Aviation
Administration shall conclude the Administrator's ongoing
review of the relationship between aircraft noise exposure
and its effects on communities around airports.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress a report containing the results of the review.
(2) Preliminary recommendations.--The report shall contain
such preliminary recommendations as the Administrator
determines appropriate for revising the land use
compatibility guidelines in part 150 of title 14, Code of
Federal Regulations, based on the results of the review and
in coordination with other agencies.
SEC. 188. STUDY REGARDING DAY-NIGHT AVERAGE SOUND LEVELS.
(a) Study.--The Administrator of the Federal Aviation
Administration shall evaluate alternative metrics to the
current average day-night level standard, such as the use of
actual noise sampling and other methods, to address community
airplane noise concerns.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the study under subsection (a).
SEC. 189. STUDY ON POTENTIAL HEALTH AND ECONOMIC IMPACTS OF
OVERFLIGHT NOISE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an agreement with an
eligible institution of higher education to conduct a study
on the health impacts of noise from aircraft flights on
residents exposed to a range of noise levels from such
flights.
(b) Scope of Study.--The study conducted under subsection
(a) shall--
(1) include an examination of the incremental health
impacts attributable to noise exposure that result from
aircraft flights, including sleep disturbance and elevated
blood pressure;
(2) be focused on residents in the metropolitan area of--
(A) Boston;
(B) Chicago;
(C) the District of Columbia;
(D) New York;
(E) the Northern California Metroplex;
(F) Phoenix;
(G) the Southern California Metroplex;
(H) Seattle; or
(I) such other area as may be identified by the
Administrator;
(3) consider, in particular, the incremental health impacts
on residents living partly or wholly underneath flight paths
most frequently used by aircraft flying at an altitude lower
than 10,000 feet, including during takeoff or landing;
(4) include an assessment of the relationship between a
perceived increase in aircraft noise, including as a result
of a change in flight paths that increases the visibility of
aircraft from a certain location, and an actual increase in
aircraft noise, particularly in areas with high or variable
levels of nonaircraft-related ambient noise; and
(5) consider the economic harm or benefits to businesses
located party or wholly underneath flight paths most
frequently used by aircraft flying at an altitude lower than
10,000 feet, including during takeoff or landing.
(c) Eligibility.--An institution of higher education is
eligible to conduct the study if the institution--
(1) has--
(A) a school of public health that has participated in the
Center of Excellence for Aircraft Noise and Aviation
Emissions Mitigation of the Federal Aviation Administration;
or
(B) a center for environmental health that receives funding
from the National Institute of Environmental Health Sciences;
(2) is located in one of the areas identified in subsection
(b);
(3) applies to the Administrator in a timely fashion;
(4) demonstrates to the satisfaction of the Administrator
that the institution is qualified to conduct the study;
(5) agrees to submit to the Administrator, not later than 3
years after entering into an agreement under subsection (a),
the results of the study, including any source materials
used; and
(6) meets such other requirements as the Administrator
determines necessary.
(d) Submission of Study.--Not later than 90 days after the
Administrator receives the results of the study, the
Administrator shall submit to the appropriate committees of
Congress the study and a summary of the results.
SEC. 190. ENVIRONMENTAL MITIGATION PILOT PROGRAM.
(a) In General.--The Secretary of Transportation may carry
out a pilot program involving not more than 6 projects at
public-use airports in accordance with this section.
(b) Grants.--In carrying out the program, the Secretary may
make grants to sponsors of public-use airports from funds
apportioned under section 47117(e)(1)(A) of title 49, United
States Code.
(c) Use of Funds.--Amounts from a grant received by the
sponsor of a public-use airport under the program shall be
used for environmental mitigation projects that will
measurably reduce or mitigate aviation impacts on noise, air
quality, or water quality at the airport or within 5 miles of
the airport.
(d) Eligibility.--Notwithstanding any other provision of
chapter 471 of title 49, United States Code, an environmental
mitigation project approved under this section shall be
treated as eligible for assistance under that chapter.
(e) Selection Criteria.--In selecting from among applicants
for participation in the program, the Secretary may give
priority consideration to projects that--
(1) will achieve the greatest reductions in aircraft noise,
airport emissions, or airport water quality impacts either on
an absolute basis or on a per dollar of funds expended basis;
and
(2) will be implemented by an eligible consortium.
(f) Federal Share.--The Federal share of the cost of a
project carried out under the program shall be 50 percent.
(g) Maximum Amount.--Not more than $2,500,000 may be made
available by the Secretary in grants under the program for
any single project.
(h) Identifying Best Practices.--The Secretary may
establish and publish information identifying best practices
for reducing or mitigating aviation impacts on noise, air
quality, and water quality at airports or in the vicinity of
airports based on the projects carried out under the program.
(i) Sunset.--The program shall terminate 5 years after the
Secretary makes the first grant under the program.
(j) Definitions.--In this section, the following
definitions apply:
(1) Eligible consortium.--The term ``eligible consortium''
means a consortium that is composed of 2 or more of the
following entities:
(A) Businesses incorporated in the United States.
(B) Public or private educational or research organizations
located in the United States.
[[Page H8921]]
(C) Entities of State or local governments in the United
States.
(D) Federal laboratories.
(2) Environmental mitigation project.--The term
``environmental mitigation project'' means a project that--
(A) introduces new environmental mitigation techniques or
technologies that have been proven in laboratory
demonstrations;
(B) proposes methods for efficient adaptation or
integration of new concepts into airport operations; and
(C) will demonstrate whether new techniques or technologies
for environmental mitigation are--
(i) practical to implement at or near multiple public-use
airports; and
(ii) capable of reducing noise, airport emissions, or water
quality impacts in measurably significant amounts.
(k) Authorization for the Transfer of Funds From Department
of Defense.--
(1) In general.--The Administrator of the Federal Aviation
Administration may accept funds from the Secretary of Defense
to increase the authorized funding for this section by the
amount of such transfer only to carry out projects designed
for environmental mitigation at a site previously, but not
currently, managed by the Department of Defense.
(2) Additional grantees.--If additional funds are made
available by the Secretary of Defense under paragraph (1),
the Administrator may increase the number of grantees under
subsection (a).
SEC. 191. EXTENDING AVIATION DEVELOPMENT STREAMLINING.
(a) In General.--Section 47171 of title 49, United States
Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``general aviation airport construction or
improvement projects,'' after ``congested airports,'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following:
``(2) General aviation airport construction or improvement
project.--A general aviation airport construction or
improvement project shall be subject to the coordinated and
expedited environmental review process requirements set forth
in this section.'';
(3) in subsection (c)(1), by striking ``subsection (b)(2)''
and inserting ``subsection (b)(3)'';
(4) in subsection (d), by striking ``subsection (b)(2)''
and inserting ``subsection (b)(3)'';
(5) in subsection (h), by striking ``subsection (b)(2)''
and inserting ``subsection (b)(3)''; and
(6) in subsection (k), by striking ``subsection (b)(2)''
and inserting ``subsection (b)(3)''.
(b) Definitions.--Section 47175 of title 49, United States
Code, is amended by adding at the end the following:
``(8) General aviation airport construction or improvement
project.--The term `general aviation airport construction or
improvement project' means--
``(A) a project for the construction or extension of a
runway, including any land acquisition, helipad, taxiway,
safety area, apron, or navigational aids associated with the
runway or runway extension, at a general aviation airport, a
reliever airport, or a commercial service airport that is not
a primary airport (as such terms are defined in section
47102); and
``(B) any other airport development project that the
Secretary designates as facilitating aviation capacity
building projects at a general aviation airport.''.
SEC. 192. ZERO-EMISSION VEHICLES AND TECHNOLOGY.
(a) In General.--Section 47136 of title 49, United States
Code, as so redesignated, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary of Transportation may
establish a pilot program under which the sponsors of public-
use airports may use funds made available under this chapter
or section 48103 for use at such airports to carry out--
``(1) activities associated with the acquisition, by
purchase or lease, and operation of eligible zero-emission
vehicles and equipment, including removable power sources for
such vehicles; and
``(2) the construction or modification of infrastructure to
facilitate the delivery of fuel, power or services necessary
for the use of such vehicles.
``(b) Eligibility.--A public-use airport is eligible for
participation in the program if the eligible vehicles or
equipment are--
``(1) used exclusively on airport property; or
``(2) used exclusively to transport passengers and
employees between the airport and--
``(A) nearby facilities which are owned or controlled by
the airport or which otherwise directly support the functions
or services provided by the airport; or
``(B) an intermodal surface transportation facility
adjacent to the airport.'';
(2) by striking subsections (d) through (f) and inserting
the following:
``(d) Federal Share.--The Federal share of the cost of a
project carried out under the program shall be the Federal
share specified in section 47109.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport may
use not more than 10 percent of the amounts made available to
the sponsor under the program in any fiscal year for--
``(A) technical assistance; and
``(B) project management support to assist the airport with
the solicitation, acquisition, and deployment of zero-
emission vehicles, related equipment, and supporting
infrastructure.
``(2) Providers of technical assistance.--To receive the
technical assistance or project management support described
in paragraph (1), participants in the program may use--
``(A) a nonprofit organization selected by the Secretary;
or
``(B) a university transportation center receiving grants
under section 5505 in the region of the airport.
``(f) Materials Identifying Best Practices.--The Secretary
may create and make available materials identifying best
practices for carrying out activities funded under the
program based on previous related projects and other sources.
``(g) Allowable Project Cost.--The allowable project cost
for the acquisition of a zero-emission vehicle shall be the
total cost of purchasing or leasing the vehicle, including
the cost of technical assistance or project management
support described in subsection (e).
``(h) Flexible Procurement.--A sponsor of a public-use
airport may use funds made available under the program to
acquire, by purchase or lease, a zero-emission vehicle and a
removable power source in separate transactions, including
transactions by which the airport purchases the vehicle and
leases the removable power source.
``(i) Testing Required.--
``(1) In general.--A sponsor of a public-use airport may
not use funds made available under the program to acquire a
zero-emission vehicle unless that make, model, or type of
vehicle has been tested by a Federal vehicle testing facility
acceptable to the Secretary.
``(2) Penalties for false statements.--A certification of
compliance under paragraph (1) shall be considered a
certification required under this subchapter for purposes of
section 47126.
``(j) Definitions.--In this section, the following
definitions apply:
``(1) Eligible zero-emission vehicle and equipment.--The
term `eligible zero-emission vehicle and equipment' means a
zero-emission vehicle, equipment related to such a vehicle,
or ground support equipment that includes zero-emission
technology that is--
``(A) used exclusively on airport property; or
``(B) used exclusively to transport passengers and
employees between the airport and--
``(i) nearby facilities which are owned or controlled by
the airport or which otherwise directly support the functions
or services provided by the airport; or
``(ii) an intermodal surface transportation facility
adjacent to the airport.
``(2) Removable power source.--The term `removable power
source' means a power source that is separately installed in,
and removable from, a zero-emission vehicle and may include a
battery, a fuel cell, an ultra-capacitor, or other power
source used in a zero-emission vehicle.
``(3) Zero-emission vehicle.--The term `zero-emission
vehicle' means--
``(A) a zero-emission vehicle as defined in section 88.102-
94 of title 40, Code of Federal Regulations; or
``(B) a vehicle that produces zero exhaust emissions of any
criteria pollutant (or precursor pollutant) under any
possible operational modes and conditions.''.
(b) Special Apportionment Categories.--Section
47117(e)(1)(A) of title 49, United States Code, is amended by
inserting ``for airport development described in section
47102(3)(Q),'' after ``under section 47141,''.
(c) Deployment of Zero Emission Vehicle Technology.--
(1) Establishment.--The Secretary of Transportation may
establish a zero-emission airport technology program--
(A) to facilitate the deployment of commercially viable
zero-emission airport vehicles, technology, and related
infrastructure; and
(B) to minimize the risk of deploying such vehicles,
technology, and infrastructure.
(2) General authority.--
(A) Assistance to nonprofit organizations.--The Secretary
may provide assistance under the program to not more than 3
geographically diverse, eligible organizations to conduct
zero-emission airport technology and infrastructure projects.
(B) Forms of assistance.--The Secretary may provide
assistance under the program in the form of grants,
contracts, and cooperative agreements.
(3) Selection of participants.--
(A) National solicitation.--In selecting participants, the
Secretary shall--
(i) conduct a national solicitation for applications for
assistance under the program; and
(ii) select the recipients of assistance under the program
on a competitive basis.
(B) Considerations.--In selecting from among applicants for
assistance under the program, the Secretary shall consider--
(i) the ability of an applicant to contribute significantly
to deploying zero-emission technology as the technology
relates to airport operations;
[[Page H8922]]
(ii) the financing plan and cost-share potential of the
applicant; and
(iii) other factors, as the Secretary determines
appropriate.
(C) Priority.--ln selecting from among applicants for
assistance under the program, the Secretary shall give
priority consideration to an applicant that has successfully
managed advanced transportation technology projects,
including projects related to zero-emission transportation
operations.
(4) Eligible projects.--A recipient of assistance under the
program shall use the assistance--
(A) to review and conduct demonstrations of zero-emission
technologies and related infrastructure at airports;
(B) to evaluate the credibility of new, unproven vehicle
and energy-efficient technologies in various aspects of
airport operations prior to widespread investment in the
technologies by airports and the aviation industry;
(C) to collect data and make the recipient's findings
available to airports, so that airports can evaluate the
applicability of new technologies to their facilities; and
(D) to report the recipient's findings to the Secretary.
(5) Administrative provisions.--
(A) Federal share.--The Federal share of the cost of a
project carried out under the program may not exceed 80
percent.
(B) Terms and conditions.--A grant, contract, or
cooperative agreement under this section shall be subject to
such terms and conditions as the Secretary determines
appropriate.
(6) Definitions.--In this subsection, the following
definitions apply:
(A) Eligible organization.--The term ``eligible
organization'' means an organization that has expertise in
zero-emission technology.
(B) Organization.--The term ``organization'' means--
(i) described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of the
Internal Revenue Code of 1986;
(ii) a university transportation center receiving grants
under section 5505 of title 49, United States Code; or
(iii) any other Federal or non-Federal entity as the
Secretary considers appropriate.
TITLE II--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) Advisory committee.--The term ``Advisory Committee''
means the Safety Oversight and Certification Advisory
Committee established under section 202.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Systems safety approach.--The term ``systems safety
approach'' means the application of specialized technical and
managerial skills to the systematic, forward-looking
identification and control of hazards throughout the
lifecycle of a project, program, or activity.
SEC. 202. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY
COMMITTEE.
(a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish a
Safety Oversight and Certification Advisory Committee.
(b) Duties.--The Advisory Committee shall provide advice to
the Secretary on policy-level issues facing the aviation
community that are related to FAA safety oversight and
certification programs and activities, including, at a
minimum, the following:
(1) Aircraft and flight standards certification processes,
including efforts to streamline those processes.
(2) Implementation and oversight of safety management
systems.
(3) Risk-based oversight efforts.
(4) Utilization of delegation and designation authorities,
including organization designation authorization.
(5) Regulatory interpretation standardization efforts.
(6) Training programs.
(7) Expediting the rulemaking process and giving priority
to rules related to safety.
(8) Enhancing global competitiveness of United States
manufactured and United States certificated aerospace and
aviation products and services throughout the world.
(c) Functions.--In carrying out its duties under subsection
(b), the Advisory Committee shall:
(1) Foster industry collaboration in an open and
transparent manner.
(2) Consult with, and ensure participation by--
(A) the private sector, including representatives of--
(i) general aviation;
(ii) commercial aviation;
(iii) aviation labor;
(iv) aviation maintenance, repair, and overhaul;
(v) aviation, aerospace, and avionics manufacturing;
(vi) unmanned aircraft systems operators and manufacturers;
and
(vii) the commercial space transportation industry;
(B) members of the public; and
(C) other interested parties.
(3) Recommend consensus national goals, strategic
objectives, and priorities for the most efficient,
streamlined, and cost-effective certification and safety
oversight processes in order to maintain the safety of the
aviation system and, at the same time, allow the FAA to meet
future needs and ensure that aviation stakeholders remain
competitive in the global marketplace.
(4) Provide policy guidance recommendations for the FAA's
certification and safety oversight efforts.
(5) On a regular basis, review and provide recommendations
on the FAA's certification and safety oversight efforts.
(6) Periodically review and evaluate registration,
certification, and related fees.
(7) Provide appropriate legislative, regulatory, and
guidance recommendations for the air transportation system
and the aviation safety regulatory environment.
(8) Recommend performance objectives for the FAA and
industry.
(9) Recommend performance metrics and goals to track and
review the FAA and the regulated aviation industry on their
progress towards streamlining certification reform,
conducting flight standards reform, and carrying out
regulation consistency efforts.
(10) Provide a venue for tracking progress toward national
goals and sustaining joint commitments.
(11) Recommend recruiting, hiring, training, and continuing
education objectives for FAA aviation safety engineers and
aviation safety inspectors.
(12) Provide advice and recommendations to the FAA on how
to prioritize safety rulemaking projects.
(13) Improve the development of FAA regulations by
providing information, advice, and recommendations related to
aviation issues.
(14) Facilitate the validation and acceptance of United
States manufactured and United States certificated products
and services throughout the world.
(d) Membership.--
(1) In general.--The Advisory Committee shall be composed
of the following members:
(A) The Administrator (or the Administrator's designee).
(B) At least 11 individuals, appointed by the Secretary,
each of whom represents at least 1 of the following
interests:
(i) Transport aircraft and engine manufacturers.
(ii) General aviation aircraft and engine manufacturers.
(iii) Avionics and equipment manufacturers.
(iv) Aviation labor organizations, including collective
bargaining representatives of FAA aviation safety inspectors
and aviation safety engineers.
(v) General aviation operators.
(vi) Air carriers.
(vii) Business aviation operators.
(viii) Unmanned aircraft systems manufacturers and
operators.
(ix) Aviation safety management experts.
(x) Aviation maintenance, repair, and overhaul.
(xi) Airport owners and operators.
(2) Nonvoting members.--
(A) In general.--In addition to the members appointed under
paragraph (1), the Advisory Committee shall be composed of
nonvoting members appointed by the Secretary from among
individuals representing FAA safety oversight program
offices.
(B) Duties.--The nonvoting members may--
(i) take part in deliberations of the Advisory Committee;
and
(ii) provide input with respect to any final reports or
recommendations of the Advisory Committee.
(C) Limitation.--The nonvoting members may not represent
any stakeholder interest other than that of an FAA safety
oversight program office.
(3) Terms.--Each voting member and nonvoting member of the
Advisory Committee appointed by the Secretary shall be
appointed for a term of 2 years.
(4) Committee characteristics.--The Advisory Committee
shall have the following characteristics:
(A) Each voting member under paragraph (1)(B) shall be an
executive officer of the organization who has decisionmaking
authority within the member's organization and can represent
and enter into commitments on behalf of such organization.
(B) The ability to obtain necessary information from
experts in the aviation and aerospace communities.
(C) A membership size that enables the Advisory Committee
to have substantive discussions and reach consensus on issues
in a timely manner.
(D) Appropriate expertise, including expertise in
certification and risked-based safety oversight processes,
operations, policy, technology, labor relations, training,
and finance.
(5) Limitation on statutory construction.--Public Law 104-
65 (2 U.S.C. 1601 et seq.) may not be construed to prohibit
or otherwise limit the appointment of any individual as a
member of the Advisory Committee.
(e) Chairperson.--
(1) In general.--The Chairperson of the Advisory Committee
shall be appointed by the Secretary from among those members
of the Advisory Committee that are voting members under
subsection (d)(1)(B).
(2) Term.--Each member appointed under paragraph (1) shall
serve a term of 2 years as Chairperson.
(f) Meetings.--
[[Page H8923]]
(1) Frequency.--The Advisory Committee shall meet at least
twice each year at the call of the Chairperson.
(2) Public attendance.--The meetings of the Advisory
Committee shall be open and accessible to the public.
(g) Special Committees.--
(1) Establishment.--The Advisory Committee may establish
special committees composed of private sector
representatives, members of the public, labor
representatives, and other relevant parties in complying with
consultation and participation requirements under this
section.
(2) Rulemaking advice.--A special committee established by
the Advisory Committee may--
(A) provide rulemaking advice and recommendations to the
Advisory Committee with respect to aviation-related issues;
(B) provide the FAA additional opportunities to obtain
firsthand information and insight from those parties that are
most affected by existing and proposed regulations; and
(C) assist in expediting the development, revision, or
elimination of rules without circumventing public rulemaking
processes and procedures.
(3) Applicable law.--Public Law 92-463 shall not apply to a
special committee established by the Advisory Committee.
(h) Sunset.--The Advisory Committee shall terminate on the
last day of the 6-year period beginning on the date of the
initial appointment of the members of the Advisory Committee.
(i) Termination of Air Traffic Procedures Advisory
Committee.--The Air Traffic Procedures Advisory Committee
established by the FAA shall terminate on the date of the
initial appointment of the members of the Advisory Committee.
Subtitle B--Aircraft Certification Reform
SEC. 211. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND
METRICS.
(a) In General.--Not later than 120 days after the date on
which the Advisory Committee is established under section
202, the Administrator shall establish performance objectives
and apply and track performance metrics for the FAA and the
aviation industry relating to aircraft certification in
accordance with this section.
(b) Collaboration.--The Administrator shall carry out this
section in collaboration with the Advisory Committee and
update agency performance objectives and metrics after
considering the recommendations of the Advisory Committee
under paragraphs (8) and (9) of section 202(c).
(c) Performance Objectives.--In carrying out subsection
(a), the Administrator shall establish performance objectives
for the FAA and the aviation industry to ensure that, with
respect to aircraft certification, progress is made toward,
at a minimum--
(1) eliminating certification delays and improving cycle
times;
(2) increasing accountability for both the FAA and the
aviation industry;
(3) achieving full utilization of FAA delegation and
designation authorities, including organizational designation
authorization;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) increasing transparency;
(7) developing and providing training, including recurrent
training, in auditing and a systems safety approach to
certification oversight;
(8) improving the process for approving or accepting
certification actions between the FAA and bilateral partners;
(9) maintaining and improving safety;
(10) streamlining the hiring process for--
(A) qualified systems safety engineers to support the FAA's
efforts to implement a systems safety approach; and
(B) qualified systems engineers to guide the engineering of
complex systems within the FAA; and
(11) maintaining the leadership of the United States in
international aviation and aerospace.
(d) Performance Metrics.--In carrying out subsection (a),
the Administrator shall apply and track performance metrics
for the FAA and the regulated aviation industry established
by the Advisory Committee.
(e) Data Generation.--
(1) Baselines.--Not later than 1 year after the date on
which the Advisory Committee recommends initial performance
metrics for the FAA and the regulated aviation industry under
section 202, the Administrator shall generate initial data
with respect to each of the performance metrics applied and
tracked under this section.
(2) Benchmarks to measure progress toward goals.--The
Administrator shall use the metrics applied and tracked under
this section to generate data on an ongoing basis and to
measure progress toward the achievement of national goals
recommended by the Advisory Committee.
(f) Publication.--The Administrator shall make data
generated using the performance metrics applied and tracked
under this section available to the public in a searchable,
sortable, and downloadable format through the internet
website of the FAA or other appropriate methods and shall
ensure that the data are made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) prevents inappropriate disclosure of proprietary
information.
SEC. 212. ORGANIZATION DESIGNATION AUTHORIZATIONS.
(a) In General.--Chapter 447 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 44736. Organization designation authorizations
``(a) Delegations of Functions.--
``(1) In general.--Except as provided in paragraph (3),
when overseeing an ODA holder, the Administrator of the FAA
shall--
``(A) require, based on an application submitted by the ODA
holder and approved by the Administrator (or the
Administrator's designee), a procedures manual that addresses
all procedures and limitations regarding the functions to be
performed by the ODA holder;
``(B) delegate fully to the ODA holder each of the
functions to be performed as specified in the procedures
manual, unless the Administrator determines, after the date
of the delegation and as a result of an inspection or other
investigation, that the public interest and safety of air
commerce requires a limitation with respect to 1 or more of
the functions;
``(C) conduct regular oversight activities by inspecting
the ODA holder's delegated functions and taking action based
on validated inspection findings; and
``(D) for each function that is limited under subparagraph
(B), work with the ODA holder to develop the ODA holder's
capability to execute that function safely and effectively
and return to full authority status.
``(2) Duties of oda holders.--An ODA holder shall--
``(A) perform each specified function delegated to the ODA
holder in accordance with the approved procedures manual for
the delegation;
``(B) make the procedures manual available to each member
of the appropriate ODA unit; and
``(C) cooperate fully with oversight activities conducted
by the Administrator in connection with the delegation.
``(3) Existing oda holders.--With regard to an ODA holder
operating under a procedures manual approved by the
Administrator before the date of enactment of the FAA
Reauthorization Act of 2018, the Administrator shall--
``(A) at the request of the ODA holder and in an
expeditious manner, approve revisions to the ODA holder's
procedures manual;
``(B) delegate fully to the ODA holder each of the
functions to be performed as specified in the procedures
manual, unless the Administrator determines, after the date
of the delegation and as a result of an inspection or other
investigation, that the public interest and safety of air
commerce requires a limitation with respect to one or more of
the functions;
``(C) conduct regular oversight activities by inspecting
the ODA holder's delegated functions and taking action based
on validated inspection findings; and
``(D) for each function that is limited under subparagraph
(B), work with the ODA holder to develop the ODA holder's
capability to execute that function safely and effectively
and return to full authority status.
``(b) ODA Office.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of this section, the Administrator of the
FAA shall identify, within the FAA Office of Aviation Safety,
a centralized policy office to be known as the Organization
Designation Authorization Office or the ODA Office.
``(2) Purpose.--The purpose of the ODA Office shall be to
provide oversight and ensure the consistency of the FAA's
audit functions under the ODA program across the FAA.
``(3) Functions.--The ODA Office shall--
``(A)(i) at the request of an ODA holder, eliminate all
limitations specified in a procedures manual in place on the
day before the date of enactment of the FAA Reauthorization
Act of 2018 that are low and medium risk as determined by a
risk analysis using criteria established by the ODA Office
and disclosed to the ODA holder, except where an ODA holder's
performance warrants the retention of a specific limitation
due to documented concerns about inadequate current
performance in carrying out that authorized function;
``(ii) require an ODA holder to establish a corrective
action plan to regain authority for any retained limitations;
``(iii) require an ODA holder to notify the ODA Office when
all corrective actions have been accomplished; and
``(iv) make a reassessment to determine if subsequent
performance in carrying out any retained limitation warrants
continued retention and, if such reassessment determines
performance meets objectives, lift such limitation
immediately;
``(B) improve FAA and ODA holder performance and ensure
full utilization of the authorities delegated under the ODA
program;
``(C) develop a more consistent approach to audit
priorities, procedures, and training under the ODA program;
``(D) review, in a timely fashion, a random sample of
limitations on delegated authorities under the ODA program to
determine if the limitations are appropriate;
``(E) ensure national consistency in the interpretation and
application of the requirements of the ODA program, including
any limitations, and in the performance of the ODA program;
and
``(F) at the request of an ODA holder, review and approve
new limitations to ODA functions.
[[Page H8924]]
``(c) Definitions.--In this section, the following
definitions apply:
``(1) FAA.--The term `FAA' means the Federal Aviation
Administration.
``(2) ODA holder.--The term `ODA holder' means an entity
authorized to perform functions pursuant to a delegation made
by the Administrator of the FAA under section 44702(d).
``(3) ODA unit.--The term ``ODA unit'' means a group of 2
or more individuals who perform, under the supervision of an
ODA holder, authorized functions under an ODA.
``(4) Organization.--The term ``organization'' means a
firm, partnership, corporation, company, association, joint-
stock association, or governmental entity.
``(5) Organization designation authorization; oda.--The
term `Organization Designation Authorization' or `ODA' means
an authorization by the FAA under section 44702(d) for an
organization composed of 1 or more ODA units to perform
approved functions on behalf of the FAA.''.
(b) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, is amended by adding at the end
the following:
``44736. Organization designation authorizations.''.
SEC. 213. ODA REVIEW.
(a) Establishment of Expert Review Panel.--
(1) Expert panel.--Not later than 120 days after the date
of enactment of this Act, the Administrator shall convene a
multidisciplinary expert review panel (in this section
referred to as the ``Panel'').
(2) Composition of panel.--
(A) Appointment of members.--The Panel shall be composed of
not more than 20 members appointed by the Administrator.
(B) Qualifications.--The members appointed to the Panel
shall--
(i) each have a minimum of 5 years of experience in
processes and procedures under the ODA program; and
(ii) represent, at a minimum, ODA holders, aviation
manufacturers, safety experts, and FAA labor organizations,
including labor representatives of FAA aviation safety
inspectors and aviation safety engineers.
(b) Survey.--The Panel shall conduct a survey of ODA
holders and ODA program applicants to document and assess FAA
certification and oversight activities, including use of the
ODA program and the timeliness and efficiency of the
certification process. In carrying out this subsection, the
Panel shall consult with appropriate survey experts to best
design and conduct the survey.
(c) Assessment and Recommendations.--The Panel shall assess
and make recommendations concerning--
(1) the FAA's processes and procedures under the ODA
program and whether the processes and procedures function as
intended;
(2) the best practices of and lessons learned by ODA
holders and FAA personnel who provide oversight of ODA
holders;
(3) performance incentive policies that--
(A) are related to the ODA program for FAA personnel; and
(B) do not conflict with the public interest;
(4) training activities related to the ODA program for FAA
personnel and ODA holders;
(5) the impact, if any, that oversight of the ODA program
has on FAA resources and the FAA's ability to process
applications for certifications outside of the ODA program;
and
(6) the results of the survey conducted under subsection
(b).
(d) Report.--Not later than 180 days after the date the
Panel is convened under subsection (a), the Panel shall
submit to the Administrator, the Advisory Committee, and the
appropriate committees of Congress a report on the findings
and recommendations of the Panel.
(e) Definitions.--The definitions contained in section
44736 of title 49, United States Code, as added by this Act,
apply to this section.
(f) Applicable Law.--Public Law 92-463 shall not apply to
the Panel.
(g) Sunset.--The Panel shall terminate on the date of
submission of the report under subsection (d), or on the date
that is 1 year after the Panel is convened under subsection
(a), whichever occurs first.
SEC. 214. TYPE CERTIFICATION RESOLUTION PROCESS.
(a) In General.--Section 44704(a) of title 49, United
States Code, is amended by adding at the end the following:
``(6) Type certification resolution process.--
``(A) In general.--Not later than 15 months after the date
of enactment of the FAA Reauthorization Act of 2018, the
Administrator shall establish an effective, timely, and
milestone-based issue resolution process for type
certification activities under this subsection.
``(B) Process requirements.--The resolution process shall
provide for--
``(i) resolution of technical issues at pre-established
stages of the certification process, as agreed to by the
Administrator and the type certificate applicant;
``(ii) automatic elevation to appropriate management
personnel of the Federal Aviation Administration and the type
certificate applicant of any major certification process
milestone that is not completed or resolved within a specific
period of time agreed to by the Administrator and the type
certificate applicant; and
``(iii) resolution of a major certification process
milestone elevated pursuant to clause (ii) within a specific
period of time agreed to by the Administrator and the type
certificate applicant.
``(C) Major certification process milestone defined.--In
this paragraph, the term `major certification process
milestone' means a milestone related to a type certification
basis, type certification plan, type inspection
authorization, issue paper, or other major type certification
activity agreed to by the Administrator and the type
certificate applicant.''.
(b) Technical Amendment.--Section 44704 of title 49, United
States Code, is amended in the section heading by striking
``airworthiness certificates,,'' and inserting
``airworthiness certificates,''.
SEC. 215. REVIEW OF CERTIFICATION PROCESS FOR SMALL GENERAL
AVIATION AIRPLANES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of the Federal Aviation
Administration's implementation of the final rule titled
``Revision of Airworthiness Standards for Normal, Utility,
Acrobatic, and Commuter Category Airplanes'' (81 Fed. Reg.
96572).
(b) Considerations.--In carrying out the review, the
Comptroller General shall assess--
(1) how the rule puts into practice the Administration's
efforts to implement performance and risk-based safety
standards;
(2) the extent to which the rule has resulted in the
implementation of a streamlined regulatory regime to improve
safety, reduce regulatory burden, and decrease costs;
(3) whether the rule and its implementation have spurred
innovation and technological adoption;
(4) how consensus standards accepted by the FAA facilitate
the development of new safety equipment and aircraft
capabilities; and
(5) whether lessons learned from the rule and its
implementation have resulted in best practices that could be
applied to airworthiness standards for other categories of
aircraft.
(c) Report.--Not later than 180 days after the date of
initiation of the review, the Comptroller General shall
submit to the appropriate committees of Congress a report on
the results of the review, including findings and
recommendations.
SEC. 216. ODA STAFFING AND OVERSIGHT.
(a) Report to Congress.--Not later than 270 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
Administration's progress with respect to--
(1) determining what additional model inputs and labor
distribution codes are needed to identify ODA oversight
staffing needs;
(2) developing and implementing system-based evaluation
criteria and risk-based tools to aid ODA team members in
targeting their oversight activities;
(3) developing agreements and processes for sharing
resources to ensure adequate oversight of ODA personnel
performing certification and inspection work at supplier and
company facilities; and
(4) ensuring full utilization of ODA authority.
(b) ODA Defined.--In this section, the term ``ODA'' has the
meaning given that term in section 44736 of title 49, United
States Code, as added by this Act.
Subtitle C--Flight Standards Reform
SEC. 221. FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND
METRICS.
(a) In General.--Not later than 120 days after the date on
which the Advisory Committee is established under section
202, the Administrator shall establish performance objectives
and apply and track performance metrics for the FAA and the
aviation industry relating to flight standards activities in
accordance with this section.
(b) Collaboration.--The Administrator shall carry out this
section in collaboration with the Advisory Committee, and
update agency performance objectives and metrics after
considering the recommendations of the Advisory Committee
under paragraphs (8) and (9) of section 202(c).
(c) Performance Objectives.--In carrying out subsection
(a), the Administrator shall establish performance objectives
for the FAA and the aviation industry to ensure that, with
respect to flight standards activities, progress is made
toward, at a minimum--
(1) eliminating delays with respect to such activities;
(2) increasing accountability for both the FAA and the
aviation industry;
(3) achieving full utilization of FAA delegation and
designation authorities, including organizational designation
authority;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) eliminating inconsistent regulatory interpretations and
inconsistent enforcement activities;
(7) improving and providing greater opportunities for
training, including recurrent training, in auditing and a
systems safety approach to oversight;
(8) developing and allowing utilization of a single master
source for guidance;
(9) providing and utilizing a streamlined appeal process
for the resolution of regulatory interpretation questions;
[[Page H8925]]
(10) maintaining and improving safety; and
(11) increasing transparency.
(d) Performance Metrics.--In carrying out subsection (a),
the Administrator shall apply and track performance metrics
for the FAA and the regulated aviation industry established
by the Advisory Committee.
(e) Data Generation.--
(1) Baselines.--Not later than 1 year after the date on
which the Advisory Committee recommends initial performance
metrics for the FAA and the regulated aviation industry under
section 202, the Administrator shall generate initial data
with respect to each of the performance metrics applied and
tracked under this section.
(2) Benchmarks to measure progress toward goals.--The
Administrator shall use the metrics applied and tracked under
this section to generate data on an ongoing basis and to
measure progress toward the achievement of national goals
recommended by the Advisory Committee.
(f) Publication.--The Administrator shall make data
generated using the performance metrics applied and tracked
under this section available to the public in a searchable,
sortable, and downloadable format through the internet
website of the FAA or other appropriate methods and shall
ensure that the data are made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) prevents inappropriate disclosure of proprietary
information.
SEC. 222. FAA TASK FORCE ON FLIGHT STANDARDS REFORM.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall establish
the FAA Task Force on Flight Standards Reform (in this
section referred to as the ``Task Force'').
(b) Membership.--
(1) Appointment.--The membership of the Task Force shall be
appointed by the Administrator.
(2) Number.--The Task Force shall be composed of not more
than 20 members.
(3) Representation requirements.--The membership of the
Task Force shall include representatives, with knowledge of
flight standards regulatory processes and requirements, of--
(A) air carriers;
(B) general aviation;
(C) business aviation;
(D) repair stations;
(E) unmanned aircraft systems operators;
(F) flight schools;
(G) labor unions, including those representing FAA aviation
safety inspectors and those representing FAA aviation safety
engineers;
(H) aviation and aerospace manufacturers; and
(I) aviation safety experts.
(c) Duties.--The duties of the Task Force shall include, at
a minimum, identifying best practices and providing
recommendations, for current and anticipated budgetary
environments, with respect to--
(1) simplifying and streamlining flight standards
regulatory processes, including issuance and oversight of
certificates;
(2) reorganizing Flight Standards Services to establish an
entity organized by function rather than geographic region,
if appropriate;
(3) FAA aviation safety inspector training opportunities;
(4) ensuring adequate and timely provision of Flight
Standards activities and responses necessary for type
certification, operational evaluation, and entry into service
of newly manufactured aircraft;
(5) FAA aviation safety inspector standards and
performance; and
(6) achieving, across the FAA, consistent--
(A) regulatory interpretations; and
(B) application of oversight activities.
(d) Report.--Not later than 1 year after the date of the
establishment of the Task Force, the Task Force shall submit
to the appropriate committees of Congress a report
detailing--
(1) the best practices identified and recommendations
provided by the Task Force under subsection (c); and
(2) any recommendations of the Task Force for additional
regulatory, policy, or cost-effective legislative action to
improve the efficiency of agency activities.
(e) Applicable Law.--Public Law 92-463 shall not apply to
the Task Force.
(f) Sunset.--The Task Force shall terminate on the earlier
of--
(1) the date on which the Task Force submits the report
required under subsection (d); or
(2) the date that is 18 months after the date on which the
Task Force is established under subsection (a).
SEC. 223. CENTRALIZED SAFETY GUIDANCE DATABASE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
centralized safety guidance database that will--
(1) encompass all of the regulatory guidance documents of
the FAA Office of Aviation Safety;
(2) contain, for each such guidance document, a link to the
Code of Federal Regulations provision to which the document
relates; and
(3) be publicly available in a manner that--
(A) protects from disclosure identifying information
regarding an individual or entity; and
(B) prevents inappropriate disclosure proprietary
information.
(b) Data Entry Timing.--
(1) Existing documents.--Not later than 14 months after the
date of enactment of this Act, the Administrator shall begin
entering into the database established under subsection (a)
all of the regulatory guidance documents of the Office of
Aviation Safety that are in effect and were issued before the
date on which the Administrator begins such entry process.
(2) New documents and changes.--On and after the date on
which the Administrator begins the document entry process
under paragraph (1), the Administrator shall ensure that all
new regulatory guidance documents of the Office of Aviation
Safety and any changes to existing documents are included in
the database established under subsection (a) as such
documents or changes to existing documents are issued.
(c) Consultation Requirement.--In establishing the database
under subsection (a), the Administrator shall consult and
collaborate with appropriate stakeholders, including labor
organizations (including those representing aviation workers,
FAA aviation safety engineers and FAA aviation safety
inspectors) and aviation industry stakeholders.
(d) Regulatory Guidance Documents Defined.--In this
section, the term ``regulatory guidance documents'' means all
forms of written information issued by the FAA that an
individual or entity may use to interpret or apply FAA
regulations and requirements, including information an
individual or entity may use to determine acceptable means of
compliance with such regulations and requirements, such as an
order, manual, circular, policy statement, legal
interpretation memorandum, or rulemaking document.
SEC. 224. REGULATORY CONSISTENCY COMMUNICATIONS BOARD.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a
Regulatory Consistency Communications Board (in this section
referred to as the ``Board'').
(b) Consultation Requirement.--In establishing the Board,
the Administrator shall consult and collaborate with
appropriate stakeholders, including FAA labor organizations
(including labor organizations representing FAA aviation
safety inspectors) and industry stakeholders.
(c) Membership.--The Board shall be composed of FAA
representatives, appointed by the Administrator, from--
(1) the Flight Standards Service;
(2) the Aircraft Certification Service; and
(3) the Office of the Chief Counsel.
(d) Functions.--The Board shall carry out the following
functions:
(1) Establish, at a minimum, processes by which--
(A) FAA personnel and persons regulated by the FAA may
submit anonymous regulatory interpretation questions without
fear of retaliation;
(B) FAA personnel may submit written questions, and receive
written responses, as to whether a previous approval or
regulatory interpretation issued by FAA personnel in another
office or region is correct or incorrect; and
(C) any other person may submit written anonymous
regulatory interpretation questions.
(2) Meet on a regular basis to discuss and resolve
questions submitted pursuant to paragraph (1) and the
appropriate application of regulations and policy with
respect to each question.
(3) Provide to a person that submitted a question pursuant
to subparagraph (A) or (B) of paragraph (1) a timely written
response to the question.
(4) Establish a process to make resolutions of common
regulatory interpretation questions publicly available to FAA
personnel, persons regulated by the FAA, and the public
without revealing any identifying data of the person that
submitted the question and in a manner that protects any
proprietary information.
(5) Ensure the incorporation of resolutions of questions
submitted pursuant to paragraph (1) into regulatory guidance
documents, as such term is defined in section 223(d).
(e) Performance Metrics, Timelines, and Goals.--Not later
than 180 days after the date on which the Advisory Committee
recommends performance objectives and performance metrics for
the FAA and the regulated aviation industry under section
202, the Administrator, in collaboration with the Advisory
Committee, shall--
(1) establish performance metrics, timelines, and goals to
measure the progress of the Board in resolving regulatory
interpretation questions submitted pursuant to subsection
(d)(1); and
(2) implement a process for tracking the progress of the
Board in meeting the performance metrics, timelines, and
goals established under paragraph (1).
Subtitle D--Safety Workforce
SEC. 231. SAFETY WORKFORCE TRAINING STRATEGY.
(a) Safety Workforce Training Strategy.--Not later than 60
days after the date of enactment of this Act, the
Administrator shall review and revise its safety workforce
training strategy to ensure that such strategy--
(1) aligns with an effective risk-based approach to safety
oversight;
(2) best uses available resources;
(3) allows FAA employees participating in organization
management teams or conducting ODA program audits to
complete, in
[[Page H8926]]
a timely fashion, appropriate training, including recurrent
training, in auditing and a systems safety approach to
oversight;
(4) seeks knowledge-sharing opportunities between the FAA
and the aviation industry in new technologies, equipment and
systems, best practices, and other areas of interest related
to safety oversight;
(5) functions within the current and anticipated budgetary
environments;
(6) fosters an inspector and engineer workforce that has
the skills and training necessary to improve risk-based
approaches that focus on requirements management and auditing
skills; and
(7) includes, as appropriate, milestones and metrics for
meeting the requirements of paragraphs (1) through (5).
(b) Report.--Not later than 270 days after the date of the
revision of the strategy required under subsection (a), the
Administrator shall submit to the appropriate committees of
Congress a report on the implementation of the strategy and
progress in meeting any milestones and metrics included in
the strategy.
(c) Definitions.--In this section, the following
definitions apply:
(1) ODA; oda holder.--The terms ``ODA'' and ``ODA holder''
have the meanings given those terms in section 44736 of title
49, United States Code, as added by this Act.
(2) ODA program.--The term ``ODA program'' means the
program to standardize FAA management and oversight of the
organizations that are approved to perform certain functions
on behalf of the Administration under section 44702(d) of
title 49, United States Code.
(3) Organization management team.--The term ``organization
management team'' means a team consisting of FAA aviation
safety engineers, flight test pilots, and aviation safety
inspectors overseeing an ODA holder and its certification
activity.
SEC. 232. WORKFORCE REVIEW.
(a) Workforce Review.--Not later than 90 days after the
date of enactment of this Act, the Comptroller General of the
United States shall conduct a review to assess the workforce
and training needs of the FAA Office of Aviation Safety in
the anticipated budgetary environment.
(b) Contents.--The review required under subsection (a)
shall include--
(1) a review of current aviation safety inspector and
aviation safety engineer hiring, training, and recurrent
training requirements;
(2) an analysis of the skills and qualifications required
of aviation safety inspectors and aviation safety engineers
for successful performance in the current and future
projected aviation safety regulatory environment, including
the need for a systems engineering discipline within the FAA
to guide the engineering of complex systems, with an emphasis
on auditing designated authorities;
(3) a review of current performance incentive policies of
the FAA, as applied to the Office of Aviation Safety,
including awards for performance;
(4) an analysis of ways the FAA can work with industry and
labor, including labor groups representing FAA aviation
safety inspectors and aviation safety engineers, to establish
knowledge-sharing opportunities between the FAA and the
aviation industry regarding new equipment and systems, best
practices, and other areas of interest; and
(5) recommendations on the most effective qualifications,
training programs (including e-learning training), and
performance incentive approaches to address the needs of the
future projected aviation safety regulatory system in the
anticipated budgetary environment.
(c) Report.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the review required under subsection (a).
Subtitle E--International Aviation
SEC. 241. PROMOTION OF UNITED STATES AEROSPACE STANDARDS,
PRODUCTS, AND SERVICES ABROAD.
Section 40104 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Promotion of United States Aerospace Standards,
Products, and Services Abroad.--The Secretary shall take
appropriate actions to--
``(1) promote United States aerospace-related safety
standards abroad;
``(2) facilitate and vigorously defend approvals of United
States aerospace products and services abroad;
``(3) with respect to bilateral partners, utilize bilateral
safety agreements and other mechanisms to improve validation
of United States certificated aeronautical products,
services, and appliances and enhance mutual acceptance in
order to eliminate redundancies and unnecessary costs; and
``(4) with respect to the aeronautical safety authorities
of a foreign country, streamline validation and coordination
processes.''.
SEC. 242. BILATERAL EXCHANGES OF SAFETY OVERSIGHT
RESPONSIBILITIES.
Section 44701(e) of title 49, United States Code, is
amended by adding at the end the following:
``(5) Foreign airworthiness directives.--
``(A) Acceptance.--Subject to subparagraph (D), the
Administrator may accept an airworthiness directive, as
defined in section 39.3 of title 14, Code of Federal
Regulations, issued by an aeronautical safety authority of a
foreign country, and leverage that authority's regulatory
process, if--
``(i) the country is the state of design for the product
that is the subject of the airworthiness directive;
``(ii) the United States has a bilateral safety agreement
relating to aircraft certification with the country;
``(iii) as part of the bilateral safety agreement with the
country, the Administrator has determined that such
aeronautical safety authority has an aircraft certification
system relating to safety that produces a level of safety
equivalent to the level produced by the system of the Federal
Aviation Administration;
``(iv) the aeronautical safety authority of the country
utilizes an open and transparent notice and comment process
in the issuance of airworthiness directives; and
``(v) the airworthiness directive is necessary to provide
for the safe operation of the aircraft subject to the
directive.
``(B) Alternative approval process.--Notwithstanding
subparagraph (A), the Administrator may issue a Federal
Aviation Administration airworthiness directive instead of
accepting an airworthiness directive otherwise eligible for
acceptance under such subparagraph, if the Administrator
determines that such issuance is necessary for safety or
operational reasons due to the complexity or unique features
of the Federal Aviation Administration airworthiness
directive or the United States aviation system.
``(C) Alternative means of compliance.--The Administrator
may--
``(i) accept an alternative means of compliance, with
respect to an airworthiness directive accepted under
subparagraph (A), that was approved by the aeronautical
safety authority of the foreign country that issued the
airworthiness directive; or
``(ii) notwithstanding subparagraph (A), and at the request
of any person affected by an airworthiness directive accepted
under such subparagraph, approve an alternative means of
compliance with respect to the airworthiness directive.
``(D) Limitation.--The Administrator may not accept an
airworthiness directive issued by an aeronautical safety
authority of a foreign country if the airworthiness directive
addresses matters other than those involving the safe
operation of an aircraft.''.
SEC. 243. FAA LEADERSHIP ABROAD.
(a) In General.--To promote United States aerospace safety
standards, reduce redundant regulatory activity, and
facilitate acceptance of FAA design and production approvals
abroad, the Administrator shall--
(1) attain greater expertise in issues related to dispute
resolution, intellectual property, and export control laws to
better support FAA certification and other aerospace
regulatory activities abroad;
(2) work with United States companies to more accurately
track the amount of time it takes foreign authorities,
including bilateral partners, to validate United States
certificated aeronautical products;
(3) provide assistance to United States companies that have
experienced significantly long foreign validation wait times;
(4) work with foreign authorities, including bilateral
partners, to collect and analyze data to determine the
timeliness of the acceptance and validation of FAA design and
production approvals by foreign authorities and the
acceptance and validation of foreign-certified products by
the FAA;
(5) establish appropriate benchmarks and metrics to measure
the success of bilateral aviation safety agreements and to
reduce the validation time for United States certificated
aeronautical products abroad; and
(6) work with foreign authorities, including bilateral
partners, to improve the timeliness of the acceptance and
validation of FAA design and production approvals by foreign
authorities and the acceptance and validation of foreign-
certified products by the FAA.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report that--
(1) describes the FAA's strategic plan for international
engagement;
(2) describes the structure and responsibilities of all FAA
offices that have international responsibilities, including
the Aircraft Certification Office, and all the activities
conducted by those offices related to certification and
production;
(3) describes current and forecasted staffing and travel
needs for the FAA's international engagement activities,
including the needs of the Aircraft Certification Office in
the current and forecasted budgetary environment;
(4) provides recommendations, if appropriate, to improve
the existing structure and personnel and travel policies
supporting the FAA's international engagement activities,
including the activities of the Aviation Certification
Office, to better support the growth of United States
aerospace exports; and
(5) identifies cost-effective policy initiatives,
regulatory initiatives, or legislative initiatives needed to
improve and enhance the timely acceptance of United States
aerospace products abroad.
(c) International Travel.--The Administrator, or the
Administrator's designee, may authorize international travel
for any FAA employee, without the approval of any other
person or entity, if the Administrator determines that the
travel is necessary--
(1) to promote United States aerospace safety standards; or
(2) to support expedited acceptance of FAA design and
production approvals.
[[Page H8927]]
SEC. 244. REGISTRATION, CERTIFICATION, AND RELATED FEES.
Section 45305 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``Subject to subsection
(b)'' and inserting ``Subject to subsection (c)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Certification Services.--Subject to subsection (c),
and notwithstanding section 45301(a), the Administrator may
establish and collect a fee from a foreign government or
entity for services related to certification, regardless of
where the services are provided, if the fee--
``(1) is established and collected in a manner consistent
with aviation safety agreements; and
``(2) does not exceed the estimated costs of the
services.''.
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 301. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
SEC. 302. FAA TECHNICAL TRAINING.
(a) E-learning Training Pilot Program.--Not later than 90
days after the date of enactment of this Act, the
Administrator, in collaboration with the exclusive bargaining
representatives of covered FAA personnel, shall establish an
e-learning training pilot program in accordance with the
requirements of this section.
(b) Curriculum.--The pilot program shall--
(1) include a recurrent training curriculum for covered FAA
personnel to ensure that the covered FAA personnel receive
instruction on the latest aviation technologies, processes,
and procedures;
(2) focus on providing specialized technical training for
covered FAA personnel, as determined necessary by the
Administrator;
(3) include training courses on applicable regulations of
the Federal Aviation Administration; and
(4) consider the efficacy of instructor-led online
training.
(c) Pilot Program Termination.--The pilot program shall
terminate 1 year after the date of establishment of the pilot
program.
(d) E-learning Training Program.--Upon termination of the
pilot program, the Administrator shall assess and establish
or update an e-learning training program that incorporates
lessons learned for covered FAA personnel as a result of the
pilot program.
(e) Definitions.--In this section, the following
definitions apply:
(1) Covered faa personnel.--The term ``covered FAA
personnel'' means airway transportation systems specialists
and aviation safety inspectors of the Federal Aviation
Administration.
(2) E-learning training.--The term ``e-learning training''
means learning utilizing electronic technologies to access
educational curriculum outside of a traditional classroom.
SEC. 303. SAFETY CRITICAL STAFFING.
(a) Update of FAA's Safety Critical Staffing Model.--Not
later than 270 days after the date of enactment of this Act,
the Administrator shall update the safety critical staffing
model of the Administration to determine the number of
aviation safety inspectors that will be needed to fulfill the
safety oversight mission of the Administration.
(b) Audit by DOT Inspector General.--
(1) In general.--Not later than 90 days after the date on
which the Administrator has updated the safety critical
staffing model under subsection (a), the Inspector General of
the Department of Transportation shall conduct an audit of
the staffing model.
(2) Contents.--The audit shall include, at a minimum--
(A) a review of the assumptions and methodologies used in
devising and implementing the staffing model to assess the
adequacy of the staffing model in predicting the number of
aviation safety inspectors needed--
(i) to properly fulfill the mission of the Administration;
and
(ii) to meet the future growth of the aviation industry;
and
(B) a determination on whether the staffing model takes
into account the Administration's authority to fully utilize
designees.
(3) Report on audit.--
(A) Report to secretary.--Not later than 30 days after the
date of completion of the audit, the Inspector General shall
submit to the Secretary a report on the results of the audit.
(B) Report to congress.--Not later than 60 days after the
date of receipt of the report, the Secretary shall submit to
the appropriate committees of Congress a copy of the report,
together with, if appropriate, a description of any actions
taken or to be taken to address the results of the audit.
SEC. 304. INTERNATIONAL EFFORTS REGARDING TRACKING OF CIVIL
AIRCRAFT.
The Administrator shall exercise leadership on creating a
global approach to improving aircraft tracking by working
with--
(1) foreign counterparts of the Administrator in the
International Civil Aviation Organization and its subsidiary
organizations;
(2) other international organizations and fora; and
(3) the private sector.
SEC. 305. AIRCRAFT DATA ACCESS AND RETRIEVAL SYSTEMS.
(a) Assessment.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall initiate an
assessment of aircraft data access and retrieval systems for
part 121 air carrier aircraft that are used in extended
overwater operations to--
(1) determine if the systems provide improved access and
retrieval of aircraft data and cockpit voice recordings in
the event of an aircraft accident; and
(2) assess the cost effectiveness of each system assessed.
(b) Systems To Be Examined.--The systems to be examined
under this section shall include, at a minimum--
(1) various methods for improving detection and retrieval
of flight data, including--
(A) low-frequency underwater locating devices; and
(B) extended battery life for underwater locating devices;
(2) automatic deployable flight recorders;
(3) emergency locator transmitters;
(4) triggered transmission of flight data and other
satellite-based solutions;
(5) distress-mode tracking; and
(6) protections against disabling flight recorder systems.
(c) Report.--Not later than 1 year after the date of
initiation of the assessment, the Administrator shall submit
to the appropriate committees of Congress a report on the
results of the assessment.
(d) Part 121 Air Carrier Defined.--In this section, the
term ``part 121 air carrier'' means an air carrier with
authority to conduct operations under part 121 of title 14,
Code of Federal Regulations.
SEC. 306. ADVANCED COCKPIT DISPLAYS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall initiate a
review of heads-up display systems, heads-down display
systems employing synthetic vision systems, and enhanced
vision systems (in this section referred to as ``HUD
systems'', ``SVS'', and ``EVS'', respectively).
(b) Contents.--The review shall--
(1) evaluate the impacts of single- and dual-installed HUD
systems, SVS, and EVS on the safety and efficiency of
aircraft operations within the national airspace system; and
(2) review a sufficient quantity of commercial aviation
accidents or incidents in order to evaluate if HUD systems,
SVS, or EVS would have produced a better outcome in each
accident or incident.
(c) Consultation.--In conducting the review, the
Administrator shall consult with aviation manufacturers,
representatives of pilot groups, aviation safety
organizations, and any government agencies the Administrator
considers appropriate.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report containing the
results of the review, the actions the Administrator plans to
take with respect to the systems reviewed, and the associated
timeline for such actions.
SEC. 307. EMERGENCY MEDICAL EQUIPMENT ON PASSENGER AIRCRAFT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall evaluate and
revise, as appropriate, regulations in part 121 of title 14,
Code of Federal Regulations, regarding emergency medical
equipment, including the contents of first-aid kits,
applicable to all certificate holders operating passenger
aircraft under that part.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider whether the minimum contents of
approved emergency medical kits, including approved first-aid
kits, include appropriate medications and equipment to meet
the emergency medical needs of children and pregnant women.
SEC. 308. FAA AND NTSB REVIEW OF GENERAL AVIATION SAFETY.
(a) Study Required.--Not later than 30 days after the date
of enactment of this Act, the Administrator, in coordination
with the Chairman of the National Transportation Safety
Board, shall initiate a study of general aviation safety.
(b) Study Contents.--The study required under subsection
(a) shall include--
(1) a review of all general aviation accidents since 2000,
including a review of--
(A) the number of such accidents;
(B) the number of injuries and fatalities, including with
respect to both occupants of aircraft and individuals on the
ground, as a result of such accidents;
(C) the number of such accidents investigated by the
National Transportation Safety Board;
(D) the number of such accidents investigated by the FAA;
and
(E) a summary of the factual findings and probable cause
determinations with respect to such accidents;
(2) an assessment of the most common probable cause
determinations issued for general aviation accidents since
2000;
(3) an assessment of the most common facts analyzed by the
FAA and the National Transportation Safety Board in the
course of investigations of general aviation accidents since
2000, including operational details;
(4) a review of the safety recommendations of the National
Transportation Safety Board
[[Page H8928]]
related to general aviation accidents since 2000;
(5) an assessment of the responses of the FAA and the
general aviation community to the safety recommendations of
the National Transportation Safety Board related to general
aviation accidents since 2000;
(6) an assessment of the most common general aviation
safety issues;
(7) a review of the total costs to the Federal Government
to conduct investigations of general aviation accidents over
the last 10 years; and
(8) other matters the Administrator or the Chairman
considers appropriate.
(c) Recommendations and Actions To Address General Aviation
Safety.--Based on the results of the study required under
subsection (a), the Administrator, in consultation with the
Chairman, shall make such recommendations, including with
respect to regulations and enforcement activities, as the
Administrator considers necessary to--
(1) address general aviation safety issues identified under
the study;
(2) protect persons and property on the ground; and
(3) improve the safety of general aviation operators in the
United States.
(d) Authority.--Notwithstanding any other provision of law,
the Administrator shall have the authority to undertake
actions to address the recommendations made under subsection
(c).
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the study required under subsection (a), including the
recommendations described in subsection (c).
(f) General Aviation Defined.--In this section, the term
``general aviation'' means aircraft operation for personal,
recreational, or other noncommercial purposes.
SEC. 309. CALL TO ACTION AIRLINE ENGINE SAFETY REVIEW.
(a) Call to Action Airline Engine Safety Review.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall initiate a Call to Action safety review
on airline engine safety in order to bring stakeholders
together to share best practices and implement actions to
address airline engine safety.
(b) Contents.--The Call to Action safety review required
pursuant to subsection (a) shall include--
(1) a review of Administration regulations, guidance, and
directives related to airline engines during design and
production, including the oversight of those processes;
(2) a review of Administration regulations, guidance, and
directives related to airline engine operation and
maintenance and the oversight of those processes;
(3) a review of reportable accidents and incidents
involving airline engines during calendar years 2014 through
2018, including any identified contributing factors to the
reportable accident or incident; and
(4) a process for stakeholders, including inspectors,
manufacturers, maintenance providers, airlines, labor, and
aviation safety experts, to provide feedback and share best
practices.
(c) Report and Recommendations.--Not later than 90 days
after the conclusion of the Call to Action safety review
pursuant to subsection (a), the Administrator shall submit to
the appropriate committees of Congress a report on the
results of the review and any recommendations for actions or
best practices to improve airline engine safety.
SEC. 310. SENSE OF CONGRESS ON ACCESS TO AIR CARRIER FLIGHT
DECKS.
It is the sense of Congress that the Administrator should
collaborate with other aviation authorities to advance a
global standard for access to air carrier flight decks and
redundancy requirements consistent with the flight deck
access and redundancy requirements in the United States.
SEC. 311. PART 135 ACCIDENT AND INCIDENT DATA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(1) determine, in collaboration with the National
Transportation Safety Board and part 135 industry
stakeholders, what, if any, additional data should be
reported as part of an accident or incident notice--
(A) to more accurately measure the safety of on-demand part
135 aircraft activity;
(B) to pinpoint safety problems; and
(C) to form the basis for critical research and analysis of
general aviation issues; and
(2) provide a briefing to the appropriate committees of
Congress on the findings under paragraph (1), including a
description of any additional data to be collected, a
timeframe for implementing the additional data collection,
and any potential obstacles to implementation.
(b) Definition of Part 135.--In this section, the term
``part 135'' means part 135 of title 14, Code of Federal
Regulations.
SEC. 312. SENSE OF CONGRESS; PILOT IN COMMAND AUTHORITY.
It is the sense of Congress that the pilot in command of an
aircraft is directly responsible for, and is the final
authority as to, the operation of that aircraft, as set forth
in section 91.3(a) of title 14, Code of Federal Regulations
(or any successor regulation thereto).
SEC. 313. REPORT ON CONSPICUITY NEEDS FOR SURFACE VEHICLES
OPERATING ON THE AIRSIDE OF AIR CARRIER SERVED
AIRPORTS.
(a) Study Required.--The Administrator shall carry out a
study on the need for the FAA to prescribe conspicuity
standards for surface vehicles operating on the airside of
the categories of airports that air carriers serve as
specified in subsection (b).
(b) Covered Airports.--The study required by subsection (a)
shall cover, at a minimum, 1 large hub airport, 1 medium hub
airport, and 1 small hub airport, as those terms are defined
in section 40102 of title 49, United States Code.
(c) Report to Congress.--Not later than July 1, 2019, the
Administrator shall submit to the appropriate committees of
Congress a report setting forth the results of the study
required by subsection (a), including such recommendations as
the Administrator considers appropriate regarding the need
for the Administration to prescribe conspicuity standards as
described in subsection (a).
SEC. 314. HELICOPTER AIR AMBULANCE OPERATIONS DATA AND
REPORTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in collaboration
with helicopter air ambulance industry stakeholders, shall
assess the availability of information to the general public
related to the location of heliports and helipads used by
helicopters providing air ambulance services, including
helipads and helipads outside of those listed as part of any
existing databases of Airport Master Record (5010) forms.
(b) Requirements.--Based on the assessment under subsection
(a), the Administrator shall--
(1) update, as necessary, any existing guidance on what
information is included in the current databases of Airport
Master Record (5010) forms to include information related to
heliports and helipads used by helicopters providing air
ambulance services; or
(2) develop, as appropriate and in collaboration with
helicopter air ambulance industry stakeholders, a new
database of heliports and helipads used by helicopters
providing air ambulance services.
(c) Reports.--
(1) Assessment report.--Not later than 30 days after the
date the assessment under subsection (a) is complete, the
Administrator shall submit to the appropriate committees of
Congress a report on the assessment, including any
recommendations on how to make information related to the
location of heliports and helipads used by helicopters
providing air ambulance services available to the general
public.
(2) Implementation report.--Not later than 30 days after
completing action under paragraph (1) or paragraph (2) of
subsection (b), the Administrator shall submit to the
appropriate committees of Congress a report on such action.
(d) Incident and Accident Data.--Section 44731 of title 49,
United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``not later than 1 year after the date of enactment of this
section, and annually thereafter'' and inserting
``annually'';
(B) in paragraph (2), by striking ``flights and hours
flown, by registration number, during which helicopters
operated by the certificate holder were providing helicopter
air ambulance services'' and inserting ``hours flown by the
helicopters operated by the certificate holder'';
(C) in paragraph (3)--
(i) by striking ``of flight'' and inserting ``of patients
transported and the number of patient transport'';
(ii) by inserting ``or'' after ``interfacility
transport,''; and
(iii) by striking ``, or ferry or repositioning flight'';
(D) in paragraph (5)--
(i) by striking ``flights and''; and
(ii) by striking ``while providing air ambulance
services''; and
(E) by amending paragraph (6) to read as follows:
``(6) The number of hours flown at night by helicopters
operated by the certificate holder.'';
(2) in subsection (d)--
(A) by striking ``Not later than 2 years after the date of
enactment of this section, and annually thereafter, the
Administrator shall submit'' and inserting ``The
Administrator shall submit annually''; and
(B) by adding at the end the following: ``The report shall
include the number of accidents experienced by helicopter air
ambulance operations, the number of fatal accidents
experienced by helicopter air ambulance operations, and the
rate, per 100,000 flight hours, of accidents and fatal
accidents experienced by operators providing helicopter air
ambulance services.'';
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
``(e) Implementation.--In carrying out this section, the
Administrator, in collaboration with part 135 certificate
holders providing helicopter air ambulance services, shall--
``(1) propose and develop a method to collect and store the
data submitted under subsection (a), including a method to
protect the confidentiality of any trade secret or
proprietary information submitted; and
``(2) ensure that the database under subsection (c) and the
report under subsection (d) include data and analysis that
will best inform efforts to improve the safety of helicopter
air ambulance operations.''.
[[Page H8929]]
SEC. 315. AVIATION RULEMAKING COMMITTEE FOR PART 135 PILOT
REST AND DUTY RULES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall convene an
aviation rulemaking committee to review, and develop findings
and recommendations regarding, pilot rest and duty rules
under part 135 of title 14, Code of Federal Regulations.
(b) Duties.--The Administrator shall--
(1) not later than 2 years after the date of enactment of
this Act, submit to the appropriate committees of Congress a
report based on the findings of the aviation rulemaking
committee; and
(2) not later than 1 year after the date of submission of
the report under paragraph (1), issue a notice of proposed
rulemaking based on any consensus recommendations reached by
the aviation rulemaking committee.
(c) Composition.--The aviation rulemaking committee shall
consist of members appointed by the Administrator,
including--
(1) representatives of industry;
(2) representatives of aviation labor organizations,
including collective bargaining units representing pilots who
are covered by part 135 of title 14, Code of Federal
Regulations, and subpart K of part 91 of such title; and
(3) aviation safety experts with specific knowledge of
flight crewmember education and training requirements under
part 135 of such title.
(d) Considerations.--The Administrator shall direct the
aviation rulemaking committee to consider--
(1) recommendations of prior part 135 rulemaking
committees;
(2) accommodations necessary for small businesses;
(3) scientific data derived from aviation-related fatigue
and sleep research;
(4) data gathered from aviation safety reporting programs;
(5) the need to accommodate the diversity of operations
conducted under part 135, including the unique duty and rest
time requirements of air ambulance pilots; and
(6) other items, as appropriate.
SEC. 316. REPORT ON OBSOLETE TEST EQUIPMENT.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the National
Test Equipment Program of the FAA (in this section referred
to as the ``Program'').
(b) Contents.--The report shall include--
(1) a list of all known outstanding requests for test
equipment, cataloged by type and location, under the Program;
(2) a description of the current method under the Program
of ensuring calibrated equipment is in place for utilization;
(3) a plan by the Administrator for appropriate inventory
of such equipment;
(4) the Administrator's recommendations for increasing
multifunctionality in future test equipment and all known and
foreseeable manufacturer technological advances; and
(5) a plan to replace, as appropriate, obsolete test
equipment throughout the service areas.
SEC. 317. HELICOPTER FUEL SYSTEM SAFETY.
(a) In General.--Chapter 447 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 44737. Helicopter fuel system safety
``(a) Prohibition.--
``(1) In general.--A person may not operate a covered
rotorcraft in United States airspace unless the design of the
rotorcraft is certified by the Administrator of the Federal
Aviation Administration to--
``(A) comply with the requirements applicable to the
category of the rotorcraft under paragraphs (1), (2), (3),
(5), and (6) of section 27.952(a), section 27.952(c), section
27.952(f), section 27.952(g), section 27.963(g) (but allowing
for a minimum puncture force of 250 pounds if successfully
drop tested in-structure), and section 27.975(b) or
paragraphs (1), (2), (3), (5), and (6) of section 29.952(a),
section 29.952(c), section 29.952(f), section 29.952(g),
section 29.963(b) (but allowing for a minimum puncture force
of 250 pounds if successfully drop tested in-structure), and
29.975(a)(7) of title 14, Code of Federal Regulations, as in
effect on the date of enactment of this section; or
``(B) employ other means acceptable to the Administrator to
provide an equivalent level of fuel system crash resistance.
``(2) Covered rotorcraft defined.--In this subsection, the
term `covered rotorcraft' means a rotorcraft not otherwise
required to comply with section 27.952, section 27.963, and
section 27.975, or section 29.952, section 29.963, and
section 29.975 of title 14, Code of Federal Regulations as in
effect on the date of enactment of this section for which
manufacture was completed, as determined by the
Administrator, on or after the date that is 18 months after
the date of enactment of this section.
``(b) Administrative Provisions.--The Administrator shall--
``(1) expedite the certification and validation of United
States and foreign type designs and retrofit kits that
improve fuel system crashworthiness; and
``(2) not later than 180 days after the date of enactment
of this section, and periodically thereafter, issue a
bulletin to--
``(A) inform rotorcraft owners and operators of available
modifications to improve fuel system crashworthiness; and
``(B) urge that such modifications be installed as soon as
practicable.
``(c) Rule of Construction.--Nothing in this section may be
construed to affect the operation of a rotorcraft by the
Department of Defense.''.
(b) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, is amended by adding at the end
the following:
``44737. Helicopter fuel system safety.''.
SEC. 318. APPLICABILITY OF MEDICAL CERTIFICATION STANDARDS TO
OPERATORS OF AIR BALLOONS.
(a) Short Title.--This section may be cited as the
``Commercial Balloon Pilot Safety Act of 2018''.
(b) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall revise section
61.3(c) of title 14, Code of Federal Regulations (relating to
second-class medical certificates), to apply to an operator
of an air balloon to the same extent such regulations apply
to a pilot flight crewmember of other aircraft.
(c) Air Balloon Defined.--In this section, the term ``air
balloon'' has the meaning given the term ``balloon'' in
section 1.1 of title 14, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
SEC. 319. DESIGNATED PILOT EXAMINER REFORMS.
(a) In General.--The Administrator shall assign to the
Aviation Rulemaking Advisory Committee (in this section
referred to as the ``Committee'') the task of reviewing all
regulations and policies related to designated pilot
examiners appointed under section 183.23 of title 14, Code of
Federal Regulations. The Committee shall focus on the
processes and requirements by which the FAA selects, trains,
and deploys individuals as designated pilot examiners, and
provide recommendations with respect to the regulatory and
policy changes necessary to ensure an adequate number of
designated pilot examiners are deployed and available to
perform their duties. The Committee also shall make
recommendations with respect to the regulatory and policy
changes if necessary to allow a designated pilot examiner
perform a daily limit of 3 new check rides with no limit for
partial check rides and to serve as a designed pilot examiner
without regard to any individual managing office.
(b) Action Based on Recommendations.--Not later than 1 year
after receiving recommendations under subsection (a), the
Administrator shall take such action as the Administrator
considers appropriate with respect to those recommendations.
SEC. 320. VOLUNTARY REPORTS OF OPERATIONAL OR MAINTENANCE
ISSUES RELATED TO AVIATION SAFETY.
(a) In General.--There shall be a presumption that an
individual's voluntary report of an operational or
maintenance issue related to aviation safety under an
aviation safety action program meets the criteria for
acceptance as a valid report under such program.
(b) Disclaimer Required.--Any dissemination, within the
participating organization, of a report that was submitted
and accepted under an aviation safety action program pursuant
to the presumption under subsection (a), but that has not
undergone review by an event review committee, shall be
accompanied by a disclaimer stating that the report--
(1) has not been reviewed by an event review committee
tasked with reviewing such reports; and
(2) may subsequently be determined to be ineligible for
inclusion in the aviation safety action program.
(c) Rejection of Report.--
(1) In general.--A report described under subsection (a)
shall be rejected from an aviation safety action program if,
after a review of the report, an event review committee
tasked with reviewing such report, or the Federal Aviation
Administration member of the event review committee in the
case that the review committee does not reach consensus,
determines that the report fails to meet the criteria for
acceptance under such program.
(2) Protections.--In any case in which a report of an
individual described under subsection (a) is rejected under
paragraph (1)--
(A) the enforcement-related incentive offered to the
individual for making such a report shall not apply; and
(B) the protection from disclosure of the report itself
under section 40123 of title 49, United States Code, shall
not apply.
(3) Aviation safety action program defined.--In this
section, the term ``aviation safety action program'' means a
program established in accordance with Federal Aviation
Administration Advisory Circular 120-66B, issued November 15,
2002 (including any similar successor advisory circular), to
allow an individual to voluntarily disclose operational or
maintenance issues related to aviation safety.
SEC. 321. EVALUATION REGARDING ADDITIONAL GROUND BASED
TRANSMITTERS.
The Administrator shall conduct an evaluation of providing
additional ground based transmitters for Automatic Dependent
Surveillance-Broadcasts (ADS-B) to provide a minimum
operational network in Alaska along major flight routes.
SEC. 322. IMPROVED SAFETY IN RURAL AREAS.
The Administrator shall permit an air carrier operating
pursuant to part 135 of title 14, Code of Federal
Regulations, to operate to a destination with a published
approach, in a noncontiguous State under instrument flight
[[Page H8930]]
rules and conduct an instrument approach without a
destination Meteorological Aerodrome Report (METAR) if a
current Area Forecast, supplemented by noncertified local
weather observations (such as weather cameras and human
observations) is available, and an alternate airport that has
a weather report is specified. The operator shall have
approved procedures for departure and en route weather
evaluation.
SEC. 323. EXIT ROWS.
(a) Review.--The Administrator shall conduct a review of
current safety procedures regarding unoccupied exit rows on a
covered aircraft in passenger air transportation during all
stages of flight.
(b) Consultation.--In carrying out the review, the
Administrator shall consult with air carriers, aviation
manufacturers, and labor stakeholders.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the review.
(d) Covered Aircraft Defined.--In this section, the term
``covered aircraft'' means an aircraft operating under part
121 of title 14, Code of Federal Regulations.
SEC. 324. COMPTROLLER GENERAL REPORT ON FAA ENFORCEMENT
POLICY.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
complete a study, and report to the appropriate committees of
Congress on the results thereof, on the effectiveness of
Order 8000.373, Federal Aviation Administration Compliance
Philosophy, announced on June 26, 2015. Such study shall
include information about--
(1) whether reports of safety incidents increased following
the order;
(2) whether reduced enforcement penalties increased the
overall number of safety incidents that occurred; and
(3) whether FAA enforcement staff registered complaints
about reduced enforcement reducing compliance with safety
regulations.
SEC. 325. ANNUAL SAFETY INCIDENT REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 5 years,
the Administrator, shall submit to the appropriate committees
of Congress a report regarding part 121 airline safety
oversight.
(b) Contents.--The annual report shall include--
(1) a description of the Federal Aviation Administration's
safety oversight process to ensure the safety of the
traveling public;
(2) a description of risk-based oversight methods applied
to ensure aviation safety, including to specific issues
addressed in the year preceding the report that in the
determination of the Administrator address safety risk; and
(3) in the instance of specific reviews of air carrier
performance to safety regulations, a description of cases
where the timelines for recurrent reviews are advanced.
SEC. 326. AIRCRAFT AIR QUALITY.
(a) Educational Materials.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall, in
consultation with relevant stakeholders, establish and make
available on a publicly available Internet website of the
Administration, educational materials for flight attendants,
pilots, and aircraft maintenance technicians on how to
respond to incidents on board aircraft involving smoke or
fumes.
(b) Reporting of Incidents of Smoke or Fumes on Board
Aircraft.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall, in
consultation with relevant stakeholders, issue guidance for
flight attendants, pilots, and aircraft maintenance
technicians to report incidents of smoke or fumes on board an
aircraft operated by a commercial air carrier and with
respect to the basis on which commercial air carriers shall
report such incidents through the Service Difficulty
Reporting System.
(c) Research to Develop Techniques to Monitor Bleed Air
Quality.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall commission a study by
the Airliner Cabin Environment Research Center of
Excellence--
(1) to identify and measure the constituents and levels of
constituents resulting from bleed air in the cabins of a
representative set of commercial aircraft in operation of the
United States;
(2) to assess the potential health effects of such
constituents on passengers and cabin and flight deck crew;
(3) to identify technologies suitable to provide reliable
and accurate warning of bleed air contamination, including
technologies to effectively monitor the aircraft air supply
system when the aircraft is in flight; and
(4) to identify potential techniques to prevent fume
events.
(d) Report Required.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
feasibility, efficacy, and cost-effectiveness of
certification and installation of systems to evaluate bleed
air quality.
(e) Pilot Program.--The FAA may conduct a pilot program to
evaluate the effectiveness of technologies identified in
subsection (c).
SEC. 327. APPROACH CONTROL RADAR.
The Administrator shall--
(1) identify airports that are currently served by FAA
towers with nonradar approach and departure control (type 4
classification in the Federal Aviation Administration
OPSNET); and
(2) develop an implementation plan, which takes into
account budgetary and flight volume considerations, to
provide an airport identified under paragraph (1), if
appropriate, with approach control radar.
SEC. 328. REPORT ON AIRLINE AND PASSENGER SAFETY.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on airline and
passenger safety.
(b) Contents.--The report required under subsection (a)
shall include--
(1) the average age of commercial aircraft owned and
operated by United States air carriers;
(2) the over-all use of planes, including average lifetime
of commercial aircraft;
(3) the number of hours aircraft are in flight over the
life of the aircraft and the average number of hours on
domestic and international flights, respectively;
(4) the impact of metal fatigue on aircraft usage and
safety;
(5) a review on contractor assisted maintenance of
commercial aircraft; and
(6) a re-evaluation of the rules on inspection of aging
airplanes.
SEC. 329. PERFORMANCE-BASED STANDARDS.
The Administrator shall, to the maximum extent possible and
consistent with Federal law, and based on input by the
public, ensure that regulations, guidance, and policies
issued by the FAA on and after the date of enactment of this
Act are issued in the form of performance-based standards,
providing an equal or higher level of safety.
SEC. 330. REPORT AND RECOMMENDATIONS ON CERTAIN AVIATION
SAFETY RISKS.
Not later than 1 year after the date of the enactment of
this Act, the Administrator shall submit to the appropriate
committees of Congress a report that--
(1) identifies safety risks associated with power outages
at airports caused by weather or other factors, and
recommends actions to improve resilience of aviation
communication, navigation, and surveillance systems in the
event of such outages; and
(2) reviews alerting mechanisms, devices, and procedures
for enhancing the situational awareness of pilots and air
traffic controllers in the event of a failure or an
irregularity of runway lights, and provides recommendations
on the further implementation of such mechanisms, devices, or
procedures.
SEC. 331. REVIEW OF FAA'S AVIATION SAFETY INFORMATION
ANALYSIS AND SHARING SYSTEM.
(a) Audit by Department of Transportation Inspector
General.--Not later than 90 days after the date of enactment
of this Act, the inspector general of the Department of
Transportation shall initiate a follow-up review of the FAA's
Aviation Safety Information Analysis and Sharing (ASIAS)
system to assess FAA's efforts and plans to improve the
system.
(b) Review.--The review shall include, at a minimum, an
evaluation of FAA's efforts to improve the ASIAS system's
predictive capabilities and solutions developed to more
widely disseminate results of ASIAS data analyses, as well as
an update on previous inspector general recommendations to
improve this safety analysis and sharing system.
(c) Report.--The inspector general shall submit to the
appropriate committees of Congress a report on the results of
the review carried out under this section and any
recommendations to improve FAA's ASIAS system.
SEC. 332. AIRPORT RESCUE AND FIREFIGHTING.
(a) Firefighting Foam.--Not later than 3 years after the
date of enactment of this Act, the Administrator, using the
latest version of National Fire Protection Association 403,
``Standard for Aircraft Rescue and Fire-Fighting Services at
Airports'', and in coordination with the Administrator of the
Environmental Protection Agency, aircraft manufacturers and
airports, shall not require the use of fluorinated chemicals
to meet the performance standards referenced in chapter 6 of
AC No: 150/5210-6D and acceptable under 139.319(l) of title
14, Code of Federal Regulations.
(b) Training Facilities.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress--
(1) a report on the number and sufficiency of aircraft
rescue and firefighting training facilities in each FAA
region; and
(2) a plan, if appropriate, to address any coverage gaps
identified in the report.
SEC. 333. SAFE AIR TRANSPORTATION OF LITHIUM CELLS AND
BATTERIES.
(a) Harmonization With ICAO Technical Instructions.--
(1) Adoption of icao instructions.--
(A) In general.--Pursuant to section 828 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44701 note),
not later than 90 days after the date of enactment of this
Act, the Secretary of Transportation shall conform United
States regulations on the air transport of lithium cells and
batteries with the lithium cells and battery requirements in
the 2015-2016 edition of the International Civil Aviation
Organization's (referred to in this subsection as ``ICAO'')
Technical Instructions (to include all addenda), including
the revised standards adopted by ICAO which became effective
on April 1, 2016 and any further revisions adopted by ICAO
prior to the effective date of the FAA Reauthorization Act of
2018.
[[Page H8931]]
(B) Further proceedings.--Beginning on the date the revised
regulations under subparagraph (A) are published in the
Federal Register, any lithium cell and battery rulemaking
action or update commenced on or after that date shall
continue to comply with the requirements under section 828 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note).
(2) Review of other regulations.--Pursuant to section 828
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
44701 note), the Secretary of Transportation may initiate a
review of other existing regulations regarding the air
transportation, including passenger-carrying and cargo
aircraft, of lithium batteries and cells.
(b) Medical Device Batteries.--
(1) In general.--For United States applicants, the
Secretary of Transportation shall consider and either grant
or deny, not later than 45 days after receipt of an
application, an application submitted in compliance with part
107 of title 49, Code of Federal Regulations, for special
permits or approvals for air transportation of lithium ion
cells or batteries specifically used by medical devices. Not
later than 30 days after the date of application, the
Pipeline and Hazardous Materials Safety Administration shall
provide a draft special permit to the Federal Aviation
Administration based on the application. The Federal Aviation
Administration shall conduct an on-site inspection for
issuance of the special permit not later than 20 days after
the date of receipt of the draft special permit from the
Pipeline and Hazardous Materials Safety Administration.
(2) Limited exceptions to restrictions on air
transportation of medical device batteries.--The Secretary
shall issue limited exceptions to the restrictions on
transportation of lithium ion and lithium metal batteries to
allow the shipment on a passenger aircraft of not more than 2
replacement batteries specifically used for a medical device
if--
(A) the intended destination of the batteries is not
serviced daily by cargo aircraft if a battery is required for
medically necessary care; and
(B) with regard to a shipper of lithium ion or lithium
metal batteries for medical devices that cannot comply with a
charge limitation in place at the time, each battery is--
(i) individually packed in an inner packaging that
completely encloses the battery;
(ii) placed in a rigid outer packaging; and
(iii) protected to prevent a short circuit.
(3) Medial device defined.--ln this subsection, the term
``medical device'' means an instrument, apparatus, implement,
machine, contrivance, implant, or in vitro reagent, including
any component, part, or accessory thereof, which is intended
for use in the diagnosis of disease or other conditions, or
in the cure, mitigation, treatment, or prevention of disease,
of a person.
(4) Savings clause.--Nothing in this subsection shall be
construed as expanding or constricting any other authority
the Secretary of Transportation has under section 828 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note).
(c) Lithium Battery Safety Working Group.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a lithium battery safety working group (referred to
as the ``working group'' in this section) to promote and
coordinate efforts related to the promotion of the safe
manufacture, use, and transportation of lithium batteries and
cells.
(2) Duties.--The working group shall coordinate and
facilitate the transfer of knowledge and expertise among the
following Federal agencies:
(A) The Department of Transportation.
(B) The Consumer Product Safety Commission.
(C) The National Institute on Standards and Technology.
(D) The Food and Drug Administration.
(3) Members.--The Secretary shall appoint not more than 8
members to the working group with expertise in the safe
manufacture, use, or transportation of lithium batteries and
cells.
(4) Subcommittees.--The Secretary, or members of the
working group, may--
(A) establish working group subcommittees to focus on
specific issues related to the safe manufacture, use, or
transportation of lithium batteries and cells; and
(B) include in a subcommittee the participation of
nonmember stakeholders with expertise in areas that the
Secretary or members consider necessary.
(5) Report.--Not later than 1 year after the date it is
established, the working group shall--
(A) identify and assess--
(i) additional ways to decrease the risk of fires and
explosions from lithium batteries and cells;
(ii) additional ways to ensure uniform transportation
requirements for both bulk and individual batteries; and
(iii) new or existing technologies that may reduce the fire
and explosion risk of lithium batteries and cells; and
(B) transmit to the appropriate committees of Congress a
report on the assessments conducted under subparagraph (A),
including any legislative recommendations to effectuate the
safety improvements described in clauses (i) through (iii) of
that subparagraph.
(6) Termination.--The working group, and any working group
subcommittees, shall terminate 90 days after the date the
report is transmitted under paragraph (5).
(d) Lithium Battery Air Safety Advisory Committee.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish, in
accordance with the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.), a lithium ion and lithium
metal battery air safety advisory committee (in this
subsection referred to as the ``Committee'').
(2) Duties.--The Committee shall--
(A) facilitate communication between manufacturers of
lithium ion and lithium metal cells and batteries,
manufacturers of products incorporating both large and small
lithium ion and lithium metal batteries, air carriers, and
the Federal Government regarding the safe air transportation
of lithium ion and lithium metal cells and batteries and the
effectiveness and economic and social impacts of the
regulation of such transportation;
(B) provide the Secretary, the Federal Aviation
Administration, and the Pipeline and Hazardous Materials
Safety Administration with timely information about new
lithium ion and lithium metal battery technology and
transportation safety practices and methodologies;
(C) provide a forum for the Secretary to provide
information on and to discuss the activities of the
Department of Transportation relating to lithium ion and
lithium metal battery transportation safety, the policies
underlying the activities, and positions to be advocated in
international forums;
(D) provide a forum for the Secretary to provide
information and receive advice on--
(i) activities carried out throughout the world to
communicate and enforce relevant United States regulations
and the ICAO Technical Instructions; and
(ii) the effectiveness of the activities;
(E) provide advice and recommendations to the Secretary
with respect to lithium ion and lithium metal battery air
transportation safety, including how best to implement
activities to increase awareness of relevant requirements and
their importance to travelers and shippers; and
(F) review methods to decrease the risk posed by air
shipment of undeclared hazardous materials and efforts to
educate those who prepare and offer hazardous materials for
shipment via air transport.
(3) Membership.--The Committee shall be composed of the
following members:
(A) Individuals appointed by the Secretary to represent--
(i) large volume manufacturers of lithium ion and lithium
metal cells and batteries;
(ii) domestic manufacturers of lithium ion and lithium
metal batteries or battery packs;
(iii) manufacturers of consumer products powered by lithium
ion and lithium metal batteries;
(iv) manufacturers of vehicles powered by lithium ion and
lithium metal batteries;
(v) marketers of products powered by lithium ion and
lithium metal batteries;
(vi) cargo air service providers based in the United
States;
(vii) passenger air service providers based in the United
States;
(viii) pilots and employees of air service providers
described in clauses (vi) and (vii);
(ix) shippers of lithium ion and lithium metal batteries
for air transportation;
(x) manufacturers of battery-powered medical devices or
batteries used in medical devices; and
(xi) employees of the Department of Transportation,
including employees of the Federal Aviation Administration
and the Pipeline and Hazardous Materials Safety
Administration.
(B) Representatives of such other Government departments
and agencies as the Secretary determines appropriate.
(C) Any other individuals the Secretary determines are
appropriate to comply with Federal law.
(4) Report.--
(A) In general.--Not later than 180 days after the
establishment of the Committee, the Committee shall submit to
the Secretary and the appropriate committees of Congress a
report that--
(i) describes and evaluates the steps being taken in the
private sector and by international regulatory authorities to
implement and enforce requirements relating to the safe
transportation by air of bulk shipments of lithium ion cells
and batteries; and
(ii) identifies any areas of enforcement or regulatory
requirements for which there is consensus that greater
attention is needed.
(B) Independent statements.--Each member of the Committee
shall be provided an opportunity to submit an independent
statement of views with the report submitted pursuant to
subparagraph (A).
(5) Meetings.--
(A) In general.--The Committee shall meet at the direction
of the Secretary and at least twice a year.
(B) Preparation for icao meetings.--Notwithstanding
subparagraph (A), the Secretary shall convene a meeting of
the Committee in connection with and in advance of each
meeting of the International Civil Aviation Organization, or
any of its panels or working groups, addressing the safety of
air transportation of lithium ion and lithium metal batteries
to brief Committee members on positions to be taken by the
United States at such meeting and provide Committee members a
meaningful opportunity to comment.
[[Page H8932]]
(6) Termination.--The Committee shall terminate on the date
that is 6 years after the date on which the Committee is
established.
(7) Termination of future of aviation advisory committee.--
The Future of Aviation Advisory Committee shall terminate on
the date on which the lithium ion battery air safety advisory
committee is established.
(e) Cooperative Efforts to Ensure Compliance With Safety
Regulations.--
(1) In general.--The Secretary of Transportation, in
coordination with appropriate Federal agencies, shall carry
out cooperative efforts to ensure that shippers who offer
lithium ion and lithium metal batteries for air transport to
or from the United States comply with U.S. Hazardous
Materials Regulations and ICAO Technical Instructions.
(2) Cooperative efforts.--The cooperative efforts the
Secretary shall carry out pursuant to paragraph (1) include
the following:
(A) Encouraging training programs at locations outside the
United States from which substantial cargo shipments of
lithium ion or lithium metal batteries originate for
manufacturers, freight forwarders, and other shippers and
potential shippers of lithium ion and lithium metal
batteries.
(B) Working with Federal, regional, and international
transportation agencies to ensure enforcement of U.S.
Hazardous Materials Regulations and ICAO Technical
Instructions with respect to shippers who offer noncompliant
shipments of lithium ion and lithium metal batteries.
(C) Sharing information, as appropriate, with Federal,
regional, and international transportation agencies regarding
noncompliant shipments.
(D) Pursuing a joint effort with the international aviation
community to develop a process to obtain assurances that
appropriate enforcement actions are taken to reduce the
likelihood of noncompliant shipments, especially with respect
to jurisdictions in which enforcement activities historically
have been limited.
(E) Providing information in brochures and on the internet
in appropriate foreign languages and dialects that describes
the actions required to comply with U.S. Hazardous Materials
Regulations and ICAO Technical Instructions.
(F) Developing joint efforts with the international
aviation community to promote a better understanding of the
requirements of and methods of compliance with U.S. Hazardous
Materials Regulations and ICAO Technical Instructions.
(3) Reporting.--Not later than 120 days after the date of
enactment of this Act, and annually thereafter for 2 years,
the Secretary shall submit to the appropriate committees of
Congress a report on compliance with the policy set forth in
subsection (e) and the cooperative efforts carried out, or
planned to be carried out, under this subsection.
(f) Packaging Improvements.--Not later than 180 days after
the date of enactment of this Act, the Secretary, in
consultation with interested stakeholders, shall submit to
the appropriate committees of Congress an evaluation of
current practices for the packaging of lithium ion batteries
and cells for air transportation, including recommendations,
if any, to improve the packaging of such batteries and cells
for air transportation in a safe, efficient, and cost-
effective manner.
(g) Department of Transportation Policy on International
Representation.--
(1) In general.--It shall be the policy of the Department
of Transportation to support the participation of industry
and labor stakeholders in all panels and working groups of
the dangerous goods panel of the ICAO and any other
international test or standard setting organization that
considers proposals on the safety or transportation of
lithium ion and lithium metal batteries in which the United
States participates.
(2) Participation.--The Secretary of Transportation shall
request that as part of the ICAO deliberations in the
dangerous goods panel on these issues, that appropriate
experts on issues under consideration be allowed to
participate.
(h) Definitions.--In this section, the following
definitions apply:
(1) ICAO technical instructions.--The term ``ICAO Technical
Instructions'' has the meaning given that term in section
828(c) of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 44701 note).
(2) U.S. hazardous materials regulations.--The term ``U.S.
Hazardous Materials Regulations'' means the regulations in
parts 100 through 177 of title 49, Code of Federal
Regulations (including amendments adopted after the date of
enactment of this Act).
SEC. 334. RUNWAY SAFETY.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on improving
runway safety.
(b) Contents.--In the report required under this section,
the Administrator shall--
(1) review the relative benefits and risks of requiring the
use of runway awareness and advisory systems in turbine-
powered airplanes with a maximum takeoff weight greater than
19,000 pounds;
(2) review systems capable of detecting wrong-surface
alignment to determine whether the capability exists to
detect imminent wrong-surface landings at each airport where
such a system is in use;
(3) describe information gathered from the use of the
Airport Surface Surveillance Capability system at San
Francisco International Airport since July 2017;
(4) assess available technologies to determine whether it
is feasible, cost-effective, and appropriate to install and
deploy, at any airport, systems to provide a direct warning
capability to flight crews or air traffic controllers, or
both, of potential runway incursions; and
(5) describe FAA efforts to develop metrics that would
allow the FAA to determine whether runway incursions are
increasing and to assess the effectiveness of implemented
runway safety initiatives.
(c) Consultation.--The Administrator shall consult with the
National Transportation Safety Board in developing the report
required under this section.
SEC. 335. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS AND REST
REQUIREMENTS.
(a) Modification of Final Rule.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
modify the final rule of the Federal Aviation Administration
published in the Federal Register on August 19, 1994 (59 Fed.
Reg. 42974; relating to flight attendant duty period
limitations and rest requirements) in accordance with the
requirements of this subsection.
(2) Contents.--The final rule, as modified under paragraph
(1), shall ensure that--
(A) a flight attendant scheduled to a duty period of 14
hours or less is given a scheduled rest period of at least 10
consecutive hours; and
(B) the rest period is not reduced under any circumstances.
(b) Fatigue Risk Management Plan.--
(1) Submission of plan by part 121 air carriers.--Not later
than 90 days after the date of enactment of this Act, each
air carrier operating under part 121 of title 14, Code of
Federal Regulations (in this section referred to as a ``part
121 air carrier''), shall submit to the Administrator of the
Federal Aviation Administration for review and acceptance a
fatigue risk management plan for the carrier's flight
attendants.
(2) Contents of plan.--A fatigue risk management plan
submitted by a part 121 air carrier under paragraph (1) shall
include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme consistent with such limitations that
enables the management of flight attendant fatigue, including
annual training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on flight attendants; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that continually
assesses the effectiveness of implementation of the plan,
including the ability of the plan--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) Review.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall review and
accept or reject each fatigue risk management plan submitted
under this subsection. If the Administrator rejects a plan,
the Administrator shall provide suggested modifications for
resubmission of the plan.
(4) Plan updates.--
(A) In general.--A part 121 air carrier shall update its
fatigue risk management plan under paragraph (1) every 2
years and submit the update to the Administrator for review
and acceptance.
(B) Review.--Not later than 1 year after the date of
submission of a plan update under subparagraph (A), the
Administrator shall review and accept or reject the update.
If the Administrator rejects an update, the Administrator
shall provide suggested modifications for resubmission of the
update.
(5) Compliance.--A part 121 air carrier shall comply with
the fatigue risk management plan of the air carrier that is
accepted by the Administrator under this subsection.
(6) Civil penalties.--A violation of this subsection by a
part 121 air carrier shall be treated as a violation of
chapter 447 of title 49, United States Code, for purposes of
the application of civil penalties under chapter 463 of that
title.
SEC. 336. SECONDARY COCKPIT BARRIERS.
(a) Short Title.--This section may be cited as the
``Saracini Aviation Safety Act of 2018''.
(b) Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue an order requiring
installation of a secondary cockpit barrier on each new
aircraft that is manufactured for delivery to a passenger air
carrier in the United States operating under the provisions
of part 121 of title 14, Code of Federal Regulations.
SEC. 337. AIRCRAFT CABIN EVACUATION PROCEDURES.
(a) Review.--The Administrator of the Federal Aviation
Administration shall review--
(1) evacuation certification of transport-category aircraft
used in air transportation, with regard to--
(A) emergency conditions, including impacts into water;
(B) crew procedures used for evacuations under actual
emergency conditions;
(C) any relevant changes to passenger demographics and
legal requirements, including the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), that affect emergency
evacuations; and
[[Page H8933]]
(D) any relevant changes to passenger seating
configurations, including changes to seat width, padding,
reclining, size, pitch, leg room, and aisle width; and
(2) recent accidents and incidents in which passengers
evacuated such aircraft.
(b) Consultation; Review of Data.--In conducting the review
under subsection (a), the Administrator shall--
(1) consult with the National Transportation Safety Board,
transport-category aircraft manufacturers, air carriers, and
other relevant experts and Federal agencies, including groups
representing passengers, airline crew members, maintenance
employees, and emergency responders; and
(2) review relevant data with respect to evacuation
certification of transport-category aircraft.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
results of the review under subsection (a) and related
recommendations, if any, including recommendations for
revisions to the assumptions and methods used for assessing
evacuation certification of transport-category aircraft.
SEC. 338. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each air carrier should have in place policies and
procedures to address sexual misconduct, including policies
and procedures to--
(B) facilitate the reporting of sexual misconduct to
appropriate law enforcement agencies;
(C) communicate to personnel and passengers of the air
carrier the rights of such individuals with respect to sexual
misconduct;
(D) train personnel of the air carrier to recognize and
respond appropriately to, and to notify the appropriate law
enforcement agency of, sexual misconduct; and
(E) ensure other appropriate actions are undertaken to
respond effectively to sexual misconduct; and
(2) individuals who perpetrate sexual misconduct should be
held accountable under all applicable Federal and State laws.
SEC. 339. CIVIL PENALTIES FOR INTERFERENCE.
(a) Interference With Cabin or Flight Crew.--Section
46318(a) of title 49, United States Code, is amended--
(1) by inserting ``or sexually'' after ``physically'' each
place it appears; and
(2) by striking ``$25,000'' and inserting ``$35,000''.
SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT TASK FORCE.
(a) Establishment of Task Force.--The Secretary of
Transportation shall establish a task force, to be known as
the ``National In-Flight Sexual Misconduct Task Force''
(referred to in this section as ``Task Force'') to--
(1) review current practices, protocols and requirements of
air carriers in responding to allegations of sexual
misconduct by passengers onboard aircraft, including
training, reporting and data collection; and
(2) provide recommendations on training, reporting and data
collection regarding allegations of sexual misconduct
occurring on passenger airline flights that are informed by
the review of information described in paragraph (1) and
subsection (c)(5) on passengers who have experienced sexual
misconduct onboard aircraft.
(b) Membership.--The Task Force shall be composed of, at a
minimum, representatives from--
(1) Department of Transportation;
(2) Department of Justice, including the Federal Bureau of
Investigation, Office of Victims for Crimes, and the Office
on Violence Against Women;
(3) National organizations that specialize in providing
services to sexual assault victims;
(4) labor organizations that represent flight attendants;
(5) labor organizations that represent pilots;
(6) airports;
(7) air carriers;
(8) State and local law enforcement agencies; and
(9) such other Federal agencies and stakeholder
organizations as the Secretary of Transportation considers
appropriate.
(c) Purpose of Task Force.--The purpose of the Task Force
shall be to--
(1) issue recommendations for addressing allegations of
sexual misconduct by passengers onboard aircraft, including
airline employee and contractor training;
(2) issue recommendations on effective ways for passengers
involved in incidents of alleged sexual misconduct to report
such allegation of sexual misconduct;
(3) issue recommendations on how to most effectively
provide data on instances of alleged sexual misconduct
onboard aircraft and to whom the data collected should be
reported in a manner that protects the privacy and
confidentiality of individuals involved in incidents of
alleged sexual misconduct and precludes the release of data
that publically identifies an individual air carrier to
enable better understanding of the frequency and severity of
such misconduct;
(4) issue recommendations for flight attendants, pilots,
and other appropriate airline personnel on law enforcement
notification in incidents of alleged sexual misconduct;
(5) review and utilize first-hand accounts from passengers
who have experienced sexual misconduct onboard aircraft; and
(6) other matters deemed necessary by the Task Force.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Task Force shall submit a report
with its recommendations and findings developed pursuant to
subsection (c) to the Secretary of Transportation.
(e) Plan.--Not later than 180 days after receiving the
report required under subsection (d) the Secretary of
Transportation, in coordination with relevant federal
agencies, shall submit to appropriate committees of Congress
a plan to address the recommendations in the report required
under subsection (d). The Secretary of Transportation shall
make changes to guidance, policies and regulations, as
necessary, within 1 year of submitting the plan required in
this subsection.
(f) Regulations.--Not later than 1 year after submitting
the plan required in this subsection, the Secretary of
Transportation may issue regulations as deemed necessary to
require each air carrier and other covered entity to develop
a policy concerning sexual misconduct in accordance with the
recommendations and findings of the Task Force under
subsection (c).
(g) Sunset.--The Task Force established pursuant to
subsection (a) shall terminate upon the submission of the
report pursuant to subsection (d).
SEC. 339B. REPORTING PROCESS FOR SEXUAL MISCONDUCT ONBOARD
AIRCRAFT.
(a) In General.--Not later than two years after the date of
the enactment of this Act, the Attorney General, in
coordination with relevant Federal agencies, shall establish
a streamlined process, based on the plan required under
section 339A(e) of this Act, for individuals involved in
incidents of alleged sexual misconduct onboard aircraft to
report such allegations of sexual misconduct to law
enforcement in a manner that protects the privacy and
confidentiality of individuals involved in such allegations.
(b) Availability of Reporting Process.--The process for
reporting established under subsection (a) shall be made
available to the public on the primary Internet websites of--
(1) the Office for Victims of Crime and the Office on
Violence Against Women of the Department of Justice;
(2) the Federal Bureau of Investigation; and
(3) the Department of Transportation.
Subtitle B--Unmanned Aircraft Systems
SEC. 341. DEFINITIONS; INTEGRATION OF CIVIL UNMANNED AIRCRAFT
SYSTEMS INTO NATIONAL AIRSPACE SYSTEM.
(a) In General.--Part A of subtitle VII of title 49, United
States Code, is amended by inserting after chapter 447 the
following:
``CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS
``Sec.
``44801. Definitions.
``44802. Integration of civil unmanned aircraft systems into national
airspace system.
``Sec. 44801. Definitions
``In this chapter, the following definitions apply:
``(1) Actively tethered unmanned aircraft system.--The term
`actively tethered unmanned aircraft system' means an
unmanned aircraft system in which the unmanned aircraft
component--
``(A) weighs 4.4 pounds or less, including payload but not
including the tether;
``(B) is physically attached to a ground station with a
taut, appropriately load-rated tether that provides
continuous power to the unmanned aircraft and is unlikely to
be separated from the unmanned aircraft; and
``(C) is controlled and retrieved by such ground station
through physical manipulation of the tether.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
``(3) Arctic.--The term `Arctic' means the United States
zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north
of the Aleutian chain.
``(4) Certificate of waiver; certificate of
authorization.--The terms `certificate of waiver' and
`certificate of authorization' mean a Federal Aviation
Administration grant of approval for a specific flight
operation.
``(5) Counter-UAS system.--The term `counter-UAS system'
means a system or device capable of lawfully and safely
disabling, disrupting, or seizing control of an unmanned
aircraft or unmanned aircraft system.
``(6) Permanent areas.--The term `permanent areas' means
areas on land or water that provide for launch, recovery, and
operation of small unmanned aircraft.
``(7) Public unmanned aircraft system.--The term `public
unmanned aircraft system' means an unmanned aircraft system
that meets the qualifications and conditions required for
operation of a public aircraft.
``(8) Sense and avoid capability.--The term `sense and
avoid capability' means the capability of an unmanned
aircraft to remain a safe distance from and to avoid
collisions with other airborne aircraft, structures on the
ground, and other objects.
``(9) Small unmanned aircraft.--The term `small unmanned
aircraft' means an unmanned aircraft weighing less than 55
[[Page H8934]]
pounds, including the weight of anything attached to or
carried by the aircraft.
``(10) Test range.--The term `test range' means a defined
geographic area where research and development are conducted
as authorized by the Administrator of the Federal Aviation
Administration, and includes any of the 6 test ranges
established by the Administrator under section 332(c) of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note), as in effect on the day before the date of enactment
of the FAA Reauthorization Act of 2018, and any public entity
authorized by the Federal Aviation Administration as an
unmanned aircraft system flight test center before January 1,
2009.
``(11) Unmanned aircraft.--The term `unmanned aircraft'
means an aircraft that is operated without the possibility of
direct human intervention from within or on the aircraft.
``(12) Unmanned aircraft system.--The term `unmanned
aircraft system' means an unmanned aircraft and associated
elements (including communication links and the components
that control the unmanned aircraft) that are required for the
operator to operate safely and efficiently in the national
airspace system.
``(13) UTM.--The term `UTM' means an unmanned aircraft
system traffic management system or service.
``Sec. 44802. Integration of civil unmanned aircraft systems
into national airspace system
``(a) Required Planning for Integration.--
``(1) Comprehensive plan.--Not later than November 10,
2012, the Secretary of Transportation, in consultation with
representatives of the aviation industry, Federal agencies
that employ unmanned aircraft systems technology in the
national airspace system, and the unmanned aircraft systems
industry, shall develop a comprehensive plan to safely
accelerate the integration of civil unmanned aircraft systems
into the national airspace system.
``(2) Contents of plan.--The plan required under paragraph
(1) shall contain, at a minimum, recommendations or
projections on--
``(A) the rulemaking to be conducted under subsection (b),
with specific recommendations on how the rulemaking will--
``(i) define the acceptable standards for operation and
certification of civil unmanned aircraft systems;
``(ii) ensure that any civil unmanned aircraft system
includes a sense-and-avoid capability; and
``(iii) establish standards and requirements for the
operator and pilot of a civil unmanned aircraft system,
including standards and requirements for registration and
licensing;
``(B) the best methods to enhance the technologies and
subsystems necessary to achieve the safe and routine
operation of civil unmanned aircraft systems in the national
airspace system;
``(C) a phased-in approach to the integration of civil
unmanned aircraft systems into the national airspace system;
``(D) a timeline for the phased-in approach described under
subparagraph (C);
``(E) creation of a safe airspace designation for
cooperative manned and unmanned flight operations in the
national airspace system;
``(F) establishment of a process to develop certification,
flight standards, and air traffic requirements for civil
unmanned aircraft systems at test ranges where such systems
are subject to testing;
``(G) the best methods to ensure the safe operation of
civil unmanned aircraft systems and public unmanned aircraft
systems simultaneously in the national airspace system; and
``(H) incorporation of the plan into the annual NextGen
Implementation Plan document (or any successor document) of
the Federal Aviation Administration.
``(3) Deadline.--The plan required under paragraph (1)
shall provide for the safe integration of civil unmanned
aircraft systems into the national airspace system as soon as
practicable, but not later than September 30, 2015.
``(4) Report to congress.--Not later than February 14,
2013, the Secretary shall submit to Congress a copy of the
plan required under paragraph (1).
``(5) Roadmap.--Not later than February 14, 2013, the
Secretary shall approve and make available in print and on
the Administration's internet website a 5-year roadmap for
the introduction of civil unmanned aircraft systems into the
national airspace system, as coordinated by the Unmanned
Aircraft Program Office of the Administration. The Secretary
shall update, in coordination with the Administrator of the
National Aeronautics and Space Administration (NASA) and
relevant stakeholders, including those in industry and
academia, the roadmap annually. The roadmap shall include, at
a minimum--
``(A) cost estimates, planned schedules, and performance
benchmarks, including specific tasks, milestones, and
timelines, for unmanned aircraft systems integration into the
national airspace system, including an identification of--
``(i) the role of the unmanned aircraft systems test ranges
established under subsection (c) and the Unmanned Aircraft
Systems Center of Excellence;
``(ii) performance objectives for unmanned aircraft systems
that operate in the national airspace system; and
``(iii) research and development priorities for tools that
could assist air traffic controllers as unmanned aircraft
systems are integrated into the national airspace system, as
appropriate;
``(B) a description of how the Administration plans to use
research and development, including research and development
conducted through NASA's Unmanned Aircraft Systems Traffic
Management initiatives, to accommodate, integrate, and
provide for the evolution of unmanned aircraft systems in the
national airspace system;
``(C) an assessment of critical performance abilities
necessary to integrate unmanned aircraft systems into the
national airspace system, and how these performance abilities
can be demonstrated; and
``(D) an update on the advancement of technologies needed
to integrate unmanned aircraft systems into the national
airspace system, including decisionmaking by adaptive
systems, such as sense-and-avoid capabilities and cyber
physical systems security.
``(b) Rulemaking.--Not later than 18 months after the date
on which the plan required under subsection (a)(1) is
submitted to Congress under subsection (a)(4), the Secretary
shall publish in the Federal Register--
``(1) a final rule on small unmanned aircraft systems that
will allow for civil operation of such systems in the
national airspace system, to the extent the systems do not
meet the requirements for expedited operational authorization
under section 44807;
``(2) a notice of proposed rulemaking to implement the
recommendations of the plan required under subsection (a)(1),
with the final rule to be published not later than 16 months
after the date of publication of the notice; and
``(3) an update to the Administration's most recent policy
statement on unmanned aircraft systems, contained in Docket
No. FAA-2006-25714.''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters for subtitle
VII of title 49, United States Code, is amended by inserting
after the item relating to chapter 447 the following:
``448 . Unmanned aircraft systems..........................44801''.....
(2) Repeal.--Section 332 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note) and the item
relating to that section in the table of contents under
section 1(b) of that Act are repealed.
SEC. 342. UPDATE OF FAA COMPREHENSIVE PLAN.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Transportation shall
update the comprehensive plan described in section 44802 of
title 49, United States Code, to develop a concept of
operations for the integration of unmanned aircraft into the
national airspace system.
(b) Considerations.--In carrying out the update under
subsection (a), the Secretary shall consider, at a minimum--
(1) the potential use of UTM and other technologies to
ensure the safe and lawful operation of unmanned aircraft in
the national airspace system;
(2) the appropriate roles, responsibilities, and
authorities of government agencies and the private sector in
identifying and reporting unlawful or harmful operations and
operators of unmanned aircraft;
(3) the use of models, threat assessments, probabilities,
and other methods to distinguish between lawful and unlawful
operations of unmanned aircraft; and
(4) appropriate systems, training, intergovernmental
processes, protocols, and procedures to mitigate risks and
hazards posed by unlawful or harmful operations of unmanned
aircraft systems.
(c) Consultation.--The Secretary shall carry out the update
under subsection (a) in consultation with representatives of
the aviation industry, Federal agencies that employ unmanned
aircraft systems technology in the national airspace system,
and the unmanned aircraft systems industry.
(d) Program Alignment Report.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall submit
to the appropriate committees of Congress, a report that
describes a strategy to--
(1) avoid duplication;
(2) leverage capabilities learned across programs;
(3) support the safe integration of UAS into the national
airspace; and
(4) systematically and timely implement or execute--
(A) commercially-operated Low Altitude Authorization and
Notification Capability;
(B) the Unmanned Aircraft System Integration Pilot Program;
and
(C) the Unmanned Traffic Management Pilot Program.
SEC. 343. UNMANNED AIRCRAFT TEST RANGES.
(a) In General.--Chapter 448 of title 49, United States
Code, as added by this Act, is further amended by adding at
the end the following:
``Sec. 44803. Unmanned aircraft test ranges
``(a) In General.--The Administrator of the Federal
Aviation Administration shall carry out and update, as
appropriate, a program for the use of the test ranges to
facilitate the safe integration of unmanned aircraft systems
into the national airspace system.
``(b) Program Requirements.--In carrying out the program
under subsection (a), the Administrator shall--
[[Page H8935]]
``(1) designate airspace for safely testing the integration
of unmanned flight operations in the national airspace
system;
``(2) develop operational standards and air traffic
requirements for unmanned flight operations at test ranges;
``(3) coordinate with, and leverage the resources of, the
National Aeronautics and Space Administration and the
Department of Defense;
``(4) address both civil and public unmanned aircraft
systems;
``(5) ensure that the program is coordinated with relevant
aspects of the Next Generation Air Transportation System;
``(6) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures as it
relates to continued development of standards for integration
into the national airspace system;
``(7) engage test range operators, as necessary and within
available resources, in projects for research, development,
testing, and evaluation of unmanned aircraft systems to
facilitate the Federal Aviation Administration's development
of standards for the safe integration of unmanned aircraft
into the national airspace system, which may include
solutions for--
``(A) developing and enforcing geographic and altitude
limitations;
``(B) providing for alerts by the manufacturer of an
unmanned aircraft system regarding any hazards or limitations
on flight, including prohibition on flight as necessary;
``(C) sense and avoid capabilities;
``(D) beyond-visual-line-of-sight operations, nighttime
operations, operations over people, operation of multiple
small unmanned aircraft systems, and unmanned aircraft
systems traffic management, or other critical research
priorities; and
``(E) improving privacy protections through the use of
advances in unmanned aircraft systems technology;
``(8) coordinate periodically with all test range operators
to ensure test range operators know which data should be
collected, what procedures should be followed, and what
research would advance efforts to safely integrate unmanned
aircraft systems into the national airspace system;
``(9) streamline to the extent practicable the approval
process for test ranges when processing unmanned aircraft
certificates of waiver or authorization for operations at the
test sites;
``(10) require each test range operator to protect
proprietary technology, sensitive data, or sensitive research
of any civil or private entity when using that test range
without the need to obtain an experimental or special
airworthiness certificate;
``(11) allow test range operators to receive Federal
funding, other than from the Federal Aviation Administration,
including in-kind contributions, from test range participants
in the furtherance of research, development, and testing
objectives.
``(c) Waivers.--In carrying out this section the
Administrator may waive the requirements of section 44711 of
title 49, United States Code, including related regulations,
to the extent consistent with aviation safety.
``(d) Review of Operations by Test Range Operators.--The
operator of each test range under subsection (a) shall--
``(1) review the operations of unmanned aircraft systems
conducted at the test range, including--
``(A) ongoing or completed research; and
``(B) data regarding operations by private and public
operators; and
``(2) submit to the Administrator, in such form and manner
as specified by the Administrator, the results of the review,
including recommendations to further enable private research
and development operations at the test ranges that contribute
to the Federal Aviation Administration's safe integration of
unmanned aircraft systems into the national airspace system,
on a quarterly basis until the program terminates.
``(e) Testing.--The Secretary of Transportation may
authorize an operator of a test range described in subsection
(a) to administer testing requirements established by the
Administrator for unmanned aircraft systems operations.
``(f) Collaborative Research and Development Agreements.--
The Administrator may use the other transaction authority
under section 106(l)(6) and enter into collaborative research
and development agreements, to direct research related to
unmanned aircraft systems, including at any test range under
subsection (a), and in coordination with the Center of
Excellence for Unmanned Aircraft Systems.
``(g) Use of Center of Excellence for Unmanned Aircraft
Systems.--The Administrator, in carrying out research
necessary to implement the consensus safety standards
requirements in section 44805 shall, to the maximum extent
practicable, leverage the research and testing capacity and
capabilities of the Center of Excellence for Unmanned
Aircraft Systems and the test ranges.
``(h) Termination.--The program under this section shall
terminate on September 30, 2023.''.
(b) Table of Contents.--The table of contents for chapter
448, as added by this Act, is further amended by adding at
the end the following:
``44803. Unmanned aircraft system test ranges.''.
SEC. 344. SMALL UNMANNED AIRCRAFT IN THE ARCTIC.
(a) In General.--Chapter 448 of title 49, United States
Code, as added by this Act, is further amended by adding at
the end the following:
``Sec. 44804. Small unmanned aircraft in the Arctic
``(a) In General.--The Secretary of Transportation shall
develop a plan and initiate a process to work with relevant
Federal agencies and national and international communities
to designate permanent areas in the Arctic where small
unmanned aircraft may operate 24 hours per day for research
and commercial purposes.
``(b) Plan Contents.--The plan under subsection (a) shall
include the development of processes to facilitate the safe
operation of small unmanned aircraft beyond the visual line
of sight.
``(c) Requirements.--Each permanent area designated under
subsection (a) shall enable over-water flights from the
surface to at least 2,000 feet in altitude, with ingress and
egress routes from selected coastal launch sites.
``(d) Agreements.--To implement the plan under subsection
(a), the Secretary may enter into an agreement with relevant
national and international communities.
``(e) Aircraft Approval.--
``(1) In general.--Subject to paragraph (2), not later than
1 year after the entry into force of an agreement necessary
to effectuate the purposes of this section, the Secretary
shall work with relevant national and international
communities to establish and implement a process for
approving the use of a small unmanned aircraft in the
designated permanent areas in the Arctic without regard to
whether the small unmanned aircraft is used as a public
aircraft, a civil aircraft, or a model aircraft.
``(2) Existing process.--The Secretary may implement an
existing process to meet the requirements under paragraph
(1).''.
(b) Table of Contents.--The table of contents for chapter
448 of title 49, United States Code, as added by this Act, is
further amended by adding at the end the following:
``44804. Small unmanned aircraft in the Arctic.''.
SEC. 345. SMALL UNMANNED AIRCRAFT SAFETY STANDARDS.
(a) In General.--Chapter 448 of title 49, United States
Code, as added by this Act, is further amended by adding at
the end the following:
``Sec. 44805. Small Unmanned aircraft safety standards
``(a) FAA Process for Acceptance and Authorization.--The
Administrator of the Federal Aviation Administration shall
establish a process for--
``(1) accepting risk-based consensus safety standards
related to the design, production, and modification of small
unmanned aircraft systems;
``(2) authorizing the operation of small unmanned aircraft
system make and model designed, produced, or modified in
accordance with the consensus safety standards accepted under
paragraph (1);
``(3) authorizing a manufacturer to self-certify a small
unmanned aircraft system make or model that complies with
consensus safety standards accepted under paragraph (1); and
``(4) certifying a manufacturer of small unmanned aircraft
systems, or an employee of such manufacturer, that has
demonstrated compliance with the consensus safety standards
accepted under paragraph (1) and met any other qualifying
criteria, as determined by the Administrator, to
alternatively satisfy the requirements of paragraph (1).
``(b) Considerations.--Before accepting consensus safety
standards under subsection (a), the Administrator of the
Federal Aviation Administration shall consider the following:
``(1) Technologies or standards related to geographic
limitations, altitude limitations, and sense and avoid
capabilities.
``(2) Using performance-based requirements.
``(3) Assessing varying levels of risk posed by different
small unmanned aircraft systems and their operation and
tailoring performance-based requirements to appropriately
mitigate risk.
``(4) Predetermined action to maintain safety in the event
that a communications link between a small unmanned aircraft
and its operator is lost or compromised.
``(5) Detectability and identifiability to pilots, the
Federal Aviation Administration, and air traffic controllers,
as appropriate.
``(6) Means to prevent tampering with or modification of
any system, limitation, or other safety mechanism or standard
under this section or any other provision of law, including a
means to identify any tampering or modification that has been
made.
``(7) Consensus identification standards under section 2202
of the FAA Extension, Safety, and Security Act of 2016
(Public Law 114-190; 130 Stat. 615).
``(8) To the extent not considered previously by the
consensus body that crafted consensus safety standards, cost-
benefit and risk analyses of consensus safety standards that
may be accepted pursuant to subsection (a) for newly designed
small unmanned aircraft systems.
``(9) Applicability of consensus safety standards to small
unmanned aircraft systems that are not manufactured
commercially.
``(10) Any technology or standard related to small unmanned
aircraft systems that promotes aviation safety.
[[Page H8936]]
``(11) Any category of unmanned aircraft systems that
should be exempt from the consensus safety standards based on
risk factors.
``(e) Nonapplicability of Other Laws.--The process for
authorizing the operation of small unmanned aircraft systems
under subsection (a) may allow for operation of any
applicable small unmanned aircraft systems within the
national airspace system without requiring--
``(1) airworthiness certification requirements under
section 44704 of this title; or
``(2) type certification under part 21 of title 14, Code of
Federal Regulations.
``(f) Revocation.--The Administrator may suspend or revoke
the authorizations in subsection (a) if the Administrator
determines that the manufacturer or the small unmanned
aircraft system is no longer in compliance with the standards
accepted by the Administrator under subsection (a)(1) or with
the manufacturer's statement of compliance under subsection
(h).
``(g) Requirements.--With regard to an authorization under
the processes in subsection (a), the Administrator may
require a manufacturer of small unmanned aircraft systems to
provide the Federal Aviation Administration with the
following:
``(1) The aircraft system's operating instructions.
``(2) The aircraft system's recommended maintenance and
inspection procedures.
``(3) The manufacturer's statement of compliance described
in subsection (h).
``(4) Upon request, a sample aircraft to be inspected by
the Federal Aviation Administration to ensure compliance with
the consensus safety standards accepted by the Administrator
under subsection (a).
``(h) Manufacturer's Statement of Compliance for Small
UAS.--A manufacturer's statement of compliance shall--
``(1) identify the aircraft make, model, range of serial
numbers, and any applicable consensus safety standards used
and accepted by the Administrator;
``(2) state that the aircraft make and model meets the
provisions of the consensus safety standards identified in
paragraph (1);
``(3) state that the aircraft make and model conforms to
the manufacturer's design data and is manufactured in a way
that ensures consistency across units in the production
process in order to meet the applicable consensus safety
standards accepted by the Administrator;
``(4) state that the manufacturer will make available to
the Administrator, operators, or customers--
``(A) the aircraft's operating instructions, which conform
to the consensus safety standards identified in paragraph
(1); and
``(B) the aircraft's recommended maintenance and inspection
procedures, which conform to the consensus safety standards
identified in paragraph (1);
``(5) state that the manufacturer will monitor safety-of-
flight issues and take action to ensure it meets the
consensus safety standards identified in paragraph (1) and
report these issues and subsequent actions to the
Administrator;
``(6) state that at the request of the Administrator, the
manufacturer will provide reasonable access for the
Administrator to its facilities for the purposes of
overseeing compliance with this section; and
``(7) state that the manufacturer, in accordance with the
consensus safety standards accepted by the Federal Aviation
Administration, has--
``(A) ground and flight tested random samples of the
aircraft;
``(B) found the sample aircraft performance acceptable; and
``(C) determined that the make and model of aircraft is
suitable for safe operation.
``(i) Prohibitions.--
``(1) False statements of compliance.--It shall be unlawful
for any person to knowingly submit a statement of compliance
described in subsection (h) that is fraudulent or
intentionally false.
``(2) Introduction into interstate commerce.--Unless the
Administrator determines operation of an unmanned aircraft
system may be conducted without an airworthiness certificate
or permission, authorization, or approval under subsection
(a), it shall be unlawful for any person to knowingly
introduce or deliver for introduction into interstate
commerce any small unmanned aircraft system that is
manufactured after the date that the Administrator accepts
consensus safety standards under this section unless--
``(A) the make and model has been authorized for operation
under subsection (a); or
``(B) the aircraft has alternatively received design and
production approval issued by the Federal Aviation
Administration.
``(j) Exclusions.--The Administrator may exempt from the
requirements of this section small unmanned aircraft systems
that are not capable of navigating beyond the visual line of
sight of the operator through advanced flight systems and
technology, if the Administrator determines that such an
exemption does not pose a risk to the safety of the national
airspace system.''.
(b) Unmanned Aircraft Systems Research Facility.--The
Center of Excellence for Unmanned Aircraft Systems shall
establish an unmanned aircraft systems research facility to
study appropriate safety standards for unmanned aircraft
systems and to validate such standards, as directed by the
Administrator of the Federal Aviation Administration,
consistent with section 44805 of title 49, United States
Code, as added by this section.
(c) Table of Contents.--The table of contents for chapter
448 of title 49, United States Code, as added by this Act, is
further amended by adding at the end the following:
``44805. Small unmanned aircraft safety standards.''.
SEC. 346. PUBLIC UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States
Code, as added by this Act, is further amended by adding at
the end the following:
``Sec. 44806. Public unmanned aircraft systems
``(a) Guidance.--The Secretary of Transportation shall
issue guidance regarding the operation of a public unmanned
aircraft system--
``(1) to streamline and expedite the process for the
issuance of a certificate of authorization or a certificate
of waiver;
``(2) to facilitate the capability of public agencies to
develop and use test ranges, subject to operating
restrictions required by the Federal Aviation Administration,
to test and operate public unmanned aircraft systems; and
``(3) to provide guidance on a public agency's
responsibilities when operating an unmanned aircraft without
a civil airworthiness certificate issued by the
Administration.
``(b) Agreements With Government Agencies.--
``(1) In general.--The Secretary shall enter into an
agreement with each appropriate public agency to simplify the
process for issuing a certificate of waiver or a certificate
of authorization with respect to an application for
authorization to operate a public unmanned aircraft system in
the national airspace system.
``(2) Contents.--An agreement under paragraph (1) shall--
``(A) with respect to an application described in paragraph
(1)--
``(i) provide for an expedited review of the application;
``(ii) require a decision by the Administrator on approval
or disapproval not later than 60 business days after the date
of submission of the application; and
``(iii) allow for an expedited appeal if the application is
disapproved;
``(B) allow for a one-time approval of similar operations
carried out during a fixed period of time; and
``(C) allow a government public safety agency to operate an
unmanned aircraft weighing 4.4 pounds or less if that
unmanned aircraft is operated--
``(i) within or beyond the visual line of sight of the
operator;
``(ii) less than 400 feet above the ground;
``(iii) during daylight conditions;
``(iv) within Class G airspace; and
``(v) outside of 5 statute miles from any airport,
heliport, seaplane base, spaceport, or other location with
aviation activities.
``(c) Public Actively Tethered Unmanned Aircraft Systems.--
``(1) In general.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall permit the use of, and may
issue guidance regarding, the use of public actively tethered
unmanned aircraft systems that are--
``(A) operated at an altitude of less than 150 feet above
ground level;
``(B) operated--
``(i) within class G airspace; or
``(ii) at or below the ceiling depicted on the Federal
Aviation Administration's published UAS facility maps for
class B, C, D, or E surface area airspace;
``(C) not flown directly over non-participating persons;
``(D) operated within visual line of sight of the operator;
and
``(E) operated in a manner that does not interfere with and
gives way to any other aircraft.
``(2) Requirements.--Public actively tethered unmanned
aircraft systems may be operated --
``(A) without any requirement to obtain a certificate of
authorization, certificate of waiver, or other approval by
the Federal Aviation Administration;
``(B) without requiring airman certification under section
44703 of this title or any rule or regulation relating to
airman certification; and
``(C) without requiring airworthiness certification under
section 44704 of this title or any rule or regulation
relating to aircraft certification.
``(3) Safety standards.--Public actively tethered unmanned
aircraft systems operated within the scope of the guidance
issued pursuant to paragraph (1) shall be exempt from the
requirements of section 44805 of this title.
``(4) Savings provision.--Nothing in this subsection shall
be construed to preclude the Administrator of the Federal
Aviation Administration from issuing new regulations for
public actively tethered unmanned aircraft systems in order
to ensure the safety of the national airspace system.
``(d) Federal Agency Coordination to Enhance the Public
Health and Safety Capabilities of Public Unmanned Aircraft
Systems.--The Administrator shall assist Federal civilian
Government agencies that operate unmanned aircraft systems
within civil-
[[Page H8937]]
controlled airspace, in operationally deploying and
integrating sense and avoid capabilities, as necessary to
operate unmanned aircraft systems safely within the national
airspace system.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448 of title 49, United States Code, as added by this Act, is
further amended by adding at the end the following:
``44806. Public unmanned aircraft systems.''.
(2) Public unmanned aircraft systems.--Section 334 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note) and the item relating to that section in the table of
contents under section 1(b) of that Act (126 Stat. 13) are
repealed.
(3) Facilitating interagency cooperation.--Section 2204(a)
of the FAA Extension, Safety, and Security Act of 2016
(Public Law 114-190; 130 Stat. 615) is amended by striking
``section 334(c) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note)'' and inserting ``section 44806
of title 49, United States Code''.
SEC. 347. SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States
Code, as added by this Act, is further amended by adding at
the end the following:
``Sec. 44807. Special authority for certain unmanned aircraft
systems
``(a) In General.--Notwithstanding any other requirement of
this chapter, the Secretary of Transportation shall use a
risk-based approach to determine if certain unmanned aircraft
systems may operate safely in the national airspace system
notwithstanding completion of the comprehensive plan and
rulemaking required by section 44802 or the guidance required
by section 44806.
``(b) Assessment of Unmanned Aircraft Systems.--In making
the determination under subsection (a), the Secretary shall
determine, at a minimum--
``(1) which types of unmanned aircraft systems, if any, as
a result of their size, weight, speed, operational
capability, proximity to airports and populated areas,
operation over people, and operation within or beyond the
visual line of sight, or operation during the day or night,
do not create a hazard to users of the national airspace
system or the public; and
``(2) whether a certificate under section 44703 or section
44704 of this title, or a certificate of waiver or
certificate of authorization, is required for the operation
of unmanned aircraft systems identified under paragraph (1)
of this subsection.
``(c) Requirements for Safe Operation.--If the Secretary
determines under this section that certain unmanned aircraft
systems may operate safely in the national airspace system,
the Secretary shall establish requirements for the safe
operation of such aircraft systems in the national airspace
system, including operation related to research, development,
and testing of proprietary systems.
``(d) Sunset.--The authority under this section for the
Secretary to determine if certain unmanned aircraft systems
may operate safely in the national airspace system terminates
effective September 30, 2023.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as added by this Act, is further amended by adding at
the end the following:
``44807. Special authority for certain unmanned aircraft systems.''.
(2) Special rules for certain unmanned aircraft systems.--
Section 333 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note) and the item relating to that section
in the table of contents under section 1(b) of that Act (126
Stat. 13) are repealed.
SEC. 348. CARRIAGE OF PROPERTY BY SMALL UNMANNED AIRCRAFT
SYSTEMS FOR COMPENSATION OR HIRE.
(a) In General.--Chapter 448 of title 49, United States
Code, as added by this Act, is further amended by adding at
the end the following:
``Sec. 44808. Carriage of property by small unmanned aircraft
systems for compensation or hire
``(a) In General.--Not later than 1 year after the date of
enactment of the FAA Reauthorization Act of 2018, the
Administrator of the Federal Aviation Administration shall
update existing regulations to authorize the carriage of
property by operators of small unmanned aircraft systems for
compensation or hire within the United States.
``(b) Contents.--Any rulemaking conducted under subsection
(a) shall provide for the following:
``(1) Use performance-based requirements.
``(2) Consider varying levels of risk to other aircraft and
to persons and property on the ground posed by different
unmanned aircraft systems and their operation and tailor
performance-based requirements to appropriately mitigate
risk.
``(3) Consider the unique characteristics of highly
automated, small unmanned aircraft systems.
``(4) Include requirements for the safe operation of small
unmanned aircraft systems that, at a minimum, address--
``(A) airworthiness of small unmanned aircraft systems;
``(B) qualifications for operators and the type and nature
of the operations;
``(C) operating specifications governing the type and
nature of the unmanned aircraft system air carrier
operations; and
``(D) the views of State, local, and tribal officials
related to potential impacts of the carriage of property by
operators of small unmanned aircraft systems for compensation
or hire within the communities to be served.
``(5) Small uas.--The Secretary may amend part 298 of title
14, Code of Federal Regulations, to update existing
regulations to establish economic authority for the carriage
of property by small unmanned aircraft systems for
compensation or hire. Such authority shall only require--
``(A) registration with the Department of Transportation;
``(B) authorization from the Federal Aviation
Administration to conduct operations; and
``(C) compliance with chapters 401, 411, and 417.
``(6) Availability of current certification processes.--
Pending completion of the rulemaking required in subsection
(a) of this section, a person may seek an air carrier
operating certificate and certificate of public convenience
and necessity, or an exemption from such certificate, using
existing processes.''.
(b) Table of Contents.--The table of contents for chapter
448 of title 49, United States Code, as added by this Act, is
further amended by adding at the end the following:
``44808. Carriage of property by small unmanned aircraft systems for
compensation or hire.''.
SEC. 349. EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS OF
UNMANNED AIRCRAFT.
(a) In General.--Chapter 448 of title 49, United States
Code, as added by this Act, is further amended by adding at
the end the following:
``Sec. 44809. Exception for limited recreational operations
of unmanned aircraft
``(a) In General.--Except as provided in subsection (e),
and notwithstanding chapter 447 of title 49, United States
Code, a person may operate a small unmanned aircraft without
specific certification or operating authority from the
Federal Aviation Administration if the operation adheres to
all of the following limitations:
``(1) The aircraft is flown strictly for recreational
purposes.
``(2) The aircraft is operated in accordance with or within
the programming of a community-based organization's set of
safety guidelines that are developed in coordination with the
Federal Aviation Administration.
``(3) The aircraft is flown within the visual line of sight
of the person operating the aircraft or a visual observer co-
located and in direct communication with the operator.
``(4) The aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft.
``(5) In Class B, Class C, or Class D airspace or within
the lateral boundaries of the surface area of Class E
airspace designated for an airport, the operator obtains
prior authorization from the Administrator or designee before
operating and complies with all airspace restrictions and
prohibitions.
``(6) In Class G airspace, the aircraft is flown from the
surface to not more than 400 feet above ground level and
complies with all airspace restrictions and prohibitions.
``(7) The operator has passed an aeronautical knowledge and
safety test described in subsection (g) and maintains proof
of test passage to be made available to the Administrator or
law enforcement upon request.
``(8) The aircraft is registered and marked in accordance
with chapter 441 of this title and proof of registration is
made available to the Administrator or a designee of the
Administrator or law enforcement upon request.
``(b) Other Operations.--Unmanned aircraft operations that
do not conform to the limitations in subsection (a) must
comply with all statutes and regulations generally applicable
to unmanned aircraft and unmanned aircraft systems.
``(c) Operations at Fixed Sites.--
``(1) Operating procedure required.--Persons operating
unmanned aircraft under subsection (a) from a fixed site
within Class B, Class C, or Class D airspace or within the
lateral boundaries of the surface area of Class E airspace
designated for an airport, or a community-based organization
conducting a sanctioned event within such airspace, shall
make the location of the fixed site known to the
Administrator and shall establish a mutually agreed upon
operating procedure with the air traffic control facility.
``(2) Unmanned aircraft weighing more than 55 pounds.--A
person may operate an unmanned aircraft weighing more than 55
pounds, including the weight of anything attached to or
carried by the aircraft, under subsection (a) if--
``(A) the unmanned aircraft complies with standards and
limitations developed by a community-based organization and
approved by the Administrator; and
``(B) the aircraft is operated from a fixed site as
described in paragraph (1).
``(d) Updates.--
``(1) In general.--The Administrator, in consultation with
government, stakeholders, and community-based organizations,
shall initiate a process to periodically update the
operational parameters under subsection (a), as appropriate.
``(2) Considerations.--In updating an operational parameter
under paragraph (1), the Administrator shall consider--
[[Page H8938]]
``(A) appropriate operational limitations to mitigate risks
to aviation safety and national security, including risk to
the uninvolved public and critical infrastructure;
``(B) operations outside the membership, guidelines, and
programming of a community-based organization;
``(C) physical characteristics, technical standards, and
classes of aircraft operating under this section;
``(D) trends in use, enforcement, or incidents involving
unmanned aircraft systems;
``(E) ensuring, to the greatest extent practicable, that
updates to the operational parameters correspond to, and
leverage, advances in technology; and
``(F) equipage requirements that facilitate safe,
efficient, and secure operations and further integrate all
unmanned aircraft into the national airspace system.
``(3) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require a person operating an unmanned aircraft under this
section to seek permissive authority of the Administrator,
beyond that required in subsection (a) of this section, prior
to operation in the national airspace system.
``(e) Statutory Construction.--Nothing in this section
shall be construed to limit the authority of the
Administrator to pursue an enforcement action against a
person operating any unmanned aircraft who endangers the
safety of the national airspace system.
``(f) Exceptions.--Nothing in this section prohibits the
Administrator from promulgating rules generally applicable to
unmanned aircraft, including those unmanned aircraft eligible
for the exception set forth in this section, relating to--
``(1) updates to the operational parameters for unmanned
aircraft in subsection (a);
``(2) the registration and marking of unmanned aircraft;
``(3) the standards for remotely identifying owners and
operators of unmanned aircraft systems and associated
unmanned aircraft; and
``(4) other standards consistent with maintaining the
safety and security of the national airspace system.
``(g) Aeronautical Knowledge and Safety Test.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator, in
consultation with manufacturers of unmanned aircraft systems,
other industry stakeholders, and community-based
organizations, shall develop an aeronautical knowledge and
safety test, which can then be administered electronically by
the Administrator, a community-based organization, or a
person designated by the Administrator.
``(2) Requirements.--The Administrator shall ensure the
aeronautical knowledge and safety test is designed to
adequately demonstrate an operator's--
``(A) understanding of aeronautical safety knowledge; and
``(B) knowledge of Federal Aviation Administration
regulations and requirements pertaining to the operation of
an unmanned aircraft system in the national airspace system.
``(h) Community-based Organization Defined.--In this
section, the term `community-based organization' means a
membership-based association entity that--
``(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986;
``(2) is exempt from tax under section 501(a) of the
Internal Revenue Code of 1986;
``(3) the mission of which is demonstrably the furtherance
of model aviation;
``(4) provides a comprehensive set of safety guidelines for
all aspects of model aviation addressing the assembly and
operation of model aircraft and that emphasize safe
aeromodelling operations within the national airspace system
and the protection and safety of individuals and property on
the ground, and may provide a comprehensive set of safety
rules and programming for the operation of unmanned aircraft
that have the advanced flight capabilities enabling active,
sustained, and controlled navigation of the aircraft beyond
visual line of sight of the operator;
``(5) provides programming and support for any local
charter organizations, affiliates, or clubs; and
``(6) provides assistance and support in the development
and operation of locally designated model aircraft flying
sites.
``(i) Recognition of Community-based Organizations.--In
collaboration with aeromodelling stakeholders, the
Administrator shall publish an advisory circular within 180
days of the date of enactment of this section that identifies
the criteria and process required for recognition of
community-based organizations.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448 of title 49, United States Code, as added by this Act, is
further amended by adding at the end the following:
``44809. Exception for limited recreational operations of unmanned
aircraft.''.
(2) Repeal.--Section 336 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note) and the item
relating to that section in the table of contents under
section 1(b) of that Act are repealed.
SEC. 350. USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTITUTIONS OF
HIGHER EDUCATION.
(a) Educational and Research Purposes.--For the purposes of
section 44809 of title 49, United States Code, as added by
this Act, a ``recreational purpose'' as distinguished in
subsection (a)(1) of such section shall include an unmanned
aircraft system operated by an institution of higher
education for educational or research purposes.
(b) Updates.--In updating an operational parameter under
subsection (d)(1) of such section for unmanned aircraft
systems operated by an institution of higher education for
educational or research purposes, the Administrator shall
consider--
(1) use of small unmanned aircraft systems and operations
at an accredited institution of higher education, for
educational or research purposes, as a component of the
institution's curricula or research;
(2) the development of streamlined, risk-based operational
approval for unmanned aircraft systems operated by
institutions of higher education; and
(3) the airspace and aircraft operators that may be
affected by such operations at the institution of higher
education.
(c) Deadline for Establishment of Procedures and
Standards.--Not later than 270 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration may establish regulations,
procedures, and standards, as necessary, to facilitate the
safe operation of unmanned aircraft systems operated by
institutions of higher education for educational or research
purposes.
(d) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given to
that term by section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(2) Educational or research purposes.--The term ``education
or research purposes'', with respect to the operation of an
unmanned aircraft system by an institution of higher
education, includes--
(A) instruction of students at the institution;
(B) academic or research related uses of unmanned aircraft
systems that have been approved by the institution, including
Federal research;
(C) activities undertaken by the institution as part of
research projects, including research projects sponsored by
the Federal Government; and
(D) other academic activities approved by the institution.
(e) Statutory Construction.--
(1) Enforcement.--Nothing in this section shall be
construed to limit the authority of the Administrator to
pursue an enforcement action against a person operating any
unmanned aircraft who endangers the safety of the national
airspace system.
(2) Regulations and standards.--Nothing in this section
prohibits the Administrator from promulgating any rules or
standards consistent with maintaining the safety and security
of the national airspace system.
SEC. 351. UNMANNED AIRCRAFT SYSTEMS INTEGRATION PILOT
PROGRAM.
(a) Authority.--The Secretary of Transportation may
establish a pilot program to enable enhanced drone operations
as required in the October 25, 2017 Presidential Memorandum
entitled ``Unmanned Aircraft Systems Integration Pilot
Program'' and described in 82 Federal Register 50301.
(b) Applications.--The Secretary shall accept applications
from State, local, and Tribal governments, in partnership
with unmanned aircraft system operators and other private-
sector stakeholders, to test and evaluate the integration of
civil and public UAS operations into the low-altitude
national airspace system.
(c) Objectives.--The purpose of the pilot program is to
accelerate existing UAS integration plans by working to solve
technical, regulatory, and policy challenges, while enabling
advanced UAS operations in select areas subject to ongoing
safety oversight and cooperation between the Federal
Government and applicable State, local, or Tribal
jurisdictions, in order to--
(1) accelerate the safe integration of UAS into the NAS by
testing and validating new concepts of beyond visual line of
sight operations in a controlled environment, focusing on
detect and avoid technologies, command and control links,
navigation, weather, and human factors;
(2) address ongoing concerns regarding the potential
security and safety risks associated with UAS operating in
close proximity to human beings and critical infrastructure
by ensuring that operators communicate more effectively with
Federal, State, local, and Tribal law enforcement to enable
law enforcement to determine if a UAS operation poses such a
risk;
(3) promote innovation in and development of the United
States unmanned aviation industry, especially in sectors such
as agriculture, emergency management, inspection, and
transportation safety, in which there are significant public
benefits to be gained from the deployment of UAS; and
(4) identify the most effective models of balancing local
and national interests in UAS integration.
(d) Application Submission.--The Secretary shall establish
application requirements and require applicants to include
the following information:
(1) Identification of the airspace to be used, including
shape files and altitudes.
(2) Description of the types of planned operations.
(3) Identification of stakeholder partners to test and
evaluate planned operations.
[[Page H8939]]
(4) Identification of available infrastructure to support
planned operations.
(5) Description of experience with UAS operations and
regulations.
(6) Description of existing UAS operator and any other
stakeholder partnerships and experience.
(7) Description of plans to address safety, security,
competition, privacy concerns, and community outreach.
(e) Monitoring and Enforcement of Limitations.--
(1) In general.--Monitoring and enforcement of any
limitations enacted pursuant to this pilot project shall be
the responsibility of the jurisdiction.
(2) Savings provision.--Nothing in paragraph (1) may be
construed to prevent the Secretary from enforcing Federal
law.
(3) Examples of limitations.--Limitations under this
section may include--
(A) prohibiting flight during specified morning and evening
rush hours or only permitting flight during specified hours
such as daylight hours, sufficient to ensure reasonable
airspace access;
(B) establishing designated take-off and landing zones,
limiting operations over moving locations or fixed site
public road and parks, sidewalks or private property based on
zoning density, or other land use considerations;
(C) requiring notice to public safety or zoning or land use
authorities before operating; and
(D) prohibiting operations in connection with community or
sporting events that do not remain in one place (for example,
parades and running events).
(f) Selection Criteria.--In making determinations, the
Secretary shall evaluate whether applications meet or exceed
the following criteria:
(1) Overall economic, geographic, and climatic diversity of
the selected jurisdictions.
(2) Overall diversity of the proposed models of government
involvement.
(3) Overall diversity of the UAS operations to be
conducted.
(4) The location of critical infrastructure.
(5) The involvement of commercial entities in the proposal
and their ability to advance objectives that may serve the
public interest as a result of further integration of UAS
into the NAS.
(6) The involvement of affected communities in, and their
support for, participating in the pilot program.
(7) The commitment of the governments and UAS operators
involved in the proposal to comply with requirements related
to national defense, homeland security, and public safety and
to address competition, privacy, and civil liberties
concerns.
(8) The commitment of the governments and UAS operators
involved in the proposal to achieve the following policy
objectives:
(A) Promoting innovation and economic development.
(B) Enhancing transportation safety.
(C) Enhancing workplace safety.
(D) Improving emergency response and search and rescue
functions.
(E) Using radio spectrum efficiently and competitively.
(g) Implementation.--The Secretary shall use the data
collected and experience gained over the course of this pilot
program to--
(1) identify and resolve technical challenges to UAS
integration;
(2) address airspace use to safely and efficiently
integrate all aircraft;
(3) inform operational standards and procedures to improve
safety (for example, detect and avoid capabilities,
navigation and altitude performance, and command and control
link);
(4) inform FAA standards that reduce the need for waivers
(for example, for operations over human beings, night
operations, and beyond visual line of sight); and
(5) address competing interests regarding UAS operational
expansion, safety, security, roles and responsibilities of
non-Federal Government entities, and privacy issues.
(h) Notification.--Prior to initiating any additional
rounds of agreements with State, local, or Tribal governments
as part of the pilot program established under subsection
(a), the Secretary shall notify the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations in the Senate.
(i) Sunset.--The pilot program established under subsection
(a) shall terminate 3 years after the date on which the
memorandum referenced in subsection (a) is signed by the
President.
(j) Savings Clause.-- Nothing in this section shall affect
any proposals, selections, imposition of conditions,
operations, or other decisions made--
(1) under the pilot program developed by the Secretary of
Transportation pursuant to the Presidential memorandum titled
``Unmanned Aircraft Systems Integration Pilot Program'', as
published in the Federal Register on October 30, 2017 (82
Fed. Reg. 50301); and
(2) prior to the date of enactment of this Act.
(k) Definitions.--In this section:
(1) The term ``Lead Applicant'' means an eligible State,
local or Tribal government that has submitted a timely
application.
(2) The term ``NAS'' means the low-altitude national
airspace system.
(3) The term ``UAS'' means unmanned aircraft system.
SEC. 352. PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVEMENTS.
(a) Transparency.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall publish on the
FAA website a representative sample of the safety
justifications, offered by applicants for small unmanned
aircraft system waivers and airspace authorizations, that
have been approved by the Administration for each regulation
waived or class of airspace authorized, except that any
published justification shall not reveal proprietary or
commercially sensitive information.
(b) Technology Improvements.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
revise the online waiver and certificates of authorization
processes--
(1) to provide real time confirmation that an application
filed online has been received by the Administration; and
(2) to provide an applicant with an opportunity to review
the status of the applicant's application.
SEC. 353. EMERGENCY EXEMPTION PROCESS.
(a) Sense of Congress.--It is the sense of Congress that
the use of unmanned aircraft systems by civil and public
operators--
(1) is an increasingly important tool in response to a
catastrophe, disaster, or other emergency;
(2) helps facilitate emergency response operations, such as
firefighting and search and rescue; and
(3) helps facilitate post-catastrophic response operations,
such as utility and infrastructure restoration efforts and
the safe and prompt processing, adjustment, and payment of
insurance claims.
(b) Updates.--The Administrator shall, as necessary, update
and improve the Special Government Interest process described
in chapter 7 of Federal Aviation Administration Order JO
7200.23A to ensure that civil and public operators, including
local law enforcement agencies and first responders, continue
to use unmanned aircraft system operations quickly and
efficiently in response to a catastrophe, disaster, or other
emergency.
(c) Best Practices.--The Administrator shall develop best
practices for the use of unmanned aircraft systems by States
and localities to respond to a catastrophe, disaster, or
other emergency response and recovery operation.
SEC. 354. TREATMENT OF UNMANNED AIRCRAFT OPERATING
UNDERGROUND.
An unmanned aircraft system that is operated underground
for mining purposes shall not be subject to regulation or
enforcement by the FAA under title 49, United States Code.
SEC. 355. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.
(a) Public UAS Operations by Tribal Governments.--Section
40102(a)(41) of title 49, United States Code, is amended by
adding at the end the following:
``(F) An unmanned aircraft that is owned and operated by,
or exclusively leased for at least 90 continuous days by, an
Indian Tribal government, as defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122), except as provided in section
40125(b).''.
(b) Conforming Amendment.--Section 40125(b) of title 49,
United States Code, is amended by striking ``or (D)'' and
inserting ``(D), or (F)''.
SEC. 356. AUTHORIZATION OF APPROPRIATIONS FOR KNOW BEFORE YOU
FLY CAMPAIGN.
There are authorized to be appropriated to the
Administrator of the Federal Aviation Administration
$1,000,000 for each of fiscal years 2019 through 2023, out of
funds made available under section 106(k), for the Know
Before You Fly educational campaign or similar public
informational efforts intended to broaden unmanned aircraft
systems safety awareness.
SEC. 357. UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY.
It is the policy of the United States that the operation of
any unmanned aircraft or unmanned aircraft system shall be
carried out in a manner that respects and protects personal
privacy consistent with the United States Constitution and
Federal, State, and local law.
SEC. 358. UAS PRIVACY REVIEW.
(a) Review.--The Comptroller General of the United States,
in consideration of relevant efforts led by the National
Telecommunications and Information Administration, shall
carry out a review of the privacy issues and concerns
associated with the operation of unmanned aircraft systems in
the national airspace system.
(b) Consultation.--In carrying out the review, the
Comptroller General shall--
(1) consult with the Department of Transportation and the
National Telecommunications and Information Administration of
the Department of Commerce on its ongoing efforts responsive
to the Presidential memorandum titled ``Promoting Economic
Competitiveness While Safeguarding Privacy, Civil Rights, and
Civil Liberties in Domestic Use of Unmanned Aircraft
Systems'' and dated February 15, 2015;
(2) examine and identify the existing Federal, State, or
relevant local laws that address an individual's personal
privacy;
(3) identify specific issues and concerns that may limit
the availability of civil or criminal legal remedies
regarding inappropriate operation of unmanned aircraft
systems in the national airspace system;
[[Page H8940]]
(4) identify any deficiencies in Federal, State, or local
privacy protections; and
(5) provide recommendations to address any limitations and
deficiencies identified in paragraphs (3) and (4).
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the results of
the review required under subsection (a).
SEC. 359. STUDY ON FIRE DEPARTMENT AND EMERGENCY SERVICE
AGENCY USE OF UNMANNED AIRCRAFT SYSTEMS.
(a) Study.--
(1) In general.--The Administrator shall conduct a study on
the use of unmanned aircraft systems by fire departments and
emergency service agencies. Such study shall include an
analysis of--
(A) how fire departments and emergency service agencies
currently use unmanned aircraft systems;
(B) obstacles to greater use of unmanned aircraft systems
by fire departments and emergency service agencies;
(C) the best way to provide outreach to support greater use
of unmanned aircraft systems by fire departments and
emergency service agencies;
(D) laws or regulations that present barriers to career,
combination, and volunteer fire departments' ability to use
unmanned aircraft systems;
(E) training and certifications required for the use of
unmanned aircraft systems by fire departments and emergency
service agencies;
(F) airspace limitations and concerns in the use of
unmanned aircraft systems by fire departments and emergency
service agencies;
(G) roles of unmanned aircraft systems in the provision of
fire and emergency services;
(H) technological challenges to greater adoption of
unmanned aircraft systems by fire departments and emergency
service agencies; and
(I) other issues determined appropriate by the
Administrator.
(2) Consultation.--In conducting the study under paragraph
(1), the Administrator shall consult with national fire and
emergency service organizations.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the study
conducted under subsection (a), including the Administrator's
findings, conclusions, and recommendations.
SEC. 360. STUDY ON FINANCING OF UNMANNED AIRCRAFT SERVICES.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study on appropriate fee mechanisms
to recover the costs of--
(1) the regulation and safety oversight of unmanned
aircraft and unmanned aircraft systems; and
(2) the provision of air navigation services to unmanned
aircraft and unmanned aircraft systems.
(b) Considerations.--In carrying out the study, the
Comptroller General shall consider, at a minimum--
(1) any recommendations of Task Group 3 of the Drone
Advisory Committee chartered by the Federal Aviation
Administration on August 31, 2016;
(2) the total annual costs incurred by the Federal Aviation
Administration for the regulation and safety oversight of
activities related to unmanned aircraft;
(3) the annual costs attributable to various types,
classes, and categories of unmanned aircraft activities;
(4) air traffic services provided to unmanned aircraft
operating under instrument flight rules, excluding public
aircraft;
(5) the number of full-time Federal Aviation Administration
employees dedicated to unmanned aircraft programs;
(6) the use of privately operated UTM and other privately
operated unmanned aircraft systems;
(7) the projected growth of unmanned aircraft operations
for various applications and the estimated need for
regulation, oversight, and other services;
(8) the number of small businesses involved in the various
sectors of the unmanned aircraft industry and operating as
primary users of unmanned aircraft; and
(9) any best practices or policies utilized by
jurisdictions outside the United States relating to partial
or total recovery of regulation and safety oversight costs
related to unmanned aircraft and other emergent technologies.
(c) Report to Congress.--Not later than 180 days after
initiating the study, the Comptroller General shall submit to
the appropriate committees of Congress a report containing
recommendations on appropriate fee mechanisms to recover the
costs of regulating and providing air navigation services to
unmanned aircraft and unmanned aircraft systems.
SEC. 361. REPORT ON UAS AND CHEMICAL AERIAL APPLICATION.
Not later than 1 year after the date of enactment of this
Act, the Administrator shall submit to the appropriate
committees of Congress a report evaluating which aviation
safety requirements under part 137 of title 14, Code of
Federal Regulations, should apply to unmanned aircraft system
operations engaged in aerial spraying of chemicals for
agricultural purposes.
SEC. 362. SENSE OF CONGRESS REGARDING UNMANNED AIRCRAFT
SAFETY.
It is the sense of Congress that--
(1) the unauthorized operation of unmanned aircraft near
airports presents a serious hazard to aviation safety;
(2) a collision between an unmanned aircraft and a
conventional aircraft in flight could jeopardize the safety
of persons aboard the aircraft and on the ground;
(3) Federal aviation regulations, including sections 91.126
through 91.131 of title 14, Code of Federal Regulations,
prohibit unauthorized operation of an aircraft in controlled
airspace near an airport;
(4) Federal aviation regulations, including section 91.13
of title 14, Code of Federal Regulations, prohibit the
operation of an aircraft in a careless or reckless manner so
as to endanger the life or property of another;
(5) the Administrator should pursue all available civil and
administrative remedies available to the Administrator,
including referrals to other government agencies for criminal
investigations, with respect to persons who operate unmanned
aircraft in an unauthorized manner;
(6) the Administrator should--
(A) place particular priority in continuing measures,
including partnering with nongovernmental organizations and
State and local agencies, to educate the public about the
dangers to public safety of operating unmanned aircraft over
areas that have temporary flight restrictions in place, for
purposes such as wildfires, without appropriate
authorization; and
(B) partner with State and local agencies to effectively
enforce relevant laws so that unmanned aircrafts do not
interfere with the efforts of emergency responders;
(7) the Administrator should place particular priority on
continuing measures, including partnerships with
nongovernmental organizations, to educate the public about
the dangers to the public safety of operating unmanned
aircraft near airports without the appropriate approvals or
authorizations; and
(8) manufacturers and retail sellers of small unmanned
aircraft systems should take steps to educate consumers about
the safe and lawful operation of such systems.
SEC. 363. PROHIBITION REGARDING WEAPONS.
(a) In General.--Unless authorized by the Administrator, a
person may not operate an unmanned aircraft or unmanned
aircraft system that is equipped or armed with a dangerous
weapon.
(b) Dangerous Weapon Defined.--In this section, the term
``dangerous weapon'' has the meaning given that term in
section 930(g)(2) of title 18, United States Code.
(c) Penalty.--A person who violates this section is liable
to the United States Government for a civil penalty of not
more than $25,000 for each violation.
SEC. 364. U.S. COUNTER-UAS SYSTEM REVIEW OF INTERAGENCY
COORDINATION PROCESSES.
(a) In General.--Not later than 60 days after that date of
enactment of this Act, the Administrator, in consultation
with government agencies currently authorized to operate
Counter-Unmanned Aircraft System (C-UAS) systems within the
United States (including the territories and possessions of
the United States), shall initiate a review of the following:
(1) The process the Administration is using for interagency
coordination of C-UAS activity pursuant to a relevant Federal
statute authorizing such activity within the United States
(including the territories and possessions of the United
States).
(2) The standards the Administration is utilizing for
operation of a C-UAS systems pursuant to a relevant Federal
statute authorizing such activity within the United States
(including the territories and possessions of the United
States), including whether the following criteria are being
taken into consideration in the development of the standards:
(A) Safety of the national airspace.
(B) Protecting individuals and property on the ground.
(C) Non-interference with avionics of manned aircraft, and
unmanned aircraft, operating legally in the national
airspace.
(D) Non-interference with air traffic control systems.
(E) Adequate coordination procedures and protocols with the
Federal Aviation Administration during the operation of C-UAS
systems.
(F) Adequate training for personnel operating C-UAS
systems.
(G) Assessment of the efficiency and effectiveness of the
coordination and review processes to ensure national airspace
safety while minimizing bureaucracy.
(H) Best practices for the consistent operation of C-UAS
systems to the maximum extent practicable.
(I) Current airspace authorization information shared by
automated approval processes for airspace authorizations,
such as the Low Altitude Authorization and Notification
Capability.
(J) Such other matters the Administrator considers
necessary for the safe and lawful operation of C-UAS systems.
(3) Similar interagency coordination processes already used
for other matters that may be used as a model for improving
the interagency coordination for the usage of C-UAS systems.
(b) Report.--Not later than 180 days after the date upon
which the review in subsection (a) is initiated, the
Administrator shall submit to the Committee on Transportation
and
[[Page H8941]]
Infrastructure of the House of Representatives, the Committee
on Armed Services of the House of Representatives, and the
Committee on Commerce, Science, and Transportation in the
Senate, and the Committee on Armed Services of the Senate, a
report on the Administration's activities related to C-UAS
systems, including--
(1) any coordination with Federal agencies and States,
subdivisions and States, political authorities of at least 2
States that operate C-UAS systems;
(2) an assessment of the standards being utilized for the
operation of a counter-UAS systems within the United States
(including the territories and possessions of the United
States);
(3) an assessment of the efficiency and effectiveness of
the interagency coordination and review processes to ensure
national airspace safety while minimizing bureaucracy; and
(4) a review of any additional authorities needed by the
Federal Aviation Administration to effectively oversee the
management of C-UAS systems within the United States
(including the territories and possessions of the United
States).
SEC. 365. COOPERATION RELATED TO CERTAIN COUNTER-UAS
TECHNOLOGY.
In matters relating to the use of systems in the national
airspace system intended to mitigate threats posed by errant
or hostile unmanned aircraft system operations, the Secretary
of Transportation shall consult with the Secretary of Defense
to streamline deployment of such systems by drawing upon the
expertise and experience of the Department of Defense in
acquiring and operating such systems consistent with the safe
and efficient operation of the national airspace system.
SEC. 366. STRATEGY FOR RESPONDING TO PUBLIC SAFETY THREATS
AND ENFORCEMENT UTILITY OF UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a comprehensive
strategy to provide outreach to State and local governments
and provide guidance for local law enforcement agencies and
first responders with respect to--
(1) how to identify and respond to public safety threats
posed by unmanned aircraft systems; and
(2) how to identify and take advantage of opportunities to
use unmanned aircraft systems to enhance the effectiveness of
local law enforcement agencies and first responders.
(b) Resources.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
publicly available Internet website that contains resources
for State and local law enforcement agencies and first
responders seeking--
(1) to respond to public safety threats posed by unmanned
aircraft systems; and
(2) to identify and take advantage of opportunities to use
unmanned aircraft systems to enhance the effectiveness of
local law enforcement agencies and public safety response
efforts.
(c) Unmanned Aircraft System Defined.--In this section, the
term ``unmanned aircraft system'' has the meaning given that
term in section 44801 of title 49, United States Code, as
added by this Act.
SEC. 367. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION
OCCUPATIONS RELATING TO UNMANNED AIRCRAFT INTO
VETERANS EMPLOYMENT PROGRAMS OF THE
ADMINISTRATION.
Not later than 180 days after the date of the enactment of
this Act, the Administrator of the Federal Aviation
Administration, in consultation with the Secretary of
Veterans Affairs, the Secretary of Defense, and the Secretary
of Labor, shall determine whether occupations of the
Administration relating to unmanned aircraft systems
technology and regulations can be incorporated into the
Veterans' Employment Program of the Administration,
particularly in the interaction between such program and the
New Sights Work Experience Program and the Vet-Link
Cooperative Education Program.
SEC. 368. PUBLIC UAS ACCESS TO SPECIAL USE AIRSPACE.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall issue guidance for
the expedited and timely access to special use airspace for
public unmanned aircraft systems in order to assist Federal,
State, local, or tribal law enforcement organizations in
conducting law enforcement, emergency response, or for other
activities.
SEC. 369. APPLICATIONS FOR DESIGNATION.
Section 2209 of the FAA Extension, Safety, and Security Act
of 2016 (Public Law 114-190; 130 Stat. 615) is amended--
(1) in subsection (b)(1)(C)(i), by striking ``and
distribution facilities and equipment'' and inserting
``distribution facilities and equipment, and railroad
facilities''; and
(2) by adding at the end the following:
``(e) Deadlines.--
``(1) Not later than March 31, 2019, the Administrator
shall publish a notice of proposed rulemaking to carry out
the requirements of this section.
``(2) Not later than 12 months after publishing the notice
of proposed rulemaking under paragraph (1), the Administrator
shall issue a final rule.''.
SEC. 370. SENSE OF CONGRESS ON ADDITIONAL RULEMAKING
AUTHORITY.
It is the sense of Congress that--
(1) beyond visual line of sight operations, nighttime
operations, and operations over people of unmanned aircraft
systems have tremendous potential--
(A) to enhance both commercial and academic use;
(B) to spur economic growth and development through
innovative applications of this emerging technology; and
(C) to improve emergency response efforts as it relates to
assessing damage to critical infrastructure such as roads,
bridges, and utilities, including water and power, ultimately
speeding response time;
(2) advancements in miniaturization of safety technologies,
including for aircraft weighing under 4.4 pounds, have
increased economic opportunities for using unmanned aircraft
systems while reducing kinetic energy and risk compared to
unmanned aircraft that may weigh 4.4 pounds or more, but less
than 55 pounds;
(3) advancements in unmanned technology will have the
capacity to ultimately improve manned aircraft safety; and
(4) integrating unmanned aircraft systems safely into the
national airspace, including beyond visual line of sight
operations, nighttime operations on a routine basis, and
operations over people should remain a top priority for the
Federal Aviation Administration as it pursues additional
rulemakings under the amendments made by this section.
SEC. 371. ASSESSMENT OF AIRCRAFT REGISTRATION FOR SMALL
UNMANNED AIRCRAFT.
(a) Evaluation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
enter into an agreement with the National Academy of Public
Administration, to estimate and assess compliance with and
the effectiveness of the registration of small unmanned
aircraft systems by the Federal Aviation Administration
pursuant to the interim final rule issued on December 16,
2015, titled ``Registration and Marking Requirements for
Small Unmanned Aircraft'' (80 Fed. Reg. 78593).
(b) Metrics.--Upon receiving the assessment, the Secretary
shall, to the extent practicable, develop metrics to measure
compliance with the interim final rule described in
subsection (a), and any subsequent final rule, including
metrics with respect to--
(1) the levels of compliance with the interim final rule
and any subsequent final rule;
(2) the number of enforcement actions taken by the
Administration for violations of or noncompliance with the
interim final rule and any subsequent final rule, together
with a description of the actions; and
(3) the effect of the interim final rule and any subsequent
final rule on compliance with any fees associated with the
use of small unmanned aircraft systems.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the to
the appropriate committees of Congress a report containing--
(1) the results of the assessment required under subsection
(a);
(2) the metrics required under subsection (b) and how the
Secretary will track these metrics; and
(3) recommendations to Congress for improvements to the
registration process for small unmanned aircraft, if
necessary.
SEC. 372. ENFORCEMENT.
(a) UAS Safety Enforcement.--The Administrator of the
Federal Aviation Administration shall establish a pilot
program to utilize available remote detection or
identification technologies for safety oversight, including
enforcement actions against operators of unmanned aircraft
systems that are not in compliance with applicable Federal
aviation laws, including regulations.
(b) Reporting.--As part of the pilot program, the
Administrator shall establish and publicize a mechanism for
the public and Federal, State, and local law enforcement to
report suspected operation of unmanned aircraft in violation
of applicable Federal laws and regulations.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of the FAA Reauthorization Act of 2018, and
annually thereafter through the duration of the pilot program
established in subsection (a), the Administrator shall submit
to the appropriate committees of Congress a report on the
following:
(1) The number of unauthorized unmanned aircraft operations
detected in restricted airspace, including in and around
airports, together with a description of such operations.
(2) The number of enforcement cases brought by the Federal
Aviation Administration or other Federal agencies for
unauthorized operation of unmanned aircraft detected through
the program, together with a description of such cases.
(3) Recommendations for safety and operational standards
for unmanned aircraft detection and mitigation systems.
(4) Recommendations for any legislative or regulatory
changes related to mitigation or detection or identification
of unmanned aircraft systems.
(d) Sunset.--The pilot program established in subsection
(a) shall terminate on September 30, 2023.
(e) Civil Penalties.--Section 46301 of title 49, United
States Code, is amended--
(1) in subsection (a)(1)(A), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717 and 44719-
44723),'';
[[Page H8942]]
(2) in subsection (a)(5)(A)(i), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717-44723),'';
(3) in subsection (d)(2), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717 and 44719-
44723),''; and
(4) in subsection (f)(1)(A)(i), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717 and 44719-
44723),''.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to
pursue an enforcement action for a violation of this subtitle
or any other applicable provision of aviation safety law or
regulation using remote detection or identification or other
technology following the sunset of the pilot program.
SEC. 373. FEDERAL AND LOCAL AUTHORITIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct a study on the relative roles of the Federal
Government, State, local and Tribal governments in the
regulation and oversight of low-altitude operations of
unmanned aircraft systems in the national airspace system;
and
(2) submit to the appropriate committees of Congress a
report on the study, including the Comptroller General's
findings and conclusions.
(b) Contents.--The study under subsection (a) shall review
the following:
(1) The current state of the law with respect to Federal
authority over low-altitude operations of unmanned aircraft
systems in the national airspace system.
(2) The current state of the law with respect to State,
local, and Tribal authority over low-altitude operations of
unmanned aircraft systems in the national airspace system.
(3) Potential gaps between authorities under paragraphs (1)
and (2).
(4) The degree of regulatory consistency required among the
Federal Government, State governments, local governments, and
Tribal governments for the safe and financially viable growth
and development of the unmanned aircraft industry.
(5) The interests of Federal, State, local, and Tribal
governments affected by low-altitude operations of unmanned
aircraft systems and the authorities of those governments to
protect such interests.
(6) The infrastructure requirements necessary for
monitoring the low-altitude operations of small unmanned
aircraft and enforcing applicable laws.
SEC. 374. SPECTRUM.
(a) Report.--Not later than 270 days after the date of
enactment of this Act, and after consultation with relevant
stakeholders, the Administrator of the Federal Aviation
Administration, the National Telecommunications and
Information Administration, and the Federal Communications
Commission, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Energy and Commerce of
the House of Representatives a report--
(1) on whether unmanned aircraft systems operations should
be permitted, but not required, to operate on spectrum that
was recommended for allocation for AM(R)S and control links
for UAS by the World Radio Conferences in 2007 (L-band, 960-
1164 MHz) and 2012 (C-band, 5030-5091 MHz), on an unlicensed,
shared, or exclusive basis, for operations within the UTM
system or outside of such a system;
(2) that addresses any technological, statutory,
regulatory, and operational barriers to the use of such
spectrum; and
(3) that, if it is determined that some spectrum
frequencies are not suitable for beyond-visual-line-of-sight
operations by unmanned aircraft systems, includes
recommendations of other spectrum frequencies that may be
appropriate for such operations.
(b) No Effect on Other Spectrum.--The report required under
subsection (a) does not prohibit or delay use of any licensed
spectrum to satisfy control links, tracking, diagnostics,
payload communications, collision avoidance, and other
functions for unmanned aircraft systems operations.
SEC. 375. FEDERAL TRADE COMMISSION AUTHORITY.
(a) In General.--A violation of a privacy policy by a
person that uses an unmanned aircraft system for compensation
or hire, or in the furtherance of a business enterprise, in
the national airspace system shall be an unfair and deceptive
practice in violation of section 5(a) of the Federal Trade
Commission Act (15 U.S.C. 45(a)).
(b) Definitions.--In this section, the terms ``unmanned
aircraft'' and ``unmanned aircraft system'' have the meanings
given those terms in section 44801 of title 49, United States
Code.
SEC. 376. PLAN FOR FULL OPERATIONAL CAPABILITY OF UNMANNED
AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.
(a) In General.--In conjunction with completing the
requirements of section 2208 of the FAA Extension, Safety,
and Security Act of 2016 (49 U.S.C. 40101 note), subject to
subsection (b) of this section, the Administrator, in
coordination with the Administrator of the National
Aeronautics and Space Administration, and in consultation
with unmanned aircraft systems industry stakeholders, shall
develop a plan to allow for the implementation of unmanned
aircraft systems traffic management (UTM) services that
expand operations beyond visual line of sight, have full
operational capability, and ensure the safety and security of
all aircraft.
(b) Completion of UTM System Pilot Program.--The
Administrator shall ensure that the UTM system pilot program,
as established in section 2208 of the FAA Extension, Safety,
and Security Act of 2016 (49 U.S.C. 40101 note), is conducted
to meet the following objectives of a comprehensive UTM
system by the conclusion of the pilot program:
(1) In cooperation with the National Aeronautics and Space
Administration and manned and unmanned aircraft industry
stakeholders, allow testing of unmanned aircraft operations,
of increasing volumes and density, in airspace above test
ranges, as such term is defined in section 44801 of title 49,
United States Code, as well as other sites determined by the
Administrator to be suitable for UTM testing, including those
locations selected under the pilot program required in the
October 25, 2017, Presidential Memorandum entitled,
``Unmanned Aircraft Systems Integration Pilot Program'' and
described in 82 Federal Register 50301.
(2) Permit the testing of various remote identification and
tracking technologies evaluated by the Unmanned Aircraft
Systems Identification and Tracking Aviation Rulemaking
Committee.
(3) Where the particular operational environment permits,
permit blanket waiver authority to allow any unmanned
aircraft approved by a UTM system pilot program selectee to
be operated under conditions currently requiring a case-by-
case waiver under part 107, title 14, Code of Federal
Regulations, provided that any blanket waiver addresses risks
to airborne objects as well as persons and property on the
ground.
(c) Implementation Plan Contents.--The plan required by
subsection (a) shall--
(1) include the development of safety standards to permit,
authorize, or allow the use of UTM services, which may
include the demonstration and validation of such services at
the test ranges, as defined in section 44801 of title 49,
United States Code, or other sites as authorized by the
Administrator;
(2) outline the roles and responsibilities of industry and
government in establishing UTM services that allow applicants
to conduct commercial and noncommercial operations,
recognizing the primary private sector role in the
development and implementation of the Low Altitude
Authorization and Notification Capability and future expanded
UTM services;
(3) include an assessment of various components required
for necessary risk reduction and mitigation in relation to
the use of UTM services, including--
(A) remote identification of both cooperative and non-
cooperative unmanned aircraft systems in the national
airspace system;
(B) deconfliction of cooperative unmanned aircraft systems
in the national airspace system by such services;
(C) the manner in which the Federal Aviation Administration
will conduct oversight of UTM systems, including interfaces
between UTM service providers and air traffic control;
(D) the need for additional technologies to detect
cooperative and non-cooperative aircraft;
(E) collaboration and coordination with air traffic
control, or management services and technologies to ensure
the safety oversight of manned and unmanned aircraft,
including--
(i) the Federal Aviation Administration responsibilities to
collect and disseminate relevant data to UTM service
providers; and
(ii) data exchange protocols to share UAS operator intent,
operational approvals, operational restraints, and other data
necessary to ensure safety or security of the National
Airspace System;
(F) the potential for UTM services to manage unmanned
aircraft systems carrying either cargo, payload, or
passengers, weighing more than 55 pounds, and operating at
altitudes higher than 400 feet above ground level; and
(G) cybersecurity protections, data integrity, and national
and homeland security benefits; and
(4) establish a process for--
(A) accepting applications for operation of UTM services in
the national airspace system;
(B) setting the standards for independent private sector
validation and verification that the standards for UTM
services established pursuant to paragraph (1) enabling
operations beyond visual line of sight, have been met by
applicants; and
(C) notifying the applicant, not later than 120 days after
the Administrator receives a complete application, with a
written approval, disapproval, or request to modify the
application.
(d) Safety Standards.--In developing the safety standards
in subsection (c)(1), the Administrator--
(1) shall require that UTM services help ensure the safety
of unmanned aircraft and other aircraft operations that occur
primarily or exclusively in airspace 400 feet above ground
level and below, including operations conducted under a
waiver issued pursuant to subpart D of part 107 of title 14,
Code of Federal Regulations;
(2) shall consider, as appropriate--
(A) protection of persons and property on the ground;
[[Page H8943]]
(B) remote identification and tracking of aircraft;
(C) collision avoidance with respect to obstacles and non-
cooperative aircraft;
(D) deconfliction of cooperative aircraft and integration
of other relevant airspace considerations;
(E) right of way rules, inclusive of UAS operations;
(F) safe and reliable coordination between air traffic
control and other systems operated in the national airspace
system;
(G) detection of non-cooperative aircraft;
(H) geographic and local factors including but not limited
to terrain, buildings and structures;
(I) aircraft equipage; and
(J) qualifications, if any, necessary to operate UTM
services; and
(3) may establish temporary flight restrictions or other
means available such as a certificate of waiver or
authorization (COA) for demonstration and validation of UTM
services.
(e) Revocation.--The Administrator may revoke the
permission, authorization, or approval for the operation of
UTM services if the Administrator determines that the
services or its operator are no longer in compliance with
applicable safety standards.
(f) Low-risk Areas.--The Administrator shall establish
expedited procedures for approval of UTM services operated
in--
(1) airspace away from congested areas; or
(2) other airspace above areas in which operations of
unmanned aircraft pose low risk, as determined by the
Administrator.
(g) Consultation.--In carrying out this section, the
Administrator shall consult with other Federal agencies, as
appropriate.
(h) Sense of Congress.--It is the sense of Congress that,
in developing the safety standards for UTM services, the
Federal Aviation Administration shall consider ongoing
research and development efforts on UTM services conducted
by--
(1) the National Aeronautics and Space Administration in
partnership with industry stakeholders;
(2) the UTM System pilot program required by section 2208
of the FAA Extension, Safety, and Security Act of 2016 (49
U.S.C. 40101 note); and
(3) the participants in the pilot program required in the
October 25, 2017, Presidential Memorandum entitled,
``Unmanned Aircraft Systems Integration Pilot Program'' and
described in 82 Federal Register 50301.
(i) Deadline.--Not later than 1 year after the date of
conclusion of the UTM pilot program established in section
2208 of the FAA Extension, Safety, and Security Act of 2016
(49 U.S.C. 40101 note), the Administrator shall--
(1) complete the plan required by subsection (a);
(2) submit the plan to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House
of Representatives; and
(3) publish the plan on a publicly accessible Internet
website of the Federal Aviation Administration.
SEC. 377. EARLY IMPLEMENTATION OF CERTAIN UTM SERVICES.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Administrator shall, upon
request of a UTM service provider, determine if certain UTM
services may operate safely in the national airspace system
before completion of the implementation plan required by
section 376.
(b) Assessment of UTM Services.--In making the
determination under subsection (a), the Administrator shall
assess, at a minimum, whether the proposed UTM services, as a
result of their operational capabilities, reliability,
intended use, areas of operation, and the characteristics of
the aircraft involved, will maintain the safety and
efficiency of the national airspace system and address any
identified risks to manned or unmanned aircraft and persons
and property on the ground.
(c) Requirements for Safe Operation.--If the Administrator
determines that certain UTM services may operate safely in
the national airspace system, the Administrator shall
establish requirements for their safe operation in the
national airspace system.
(d) Expedited Procedures.--The Administrator shall provide
expedited procedures for making the assessment and
determinations under this section where the UTM services will
be provided primarily or exclusively in airspace above areas
in which the operation of unmanned aircraft poses low risk,
including but not limited to croplands and areas other than
congested areas.
(e) Consultation.--In carrying out this section, the
Administrator shall consult with other Federal agencies, as
appropriate.
(f) Preexisting UTM Services Approvals.--Nothing in this
Act shall affect or delay approvals, waivers, or exemptions
granted by the Administrator for UTM services already in
existence or approved by the Administrator prior to the date
of enactment of this Act, including approvals under the Low
Altitude Authorization and Notification Capability.
SEC. 378. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each person that uses an unmanned aircraft system for
compensation or hire, or in the furtherance of a business
enterprise, except those operated for purposes protected by
the First Amendment of the Constitution, should have a
written privacy policy consistent with section 357 that is
appropriate to the nature and scope of the activities
regarding the collection, use, retention, dissemination, and
deletion of any data collected during the operation of an
unmanned aircraft system;
(2) each privacy policy described in paragraph (1) should
be periodically reviewed and updated as necessary; and
(3) each privacy policy described in paragraph (1) should
be publicly available.
SEC. 379. COMMERCIAL AND GOVERNMENTAL OPERATORS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall, to the extent
practicable and consistent with applicable law, make
available in a single location on the website of the
Department of Transportation:
(1) Any certificate of waiver or authorization issued by
the Administration to Federal, State, tribal or local
governments for the operation of unmanned aircraft systems
within 30 days of issuance of such certificate of waiver or
authorization.
(2) A spreadsheet of UAS registrations, including the city,
state, and zip code of each registered drone owner, on its
website that is updated once per quarter each calendar year.
(3) Summary descriptions and general purposes of public
unmanned aircraft operations, including the locations where
such unmanned aircraft may generally operate.
(4) Summary descriptions of common civil unmanned aircraft
operations.
(5) The expiration date of any authorization of public or
civil unmanned aircraft operations.
(6) Links to websites of State agencies that enforce any
applicable privacy laws.
(7) For any unmanned aircraft system, except with respect
to any operation protected by the First Amendment to the
Constitution of the United States, that will collect
personally identifiable information about individuals,
including the use of facial recognition--
(A) the circumstance under which the system will be used;
(B) the specific kinds of personally identifiable
information that the system will collect about individuals;
and
(C) how the information referred to in subparagraph (B),
and the conclusions drawn from such information, will be
used, disclosed, and otherwise handled, including--
(i) how the collection or retention of such information
that is unrelated to the specific use will be minimized;
(ii) under what circumstances such information might be
sold, leased, or otherwise provided to third parties;
(iii) the period during which such information will be
retained;
(iv) when and how such information, including information
no longer relevant to the specified use, will be destroyed;
and
(v) steps that will be used to protect against the
unauthorized disclosure of any information or data, such as
the use of encryption methods and other security features.
(8) With respect to public unmanned aircraft systems--
(A) the locations where the unmanned aircraft system will
operate;
(B) the time during which the unmanned aircraft system will
operate;
(C) the general purpose of the flight; and
(D) the technical capabilities that the unmanned aircraft
system possesses.
(b) Exceptions.--The Administrator shall not disclose
information pursuant to subsection (a) if the Administrator
determines that the release of such information--
(1) is not applicable;
(2) is not practicable, including when the information is
not available to the Administrator;
(3) is not in compliance with applicable law;
(4) would compromise national defense, homeland security or
law enforcement activity;
(5) would be withheld pursuant to an exception of the
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); or
(6) is otherwise contrary to the public interest.
(c) Sunset.--This section will cease to be effective on the
date that is the earlier of--
(1) the date of publication of a Notice of Proposed
Rulemaking or guidance regarding remote identification
standards under section 2202 of the FAA Extension, Safety,
and Security Act of 2016 (Public Law 114-190; 130 Stat. 615);
or
(2) September 30, 2023.
SEC. 380. TRANSITION LANGUAGE.
(a) Regulations.--Notwithstanding the repeals under
sections 341, 348, 347, and 383 of this Act, all orders,
determinations, rules, regulations, permits, grants, and
contracts, which have been issued under any law described
under subsection (b) of this section before the effective
date of this Act shall continue in effect until modified or
revoked by the Secretary of Transportation, acting through
the Administrator of the Federal Aviation Administration, as
applicable, by a court of competent jurisdiction, or by
operation of law other than this Act.
(b) Laws Described.--The laws described under this
subsection are as follows:
(1) Section 332 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(2) Section 333 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
[[Page H8944]]
(3) Section 334 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(4) Section 2206 of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 615).
(c) Effect on Pending Proceedings.--This Act shall not
affect administrative or judicial proceedings pending on the
effective date of this Act.
SEC. 381. UNMANNED AIRCRAFT SYSTEMS IN RESTRICTED BUILDINGS
OR GROUNDS.
Section 1752 of title 18, United States Code, is amended by
adding after subsection (a)(4) the following:
``(5) knowingly and willfully operates an unmanned aircraft
system with the intent to knowingly and willfully direct or
otherwise cause such unmanned aircraft system to enter or
operate within or above a restricted building or grounds;''.
SEC. 382. PROHIBITION.
(a) Amendment.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 40A. Operation of unauthorized unmanned aircraft over
wildfires
``(a) In General.--Except as provided in subsection (b), an
individual who operates an unmanned aircraft and knowingly or
recklessly interferes with a wildfire suppression, or law
enforcement or emergency response efforts related to a
wildfire suppression, shall be fined under this title,
imprisoned for not more than 2 years, or both.
``(b) Exceptions.--This section does not apply to the
operation of an unmanned aircraft conducted by a unit or
agency of the United States Government or of a State, tribal,
or local government (including any individual conducting such
operation pursuant to a contract or other agreement entered
into with the unit or agency) for the purpose of protecting
the public safety and welfare, including firefighting, law
enforcement, or emergency response.
``(c) Definitions.--In this section, the following
definitions apply:
``(1) Unmanned aircraft.--The term `unmanned aircraft' has
the meaning given the term in section 44801 of title 49,
United States Code.
``(2) Wildfire.--The term `wildfire' has the meaning given
that term in section 2 of the Emergency Wildfire Suppression
Act (42 U.S.C. 1856m).
``(3) Wildfire suppression.--The term `wildfire
suppression' means an effort to contain, extinguish, or
suppress a wildfire.''.
(b) Conforming Amendment.--The table of sections for
chapter 2 of title 18, United States Code, is amended by
inserting after the item relating to section 40 the
following:
``40A. Operation of unauthorized unmanned aircraft over wildfires.''.
SEC. 383. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND
ENFORCEMENT.
(a) In General.--Chapter 448 of title 49, United States
Code, as amended by this Act, is further amended by inserting
at the end the following:
``Sec. 44810. Airport safety and airspace hazard mitigation
and enforcement
``(a) Coordination.--The Administrator of the Federal
Aviation Administration shall work with the Secretary of
Defense, the Secretary of Homeland Security, and the heads of
other relevant Federal departments and agencies for the
purpose of ensuring that technologies or systems that are
developed, tested, or deployed by Federal departments and
agencies to detect and mitigate potential risks posed by
errant or hostile unmanned aircraft system operations do not
adversely impact or interfere with safe airport operations,
navigation, air traffic services, or the safe and efficient
operation of the national airspace system.
``(b) Plan.--
``(1) In general.--The Administrator shall develop a plan
for the certification, permitting, authorizing, or allowing
of the deployment of technologies or systems for the
detection and mitigation of unmanned aircraft systems.
``(2) Contents.--The plan shall provide for the development
of policies, procedures, or protocols that will allow
appropriate officials of the Federal Aviation Administration
to utilize such technologies or systems to take steps to
detect and mitigate potential airspace safety risks posed by
unmanned aircraft system operations.
``(3) Aviation rulemaking committee.--The Administrator
shall charter an aviation rulemaking committee to make
recommendations for such a plan and any standards that the
Administrator determines may need to be developed with
respect to such technologies or systems. The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to an aviation
rulemaking committee chartered under this paragraph.
``(4) Non-delegation.--The plan shall not delegate any
authority granted to the Administrator under this section to
other Federal, State, local, territorial, or tribal agencies,
or an airport sponsor, as defined in section 47102 of title
49, United States Code.
``(c) Airspace Hazard Mitigation Program.--In order to test
and evaluate technologies or systems that detect and mitigate
potential aviation safety risks posed by unmanned aircraft,
the Administrator shall deploy such technologies or systems
at 5 airports, including 1 airport that ranks in the top 10
of the FAA's most recent Passenger Boarding Data.
``(d) Authority.--Under the testing and evaluation in
subsection (c), the Administrator shall use unmanned aircraft
detection and mitigation systems to detect and mitigate the
unauthorized operation of an unmanned aircraft that poses a
risk to aviation safety.
``(e) Aip Funding Eligibility.--Upon the certification,
permitting, authorizing, or allowing of such technologies and
systems that have been successfully tested under this
section, an airport sponsor may apply for a grant under
subchapter I of chapter 471 to purchase an unmanned aircraft
detection and mitigation system. For purposes of this
subsection, purchasing an unmanned aircraft detection and
mitigation system shall be considered airport development (as
defined in section 47102).
``(f) Briefing.--The Administrator shall annually brief the
appropriate committees of Congress, including the Committee
on Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, on the
implementation of this section.
``(g) Applicability of Other Laws.--Section 46502 of this
title, section 32 of title 18, United States Code (commonly
known as the Aircraft Sabotage Act), section 1031 of title
18, United States Code (commonly known as the Computer Fraud
and Abuse Act of 1986), sections 2510-2522 of title 18,
United States Code (commonly known as the Wiretap Act), and
sections 3121-3127 of title 18, United States Code (commonly
known as the Pen/Trap Statute), shall not apply to activities
authorized by the Administrator pursuant to subsection (c)
and (d).
``(h) Sunset.--This section ceases to be effective
September 30, 2023.
``(i) Non-delegation.--The Administrator shall not delegate
any authority granted to the Administrator under this section
to other Federal, State, local, territorial, or tribal
agencies, or an airport sponsor, as defined in section 47102
of title 49, United States Code. The Administrator may
partner with other Federal agencies under this section,
subject to any restrictions contained in such agencies'
authority to operate counter unmanned aircraft systems.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by this Act, is further amended by inserting
at the end the following:
``44810. Airport safety and airspace hazard mitigation and
enforcement.''.
(2) Pilot project for airport safety and airspace hazard
mitigation.--Section 2206 of the FAA Extension, Safety, and
Security Act of 2016 (Public Law 114-190; 130 Stat. 615) and
the item relating to that section in the table of contents
under section 1(b) of that Act are repealed.
SEC. 384. UNSAFE OPERATION OF UNMANNED AIRCRAFT.
(a) In General.--Chapter 2 of title 18, United States Code,
is amended by inserting after section 39A the following:
``Sec. 39B. Unsafe operation of unmanned aircraft
``(a) Offense.--Any person who operates an unmanned
aircraft and:
``(1) Knowingly interferes with, or disrupts the operation
of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a
manner that poses an imminent safety hazard to such
occupants, shall be punished as provided in subsection (c).
``(2) Recklessly interferes with, or disrupts the operation
of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a
manner that poses an imminent safety hazard to such
occupants, shall be punished as provided in subsection (c).
``(b) Operation of Unmanned Aircraft in Close Proximity to
Airports.--
``(1) In general.--Any person who, without authorization,
knowingly operates an unmanned aircraft within a runway
exclusion zone shall be punished as provided in subsection
(c).
``(2) Runway exclusion zone defined.--In this subsection,
the term `runway exclusion zone' means a rectangular area--
``(A) centered on the centerline of an active runway of an
airport immediately around which the airspace is designated
as class B, class C, or class D airspace at the surface under
part 71 of title 14, Code of Federal Regulations; and
``(B) the length of which extends parallel to the runway's
centerline to points that are 1 statute mile from each end of
the runway and the width of which is \1/2\ statute mile.
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2), the
punishment for an offense under subsections (a) or (b) shall
be a fine under this title, imprisonment for not more than 1
year, or both.
``(2) Serious bodily injury or death.--Any person who:
``(A) Causes serious bodily injury or death during the
commission of an offense under subsection (a)(2) shall be
fined under this title, imprisoned for a term of up to 10
years, or both.
``(B) Causes, or attempts or conspires to cause, serious
bodily injury or death during the commission of an offense
under subsections (a)(1) and (b) shall be fined under this
title, imprisoned for any term of years or for life, or
both.''.
(b) Table of Contents.--The table of contents for chapter 2
of title 18, United States Code, is amended by inserting
after the item relating to section 39A the following:
``39B. Unsafe operation of unmanned aircraft.''.
[[Page H8945]]
Subtitle C--General Aviation Safety
SEC. 391. SHORT TITLE.
This subtitle may be cited as the ``Fairness for Pilots
Act''.
SEC. 392. EXPANSION OF PILOT'S BILL OF RIGHTS.
(a) Notification of Investigation.--Subsection (b) of
section 2 of the Pilot's Bill of Rights (Public Law 112-153;
126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
(1) in paragraph (2)(A), by inserting ``and the specific
activity on which the investigation is based'' after ``nature
of the investigation'';
(2) in paragraph (3), by striking ``timely''; and
(3) in paragraph (5), by striking ``section 44709(c)(2)''
and inserting ``section 44709(e)(2)''.
(b) Release of Investigative Reports.--Section 2 of the
Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159;
49 U.S.C. 44703 note) is further amended by adding at the end
the following:
``(f) Release of Investigative Reports.--
``(1) In general.--
``(A) Emergency orders.--In any proceeding conducted under
part 821 of title 49, Code of Federal Regulations, relating
to the amendment, modification, suspension, or revocation of
an airman certificate, in which the Administrator issues an
emergency order under subsections (d) and (e) of section
44709, section 44710, or section 46105(c) of title 49, United
States Code, or another order that takes effect immediately,
the Administrator shall provide, upon request, to the
individual holding the airman certificate the releasable
portion of the investigative report at the time the
Administrator issues the order. If the complete Report of
Investigation is not available at the time of the request,
the Administrator shall issue all portions of the report that
are available at the time and shall provide the full report
not later than 5 days after its completion.
``(B) Other orders.--In any nonemergency proceeding
conducted under part 821 of title 49, Code of Federal
Regulations, relating to the amendment, modification,
suspension, or revocation of an airman certificate, in which
the Administrator notifies the certificate holder of a
proposed certificate action under subsections (b) and (c) of
section 44709 or section 44710 of title 49, United States
Code, the Administrator shall, upon the written request of
the covered certificate holder and at any time after that
notification, provide to the covered certificate holder the
releasable portion of the investigative report.
``(2) Motion for dismissal.--If the Administrator does not
provide the releasable portions of the investigative report
to the individual holding the airman certificate subject to
the proceeding referred to in paragraph (1) by the time
required by that paragraph, the individual may move to
dismiss the complaint of the Administrator or for other
relief and, unless the Administrator establishes good cause
for the failure to provide the investigative report or for a
lack of timeliness, the administrative law judge shall order
such relief as the judge considers appropriate.
``(3) Releasable portion of investigative report.--For
purposes of paragraph (1), the releasable portion of an
investigative report is all information in the report, except
for the following:
``(A) Information that is privileged.
``(B) Information that constitutes work product or reflects
internal deliberative process.
``(C) Information that would disclose the identity of a
confidential source.
``(D) Information the disclosure of which is prohibited by
any other provision of law.
``(E) Information that is not relevant to the subject
matter of the proceeding.
``(F) Information the Administrator can demonstrate is
withheld for good cause.
``(G) Sensitive security information, as defined in section
15.5 of title 49, Code of Federal Regulations (or any
corresponding similar ruling or regulation).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent the Administrator from
releasing to an individual subject to an investigation
described in subsection (b)(1)--
``(A) information in addition to the information included
in the releasable portion of the investigative report; or
``(B) a copy of the investigative report before the
Administrator issues a complaint.''.
SEC. 393. NOTIFICATION OF REEXAMINATION OF CERTIFICATE
HOLDERS.
(a) In General.--Section 44709(a) of title 49, United
States Code, is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator'';
(2) by adding at the end the following:
``(2) Notification of reexamination of airman.--Before
taking any action to reexamine an airman under paragraph (1)
the Administrator shall provide to the airman--
``(A) a reasonable basis, described in detail, for
requesting the reexamination; and
``(B) any information gathered by the Federal Aviation
Administration, that the Administrator determines is
appropriate to provide, such as the scope and nature of the
requested reexamination, that formed the basis for that
justification.''.
SEC. 394. EXPEDITING UPDATES TO NOTAM PROGRAM.
(a) In General.--Beginning on the date that is 180 days
after the date of enactment of this Act, the Administrator
may not take any enforcement action against any individual
for a violation of a NOTAM (as defined in section 3 of the
Pilot's Bill of Rights (49 U.S.C. 44701 note)) until the
Administrator certifies to the appropriate committees of
Congress that the Administrator has complied with the
requirements of section 3 of the Pilot's Bill of Rights, as
amended by this section.
(b) Amendments.--Section 3 of the Pilot's Bill of Rights
(Public Law 112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is
amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``this Act'' and inserting ``the Fairness
for Pilots Act''; and
(ii) by striking ``begin'' and inserting ``complete the
implementation of'';
(B) by amending subparagraph (B) to read as follows:
``(B) to continue developing and modernizing the NOTAM
repository, in a public central location, to maintain and
archive all NOTAMs, including the original content and form
of the notices, the original date of publication, and any
amendments to such notices with the date of each amendment,
in a manner that is Internet-accessible, machine-readable,
and searchable;'';
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) to specify the times during which temporary flight
restrictions are in effect and the duration of a designation
of special use airspace in a specific area.''; and
(2) by amending subsection (d) to read as follows:
``(d) Designation of Repository as Sole Source for
NOTAMs.--
``(1) In general.--The Administrator--
``(A) shall consider the repository for NOTAMs under
subsection (a)(2)(B) to be the sole location for airmen to
check for NOTAMs; and
``(B) may not consider a NOTAM to be announced or published
until the NOTAM is included in the repository for NOTAMs
under subsection (a)(2)(B).
``(2) Prohibition on taking action for violations of notams
not in repository.--
``(A) In general.--Except as provided in subparagraph (B),
beginning on the date that the repository under subsection
(a)(2)(B) is final and published, the Administrator may not
take any enforcement action against an airman for a violation
of a NOTAM during a flight if--
``(i) that NOTAM is not available through the repository
before the commencement of the flight; and
``(ii) that NOTAM is not reasonably accessible and
identifiable to the airman.
``(B) Exception for national security.--Subparagraph (A)
shall not apply in the case of an enforcement action for a
violation of a NOTAM that directly relates to national
security.''.
SEC. 395. ACCESSIBILITY OF CERTAIN FLIGHT DATA.
(a) In General.--Subchapter I of chapter 471 of title 49,
United States Code, is amended by inserting after section
47124 the following:
``Sec. 47124a. Accessibility of certain flight data
``(a) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the
Federal Aviation Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(3) Applicable individual.--The term `applicable
individual' means an individual who is the subject of an
investigation initiated by the Administrator related to a
covered flight record.
``(4) Contract tower.--The term `contract tower' means an
air traffic control tower providing air traffic control
services pursuant to a contract with the Administration under
section 47124.
``(5) Covered flight record.--The term `covered flight
record' means any air traffic data (as defined in section
2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703
note)), created, maintained, or controlled by any program of
the Administration, including any program of the
Administration carried out by employees or contractors of the
Administration, such as contract towers, flight service
stations, and controller training programs.
``(b) Provision of Covered Flight Record to
Administration.--
``(1) Requests.--Whenever the Administration receives a
written request for a covered flight record from an
applicable individual and the covered flight record is not in
the possession of the Administration, the Administrator shall
request the covered flight record from the contract tower or
other contractor of the Administration in possession of the
covered flight record.
``(2) Provision of records.--Any covered flight record
created, maintained, or controlled by a contract tower or
another contractor of the Administration that maintains
covered flight records shall be provided to the
Administration if the Administration requests the record
pursuant to paragraph (1).
``(3) Notice of proposed certificate action.--If the
Administrator has issued, or subsequently issues, a Notice of
Proposed Certificate Action relying on evidence contained in
the covered flight record and the individual who is the
subject of an investigation has requested the record, the
Administrator shall promptly produce the record and
[[Page H8946]]
extend the time the individual has to respond to the Notice
of Proposed Certificate Action until the covered flight
record is provided.
``(c) Implementation.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Fairness for Pilots Act, the
Administrator shall promulgate regulations or guidance to
ensure compliance with this section.
``(2) Compliance by contractors.--
``(A) In general.--Compliance with this section by a
contract tower or other contractor of the Administration that
maintains covered flight records shall be included as a
material term in any contract between the Administration and
the contract tower or contractor entered into or renewed on
or after the date of enactment of the Fairness for Pilots
Act.
``(B) Nonapplicability.--Subparagraph (A) shall not apply
to any contract or agreement in effect on the date of
enactment of the Fairness for Pilots Act unless the contract
or agreement is renegotiated, renewed, or modified after that
date.
``(d) Protection of Certain Data.--The Administrator of the
Federal Aviation Administration may withhold information that
would otherwise be required to be made available under
section only if--
``(1) the Administrator determines, based on information in
the possession of the Administrator, that the Administrator
may withhold the information in accordance with section 552a
of title 5, United States Code; or
``(2) the information is submitted pursuant to a voluntary
safety reporting program covered by section 40123 of title
49, United States Code.''.
(b) Technical and Conforming Amendments.--The table of
contents for chapter 471 is amended by inserting after the
item relating to section 47124 the following:
``47124a. Accessibility of certain flight data.''.
SEC. 396. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN
NOTICES.
Not later than 90 days after the date of enactment of this
Act, the Administrator shall designate the appropriate legal
counsel of the Administration as an appropriate official for
purposes of section 13.11 of title 14, Code of Federal
Regulations.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
SEC. 401. DEFINITIONS.
In this title:
(1) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier as those terms
are defined in section 40102 of title 49, United States Code.
(2) Online service.--The term ``online service'' means any
service available over the internet, or that connects to the
internet or a wide-area network.
(3) Ticket agent.--The term ``ticket agent'' has the
meaning given the term in section 40102 of title 49, United
States Code.
SEC. 402. RELIABLE AIR SERVICE IN AMERICAN SAMOA.
Section 40109(g) of title 49, United States Code, is
amended--
(1) in paragraph (2) by striking subparagraph (C) and
inserting the following:
``(C) review the exemption at least every 30 days (or, in
the case of an exemption that is necessary to provide and
sustain air transportation in American Samoa between the
islands of Tutuila and Manu'a, at least every 180 days) to
ensure that the unusual circumstances that established the
need for the exemption still exist.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Renewal of exemptions.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary may renew an exemption (including renewals)
under this subsection for not more than 30 days.
``(B) Exception.--The Secretary may renew an exemption
(including renewals) under this subsection that is necessary
to provide and sustain air transportation in American Samoa
between the islands of Tutuila and Manu'a for not more than
180 days.
``(4) Continuation of exemptions.--An exemption granted by
the Secretary under this subsection may continue for not more
than 5 days after the unusual circumstances that established
the need for the exemption cease.''.
SEC. 403. CELL PHONE VOICE COMMUNICATION BAN.
(a) In General.--Subchapter I of chapter 417 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 41725. Prohibition on certain cell phone voice
communications
``(a) Prohibition.--The Secretary of Transportation shall
issue regulations--
``(1) to prohibit an individual on an aircraft from
engaging in voice communications using a mobile
communications device during a flight of that aircraft in
scheduled passenger interstate or intrastate air
transportation; and
``(2) that exempt from the prohibition described in
paragraph (1) any--
``(A) member of the flight crew on duty on an aircraft;
``(B) flight attendant on duty on an aircraft; and
``(C) Federal law enforcement officer acting in an official
capacity.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Flight.--The term `flight' means, with respect to an
aircraft, the period beginning when the aircraft takes off
and ending when the aircraft lands.
``(2) Mobile communications device.--
``(A) In general.--The term `mobile communications device'
means any portable wireless telecommunications equipment
utilized for the transmission or reception of voice data.
``(B) Limitation.--The term `mobile communications device'
does not include a phone installed on an aircraft.''.
(b) Clerical Amendment.--The analysis for chapter 417 of
title 49, United States Code, is amended by inserting after
the item relating to section 41724 the following:
``41725. Prohibition on certain cell phone voice communications.''.
SEC. 404. IMPROVED NOTIFICATION OF INSECTICIDE USE.
Section 42303(b) of title 49, United States Code, is
amended to read as follows:
``(b) Required Disclosures.--An air carrier, foreign air
carrier, or ticket agent selling, in the United States, a
ticket for a flight in foreign air transportation to a
country listed on the internet website established under
subsection (a) shall--
``(1) disclose, on its own internet website or through
other means, that the destination country may require the air
carrier or foreign air carrier to treat an aircraft passenger
cabin with insecticides prior to the flight or to apply an
aerosol insecticide in an aircraft cabin used for such a
flight when the cabin is occupied with passengers; and
``(2) refer the purchaser of the ticket to the internet
website established under subsection (a) for additional
information.''.
SEC. 405. CONSUMER COMPLAINTS HOTLINE.
Section 42302 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Use of New Technologies.--The Secretary shall
periodically evaluate the benefits of using mobile phone
applications or other widely used technologies to provide new
means for air passengers to communicate complaints in
addition to the telephone number established under subsection
(a) and shall provide such new means as the Secretary
determines appropriate.''.
SEC. 406. CONSUMER INFORMATION ON ACTUAL FLIGHT TIMES.
(a) Study.--The Secretary of Transportation shall conduct a
study on the feasibility and advisability of modifying
regulations contained in section 234.11 of title 14, Code of
Federal Regulations, to ensure that--
(1) a reporting carrier (including its contractors), during
the course of a reservation or ticketing discussion or other
inquiry, discloses to a consumer upon reasonable request the
projected period between the actual wheels-off and wheels-on
times for a reportable flight; and
(2) a reporting carrier displays, on the public internet
website of the carrier, information on the actual wheels-off
and wheels-on times during the most recent calendar month for
a reportable flight.
(b) Definitions.--In this section, the terms ``reporting
carrier'' and ``reportable flight'' have the meanings given
those terms in section 234.2 of title 14, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study.
SEC. 407. TRAINING POLICIES REGARDING RACIAL, ETHNIC, AND
RELIGIOUS NONDISCRIMINATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress and the Secretary of Transportation a report
describing--
(1) each air carrier's training policy for its employees
and contractors regarding racial, ethnic, and religious
nondiscrimination; and
(2) how frequently an air carrier is required to train new
employees and contractors because of turnover in positions
that require such training.
(b) Best Practices.--After the date the report is submitted
under subsection (a), the Secretary shall develop and
disseminate to air carriers best practices necessary to
improve the training policies described in subsection (a),
based on the findings of the report and in consultation
with--
(1) passengers of diverse racial, ethnic, and religious
backgrounds;
(2) national organizations that represent impacted
communities;
(3) air carriers;
(4) airport operators; and
(5) contract service providers.
SEC. 408. TRAINING ON HUMAN TRAFFICKING FOR CERTAIN STAFF.
(a) In General.--Chapter 447 of title 49, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 44738. Training on human trafficking for certain staff
``In addition to other training requirements, each air
carrier shall provide training to ticket counter agents, gate
agents, and other air carrier workers whose jobs require
regular interaction with passengers on recognizing and
responding to potential human trafficking victims.''.
[[Page H8947]]
(b) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``44738. Training on human trafficking for certain staff.''.
SEC. 409. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.
Section 41706 of title 49, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Electronic Cigarettes.--
``(1) Inclusion.--The use of an electronic cigarette shall
be treated as smoking for purposes of this section.
``(2) Electronic cigarette defined.--In this section, the
term `electronic cigarette' means a device that delivers
nicotine to a user of the device in the form of a vapor that
is inhaled to simulate the experience of smoking.''.
SEC. 410. REPORT ON BAGGAGE REPORTING REQUIREMENTS.
Not later than 6 months after the date of enactment of this
Act, the Secretary of Transportation shall--
(1) study and publicize for comment a cost-benefit analysis
to air carriers and consumers of changing the baggage
reporting requirements of section 234.6 of title 14, Code of
Federal Regulations, before the implementation of such
requirements; and
(2) submit a report on the findings of the cost-benefit
analysis to the appropriate committees of Congress.
SEC. 411. ENFORCEMENT OF AVIATION CONSUMER PROTECTION RULES.
(a) In General.--The Comptroller General of the United
States shall conduct a study to consider and evaluate
Department of Transportation enforcement of aviation consumer
protection rules.
(b) Contents.--The study under subsection (a) shall include
an evaluation of--
(1) available enforcement mechanisms;
(2) any obstacles to enforcement; and
(3) trends in Department of Transportation enforcement
actions.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
study, including the Comptroller General's findings,
conclusions, and recommendations.
SEC. 412. STROLLERS.
(a) In General.--Subchapter I of chapter 417 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 41726. Strollers
``(a) In General.--Except as provided in subsection (b), a
covered air carrier shall not deny a passenger the ability to
check a stroller at the departure gate if the stroller is
being used by a passenger to transport a child traveling on
the same flight as the passenger.
``(b) Exception.--Subsection (a) shall not apply in
instances where the size or weight of the stroller poses a
safety or security risk.
``(c) Covered Air Carrier Defined.--In this section, the
term `covered air carrier' means an air carrier or a foreign
air carrier as those terms are defined in section 40102 of
title 49, United States Code.''.
(b) Table of Contents.--The analysis for chapter 417 of
title 49, United States Code, is further amended by inserting
after the item relating to section 41725 the following:
``41726. Strollers.''.
SEC. 413. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Federal Aviation
Administration, shall review the categorization of delays and
cancellations with respect to air carriers that are required
to report such data.
(2) Considerations.--In conducting the review under
paragraph (1), the Secretary shall consider, at a minimum--
(A) whether delays and cancellations were the result of--
(i) decisions or matters within the control or within the
discretion of the Federal Aviation Administration, including
ground stop or delay management programs in response to
adverse weather conditions;
(ii) business decisions or other matters within the air
carrier's control or discretion in response to adverse
weather conditions, including efforts to disrupt the travel
of the fewest number of passengers; or
(iii) other factors;
(B) if the data indicate whether and to what extent delays
and cancellations attributed by an air carrier to weather
disproportionately impact service to smaller airports and
communities;
(C) whether it is an unfair or deceptive practice for an
air carrier to inform a passenger that a flight is delayed or
cancelled due to weather alone when other factors are
involved;
(D) limitations, if any, in the Federal Aviation
Administration air traffic control systems that reduce the
capacity or efficiency of the national airspace system during
adverse weather events; and
(E) relevant analytical work by academic institutions.
(3) Consultation.--The Secretary may consult air carriers
and the Advisory Committee for Aviation Consumer Protection,
established under section 411 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 42301 prec. note), to assist in
conducting the review and providing recommendations on
improving the quality and quantity of information provided to
passengers adversely affected by a cancellation or delay.
(b) Report.--Not later than 90 days after the date the
review under subsection (a) is complete, the Secretary shall
submit to the appropriate committees of Congress a report on
the review under subsection (a), including any
recommendations.
(c) Savings Provision.--Nothing in this section shall be
construed as affecting or penalizing--
(1) the decision of an air carrier to maximize its system
capacity during weather-related events to accommodate the
greatest number of passengers; or
(2) any decisions of an air carrier or the Federal Aviation
Administration in any matter related to or affecting the
safety of any person.
SEC. 414. INVOLUNTARY CHANGES TO ITINERARIES.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
review the rate at which air carriers change passenger
itineraries more than 24 hours before departure, where the
new itineraries involve additional stops or depart 3 hours
earlier or later than originally scheduled and compensation
or other suitable air transportation is not offered. In
conducting the review, the Secretary shall consider the
compensation and alternative travel options provided or
offered by the air carrier in such situations.
(2) Consultation.--The Secretary may consult with air
carriers and the Advisory Committee for Aviation Consumer
Protection, established under section 411 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec.
note), to assist in conducting the review and providing
recommendations.
(b) Report.--Not later than 90 days after the date the
review under subsection (a) is complete, the Secretary shall
submit to appropriate committees of Congress a report on the
review under subsection (a).
SEC. 415. EXTENSION OF ADVISORY COMMITTEE FOR AVIATION
CONSUMER PROTECTION.
Section 411 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 prec. note) is amended in subsection (h) by
striking ``2018'' and inserting ``2023''.
SEC. 416. ONLINE ACCESS TO AVIATION CONSUMER PROTECTION
INFORMATION.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall--
(1) complete an evaluation of the aviation consumer
protection portion of the Department of Transportation's
public internet website to identify any changes to the user
interface, including the interface presented to individuals
accessing the website from a mobile device, that will improve
usability, accessibility, consumer satisfaction, and website
performance;
(2) in completing the evaluation under paragraph (1)--
(A) consider the best practices of other Federal agencies
with effective websites; and
(B) consult with the Federal Web Managers Council;
(3) develop a plan, including an implementation timeline,
for--
(A) making the changes identified under paragraph (1); and
(B) making any necessary changes to that portion of the
website that will enable a consumer, in a manner that
protects the privacy of consumers and employees, to--
(i) access information regarding each complaint filed with
the Aviation Consumer Protection Division of the Department
of Transportation;
(ii) search the complaints described in clause (i) by the
name of the air carrier, the dates of departure and arrival,
the airports of origin and departure, and the type of
complaint; and
(iii) determine the date a complaint was filed and the date
a complaint was resolved; and
(4) submit the evaluation and plan to appropriate
committees of Congress.
SEC. 417. PROTECTION OF PETS ON AIRPLANES.
(a) Prohibition.--Chapter 447 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 44739. Pets on airplanes
``(a) Prohibition.--It shall be unlawful for any person to
place a live animal in an overhead storage compartment of an
aircraft operated under part 121 of title 14, Code of Federal
Regulations.
``(b) Civil Penalty.--The Administrator may impose a civil
penalty under section 46301 for each violation of this
section.''.
(b) Conforming Amendment.--The analysis for chapter 447 of
title 49, United States Code, is further amended by adding at
the end the following:
``44739. Pets on airplanes.''.
SEC. 418. ADVISORY COMMITTEE ON AIR AMBULANCE AND PATIENT
BILLING.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Health and Human Services,
shall establish an advisory committee for the purpose of
reviewing options to improve the disclosure of charges and
fees
[[Page H8948]]
for air medical services, better inform consumers of
insurance options for such services, and protect consumers
from balance billing.
(b) Composition of the Advisory Committee.--The advisory
committee shall be composed of the following members:
(1) The Secretary of Transportation, or the Secretary's
designee.
(2) The Secretary of Health and Human Services, or the
Secretary's designee.
(3) One representative, to be appointed by the Secretary of
Transportation, of each of the following:
(A) Each relevant Federal agency, as determined by the
Secretary of Transportation.
(B) State insurance regulators
(C) Health insurance providers.
(D) Patient advocacy groups.
(E) Consumer advocacy groups.
(F) Physician specializing in emergency, trauma, cardiac,
or stroke.
(4) Three representatives, to be appointed by the Secretary
of Transportation, to represent the various segments of the
air ambulance industry.
(5) Additional three representatives not covered under
paragraphs (1) through (4), as determined necessary and
appropriate by the Secretary.
(c) Consultation.--The advisory committee shall, as
appropriate, consult with relevant experts and stakeholders
not captured in (b) while conducting its review.
(d) Recommendations.--The advisory committee shall make
recommendations with respect to disclosure of charges and
fees for air ambulance services and insurance coverage,
consumer protection and enforcement authorities of both the
Department of Transportation and State authorities, and the
prevention of balance billing to consumers. The
recommendations shall address, at a minimum--
(1) the costs, benefits, practicability, and impact on all
stakeholders of clearly distinguishing between charges for
air transportation services and charges for non-air
transportation services in bills and invoices, including the
costs, benefits, and practicability of--
(A) developing cost-allocation methodologies to separate
charges for air transportation services from charges for non-
air transportation services; and
(B) formats for bills and invoices that clearly distinguish
between charges for air transportation services and charges
for non-air transportation services;
(2) options, best practices, and identified standards to
prevent instances of balance billing such as improving
network and contract negotiation, dispute resolution between
health insurance and air medical service providers, and
explanation of insurance coverage and subscription programs
to consumers;
(3) steps that can be taken by State legislatures, State
insurance regulators, State attorneys general, and other
State officials as appropriate, consistent with current legal
authorities regarding consumer protection;
(4) recommendations made by the Comptroller General study,
GAO-17-637, including what additional data from air ambulance
providers and other sources should be collected by the
Department of Transportation to improve its understanding of
the air ambulance market and oversight of the air ambulance
industry for the purposes of pursuing action related to
unfair or deceptive practices or unfair methods of
competition, which may include--
(A) cost data;
(B) standard charges and payments received per transport;
(C) whether the provider is part of a hospital-sponsored
program, municipality-sponsored program, hospital-independent
partnership (hybrid) program, or independent program;
(D) number of transports per base and helicopter;
(E) market shares of air ambulance providers inclusive of
any parent or holding companies;
(F) any data indicating the extent of competition among air
ambulance providers on the basis of price and service;
(G) prices assessed to consumers and insurers for air
transportation and any non-transportation services provided
by air ambulance providers; and
(H) financial performance of air ambulance providers;
(5) definitions of all applicable terms that are not
defined in statute or regulations; and
(6) other matters as determined necessary or appropriate.
(e) Report.--Not later than 180 days after the date of the
first meeting of the advisory committee, the advisory
committee shall submit to the Secretary of Transportation,
the Secretary of Health and Human Services, and the
appropriate committees of Congress a report containing the
recommendations made under subsection (d).
(f) Rulemaking.--Upon receipt of the report under
subsection (e), the Secretary of Transportation shall
consider the recommendations of the advisory committee and
issue regulations or other guidance as deemed necessary--
(1) to require air ambulance providers to regularly report
data to the Department of Transportation;
(2) to increase transparency related to Department of
Transportation actions related to consumer complaints; and
(3) to provide other consumer protections for customers of
air ambulance providers.
(g) Elimination of Advisory Council on Transportation
Statistics.--The Advisory Council on Transportation
Statistics shall terminate on the date of enactment of this
Act.
SEC. 419. AIR AMBULANCE COMPLAINTS TO THE DEPARTMENT OF
TRANSPORTATION.
(a) Consumer Complaints.--Section 42302 of title 49, United
States Code, is further amended--
(1) in subsection (a) by inserting ``(including
transportation by air ambulance (as defined by the Secretary
of Transportation))'' after ``air transportation''; and
(2) by adding at the end the following:
``(e) Air Ambulance Providers.--Each air ambulance provider
shall include the hotline telephone number, link to the
Internet website established under subsection (a), and
contact information for the Aviation Consumer Advocate
established under section 425 on--
``(1) any invoice, bill, or other communication provided to
a passenger or customer of the provider; and
``(2) its Internet Web site, and any related mobile device
application.''.
(b) Unfair and Deceptive Practices and Unfair Methods of
Competition.--Section 41712(a) of title 49, United States
Code, is amended by inserting ``air ambulance consumer (as
defined by the Secretary of Transportation),'' after
``foreign air carrier,'' in the first place it appears.
SEC. 420. REPORT TO CONGRESS ON AIR AMBULANCE OVERSIGHT.
(a) In General.--Not later than 180 days after submission
of the report required under section 418, the Secretary of
Transportation shall submit a report to the appropriate
committees of Congress on air ambulance oversight.
(b) Contents of Report.--The report required under
subsection (a) shall include--
(1) a description of how the Secretary will conduct
oversight of air ambulance providers, including the
information sources the Secretary will use to conduct such
oversight; and
(2) a timeline for the issuance of any guidance concerning
unfair and deceptive practices among air ambulance providers,
including guidance for States and political subdivisions of
States to refer such matters to the Secretary.
SEC. 421. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A
COVERED AIR CARRIER.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall promulgate
regulations that require each covered air carrier to promptly
provide a refund to a passenger of any ancillary fees paid
for services related to air travel that the passenger does
not receive, including on the passenger's scheduled flight,
on a subsequent replacement itinerary if there has been a
rescheduling, or for a flight not taken by the passenger.
SEC. 422. ADVANCE BOARDING DURING PREGNANCY .
Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall review air carrier
policies regarding traveling during pregnancy and, if
appropriate, may revise regulations, as the Secretary
considers necessary, to require an air carrier to offer
advance boarding of an aircraft to a pregnant passenger who
requests such assistance.
SEC. 423. CONSUMER COMPLAINT PROCESS IMPROVEMENT.
(a) In General.--Section 42302(c) of title 49, United
States Code is amended--
(1) in the matter preceding paragraph (1), by striking ``An
air carrier or foreign air carrier providing scheduled air
transportation using any aircraft that as originally designed
has a passenger capacity of 30 or more passenger seats'' and
inserting ``Each air carrier and foreign air carrier'';
(2) in paragraph (1), by striking ``air carrier'' and
inserting ``carrier''; and
(3) in paragraph (2), by striking ``air carrier'' and
inserting ``carrier''.
(b) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
promulgate regulations to implement the requirements of
section 42302 of title 49, United States Code, as amended by
this Act.
SEC. 424. AVIATION CONSUMER ADVOCATE.
(a) In General.--The Secretary of Transportation shall
review aviation consumer complaints received that allege a
violation of law and, as appropriate, pursue enforcement or
corrective actions that would be in the public interest.
(b) Considerations.--In considering which cases to pursue
for enforcement or corrective action under subsection (a),
the Secretary shall consider--
(1) the Air Carrier Access Act of 1986 (Public Law 99-435;
100 Stat. 1080);
(2) unfair and deceptive practices by air carriers
(including air ambulance operators), foreign air carriers,
and ticket agents;
(3) the terms and conditions agreed to between passengers
and air carriers (including air ambulance operators), foreign
air carriers, or ticket agents;
(4) aviation consumer protection and tarmac delay
contingency planning requirements for both airports and
airlines;
(5) protection of air ambulance consumers; and
(6) any other applicable law.
(c) Aviation Consumer Advocate.--
(1) In general.--Within the Aviation Consumer Protection
Division of the Department of Transportation, there shall be
an Aviation Consumer Advocate.
[[Page H8949]]
(2) Functions.--The Aviation Consumer Advocate shall--
(A) assist consumers in resolving carrier service
complaints filed with the Aviation Consumer Protection
Division;
(B) review the resolution by the Department of
Transportation of carrier service complaints;
(C) identify and recommend actions the Department can take
to improve the enforcement of aviation consumer protection
rules, protection of air ambulance consumers, and resolution
of carrier service complaints; and
(D) identify and recommend regulations and policies that
can be amended to more effectively resolve carrier service
complaints.
(d) Annual Reports.--The Secretary, through the Aviation
Consumer Advocate, shall submit to the appropriate committees
of Congress an annual report summarizing the following:
(1) The total number of annual complaints received by the
Department, including the number of complaints by the name of
each air carrier and foreign air carrier.
(2) The total number of annual complaints by category of
complaint.
(3) The number of complaints referred in the preceding year
for enforcement or corrective action by the Department.
(4) Any recommendations under paragraphs (2)(C) and (2)(D)
of subsection (c).
(5) Such other data as the Aviation Consumer Advocate
considers appropriate.
(e) Sunset on Reporting Requirement.--The reporting
requirement of subsection (d) shall terminate on September
30, 2023.
SEC. 425. TICKETS ACT.
(a) Short Title.--This section may be cited as the
``Transparency Improvements and Compensation to Keep Every
Ticketholder Safe Act of 2018'' or the ``TICKETS Act''.
(b) Boarded Passengers.--Beginning on the date of enactment
of this Act, a covered air carrier may not deny a revenue
passenger traveling on a confirmed reservation permission to
board, or involuntarily remove that passenger from the
aircraft, once a revenue passenger has--
(1) checked in for the flight prior to the check-in
deadline; and
(2) had their ticket or boarding pass collected or
electronically scanned and accepted by the gate agent.
(c) Limitations.--The prohibition pursuant to subsection
(b) shall not apply when--
(1) there is a safety, security, or health risk with
respect to that revenue passenger or there is a safety or
security issue requiring removal of a revenue passenger; or
(2) the revenue passenger is engaging in behavior that is
obscene, disruptive, or otherwise unlawful.
(d) Rule of Construction.--Nothing in this section may be
construed to limit or otherwise affect the responsibility or
authority of a pilot in command of an aircraft under section
121.533 of title 14, Code of Federal Regulations, or limit
any penalty under section 46504 of title 49, United States
Code.
(e) Involuntary Denied Boarding Compensation.--Not later
than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall issue a final rule to
revise part 250 of title 14, Code of Federal Regulations, to
clarify that--
(1) there is not a maximum level of compensation an air
carrier or foreign air carrier may pay to a passenger who is
involuntarily denied boarding as the result of an oversold
flight;
(2) the compensation levels set forth in that part are the
minimum levels of compensation an air carrier or foreign air
carrier must pay to a passenger who is involuntarily denied
boarding as the result of an oversold flight; and
(3) an air carrier or foreign air carrier must proactively
offer to pay compensation to a passenger who is voluntarily
or involuntarily denied boarding on an oversold flight,
rather than waiting until the passenger requests the
compensation.
(f) GAO Report on Oversales.--
(1) In general.--The Comptroller General of the United
States shall review airline policies and practices related to
oversales of flights.
(2) Considerations.--In conducting the review under
paragraph (1), the Comptroller General shall examine--
(A) the impact on passengers as a result of an oversale,
including increasing or decreasing the costs of passenger air
transportation;
(B) economic and operational factors which result in
oversales;
(C) whether, and if so how, the incidence of oversales
varies depending on markets;
(D) potential consequences on the limiting of oversales;
and
(E) best practices on how oversale policies can be
communicated to passengers at airline check-in desks and
airport gates.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
review under paragraph (2).
(g) Gate Notice of Policies.--The Secretary may provide
guidance on how these policies should be communicated at
covered air carrier check-in desks and airport gates.
SEC. 426. REPORT ON AVAILABILITY OF LAVATORIES ON COMMERCIAL
AIRCRAFT.
Not later than 180 days after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to the appropriate committees of Congress a report
assessing--
(1) the availability of functional lavatories on commercial
aircraft
(2) the extent to which flights take off without functional
lavatories;
(3) the ability of passengers with disabilities to access
lavatories on commercial aircraft;
(4) the extent of complaints to the Department of
Transportation and air carriers related to lavatories and
efforts they have taken to address complaints; and
(5) the extent to which air carriers are reducing the size
and number of lavatories to add more seats and whether this
creates passenger lavatory access issues.
SEC. 427. CONSUMER PROTECTION REQUIREMENTS RELATING TO LARGE
TICKET AGENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
issue a final rule to require large ticket agents to adopt
minimum customer service standards.
(b) Purpose.--The purpose of the final rule shall be to
ensure that, to the extent feasible, there is a consistent
level of consumer protection regardless of where consumers
purchase air fares and related air transportation services.
(c) Standards.--In issuing the final rule, the Secretary
shall consider, to the extent feasible, establishing
standards consistent with all customer service and disclosure
requirements applicable to covered air carriers under this
title and associated regulations.
(d) Definitions.--In this section, the following
definitions apply:
(1) Ticket agent.--
(A) In general.--Subject to subparagraph (B), the term
``ticket agent'' has the meaning given that term in section
40102(a) of title 49, United States Code.
(B) Inclusion.--The term ``ticket agent'' includes a person
who acts as an intermediary involved in the sale of air
transportation directly or indirectly to consumers, including
by operating an electronic airline information system, if the
person--
(i) holds the person out as a source of information about,
or reservations for, the air transportation industry; and
(ii) receives compensation in any way related to the sale
of air transportation.
(2) Large ticket agent.--The term ``large ticket agent''
means a ticket agent with annual revenues of $100,000,000 or
more.
(e) Enforcement.--No large ticket agent may be found in
noncompliance of any standard or requirement adopted in the
final rule required by this section if--
(1) the large ticket agent is unable to meet the new
standard or requirement due to the lack of information or
data from the covered air carrier and the information is
required for the large ticket agent to comply with such
standard or requirement; or
(2) the sale of air transportation is made by a large
ticket agent pursuant to a specific corporate or government
fare management contract.
SEC. 428. WIDESPREAD DISRUPTIONS.
(a) In General.--Chapter 423 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 42304. Widespread disruptions
``(a) General Requirements.--In the event of a widespread
disruption, a covered air carrier shall immediately publish,
via a prominent link on the air carrier's public internet
website, a clear statement indicating whether, with respect
to a passenger of the air carrier whose travel is interrupted
as a result of the widespread disruption, the air carrier
will--
``(1) provide for hotel accommodations;
``(2) arrange for ground transportation;
``(3) provide meal vouchers;
``(4) arrange for air transportation on another air carrier
or foreign air carrier to the passenger's destination; and
``(5) provide for sleeping facilities inside the airport
terminal.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Widespread disruption.--The term `widespread
disruption' means, with respect to a covered air carrier, the
interruption of all or the overwhelming majority of the air
carrier's systemwide flight operations, including flight
delays and cancellations, as the result of the failure of 1
or more computer systems or computer networks of the air
carrier.
``(2) Covered air carrier.--The term `covered air carrier'
means an air carrier that provides scheduled passenger air
transportation by operating an aircraft that as originally
designed has a passenger capacity of 30 or more seats.
``(c) Savings Provision.--Nothing in this section may be
construed to modify, abridge, or repeal any obligation of an
air carrier under section 42301.''.
(b) Conforming Amendment.--The analysis for chapter 423 of
title 49, United States Code, is amended by adding at the end
the following:
``42304. Widespread disruptions.''.
SEC. 429. PASSENGER RIGHTS.
(a) Guidelines.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
require each covered air carrier to submit a summarized 1-
page document that describes the rights of passengers in air
transportation, including guidelines for the following:
(1) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight delays of various lengths.
(2) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight diversions.
[[Page H8950]]
(3) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight cancellations.
(4) Compensation for mishandled baggage, including delayed,
damaged, pilfered, or lost baggage.
(5) Voluntary relinquishment of a ticketed seat due to
overbooking or priority of other passengers.
(6) Involuntary denial of boarding and forced removal for
whatever reason, including for safety and security reasons.
(b) Filing of Summarized Guidelines.--Not later than 90
days after each air carrier submits its guidelines to the
Secretary under subsection (a), the air carrier shall make
available such 1-page document in a prominent location on its
website.
Subtitle B--Aviation Consumers With Disabilities
SEC. 431. AVIATION CONSUMERS WITH DISABILITIES STUDY.
(a) Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study that includes--
(1) a review of airport accessibility best practices for
individuals with disabilities, including best practices that
improve infrastructure facilities and communications methods,
including those related to wayfinding, amenities, and
passenger care;
(2) a review of air carrier and airport training policies
related to section 41705 of title 49, United States Code;
(3) a review of air carrier training policies related to
properly assisting passengers with disabilities; and
(4) a review of accessibility best practices that exceed
those recommended under Public Law 90-480 (popularly known as
the Architectural Barriers Act of 1968; 42 U.S.C. 4151 et
seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), the Air Carrier Access Act of 1986 (Public Law 99-435;
100 Stat. 1080 et seq.), and the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.).
(b) Report.--Not later than 1 year after the date the
Comptroller General initiates the study under subsection (a),
the Comptroller General shall submit to the Secretary of
Transportation and the appropriate committees of Congress a
report on the study, including findings and recommendations.
SEC. 432. STUDY ON IN-CABIN WHEELCHAIR RESTRAINT SYSTEMS.
(a) Study.--Not later than 2 years after the date of
enactment of this Act, the Architectural and Transportation
Barriers Compliance Board, in consultation with the Secretary
of Transportation, aircraft manufacturers, air carriers, and
disability advocates, shall conduct a study to determine--
(1) the feasibility of in-cabin wheelchair restraint
systems; and
(2) if feasible, the ways in which individuals with
significant disabilities using wheelchairs, including power
wheelchairs, can be accommodated with in-cabin wheelchair
restraint systems.
(b) Report.--Not later than 1 year after the initiation of
the study under subsection (a), the Architectural and
Transportation Barriers Compliance Board shall submit to the
appropriate committees of Congress a report on the findings
of the study.
SEC. 433. IMPROVING WHEELCHAIR ASSISTANCE FOR INDIVIDUALS
WITH DISABILITIES .
Following the receipt of the report required under section
2107 of the FAA Extension, Safety, and Security Act of 2016
(Public Law 114-190; 130 Stat. 622), the Secretary of
Transportation shall develop, if appropriate, specific
recommendations regarding improvements to wheelchair
assistance provided by air carriers and recommendations on
how training programs by air carriers can address consumer
complaints regarding wheelchair assistance.
SEC. 434. AIRLINE PASSENGERS WITH DISABILITIES BILL OF
RIGHTS.
(a) Airline Passengers With Disabilities Bill of Rights.--
The Secretary of Transportation shall develop a document, to
be known as the ``Airline Passengers with Disabilities Bill
of Rights'', using plain language to describe the basic
protections and responsibilities of covered air carriers,
their employees and contractors, and people with disabilities
under the section 41705 of title 49, United States Code.
(b) Content.--In developing the Airline Passengers with
Disabilities Bill of Rights under subsection (a), the
Secretary shall include, at a minimum, plain language
descriptions of protections and responsibilities provided in
law related to the following:
(1) The right of passengers with disabilities to be treated
with dignity and respect.
(2) The right of passengers with disabilities to receive
timely assistance, if requested, from properly trained
covered air carrier and contractor personnel.
(3) The right of passengers with disabilities to travel
with wheelchairs, mobility aids, and other assistive devices,
including necessary medications and medical supplies,
including stowage of such wheelchairs, aids, and devices.
(4) The right of passengers with disabilities to receive
seating accommodations, if requested, to accommodate a
disability.
(5) The right of passengers with disabilities to receive
announcements in an accessible format.
(6) The right of passengers with disabilities to speak with
a complaint resolution officer or to file a complaint with a
covered air carrier or the Department of Transportation.
(c) Rule of Construction.--The development of the Airline
Passengers with Disabilities Bill of Rights under subsections
(a) and (b) shall not be construed as expanding or
restricting the rights available to passengers with
disabilities on the day before the date of the enactment of
this Act pursuant to any statute or regulation.
(d) Consultations.--In developing the Airline Passengers
with Disabilities Bill of Rights under subsection (a), the
Secretary of Transportation shall consult with stakeholders,
including disability organizations and covered air carriers
and their contractors.
(e) Display.--Each covered air carrier shall include the
Airline Passengers with Disabilities Bill of Rights--
(1) on a publicly available internet website of the covered
air carrier; and
(2) in any pre-flight notifications or communications
provided to passengers who alert the covered air carrier in
advance of the need for accommodations relating to a
disability.
(f) Training.--Covered air carriers and contractors of
covered air carriers shall submit to the Secretary of
Transportation plans that ensure employees of covered air
carriers and their contractors receive training on the
protections and responsibilities described in the Airline
Passengers with Disabilities Bill of Rights. The Secretary
shall review such plans to ensure the plans address the
matters described in subsection (b).
SEC. 435. SENSE OF CONGRESS REGARDING EQUAL ACCESS FOR
INDIVIDUALS WITH DISABILITIES.
It is the sense of Congress that--
(1) the aviation industry and every relevant stakeholder
must work to ensure that every individual who experiences a
disability has equal access to air travel;
(2) as technology and ease of travel continue to advance,
accessibility must be a priority; and
(3) accommodations must--
(A) extend to every airport and service or facility of an
air carrier; and
(B) be inclusive of every disability.
SEC. 436. CIVIL PENALTIES RELATING TO HARM TO PASSENGERS WITH
DISABILITIES.
Section 46301(a) of title 49, United States Code, is
amended by adding at the end the following:
``(7) Penalties Relating to Harm to Passengers With
Disabilities.--
``(A) Penalty for bodily harm or damage to wheelchair or
other mobility aid.--The amount of a civil penalty assessed
under this section for a violation of section 41705 that
involves damage to a passenger's wheelchair or other mobility
aid or injury to a passenger with a disability may be
increased above the otherwise applicable maximum amount under
this section for a violation of section 41705 to an amount
not to exceed 3 times the maximum penalty otherwise allowed.
``(B) Each act constitutes separate offense.--
Notwithstanding paragraph (2), a separate violation of
section 41705 occurs for each act of discrimination
prohibited by that section.''.
SEC. 437. HARMONIZATION OF SERVICE ANIMAL STANDARDS.
(a) Rulemaking.--The Secretary of Transportation shall
conduct a rulemaking proceeding--
(1) to define the term ``service animal'' for purposes of
air transportation; and
(2) to develop minimum standards for what is required for
service and emotional support animals carried in aircraft
cabins.
(b) Considerations.--In conducting the rulemaking under
subsection (a), the Secretary shall consider, at a minimum--
(1) whether to align the definition of ``service animal''
with the definition of that term in regulations of the
Department of Justice implementing the Americans with
Disabilities Act of 1990 (Public Law 101-336);
(2) reasonable measures to ensure pets are not claimed as
service animals, such as--
(A) whether to require photo identification for a service
animal identifying the type of animal, the breed of animal,
and the service the animal provides to the passenger;
(B) whether to require documentation indicating whether or
not a service animal was trained by the owner or an approved
training organization;
(C) whether to require, from a licensed physician,
documentation indicating the mitigating task or tasks a
service animal provides to its owner; and
(D) whether to allow a passenger to be accompanied by more
than 1 service animal;
(3) reasonable measures to ensure the safety of all
passengers, such as--
(A) whether to require health and vaccination records for a
service animal; and
(B) whether to require third-party proof of behavioral
training for a service animal;
(4) the impact additional requirements on service animals
could have on access to air transportation for passengers
with disabilities; and
(5) if impacts on access to air transportation for
passengers with disabilities are found, ways to eliminate or
mitigate those impacts.
(c) Final Rule.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue a final rule
pursuant to the rulemaking conducted under this section.
SEC. 438. REVIEW OF PRACTICES FOR TICKETING, PRE-FLIGHT SEAT
ASSIGNMENTS, AND STOWING OF ASSISTIVE DEVICES
FOR PASSENGERS WITH DISABILITIES.
(a) Review.--
[[Page H8951]]
(1) In general.--Not later than 30 days after the first
meeting of the advisory committee on the air travel needs of
passengers with disabilities established in section 439
(referred to in this section as the ``Advisory Committee''),
the Secretary of Transportation shall direct the Advisory
Committee to review current regulations with respect to
practices for ticketing, pre-flight seat assignments, and
stowing of assistive devices for passengers with
disabilities.
(2) Recommendations.--In carrying out the review under
paragraph (1), the Advisory Committee shall, at a minimum,
provide recommendations on whether current regulations should
be modified or prescribed to--
(A) provide accommodations for passengers with
disabilities, if requested, in ticketing and pre-flight
assignments;
(B) require covered air carriers to provide priority access
to bulkhead seating to passengers with disabilities who need
access to features of those seats due to disabilities
regardless of class of service of ticket purchased; and
(C) ensure passengers with disabilities are able to stow
assistive devices without cost.
(b) Report.--Not later than 6 months after the date of
their first meeting, the Advisory Committee shall submit to
the Secretary of Transportation and the appropriate
committees of Congress a report on the review conducted under
subsection (a)(1), including the recommendations developed
under subsection (a)(2).
SEC. 439. ADVISORY COMMITTEE ON THE AIR TRAVEL NEEDS OF
PASSENGERS WITH DISABILITIES.
(a) Establishment.--The Secretary of Transportation shall
establish an advisory committee on issues related to the air
travel needs of passengers with disabilities (referred to in
this section as the ``Advisory Committee'').
(b) Duties.--The Advisory Committee shall--
(1) identify and assess the disability-related access
barriers encountered by passengers with disabilities;
(2) determine the extent to which the programs and
activities of the Department of Transportation are addressing
the barriers identified in paragraph (1);
(3) recommend consumer protection improvements to the air
travel experience of passengers with disabilities;
(4) advise the Secretary with regard to the implementation
of section 41705 of title 49, United States Code; and
(5) conduct such activities as the Secretary considers
necessary to carry out this section.
(c) Membership.--
(1) In general.--The Advisory Committee shall be composed
of at least 1 representative of each of the following groups:
(A) Passengers with disabilities.
(B) National disability organizations.
(C) Air carriers.
(D) Airport operators.
(E) Contractor service providers.
(F) Aircraft manufacturers.
(G) Wheelchair manufacturers.
(H) National veterans organizations representing disabled
veterans.
(2) Appointment.--The Secretary of Transportation shall
appoint each member of the Advisory Committee.
(3) Vacancies.--A vacancy in the Advisory Committee shall
be filled in the manner in which the original appointment was
made.
(d) Chairperson.--The Secretary of Transportation shall
designate, from among the members appointed under subsection
(c), an individual to serve as chairperson of the Advisory
Committee.
(e) Travel Expenses.--Members of the Advisory Committee
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(f) Reports.--
(1) In general.--Not later than 14 months after the date of
establishment of the Advisory Committee, and annually
thereafter, the Advisory Committee shall submit to the
Secretary of Transportation a report on the needs of
passengers with disabilities in air travel, including--
(A) an assessment of existing disability-related access
barriers, and any emerging disability-related access barriers
that will likely be an issue in the next 5 calendar years;
(B) an evaluation of the extent to which the Department of
Transportation's programs and activities are eliminating
disability-related access barriers;
(C) a description of the Advisory Committee's actions;
(D) a description of improvements related to the air travel
experience of passengers with disabilities; and
(E) any recommendations for legislation, administrative
action, or other action that the Advisory Committee considers
appropriate.
(2) Report to congress.--Not later than 60 days after the
date the Secretary receives the report under paragraph (1),
the Secretary shall submit to the appropriate committees of
Congress a copy of the report, including any additional
findings or recommendations that the Secretary considers
appropriate.
(g) Termination.--The Advisory Committee established under
this section shall terminate on September 30, 2023.
(h) Termination of the Next Generation Air Transportation
System Senior Policy Committee.--The Next Generation Air
Transportation System Senior Policy Committee established by
the Secretary of Transportation shall terminate on the date
of the initial appointment of the members of the Advisory
Committee.
SEC. 440. REGULATIONS ENSURING ASSISTANCE FOR PASSENGERS WITH
DISABILITIES IN AIR TRANSPORTATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation
shall--
(1) review, and if necessary revise, applicable regulations
to ensure that passengers with disabilities who request
assistance while traveling in air transportation receive
dignified, timely, and effective assistance at airports and
on aircraft from trained personnel; and
(2) review, and if necessary revise, applicable regulations
related to covered air carrier training programs for air
carrier personnel, including contractors, who provide
physical assistance to passengers with disabilities to ensure
that training under such programs--
(A) occurs on an annual schedule for all new and continuing
personnel charged with providing physical assistance; and
(B) includes, as appropriate, instruction by personnel,
with hands-on training for employees who physically lift or
otherwise physically assist passengers with disabilities,
including the use of relevant equipment.
(b) Types of Assistance.--The assistance referred to
subsection (a)(1) may include requests for assistance in
boarding or deplaning an aircraft, requests for assistance in
connecting between flights, and other similar or related
requests, as appropriate.
SEC. 441. TRANSPARENCY FOR DISABLED PASSENGERS.
The compliance date of the final rule, dated November 2,
2016, on the reporting of data for mishandled baggage and
wheelchairs in aircraft cargo compartments (81 Fed. Reg.
76300) shall be effective not later than 60 days after the
date of enactment of this Act.
Subtitle C--Small Community Air Service
SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION.
(a) In General.--Section 41742(a)(2) of title 49, United
States Code, is amended by striking ``$150,000,000 for fiscal
year 2011'' and all that follows before ``to carry out'' and
inserting ``$155,000,000 for fiscal year 2018, $158,000,000
for fiscal year 2019, $161,000,000 for fiscal year 2020,
$165,000,000 for fiscal year 2021, $168,000,000 for fiscal
year 2022, and $172,000,000 for fiscal year 2023''.
(b) Seasonal Service.--The Secretary of Transportation may
consider the flexibility of current operational dates and
airport accessibility to meet local community needs when
issuing requests for proposal of essential air service at
seasonal airports.
SEC. 452. STUDY ON ESSENTIAL AIR SERVICE REFORM.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the effects of section 6 of
the Airport and Airway Extension Act of 2011, Part IV (Public
Law 112-27), section 421 of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95), and other relevant Federal
laws enacted after 2010, including the amendments made by
those laws, on the Essential Air Service program.
(2) Scope.--In conducting the study under paragraph (1),
the Comptroller General shall analyze, at a minimum--
(A) the impact of each relevant Federal law, including the
amendments made by each law, on the Essential Air Service
program;
(B) what actions communities and air carriers have taken to
reduce ticket prices or increase enplanements as a result of
each law;
(C) the issuance of waivers by the Secretary under section
41731(e) of title 49, United States Code;
(D) whether budgetary savings resulted from each law; and
(E) options for further reform of the Essential Air Service
program.
(b) Required Analysis on Communities.--In carrying out
subsection (a)(2)(E) the Comptroller General shall include,
for each option for further reform, an analysis of the impact
on local economies of communities with airports receiving
Essential Air Service funding, access to air travel for
residents of rural communities and the impact to local
businesses in such communities.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the study conducted under subsection (a).
SEC. 453. AIR TRANSPORTATION TO NONELIGIBLE PLACES.
(a) Definitions.--Section 41731(a)(1)(A)(ii) of title 49,
United States Code, is amended by striking ``Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century,''
and inserting ``FAA Extension, Safety, and Security Act of
2016 (Public Law 114-190),''.
(b) Program Sunset.--Section 41736 of title 49, United
States Code, is amended by adding at the end the following:
``(h) Sunset.--
``(1) Proposals.--No proposal under subsection (a) may be
accepted by the Secretary after the date of enactment of this
subsection.
``(2) Program.--The Secretary may not provide any
compensation under this section after the date that is 2
years after the date of enactment of this subsection.''.
SEC. 454. INSPECTOR GENERAL REVIEW OF SERVICE AND OVERSIGHT
OF UNSUBSIDIZED CARRIERS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the
[[Page H8952]]
inspector general of the Department of Transportation shall
conduct and complete a review of orders issued by the
Department of Transportation from 2005 through the date of
enactment of this Act to determine whether the carriers
providing unsubsidized service provided basic essential air
service, and whether the Department conducted sufficient
oversight of carriers providing unsubsidized service to
ensure air service quality and community satisfaction.
(b) Contents.--The review shall include, at a minimum--
(1) a review of the Department's efforts to communicate to
the community served by the unsubsidized carrier on any
material air service changes; and
(2) a review of the Department's efforts to closely monitor
the quality of air service provided by the unsubsidized
carrier and request proposals for basic essential air service
if necessary.
(c) Report.--Not later than 30 days after the date of
completion of the review, the inspector general shall submit
to the appropriate committees of Congress a report on the
results of the review.
SEC. 455. SMALL COMMUNITY AIR SERVICE.
(a) Eligibility.--Section 41743(c) of title 49, United
States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Size.--On the date of submission of the relevant
application under subsection (b), the airport serving the
community or consortium--
``(A) is not larger than a small hub airport, as determined
using the Department of Transportation's most recently
published classification; and
``(B) has--
``(i) insufficient air carrier service; or
``(ii) unreasonably high air fares.'';
(2) by striking paragraph (4) and inserting the following:
``(4) Overall limit.--
``(A) In general.--No more than 40 communities or consortia
of communities, or a combination thereof, may be selected to
participate in the program in each year for which funds are
appropriated for the program.
``(B) Same projects.--Except as provided in subparagraph
(C), no community, consortia of communities, or combination
thereof may participate in the program in support of the same
project more than once in a 10-year period, but any
community, consortia of communities, or combination thereof
may apply, subsequent to such participation, to participate
in the program in support of a different project at any time.
``(C) Exception.--The Secretary may waive the limitation
under subparagraph (B) related to projects that are the same
if the Secretary determines that the community or consortium
spent little or no money on its previous project or
encountered industry or environmental challenges, due to
circumstances that were reasonably beyond the control of the
community or consortium.'';
(3) in paragraph (5)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
``(E) the assistance will be used to help restore scheduled
passenger air service that has been terminated;''.
(b) Authority to Make Agreements.--Section 41743(e)(1) of
title 49, United States Code, is amended by adding at the end
the following: ``The Secretary may amend the scope of a grant
agreement at the request of the community or consortium and
any participating air carrier, and may limit the scope of a
grant agreement to only the elements using grant assistance
or to only the elements achieved, if the Secretary determines
that the amendment is reasonably consistent with the original
purpose of the project.''
(c) Authorization of Appropriations.--Section 41743(e)(2)
of title 49, United States Code, is amended to read as
follows:
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $10,000,000 for each of
fiscal years 2018 through 2023 to carry out this section.
Such sums shall remain available until expended.''.
SEC. 456. WAIVERS.
Section 41732 is amended by adding at the end the
following:
``(c) Waivers.--Notwithstanding section 41733(e), upon
request by an eligible place, the Secretary may waive, in
whole or in part, subsections (a) and (b) of this section or
subsections (a) through (c) of section 41734. A waiver issued
under this subsection shall remain in effect for a limited
period of time, as determined by the Secretary.''.
SEC. 457. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE
ADJUSTMENT ELIGIBILITY.
Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 458. REDUCTION IN SUBSIDY-PER-PASSENGER.
Section 426 of the FAA Modernization and Reform Act of 2012
(126 Stat. 98) is amended by adding at the end the following:
``(d) Reduction in Subsidy-per-passenger.--
``(1) In general.--The Secretary shall waive application of
the subsidy-per-passenger cap described under subsection (c)
if the Secretary finds that the community's subsidy-per-
passenger for a fiscal year is lower than the subsidy-per-
passenger for any of the 3 previous fiscal years.
``(2) Exception.--The Secretary shall waive application of
the subsidy-per-passenger cap if the subsidy-per-passenger
for a fiscal year is less than 10 percent higher than the
highest subsidy-per-passenger from any of the 3 previous
fiscal years. The Secretary may only waive application of the
subsidy-per-passenger cap under this paragraph once per
community.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to limit the Secretary's ability under
subsection (c) to waive application of the subsidy-per-
passenger cap.''.
TITLE V--MISCELLANEOUS
SEC. 501. DEFINITIONS.
In this title, the following definitions apply:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(3) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(4) ADS-B out.--The term ``ADS-B Out'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(5) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(6) Nextgen.--The term ``NextGen'' means the Next
Generation Air Transportation System.
SEC. 502. REPORT ON AIR TRAFFIC CONTROL MODERNIZATION.
(a) FAA Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing the
multiyear effort of the Administration to modernize the air
transportation system (in this section referred to as the
``modernization effort''), including--
(1) the number of years that the modernization effort has
been underway as of the date of the report;
(2) the total amount of money expended on the modernization
effort as of the date of the report (including a description
of how that amount was calculated);
(3) the net present value of the benefits reported from
aircraft operators resulting from the money expended on the
modernization effort as of the date of the report;
(4) a definition for NextGen, including a description of
any changes to that definition that occurred between 2003 and
the date of the report;
(5) the net present value of the money expended on NextGen
as of the date of the report if such money had been deposited
into a Government trust fund instead of being expended on
NextGen;
(6) a description of the benefits promised and benefits
delivered with respect to NextGen as of the date of the
report;
(7) any changes to the benefits promised with respect to
NextGen between the date on which NextGen began and the date
of the report;
(8) a description of each program or project that comprises
NextGen, including--
(A) when the program or project was initiated;
(B) the total budget for the program or project;
(C) the initial budget for the program or project;
(D) the acquisition program baseline for the program or
project;
(E) whether the program or project has ever breached the
acquisition program baseline and, if so, a description of
when, why, and how the breach was resolved;
(F) whether the program or project has been re-baselined or
divided into smaller segments and, if so, a description of
when, why, and the impact to the cost of the program or
project;
(G) the initial schedule for the program or project;
(H) whether the program or project was delayed and, if so,
a description of how long, why, and the impact to the cost of
the program or project;
(I) whether the Administration changed any contract term or
deliverable for the program or project and, if so, a
description of the change, why it happened, and the impact to
the cost of the program or project;
(J) benefits promised with respect to the program or
project at initiation;
(K) benefits delivered with respect to the program or
project as of the date of the report;
(L) whether the program or project was cancelled and, if
so, a description of why and when;
(M) for cancelled programs or projects, whether there were
any costs associated with the decision to cancel and, if so,
a description of the amount of the costs (including for both
the Administration and the private sector);
(N) the metrics, milestones, and deadlines set for the
program or project and how the Administration tracked and
ensured compliance with those metrics, milestones, and
deadlines;
(O) how the Administration conducted oversight of the
program or project and any related stakeholder collaboration
efforts;
(P) the status of the program or project as of the date of
the report; and
[[Page H8953]]
(Q) an assessment of the key risks to the full
implementation of the program and a description of how the
Administration is mitigating, or plans to mitigate, those
risks;
(9) the date upon which, or milestone by which, the
Administration anticipates NextGen will be complete; and
(10) any lessons learned during the NextGen effort, and
whether, how, and to what effect those lessons have been
applied.
(b) Inspector General Report.--Not later than 270 days
after the date on which the report required under subsection
(a) is submitted, the inspector general of the Department of
Transportation shall review the report and submit to the
appropriate committees of Congress a statement of the
inspector general that--
(1) determines the accuracy of the information reported;
(2) describes any concerns with the accuracy of the
information reported;
(3) summarizes concerns raised by the inspector general,
the Government Accountability Office, and other sources with
respect to the Administration's implementation and oversight
of NextGen since the date on which NextGen began;
(4) describes--
(A) any pertinent recommendations made by the inspector
general related to the Administration's implementation and
oversight of NextGen since the date on which NextGen began;
and
(B) whether and how the Administration addressed the
recommendations; and
(5) provides any other information that the inspector
general determines is appropriate.
SEC. 503. RETURN ON INVESTMENT REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the date
that each NextGen program has a positive return on
investment, the Administrator shall submit to the appropriate
committees of Congress a report on the status of each NextGen
program, including the most recent NextGen priority list
under subsection (c).
(b) Contents.--The report under subsection (a) shall
include, for each NextGen program--
(1) an estimate of the date the program will have a
positive return on investment;
(2) an explanation for any delay in the delivery of
expected benefits from previously published estimates on
delivery of such benefits, in implementing or utilizing the
program;
(3) an estimate of the completion date;
(4) an assessment of the long-term and near-term user
benefits of the program for--
(A) the Federal Government; and
(B) the users of the national airspace system; and
(5) a description of how the program directly contributes
to a safer and more efficient air traffic control system.
(c) NextGen Priority List.--Based on the assessment under
subsection (a), the Administrator shall--
(1) develop, in coordination with the NextGen Advisory
Committee and considering the need for a balance between
long-term and near-term user benefits, a prioritization of
the NextGen programs;
(2) annually update the priority list under paragraph (1);
and
(3) prepare budget submissions to reflect the current
status of NextGen programs and projected returns on
investment for each NextGen program.
(d) Definition of Return on Investment.--In this section,
the term ``return on investment'' means the cost associated
with technologies that are required by law or policy as
compared to the financial benefits derived from such
technologies by a government or a user of airspace.
(e) Repeal of Nextgen Priorities.--Section 202 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note) and the item relating to that section in
the table of contents under section 1(b) of that Act are
repealed.
SEC. 504. AIR TRAFFIC CONTROL OPERATIONAL CONTINGENCY PLANS.
(a) Air Traffic Control Operational Contingency Plans.--Not
later than 1 year after the date of enactment of this Act,
the Administrator shall review the Administration's air
traffic control operational contingency plans (FAA Order JO
1900.47E), and, as the Administrator considers appropriate,
update such plans, to address potential air traffic facility
outages that could have a major impact on the operation of
the national airspace system, including the most recent
findings and recommendations in the report under subsection
(c).
(b) Updates.--Not later than 60 days after the date the air
traffic control operational contingency plans are reviewed
under subsection (a), the Administrator shall submit to the
appropriate committees of Congress a report on the review,
including any recommendations for ensuring air traffic
facility outages do not have a major impact on the operation
of the national airspace system.
(c) Resiliency Recommendations.--Not later than 180 days
after the date of enactment of this Act, and periodically
thereafter as the Administrator considers appropriate, the
Administrator shall convene NextGen program officials to
evaluate, expedite, and complete a report on how planned
NextGen capabilities can enhance the resiliency and
continuity of national airspace system operations and
mitigate the impact of future air traffic control
disruptions.
SEC. 505. 2020 ADS-B OUT MANDATE PLAN.
The Administrator, in collaboration with the NextGen
Advisory Committee, shall--
(1) not later than 90 days after the date of enactment of
this Act--
(A) identify any known and potential barriers to compliance
with the 2020 ADS-B Out mandate under section 91.225 of title
14, Code of Federal Regulations;
(B) develop a plan to address the known barriers identified
in paragraph (1), including a schedule for--
(i) periodically reevaluating the potential barriers
identified in paragraph (1); and
(ii) developing solutions and implementing actions to
address the known and potential barriers; and
(C) submit the plan to the appropriate committees of
Congress; and
(2) not later than 90 days after the date the plan is
submitted under paragraph (1), submit to the appropriate
committees of Congress a report on the progress made toward
meeting the 2020 ADS-B Out mandate.
SEC. 506. SECURING AIRCRAFT AVIONICS SYSTEMS.
(a) In General.--The Administrator shall consider, where
appropriate, revising Federal Aviation Administration
regulations regarding airworthiness certification--
(1) to address cybersecurity for avionics systems,
including software components; and
(2) to require that aircraft avionics systems used for
flight guidance or aircraft control be secured against
unauthorized access via passenger in-flight entertainment
systems through such means as the Administrator determines
appropriate to protect the avionics systems from unauthorized
external and internal access.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider the recommendations of the
Aircraft Systems Information Security Protection Working
Group under section 2111 of the FAA Extension Safety and
Security Act of 2016 (Public Law 114-190; 130 Stat. 615).
SEC. 507. HUMAN FACTORS.
(a) In General.--In order to avoid having to subsequently
modify products and services developed as a part of NextGen,
the Administrator shall--
(1) recognize and incorporate, in early design phases of
all relevant NextGen programs, the human factors and
procedural and airspace implications of stated goals and
associated technical changes; and
(2) ensure that a human factors specialist, separate from
the research and certification groups, is directly involved
with the NextGen approval process.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 508. PROGRAMMATIC RISK MANAGEMENT.
To better inform the Administration's decisions regarding
the prioritization of efforts and allocation of resources for
NextGen, the Administrator shall--
(1) solicit input from specialists in probability and
statistics to identify and prioritize the programmatic and
implementation risks to NextGen; and
(2) develop a method to manage and mitigate the risks
identified in paragraph (1).
SEC. 509. REVIEW OF FAA STRATEGIC CYBERSECURITY PLAN.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall initiate a
review of the comprehensive and strategic framework of
principles and policies (referred to in this section as the
``framework'') developed pursuant to section 2111 of the FAA
Extension, Safety, and Security Act of 2016 (49 U.S.C. 44903
note).
(b) Contents.--In undertaking the review under subsection
(a), the Administrator shall--
(1) assess the degree to which the framework identifies and
addresses known cybersecurity risks associated with the
aviation system;
(2) review existing short- and long-term objectives for
addressing cybersecurity risks to the national airspace
system; and
(3) assess the Administration's level of engagement and
coordination with aviation stakeholders and other appropriate
agencies, organizations, or groups with which the
Administration consults to carry out the framework.
(c) Updates.--Upon completion of the review under
subsection (a), the Administrator shall modify the framework,
as appropriate, to address any deficiencies identified by the
review.
(d) Report to Congress.--Not later than 180 days after
initiating the review required by subsection (a), the
Administrator shall submit to the appropriate committees of
Congress a report on the results of the review, including a
description of any modifications made to the framework.
SEC. 510. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND
FACILITIES.
(a) Purpose and Input.--Section 804(a) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44501 note)
is amended--
(1) in paragraph (2) by striking ``The purpose of the
report shall be--'' and all that follows through ``(B) to
reduce'' and inserting ``The purpose of the report shall be
to reduce''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Input.--The report shall be prepared by the
Administrator (or the Administrator's designee) with the
participation of--
[[Page H8954]]
``(A) representatives of labor organizations representing
air traffic control system employees of the FAA; and
``(B) industry stakeholders.''.
(b) Military Operations Exclusion.--Section 804 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44501 note)
is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Military Operations Exclusion.--
``(1) In general.--The Administrator may not realign or
consolidate a combined TRACON and tower with radar facility
of the FAA under this section if, in 2015, the total annual
military operations at the facility comprised at least 40
percent of the total annual TRACON operations at the
facility.
``(2) TRACON defined.--In this subsection, the term
`TRACON' means terminal radar approach control.''.
SEC. 511. FAA REVIEW AND REFORM.
(a) Agency Report.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a detailed analysis of
any actions taken to address the findings and recommendations
included in the report required under section 812(d) of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 106
note), including--
(1) consolidating, phasing-out, or eliminating duplicative
positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete, or
unnecessary functions;
(4) reforming and streamlining inefficient processes so
that the activities of the Administration are completed in an
expedited and efficient manner; and
(5) reforming or eliminating ineffectual or outdated
policies.
(b) Additional Review.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall
undertake and complete a thorough review of each program,
office, and organization within the Administration to
identify--
(1) duplicative positions, programs, roles, or offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(4) inefficient processes; and
(5) ineffectual or outdated policies.
(c) Actions To Streamline and Reform FAA.--Not later than
60 days after the date of completion of the review under
subsection (b), the Administrator shall undertake such
actions as may be necessary to address the findings of the
Administrator under such subsection.
(d) Report to Congress.--Not later than 120 days after the
date of completion of the review under subsection (b), the
Administrator shall submit to the appropriate committees of
Congress a report on the actions taken by the Administrator
pursuant to subsection (c), including any recommendations for
legislative or administrative actions.
SEC. 512. AIR SHOWS.
On an annual basis, the Administrator shall work with
representatives of Administration-approved air shows, the
general aviation community, and stadiums and other large
outdoor events and venues to identify and resolve, to the
maximum extent practicable, scheduling conflicts between
Administration-approved air shows and large outdoor events
and venues where--
(1) flight restrictions will be imposed pursuant to section
521 of title V of division F of Public Law 108-199 (118 Stat.
343); or
(2) any other restriction will be imposed pursuant to
Federal Aviation Administration Flight Data Center Notice to
Airmen 4/3621 (or any successor notice to airmen).
SEC. 513. PART 91 REVIEW, REFORM, AND STREAMLINING.
(a) Establishment of Task Force.--Not later than 90 days
after the date of enactment of this Act, the Administrator
shall establish a task force comprised of representatives of
the general aviation industry who regularly perform part 91
operations, labor unions (including those representing FAA
aviation safety inspectors and FAA aviation safety
engineers), manufacturers, and the Government to--
(1) conduct an assessment of the FAA oversight and
authorization processes and requirements for aircraft under
part 91; and
(2) make recommendations to streamline the applicable
authorization and approval processes, improve safety, and
reduce regulatory cost burdens and delays for the FAA and
aircraft owners and operators who operate pursuant to part
91.
(b) Contents.--In conducting the assessment and making
recommendations under subsection (a), the task force shall
consider--
(1) process reforms and improvements to allow the FAA to
review and approve applications in a fair and timely fashion;
(2) the appropriateness of requiring an authorization for
each experimental aircraft rather than using a broader all-
makes-and-models approach;
(3) ways to improve the timely response to letters of
authorization applications for aircraft owners and operators
who operate pursuant to part 91, including setting deadlines
and granting temporary or automatic authorizations if
deadlines are missed by the FAA;
(4) methods for enhancing the effective use of delegation
systems;
(5) methods for training the FAA's field office employees
in risk-based and safety management system oversight; and
(6) such other matters related to streamlining part 91
authorization and approval processes as the task force
considers appropriate.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the task force's assessment.
(2) Contents.--The report shall include an explanation of
how the Administrator will--
(A) implement the recommendations of the task force;
(B) measure progress in implementing the recommendations;
and
(C) measure the effectiveness of the implemented
recommendations.
(d) Implementation of Recommendations.--Not later than 18
months after the date of enactment of this Act, the
Administrator shall implement the recommendations made under
this section.
(e) Definition.--In this section, the term ``part 91''
means part 91 of title 14, Code of Federal Regulations.
(f) Applicable Law.--Public Law 92-463 shall not apply to
the task force.
(g) Sunset.--The task force shall terminate on the day the
Administrator submits the report required under subsection
(c).
SEC. 514. AIRCRAFT LEASING.
Section 44112(b) of title 49, United States Code, is
amended--
(1) by striking ``on land or water''; and
(2) by inserting ``operational'' before ``control''.
SEC. 515. PILOTS SHARING FLIGHT EXPENSES WITH PASSENGERS.
(a) Guidance.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall make publicly
available, in a clear and concise format, advisory guidance
that describes how a pilot may share flight expenses with
passengers in a manner consistent with Federal law, including
regulations.
(2) Examples included.--The guidance shall include examples
of--
(A) flights for which pilots and passengers may share
expenses;
(B) flights for which pilots and passengers may not share
expenses;
(C) the methods of communication that pilots and passengers
may use to arrange flights for which expenses are shared; and
(D) the methods of communication that pilots and passengers
may not use to arrange flights for which expenses are shared.
(b) Report.--
(1) In general.--Not later than 180 days after the date on
which guidance is made publicly available under subsection
(a), the Comptroller General of the United States shall
submit to the appropriate committees of Congress a report
analyzing Federal policy with respect to pilots sharing
flight expenses with passengers.
(2) Evaluations included.--The report submitted under
paragraph (1) shall include an evaluation of--
(A) the rationale for such Federal policy;
(B) safety and other concerns related to pilots sharing
flight expenses with passengers; and
(C) benefits related to pilots sharing flight expenses with
passengers.
SEC. 516. TERMINAL AERODROME FORECAST.
(a) In General.--The Administrator shall permit a covered
air carrier to operate to or from a location in a
noncontiguous State without a Terminal Aerodrome Forecast or
Meteorological Aerodrome Report if--
(1) such location is determined to be under visual
meteorological conditions;
(2) a current Area Forecast, supplemented by other local
weather observations or reports, is available; and
(3) an alternate airport that has an available Terminal
Aerodrome Forecast and weather report is specified.
(b) Procedures.--A covered air carrier shall--
(1) have approved procedures for dispatch or release and
enroute weather evaluation; and
(2) operate under instrument flight rules enroute to the
destination.
(c) Limitation.--Without a written finding of necessity,
based on objective and historical evidence of imminent threat
to safety, the Administrator shall not promulgate any
operation specification, policy, or guidance document
pursuant to this section that is more restrictive than, or
requires procedures that are not expressly stated in, the
regulations.
(d) Covered Air Carrier Defined.--In this section, the term
``covered air carrier'' means an air carrier operating in a
noncontiguous State under part 121 of title 14, Code of
Federal Regulations.
SEC. 517. PUBLIC AIRCRAFT ELIGIBLE FOR LOGGING FLIGHT TIMES.
The Administrator shall issue regulations modifying section
61.51(j)(4) of title 14, Code of Federal Regulations, so as
to include aircraft under the direct operational control of
forestry and fire protection agencies as public aircraft
eligible for logging flight times.
SEC. 518. AIRCRAFT REGISTRY OFFICE.
The Administrator shall designate employees at the Aircraft
Registry Office in Oklahoma City, Oklahoma, as excepted
employees in the event of a shutdown or emergency furlough to
ensure that the office remains
[[Page H8955]]
open for the duration of the lapse in Federal Government
appropriations to the Federal Aviation Administration.
SEC. 519. FAA DATA TRANSPARENCY.
Section 45303 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Data Transparency.--
``(1) Air traffic services initial data report.--
``(A) Initial report.--Not later than 6 months after the
date of enactment of the FAA Reauthorization Act of 2018, the
Administrator and the Chief Operating Officer of the Air
Traffic Organization shall, based upon the most recently
available full fiscal year data, complete the following
calculations for each segment of air traffic services users:
``(i) The total costs allocable to the use of air traffic
services for that segment during such fiscal year.
``(ii) The total revenues received from that segment during
such fiscal year.
``(B) Validation of model.--
``(i) Review and determination.--Not later than 3 months
after completion of the initial report required under
subparagraph (A), the inspector general of the Department of
Transportation shall review and determine the validity of the
model used by the Administrator and the Chief Operating
Officer to complete the calculations required under
subparagraph (A).
``(ii) Validation process.--In the event that the inspector
general determines that the model used by the Administrator
and the Chief Operating Officer to complete the calculations
required by subparagraph (A) is not valid--
``(I) the inspector general shall provide the Administrator
and Chief Operating Officer recommendations on how to revise
the model;
``(II) the Administrator and the Chief Operating Officer
shall complete the calculations required by subparagraph (A)
utilizing the revised model and resubmit the revised initial
report required under subparagraph (A) to the inspector
general; and
``(III) not later than 3 months after completion of the
revised initial report required under subparagraph (A), the
inspector general shall review and determine the validity of
the revised model used by the Administrator and the Chief
Operating Officer to complete the calculations required by
subparagraph (A).
``(iii) Access to data.--The Administrator and the Chief
Operating Officer shall provide the inspector general of the
Department of Transportation with unfettered access to all
data produced by the cost accounting system operated and
maintained pursuant to subsection (e).
``(C) Report to congress.--Not later than 60 days after
completion of the review and receiving a determination that
the model used is valid under subparagraph (B), the
Administrator and the Chief Operating Officer shall submit to
the Committee on Transportation and Infrastructure, the
Committee on Appropriations, and the Committee on Ways and
Means of the House of Representatives, and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on Finance of the Senate a
report describing the results of the calculations completed
under subparagraph (A).
``(D) Publication.--Not later than 60 days after submission
of the report required under subparagraph (C), the
Administrator and Chief Operating Officer shall publish the
initial report, including any revision thereto if required as
a result of the validation process for the model.
``(2) Air traffic services biennial data reporting.--
``(A) Biennial data reporting.--Not later than March 31,
2019, and biennially thereafter for 8 years, the
Administrator and the Chief Operating Officer shall, using
the validated model, complete the following calculations for
each segment of air traffic services users for the most
recent full fiscal year:
``(i) The total costs allocable to the use of the air
traffic services for that segment.
``(ii) The total revenues received from that segment.
``(B) Report to congress.--Not later than 15 days after
completing the calculations under subparagraph (A), the
Administrator and the Chief Operating Officer shall complete
and submit to the Committee on Transportation and
Infrastructure, the Committee on Appropriations, and the
Committee on Ways and Means of the House of Representatives,
and the Committee on Commerce, Science, and Transportation,
the Committee on Appropriations, and the Committee on Finance
of the Senate a report containing the results of such
calculations.
``(C) Publication.--Not later than 60 days after completing
the calculations pursuant to subparagraph (A), the
Administrator and the Chief Operating Officer shall publish
the results of such calculations.
``(3) Segments of air traffic services users.--
``(A) In general.--For purposes of this subsection, each of
the following shall constitute a separate segment of air
traffic services users:
``(i) Passenger air carriers conducting operations under
part 121 of title 14, Code of Federal Regulations.
``(ii) All-cargo air carriers conducting operations under
part 121 of such title.
``(iii) Operators covered by part 125 of such title.
``(iv) Air carriers and operators of piston-engine aircraft
operating under part 135 of such title.
``(v) Air carriers and operators of turbine-engine aircraft
operating under part 135 of such title.
``(vi) Foreign air carriers providing passenger air
transportation.
``(vii) Foreign air carriers providing all-cargo air
transportation.
``(viii) Operators of turbine-engine aircraft operating
under part 91 of such title, excluding those operating under
subpart (K) of such part.
``(ix) Operators of piston-engine aircraft operating under
part 91 of such title, excluding those operating under
subpart (K) of such part.
``(x) Operators covered by subpart (K) of part 91 of such
title.
``(xi) Operators covered by part 133 of such title.
``(xii) Operators covered by part 136 of such title.
``(xiii) Operators covered by part 137 of such title.
``(xiv) Operators of public aircraft that qualify under
section 40125.
``(xv) Operators of aircraft that neither take off from,
nor land in, the United States.
``(B) Additional segments.--The Secretary may identify and
include additional segments of air traffic users under
subparagraph (A) as revenue and air traffic services cost
data become available for that additional segment of air
traffic services users.
``(4) Definitions.--For purposes of this subsection:
``(A) Air traffic services.--The term `air traffic
services' means services--
``(i) used for the monitoring, directing, control, and
guidance of aircraft or flows of aircraft and for the safe
conduct of flight, including communications, navigation, and
surveillance services and provision of aeronautical
information; and
``(ii) provided directly, or contracted for, by the Federal
Aviation Administration.
``(B) Air traffic services user.--The term `air traffic
services user' means any individual or entity using air
traffic services provided directly, or contracted for, by the
Federal Aviation Administration within United States airspace
or international airspace delegated to the United States.''.
SEC. 520. INTRA-AGENCY COORDINATION.
Not later than 120 days after the date of enactment of this
Act, the Administrator shall implement a policy that--
(1) designates the Associate Administrator for Commercial
Space Transportation as the primary liaison between the
commercial space transportation industry and the
Administration;
(2) recognizes the necessity of, and set forth processes
for, launch license and permit holder coordination with the
Air Traffic Organization on matters including--
(A) the use of air navigation facilities;
(B) airspace safety; and
(C) planning of commercial space launch and launch support
activities;
(3) designates a single point of contact within the Air
Traffic Organization who is responsible for--
(A) maintaining letters of agreement between a launch
license or permit holder and a Federal Aviation
Administration facility;
(B) making such letters of agreement available to the
Associate Administrator for Commercial Space Transportation;
(C) ensuring that a facility that has entered into such a
letter of agreement is aware of and fulfills its
responsibilities under the letter; and
(D) liaising between the Air Traffic Organization and the
Associate Administrator for Commercial Space Transportation
on any matter relating to such a letter of agreement; and
(4) requires the Associate Administrator for Commercial
Space Transportation to facilitate, upon the request of a
launch license or permit holder--
(A) coordination between a launch license and permit holder
and the Air Traffic Organization; and
(B) the negotiation of letters of agreement between a
launch license or permit holder and a Federal Aviation
Administration facility or the Air Traffic Organization.
SEC. 521. ADMINISTRATIVE SERVICES FRANCHISE FUND.
(a) In General.--Not later than 30 days after the date of
enactment of this section, the inspector general of the
Department of Transportation shall initiate an audit of the
Administrative Services Franchise Fund of the FAA (in this
section referred to as the ``Franchise Fund'').
(b) Considerations.--In conducting the audit pursuant to
subsection (a), the inspector general shall--
(1) review the history, intended purpose, and objectives of
the Franchise Fund;
(2) describe and assess each program, service, or activity
that uses the Franchise Fund, including--
(A) the agencies or government bodies that use each
program, service, or activity;
(B) the number of employees, including full-time
equivalents and contractors, associated with each program,
service, or activity;
(C) the costs associated with the employees described in
subparagraph (B) and the extent to which such costs are
covered by Federal appropriations or Franchise Fund revenue;
(D) the revenue, expenses, and profits or losses associated
with each program, service, or activity;
[[Page H8956]]
(E) overhead rates associated with each program, service,
or activity; and
(F) a breakdown of the revenue collected from services
provided to the FAA, Department of Transportation, other
Federal entities, and non-Federal entities;
(3) assess the FAA's governance and oversight of the
Franchise Fund and the programs, service, and activities that
use the Franchise Fund, including the use of internal and
publicly available performance metrics;
(4) evaluate the current and historical unobligated and
unexpended balances of the Franchise Fund; and
(5) assess the degree to which FAA policies and controls
associated with the Franchise Fund conform with generally
accepted accounting principles, Federal policies, best
practices, or other guidance relating to revolving funds.
(c) Report.--Not later than 180 days after the date of
initiation of the audit described in subsection (a), the
inspector general shall submit to the appropriate committees
of Congress a report on the results of the audit, including
findings and recommendations.
SEC. 522. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST.
(a) Repeal.--Subsection (b) of section 211 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
is repealed.
(b) Requirement.--The Administrator shall ensure that any
regulation issued pursuant to such subsection has no force or
effect.
SEC. 523. CONTRACT WEATHER OBSERVERS.
Section 2306(b) of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 641) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 524. REGIONS AND CENTERS.
(a) In General.--Section 44507 of title 49, United States
Code, is amended--
(1) by striking the section heading and inserting ``Regions
and centers'';
(2) by striking ``The Civil Aeromedical Institute'' and
inserting the following:
``(a) Civil Aeromedical Institute.--The Civil Aeromedical
Institute''; and
(3) by adding at the end the following:
``(b) William J. Hughes Technical Center.--The Secretary of
Transportation shall define the roles and responsibilities of
the William J. Hughes Technical Center in a manner that is
consistent with the defined roles and responsibilities of the
Civil Aeromedical Institute under subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 445 of
title 49, United States Code, is amended by striking the item
relating to section 44507 and inserting the following:
``44507. Regions and centers.''.
SEC. 525. GEOSYNTHETIC MATERIALS.
The Administrator, to the extent practicable, shall
encourage the use of durable, resilient, and sustainable
materials and practices, including the use of geosynthetic
materials and other innovative technologies, in carrying out
the activities of the Federal Aviation Administration.
SEC. 526. NATIONAL AIRMAIL MUSEUM.
(a) Findings.--Congress finds that--
(1) in 1930, commercial airmail carriers began operations
at Smith Field in Fort Wayne, Indiana;
(2) the United States lacks a national museum dedicated to
airmail; and
(3) the airmail hangar at Smith Field in Fort Wayne,
Indiana--
(A) will educate the public on the role of airmail in
aviation history; and
(B) honor the role of the hangar in the history of the
Nation's airmail service.
(b) Designation.--
(1) In general.--The airmail museum located at the Smith
Field in Fort Wayne, Indiana, is designated as the ``National
Airmail Museum''.
(2) Effect of designation.--The national museum designated
by this section is not a unit of the National Park System and
the designation of the National Airmail Museum shall not
require or permit Federal funds to be expended for any
purpose related to that national memorial.
SEC. 527. STATUS OF AGREEMENT BETWEEN FAA AND LITTLE ROCK
PORT AUTHORITY.
(a) Briefing Requirement.--Not later than 30 days after the
date of enactment of this Act, the Administrator shall
provide to the appropriate committees of Congress a briefing
on the agreement between the FAA and the Little Rock Port
Authority to relocate the Little Rock Very High Frequency
Omnidirectional Range with Collocated Tactical Air Control
and Navigation (LIT VORTAC).
(b) Briefing Contents.--The briefing required under
subsection (a) shall include the following:
(1) The status of the efforts by the Federal Aviation
Administration to relocate the LIT VORTAC.
(2) The long-term and short-term budget projections for the
relocation project.
(3) A description of and timeline for each phase of the
relocation project.
(4) A description of and explanation for the required
location radius.
(5) A description of work completed by the Federal Aviation
Administration as of the date of the briefing.
SEC. 528. BRIEFING ON AIRCRAFT DIVERSIONS FROM LOS ANGELES
INTERNATIONAL AIRPORT TO HAWTHORNE MUNICIPAL
AIRPORT.
Not later than 1 year after the date of the enactment of
this Act, the Administrator shall provide a briefing to
appropriate committees of Congress on diversions of aircraft
from Los Angeles International Airport to Hawthorne Municipal
Airport, also known as Jack Northrop Field, in the City of
Hawthorne, California. This briefing shall cover at least the
previous one-year period and include the total number of
aircraft diversions, the average number of diversions per
day, the types of aircraft diverted, and the reasons for the
diversions.
SEC. 529. TFR REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act (except as described in subsection
(d)), the Administrator shall submit to the appropriate
committees of Congress a report containing the results of the
study described in subsection (b).
(b) Recommendations.--The Administrator shall make
recommendations based on--
(1) an analysis of--
(A) the economic effects of temporary flight restrictions,
particularly temporary flight restrictions issued pursuant to
section 91.141 of title 14, Code of Federal Regulations, on
airports or aviation-related businesses located or based in
an area covered by the temporary flight restriction; and
(B) potential options and recommendations for mitigating
identified negative economic effects on airports or aviation-
related businesses located or based in an area frequently
covered by a temporary flight restriction; and
(2) an analysis of the potential for using security
procedures similar to those described in the Maryland Three
Program (allowing properly vetted private pilots to fly to,
from, or between the three general aviation airports closest
to the National Capital Region) during temporary flight
restrictions in the following airports:
(A) Solberg Airport.
(B) Somerset Airport.
(C) Palm Beach County Park Airport (also known as Lantana
Airport).
(c) Collaboration.--In making the recommendations described
in subsection (b), the Administrator shall consult with--
(1) industry stakeholders; and
(2) the head of any other agency that, in the
Administrator's determination, is a stakeholder agency.
(d) Special Deadline.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report containing
the results of the portion of the study described in
subsection (b)(1)(A).
SEC. 530. AIR TRAFFIC SERVICES AT AVIATION EVENTS.
(a) Requirement to Provide Services and Related Support.--
The Administrator shall provide air traffic services and
aviation safety support for large, multiday aviation events,
including airshows and fly-ins, where the average daily
number of manned operations were 1,000 or greater in at least
one of the preceding two years, without the imposition or
collection of any fee, tax, or other charge for that purpose.
Amounts for the provision of such services and support shall
be derived from amounts appropriated or otherwise available
for the Administration.
(b) Determination of Services and Support to Be Provided.--
In determining the services and support to be provided for an
aviation event for purposes of subsection (a), the
Administrator shall take into account the following:
(1) The services and support required to meet levels of
activity at prior events, if any, similar to the event.
(2) The anticipated need for services and support at the
event.
SEC. 531. APPLICATION OF VETERANS' PREFERENCE TO FEDERAL
AVIATION ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
Section 40122(g)(2)(B) of title 49, United States Code, is
amended--
(1) by inserting ``3304(f), to the extent consistent with
the Federal Aviation Administration's status as an excepted
service agency,'' before ``3308-3320''; and
(2) by inserting ``3330a, 3330b, 3330c, and 3330d,'' before
``relating''.
SEC. 532. CLARIFICATION OF REQUIREMENTS FOR LIVING HISTORY
FLIGHTS.
(a) In General.--Notwithstanding any other law or
regulation, in administering sections 61.113(c), 91.9,
91.315, 91.319(a)(1), 91.319(a)(2), 119.5(g), and 119.21(a)
of title 14, Code of Federal Regulations (or any successor
regulations), the Administrator shall allow an aircraft owner
or operator to accept monetary or in-kind donations for a
flight operated by a living history flight experience
provider, if the aircraft owner or operator has--
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the flight, at
the time of inquiry about the flight, that the flight
operation is for charitable purposes and is not subject to
the same requirements as a commercial flight.
(b) Conditions To Ensure Public Safety.--The Administrator,
consistent with current standards of the Administration for
such operations, shall impose minimum standards with respect
to training and flight hours for operations conducted by an
owner or operator of an aircraft providing living history
flight experience operations, including mandating that the
pilot in command of such aircraft hold a commercial pilot
certificate with instrument rating and be current and
qualified with respect to all ratings or
[[Page H8957]]
authorizations applicable to the specific aircraft being
flown to ensure the safety of flight operations described in
subsection (a).
(c) Living History Flight Experience Provider Defined.--In
this section, the term ``living history flight experience
provider'' means an aircraft owner, aircraft operator, or
organization that provides, arranges, or otherwise fosters
living history flight experiences for the purpose of
fulfilling its mission.
SEC. 533. REVIEW AND REFORM OF FAA PERFORMANCE MANAGEMENT
SYSTEM.
(a) Establishment of Advisory Panel.--Not later than 90
days after the date of enactment of this section, the
Secretary of Transportation shall establish an advisory panel
comprising no more than 7 independent, nongovernmental
experts in budget, finance, or personnel management to review
and evaluate the effectiveness of the FAA's personnel
management system and performance management program for
employees not covered by collective bargaining agreements.
(b) Review, Evaluation, and Recommendations.--The advisory
panel shall, at a minimum--
(1) review all appropriate FAA orders, policies,
procedures, guidance, and the Human Resources Policy Manual;
(2) review any applicable reports regarding FAA's personnel
management system, including reports of the Department of
Transportation Office of Inspector General, Government
Accountability Office, and National Academy of Public
Administration, and determine the status of recommendations
made in those reports;
(3) review the personnel management system of any other
agency or governmental entity with a similar system to the
FAA for best practices with regard to personnel management;
(4) assess the unique personnel authorities granted to the
FAA, determine whether the FAA has taken full advantage of
those authorities, and identify those authorities the FAA has
not fully taken advantage of;
(5) review and determine the overall effectiveness of the
FAA's compensation, bonus pay, performance metrics, and
evaluation processes for employees not covered by collective
bargaining agreements;
(6) review whether existing performance metrics and bonus
pay practices align with the FAA's mission and significantly
improve the FAA's provision of air traffic services,
implementation of air traffic control modernization
initiatives, and accomplishment of other FAA operational
objectives;
(7) identify the highest, lowest, and average complete
compensation for each position of employees not covered by
collective bargaining agreements;
(8) survey interested parties and stakeholders, including
representatives of the aviation industry, for their views and
recommendations regarding improvements to the FAA's personnel
management system and performance management program;
(9) develop recommendations to address the findings of the
work done pursuant to paragraphs (1) through (7), and to
address views and recommendations raised by interested
parties pursuant to paragraph (8); and
(10) develop recommendations to improve the FAA's personnel
management system and performance management program,
including the compensation, bonus pay, performance metrics,
and evaluation processes, for employees not covered by
collective bargaining agreements.
(c) Report.--Not later than 1 year after initiating the
review and evaluation pursuant to subsection (a), the
advisory panel shall submit a report on the results of the
review and evaluation and its recommendations to the
Secretary, the Administrator, the appropriate committees of
Congress.
(d) Report to Congress.--Not later than 3 months after
submittal of the report pursuant to subsection (c), the
Administrator shall transmit to the appropriate committees of
Congress a report summarizing the findings of the advisory
panel that--
(1) contains an explanation of how the Administrator will
implement the recommendations of the advisory panel and
measure the effectiveness of the recommendations; and
(2) specifies any recommendations that the Administrator
will not implement and the reasons for not implementing such
recommendations.
(e) Sunset.--The advisory panel shall terminate on the date
that is 60 days after the transmittal of the report pursuant
to subsection (d).
SEC. 534. NEXTGEN DELIVERY STUDY.
(a) Study.--Not later than 180 days after the enactment of
this Act, the inspector general of the Department of
Transportation shall initiate a study of the potential
impacts of a significantly delayed, significantly diminished,
or completely failed delivery of the Next Generation Air
Transportation System modernization initiative by the Federal
Aviation Administration, including impacts to the air traffic
control system and the national airspace system as a whole.
(b) Scope of Study.--In carrying out the study under
subsection (a), the inspector general shall assess the
Administration's performance related to the NextGen
modernization initiative, including--
(1) the potential impacts on the operational efficiency of
our aviation system;
(2) an analysis of potential economic losses and stranded
investments directly related to NextGen;
(3) an analysis of the potential impacts to our
international competitiveness in aviation innovation;
(4) an analysis of the main differences that would be seen
in our air traffic control system;
(5) the potential impacts on the flying public, including
potential impacts to flight times, fares, and delays in the
air and on the ground;
(6) the effects on supply chains reliant on air
transportation of cargo;
(7) the potential impacts on the long-term benefits
promised by NextGen;
(8) an analysis of the potential impacts on aircraft noise
and flight paths;
(9) the potential changes in separation standards, fuel
consumption, flight paths, block times, and landing
procedures or lack thereof;
(10) the potential impacts on aircraft taxi times and
aircraft emissions or lack thereof;
(11) a determination of the total potential costs and
logistical challenges of the failure of NextGen, including a
comparison of the potential loss of the return on public and
private sector investment related to NextGen, as compared to
other available investment alternatives, between December 12,
2003, and the date of enactment of this Act; and
(12) other matters arising in the course of the study.
(c) Report.--Not later than 1 year after the date of
initiation of the study under subsection (a), the inspector
general shall submit to the appropriate committees of
Congress a report on the results of the study.
SEC. 535. STUDY ON ALLERGIC REACTIONS.
Not later than 120 days after the date of enactment of this
Act, the Administrator shall--
(1) study the prevalence of allergic reactions on board
flights, whether airlines universally report reactions to the
Federal Aviation Administration, and the frequency of first
aid inventory checks to ensure medicine to prevent
anaphylactic shock is in an aircraft; and
(2) submit a report to the Committees on Transportation and
Infrastructure, Energy and Commerce, and Appropriations of
the House of Representatives and the Committees on Commerce,
Science, and Transportation, Health, Education, Labor, and
Pensions, and Appropriations of the Senate.
SEC. 536. OXYGEN MASK DESIGN STUDY.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall conduct a study to review and
evaluate the design and effectiveness of commercial aircraft
oxygen masks. In conducting the study, the Administrator
shall determine whether the current design of oxygen masks is
adequate, and whether changes to the design could increase
correct passenger usage of the masks.
SEC. 537. AIR CARGO STUDY.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General of the United
States shall begin a study of international air cargo
services among the United States and Central American, South
American, and Caribbean Basin countries, that--
(1) analyzes the supply of and demand for air cargo
transportation services among the United States and Central
American, South American, and Caribbean Basin countries;
(2) analyzes the supply of and demand for air cargo
transportation services between--
(A) the United States, Central American, South American,
and Caribbean Basin countries; and
(B) African and European countries;
(3) identifies the busiest routes in terms of cargo
capacity and frequency of air service;
(4) identifies any air carrier or foreign air carrier hubs
in Central American, South American, and Caribbean Basin
countries at which a significant amount of air cargo is
sorted, handled, or consolidated for transportation to or
from the United States;
(5) identifies any air carrier or foreign air carrier hubs
in the United States at which a significant amount of air
cargo is sorted, handled, or consolidated for transportation
to or from Central American, South American, and Caribbean
Basin countries.
(6) identifies any significant gaps in the air cargo
services or cargo air carrier networks--
(A) among the countries described in paragraph (2)(A);
(B) between such countries and African countries; and
(C) between such countries and European countries; and
(7) assesses the possible impact of the establishment of an
air carrier hub in Puerto Rico at which air cargo is sorted,
handled, or consolidated for transportation to or from the
United States, including the impact on--
(A) the employment rate and economy of Puerto Rico;
(B) domestic and foreign air transportation of cargo;
(C) United States competitiveness in the air transportation
of cargo;
(D) air cargo operations at other airports in the United
States; and
(E) domestic air carrier employment.
(b) Report.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the study described in subsection (a).
(c) Definition.--In this section, the term ``Caribbean
Basin countries'' has the same meaning given the term
``Caribbean Basin country'' in section 501 of the Food for
Peace Act (7 U.S.C. 1737).
[[Page H8958]]
SEC. 538. SENSE OF CONGRESS ON PREVENTING THE TRANSPORTATION
OF DISEASE-CARRYING MOSQUITOES AND OTHER
INSECTS ON COMMERCIAL AIRCRAFT.
It is the sense of Congress that the Secretary of
Transportation and the Secretary of Agriculture should, in
coordination and consultation with the World Health
Organization, develop a framework and guidance for the use of
safe, effective, and nontoxic means of preventing the
transportation of disease-carrying mosquitoes and other
insects on commercial aircraft.
SEC. 539. TECHNICAL CORRECTIONS.
(a) Airport Capacity Enhancement Projects at Congested
Airports.--Section 40104(c) of title 49, United States Code,
is amended by striking ``section 47176'' and inserting
``section 47175''.
(b) Passenger Facility Charges.--Section 40117(a)(5) of
title 49, United States Code, is amended by striking ``charge
or charge'' and inserting ``charge''.
(c) Overflights of National Parks.--Section 40128(a)(3) of
title 49, United States Code, is amended by striking ``under
part 91 of the title 14,'' and inserting ``under part 91 of
title 14,''.
(d) Plans To Address Needs of Families of Passengers
Involved in Foreign Air Carrier Accidents.--Section
41313(c)(16) of title 49, United States Code, is amended by
striking ``An assurance that the foreign air carrier'' and
inserting ``An assurance that''.
(e) Operations of Carriers.--The analysis for chapter 417
of title 49, United States Code, is amended by striking the
item relating to section 41718 and inserting the following:
``41718. Special rules for Ronald Reagan Washington National
Airport.''.
(f) Schedules for Certain Transportation of Mail.--Section
41902(a) of title 49, United States Code, is amended by
striking ``section 41906'' and inserting ``section 41905''.
(g) Weighing Mail.--Section 41907 of title 49, United
States Code, is amended by striking ``and'' and all that
follows through ``administrative'' and inserting ``and
administrative''.
(h) Structures Interfering With Air Commerce or National
Security.--Section 44718(b)(1) of title 49, United States
Code, is amended--
(1) in the matter preceding subparagraph (A) by striking
``air navigation facilities and equipment'' and inserting
``air or space navigation facilities and equipment''; and
(2) in subparagraph (A)--
(A) in clause (v) by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
``(vi) the impact on launch and reentry for launch and
reentry vehicles arriving or departing from a launch site or
reentry site licensed by the Secretary of Transportation;
and''.
(i) Flight Attendant Certification.--Section 44728 of title
49, United States Code, is amended--
(1) in subsection (c), by striking ``chapter'' and
inserting ``title''; and
(2) in subsection (d)(3), by striking ``is'' and inserting
``be''.
(j) Fees Involving Aircraft Not Providing Air
Transportation.--Section 45302 of title 49, United States
Code, is amended by striking ``44703(f)(2)'' each place it
appears and inserting ``44703(g)(2)''.
(k) Schedule of Fees.--Section 45301(a)(1) of title 49,
United States Code, is amended by striking ``United States
government'' and inserting ``United States Government''.
(l) Classified Evidence.--Section 46111(g)(2)(A) of title
49, United States Code, is amended by striking ``(18 U.S.C.
App.)'' and inserting ``(18 U.S.C. App.))''.
(m) Chapter 465.--The analysis for chapter 465 of title 49,
United States Code, is amended by striking the following
item:
``46503. Repealed.''.
(n) Allowable Cost Standards.--Section 47110(b)(2) of title
49, United States Code, is amended--
(1) in subparagraph (B), by striking ``compatability'' and
inserting ``compatibility''; and
(2) in subparagraph (D)(i), by striking ``climactic'' and
inserting ``climatic''.
(o) Definition of Qualified HUBZone Small Business
Concern.--Section 47113(a)(3) of title 49, United States
Code, is amended by striking ``(15 U.S.C. 632(o))'' and
inserting ``(15 U.S.C. 632(p))''.
(p) Special Apportionment Categories.--Section
47117(e)(1)(B) is amended by striking ``at least'' and
inserting ``At least''.
(q) Solicitation and Consideration of Comments.--Section
47171(l) of title 49, United States Code, is amended by
striking ``4371'' and inserting ``4321''.
(r) Operations and Maintenance.--Section 48104 is amended
by striking ``(a) Authorization of Appropriations.--the'' and
inserting ``The''.
(s) Adjustments to Compensation for Significantly Increased
Costs.--Section 426 of the FAA Modernization and Reform Act
of 2012 is amended--
(1) in subsection (a) (49 U.S.C. 41737 note) by striking
``Secretary'' and inserting ``Secretary of Transportation'';
and
(2) in subsection (c) (49 U.S.C. 41731 note) by striking
``the Secretary may waive'' and inserting ``the Secretary of
Transportation may waive''.
(t) Aircraft Departure Queue Management Pilot Program.--
Section 507(a) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44505 note) is amended by striking ``section
48101(a)'' and inserting ``section 48101(a) of title 49,
United States Code,''.
SEC. 540. REPORT ON ILLEGAL CHARTER FLIGHTS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall submit to the
appropriate committees of Congress an analysis of reports
filed during the 10-year period preceding such date of
enactment through the illegal charter hotline of the FAA and
other sources that includes--
(1) what followup action the Department of Transportation
or the Administration takes when a report of illegal charter
operations is received;
(2) how the Department of Transportation or the
Administration decides to allocate resources;
(3) challenges the Department of Transportation or the
Administration face in identifying illegal operators; and
(4) recommendations for improving the efforts of the
Department of Transportation or the Administration to combat
illegal charter carrier operations.
SEC. 541. USE OF NASA'S SUPER GUPPY AIRCRAFT FOR COMMERCIAL
TRANSPORT.
Notwithstanding section 40125 of title 49, United States
Code, the Aero Spacelines Super Guppy Turbine B-377-SGT
aircraft, serial number 0004, may be used to provide the
transport, for compensation or hire, of oversized space
launch vehicle components or oversized spacecraft components
while continuing to qualify as a public aircraft operation
pursuant to section 40102(a)(41)(A) of title 49, United
States Code, if--
(1) the aircraft is owned and operated by the National
Aeronautics and Space Administration;
(2) commercial operation is limited to operations conducted
wholly in United States airspace; and
(3) no commercially available domestic air transport
alternative exists.
SEC. 542. PROHIBITED AIRSPACE ASSESSMENT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
coordination with appropriate Federal agencies, shall conduct
an assessment on the security of United States prohibited
airspace designated by the Federal Aviation Administration,
with a focus on permanent prohibited airspace (in this
section referred to as ``United States prohibited
airspace'').
(b) Minimum Components.--The assessment developed under
subsection (a) shall be unclassified but may contain a
classified annex. It shall, at a minimum, include--
(1) a summary of the number and types of violations of
United States prohibited airspace and historical trends of
such numbers and types;
(2) an assessment of the processes used to establish United
States prohibited airspace;
(3) an assessment of manned and unmanned aircraft, current
and future, with the ability to penetrate United States
prohibited airspace undetected;
(4) an assessment of the current and future capabilities of
the United States to mitigate threats to United States
prohibited airspace;
(5) recommendations on how to improve security of United
States prohibited airspace; and
(6) a process to modify section 99.7 of title 14, Code of
Federal Regulations, to expand the Administrator's authority
to establish temporary flight restrictions in cooperation
with State and local law enforcement agencies, or as required
for purposes of national security, homeland security, or law
enforcement support.
SEC. 543. REPORT ON MULTIAGENCY USE OF AIRSPACE AND
ENVIRONMENTAL REVIEW.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the Secretary of Defense, shall submit to the covered
committees of Congress a report documenting efforts made
toward improving processes to resolve persistent challenges
for special use airspace requests in support of, or
associated with, short notice testing requirements at Major
Range and Test Facility Bases, including the establishment of
temporary military operations areas used for conducting
short-term, scheduled exercises.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) Analysis of previous efforts to streamline internal
processes associated with the designation of temporary
military operations areas at Major Range and Test Facility
Bases and the use of such areas for scheduled exercises.
(2) Analysis of progress made to ensure consistency of
environmental review, including impact analysis, associated
environmental studies, or consultation, while complying with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and other environmental requirements.
(3) Identification of challenges, if any, in complying with
the National Environmental Policy Act of 1969.
(4) A description of airspace requirements, current test
and training needs statements completed during the 10-year
period preceding the report, and future 5-year requirements,
including all temporary military operating areas, special use
airspaces, instrument routes, visual routes, and unfulfilled
user requirements.
[[Page H8959]]
(5) Proposed options and solutions to overcome identified
challenges, if any, including identifying whether--
(A) a solution or solutions can be incorporated within the
existing Federal Aviation Administration and Department of
Defense Memorandum of Understanding; or
(B) changes to current law are required.
(c) Definitions.--In this section:
(1) Covered committees of congress.--The term ``covered
committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Armed Services of the House of
Representatives.
(2) Major range and test facility base.--The term ``Major
Range and Test Facility Base'' has the meaning given the term
in section 196(i) of title 10, United States Code.
(3) Special use airspace.--The term ``special use
airspace'' means certain designations of airspace designated
by the Federal Aviation Administration, as administered by
the Secretary of Defense.
SEC. 544. AGENCY PROCUREMENT REPORTING REQUIREMENTS.
Section 40110(d) of title 49, United States Code, is
amended by adding at the end the following:
``(5) Annual report on the purchase of foreign manufactured
articles.--
``(A) Report.--(i) Not later than 90 days after the end of
the fiscal year, the Secretary of Transportation shall submit
a report to Congress on the dollar amount of acquisitions
subject to the Buy American Act made by the agency from
entities that manufacture the articles, materials, or
supplies outside of the United States in such fiscal year.
``(ii) The report required by clause (i) shall only include
acquisitions with total value exceeding the micro-purchase
level.
``(B) Contents.--The report required by subparagraph (A)
shall separately indicate--
``(i) the dollar value of any articles, materials, or
supplies purchased that were manufactured outside of the
United States; and
``(ii) a summary of the total procurement funds spent on
goods manufactured in the United States versus funds spent on
goods manufactured outside of the United States.
``(C) Availability of report.--The Secretary shall make the
report under subparagraph (A) publicly available on the
agency's website not later than 30 days after submission to
Congress.''.
SEC. 545. FAA ORGANIZATIONAL REFORM.
(a) Chief Technology Officer.--Section 106(s) of title 49,
United States Code, is amended to read as follows:
``(s) Chief Technology Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief Technology
Officer appointed by the Chief Operating Officer. The Chief
Technology Officer shall report directly to the Chief
Operating Officer.
``(B) Minimum qualifications.--The Chief Technology Officer
shall have--
``(i) at least 10 years experience in engineering
management or another relevant technical management field;
and
``(ii) knowledge of or experience in the aviation industry.
``(C) Removal.--The Chief Technology Officer shall serve at
the pleasure of the Administrator.
``(D) Restriction.--The Chief Technology Officer may not
also be the Deputy Administrator.
``(2) Responsibilities.--The responsibilities of the Chief
Technology Officer shall include--
``(A) ensuring the proper operation, maintenance, and
cybersecurity of technology systems relating to the air
traffic control system across all program offices of the
Administration;
``(B) coordinating the implementation, operation,
maintenance, and cybersecurity of technology programs
relating to the air traffic control system with the aerospace
industry and other Federal agencies;
``(C) reviewing and providing advice to the Secretary, the
Administrator, and the Chief Operating Officer on the
Administration's budget, cost-accounting system, and benefit-
cost analyses with respect to technology programs relating to
the air traffic control system;
``(D) consulting with the Administrator on the Capital
Investment Plan of the Administration prior to its submission
to Congress;
``(E) developing an annual air traffic control system
technology operation and maintenance plan that is consistent
with the annual performance targets established under
paragraph (4); and
``(F) ensuring that the air traffic control system
architecture remains, to the maximum extent practicable,
flexible enough to incorporate future technological advances
developed and directly procured by aircraft operators.
``(3) Compensation.--
``(A) In general.--The Chief Technology Officer shall be
paid at an annual rate of basic pay to be determined by the
Administrator, in consultation with the Chief Operating
Officer. The annual rate may not exceed the annual
compensation paid under section 102 of title 3. The Chief
Technology Officer shall be subject to the postemployment
provisions of section 207 of title 18 as if the position of
Chief Technology Officer were described in section
207(c)(2)(A)(i) of that title.
``(B) Bonus.--In addition to the annual rate of basic pay
authorized by subparagraph (A), the Chief Technology Officer
may receive a bonus for any calendar year not to exceed 30
percent of the annual rate of basic pay, based upon the
Administrator's evaluation of the Chief Technology Officer's
performance in relation to the performance targets
established under paragraph (4).
``(4) Annual performance targets.--
``(A) In general.--The Administrator and the Chief
Operating Officer, in consultation with the Chief Technology
Officer, shall establish measurable annual performance
targets for the Chief Technology Officer in key operational
areas.
``(B) Report.--The Administrator shall transmit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing the
annual performance targets established under subparagraph
(A).
``(5) Annual performance report.--The Chief Technology
Officer shall prepare and transmit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate an annual report containing--
``(A) detailed descriptions and metrics of how successful
the Chief Technology Officer was in meeting the annual
performance targets established under paragraph (4); and
``(B) other information as may be requested by the
Administrator and the Chief Operating Officer.''.
(b) Conforming Amendments.--
(1) Section 709(a)(3)(L) of the Vision 100-Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note) is
amended by striking ``Chief NextGen Officer'' and inserting
``Chief Technology Officer''.
(2) Section 804(a)(4)(A) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 44501 note) is amended by
striking ``Chief NextGen Officer'' and inserting ``Chief
Technology Officer''.
SEC. 546. FAA CIVIL AVIATION REGISTRY UPGRADE.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall complete covered upgrades of
the Administration's Civil Aviation Registry (in this section
referred to as the ``Registry'').
(b) Covered Upgrade Defined.--In this section, the term
``covered upgrades'' means--
(1) the digitization of nondigital Registry information,
including paper documents, microfilm images, and photographs,
from an analog or nondigital format to a digital format;
(2) the digitalization of Registry manual and paper-based
processes, business operations, and functions by leveraging
digital technologies and a broader use of digitized data;
(3) the implementation of systems allowing a member of the
public to submit any information or form to the Registry and
conduct any transaction with the Registry by electronic or
other remote means; and
(4) allowing more efficient, broader, and remote access to
the Registry.
(c) Applicability.--The requirements of subsection (a)
shall apply to the entire Civil Aviation Registry, including
the Aircraft Registration Branch and the Airmen Certification
Branch.
(d) Manual Surcharge.--Chapter 453 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 45306. Manual surcharge
``(a) In General.--Not later 3 years after the date of
enactment of the FAA Reauthorization Act of 2018, the
Administrator shall impose and collect a surcharge on a Civil
Aviation Registry transaction that--
``(1) is conducted in person at the Civil Aviation
Registry;
``(2) could be conducted, as determined by the
Administrator, with the same or greater level of efficiency
by electronic or other remote means; and
``(3) is not related to research or other non-commercial
activities.
``(b) Maximum Surcharge.--A surcharge imposed and collected
under subsection (a) shall not exceed twice the maximum fee
the Administrator is authorized to charge for the
registration of an aircraft, not used to provide air
transportation, after the transfer of ownership under section
45302(b)(2).
``(c) Credit to Account and Availability.--Monies collected
from a surcharge imposed under subsection (a) shall be
treated as monies collected under section 45302 and subject
to the terms and conditions set forth in section 45302(d).''.
(e) Report.--Not later than 1 year after date of enactment
of this Act, and annually thereafter until the covered
upgrades required under subsection (a) are complete, the
Administrator shall submit a report to the appropriate
committees of Congress describing--
(1) the schedule for the covered upgrades to the Registry;
(2) the office responsible for the implementation of the
such covered upgrades;
(3) the metrics being used to measure progress in
implementing the covered upgrades; and
(4) the status of the covered upgrades as of the date of
the report.
SEC. 547. ENHANCED AIR TRAFFIC SERVICES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the
[[Page H8960]]
Administrator shall establish a pilot program to provide air
traffic control services on a preferential basis to aircraft
equipped with certain NextGen avionics that--
(1) lasts at least 2 years; and
(2) operates in at least 3 suitable airports.
(b) Duration of Daily Service.--The air traffic control
services provided under the pilot program established under
subsection (a) shall occur for at least 3 consecutive hours
between 0600 and 2200 local time during each day of the pilot
program.
(c) Airport Selection.--The Administrator shall designate
airports for participation in the pilot program after
consultation with aircraft operators, manufacturers, and
airport sponsors.
(d) Definitions.--
(1) Certain nextgen avionics.--The term ``certain NextGen
avionics'' means those avionics and related software
designated by the Administrator after consultations with
aircraft operators and manufacturers.
(2) Preferential basis.--The term ``preferential basis''
means--
(A) prioritizing aircraft equipped with certain NextGen
avionics during a Ground Delay Program by assigning them
fewer minutes of delay relative to other aircraft based upon
principles established after consultation with aircraft
operators and manufacturers; or
(B) sequencing aircraft equipped with certain NextGen
avionics ahead of other aircraft in the Traffic Flow
Management System to the maximum extent consistent with
safety.
(e) Sunset.--The pilot program established under subsection
(a) shall terminate on September 30, 2023.
(f) Report.--Not later than 90 days after the date on which
the pilot program terminates, the Administrator shall submit
to the appropriate committees of Congress a report on the
results of the pilot program.
SEC. 548. SENSE OF CONGRESS ON ARTIFICIAL INTELLIGENCE IN
AVIATION.
It is the sense of Congress that the Administration should,
in consultation with appropriate Federal agencies and
industry stakeholders, periodically review the use or
proposed use of artificial intelligence technologies within
the aviation system and assess whether the Administration
needs a plan regarding artificial intelligence standards and
best practices to carry out its mission.
SEC. 549. STUDY ON CYBERSECURITY WORKFORCE OF FAA.
(a) Study.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall enter into an
agreement with the National Academy of Sciences to conduct a
study on the cybersecurity workforce of the Administration in
order to develop recommendations to increase the size,
quality, and diversity of such workforce, including
cybersecurity researchers and specialists.
(b) Report to Congress.--Not later than 180 days after the
completion of the study conducted under subsection (a), the
Administrator shall submit to the appropriate committees of
Congress a report on the results of such study.
SEC. 550. TREATMENT OF MULTIYEAR LESSEES OF LARGE AND
TURBINE-POWERED MULTIENGINE AIRCRAFT.
The Secretary of Transportation shall revise such
regulations as may be necessary to ensure that multiyear
lessees and owners of large and turbine-powered multiengine
aircraft are treated equally for purposes of joint ownership
policies of the FAA.
SEC. 551. EMPLOYEE ASSAULT PREVENTION AND RESPONSE PLANS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, each air carrier operating under part
121 of title 14, Code of Federal Regulations (in this section
referred to as a ``part 121 air carrier''), shall submit to
the Administrator for review and acceptance an Employee
Assault Prevention and Response Plan related to the customer
service agents of the air carrier and that is developed in
consultation with the labor union representing such agents.
(b) Contents of Plan.--An Employee Assault Prevention and
Response Plan submitted under subsection (a) shall include
the following:
(1) Reporting protocols for air carrier customer service
agents who have been the victim of a verbal or physical
assault.
(2) Protocols for the immediate notification of law
enforcement after an incident of verbal or physical assault
committed against an air carrier customer service agent.
(3) Protocols for informing Federal law enforcement with
respect to violations of section 46503 of title 49, United
States Code.
(4) Protocols for ensuring that a passenger involved in a
violent incident with a customer service agent of an air
carrier is not allowed to move through airport security or
board an aircraft until appropriate law enforcement has had
an opportunity to assess the incident and take appropriate
action.
(5) Protocols for air carriers to inform passengers of
Federal laws protecting Federal, airport, and air carrier
employees who have security duties within an airport.
(c) Employee Training.--A part 121 air carrier shall
conduct initial and recurrent training for all employees,
including management, of the air carrier with respect to the
plan required under subsection (a), which shall include
training on de-escalating hostile situations, written
protocols on dealing with hostile situations, and the
reporting of relevant incidents.
(d) Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) complete a study of crimes of violence (as defined in
section 16 of title 18, United States Code) committed against
airline customer service representatives while they are
performing their duties and on airport property; and
(2) submit the findings of the study, including any
recommendations, to the appropriate committees of Congress.
(e) Gap Analysis.--The study required under subsection (d)
shall include a gap analysis to determine if State and local
laws and resources are adequate to deter or otherwise address
the crimes of violence described in subsection (a) and
recommendations on how to address any identified gaps.
SEC. 552. STUDY ON TRAINING OF CUSTOMER-FACING AIR CARRIER
EMPLOYEES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
conduct a study on the training received by customer-facing
employees of air carriers.
(b) Contents.--The study shall include--
(1) an analysis of the training received by customer-facing
employees with respect to the management of disputes on
aircraft;
(2) an examination of how institutions of higher learning,
in coordination with air carriers, customer-facing employees
and their representatives, consumer advocacy organizations,
and other stakeholders, could--
(A) review such training and related practices;
(B) produce recommendations; and
(C) if determined appropriate, provide supplemental
training; and
(3) the effectiveness of air carriers' Employee Assault
Prevention and Response Plans required under section 551.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the results of
the study.
SEC. 553. AUTOMATED WEATHER OBSERVING SYSTEMS POLICY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall--
(1) update automated weather observing systems standards to
maximize the use of new technologies that promote the
reduction of equipment or maintenance cost for non-Federal
automated weather observing systems, including the use of
remote monitoring and maintenance, unless demonstrated to be
ineffective;
(2) review, and if necessary update, existing policies in
accordance with the standards developed under paragraph (1);
and
(3) establish a process under which appropriate onsite
airport personnel or an aviation official may, with
appropriate manufacturer training or alternative training as
determined by the Administrator, be permitted to conduct the
minimum triannual preventative maintenance checks under the
advisory circular for non-Federal automated weather observing
systems (AC 150/5220-16E) and any other similar, successor
checks.
(b) Permission.--Permission to conduct the minimum
triannual preventative maintenance checks described under
subsection (a)(3) and any similar, successor checks shall not
be withheld but for specific cause.
(c) Standards.--In updating the standards under subsection
(a)(1), the Administrator shall--
(1) ensure the standards are performance-based;
(2) use risk analysis to determine the accuracy of the
automated weather observing systems outputs required for
pilots to perform safe aircraft operations; and
(3) provide a cost-benefit analysis to determine whether
the benefits outweigh the cost for any requirement not
directly related to safety.
(d) AIP Eligibility of AWOS Equipment.--
(1) In general.--Notwithstanding any other law, the
Administrator is authorized to and shall waive any positive
benefit-cost ratio requirement for automated weather-
observing system equipment under subchapter I of chapter 471,
of title 49, United States Code, if--
(A) the airport sponsor or State, as applicable, certifies
that a grant for such automated weather observing systems
equipment under that chapter will assist an applicable
airport to respond to regional emergency needs, including
medical, firefighting, and search and rescue needs;
(B) the Secretary determines, after consultation with the
airport sponsor or State, as applicable, that the placement
of automated weather-observing equipment at the airport will
not cause unacceptable radio frequency congestion; and
(C) the other requirements under that chapter are met.
(2) Applicability to low population density states.--This
subsection is applicable only to airports located in states
with a population density, based on the most recent decennial
census, of 50 or fewer persons per square mile.
(e) Report.--Not later than September 30, 2025, the
Administrator shall submit to the appropriate committees of
Congress a report on the implementation of the requirements
under this section.
SEC. 554. PRIORITIZING AND SUPPORTING THE HUMAN INTERVENTION
MOTIVATION STUDY (HIMS) PROGRAM AND THE FLIGHT
ATTENDANT DRUG AND ALCOHOL PROGRAM (FADAP).
(a) In General.--The Administration shall continue to
prioritize and support the
[[Page H8961]]
Human Intervention Motivation Study (HIMS) program for flight
crewmembers and the Flight Attendant Drug and Alcohol Program
(FADAP) for flight attendants.
(b) Study and Recommendations.--
(1) In general.--The Secretary of Transportation shall
enter into an agreement with the Transportation Research
Board (in this subsection referred to as the ``Board'') under
which the Board shall--
(A) conduct a study on the Human Intervention Motivation
Study (HIMS) program, the Flight Attendant Drug and Alcohol
Program (FADAP), and any other drug and alcohol programs
within the other modal administrations within the Department
of Transportation;
(B) to the extent justified by the findings from the study
described in subparagraph (A), make recommendations to the
Federal Aviation Administration and other administrations
within the Department of Transportation on how to implement
programs, or changes to existing programs, that seek to help
transportation workers get treatment for drug and alcohol
abuse and return to work; and
(C) upon the completion of the study described in
subparagraph (A), submit to the appropriate committees of
Congress a report on such study, including the Board's
findings, conclusions, and recommendations.
(2) Requirement.--In conducting the study under paragraph
(1), the Board shall identify--
(A) best policies and practices within existing programs;
and
(B) best prevention, early intervention, and return to work
practices specifically around prescription medication abuse,
with a special emphasis on employee use of opioids.
SEC. 555. COST-EFFECTIVENESS ANALYSIS OF EQUIPMENT RENTAL.
(a) Agency Analysis of Equipment Acquisition.--
(1) In general.--Except as provided for under subsection
(d), the head of each executive agency shall acquire
equipment using the method of acquisition most advantageous
to the Federal Government based on a case-by-case analysis of
comparative costs and other factors, including those factors
listed in section 7.401 of the Federal Acquisition
Regulation.
(2) Methods of acquisition.--The methods of acquisition to
be compared in the analysis under paragraph (1) shall
include, at a minimum, purchase, short-term rental or lease,
long-term rental or lease, interagency acquisition, and
acquisition agreements with a State or a local government as
described in subsection (c).
(3) Amendment of federal acquisition regulation.--Not later
than 180 days after the date of the enactment of this Act,
the Federal Acquisition Regulatory Council shall amend the
Federal Acquisition Regulation to implement the requirement
of this subsection, including a determination of the factors
for executive agencies to consider for purposes of performing
the analysis under paragraph (1).
(4) Rule of construction.--Nothing in this subsection shall
be construed to affect the requirements of chapter 37 of
title 41, United States Code, section 2305 of title 10,
United States Code, or section 1535 of title 31, United
States Code.
(b) Date of Implementation.--The analysis described in
subsection (a) shall be applied to contracts for the
acquisition of equipment entered into on or after the date
that the Federal Acquisition Regulation is amended pursuant
to paragraph (3) of such subsection.
(c) Acquisition Agreements With States or Local
Governments.--
(1) In general.--Notwithstanding any other provision of
law, including chapter 37 of title 41, United States Code,
the Small Business Act (15 U.S.C. 631 et seq.), and section
2305 of title 10, United States Code, the head of an
executive agency may enter into an acquisition agreement
authorized by this section directly with a State or a local
government if the agency head determines that the agreement
otherwise satisfies the requirements of subsection (a)(1).
(2) Terms and conditions.--Any agreement under paragraph
(1) shall contain such terms and conditions as the head of
the agency deems necessary or appropriate to protect the
interests of the United States.
(d) Exceptions.--The analysis otherwise required under
subsection (a) is not required--
(1) when the President has issued an emergency declaration
or a major disaster declaration pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.);
(2) in other emergency situations if the agency head makes
a determination that obtaining such equipment is necessary in
order to protect human life or property; or
(3) when otherwise authorized by law.
(e) Study of Agency Analyses.--Not later than 2 years after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a comprehensive report on
the decisions made by the executive agencies with the highest
levels of acquisition spending, and a sample of executive
agencies with lower levels of acquisition spending, to
acquire high-value equipment by lease, rental, or purchase
pursuant to subpart 7.4 of the Federal Acquisition
Regulation.
(f) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 102 of title 40,
United States Code.
(2) Interagency acquisition.--The term ``interagency
acquisition'' has the meaning given that term in section
2.101 of the Federal Acquisition Regulation.
(3) State.--The term ``State'' has the meaning given the
term in section 6501 of title 31, United States Code.
(4) Local government.--The term ``local government'' means
any unit of local government within a State, including a
county, municipality, city, borough, town, township, parish,
local public authority, school district, special district,
intrastate district, council of governments, or regional or
interstate government entity, and any agency or
instrumentality of a local government.
SEC. 556. AIRCRAFT REGISTRATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall initiate a
rulemaking to increase the duration of aircraft registrations
for noncommercial general aviation aircraft to 7 years.
(b) Considerations.--In promulgating the notice of proposed
rulemaking described in subsection (a), the Administrator may
consider any events, circumstances, changes in any ownership
entity or structure, or other condition that would
necessitate renewal prior to the expiration of an aircraft
registration.
SEC. 557. REQUIREMENT TO CONSULT WITH STAKEHOLDERS IN
DEFINING SCOPE AND REQUIREMENTS FOR FUTURE
FLIGHT SERVICE PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall consult with stakeholders in
defining the scope and requirements for any new Future Flight
Service Program of the Administration to be used in a
competitive source selection for the next flight service
contract with the Administration.
SEC. 558. FEDERAL AVIATION ADMINISTRATION PERFORMANCE
MEASURES AND TARGETS.
(a) Performance Measures.--Not later than 180 days after
the date of enactment of this Act, the Secretary of
Transportation shall establish performance measures relating
to the management of the Administration, which shall, at a
minimum, include measures to assess--
(1) the timely and cost-effective completion of projects;
and
(2) the effectiveness of the Administration in achieving
the goals described in section 47171 of title 49, United
States Code.
(b) Performance Targets.--Not later than 180 days after the
date on which the Secretary establishes performance measures
in accordance with subsection (a), the Secretary shall
establish performance targets relating to each of the
measures described in that subsection.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the inspector general of the
Department of Transportation shall submit to the appropriate
committees of Congress a report describing the progress of
the Secretary in meeting the performance targets established
under subsection (b).
SEC. 559. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES
IN THE NEW YORK CITY AND NEWARK REGION.
Not later than 90 days after the date of enactment of this
Act, the Administrator shall submit to the appropriate
committees of Congress a report on the Administration's
staffing and scheduling plans for air traffic control
facilities in the New York City and Newark region for the 1-
year period beginning on such date of enactment.
SEC. 560. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA
METROPOLITAN AREA AIRSPACE PROJECT.
Not later than 90 days after the date of enactment of this
Act, the Administrator shall develop and publish in the
Federal Register a work plan for the New York/New Jersey/
Philadelphia Metropolitan Area Airspace Project.
SEC. 561. ANNUAL REPORT ON INCLUSION OF DISABLED VETERAN
LEAVE IN PERSONNEL MANAGEMENT SYSTEM.
Not later than 1 year after the date of enactment of this
Act, and not less frequently than annually there after until
the date that is 5 years after the date of enactment of this
Act, the Administrator shall publish on a publicly accessible
internet website a report on--
(1) the effect of the amendments made by subsections (a)
and (b) of section 2 of the Federal Aviation Administration
Veteran Transition Improvement Act of 2016 (Public Law 114-
242), on the Administration's work force; and
(2) the number of disabled veterans benefitting from such
subsections.
SEC. 562. ENHANCED SURVEILLANCE CAPABILITY.
Not later than 120 days after the date of enactment of this
Act, the Administrator shall identify and implement a
strategy to--
(1) advance near-term and long-term uses of enhanced
surveillance systems, such as space-based ADS-B, within
United States airspace or international airspace delegated to
the United States;
(2) exercise leadership on setting global standards for the
separation of aircraft in oceanic airspace by working with--
(A) foreign counterparts of the Administrator in the
International Civil Aviation Organization and its subsidiary
organizations;
[[Page H8962]]
(B) other international organizations and fora; and
(C) the private sector; and
(3) ensure the participation of the Administration in the
analysis of trials of enhanced surveillance systems, such as
space-based ADS-B, performed by foreign air navigation
service providers in North Atlantic airspace.
SEC. 563. ACCESS OF AIR CARRIERS TO INFORMATION ABOUT
APPLICANTS TO BE PILOTS FROM NATIONAL DRIVER
REGISTER.
Section 30305(b)(8) of title 49, United States Code, is
amended to read as follows:
``(8)(A) An individual who is seeking employment by an air
carrier as a pilot may request the chief driver licensing
official of a State to provide information about the
individual under subsection (a) of this section to the
prospective employer of the individual, the authorized agent
of the prospective employer, or the Secretary of
Transportation.
``(B) An air carrier that is the prospective employer of an
individual described in subparagraph (A), or an authorized
agent of such an air carrier, may request and receive
information about that individual from the National Driver
Register through an organization approved by the Secretary
for purposes of requesting, receiving, and transmitting such
information directly to the prospective employer of such an
individual or the authorized agent of the prospective
employer. This paragraph shall be carried out in accordance
with paragraphs (2) and (11) of section 44703(h) and the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.).
``(C) Information may not be obtained from the National
Driver Register under this paragraph if the information was
entered in the Register more than 5 years before the request
unless the information is about a revocation or suspension
still in effect on the date of the request.''.
SEC. 564. REGULATORY REFORM.
Section 106(p)(5) of title 49, United States Code, is
amended--
(1) by striking ``Committee, or'' and inserting
``Committee,''; and
(2) by striking the period at the end and inserting ``, or
such aerospace rulemaking committees as the Secretary shall
designate.''.
SEC. 565. AVIATION FUEL.
(a) Use of Unleaded Aviation Gasoline.--The Administrator
shall allow the use of an unleaded aviation gasoline in an
aircraft as a replacement for a leaded gasoline if the
Administrator--
(1) determines that the unleaded aviation gasoline
qualifies as a replacement for an approved leaded gasoline;
(2) identifies the aircraft and engines that are eligible
to use the qualified replacement unleaded gasoline; and
(3) adopts a process (other than the traditional means of
certification) to allow eligible aircraft and engines to
operate using qualified replacement unleaded gasoline in a
manner that ensures safety.
(b) Timing.--The Administrator shall adopt the process
described in subsection (a)(3) not later than 180 days after
the later of--
(1) the date on which the Administration completes the
Piston Aviation Fuels Initiative; or
(2) the date on which the American Society for Testing and
Materials publishes a production specification for an
unleaded aviation gasoline.
(c) Type Certification.--Existing regulatory mechanisms by
which an unleaded aviation gasoline can be approved for use
in an engine or aircraft by Type or Supplemental Type
Certificate for individual aircraft and engine types or by
Approved Model List Supplemental Type Certificate providing
coverage for a broad range of applicable types of aircraft or
engines identified in the application shall continue to be
fully available as a means of approving and bringing an
unleaded aviation gasoline into general use in the United
States. Such approvals shall be issued when the Administrator
finds that the aircraft or engine performs properly and meets
the applicable regulations and minimum standards under the
normal certification process.
SEC. 566. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC CONTROL
SYSTEM.
Notwithstanding any other provision of law, the
Administrator shall, upon request of a private aircraft owner
or operator, block the registration number of the aircraft of
the owner or operator from any public dissemination or
display, except in data made available to a Government
agency, for the noncommercial flights of the owner or
operator.
SEC. 567. FEDERAL AVIATION ADMINISTRATION WORKFORCE REVIEW.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a review to assess the workforce and
training needs of the FAA in the anticipated budgetary
environment.
(b) Contents.--In conducting the review, the Comptroller
General shall--
(1) identify the long-term workforce and training needs of
the FAA workforce;
(2) assess the impact of automation, digitalization, and
artificial intelligence on the FAA workforce;
(3) analyze the skills and qualifications required of the
FAA workforce for successful performance in the current and
future projected aviation environment;
(4) review current performance incentive policies of the
FAA, including awards for performance;
(5) analyze ways in which the FAA can work with industry
and labor, including labor groups representing the FAA
workforce, to establish knowledge-sharing opportunities
between the FAA and the aviation industry regarding new
equipment and systems, best practices, and other areas of
interest; and
(6) develop recommendations on the most effective
qualifications, training programs (including e-learning
training), and performance incentive approaches to address
the needs of the future projected aviation regulatory system
in the anticipated budgetary environment.
(c) Report.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the review.
SEC. 568. REVIEW OF APPROVAL PROCESS FOR USE OF LARGE AIR
TANKERS AND VERY LARGE AIR TANKERS FOR WILDLAND
FIREFIGHTING.
(a) Review and Improvement of Current Approval Process.--
The Chief of the Forest Service, in consultation with the
Administrator, shall conduct a review of the process used by
the Forest Service to approve the use of large air tankers
and very large air tankers for wildland firefighting for the
purpose of--
(1) determining the current effectiveness, safety, and
consistency of the approval process;
(2) developing recommendations for improving the
effectiveness, safety, and consistency of the approval
process; and
(3) assisting in developing standardized next-generation
requirements for air tankers used for firefighting.
(b) Reporting Requirement.--Not later than 1 year after the
date of enactment of this Act, the Chief of the Forest
Service shall submit to Congress a report describing the
outcome of the review conducted under subsection (a).
SEC. 569. FAA TECHNICAL WORKFORCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(1) identify and assess barriers to attracting, developing,
training, and retaining a talented workforce in the areas of
systems engineering, architecture, systems integration,
digital communications, and cybersecurity;
(2) develop a comprehensive plan to attract, develop,
train, and retain talented individuals in those fields; and
(3) identify existing authorities available to the
Administrator, through personnel reform, to attract, develop,
and retain this talent.
(b) Report.--The Administrator shall submit to the
appropriate committees of Congress a report on the progress
made toward implementing the requirements under subsection
(a).
SEC. 570. STUDY ON AIRPORT CREDIT ASSISTANCE.
(a) Review.--
(1) In general.--The Secretary of Transportation shall
conduct a review to determine whether a Federal credit
assistance program would be beneficial and feasible for
airport-related projects as defined in section 40117(a) of
title 49, United States Code.
(2) Considerations.--In carrying out the review under
paragraph (1), the Secretary may consider--
(A) expanding eligibility under an existing Federal credit
assistance program to include such projects; and
(B) establishing a new credit assistance program for such
projects.
(b) Report.--Not later than 270 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on the
Environment and Public Works of the Senate a report on the
results of the review carried out under subsection (a). The
report shall include a description of--
(1) the benefits and other effects;
(2) potential projects;
(3) the budgetary impacts, including an estimate of--
(A) the average annual loan volume;
(B) the average subsidy rate; and
(C) any loss of Federal revenue;
(4) impacts on existing programs;
(5) the administrative costs; and
(6) any personnel changes.
SEC. 571. SPECTRUM AVAILABILITY.
(a) Findings.--Congress makes the following findings:
(1) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note)
requires the Secretary of Commerce to identify 30 megahertz
of electromagnetic spectrum below the frequency of 3
gigahertz to be reallocated to non-Federal use, to shared
Federal and non-Federal use, or to a combination thereof.
(2) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note)
authorized the Director of the Office of Management and
Budget to use amounts made available through the Spectrum
Relocation Fund to make payments to Federal entities for
research and development, engineering studies, economic
analyses, and other activities intended to improve the
efficiency and effectiveness of Federal spectrum use in order
to make such spectrum available for reallocation for non-
Federal use, for shared Federal and non-Federal use, or for a
combination thereof.
(3) The Federal Aviation Administration, in coordination
with the Department of Commerce, the Department of Defense,
and
[[Page H8963]]
the Department of Homeland Security, established the Spectrum
Efficient National Surveillance Radar (referred to in this
section as ``SENSR'') Program to assess the feasibility of
consolidating certain long-range, short-range, and weather
radar systems in order to make available the 1300-1350
megahertz band.
(4) The SENSR Program received approval and approximately
$71,500,000 from Office of Management and Budget on June 2,
2017, to proceed with Phase I of the SENSR Spectrum Pipeline
Plan, which will focus on requirements and concept
development as well as documenting expected costs and
information for all impacted Federal spectrum systems.
(b) Sense of Congress.--It is the sense of Congress that
the SENSR Program of the FAA should continue its assessment
of the feasibility of making the 1300-1350 megahertz band of
electromagnetic spectrum available for non-Federal use.
SEC. 572. SPECIAL REVIEW RELATING TO AIR SPACE CHANGES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Aviation Management
Advisory Council established under section 106(p) of title
49, United States Code (in this section referred to as the
``Council'') shall initiate a special review of the Federal
Aviation Administration.
(b) Review.--The special review of the Administration
required under subsection (a) shall consist of the following:
(1) A review of the practices and procedures of the Federal
Aviation Administration for developing proposals with respect
to changes in regulations, policies, or guidance of the
Federal Aviation Administration relating to airspace that
affect airport operations, airport capacity, the environment,
or communities in the vicinity of airports, including an
assessment of the extent to which there is consultation, or a
lack of consultation, with respect to such proposals--
(A) between and among the affected elements of the Federal
Aviation Administration, including the Air Traffic
Organization, the Office of Airports, the Flight Standards
Service, the Office of NextGen, and the Office of Energy and
Environment; and
(B) between the Federal Aviation Administration and
affected entities, including airports, aircraft operators,
communities, and State and local governments.
(2) Recommendations for revisions to such practices and
procedures to improve communications and coordination between
and among affected elements of the Federal Aviation
Administration and with other affected entities with respect
to proposals described in paragraph (1) and the potential
effects of such proposals.
(c) Consultation.--In conducting the special review, the
Council shall consult with--
(1) air carriers, including passenger and cargo air
carriers;
(2) general aviation, including business aviation and fixed
wing aircraft and rotorcraft;
(3) airports of various sizes and types;
(4) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(5) State aviation officials.
(d) Report Required.--Not later than 2 years after the date
of enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the
results of the special review conducted by the Council,
including a description of the comments, recommendations, and
dissenting views received from the Council and a description
of how the Administrator plans to implement the
recommendations of the Council.
SEC. 573. REIMBURSEMENT FOR IMMIGRATION INSPECTIONS.
Section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)) is amended--
(1) by inserting ``, train,'' after ``commercial
aircraft''; and
(2) by inserting ``, rail line,'' after ``airport''.
SEC. 574. FAA EMPLOYEES IN GUAM.
(a) In General.--The Secretary of Transportation shall use
existing authorities to negotiate an agreement that shall be
renegotiated after no sooner than 3 years with the Secretary
of Defense--
(1) to authorize Federal Aviation Administration employees
assigned to Guam, their spouses, and their dependent children
access to Department of Defense health care facilities
located in Guam on a space available basis; and
(2) to provide for payments by the Federal Aviation
Administration to the Department of Defense for the
administrative and any other costs associated with--
(A) enrolling Federal Aviation Administration employees
assigned to Guam, their spouses, and their dependent children
in any Department of Defense health care facility necessary
to allow access pursuant to paragraph (1); and
(B) third-party billing for any medical costs incurred as a
result of Federal Aviation Administration employees, their
spouses, or their dependent children accessing and receiving
medical treatment or services at a Department of Defense
health care facility located in Guam.
(b) Funds Subject to Appropriations.--Funds for payments by
the Federal Aviation Administration described in subsection
(a)(2) are subject to the availability of amounts
specifically provided in advance for that purpose in
appropriations Acts.
(c) Report on Access to Facilities of the Department of
Defense in Guam.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Transportation
and the Secretary of Defense shall jointly submit a report to
the Committees on Armed Services of the Senate and the House
of Representatives, the Committee on Commerce of the Senate,
and the Committee on Transportation and Infrastructure of the
House of Representatives on eligibility for and access to
Department of Defense support facilities by Federal Aviation
Administration employees in the U.S. territory of Guam.
(2) Scope.--The report required under paragraph (1) shall:
(A) Evaluate the ability of Department of Defense support
facilities in Guam to adequately serve current military
personnel and dependent populations.
(B) Determine how any substantial increases to military
personnel and dependent populations in Guam would impact the
ability of existing Department of Defense support facilities
to provide services for military personnel and dependents
stationed in Guam.
(C) Provide recommendations on any improvements to existing
Department of Defense facilities which may be needed to
ensure those facilities in Guam can support an increased
population of military personnel and dependent population in
Guam.
(D) Consider the impact of expanded access to Department of
Defense support facilities in Guam to Federal Aviation
Administration employees and their families on the ability of
those facilities to provide services to military personnel
and their families.
(E) Recognize the Federal Aviation Administration's vital
role as the sole provider of radar air traffic control
services for aircraft traversing into and out of the airspace
near and above Guam the vast majority of which are military
operations, Department of Defense aircraft, or other aircraft
traveling to Guam in order to interact with Department of
Defense facilities.
(F) Review the existing authorities authorizing eligibility
and access for non-military personnel and their dependents to
Department of Defense support facilities, including health
care facilities, commissaries, and exchanges, outside the
continental United States.
(G) Determine the applicability of those existing
authorities to Department of Defense support facilities in
the U.S. territory of Guam.
(H) Outline the specific conditions on Guam, which may
necessitate access to Department of Defense support
facilities in Guam by Federal Aviation Administration
personnel and their families.
(I) Determine any changes in laws or regulations that may
be necessary to authorize Federal Aviation Administration
employees and their families access to Department of Defense
health care facilities, commissaries, and exchanges in Guam.
SEC. 575. GAO STUDY ON AIRLINE COMPUTER NETWORK DISRUPTIONS.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to the appropriate committees of Congress a report
containing a review of the following:
(1) Direct and indirect effects on passengers, if any,
resulting from significant computer network disruptions of
part 121 (of title 49, Code of Federal Regulations) air
carriers between January 1, 2014, and the date of enactment
of this section, including--
(A) systemwide delays;
(B) flight cancellations; and
(C) disrupted or broken itineraries.
(2) An estimate of any expenses incurred by passengers
during significant computer network disruptions, including--
(A) meals, lodging, and ancillary expenses per persons;
(B) late hotel check-in or car rental fees;
(C) missed cruise-ship departures; and
(D) lost productivity.
(3) Air carriers' contracts of carriage and interline
agreements to determine if and how air carriers accommodate
passengers affected by significant computer network
disruptions on other air carriers or foreign air carriers.
(4) Whether passengers who have been displaced by
significant computer network disruptions are furnished with
alternative transportation aboard another air carrier or
foreign air carrier.
(5) Costs incurred by airports, if any, to meet the
essential needs of passengers, including increased demands on
utilities, food concessionaires, restroom facilities, and
security staffing, during significant computer network
disruptions.
(6) Other costs, if any, incurred by passengers, airports,
and other entities as a direct result of significant computer
network disruptions.
(7) Processes, plans, and redundancies in place at air
carriers to respond to and recover from such network
disruptions.
SEC. 576. TOWER MARKING.
Section 2110 of the FAA Extension, Safety, and Security Act
of 2016 (49 U.S.C. 44718 note) is amended to read as follows:
``SEC. 2110. TOWER MARKING.
``(a) Application.--
``(1) In general.--Except as provided by paragraph (2), not
later than 18 months after the date of enactment of the FAA
Reauthorization Act of 2018 or the date of availability of
the database developed by the Administrator pursuant to
subsection (c), whichever is later, all covered towers shall
be either--
[[Page H8964]]
``(A) clearly marked consistent with applicable guidance in
the advisory circular of the FAA issued December 4, 2015 (AC
70/7460-IL); or
``(B) included in the database described in subsection (c).
``(2) Meteorological evaluation tower.--A covered tower
that is a meteorological evaluation tower shall be subject to
the requirements of subparagraphs (A) and (B) of paragraph
(1).
``(b) Definitions.--
``(1) In general.--In this section, the following
definitions apply:
``(A) Covered tower.--
``(i) In general.--The term `covered tower' means a
structure that--
``(I) is a meteorological evaluation tower, a self-standing
tower, or tower supported by guy wires and ground anchors;
``(II) is 10 feet or less in diameter at the above-ground
base, excluding concrete footing;
``(III) at the highest point of the structure is at least
50 feet above ground level;
``(IV) at the highest point of the structure is not more
than 200 feet above ground level;
``(V) has accessory facilities on which an antenna, sensor,
camera, meteorological instrument, or other equipment is
mounted; and
``(VI) is located on land that is--
``(aa) in a rural area; and
``(bb) used for agricultural purposes or immediately
adjacent to such land.
``(ii) Exclusions.--The term `covered tower' does not
include any structure that--
``(I) is adjacent to a house, barn, electric utility
station, or other building;
``(II) is within the curtilage of a farmstead or adjacent
to another building or visible structure;
``(III) supports electric utility transmission or
distribution lines;
``(IV) is a wind-powered electrical generator with a rotor
blade radius that exceeds 6 feet;
``(V) is a street light erected or maintained by a Federal,
State, local, or tribal entity;
``(VI) is designed and constructed to resemble a tree or
visible structure other than a tower;
``(VII) is an advertising billboard;
``(VIII) is located within the right-of-way of a rail
carrier, including within the boundaries of a rail yard, and
is used for a railroad purpose;
``(IX)(aa) is registered with the Federal Communications
Commission under the Antenna Structure Registration program
set forth under part 17 of title 47, Code of Federal
Regulations; and
``(bb) is determined by the Administrator to pose no hazard
to air navigation; or
``(X) has already mitigated any hazard to aviation safety
in accordance with Federal Aviation Administration guidance
or as otherwise approved by the Administrator.
``(B) Rural area.--The term `rural area' has the meaning
given the term in section 609(a)(5) of the Public Utility
Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)(5)).
``(C) Agricultural purposes.--The term `agricultural
purposes' means farming in all its branches and the
cultivation and tillage of the soil, the production,
cultivation, growing, and harvesting of any agricultural or
horticultural commodities performed by a farmer or on a farm,
or on pasture land or rangeland.
``(2) Other definitions.--The Administrator shall define
such other terms as may be necessary to carry out this
section.
``(c) Database.--The Administrator shall--
``(1) develop a new database, or if appropriate use an
existing database that meets the requirements under this
section, that contains the location and height of each
covered tower that, pursuant to subsection (a), the owner or
operator of such tower elects not to mark (unless the
Administrator has determined that there is a significant
safety risk requiring that the tower be marked), except that
meteorological evaluation towers shall be marked and
contained in the database;
``(2) keep the database current to the extent practicable;
``(3) ensure that any proprietary information in the
database is protected from disclosure in accordance with law;
``(4) ensure that, by virtue of accessing the database,
users agree and acknowledge that information in the
database--
``(A) may only be used for aviation safety purposes; and
``(B) may not be disclosed for purposes other than aviation
safety, regardless of whether or not the information is
marked or labeled as proprietary or with a similar
designation;
``(5) ensure that the tower information in the database is
de-identified and that the information only includes the
location and height of covered towers and whether the tower
has guy wires;
``(6) ensure that information in the dataset is encrypted
at rest and in transit and is protected from unauthorized
access and acquisition;
``(7) ensure that towers excluded from the definition of
covered tower under subsection (d)(1)(B)(ii)(VIII) must be
registered by its owner in the database;
``(8) ensure that a tower to be included in the database
pursuant to subsection (c)(1) and constructed after the date
on which the database is fully operational is submitted by
its owner to the FAA for inclusion in the database before its
construction;
``(9) ensure that pilots who intend to conduct low-altitude
operations in locations described in subsection
(b)(1)(A)(i)(VI) consult the relevant parts of the database
before conducting such operations; and
``(10) make the database available for use not later than 1
year after the date of enactment of the FAA Reauthorization
Act of 2018.
``(d) Exclusion and Waiver Authorities.--As part of a
rulemaking conducted pursuant to this section, the
Administrator--
``(1) may exclude a class, category, or type of tower that
is determined by the Administrator, after public notice and
comment, to not pose a hazard to aviation safety;
``(2) shall establish a process to waive specific covered
towers from the marking requirements under this section as
required under the rulemaking if the Administrator later
determines such tower or towers do not pose a hazard to
aviation safety;
``(3) shall consider, in establishing exclusions and
granting waivers under this subsection, factors that may
sufficiently mitigate risks to aviation safety, such as the
length of time the tower has been in existence or alternative
marking methods or technologies that maintains a tower's
level of conspicuousness to a degree which adequately
maintains the safety of the airspace; and
``(4) shall consider excluding towers located in a State
that has enacted tower marking requirements according to the
Federal Aviation Administration's recommended guidance for
the voluntary marking of meteorological evaluation towers
erected in remote and rural areas that are less than 200 feet
above ground level to enhance the conspicuity of the towers
for low level agricultural operations in the vicinity of
those towers.
``(e) Periodic Review.--The Administrator shall, in
consultation with the Federal Communications Commission,
periodically review any regulations or guidance regarding the
marking of covered towers issued pursuant to this section and
update them as necessary, consistent with this section, and
in the interest of safety of low-altitude aircraft
operations.
``(f) FCC Regulations.--The Federal Communications
Commission shall amend section 17.7 of title 47, Code of
Federal Regulations, to require a notification to the Federal
Aviation Administration for any construction or alteration of
an antenna structure, as defined in section 17.2(a) of title
47, Code of Federal Regulations, that is a covered tower as
defined by this section.''.
SEC. 577. MINIMUM DIMENSIONS FOR PASSENGER SEATS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and after providing notice and an
opportunity for comment, the Administrator of the Federal
Aviation Administration shall issue regulations that
establish minimum dimensions for passenger seats on aircraft
operated by air carriers in interstate air transportation or
intrastate air transportation, including minimums for seat
pitch, width, and length, and that are necessary for the
safety of passengers.
(b) Definitions.--The definitions contained in section
40102(a) of title 49, United States Code, apply to this
section.
SEC. 578. JUDICIAL REVIEW FOR PROPOSED ALTERNATIVE
ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES.
Section 330 of title 23, United States Code, is amended--
(1) in subsection (a)(2), by striking ``5 States'' and
inserting ``2 States''; and
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``2 years'' and
inserting ``150 days as set forth in section 139(l)''; and
(B) in paragraph (3)(B)(i), by striking ``2 years'' and
inserting ``150 days as set forth in section 139(l)''.
SEC. 579. REGULATORY STREAMLINING.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall issue a final regulation revising section 121.333(c)(3)
of title 14, Code of Federal Regulations, to apply only to
flight altitudes above flight level 410.
SEC. 580. SPACEPORTS.
(a) Sense of Congress on State Spaceport Contributions.--It
is the Sense of Congress that--
(1) State and local government-owned or -operated
spaceports have contributed hundreds of millions of dollars
in infrastructure improvements to the national space launch
infrastructure, providing the United States Government and
commercial customers with world-class space launch and
processing infrastructure that is necessary to support
continued American leadership in space;
(2) State and local government-owned or -operated
spaceports play a critical role in providing resiliency and
redundancy in the national launch infrastructure to support
national security and civil government capabilities, and
should be recognized as a critical infrastructure in Federal
strategy and planning;
(3) continued State and local government investments at
launch and reentry facilities should be encouraged and to the
maximum extent practicable supported in Federal policies,
planning and infrastructure investment considerations,
including through Federal, State, and local partnerships;
(4) Federal investments in space infrastructure should
enable partnerships between Federal agencies and state and
local spaceports to modernize and enable expanded
[[Page H8965]]
21st century space transportation infrastructure, especially
multi-modal networks needed for robust space transportation
that support national security, civil, and commercial launch
customers; and
(5) States and local governments that have made investments
to build, maintain, operate, and improve capabilities for
national security, civil, and commercial customers should be
commended for their infrastructure contributions to launch
and reentry sites, and encouraged through a variety of
programs and policies to continue these investments in the
national interest.
(b) Establishment of Office of Spaceports.--
(1) Establishment of office of spaceports.--Title 51,
United States Code, is amended by adding at the end of
subtitle V the following:
``CHAPTER 515--OFFICE OF SPACEPORTS
``Sec. 51501. Establishment of Office of Spaceports
``(a) Establishment of Office.--Not later than 90 days
after the date of enactment of this section, the Secretary of
Transportation shall identify, within the Office of
Commercial Space Transportation, a centralized policy office
to be known as the Office of Spaceports.
``(b) Functions.--The Office of Spaceports shall--
``(1) support licensing activities for operation of launch
and reentry sites;
``(2) develop policies that promote infrastructure
improvements at spaceports;
``(3) provide technical assistance and guidance to
spaceports;
``(4) promote United States spaceports within the
Department; and
``(5) strengthen the Nation's competitiveness in commercial
space transportation infrastructure and increase resilience
for the Federal Government and commercial customers.
``(c) Recognition.--In carrying out the functions assigned
in subsection (b), the Secretary shall recognize the unique
needs and distinctions of spaceports that host--
``(1) launches to or reentries from orbit; and
``(2) are involved in suborbital launch activities.
``(d) Director.--The head of the Office of the Associate
Administrator for Commercial Space Transportation shall
designate a Director of the Office of Spaceports.
``(e) Definition.--In this section the term `spaceport'
means a launch or reentry site that is operated by an entity
licensed by the Secretary of Transportation.''.
(2) Technical and conforming amendment.--The table of
chapters of title 51, United State Code, is amended by adding
at the end of subtitle V the following:
``515. Office of Spaceports................................51501''.....
(c) Report on National Spaceports Policy.--
(1) Sense of congress.--It is the sense of Congress that--
(A) A robust network of space transportation
infrastructure, including spaceports, is vital to the growth
of the domestic space industry and America's competitiveness
and access to space.
(B) Non-Federal spaceports have significantly increased the
space transportation infrastructure of the United States
through significant investments by State and local
governments, which have encouraged greater private
investment.
(C) These spaceports have led to the development of a
growing number of orbital and suborbital launch and reentry
sites that are available to the national security, civil, and
commercial space customers at minimal cost to the Federal
Government.
(D) The Federal Government, led by the Secretary of
Transportation, should seek to promote the growth,
resilience, and capabilities of this space transportation
infrastructure through policies and through partnerships with
State and local governments.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to Congress a report that--
(A) evaluates the Federal Government's national security
and civil space transportation demands and the needs of the
United States and international commercial markets;
(B) proposes policies and programs designed to ensure a
robust and resilient orbital and suborbital spaceport
infrastructure to serve and capitalize on these space
transportation opportunities;
(C) reviews the development and investments made by
international competitors in foreign spaceports, to the
extent practicable;
(D) makes recommendations on how the Federal Government can
support, encourage, promote, and facilitate greater
investments in infrastructure at spaceports; and
(E) considers and makes recommendations about how
spaceports can fully support and enable the national space
policy.
(3) Updates to the report.--Not later than 3 years after
the date of enactment of this Act and every 2 years until
December 2024, the Secretary shall--
(A) update the previous report prepared under this
subsection; and
(B) submit the updated report to Congress.
(4) Consultations required.--In preparing the reports
required by this subsection, the Secretary shall consult with
individuals including--
(A) the Secretary of Defense;
(B) the Secretary of Commerce;
(C) the Administrator of the National Aeronautics and Space
Administration; and
(D) interested persons at spaceports, State and local
governments, and industry.
(d) Report on Space Transportation Infrastructure Matching
Grants.--
(1) GAO study and report.--The Comptroller General of the
United States shall conduct a study regarding spaceport
activities carried out pursuant to chapters 509 and 511 of
title 51, United States Code, including--
(A) an assessment of potential mechanisms to provide
Federal support to spaceports, including the airport
improvement program established under subchapter I of chapter
471 of title 49, United States Code, and the program
established under chapter 511 of title 51, United States
Code;
(B) recommendations for potential funding options; and
(C) any necessary changes to improve the spaceport
application review process.
(2) Consultation.--In carrying out the study described in
paragraph (1), the Comptroller General shall consult with
sources from each component of the commercial space
transportation sector, including interested persons in
industry and government officials at the Federal, State, and
local levels.
(3) User-funded spaceports.--In reviewing funding options,
the Comptroller General shall distinguish between spaceports
that are funded by users and those that are not.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report containing results of the study
conducted under paragraph (1).
(e) Definition.--In this section, the term ``spaceport''
means a launch or reentry site that is operated by an entity
licensed by the Secretary of Transportation.
SEC. 581. SPECIAL RULE FOR CERTAIN AIRCRAFT OPERATIONS (SPACE
SUPPORT VEHICLES).
(a) Space Support Vehicle Definitions.--Section 50902 of
title 51, United States Code, is amended--
(1) by redesignating paragraphs (21) through (25) as
paragraphs (23) through (27), respectively; and
(2) by inserting after paragraph (20) the following:
``(21) `space support vehicle flight' means a flight in the
air that--
``(A) is not a launch or reentry; but
``(B) is conducted by a space support vehicle.
``(22) `space support vehicle' means a vehicle that is--
``(A) a launch vehicle;
``(B) a reentry vehicle; or
``(C) a component of a launch or reentry vehicle.''.
(b) Special Rule for Certain Aircraft Operations.--
(1) In general.--Chapter 447, of title 49, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 44737. Special rule for certain aircraft operations.
``(a) In General.--The operator of an aircraft with a
special airworthiness certification in the experimental
category may--
``(1) operate the aircraft for the purpose of conducting a
space support vehicle flight (as that term is defined in
chapter 50902 of title 51); and
``(2) conduct such flight under such certificate carrying
persons or property for compensation or hire --
``(A) notwithstanding any rule or term of a certificate
issued by the Administrator of the Federal Aviation
Administration that would prohibit flight for compensation or
hire; or
``(B) without obtaining a certificate issued by the
Administrator to conduct air carrier or commercial
operations.
``(b) Limited Applicability.--Subsection (a) shall apply
only to a space support vehicle flight that satisfies each of
the following:
``(1) (1) The aircraft conducting the space support vehicle
flight--
``(A) takes flight and lands at a single site that is
operated by an entity licensed for operation under chapter
509 of title 51;
``(B) is owned or operated by a launch or reentry vehicle
operator licensed under chapter 509 of title 51, or on behalf
of a launch or reentry vehicle operator licensed under
chapter 509 of title 51;
``(C) is a launch vehicle, a reentry vehicle, or a
component of a launch or reentry vehicle licensed for
operations pursuant to chapter 509 of title 51; and
``(D) is used only to simulate space flight conditions in
support of--
``(i) training for potential space flight participants,
government astronauts, or crew (as those terms are defined in
chapter 509 of title 51);
``(ii) the testing of hardware to be used in space flight;
or
``(iii) research and development tasks, which require the
unique capabilities of the aircraft conducting the flight.
``(c) Rules of Construction.--
``(1) Space support vehicles.--Section 44711(a)(1) shall
not apply to a person conducting a space support vehicle
flight under this section only to the extent that a term of
the experimental certificate under which the person is
operating the space support vehicle prohibits the carriage of
persons or property for compensation or hire.
``(2) Authority of administrator.--Nothing in this section
shall be construed to limit
[[Page H8966]]
the authority of the Administrator of the Federal Aviation
Administration to exempt a person from a regulatory
prohibition on the carriage of persons or property for
compensation or hire subject to terms and conditions other
than those described in this section''.
(2) Technical amendment.--The table of contents of 447 of
title 49, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``Sec. 44737. Special rule for certain aircraft operations.''.
(3) Rule of construction relating to role of nasa.--Nothing
in this subsection shall be construed as limiting the ability
of National Aeronautics and Space Administration (NASA) to
place conditions on or otherwise qualify the operations of
NASA contractors providing NASA services.
SEC. 582. PORTABILITY OF REPAIRMAN CERTIFICATES.
(a) In General.--The Administrator shall assign to the
Aviation Rulemaking Advisory Committee the task of making
recommendations with respect to the regulatory and policy
changes, as appropriate, to allow a repairman certificate
issued under section 65.101 of title 14, Code of Federal
Regulations, to be portable from one employing certificate
holder to another.
(b) Action Based on Recommendations.--Not later than 1 year
after receiving recommendations under subsection (a), the
Administrator may take such action as the Administrator
considers appropriate with respect to those recommendations.
SEC. 583. UNDECLARED HAZARDOUS MATERIALS PUBLIC AWARENESS
CAMPAIGN.
(a) In General.--The Secretary of Transportation shall
carry out a public awareness campaign to reduce the amount of
undeclared hazardous materials traveling through air
commerce.
(b) Campaign Requirements.--The public awareness campaign
required under subsection (a) shall do the following:
(1) Focus on targeting segments of the hazardous materials
industry with high rates of undeclared shipments through air
commerce and educate air carriers, shippers, manufacturers,
and other relevant stakeholders of such segments on properly
packaging and classifying such shipments.
(2) Educate the public on proper ways to declare and ship
hazardous materials, examples of everyday items that are
considered hazardous materials, and penalties associated with
intentional shipments of undeclared hazardous materials.
(c) Interagency Working Group.--
(1) Establishment.--Not later than 30 days after the date
of enactment of this Act, the Secretary of Transportation
shall establish an interagency working group to promote
collaboration and engagement between the Department of
Transportation and other relevant agencies, and develop
recommendations and guidance on how best to conduct the
public awareness campaign required under subsection (a).
(2) Duties.--The interagency working group shall consult
with relevant stakeholders, including cargo air carriers,
passenger air carriers, and labor organizations representing
pilots for cargo and passenger air carriers operating under
part 121 of title 14, Code of Federal Regulations.
(d) Update.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
provide to the appropriate committees of Congress an update
on the status of the public awareness campaign required under
subsection (a).
SEC. 584. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY
FOR THE PUBLIC BENEFIT.
Section 4 of the Volunteer Protection Act of 1997 (42
U.S.C. 14503) is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(2) in subsection (a), by striking ``subsections (b) and
(d)'' and inserting ``subsections (b), (c), and (e)''; and
(3) by inserting after subsection (a) the following:
``(b) Liability Protection for Pilots That Fly for Public
Benefit.--Except as provided in subsections (c) and (e), no
volunteer of a volunteer pilot nonprofit organization that
arranges flights for public benefit shall be liable for harm
caused by an act or omission of the volunteer on behalf of
the organization if, at the time of the act or omission, the
volunteer--
``(1) was operating an aircraft in furtherance of the
purpose of, and acting within the scope of the volunteer's
responsibilities on behalf of, the nonprofit organization to
provide patient and medical transport (including medical
transport for veterans), disaster relief, humanitarian
assistance, or other similar charitable missions;
``(2) was properly licensed and insured for the operation
of the aircraft;
``(3) was in compliance with all requirements of the
Federal Aviation Administration for recent flight experience;
and
``(4) did not cause the harm through willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of
the individual harmed by the volunteer.''; and
(4) in subsection (g)(2), as redesignated, by striking
``(e)'' and inserting ``(f)''.
TITLE VI--AVIATION WORKFORCE
Subtitle A--Youth in Aviation
SEC. 601. STUDENT OUTREACH REPORT.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall submit to the appropriate committees of Congress a
report that describes the Administration's existing outreach
efforts, such as the STEM Aviation and Space Education
Outreach Program, to elementary and secondary students who
are interested in careers in science, technology,
engineering, art, and mathematics--
(1) to prepare and inspire such students for aviation and
aeronautical careers; and
(2) to mitigate an anticipated shortage of pilots and other
aviation professionals.
SEC. 602. YOUTH ACCESS TO AMERICAN JOBS IN AVIATION TASK
FORCE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a Youth Access to
American Jobs in Aviation Task Force (in this section
referred to as the ``Task Force'').
(b) Duties.--Not later than 12 months after its
establishment under subsection (a), the Task Force shall
develop and submit to the Administrator recommendations and
strategies for the Administration to--
(1) facilitate and encourage high school students in the
United States, beginning in their junior year, to enroll in
and complete career and technical education courses,
including STEM, that would prepare them to enroll in a course
of study related to an aviation career at an institution of
higher education, including a community college or trade
school;
(2) facilitate and encourage the students described in
paragraph (1) to enroll in a course of study related to an
aviation career, including aviation manufacturing,
engineering and maintenance, at an institution of higher
education, including a community college or trade school; and
(3) identify and develop pathways for students who complete
a course of study described in paragraph (2) to secure
registered apprenticeships, workforce development programs,
or careers in the aviation industry of the United States.
(c) Considerations.--When developing recommendations and
strategies under subsection (b), the Task Force shall--
(1) identify industry trends that encourage or discourage
youth in the United States from pursuing careers in aviation;
(2) consider how the Administration; air carriers;
aircraft, powerplant, and avionics manufacturers; aircraft
repair stations; and other aviation stakeholders can
coordinate efforts to support youth in pursuing careers in
aviation;
(3) identify methods of enhancing aviation apprenticeships,
job skills training, mentorship, education, and outreach
programs that are exclusive to youth in the United States;
and
(4) identify potential sources of government and private
sector funding, including grants and scholarships, that may
be used to carry out the recommendations and strategies
described in subsection (b) and to support youth in pursuing
careers in aviation.
(d) Report.--Not later than 30 days after submission of the
recommendations and strategies under subsection (b), the Task
Force shall submit to the appropriate committees of Congress
a report outlining such recommendations and strategies.
(e) Composition of Task Force.--The Administrator shall
appoint members of the Task Force, including representatives
from the following:
(1) Air carriers.
(2) Aircraft, powerplant, and avionics manufacturers.
(3) Aircraft repair stations.
(4) Local educational agencies or high schools.
(5) Institutions of higher education, including community
colleges and aviation trade schools.
(6) Such other aviation and educational stakeholders and
experts as the Administrator considers appropriate.
(f) Period of Appointment.--Members shall be appointed to
the Task Force for the duration of the existence of the Task
Force.
(g) Compensation.--Task Force members shall serve without
compensation.
(h) Sunset.--The Task Force shall terminate upon the
submittal of the report pursuant to subsection (d).
(i) Definition of STEM.--The term ``STEM'' means--
(1) science, technology, engineering, and mathematics; and
(2) other career and technical education subjects that
build on the subjects described in paragraph (1).
Subtitle B--Women in Aviation
SEC. 611. SENSE OF CONGRESS REGARDING WOMEN IN AVIATION.
It is the sense of Congress that the aviation industry
should explore all opportunities, including pilot training,
science, technology, engineering, and mathematics education,
and mentorship programs, to encourage and support female
students and aviators to pursue a career in aviation.
SEC. 612. SUPPORTING WOMEN'S INVOLVEMENT IN THE AVIATION
FIELD.
(a) Advisory Board.--To encourage women and girls to enter
the field of aviation, the Administrator of the Federal
Aviation Administration shall create and facilitate the Women
in Aviation Advisory Board (referred to in this section as
the ``Board''), with the objective of promoting organizations
and programs that are providing education, training,
mentorship, outreach, and recruitment of women into the
aviation industry.
(b) Composition.--The Board shall consist of members whose
diverse background and
[[Page H8967]]
expertise allow them to contribute balanced points of view
and ideas regarding the strategies and objectives set forth
in subsection (f).
(c) Selection.--Not later than 9 months after the date of
enactment of this Act, the Administrator shall appoint
members of the Board, including representatives from the
following:
(1) Major airlines and aerospace companies.
(2) Nonprofit organizations within the aviation industry.
(3) Aviation business associations.
(4) Engineering business associations.
(5) United States Air Force Auxiliary, Civil Air Patrol.
(6) Institutions of higher education and aviation trade
schools.
(d) Period of Appointment.--Members shall be appointed to
the Board for the duration of the existence of the Board.
(e) Compensation.--Board members shall serve without
compensation.
(f) Duties.--Not later than 18 months after the date of
enactment of this Act, the Board shall present a
comprehensive plan for strategies the Administration can
take, which include the following objectives:
(1) Identifying industry trends that directly or indirectly
encourage or discourage women from pursuing careers in
aviation.
(2) Coordinating the efforts of airline companies,
nonprofit organizations, and aviation and engineering
associations to facilitate support for women pursuing careers
in aviation.
(3) Creating opportunities to expand existing scholarship
opportunities for women in the aviation industry.
(4) Enhancing aviation training, mentorship, education, and
outreach programs that are exclusive to women.
(g) Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Board shall submit a report
outlining the comprehensive plan for strategies pursuant to
subsection (f) to the Administrator and the appropriate
committees of Congress.
(2) Availability online.--The Administrator shall make the
report publicly available online and in print.
(h) Sunset.--The Board shall terminate upon the submittal
of the report pursuant to subsection (g).
Subtitle C--Future of Aviation Workforce
SEC. 621. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE.
(a) Findings.--Congress finds that--
(1) in 2016, United States air carriers carried a record
high number of passengers on domestic flights, 719 million
passengers;
(2) the United States aerospace and defense industry
employed 1.7 million workers in 2015, or roughly 2 percent of
the Nation's total employment base;
(3) the average salary of an employee in the aerospace and
defense industry is 44 percent above the national average;
(4) in 2015, the aerospace and defense industry contributed
nearly $202.4 billion in value added to the United States
economy;
(5) an effective aviation industry relies on individuals
with unique skill sets, many of which can be directly
obtained through career and technical education
opportunities; and
(6) industry and the Federal Government have taken some
actions to attract qualified individuals to careers in
aviation and aerospace and to retain qualified individuals in
such careers.
(b) Sense of Congress.--It is the sense of Congress that--
(1) public and private education institutions should make
available to students and parents information on approved
programs of study and career pathways, including career
exploration, work-based learning opportunities, dual and
concurrent enrollment opportunities, and guidance and
advisement resources;
(2) public and private education institutions should
partner with aviation and aerospace companies to promote
career paths available within the industry and share
information on the unique benefits and opportunities the
career paths offer;
(3) aviation companies, including air carriers,
manufacturers, commercial space companies, unmanned aircraft
system companies, and repair stations, should create
opportunities, through apprenticeships or other mechanisms,
to attract young people to aviation and aerospace careers and
to enable individuals to gain the critical skills needed to
thrive in such professions; and
(4) the Federal Government should consider the needs of men
and women interested in pursuing careers in the aviation and
aerospace industry, the long-term personnel needs of the
aviation and aerospace industry, and the role of aviation in
the United States economy in the creation and administration
of educational and financial aid programs.
SEC. 622. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE
STUDY.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study--
(1) to evaluate the current and future supply of
individuals in the aviation and aerospace workforce;
(2) to identify the factors influencing the supply of
individuals pursuing a career in the aviation or aerospace
industry, including barriers to entry into the workforce; and
(3) to identify methods to increase the future supply of
individuals in the aviation and aerospace workforce,
including best practices or programs to incentivize, recruit,
and retain young people in aviation and aerospace
professions.
(b) Consultation.--The Comptroller General shall conduct
the study in consultation with--
(1) appropriate Federal agencies; and
(2) the aviation and aerospace industry, institutions of
higher education, and labor stakeholders.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General shall
submit to the appropriate committees of Congress a report on
the results of the study and related recommendations.
SEC. 623. SENSE OF CONGRESS ON HIRING VETERANS.
It is the sense of Congress that the aviation industry,
including certificate holders under parts 121, 135, and 145
of title 14, Code of Federal Regulations, should hire more of
the Nation's veterans.
SEC. 624. AVIATION MAINTENANCE INDUSTRY TECHNICAL WORKFORCE.
(a) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a final rule to modernize
training programs at aviation maintenance technician schools
governed by part 147 of title 14, Code of Federal
Regulations.
(b) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall coordinate
with government, educational institutions, labor
organizations representing aviation maintenance workers, and
businesses to develop and publish guidance or model curricula
for aviation maintenance technician schools referred to in
subsection (a) to ensure workforce readiness for industry
needs, including curricula related to training in avionics,
troubleshooting, and other areas of industry needs.
(c) Review and Periodic Updates.--The Administrator shall--
(1) ensure training programs referred to in subsection (a)
are revised and updated in correlation with aviation
maintenance technician airman certification standards as
necessary to reflect current technology and maintenance
practices; and
(2) publish updates to the guidance or model curricula
required under subsection (b) at least once every 2 years, as
necessary, from the date of initial publication.
(d) Report to Congress.--If the Administrator does not
issue such final rule by the deadline specified in subsection
(a), the Administrator shall, not later than 30 days after
such deadline, submit to the appropriate committees of
Congress a report containing--
(1) an explanation as to why such final rule was not issued
by such deadline; and
(2) a schedule for issuing such final rule .
(e) Study.--The Comptroller General of the United States
shall conduct a study on technical workers in the aviation
maintenance industry.
(f) Contents.--In conducting the study under subsection
(e), the Comptroller General shall--
(1) analyze the current Standard Occupational
Classification system with regard to the aviation profession,
particularly technical workers in the aviation maintenance
industry;
(2) analyze how changes to the Federal employment
classification of aviation maintenance industry workers might
affect government data on unemployment rates and wages;
(3) analyze how changes to the Federal employment
classification of aviation maintenance industry workers might
affect projections for future aviation maintenance industry
workforce needs and project technical worker shortfalls;
(4) analyze the impact of Federal regulation, including
Federal Aviation Administration oversight of certification,
testing, and education programs, on employment of technical
workers in the aviation maintenance industry;
(5) develop recommendations on how Federal Aviation
Administration regulations and policies could be improved to
modernize training programs at aviation maintenance technical
schools and address aviation maintenance industry needs for
technical workers;
(6) develop recommendations for better coordinating actions
by government, educational institutions, and businesses to
support workforce growth in the aviation maintenance
industry; and
(7) develop recommendations for addressing the needs for
government funding, private investment, equipment for
training purposes, and other resources necessary to
strengthen existing training programs or develop new training
programs to support workforce growth in the aviation
industry.
(g) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the study.
(h) Definitions.--In this section, the following
definitions apply:
(1) Aviation maintenance industry.--The term ``aviation
maintenance industry'' means repair stations certificated
under part 145 of title 14, Code of Federal Regulations.
(2) Technical worker.--The term ``technical worker'' means
an individual authorized under part 43 of title 14, Code of
Federal Regulations, to maintain, rebuild, alter, or perform
preventive maintenance on an aircraft, airframe, aircraft
engine, propeller, appliance, or component part or employed
by
[[Page H8968]]
an entity so authorized to perform such a function.
SEC. 625. AVIATION WORKFORCE DEVELOPMENT PROGRAMS.
(a) In General.--The Secretary of Transportation shall
establish--
(1) a program to provide grants for eligible projects to
support the education of future aircraft pilots and the
development of the aircraft pilot workforce; and
(2) a program to provide grants for eligible projects to
support the education and recruitment of aviation maintenance
technical workers and the development of the aviation
maintenance workforce.
(b) Project Grants.--
(1) In general.--Out of amounts made available under
section 48105 of title 49, United States Code, not more than
$5,000,000 for each of fiscal years 2019 through 2023 is
authorized to be expended to provide grants under the program
established under subsection (a)(1), and $5,000,000 for each
of fiscal years 2019 through 2023 is authorized to provide
grants under the program established under subsection (a)(2).
(2) Dollar amount limit.--Not more than $500,000 shall be
available for any 1 grant in any 1 fiscal year under the
programs established under subsection (a).
(c) Eligible Applications.--
(1) An application for a grant under the program
established under subsection (a)(1) shall be submitted, in
such form as the Secretary may specify, by--
(A) an air carrier, as defined in section 40102 of title
49, United States Code, or a labor organization representing
aircraft pilots;
(B) an accredited institution of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U. S. C. 1001)) or a high school or secondary school (as
defined in section 7801 of the Higher Education Act of 1965
(20 U.S.C. 7801));
(C) a flight school that provides flight training, as
defined in part 61 of title 14, Code of Federal Regulations,
or that holds a pilot school certificate under part 141 of
title 14, Code of Federal Regulations; or
(D) a State or local governmental entity.
(2) An application for a grant under the pilot program
established under subsection (a)(2) shall be submitted, in
such form as the Secretary may specify, by--
(A) a holder of a certificate issued under part 21, 121,
135, or 145 of title 14, Code of Federal Regulations or a
labor organization representing aviation maintenance workers;
(B) an accredited institution of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) or a high school or secondary school (as
defined in section 7801 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801); and
(C) a State or local governmental entity.
(d) Eligible Projects.--
(1) For purposes of the program established under
subsection (a)(1), an eligible project is a project--
(A) to create and deliver curriculum designed to provide
high school students with meaningful aviation education that
is designed to prepare the students to become aircraft
pilots, aerospace engineers, or unmanned aircraft systems
operators; or
(B) to support the professional development of teachers
using the curriculum described in subparagraph (A).
(2) For purposes of the pilot program established under
subsection (a)(2), an eligible project is a project--
(A) to establish new educational programs that teach
technical skills used in aviation maintenance, including
purchasing equipment, or to improve existing such programs;
(B) to establish scholarships or apprenticeships for
individuals pursuing employment in the aviation maintenance
industry;
(C) to support outreach about careers in the aviation
maintenance industry to--
(i) primary, secondary, and post-secondary school students;
or
(ii) to communities underrepresented in the industry;
(D) to support educational opportunities related to
aviation maintenance in economically disadvantaged geographic
areas;
(E) to support transition to careers in aviation
maintenance, including for members of the Armed Forces; or
(F) to otherwise enhance aviation maintenance technical
education or the aviation maintenance industry workforce.
(e) Grant Application Review.--In reviewing and selecting
applications for grants under the programs established under
subsection (a), the Secretary shall--
(1) prior to selecting among competing applications,
consult, as appropriate, with representatives of aircraft
repair stations, design and production approval holders, air
carriers, labor organizations, business aviation, general
aviation, educational institutions, and other relevant
aviation sectors; and
(2) ensure that the applications selected for projects
established under subsection (a)(1) will allow participation
from a diverse collection of public and private schools in
rural, suburban, and urban areas.
Subtitle D--Unmanned Aircraft Systems Workforce
SEC. 631. COMMUNITY AND TECHNICAL COLLEGE CENTERS OF
EXCELLENCE IN SMALL UNMANNED AIRCRAFT SYSTEM
TECHNOLOGY TRAINING.
(a) Designation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Education and the
Secretary of Labor, shall establish a process to designate
consortia of public, 2-year institutions of higher education
as Community and Technical College Centers of Excellence in
Small Unmanned Aircraft System Technology Training (in this
section referred to as the ``Centers of Excellence'').
(b) Functions.--A Center of Excellence designated under
subsection (a) shall have the capacity to train students for
career opportunities in industry and government service
related to the use of small unmanned aircraft systems.
(c) Education and Training Requirements.--In order to be
designated as a Center of Excellence under subsection (a), a
consortium shall be able to address education and training
requirements associated with various types of small unmanned
aircraft systems, components, and related equipment,
including with respect to--
(1) multirotor and fixed-wing small unmanned aircraft;
(2) flight systems, radio controllers, components, and
characteristics of such aircraft;
(3) routine maintenance, uses and applications, privacy
concerns, safety, and insurance for such aircraft;
(4) hands-on flight practice using small unmanned aircraft
systems and computer simulator training;
(5) use of small unmanned aircraft systems in various
industry applications and local, State, and Federal
government programs and services, including in agriculture,
law enforcement, monitoring oil and gas pipelines, natural
disaster response and recovery, fire and emergency services,
and other emerging areas;
(6) Federal policies concerning small unmanned aircraft;
(7) dual credit programs to deliver small unmanned aircraft
training opportunities to secondary school students; or
(8) training with respect to sensors and the processing,
analyzing, and visualizing of data collected by small
unmanned aircraft.
(d) Collaboration.--Each Center of Excellence shall seek to
collaborate with institutions participating in the Alliance
for System Safety of UAS through Research Excellence of the
Federal Aviation Administration and with the test ranges
defined under section 44801 of title 49, United States Code,
as added by this Act.
(e) Institution of Higher Education.--In this section, the
term ``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
SEC. 632. COLLEGIATE TRAINING INITIATIVE PROGRAM FOR UNMANNED
AIRCRAFT SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a collegiate training
initiative program relating to unmanned aircraft systems by
making new agreements or continuing existing agreements with
institutions of higher education (as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)) under
which the institutions prepare students for careers involving
unmanned aircraft systems. The Administrator may establish
standards for the entry of such institutions into the program
and for their continued participation in the program.
(b) Unmanned Aircraft System Defined.--In this section, the
term ``unmanned aircraft system'' has the meaning given that
term by section 44801 of title 49, United States Code, as
added by this Act.
TITLE VII--FLIGHT R&D ACT
Subtitle A--General Provisions
SEC. 701. SHORT TITLE.
This title may be cited as the ``FAA Leadership in
Groundbreaking High-Tech Research and Development Act'' or
the ``FLIGHT R&D Act''.
SEC. 702. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--Section 48102(a) of title 49, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``and, for each of fiscal years 2012 through 2015, under
subsection (g)'';
(2) in paragraph (9), by striking ``and'' at the end; and
(3) by striking paragraph (10) and inserting the following:
``(10) $189,000,000 for fiscal year 2018;
``(11) $194,000,000 for fiscal year 2019;
``(12) $199,000,000 for fiscal year 2020;
``(13) $204,000,000 for fiscal year 2021;
``(14) $209,000,000 for fiscal year 2022; and
``(15) $214,000,000 for fiscal year 2023.''.
(b) Research Priorities.--Section 48102(b) of title 49,
United States Code, is amended--
(1) in paragraph (1), by striking ``consider'' and
inserting ``prioritize safety in considering'';
(2) by striking paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3); and
[[Page H8969]]
(4) by inserting after paragraph (1) the following:
``(2) As safety related activities shall be the highest
research priority, at least 70 percent of the amount
appropriated under subsection (a) of this section shall be
for safety research and development projects.''.
(c) Annual Submission of the National Aviation Research
Plan.--Section 48102(g) of title 49, United States, Code, is
amended to read as follows:
``(g) Annual Submission of the National Aviation Research
Plan.--The Administrator shall submit the national aviation
research plan to Congress no later than the date of
submission of the President's budget request to Congress for
that fiscal year, as required under section 44501(c).''.
Subtitle B--FAA Research and Development Organization
SEC. 711. ASSISTANT ADMINISTRATOR FOR RESEARCH AND
DEVELOPMENT.
(a) Appointment.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall appoint an
Assistant Administrator for Research and Development.
(b) Responsibilities.--The Assistant Administrator for
Research and Development shall, at a minimum, be responsible
for--
(1) management and oversight of all the FAA's research and
development programs and activities; and
(2) production of all congressional reports from the FAA
relevant to research and development, including the national
aviation research plan required under section 44501(c) of
title 49, United States Code.
(c) Dual Appointment.--The Assistant Administrator for
Research and Development may be a dual-appointment, holding
the responsibilities of another Assistant Administrator.
SEC. 712. RESEARCH ADVISORY COMMITTEE.
(a) Advice and Recommendations.--Section 44508(a)(1)(A) of
title 49, United States Code, is amended to read as follows:
``(A) provide advice and recommendations to the
Administrator of the Federal Aviation Administration and
Congress about needs, objectives, plans, approaches, content,
and accomplishments of all aviation research and development
activities and programs carried out, including those under
sections 40119, 44504, 44505, 44507, 44511-44513, and 44912
of this title;''.
(b) Written Reply to Research Advisory Committee.--Section
44508 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Written Reply.--
``(1) In general.--Not later than 60 days after receiving
any recommendation from the research advisory committee, the
Administrator shall provide a written reply to the research
advisory committee that, at a minimum--
``(A) clearly states whether the Administrator accepts or
rejects the recommendation;
``(B) explains the rationale for the Administrator's
decision;
``(C) sets forth the timeframe in which the Administrator
will implement the recommendation; and
``(D) describes the steps the Administrator will take to
implement the recommendation.
``(2) Transparency.--The written reply to the research
advisory committee, when transmitted to the research advisory
committee, shall be--
``(A) made publicly available on the research advisory
committee website; and
``(B) transmitted to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
``(3) National aviation research plan.--The national
aviation research plan required under section 44501(c) shall
include a summary of all research advisory committee
recommendations and a description of the status of their
implementation.''.
Subtitle C--Unmanned Aircraft Systems
SEC. 721. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT
ROADMAP.
The Secretary shall submit the unmanned aircraft systems
roadmap to Congress on an annual basis as required under
section 48802(a) of title 49, United States Code, as added by
this Act.
Subtitle D--Cybersecurity and Responses to Other Threats
SEC. 731. CYBER TESTBED.
Not later than 6 months after the date of enactment of this
Act, the Administrator shall develop an integrated Cyber
Testbed for research, development, evaluation, and validation
of air traffic control modernization technologies, before
they enter the national airspace system, as being compliant
with FAA data security regulations. The Cyber Testbed shall
be part of an integrated research and development test
environment capable of creating, identifying, defending, and
solving cybersecurity-related problems for the national
airspace system. This integrated test environment shall
incorporate integrated test capacities within the FAA related
to the national airspace system and NextGen.
SEC. 732. STUDY ON THE EFFECT OF EXTREME WEATHER ON AIR
TRAVEL.
(a) Study Required.--Not later than 1 year after the date
of enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration and the Administrator
of the Federal Aviation Administration shall jointly complete
a study on the effect of extreme weather on commercial air
travel.
(b) Elements.--The study required by subsection (a) shall
include assessment of the following:
(1) Whether extreme weather may result in an increase in
turbulence.
(2) The effect of extreme weather on current commercial air
routes.
(3) The effect of extreme weather on domestic airports, air
traffic control facilities, and associated facilities.
Subtitle E--FAA Research and Development Activities
SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW
TECHNOLOGIES INTO THE NATIONAL AIRSPACE SYSTEM.
Not later than 1 year after the date of enactment of this
Act, the Administrator, in consultation with NASA, shall
transmit a comprehensive research plan for the certification
of new technologies into the national airspace system to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. This plan shall identify
research necessary to support the certification and
implementation of NextGen, including both ground and air
elements, and explain the plan's relationship to other
activities and procedures required for certification and
implementation of new technologies into the national airspace
system. This plan shall be informed by the recommendations of
the National Research Council report titled ``Transformation
in the Air--A Review of the FAA Research Plan'', issued on
June 8, 2015. This plan shall include, at a minimum--
(1) a description of the strategic and prescriptive value
of the research plan;
(2) an explanation of the expected outcomes from executing
the plan;
(3) an assessment of the FAA's plan to use research and
development to improve cybersecurity over the next 5 years;
(4) an assessment of the current software assurance
practices, and the desired level or attributes to target in
the software assurance program; and
(5) best practices in research and development used by
other organizations, such as NASA, NavCanada, and
Eurocontrol.
SEC. 742. TECHNOLOGY REVIEW.
(a) Review.--
(1) In general.--The Administrator of the Federal Aviation
Administration, in coordination with the Administrator of the
National Aeronautics and Space Administration, shall conduct
a review of current and planned research on the use of
advanced aircraft technologies, innovative materials,
alternative fuels, additive manufacturing, and novel aircraft
designs, to increase aircraft fuel efficiency.
(2) Summaries.--The review conducted under paragraph (1)
shall include summaries of projects and missions to examine--
(A) the effectiveness of such technologies, materials,
fuels, and aircraft designs to enhance fuel efficiency and
aerodynamic performance, and reduce drag, weight, noise, and
fuel consumption; and
(B) the potential for novel flight pattern planning and
communications systems to reduce aircraft taxiing and airport
circling.
(3) Recommendations.--The review conducted under paragraph
(1) shall identify potential opportunities for additional
research and development, public or private, to increase
aircraft fuel efficiency.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to the appropriate
committees of Congress a report containing the results of the
review conducted under subsection (a).
SEC. 743. CLEEN AIRCRAFT AND ENGINE TECHNOLOGY PARTNERSHIP.
(a) Cooperative Agreement.--Subchapter I of chapter 475 of
title 49, United States Code, is amended by adding at the end
the following:
``Sec. 47511. CLEEN engine and airframe technology
partnership
``(a) In General.--The Administrator of the Federal
Aviation Administration shall enter into a cost-sharing
cooperative agreement, using a competitive process, with
institutions, entities, or consortiums to carry out a program
for the development, maturation, and testing of certifiable
CLEEN aircraft, engine technologies, and jet fuels for civil
subsonic airplanes.
``(b) CLEEN Engine and Airframe Technology Defined.--In
this section, the term `CLEEN aircraft and engine technology'
means continuous lower energy, emissions, and noise aircraft
and engine technology.
``(c) Performance Objective.--The Administrator shall
establish the performance objectives for the program in terms
of the specific objectives to reduce fuel burn, emissions and
noise.''.
(b) Technical and Conforming Amendment.--The table of
contents of subchapter I of chapter 475 is amended by
inserting after the item relating to section 47510 the
following:
``47511. CLEEN engine and airframe technology partnership.''.
SEC. 744. RESEARCH AND DEPLOYMENT OF CERTAIN AIRFIELD
PAVEMENT TECHNOLOGIES.
Using amounts made available under section 48102(a) of
title 49, United States Code, the Administrator of the
Federal Aviation Administration may carry out a program for
the research and development of aircraft
[[Page H8970]]
pavement technologies under which the Administrator makes
grants to, and enters into cooperative agreements with,
institutions of higher education and nonprofit organizations
that--
(1) research concrete and asphalt airfield pavement
technologies that extend the life of airfield pavements;
(2) develop and conduct training;
(3) provide for demonstration projects; and
(4) promote the latest airfield pavement technologies to
aid in the development of safer, more cost effective, and
more durable airfield pavements.
Subtitle F--Geospatial Data
SEC. 751. SHORT TITLE; FINDINGS.
(a) Short Title.--This subtitle may be cited as the
``Geospatial Data Act of 2018''.
(b) Findings.--Congress finds that--
(1) open and publicly available data is essential to the
successful operation of the GeoPlatform;
(2) the private sector in the United States, for the
purposes of acquiring and producing quality geospatial data
and geospatial data services, has been and continues to be
invaluable in carrying out the varying missions of Federal
departments and agencies, as well as contributing positively
to the United States economy; and
(3) over the last 2 decades, Congress has passed
legislation that promotes greater access and use of
Government information and data, which has--
(A) sparked new, innovative start-ups and services;
(B) spurred economic growth in many sectors, such as in the
geospatial services;
(C) advanced scientific research;
(D) promoted public access to Federally funded services and
data; and
(E) improved access to geospatial data for the purposes of
promoting public health, weather forecasting, economic
development, environmental protection, flood zone research,
and other purposes.
SEC. 752. DEFINITIONS.
In this subtitle--
(1) the term ``Advisory Committee'' means the National
Geospatial Advisory Committee established under section
754(a);
(2) the term ``Committee'' means the Federal Geographic
Data Committee established under section 753(a);
(3) the term ``covered agency''--
(A) means--
(i) an Executive department, as defined in section 101 of
title 5, United States Code, that collects, produces,
acquires, maintains, distributes, uses, or preserves
geospatial data on paper or in electronic form to fulfill the
mission of the Executive department, either directly or
through a relationship with another organization, including a
State, local government, Indian tribe, institution of higher
education, business partner or contractor of the Federal
Government, and the public;
(ii) the National Aeronautics and Space Administration; or
(iii) the General Services Administration; and
(B) does not include the Department of Defense (including
30 components and agencies performing national missions) or
any element of the intelligence community;
(4) the term ``GeoPlatform'' means the GeoPlatform
described in section 758(a);
(5) the term ``geospatial data''--
(A) means information that is tied to a location on the
Earth, including by identifying the geographic location and
characteristics of natural or constructed features and
boundaries on the Earth, and that is generally represented in
vector datasets by points, lines, polygons, or other complex
geographic features or phenomena;
(B) may be derived from, among other things, remote
sensing, mapping, and surveying technologies;
(C) includes images and raster datasets, aerial
photographs, and other forms of geospatial data or datasets
in digitized or non-digitized form; and
(D) does not include--
(i) geospatial data and activities of an Indian tribe not
carried out, in whole or in part, using Federal funds, as
determined by the tribal government;
(ii) classified national security-related geospatial data
and activities of the Department of Defense, unless
declassified;
(iii) classified national security-related geospatial data
and activities of the Department of Energy, unless
declassified;
(iv) geospatial data and activities under chapter 22 of
title 10, United States Code, or section 110 of the National
Security Act of 1947 (50 U.S.C. 3045);
(v) intelligence geospatial data and activities, as
determined by the Director of National Intelligence; or
(vi) certain declassified national security-related
geospatial data and activities of the intelligence community,
as determined by the Secretary of Defense, the Secretary of
Energy, or the Director of National Intelligence;
(6) the term ``Indian tribe'' has the meaning given that
term under section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b);
(7) the term ``institution of higher education'' has the
meaning given that term under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002);
(8) the term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003);
(9) the term ``lead covered agency'' means a lead covered
agency for a National Geospatial Data Asset data theme
designated under section 756(b)(1);
(10) the term ``local government'' means any city, county,
township, town, borough, parish, village, or other general
purpose political subdivision of a State;
(11) the term ``metadata for geospatial data'' means
information about geospatial data, including the content,
source, vintage, accuracy, condition, projection, method of
collection, and other characteristics or descriptions of the
geospatial data;
(12) the term ``National Geospatial Data Asset data theme''
means the National Geospatial Data Asset core geospatial
datasets (including electronic records and coordinates)
relating to a topic or subject designated under section 756;
(13) the term ``National Spatial Data Infrastructure''
means the technology, policies, criteria, standards, and
employees necessary to promote geospatial data sharing
throughout the Federal Government, State, tribal, and local
governments, and the private sector (including nonprofit
organizations and institutions of higher education); and
(14) the term ``proven practices'' means methods and
activities that advance the use of geospatial data for the
benefit of society.
SEC. 753. FEDERAL GEOGRAPHIC DATA COMMITTEE.
(a) In General.--There is established within the Department
of the Interior an interagency committee to be known as the
Federal Geographic Data Committee, which shall act as the
lead entity in the executive branch for the development,
implementation, and review of policies, practices, and
standards relating to geospatial data.
(b) Membership.--
(1) Chairperson and vice chairperson.--The Secretary of the
Interior and the Director of the Office of Management and
Budget shall serve as Chairperson of the Committee and Vice
Chairperson of the Committee, respectively.
(2) Other members.--
(A) In general.--The head of each covered agency and the
Director of the National Geospatial-Intelligence Agency shall
each designate a representative of their respective agency to
serve as a member of the Committee.
(B) Requirement for appointments.--An officer appointed to
serve as a member of the Committee shall hold a position as
an assistant secretary, or an equivalent position, or a
higher ranking position.
(3) Guidance.--Not later than 1 year after the date of
enactment of this Act, and as needed thereafter, the Director
of the Office of Management and Budget shall update guidance
with respect to membership of the Committee and the roles of
members of the Committee.
(c) Duties.--The Committee shall--
(1) lead the development and management of and operational
decision making for the National Spatial Data Infrastructure
strategic plan and geospatial data policy in accordance with
section 755;
(2) designate National Geospatial Data Asset data themes
and oversee the coordinated management of the National
Geospatial Data Asset data themes in accordance with section
756;
(3) establish and maintain geospatial data standards in
accordance with section 757;
(4) periodically review and determine the extent to which
covered agencies comply with geospatial data standards;
(5) ensure that the GeoPlatform operates in accordance with
section 758;
(6) direct and facilitate national implementation of the
system of National Geospatial Data Asset data themes;
(7) communicate with and foster communication among covered
agencies and other entities and individuals relating to
geospatial data technology development, transfer, and
exchange in order to--
(A) identify and meet the needs of users of geospatial
data;
(B) promote cost-effective data collection, documentation,
maintenance, distribution, and preservation strategies; and
(C) leverage Federal and non-Federal resources, such as
promoting Federal shared services and cross-agency
coordination for marketplace solutions;
(8) define roles and responsibilities and promote and guide
cooperation and coordination among agencies of the Federal
Government, State, tribal, and local governments,
institutions of higher education, and the private sector in
the collection, production, sharing, and use of geospatial
information, the implementation of the National Spatial Data
Infrastructure, and the identification of proven practices;
(9) coordinate with international organizations having an
interest in the National Spatial Data Infrastructure or
global spatial data infrastructures;
(10) make available online and update at least annually--
(A) a summary of the status for each National Geospatial
Data Asset data theme, based on the report submitted by the
applicable lead covered agency under section
756(b)(3)(E)(ii)(I), which shall include--
(i) an evaluation of the progress of each lead covered
agency in achieving the requirements under subparagraphs (A),
(B), (C), and (D) of section 756(b)(3); and
(ii) a determination of whether, for each of subparagraphs
(A), (B), (C), and (D) of section 756(b)(3), each lead
covered agency meets expectations, has made progress toward
expectations, or fails to meet expectations;
[[Page H8971]]
(B) a summary and evaluation of the achievements of each
covered agency, based on the annual report submitted by the
covered agency under section 759(b)(1), which shall include a
determination of whether the covered agency meets
expectations, has made progress toward expectations, or fails
to meet expectations for each of paragraphs (1) through (13)
of section 759(a);
(C) a collection of periodic technical publications,
management articles, and reports related to the National
Spatial Data Infrastructure; and
(D) a membership directory for the Committee, including
identifying members of any subcommittee or working group of
the Committee;
(11)(A) make available to and request comments from the
Advisory Committee regarding the summaries and evaluations
required under subparagraphs (A) and (B) of paragraph (10);
(B) if requested by the Advisory Committee, respond to any
comments by the Advisory Committee; and
(C) not less than once every 2 years, submit to Congress a
report that includes the summaries and evaluations required
under subparagraphs (A) and (B) of paragraph (10), the
comments of the Advisory Committee, and the responses of the
Committee to the comments;
(12)(A) make available to and request comments from covered
agencies regarding the summaries and evaluations required
under subparagraphs (A) and (B) of paragraph (10); and
(B) not less than once every 2 years, submit to Congress a
report that includes the comments of the covered agencies and
the responses of the Committee to the comments; and
(13) support and promote the infrastructure of networks,
systems, services, and standards that provide a digital
representation of the Earth to users for many applications.
(d) Staff Support.--The Committee shall establish an Office
of the Secretariat within the Department of the Interior to
provide administrative support, strategic planning, funding,
and technical support to the Committee.
SEC. 754. NATIONAL GEOSPATIAL ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of the Interior shall
establish within the Department of the Interior the National
Geospatial Advisory Committee to provide advice and
recommendations to the Chairperson of the Committee.
(b) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of not more than 30 members, at least one of which will be
from the National Geospatial-Intelligence Agency, who shall--
(A) be appointed by the Chairperson of the Committee;
(B) be selected--
(i) to generally achieve a balanced representation of the
viewpoints of various interested parties involved in national
geospatial activities and the development of the National
Spatial Data Infrastructure; and
(ii) with consideration of a geographic balance of
residence of the members; and
(C) be selected from among groups involved in the
geospatial community, including--
(i) States;
(ii) local governments;
(iii) regional governments;
(iv) tribal governments;
(v) private sector entities;
(vi) geospatial information user industries;
(vii) professional associations;
(viii) scholarly associations;
(ix) nonprofit organizations;
(x) academia;
(xi) licensed geospatial data acquisition professionals;
and
(xii) the Federal Government.
(2) Chairperson.--The Chairperson of the Committee shall
appoint the Chairperson of the Advisory Committee.
(3) Period of appointment; vacancies.--
(A) In general.--Members shall be appointed for a term of 3
years, with the term of \1/3\ of the members expiring each
year.
(B) Vacancies.--Any vacancy in the Advisory Committee shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(4) Limit on terms.--Except for the member from the
National Geospatial-Intelligence Agency, an individual--
(A) may not be appointed to more than 2 consecutive terms
as a member of the Advisory Committee; and
(B) after serving for 2 consecutive terms, is eligible to
be appointed as a member of the Advisory Committee on and
after the date that is 2 years after the end of the second
consecutive term of the individual as a member of the
Advisory Committee.
(5) Ethical requirements.--A member of the Advisory
Committee may not participate in any specific-party matter
(including a lease, license, permit, contract, claim,
agreement, or related litigation) with the Department of the
Interior in which the member has a direct financial interest.
(6) Incumbents.--
(A) In general.--An individual serving on the day before
the date of enactment of this Act as a member of the National
Geospatial Advisory Committee established by the Secretary of
the Interior may serve as a member of the Advisory Committee
until the end of the term of the individual under the
appointment.
(B) Limit on terms.--Any period of service as a member of
the National Geospatial Advisory Committee established by the
Secretary of the Interior shall be considered a period of
service as a member of the Advisory Committee for purposes of
paragraph (4).
(c) Subcommittees.--A subcommittee of the Advisory
Committee--
(1) may be formed for the purposes of compiling information
or conducting research;
(2) shall be composed of members appointed by the
Chairperson of the Advisory Committee;
(3) shall act under the direction of the Chairperson of the
Advisory Committee and the officer or employee designated
under section 10(e) of the Federal Advisory Committee Act (5
U.S.C. App.) with respect to the Advisory Committee;
(4) shall report the recommendations of the subcommittee to
the Advisory Committee for consideration; and
(5) shall meet as necessary to accomplish the objectives of
the subcommittee, subject to the approval of the Chairperson
of the Advisory Committee and the availability of resources.
(d) Meetings.--
(1) In general.--The Advisory Committee shall meet at the
call of the Chairperson, not less than 1 time each year and
not more than 4 times each year.
(2) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum, but a lesser number of
members may hold meetings or hearings.
(e) Duties of the Advisory Committee.--The Advisory
Committee shall--
(1) provide advice and recommendations relating to--
(A) the management of Federal and national geospatial
programs;
(B) the development of the National Spatial Data
Infrastructure; and
(C) implementation of this subtitle;
(2) review and comment on geospatial policy and management
issues; and
(3) ensure the views of representatives of non-Federal
interested parties involved in national geospatial activities
are conveyed to the Committee.
(f) Powers of the Advisory Committee.--
(1) Meetings.--The Advisory Committee may hold meetings
(which shall be open to the public) and sit and act at such
times and places as the Advisory Committee considers
advisable to carry out this subtitle.
(2) Information from covered agencies.--
(A) In general.--The Advisory Committee, with the
concurrence of the Chairperson of the Committee, may secure
directly from any covered agency such information as the
Advisory Committee considers necessary to carry out this
subtitle. Upon request of the Chairperson of the Advisory
Committee, the head of such agency shall furnish such
information to the Advisory Committee.
(B) Noncooperation.--The Advisory Committee shall include
in the comments of the Advisory Committee submitted under
section 753(c)(11) a discussion of any failure by a covered
agency to furnish information in response to a request under
subparagraph (A) of this paragraph.
(3) Postal services.--The Advisory Committee may use the
United States mails in the same manner and under the same
conditions as other agencies of the Federal Government.
(g) Advisory Committee Personnel Matters.--
(1) No compensation of members.--
(A) Non-federal employees.--A member of the Advisory
Committee who is not an officer or employee of the Federal
Government shall serve without compensation.
(B) Federal employees.--A member of the Advisory Committee
who is an officer or employee of the Federal Government shall
serve without compensation in addition to the compensation
received for the services of the member as an officer or
employee of the Federal Government.
(2) Travel expenses.--The members of the Advisory Committee
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Advisory
Committee.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee to support the
Advisory Committee without reimbursement, and such detail
shall be without interruption or loss of civil service status
or privilege.
(4) Staff support.--The Office of the Secretariat
established by the Committee under section 753(d) shall
provide administrative support to the Advisory Committee.
(h) Applicability of FACA.--
(1) In general.--Except as provided in paragraph (2), the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Advisory Committee.
(2) No termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
(i) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Committee shall terminate 10 years after the date of
enactment of this Act.
(2) Continuation.--The Advisory Committee may be continued
for successive 10-year periods by action taken by the
Secretary of the Interior to renew the Advisory
[[Page H8972]]
Committee before the date on which the Advisory Committee
would otherwise terminate.
SEC. 755. NATIONAL SPATIAL DATA INFRASTRUCTURE.
(a) In General.--The National Spatial Data Infrastructure
shall ensure that geospatial data from multiple sources
(including the covered agencies, State, local, and tribal
governments, the private sector, and institutions of higher
education) is available and easily integrated to enhance the
understanding of the physical and cultural world.
(b) Goals.--The goals of the National Spatial Data
Infrastructure are to--
(1) ensure--
(A) that geospatial data are reviewed prior to disclosure
to ensure--
(i) compliance with section 552a of title 5 (commonly known
as the ``Privacy Act of 1974''); and
(ii) that personally identifiable information is not
disclosed, which shall include an assessment of re-
identification risk when determining what data constitute
personally identifiable information;
(B) that geospatial data are designed to enhance the
accuracy of statistical information, both in raw form and in
derived information products;
(C) free and open access for the public to geospatial data,
information, and interpretive products, in accordance with
Office of Management and Budget Circular A-130, or any
successor thereto;
(D) the protection of proprietary interests related to
licensed information and data; and
(E) the interoperability and sharing capabilities of
Federal information systems and data to enable the drawing of
resources from covered agencies and partners of covered
agencies; and
(2) support and advance the establishment of a Global
Spatial Data Infrastructure, consistent with national
security, national defense, national intelligence, and
international trade requirements, including ensuring that
covered agencies develop international geospatial data in
accordance with international voluntary consensus standards,
as defined in Office of Management and Budget Circular A-119,
or any successor thereto.
(c) Strategic Plan.--The Committee shall prepare and
maintain a strategic plan for the development and
implementation of the National Spatial Data Infrastructure in
a manner consistent with national security, national defense,
and emergency preparedness program policies regarding data
accessibility.
(d) Advisory Role.--The Committee shall advise Federal and
non-Federal users of geospatial data on their
responsibilities relating to implementation of the National
Spatial Data Infrastructure.
SEC. 756. NATIONAL GEOSPATIAL DATA ASSET DATA THEMES.
(a) In General.--The Committee shall designate as National
Geospatial Data Asset data themes the primary topics and
subjects for which the coordinated development, maintenance,
and dissemination of geospatial data will benefit the Federal
Government and the interests of the people of the United
States, which shall--
(1) be representations of conceptual topics describing
digital spatial information for the Nation; and
(2) contain associated datasets (with attribute records and
coordinates)--
(A) that are documented, verifiable, and officially
designated to meet recognized standards;
(B) that may be used in common; and
(C) from which other datasets may be derived.
(b) Lead Covered Agencies.--
(1) In general.--For each National Geospatial Data Asset
data theme, the Committee shall designate one or more covered
agencies as the lead covered agencies for the National
Geospatial Data Asset data theme.
(2) General responsibility.--The lead covered agencies for
a National Geospatial Data Asset data theme shall be
responsible for ensuring the coordinated management of the
data, supporting resources (including technology and
personnel), and related services and products of the National
Geospatial Data Asset data theme.
(3) Specific responsibilities.--To assist in fulfilling the
responsibilities under paragraph (2) with respect to a
National Geospatial Data Asset data theme, the lead covered
agencies shall--
(A) provide leadership and facilitate the development and
implementation of geospatial data standards for the National
Geospatial Data Asset data theme, with a particular emphasis
on a data content standard for the National Geospatial Data
Asset data theme, including by--
(i) assessing existing standards;
(ii) identifying anticipated or needed data standards; and
(iii) developing a plan to originate and implement needed
standards with relevant community and international
practices--
(I) in accordance with Office of Management and Budget
Circular A-119, or any successor thereto; and
(II) consistent with or as a part of the plan described in
subparagraph (B);
(B) provide leadership and facilitate the development and
implementation of a plan for nationwide population of the
National Geospatial Data Asset data theme, which shall--
(i) include developing partnership programs with States,
Indian tribes, institutions of higher education, private
sector entities, other Federal agencies, and local
governments;
(ii) meet the needs of users of geospatial data;
(iii) address human and financial resource needs;
(iv) identify needs relating to standards, metadata for
geospatial data within the National Geospatial Data Asset
data theme, and the GeoPlatform; and
(v) expedite the development of necessary National
Geospatial Data Asset data themes;
(C) establish goals that support the strategic plan for the
National Spatial Data Infrastructure prepared under section
755(c);
(D) as necessary, collect and analyze information from
users of geospatial data within the National Geospatial Data
Asset data theme regarding the needs of the users for
geospatial data and incorporate the needs of users in
strategies relating to the National Geospatial Data Asset
data theme; and
(E) as part of administering the National Geospatial Data
Asset data theme--
(i) designate a point of contact within the lead covered
agency who shall be responsible for developing, maintaining,
coordination relating to, and disseminating data using the
GeoPlatform;
(ii) submit to the Committee--
(I) a performance report, at least annually, that documents
the activities relating to and implementation of the National
Geospatial Data Asset data theme, including progress in
achieving the requirements under subparagraphs (A), (B), (C),
and (D); and
(II) comments, as appropriate, regarding the summary and
evaluation of the performance report provided by the
Committee under section 753(c)(12);
(iii) publish maps or comparable graphics online (in
accordance with the mapping conventions specified by the
Committee) showing the extent and status of the National
Geospatial Data Asset data themes for which the covered
agency is a lead covered agency;
(iv) encourage individuals and entities that are a source
of geospatial data or metadata for geospatial data for the
National Geospatial Data Asset data theme to provide access
to such data through the GeoPlatform;
(v) coordinate with the GeoPlatform; and
(vi) identify and publish proven practices for the use and
application of geospatial data of the lead covered agency.
SEC. 757. GEOSPATIAL DATA STANDARDS.
(a) In General.--In accordance with section 216 of the E-
Government Act of 2002 (44 U.S.C. 3501 note), the Committee
shall establish standards for each National Geospatial Data
Asset data theme, which--
(1) shall include--
(A) rules, conditions, guidelines, and characteristics for
the geospatial data within the National Geospatial Data Asset
data theme and related processes, technology, and
organization; and
(B) content standards for metadata for geospatial data
within the National Geospatial Data Asset data theme;
(2) to the maximum extent practicable, shall be consistent
with international standards and protocols;
(3) shall include universal data standards that shall be
acceptable for the purposes of declassified intelligence
community data; and
(4) the Committee shall periodically review and update as
necessary for the standards to remain current, relevant, and
effective.
(b) Development of Standards.--The Committee shall--
(1) develop and promulgate standards under this section--
(A) in accordance with Office of Management and Budget
Circular A-119, or any successor thereto; and
(B) after consultation with a broad range of data users and
providers;
(2) to the maximum extent possible, use national and
international standards adopted by voluntary standards
consensus bodies; and
(3) establish new standards only to the extent standards
described in paragraph (2) do not exist.
(c) Exclusion.--The Secretary of the Interior shall
withhold from public disclosure any information the
disclosure of which reasonably could be expected to cause
damage to the national interest, security, or defense of the
United States, including information relating to geospatial
intelligence data activities, as determined in consultation
with the Director of National Intelligence.
SEC. 758. GEOPLATFORM.
(a) In General.--The Committee shall operate an electronic
service that provides access to geospatial data and metadata
for geospatial data to the general public, to be known as the
GeoPlatform.
(b) Implementation.--
(1) In general.--The GeoPlatform--
(A) shall--
(i) be available through the internet and other
communications means;
(ii) be accessible through a common interface;
(iii) include metadata for all geospatial data collected by
covered agencies, directly or indirectly;
(iv) include download access to all open geospatial data
directly or indirectly collected by covered agencies; and
(v) include a set of programming instructions and standards
providing an automated means of accessing available
geospatial data, which--
[[Page H8973]]
(I) harmonize sources and data standards associated with
geospatial data, including metadata; and
(II) to the maximum extent practicable, as determined by
the Chairperson of the Committee, shall be made publicly
available;
(B) may include geospatial data from a source other than a
covered agency, if determined appropriate by the Committee;
and
(C) shall not store or serve proprietary information or
data acquired under a license by the Federal Government,
unless authorized by the data provider.
(2) Managing partner.--The Chairperson of the Committee
shall designate an agency to serve as the managing partner
for developing and operating the GeoPlatform, taking
direction from the Committee on the scope, functionality, and
performance of the GeoPlatform.
(c) Clarification.--Although the GeoPlatform is intended to
include all National Geospatial Data Asset and other Federal
datasets, nothing in this subtitle shall be construed to
prevent a covered agency from also presenting, providing, or
disseminating data that is--
(1) specific to the functions of the covered agency; or
(2) targeted to information consumers that directly
interface with the services, portals, or other mechanisms of
the covered agency.
SEC. 759. COVERED AGENCY RESPONSIBILITIES.
(a) In General.--Each covered agency shall--
(1) prepare, maintain, publish, and implement a strategy
for advancing geographic information and related geospatial
data and activities appropriate to the mission of the covered
agency, in support of the strategic plan for the National
Spatial Data Infrastructure prepared under section 755(c);
(2) collect, maintain, disseminate, and preserve geospatial
data such that the resulting data, information, or products
can be readily shared with other Federal agencies and non-
Federal users;
(3) promote the integration of geospatial data from all
sources;
(4) ensure that data information products and other records
created in geospatial data and activities are included on
agency record schedules that have been approved by the
National Archives and Records Administration;
(5) allocate resources to fulfill the responsibilities of
effective geospatial data collection, production, and
stewardship with regard to related activities of the covered
agency, and as necessary to support the activities of the
Committee;
(6) use the geospatial data standards, including the
standards for metadata for geospatial data, and other
appropriate standards, including documenting geospatial data
with the relevant metadata and making metadata available
through the GeoPlatform;
(7) coordinate and work in partnership with other Federal
agencies, agencies of State, tribal, and local governments,
institutions of higher education, and the private sector to
efficiently and cost-effectively collect, integrate,
maintain, disseminate, and preserve geospatial data, building
upon existing non-Federal geospatial data to the extent
possible;
(8) use geospatial information to--
(A) make Federal geospatial information and services more
useful to the public;
(B) enhance operations;
(C) support decision making; and
(D) enhance reporting to the public and to Congress;
(9) protect personal privacy and maintain confidentiality
in accordance with Federal policy and law;
(10) participate in determining, when applicable, whether
declassified data can contribute to and become a part of the
National Spatial Data Infrastructure;
(11) search all sources, including the GeoPlatform, to
determine if existing Federal, State, local, or private
geospatial data meets the needs of the covered agency before
expending funds for geospatial data collection;
(12) to the maximum extent practicable, ensure that a
person receiving Federal funds for geospatial data collection
provides high-quality data; and
(13) appoint a contact to coordinate with the lead covered
agencies for collection, acquisition, maintenance, and
dissemination of the National Geospatial Data Asset data
themes used by the covered agency.
(b) Reporting.--
(1) In general.--Each covered agency shall submit to the
Committee an annual report regarding the achievements of the
covered agency in preparing and implementing the strategy
described in subsection (a)(1) and complying with the other
requirements under subsection (a).
(2) Budget submission.--Each covered agency shall--
(A) include geospatial data in preparing the budget
submission of the covered agency to the President under
sections 1105(a) and 1108 of title 31, United States Code;
(B) maintain an inventory of all geospatial data assets in
accordance with OMB Circular A-130, or any successor thereto;
and
(C) prepare an annual report to Congress identifying
Federal-wide geospatial data assets, as defined in OMB
Circular A-16, as set forth in OMB memo M-11-03, Issuance of
OMB Circular A-16 Supplemental Guidance (November 10, 2010),
or any successor thereto.
(3) Disclosure.--Each covered agency shall disclose each
contract, cooperative agreement, grant, or other transaction
that deals with geospatial data, which may include posting
information relating to the contract, cooperative agreement,
grant, or other transaction on www.USAspending.gov and
www.itdashboard.gov, or any successors thereto.
(4) OMB review.--In reviewing the annual budget
justifications submitted by covered agencies, the Office of
Management and Budget shall take into consideration the
summary and evaluations required under subparagraphs (A) and
(B) of section 753(c)(10), comments, and replies to comments
as required under paragraphs (11) and (12) of section 753(c),
in its annual evaluation of the budget justification of each
covered agency.
(5) Reporting.--The Office of Management and Budget shall
include a discussion of the summaries and evaluation of the
progress in establishing the National Spatial Data
Infrastructure in each E-Government status report submitted
under section 3606 of title 44, United States Code.
(c) Audits.--Not less than once every 2 years, the
inspector general of a covered agency (or senior ethics
official of the covered agency for a covered agency without
an inspector general) shall submit to Congress an audit of
the collection, production, acquisition, maintenance,
distribution, use, and preservation of geospatial data by the
covered agency, which shall include a review of--
(1) the compliance of the covered agency with the standards
for geospatial data, including metadata for geospatial data,
established under section 757;
(2) the compliance of the covered agency with the
requirements under subsection (a); and
(3) the compliance of the covered agency on the limitation
on the use of Federal funds under section 759A.
SEC. 759A. LIMITATION ON USE OF FEDERAL FUNDS.
(a) Definition.--In this section, the term ``implementation
date'' means the date that is 5 years after the date on which
standards for each National Geospatial Data Asset data theme
are established under section 757.
(b) Limitation.--Except as provided otherwise in this
section, on and after the implementation date, a covered
agency may not use Federal funds for the collection,
production, acquisition, maintenance, or dissemination of
geospatial data that does not comply with the applicable
standards established under section 757, as determined by the
Committee.
(c) Exception for Existing Geospatial Data.--On and after
the implementation date, a covered agency may use Federal
funds to maintain and disseminate geospatial data that does
not comply with the applicable standards established under
section 757 if the geospatial data was collected, produced,
or acquired by the covered agency before the implementation
date.
(d) Waiver.--
(1) In general.--The Chairperson of the Committee may grant
a waiver of the limitation under subsection (b), upon a
request from a covered agency submitted in accordance with
paragraph (2).
(2) Requirements.--A request for a waiver under paragraph
(1) shall--
(A) be submitted not later than 30 days before the
implementation date;
(B) provide a detailed explanation of the reasons for
seeking a waiver;
(C) provide a detailed plan to achieve compliance with the
applicable standards established under section 757; and
(D) provide the date by which the covered agency shall
achieve compliance with the applicable standards established
under section 757.
(e) Best Efforts to Comply During Transition.--During the
period beginning on the date on which standards for a
National Geospatial Data Asset data theme are established
under section 757 and ending on the implementation date, each
covered agency, to the maximum extent practicable, shall
collect, produce, acquire, maintain, and disseminate
geospatial data within the National Geospatial Data Asset
data theme in accordance with the standards.
SEC. 759B. SAVINGS PROVISION.
Nothing in this subtitle shall repeal, amend, or supersede
any existing law unless specifically provided in this
subtitle.
SEC. 759C. PRIVATE SECTOR.
The Committee and each covered agency may, to the maximum
extent practical, rely upon and use the private sector in the
United States for the provision of geospatial data and
services.
Subtitle G--Miscellaneous
SEC. 761. NEXTGEN RESEARCH.
Not later than 1 year after the date of enactment of this
Act, the Administrator shall submit to the Committee on
Science, Space, and Technology and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report specifying the top 5
priority research areas for the implementation and
advancement of NextGen, including--
(1) an assessment of why the research areas are a priority
for the implementation and advancement of NextGen;
(2) an identification of the other Federal agencies and
private organizations assisting the Administration with the
research; and
[[Page H8974]]
(3) an estimate of when the research will be completed.
SEC. 762. ADVANCED MATERIALS CENTER OF EXCELLENCE.
(a) In General.--Chapter 445 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 44518. Advanced Materials Center of Excellence
``(a) In General.--The Administrator of the Federal
Aviation Administration shall continue operation of the
Advanced Materials Center of Excellence (referred to in this
section as the `Center') under its structure as in effect on
March 1, 2016, which shall focus on applied research and
training on the durability and maintainability of advanced
materials in transport airframe structures.
``(b) Responsibilities.--The Center shall--
``(1) promote and facilitate collaboration among academia,
the Transportation Division of the Federal Aviation
Administration, and the commercial aircraft industry,
including manufacturers, commercial air carriers, and
suppliers; and
``(2) establish goals set to advance technology, improve
engineering practices, and facilitate continuing education in
relevant areas of study.''.
(b) Table of Contents.--The table of contents for chapter
445 of title 49, United States Code, is amended by adding at
the end the following:
``44518. Advanced Materials Center of Excellence.''.
TITLE VIII--AVIATION REVENUE PROVISIONS
SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST
FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue
Code of 1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2018'' and inserting ``October 1, 2023''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or the FAA Reauthorization Act of
2018;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code
is amended by striking ``October 1, 2018'' and inserting
``October 1, 2023''.
SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2018'' and inserting ``September 30, 2023''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2021'' and inserting ``September 30,
2023''.
(2) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``October 1, 2018'' and
inserting ``October 1, 2023''.
(3) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended by striking ``September 30, 2018'' and
inserting ``September 30, 2023''.
DIVISION C--NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF
2018
SEC. 1101. SHORT TITLE.
This division may be cited as the ``National Transportation
Safety Board Reauthorization Act''.
SEC. 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''.
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, is amended
to read as follows:
``(a) In General.--There are authorized to be appropriated
for the purposes of this chapter $111,400,000 for fiscal year
2019, $112,400,000 for fiscal year 2020, $113,400,000 for
fiscal year 2021, and $114,400,000 for fiscal year 2022. Such
sums shall remain available until expended.''.
SEC. 1104. STILL IMAGES.
(a) Still Images, Voice Recorders, and Video Recorders.--
(1) Cockpit recordings and transcripts.--Section 1114(c) of
title 49, United States Code, is amended--
(A) by redesignating paragraph (2) as paragraph (3);
(B) in paragraph (3), as so redesignated, by inserting
``References to information in making safety
recommendations.--'' before ``This''; and
(C) in paragraph (1)--
(i) in the first sentence, by striking ``The Board'' and
inserting ``Confidentiality of recordings.--Except as
provided in paragraph (2), the Board''; and
(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.''.
SEC. 1105. ELECTRONIC RECORDS.
Section 1134(a)(2) of title 49, United States Code, is
amended by inserting ``including an electronic record,''
after ``record,''.
SEC. 1106. REPORT ON MOST WANTED LIST METHODOLOGY.
(a) In General.--Not later than the date on which the first
Most Wanted List to be published after the date of enactment
of this Act is published, the Chairman shall publish on a
publicly available website of the Board and submit to
appropriate committees of Congress a report on the
methodology used to prioritize and select recommendations to
be included by the Board in the Most Wanted List.
(b) Elements.--The report under subsection (a) shall
include--
(1) a detailed description of how the Board accounts for
the risk to safety addressed in each of its recommendations,
including the extent to which the Board considers--
(A) the types of data and other information, including
studies and reports, used to identify the amount and
probability of risk to safety;
(B) the reduction of the risk to safety, estimated over a
period of time, by implementing each recommendation;
(C) the practicality and feasibility of achieving the
reduction of the risk to safety described in subparagraph
(B); and
[[Page H8975]]
(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.
SEC. 1107. METHODOLOGY.
(a) Redesignation.--Section 1116 of title 49, United States
Code, is amended by adding at the end the following:
``(c) Annual Report.--The National Transportation Safety
Board shall submit a report to Congress on July 1 of each
year. The report shall include--
``(1) a statistical and analytical summary of the
transportation accident investigations conducted and reviewed
by the Board during the prior calendar year;
``(2) a survey and summary of the recommendations made by
the Board to reduce the likelihood of recurrence of those
accidents together with the observed response to each
recommendation;
``(3) a detailed appraisal of the accident investigation
and accident prevention activities of other departments,
agencies, and instrumentalities of the United States
Government and State and local governmental authorities
having responsibility for those activities under a law of the
United States or a State;
``(4) a description of the activities and operations of the
National Transportation Safety Board Training Center during
the prior calendar year;
``(5) a list of accidents, during the prior calendar year,
that the Board was required to investigate under section 1131
but did not investigate and an explanation of why they were
not investigated; and
``(6) a list of ongoing investigations that have exceeded
the expected time allotted for completion by Board order and
an explanation for the additional time required to complete
each such investigation.''.
(b) Methodology.--
(1) In general.--Section 1117 of title 49, United States
Code, is amended to read as follows:
``Sec. 1117. Methodology
``(a) In General.--Not later than 2 years after the date of
enactment of the National Transportation Safety Board
Reauthorization Act, the Chairman shall include with each
investigative report in which a recommendation is issued by
the Board a methodology section detailing the process and
information underlying the selection of each recommendation.
``(b) Elements.--Except as provided in subsection (c), the
methodology section under subsection (a) shall include, for
each recommendation--
``(1) a brief summary of the Board's collection and
analysis of the specific accident investigation information
most relevant to the recommendation;
``(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.''.
SEC. 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.
SEC. 1109. ADDRESSING THE NEEDS OF FAMILIES OF INDIVIDUALS
INVOLVED IN ACCIDENTS.
(a) Air Carriers Holding Certificates of Public Convenience
and Necessity.--Section 41113 of title 49, United States
Code, is amended--
(1) in subsection (a), by striking ``a major'' and
inserting ``any''; and
(2) in subsection (b)--
(A) in paragraph (9), by striking ``(and any other victim
of the accident)'' and inserting ``(and any other victim of
the accident, including any victim on the ground)'';
(B) in paragraph (16), by striking ``major'' and inserting
``any''; and
(C) in paragraph (17)(A), by striking ``significant'' and
inserting ``any''.
(b) Foreign Air Carriers Providing Foreign Air
Transportation.--Section 41313 of title 49, United States
Code, is amended--
(1) in subsection (b), by striking ``a major'' and
inserting ``any''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``a significant'' and
inserting ``any'';
(B) in paragraph (2), by striking ``a significant'' and
inserting ``any'';
(C) by amending paragraph (9) to read as follows:
``(9) Equal treatment of passengers.--An assurance that the
treatment of the families of nonrevenue passengers (and any
other victim of the accident, including any victim on the
ground) will be the same as the treatment of the families of
revenue passengers.'';
(D) in paragraph (16)--
(i) by striking ``major'' and inserting ``any''; and
(ii) by striking ``the foreign air carrier will consult''
and inserting ``will consult''; and
(E) in paragraph (17)(A), by striking ``significant'' and
inserting ``any''.
(c) Assistance to Families of Passengers Involved in
Aircraft Accidents.--Section 1136 of title 49, United States
Code, is amended--
(1) in subsection (a), by striking ``aircraft accident
within the United States involving an air carrier or foreign
air carrier and resulting in a major loss of life'' and
inserting ``aircraft accident involving an air carrier or
foreign air carrier, resulting in any loss of life, and for
which the National Transportation Safety Board will serve as
the lead investigative agency''; and
(2) in subsection (h)--
(A) by amending paragraph (1) to read as follows:
``(1) Aircraft accident.--The term `aircraft accident'
means any aviation disaster, regardless of its cause or
suspected cause, for which the National Transportation Safety
Board is the lead investigative agency.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) any other person injured or killed in the aircraft
accident, as determined appropriate by the Board.''.
(d) Assistance to Families of Passengers Involved in Rail
Passenger Accidents.--Section 1139 of title 49, United States
Code, is amended--
(1) in subsection (a), by striking ``resulting in a major
loss of life'' and inserting ``resulting in any loss of life,
and for which the National Transportation Safety Board will
serve as the lead investigative agency''; and
(2) by amending subsection (h)(1) to read as follows:
``(1) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster that--
``(A) results in any loss of life;
``(B) the National Transportation Safety Board will serve
as the lead investigative agency for; and
``(C) occurs in the provision of--
``(i) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
``(ii) high-speed rail (as such term is defined in section
26105) transportation, regardless of its cause or suspected
cause.''.
(e) Information for Families of Individuals Involved in
Accidents.--
(1) In general.--Subchapter III of chapter 11 of subtitle
II of title 49, United States Code, is amended by adding at
the end the following:
``Sec. 1140. 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
[[Page H8976]]
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.''.
SEC. 1110. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
INVESTIGATION LAUNCH DECISION-MAKING PROCESSES.
Section 1138 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) the process and procedures to select an accident to
investigate;''; and
(2) in subsection (c), by inserting a comma after
``Science''.
SEC. 1111. PERIODIC REVIEW OF SAFETY RECOMMENDATIONS.
(a) Reports.--Section 1116 of title 49, United States Code,
as amended by this Act, is further amended--
(1) in the heading, by striking ``and studies'' and
inserting ``, studies, and retrospective reviews''; and
(2) by adding at the end the following:
``(d) Retrospective Reviews.--
``(1) In general.--Subject to paragraph (2), not later than
June 1, 2019, and at least every 5 years thereafter, the
Chairman shall complete a retrospective review of
recommendations issued by the Board that are classified as
open by the Board.
``(2) Contents.--A review under paragraph (1) shall
include--
``(A) a determination of whether the recommendation should
be updated, closed, or reissued in light of--
``(i) changed circumstances;
``(ii) more recently issued recommendations;
``(iii) the availability of new technologies; or
``(iv) new information making the recommendation
ineffective or insufficient for achieving its objective; and
``(B) a justification for each determination under
subparagraph (A).
``(3) Report.--Not later than 180 days after the date a
review under paragraph (1) is complete, the Chairman shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
``(A) the findings of the review under paragraph (1);
``(B) each determination under paragraph (2)(A) and
justification under paragraph (2)(B); and
``(C) if applicable, a schedule for updating, closing, or
reissuing a recommendation.''.
(b) Clerical Amendment.--The analysis for chapter 11 of
title 49, United States Code, 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.
SEC. 1112. GENERAL ORGANIZATION.
(a) Terms of the Chairman and Vice Chairman.--Section
1111(d) of title 49, United States Code, is amended by
striking ``2 years'' and inserting ``3 years''.
(b) Nonpublic Collaborative Discussions.--Section 1111 of
such title is further amended by adding at the end the
following:
``(k) Open Meetings.--
``(1) In general.--The Board shall be deemed to be an
agency for purposes of section 552b of title 5.
``(2) Nonpublic collaborative discussions.--
``(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''.
SEC. 1113. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Contents.--The table of contents of subchapter
III of chapter 11 of subtitle II of title 49, United States
Code, is amended in the item relating to section 1138 by
striking ``Board'' and inserting ``Board.''.
(b) General Authority.--Section 1131(a)(1)(A) of title 49,
United States Code, is amended by striking ``a public
aircraft as defined by section 40102(a)(37) of this title''
and inserting ``a public aircraft as defined by section
40102(a) of this title''.
DIVISION D--DISASTER RECOVERY REFORM
SEC. 1201. SHORT TITLE.
This division may be cited as the ``Disaster Recovery
Reform Act of 2018''.
SEC. 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.
SEC. 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).
SEC. 1204. WILDFIRE PREVENTION.
(a) Mitigation Assistance.--Section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5187) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard
mitigation 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
[[Page H8977]]
Homeland Security and Governmental Affairs of the Senate, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committees on Appropriations of
the Senate and the House of Representatives a report
containing a summary of any projects carried out, and any
funding provided to those projects, under subsection (d) of
section 420 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5187) (as amended by this
section).
SEC. 1205. ADDITIONAL ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) is amended by
adding at the end the following:
``(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may
use the assistance to conduct activities to help reduce the
risk of future damage, hardship, loss, or suffering in any
area affected by a wildfire or windstorm, such as--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious
weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures;
``(11) reducing hazardous fuels;
``(12) mitigating windstorm damage, including replacing or
installing electrical transmission or distribution utility
pole structures with poles that are resilient to extreme wind
and combined ice and wind loadings for the basic wind speeds
and ice conditions associated with the relevant location;
``(13) removing standing burned trees; and
``(14) replacing water systems that have been burned and
have caused contamination.''.
SEC. 1206. ELIGIBILITY FOR CODE IMPLEMENTATION AND
ENFORCEMENT.
(a) In General.--Section 402 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170a) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) provide assistance to State and local governments for
building code and floodplain management ordinance
administration and enforcement, including inspections for
substantial damage compliance; and''.
(b) Repair, Restoration, and Replacement of Damaged
Facilities.--Section 406(a)(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(a)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) base and overtime wages for extra hires to facilitate
the implementation and enforcement of adopted building codes
for a period of not more than 180 days after the major
disaster is declared.''.
SEC. 1207. PROGRAM IMPROVEMENTS.
(a) Hazard Mitigation.--Section 406(c) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(c)) is amended--
(1) in paragraph (1)(A), by striking ``90 percent of''; and
(2) in paragraph (2)(A), by striking ``75 percent of''.
(b) Flood Insurance.--Section 406(d)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(d)(1)) is amended by adding at the end the
following: ``This section shall not apply to more than one
building of a multi-structure educational, law enforcement,
correctional, fire, or medical campus, for any major disaster
or emergency declared by the President under section 401 or
501, respectively, of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170, 5191) on or
after January 1, 2016, through December 31, 2018.''.
(c) Participation.--Section 428(d) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5189f(d)) is amended--
(1) by striking ``Participation in'' and inserting the
following:
``(1) In general.--Participation in''; and
(2) by adding at the end the following:
``(2) No conditions.--The President may not condition the
provision of Federal assistance under this Act on the
election by a State, local, or Indian tribal government, or
owner or operator of a private nonprofit facility to
participate in the alternative procedures adopted under this
section.''.
(d) Certification.--Section 428(e)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5189f(e)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) once certified by a professionally licensed engineer
and accepted by the Administrator, the estimates on which
grants made pursuant to this section are based shall be
presumed to be reasonable and eligible costs, as long as
there is no evidence of fraud.''.
SEC. 1208. PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall provide guidance and training on
an annual basis to State, local, and Indian tribal
governments, first responders, and utility companies on--
(1) the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities to ensure that
such health care facilities remain functioning or return to
functioning as soon as practicable during power outages
caused by natural hazards, including severe weather events;
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during
a major disaster or emergency, as those terms are defined in
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122); and
(3) how State, local, and Indian tribal governments, first
responders, utility companies, hospitals, nursing homes, and
other long-term care facilities should develop a strategy to
coordinate emergency response plans, including the activation
of emergency response plans, in anticipation of a major
disaster, including severe weather events.
SEC. 1209. 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.
SEC. 1210. DUPLICATION OF BENEFITS.
(a) In General.--
(1) Authority.--Section 312(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5155(b)) is amended by adding at the end the following:
[[Page H8978]]
``(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
SEC. 1211. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT
TEMPORARY HOUSING AND PERMANENT HOUSING
CONSTRUCTION.
(a) State Role.--Section 408(f) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(f)) is amended--
(1) in paragraph (1)--
(A) by striking the paragraph heading and inserting
``State- or indian tribal government-administered assistance
and other needs assistance.--'';
(B) in subparagraph (A)--
(i) by striking ``financial''; and
(ii) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e) if the President and
the State or Indian tribal government comply, as determined
by the Administrator, with paragraph (3)''; and
(C) in subparagraph (B)--
(i) by striking ``financial''; and
(ii) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e)''; and
(2) by adding at the end the following:
``(3) Requirements.--
``(A) Application.--A State or Indian tribal government
desiring to provide assistance under subsection (c)(1)(B),
(c)(4), or (e) shall submit to the President an application
for a grant to provide financial assistance under the
program.
``(B) Criteria.--The President, in consultation and
coordination with State and Indian tribal governments, shall
establish criteria for the approval of applications submitted
under subparagraph (A). The criteria shall include, at a
minimum--
``(i) a requirement that the State or Indian tribal
government submit a housing strategy under subparagraph (C);
``(ii) the demonstrated ability of the State or Indian
tribal government to manage the program under this section;
``(iii) there being in effect a plan approved by the
President as to how the State or Indian tribal government
will comply with applicable Federal laws and regulations and
how the State or Indian tribal government will provide
assistance under its plan;
``(iv) a requirement that the State or Indian tribal
government comply with rules and regulations established
pursuant to subsection (j); and
``(v) a requirement that the President, or the designee of
the President, comply with subsection (i).
``(C) Requirement of housing strategy.--
``(i) In general.--A State or Indian tribal government
submitting an application under this paragraph shall have an
approved housing strategy, which shall be developed and
submitted to the President for approval.
``(ii) Requirements.--The housing strategy required under
clause (i) shall--
``(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.
[[Page H8979]]
``(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.
SEC. 1212. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(h) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
(1) in paragraph (1), by inserting ``, excluding financial
assistance to rent alternate housing accommodations under
subsection (c)(1)(A)(i) and financial assistance to address
other needs under subsection (e)'' after ``disaster'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive under
subsection (e) shall be equivalent to the amount set forth in
paragraph (1) with respect to a single major disaster.'';
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)'';
and
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Exclusion of necessary expenses for individuals with
disabilities.--
``(A) In general.--The maximum amount of assistance
established under paragraph (1) shall exclude expenses to
repair or replace damaged accessibility-related improvements
under paragraphs (2), (3), and (4) of subsection (c) for
individuals with disabilities.
``(B) Other needs assistance.--The maximum amount of
assistance established under paragraph (2) shall exclude
expenses to repair or replace accessibility-related personal
property under subsection (e)(2) for individuals with
disabilities.''.
SEC. 1213. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.
(a) Lease and Repair of Rental Units for Temporary
Housing.--Section 408(c)(1)(B)(ii)(II) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)(ii)(II)) is amended to read as follows:
``(II) Improvements or repairs.--Under the terms of any
lease agreement for property entered into under this
subsection, the value of the improvements or repairs shall be
deducted from the value of the lease agreement.''.
(b) Rental Properties Impacted.--Section
408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
``(aa) enter into lease agreements with owners of
multifamily rental property impacted by a major disaster or
located in areas covered by a major disaster declaration to
house individuals and households eligible for assistance
under this section; and''.
(c) Inspector General Report.--Not later than 2 years after
the date of the enactment of this Act, the inspector general
of the Department of Homeland Security shall--
(1) assess the use of the authority provided under section
408(c)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)), as
amended by this division, including the adequacy of any
benefit-cost analysis done to justify the use of this
alternative; and
(2) submit a report on the results of the assessment
conducted under paragraph (1) to the appropriate committees
of Congress.
SEC. 1214. PRIVATE NONPROFIT FACILITY.
Section 102(11)(B) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(11)(B))
is amended by inserting ``food banks,'' after ``shelter
workshops,''.
SEC. 1215. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by striking ``any administrative
expense, and any other expense not directly chargeable to''
and inserting ``any direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(B) in paragraph (1), as added by subparagraph (A), by
striking ``establish'' and inserting ``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator of the
Federal Emergency Management Agency shall provide the
following percentage rates, in addition to the eligible
project costs, to cover direct and indirect costs of
administering the following programs:
``(A) Hazard mitigation.--A grantee under section 404 may
be reimbursed not more than 15 percent of the total amount of
the grant award under such section of which not more than 10
percent may be used by the grantee and 5 percent by the
subgrantee for such costs.
``(B) Public assistance.--A grantee under sections 403,
406, 407, and 502 may be reimbursed not more than 12 percent
of the total award amount under such sections, of which not
more than 7 percent may be used by the grantee and 5 percent
by the subgrantee for such costs.''.
SEC. 1216. 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
[[Page H8980]]
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.
SEC. 1217. ADDITIONAL DISASTER ASSISTANCE.
(a) Disaster Mitigation.--Section 209 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3149) is
amended by adding at the end the following:
``(e) Disaster Mitigation.--In providing assistance
pursuant to subsection (c)(2), if appropriate and as
applicable, the Secretary may encourage hazard mitigation in
assistance provided pursuant to such subsection.''.
(b) Emergency Management Assistance Compact Grants.--
Section 661(d) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 761(d)) is amended by striking
``for fiscal year 2008'' and inserting ``for each of fiscal
years 2018 through 2022''.
(c) Emergency Management Performance Grants Program.--
Section 662(f) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 762(f)) is amended by striking
``the program'' and all that follows through ``2012'' and
inserting ``the program, for each of fiscal years 2018
through 2022''.
(d) Technical Amendment.--Section 403(a)(3) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b(a)(3)) is amended by striking the second
subparagraph (J).
SEC. 1218. NATIONAL VETERINARY EMERGENCY TEAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may establish one or more national
veterinary emergency teams at accredited colleges of
veterinary medicine.
(b) Responsibilities.--A national veterinary emergency team
shall--
(1) deploy with a team of the National Urban Search and
Rescue Response System to assist with--
(A) veterinary care of canine search teams;
(B) locating and treating companion animals, service
animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic diseases;
(2) recruit, train, and certify veterinary professionals,
including veterinary students, in accordance with an
established set of plans and standard operating guidelines to
carry out the duties associated with planning for and
responding to major disasters and emergencies as described in
paragraph (1);
(3) assist State governments, Indian tribal governments,
local governments, and nonprofit organizations in developing
emergency management and evacuation plans that account for
the care and rescue of animals and in improving local
readiness for providing veterinary medical response during an
emergency or major disaster; and
(4) coordinate with the Department of Homeland Security,
the Department of Health and Human Services, the Department
of Agriculture, State, local, and Indian tribal governments
(including departments of animal and human health),
veterinary and health care professionals, and volunteers.
SEC. 1219. RIGHT OF ARBITRATION.
Section 423 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189a) is amended by
adding at the end the following:
``(d) Right of Arbitration.--
``(1) In general.--Notwithstanding this section, an
applicant for assistance under this title may request
arbitration to dispute the eligibility for assistance or
repayment of assistance provided for a dispute of more than
$500,000 for any disaster that occurred after January 1,
2016. Such arbitration shall be conducted by the Civilian
Board of Contract Appeals and the decision of such Board
shall be binding.
``(2) Review.--The Civilian Board of Contract Appeals shall
consider from the applicant all original and additional
documentation, testimony, or other such evidence supporting
the applicant's position at any time during arbitration.
``(3) Rural areas.--For an applicant for assistance in a
rural area under this title, the assistance amount eligible
for arbitration pursuant to this subsection shall be
$100,000.
``(4) Rural area defined.--For the purposes of this
subsection, the term `rural area' means an area with a
population of less than 200,000 outside an urbanized area.
``(5) Eligibility.--To participate in arbitration under
this subsection, an applicant--
``(A) shall submit the dispute to the arbitration process
established under the authority granted under section 601 of
Public Law 111-5; and
``(B) may submit a request for arbitration after the
completion of the first appeal under subsection (a) at any
time before the Administrator of the Federal Emergency
Management Agency has issued a final agency determination or
180 days after the Administrator's receipt of the appeal if
the Administrator has not provided the applicant with a final
determination on the appeal. The applicant's request shall
contain documentation from the administrative record for the
first appeal and may contain additional documentation
supporting the applicant's position.''.
SEC. 1220. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC
PRESERVATION REVIEW.
(a) Review and Analysis.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall review
the Unified Federal Environmental and Historic Preservation
review process established pursuant to section 429 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189g), and submit a report to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate that includes the
following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under
Federal law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a major disaster or emergency declared by the
President under section 401 or 501, respectively, of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170, 5191).
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and
analyses under subsection (a), but not later than 2 years
after the date of enactment of this Act, and after providing
notice and opportunity for public comment, the Administrator
shall issue regulations to implement any regulatory
recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the
categorical exclusions meet the criteria for a categorical
exclusion under section 1508.4 of title 40, Code of Federal
Regulations, and section II of DHS Instruction Manual 023-01-
001-01.
SEC. 1221. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5205) is amended by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator of the Federal
Emergency Management Agency
[[Page H8981]]
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.
SEC. 1222. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5149) is amended by
adding at the end the following:
``(c) The Administrator of the Federal Emergency Management
Agency is authorized to appoint temporary personnel, after
serving continuously for 3 years, to positions in the Federal
Emergency Management Agency in the same manner that
competitive service employees with competitive status are
considered for transfer, reassignment, or promotion to such
positions. An individual appointed under this subsection
shall become a career-conditional employee, unless the
employee has already completed the service requirements for
career tenure.''.
SEC. 1223. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION
COLLECTION.
Not later than 1 year after the date of enactment of this
Act, the Administrator--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, the Disaster
Assistance Working Group of the Council of the Inspectors
General on Integrity and Efficiency, and other appropriate
agencies, conduct a study and develop a plan, consistent with
law, under which the collection of information from disaster
assistance applicants and grantees will be modified,
streamlined, expedited, efficient, flexible, consolidated,
and simplified to be less burdensome, duplicative, and time
consuming for applicants and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, the Disaster
Assistance Working Group of the Council of the Inspectors
General on Integrity and Efficiency, and other appropriate
agencies, develop a plan for the regular collection and
reporting of information on Federal disaster assistance
awarded, including the establishment and maintenance of a
website for presenting the information to the public; and
(3) submit the plans developed under paragraphs (1) and (2)
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
SEC. 1224. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended
by adding at the end the following:
``SEC. 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
[[Page H8982]]
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).''.
SEC. 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.
SEC. 1226. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR
TARPS AND PLASTIC SHEETING.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Inspector General of the
Department of Homeland Security shall initiate an audit of
the contracts awarded by the Agency for tarps and plastic
sheeting for the Commonwealth of Puerto Rico and the United
States Virgin Islands in response to Hurricane Irma and
Hurricane Maria.
(b) Considerations.--In carrying out the audit under
subsection (a), the inspector general shall review--
(1) the contracting process used by the Agency to evaluate
offerors and award the relevant contracts to contractors;
(2) the assessment conducted by the Agency of the past
performance of the contractors, including any historical
information showing that the contractors had supported large-
scale delivery quantities in the past;
(3) the assessment conducted by the Agency of the capacity
of the contractors to carry out the relevant contracts,
including with respect to inventory, production, and
financial capabilities;
(4) how the Agency ensured that the contractors met the
terms of the relevant contracts; and
(5) whether the failure of the contractors to meet the
terms of the relevant contracts and the subsequent
cancellation by the Agency of the relevant contracts affected
the provision of tarps and plastic sheeting to the
Commonwealth of Puerto Rico and the United States Virgin
Islands.
(c) Report.--Not later than 270 days after the date of
initiation of the audit under subsection (a), the inspector
general shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on the results of the audit, including
findings and recommendations.
SEC. 1227. RELIEF ORGANIZATIONS.
Section 309 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5152) is amended--
(1) in subsection (a), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''; and
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''.
SEC. 1228. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
The Administrator of the Federal Emergency Management
Agency, in coordination with the Administrator of the Federal
Highway Administration, shall develop and issue guidance for
State, local, and Indian tribal governments regarding repair,
restoration, and replacement of inundated and submerged roads
damaged or destroyed by a major disaster, and for associated
expenses incurred by the Government, with respect to roads
eligible for assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172).
SEC. 1229. EXTENSION OF ASSISTANCE.
(a) In General.--Notwithstanding any other provision of
law, in the case of an individual eligible to receive
unemployment assistance under section 410(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5177(a)) as a result of a disaster declaration made
for Hurricane Irma and Hurricane Maria in the Commonwealth of
Puerto Rico and the United States Virgin Islands, the
President shall make such assistance available for 52 weeks
after the date of the disaster declaration effective as if
enacted at the time of the disaster declaration.
(b) No Additional Funds Authorized.--No additional funds
are authorized to carry out the requirements of this section.
SEC. 1230. GUIDANCE AND RECOMMENDATIONS.
(a) Guidance.--The Administrator shall provide guidance to
a common interest community that provides essential services
of a governmental nature on actions that a common interest
community may take in order to be eligible to receive
reimbursement from a grantee that receives funds from the
Agency for certain activities performed after an event that
results in a major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
(b) Recommendations.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall provide to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a legislative
proposal on how to provide eligibility for disaster
assistance with respect to common areas of condominiums and
housing cooperatives.
(c) Effective Date.--This section shall be effective on the
date of enactment of this Act.
SEC. 1231. 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.
SEC. 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.
SEC. 1233. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c), as amended by
this division, is further amended by adding at the end the
following:
``(g) Use of Assistance for Earthquake Hazards.--Recipients
of hazard mitigation
[[Page H8983]]
assistance provided under this section and section 203 may
use the assistance to conduct activities to help reduce the
risk of future damage, hardship, loss, or suffering in any
area affected by earthquake hazards, including--
``(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.''.
SEC. 1234. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD
MITIGATION.
(a) Predisaster Hazard Mitigation.--Section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133) is amended--
(1) in subsection (c) by inserting ``Public
Infrastructure'' after ``the National'';
(2) in subsection (e)(1)(B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out enforcement activities
and implement the latest published editions of relevant
consensus-based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish
minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities that may
be eligible for assistance under this Act for the purpose of
protecting the health, safety, and general welfare of the
buildings' users against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after ``competitive
basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available to
local governments of a State) under this subsection that
remain unobligated by the end of the third fiscal year after
the fiscal year for which the amounts were allocated; and
``(B) in the fiscal year following a fiscal year in which
amounts were withdrawn under subparagraph (A), add the
amounts to any other amounts available to be awarded on a
competitive basis pursuant to paragraph (1).'';
(4) in subsection (g)--
(A) by inserting ``provide financial assistance only in
States that have received a major disaster declaration in the
previous 7 years, or to any Indian tribal government located
partially or entirely within the boundaries of such States,
and'' after ``the President shall'';
(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.
SEC. 1235. ADDITIONAL MITIGATION ACTIVITIES.
(a) Hazard Mitigation Clarification.--Section 404(a) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c(a)) is amended by striking the first
sentence and inserting the following: ``The President may
contribute up to 75 percent of the cost of hazard mitigation
measures which the President has determined are cost
effective and which substantially reduce the risk of, or
increase resilience to, future damage, hardship, loss, or
suffering in any area affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(e)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting after
``section,'' the following: ``for disasters declared on or
after August 1, 2017, or a disaster in which a cost estimate
has not yet been finalized for a project, or for any project
for which the finalized cost estimate is on appeal,'';
(2) in clause (i), by striking ``and'' at the end;
(3) in clause (ii)--
(A) by striking ``codes, specifications, and standards''
and inserting ``the latest published editions of relevant
consensus-based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish
minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities that may
be eligible for assistance under this Act for the purposes of
protecting the health, safety, and general welfare of a
facility's users against disasters'';
(B) by striking ``applicable at the time at which the
disaster occurred''; and
(C) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(iii) in a manner that allows the facility to meet the
definition of resilient developed pursuant to this
subsection.''.
(c) Other Eligible Cost.--Section 406(e)(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(e)(1)) is further amended by adding at the end
the following:
``(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
[[Page H8984]]
Administrator shall submit to Congress a report summarizing
the regulations and guidance issued pursuant to this
paragraph.''.
(e) Conforming Amendment.--Section 205(d)(2) of the
Disaster Mitigation Act of 2000 (42 U.S.C. 5172 note) is
amended by inserting ``(B)'' after ``except that paragraph
(1)''.
SEC. 1236. GUIDANCE AND TRAINING BY FEMA ON COORDINATION OF
EMERGENCY RESPONSE PLANS.
(a) Training Requirement.--The Administrator, in
coordination with other relevant agencies, shall provide
guidance and training on an annual basis to State, local, and
Indian tribal governments, first responders, and facilities
that store hazardous materials on coordination of emergency
response plans in the event of a major disaster or emergency,
including severe weather events. The guidance and training
shall include the following:
(1) Providing a list of equipment required in the event a
hazardous substance is released into the environment.
(2) Outlining the health risks associated with exposure to
hazardous substances to improve treatment response.
(3) Publishing best practices for mitigating further danger
to communities from hazardous substances.
(b) Implementation.--The requirement of subsection (a)
shall be implemented not later than 180 days after the date
of enactment of this Act.
SEC. 1237. 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.
SEC. 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.
SEC. 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.
SEC. 1240. REPORT ON INSURANCE SHORTFALLS.
Not later than 2 years after the date of enactment of this
section, and each year thereafter until 2023, the
Administrator of the Federal Emergency Management Agency
shall submit a report to Congress on the number of instances
and the estimated amounts involved, by State, for cases in
which self-insurance amounts have been insufficient to
address flood damages.
SEC. 1241. 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.
SEC. 1242. FEMA UPDATES ON NATIONAL PREPAREDNESS ASSESSMENT.
Not later than 6 months after the date of enactment of this
Act, and every 6 months thereafter until completion, the
Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committees on Transportation and Infrastructure and Homeland
Security of the House of Representatives an update on the
progress of the Agency in completing action 6 with respect to
the report published by the Government Accountability Office
entitled ``2012 Annual Report: Opportunities to Reduce
Duplication, Overlap and Fragmentation, Achieve Savings, and
Enhance Revenue'' (February 28, 2012), which recommends the
Agency to--
(1) complete a national preparedness assessment of
capability gaps at each level based on tiered, capability-
specific performance objectives to enable prioritization of
grant funding; and
(2) identify the potential costs for establishing and
maintaining those capabilities at each level and determine
what capabilities Federal agencies should provide.
SEC. 1243. FEMA REPORT ON DUPLICATION IN NON-NATURAL DISASTER
PREPAREDNESS GRANT PROGRAMS.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall submit to the Committees on
Homeland Security and Governmental Affairs of the Senate and
the Committees on Transportation and Infrastructure and
Homeland Security of the House of Representatives a report on
the results of the efforts of the Agency to identify and
prevent unnecessary duplication within and across the non-
natural disaster preparedness grant programs of the Agency,
as recommended in the report published by the Government
Accountability Office entitled ``2012 Annual Report:
Opportunities to Reduce Duplication, Overlap and
[[Page H8985]]
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.).
SEC. 1244. STUDY AND REPORT.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall enter into a
contract with the National Academy of Medicine to conduct a
study and prepare a report as described in subsection (b).
(b) Study and Report.--
(1) Study.--
(A) In general.--The study described in this subsection
shall be a study of matters concerning best practices in
mortality counts as a result of a major disaster (as defined
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)).
(B) Contents.--The study described in this subsection shall
address approaches to quantifying mortality and significant
morbidity among populations affected by major disasters,
which shall include best practices and policy recommendations
for--
(i) equitable and timely attribution, in order to
facilitate access to available benefits, among other things;
(ii) timely prospective tracking of population levels of
mortality and significant morbidity, and their causes, in
order to continuously inform response efforts; and
(iii) a retrospective study of disaster-related mortality
and significant morbidity to inform after-action analysis and
improve subsequent preparedness efforts.
(2) Report.--Not later than 2 years after the date on which
the contract described in subsection (a) is entered into, the
National Academy of Medicine shall complete and transmit to
the Administrator a report on the study described in
paragraph (1).
(c) No Additional Funds Authorized.--No additional funds
are authorized to carry out the requirements of this section.
SEC. 1245. 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.
SEC. 1246. EXTENSION.
The Administrator shall extend the deadlines to implement
the reasonable and prudent alternative outlined in the
jeopardy biological opinion dated April 14, 2016, by up to 3
years from the date of enactment of this Act. Within 18
months from the date of enactment of this Act, the
Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Environment
and Public Works of the Senate; and the Committee on Homeland
Security, the Committee on Natural Resources, and the
Committee on Transportation and Infrastructure of the House
of Representatives a report on the status of implementing
these reasonable and prudent alternatives.
DIVISION E--CONCRETE MASONRY
SEC. 1301. SHORT TITLE.
This division may be cited as the ``Concrete Masonry
Products Research, Education, and Promotion Act of 2018''.
SEC. 1302. DECLARATION OF POLICY.
(a) Purpose.--The purpose of this division is to authorize
the establishment of an orderly program for developing,
financing, and carrying out an effective, continuous, and
coordinated program of research, education, and promotion,
including funds for marketing and market research activities,
that is designed to--
(1) strengthen the position of the concrete masonry
products industry in the domestic marketplace;
(2) maintain, develop, and expand markets and uses for
concrete masonry products in the domestic marketplace; and
(3) promote the use of concrete masonry products in
construction and building.
(b) Limitation.--Nothing in this division may be construed
to provide for the control of production or otherwise limit
the right of any person to manufacture concrete masonry
products.
SEC. 1303. 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.
SEC. 1304. ISSUANCE OF ORDERS.
(a) In General.--
(1) Issuance.--The Secretary, subject to the procedures
provided in subsection (b),
[[Page H8986]]
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.
SEC. 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,
[[Page H8987]]
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.
SEC. 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.--
[[Page H8988]]
(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).
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
[[Page H8989]]
oaths and affirmations, subpoena witnesses, compel the
attendance of witnesses, take evidence, and require the
production of any records that are relevant to the inquiry.
The production of the records may be required from any place
in the United States.
(2) Administrative hearings.--For the purpose of an
administrative hearing held under section 1308(a)(2) or
section 1309(c)(4), the presiding officer may administer
oaths and affirmations, subpoena witnesses, compel the
attendance of witnesses, take evidence, and require the
production of any records that are relevant to the inquiry.
The attendance of witnesses and the production of the records
may be required from any place in the United States.
(c) Aid of Courts.--
(1) In general.--In the case of contumacy by, or refusal to
obey a subpoena issued under subsection (b) to, any person,
the Secretary may invoke the aid of any court of the United
States within the jurisdiction of which the investigation or
proceeding is conducted, or where the person resides or
conducts business, in order to enforce a subpoena issued
under subsection (b).
(2) Order.--The court may issue an order requiring the
person referred to in paragraph (1) to comply with a subpoena
referred to in paragraph (1).
(3) Failure to obey.--Any failure to obey the order of the
court may be punished by the court as a contempt of court.
(4) Process.--Process in any proceeding under this
subsection may be served in the United States judicial
district in which the person being proceeded against resides
or conducts business, or wherever the person may be found.
SEC. 1311. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
DIVISION F--BUILD ACT OF 2018
SEC. 1401. SHORT TITLE.
This division may be cited as the ``Better Utilization of
Investments Leading to Development Act of 2018'' or the
``BUILD Act of 2018''.
SEC. 1402. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Less developed country.--The term ``less developed
country'' means a country with a low-income economy, lower-
middle-income economy, or upper-middle-income economy, as
defined by the International Bank for Reconstruction and
Development and the International Development Association
(collectively referred to as the ``World Bank'').
(3) Predecessor authority.--The term ``predecessor
authority'' means authorities repealed by title VI.
(4) Qualifying sovereign entity.--The term ``qualifying
sovereign entity'' means--
(A) any agency or instrumentality of a foreign state (as
defined in section 1603 of title 28, United States Code) that
has a purpose that is similar to the purpose of the
Corporation as described in section 1412(b); or
(B) any international financial institution (as defined in
section 1701(c) of the International Financial Institutions
Act (22 U.S.C. 262r(c))).
[[Page H8990]]
TITLE I--ESTABLISHMENT
SEC. 1411. STATEMENT OF POLICY.
It is the policy of the United States to facilitate market-
based private sector development and inclusive economic
growth in less developed countries through the provision of
credit, capital, and other financial support--
(1) to mobilize private capital in support of sustainable,
broad-based economic growth, poverty reduction, and
development through demand-driven partnerships with the
private sector that further the foreign policy interests of
the United States;
(2) to finance development that builds and strengthens
civic institutions, promotes competition, and provides for
public accountability and transparency;
(3) to help private sector actors overcome identifiable
market gaps and inefficiencies without distorting markets;
(4) to achieve clearly defined economic and social
development outcomes;
(5) to coordinate with institutions with purposes similar
to the purposes of the Corporation to leverage resources of
those institutions to produce the greatest impact;
(6) to provide countries a robust alternative to state-
directed investments by authoritarian governments and United
States strategic competitors using best practices with
respect to transparency and environmental and social
safeguards, and which take into account the debt
sustainability of partner countries;
(7) to leverage private sector capabilities and innovative
development tools to help countries transition from
recipients of bilateral development assistance toward
increased self-reliance; and
(8) to complement and be guided by overall United States
foreign policy, development, and national security
objectives, taking into account the priorities and needs of
countries receiving support.
SEC. 1412. UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION.
(a) Establishment.--There is established in the executive
branch the United States International Development Finance
Corporation (in this division referred to as the
``Corporation''), which shall be a wholly owned Government
corporation for purposes of chapter 91 of title 31, United
States Code, under the foreign policy guidance of the
Secretary of State.
(b) Purpose.--The purpose of the Corporation shall be to
mobilize and facilitate the participation of private sector
capital and skills in the economic development of less
developed countries, as described in subsection (c), and
countries in transition from nonmarket to market economies,
in order to complement the development assistance objectives,
and advance the foreign policy interests, of the United
States. In carrying out its purpose, the Corporation,
utilizing broad criteria, shall take into account in its
financing operations the economic and financial soundness and
development objectives of projects for which it provides
support under title II.
(c) Less Developed Country Focus.--
(1) In general.--The Corporation shall prioritize the
provision of support under title II in less developed
countries with a low-income economy or a lower-middle-income
economy.
(2) Support in upper-middle-income countries.--The
Corporation shall restrict the provision of support under
title II in a less developed country with an upper-middle-
income economy unless--
(A) the President certifies to the appropriate
congressional committees that such support furthers the
national economic or foreign policy interests of the United
States; and
(B) such support is designed to produce significant
developmental outcomes or provide developmental benefits to
the poorest population of that country.
SEC. 1413. MANAGEMENT OF CORPORATION.
(a) Structure of Corporation.--There shall be in the
Corporation a Board of Directors (in this division referred
to as the ``Board''), a Chief Executive Officer, a Deputy
Chief Executive Officer, a Chief Risk Officer, a Chief
Development Officer, and such other officers as the Board may
determine.
(b) Board of Directors.--
(1) Duties.--All powers of the Corporation shall vest in
and be exercised by or under the authority of the Board. The
Board--
(A) shall perform the functions specified to be carried out
by the Board in this division;
(B) may prescribe, amend, and repeal bylaws, rules,
regulations, policies, and procedures governing the manner in
which the business of the Corporation may be conducted and in
which the powers granted to the Corporation by law may be
exercised; and
(C) shall develop, in consultation with stakeholders, other
interested parties, and the appropriate congressional
committees, a publicly available policy with respect to
consultations, hearings, and other forms of engagement in
order to provide for meaningful public participation in the
Board's activities.
(2) Membership of board.--
(A) In general.--The Board shall consist of--
(i) the Chief Executive Officer of the Corporation;
(ii) the officers specified in subparagraph (B); and
(iii) four other individuals who shall be appointed by the
President, by and with the advice and consent of the Senate,
of which--
(I) one individual should be appointed from among a list of
at least 5 individuals submitted by the majority leader of
the Senate after consultation with the chairman of the
Committee on Foreign Relations of the Senate;
(II) one individual should be appointed from among a list
of at least 5 individuals submitted by the minority leader of
the Senate after consultation with the ranking member of the
Committee on Foreign Relations of the Senate;
(III) one individual should be appointed from among a list
of at least 5 individuals submitted by the Speaker of the
House of Representatives after consultation with the chairman
of the Committee on Foreign Affairs of the House of
Representatives; and
(IV) one individual should be appointed from among a list
of at least 5 individuals submitted by the minority leader of
the House of Representatives after consultation with the
ranking member of the Committee on Foreign Affairs of the
House of Representatives.
(B) Officers specified.--
(i) In general.--The officers specified in this
subparagraph are the following:
(I) The Secretary of State or a designee of the Secretary.
(II) The Administrator of the United States Agency for
International Development or a designee of the Administrator.
(III) The Secretary of the Treasury or a designee of the
Secretary.
(IV) The Secretary of Commerce or a designee of the
Secretary.
(ii) Requirements for designees.--A designee under clause
(i) shall be selected from among officers--
(I) appointed by the President, by and with the advice and
consent of the Senate;
(II) whose duties relate to the programs of the
Corporation; and
(III) who is designated by and serving at the pleasure of
the President.
(C) Requirements for nongovernment members.--A member of
the Board described in subparagraph (A)(iii)--
(i) may not be an officer or employee of the United States
Government;
(ii) shall have relevant experience, which may include
experience relating to the private sector, the environment,
labor organizations, or international development, to carry
out the purpose of the Corporation;
(iii) shall be appointed for a term of 3 years and may be
reappointed for one additional term;
(iv) shall serve until the member's successor is appointed
and confirmed;
(v) shall be compensated at a rate equivalent to that of
level IV of the Executive Schedule under section 5315 of
title 5, United States Code, when engaged in the business of
the Corporation; and
(vi) may be paid per diem in lieu of subsistence at the
applicable rate under the Federal Travel Regulation under
subtitle F of title 41, Code of Federal Regulations, from
time to time, while away from the home or usual place of
business of the member.
(3) Chairperson.--The Secretary of State, or the designee
of the Secretary under paragraph (2)(B)(i)(I), shall serve as
the Chairperson of the Board.
(4) Vice chairperson.--The Administrator of the United
States Agency for International Development, or the designee
of the Administrator under paragraph (2)(B)(i)(II), shall
serve as the Vice Chairperson of the Board.
(5) Quorum.--Five members of the Board shall constitute a
quorum for the transaction of business by the Board.
(c) Public Hearings.--The Board shall hold at least 2
public hearings each year in order to afford an opportunity
for any person to present views with respect to whether--
(1) the Corporation is carrying out its activities in
accordance with this division; and
(2) any support provided by the Corporation under title II
in any country should be suspended, expanded, or extended.
(d) Chief Executive Officer.--
(1) Appointment.--There shall be in the Corporation a Chief
Executive Officer, who shall be appointed by the President,
by and with the advice and consent of the Senate, and who
shall serve at the pleasure of the President.
(2) Authorities and duties.--The Chief Executive Officer
shall be responsible for the management of the Corporation
and shall exercise the powers and discharge the duties of the
Corporation subject to the bylaws, rules, regulations, and
procedures established by the Board.
(3) Relationship to board.--The Chief Executive Officer
shall report to and be under the direct authority of the
Board.
(4) Compensation.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, United States International
Development Finance Corporation.''.
(e) Deputy Chief Executive Officer.--There shall be in the
Corporation a Deputy Chief Executive Officer, who shall be
appointed by the President, by and with the advice and
consent of the Senate, and who shall serve at the pleasure of
the President.
(f) Chief Risk Officer.--
(1) Appointment.--Subject to the approval of the Board, the
Chief Executive Officer of the Corporation shall appoint a
Chief Risk Officer, from among individuals with experience at
a senior level in financial risk management, who--
(A) shall report directly to the Board; and
[[Page H8991]]
(B) shall be removable only by a majority vote of the
Board.
(2) Duties.--The Chief Risk Officer shall, in coordination
with the audit committee of the Board established under
section 1441, develop, implement, and manage a comprehensive
process for identifying, assessing, monitoring, and limiting
risks to the Corporation, including the overall portfolio
diversification of the Corporation.
(g) Chief Development Officer.--
(1) Appointment.--Subject to the approval of the Board, the
Chief Executive Officer, with the concurrence of the
Administrator of the United States Agency for International
Development, shall appoint a Chief Development Officer, from
among individuals with experience in development, who--
(A) shall report directly to the Board; and
(B) shall be removable only by a majority vote of the
Board.
(2) Duties.--The Chief Development Officer shall--
(A) coordinate the Corporation's development policies and
implementation efforts with the United States Agency for
International Development, the Millennium Challenge
Corporation, and other relevant United States Government
departments and agencies, including directly liaising with
missions of the United States Agency for International
Development, to ensure that departments, agencies, and
missions have training, awareness, and access to the
Corporation's tools in relation to development policy and
projects in countries;
(B) under the guidance of the Chief Executive Officer,
manage employees of the Corporation that are dedicated to
structuring, monitoring, and evaluating transactions and
projects co-designed with the United States Agency for
International Development and other relevant United States
Government departments and agencies;
(C) authorize and coordinate transfers of funds or other
resources to and from such agencies, departments, or missions
upon the concurrence of those institutions in support of the
Corporation's projects or activities;
(D) manage the responsibilities of the Corporation under
paragraphs (1) and (4) of section 1442(b) and paragraphs
(1)(A) and (3)(A) of section 1443(b);
(E) coordinate and implement the activities of the
Corporation under section 1445; and
(F) be an ex officio member of the Development Advisory
Council established under subsection (i) and participate in
or send a representative to each meeting of the Council.
(h) Officers and Employees.--
(1) In general.--Except as otherwise provided in this
section, officers, employees, and agents shall be selected
and appointed by the Corporation, and shall be vested with
such powers and duties as the Corporation may determine.
(2) Administratively determined employees.--
(A) Appointment; compensation; removal.--Of officers and
employees employed by the Corporation under paragraph (1),
not more than 50 may be appointed, compensated, or removed
without regard to title 5, United States Code.
(B) Reinstatement.--Under such regulations as the President
may prescribe, officers and employees appointed to a position
under subparagraph (A) may be entitled, upon removal from
such position (unless the removal was for cause), to
reinstatement to the position occupied at the time of
appointment or to a position of comparable grade and salary.
(C) Additional positions.--Positions authorized by
subparagraph (A) shall be in addition to those otherwise
authorized by law, including positions authorized under
section 5108 of title 5, United States Code.
(D) Rates of pay for officers and employees.--The
Corporation may set and adjust rates of basic pay for
officers and employees appointed under subparagraph (A)
without regard to the provisions of chapter 51 or subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
respectively.
(3) Liability of employees.--
(A) In general.--An individual who is a member of the Board
or an officer or employee of the Corporation has no liability
under this division with respect to any claim arising out of
or resulting from any act or omission by the individual
within the scope of the employment of the individual in
connection with any transaction by the Corporation.
(B) Rule of construction.--Subparagraph (A) shall not be
construed to limit personal liability of an individual for
criminal acts or omissions, willful or malicious misconduct,
acts or omissions for private gain, or any other acts or
omissions outside the scope of the individual's employment.
(C) Conflicts of interest.--The Corporation shall establish
and publish procedures for avoiding conflicts of interest on
the part of officers and employees of the Corporation and
members of the Development Advisory Council established under
subsection (i).
(D) Savings provision.--This paragraph shall not be
construed--
(i) to affect--
(I) any other immunities and protections that may be
available to an individual described in subparagraph (A)
under applicable law with respect to a transaction described
in that subparagraph; or
(II) any other right or remedy against the Corporation,
against the United States under applicable law, or against
any person other than an individual described in subparagraph
(A) participating in such a transaction; or
(ii) to limit or alter in any way the immunities that are
available under applicable law for Federal officers and
employees not described in this paragraph.
(i) Development Advisory Council.--
(1) In general.--There is established a Development
Advisory Council (in this subsection referred to as the
``Council'') to advise the Board on development objectives of
the Corporation.
(2) Membership.--Members of the Council shall be appointed
by the Board, on the recommendation of the Chief Executive
Officer and the Chief Development Officer, and shall be
composed of not more than 9 members broadly representative of
nongovernmental organizations, think tanks, advocacy
organizations, foundations, and other institutions engaged in
international development.
(3) Functions.--The Board shall call upon members of the
Council, either collectively or individually, to advise the
Board regarding the extent to which the Corporation is
meeting its development mandate and any suggestions for
improvements in with respect to meeting that mandate,
including opportunities in countries and project development
and implementation challenges and opportunities.
(4) Federal advisory committee act.--The Council shall not
be subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
SEC. 1414. INSPECTOR GENERAL OF THE CORPORATION.
(a) In General.--Section 8G(a)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting ``the
United States International Development Finance
Corporation,'' after ``the Smithsonian Institution,''.
(b) Oversight Independence.--Section 8G(a)(4) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (I), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(J) with respect to the United States International
Development Finance Corporation, such term means the Board of
Directors of the United States International Development
Finance Corporation;''.
SEC. 1415. INDEPENDENT ACCOUNTABILITY MECHANISM.
(a) In General.--The Board shall establish a transparent
and independent accountability mechanism.
(b) Functions.--The independent accountability mechanism
established pursuant to subsection (a) shall--
(1) annually evaluate and report to the Board and Congress
regarding compliance with environmental, social, labor, human
rights, and transparency standards, consistent with
Corporation statutory mandates;
(2) provide a forum for resolving concerns regarding the
impacts of specific Corporation-supported projects with
respect to such standards; and
(3) provide advice regarding Corporation projects,
policies, and practices.
TITLE II--AUTHORITIES
SEC. 1421. AUTHORITIES RELATING TO PROVISION OF SUPPORT.
(a) In General.--The authorities in this title shall only
be exercised to--
(1) carry out of the policy of the United States in section
1411 and the purpose of the Corporation in section 1412;
(2) mitigate risks to United States taxpayers by sharing
risks with the private sector and qualifying sovereign
entities through co-financing and structuring of tools; and
(3) ensure that support provided under this title is
additional to private sector resources by mobilizing private
capital that would otherwise not be deployed without such
support.
(b) Lending and Guaranties.--
(1) In general.--The Corporation may make loans or
guaranties upon such terms and conditions as the Corporation
may determine.
(2) Denomination.--Loans and guaranties issued under
paragraph (1) may be denominated and repayable in United
States dollars or foreign currencies. Foreign currency
denominated loans and guaranties should only be provided if
the Board determines there is a substantive policy rationale
for such loans and guaranties.
(3) Applicability of federal credit reform act of 1990.--
Loans and guaranties issued under paragraph (1) shall be
subject to the requirements of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.).
(c) Equity Investments.--
(1) In general.--The Corporation may, as a minority
investor, support projects with funds or use other mechanisms
for the purpose of purchasing, and may make and fund
commitments to purchase, invest in, make pledges in respect
of, or otherwise acquire, equity or quasi-equity securities
or shares or financial interests of any entity, including as
a limited partner or other investor in investment funds, upon
such terms and conditions as the Corporation may determine.
(2) Denomination.--Support provided under paragraph (1) may
be denominated and repayable in United States dollars or
foreign currency. Foreign currency denominated support
provided by paragraph (1) should only be provided if the
Board determines there is a substantive policy rationale for
such support.
[[Page H8992]]
(3) Guidelines and criteria.--The Corporation shall develop
guidelines and criteria to require that the use of the
authority provided by paragraph (1) with respect to a project
has a clearly defined development and foreign policy purpose,
taking into account the following objectives:
(A) The support for the project would be more likely than
not to substantially reduce or overcome the effect of an
identified market failure in the country in which the project
is carried out.
(B) The project would not have proceeded or would have been
substantially delayed without the support.
(C) The support would meaningfully contribute to
transforming local conditions to promote the development of
markets.
(D) The support can be shown to be aligned with commercial
partner incentives.
(E) The support can be shown to have significant
developmental impact and will contribute to long-term
commercial sustainability.
(F) The support furthers the policy of the United States
described in section 1411.
(4) Limitations on equity investments.--
(A) Per project limit.--The aggregate amount of support
provided under this subsection with respect to any project
shall not exceed 30 percent of the aggregate amount of all
equity investment made to the project at the time that the
Corporation approves support of the project.
(B) Total limit.--Support provided pursuant to this
subsection shall be limited to not more than 35 percent of
the Corporation's aggregate exposure on the date that such
support is provided.
(5) Sales and liquidation of position.--The Corporation
shall seek to sell and liquidate any support for a project
provided under this subsection as soon as commercially
feasible, commensurate with other similar investors in the
project and taking into consideration the national security
interests of the United States.
(6) Timetable.--The Corporation shall create a project-
specific timetable for support provided under paragraph (1).
(d) Insurance and Reinsurance.--The Corporation may issue
insurance or reinsurance, upon such terms and conditions as
the Corporation may determine, to private sector entities and
qualifying sovereign entities assuring protection of their
investments in whole or in part against any or all political
risks such as currency inconvertibility and transfer
restrictions, expropriation, war, terrorism, civil
disturbance, breach of contract, or nonhonoring of financial
obligations.
(e) Promotion of and Support for Private Investment
Opportunities.--
(1) In general.--In order to carry out the purpose of the
Corporation described in section 1412(b), the Corporation may
initiate and support, through financial participation,
incentive grant, or otherwise, and on such terms and
conditions as the Corporation may determine, feasibility
studies for the planning, development, and management of, and
procurement for, potential bilateral and multilateral
development projects eligible for support under this title,
including training activities undertaken in connection with
such projects, for the purpose of promoting investment in
such projects and the identification, assessment, surveying,
and promotion of private investment opportunities, utilizing
wherever feasible and effective, the facilities of private
investors.
(2) Contributions to costs.--The Corporation shall, to the
maximum extent practicable, require any person receiving
funds under the authorities of this subsection to--
(A) share the costs of feasibility studies and other
project planning services funded under this subsection; and
(B) reimburse the Corporation those funds provided under
this section, if the person succeeds in project
implementation.
(f) Special Projects and Programs.--The Corporation may
administer and manage special projects and programs in
support of specific transactions undertaken by the
Corporation, including programs of financial and advisory
support that provide private technical, professional, or
managerial assistance in the development of human resources,
skills, technology, capital savings, or intermediate
financial and investment institutions or cooperatives, and
including the initiation of incentives, grants, or studies
for energy, women's economic empowerment, microenterprise
households, or other small business activities.
(g) Enterprise Funds.--
(1) In general.--The Corporation may, following
consultation with the Secretary of State, the Administrator
of the United States Agency for International Development,
and the heads of other relevant departments or agencies,
establish and operate enterprise funds in accordance with
this subsection.
(2) Private character of funds.--Nothing in this section
shall be construed to make an enterprise fund an agency or
establishment of the United States Government, or to make the
officers, employees, or members of the Board of Directors of
an enterprise fund officers or employees of the United States
for purposes of title 5, United States Code.
(3) Purposes for which support may be provided.--The
Corporation, subject to the approval of the Board, may
designate private, nonprofit organizations as eligible to
receive support under this title for the following purposes:
(A) To promote development of economic freedom and private
sectors, including small- and medium-sized enterprises and
joint ventures with the United States and host country
participants.
(B) To facilitate access to credit to small- and medium-
sized enterprises with sound business plans in countries
where there is limited means of accessing credit on market
terms.
(C) To promote policies and practices conducive to economic
freedom and private sector development.
(D) To attract foreign direct investment capital to further
promote private sector development and economic freedom.
(E) To complement the work of the United States Agency for
International Development and other donors to improve the
overall business-enabling environment, financing the creation
and expansion of the private business sector.
(F) To make financially sustainable investments designed to
generate measurable social benefits and build technical
capacity in addition to financial returns.
(4) Operation of funds.--
(A) Expenditures.--Funds made available to an enterprise
fund shall be expended at the minimum rate necessary to make
timely payments for projects and activities carried out under
this subsection.
(B) Administrative expenses.--Not more than 3 percent per
annum of the funds made available to an enterprise fund may
be obligated or expended for the administrative expenses of
the enterprise fund.
(5) Board of directors.--Each enterprise fund established
under this subsection should be governed by a Board of
Directors comprised of private citizens of the United States
or the host country, who--
(A) shall be appointed by the President after consultation
with the chairmen and ranking members of the appropriate
congressional committees; and
(B) have pursued careers in international business and have
demonstrated expertise in international and emerging market
investment activities.
(6) Majority member requirement.--The majority of the
members of the Board of Directors shall be United States
citizens who shall have relevant experience relating to the
purposes described in paragraph (3).
(7) Reports.--Not later than one year after the date of the
establishment of an enterprise fund under this subsection,
and annually thereafter until the enterprise fund terminates
in accordance with paragraph (10), the Board of Directors of
the enterprise fund shall--
(A) submit to the appropriate congressional committees a
report--
(i) detailing the administrative expenses of the enterprise
fund during the year preceding the submission of the report;
(ii) describing the operations, activities, engagement with
civil society and relevant local private sector entities,
development objectives and outcomes, financial condition, and
accomplishments of the enterprise fund during that year;
(iii) describing the results of any audit conducted under
paragraph (8); and
(iv) describing how audits conducted under paragraph (8)
are informing the operations and activities of the enterprise
fund; and
(B) publish, on a publicly available internet website of
the enterprise fund, each report required by subparagraph
(A).
(8) Oversight.--
(A) Inspector general performance audits.--
(i) In general.--The Inspector General of the Corporation
shall conduct periodic audits of the activities of each
enterprise fund established under this subsection.
(ii) Consideration.--In conducting an audit under clause
(i), the Inspector General shall assess whether the
activities of the enterprise fund--
(I) support the purposes described in paragraph (3);
(II) result in profitable private sector investing; and
(III) generate measurable social benefits.
(B) Recordkeeping requirements.--The Corporation shall
ensure that each enterprise fund receiving support under this
subsection--
(i) keeps separate accounts with respect to such support;
and
(ii) maintains such records as may be reasonably necessary
to facilitate effective audits under this paragraph.
(9) Return of funds to treasury.--Any funds resulting from
any liquidation, dissolution, or winding up of an enterprise
fund, in whole or in part, shall be returned to the Treasury
of the United States.
(10) Termination.--The authority of an enterprise fund to
provide support under this subsection shall terminate on the
earlier of--
(A) the date that is 10 years after the date of the first
expenditure of amounts from the enterprise fund; or
(B) the date on which the enterprise fund is liquidated.
(h) Supervision of Support.--Support provided under this
title shall be subject to section 622(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2382(c)).
(i) Small Business Development.--
(1) In general.--The Corporation shall undertake, in
cooperation with appropriate departments, agencies, and
instrumentalities of the United States as well as private
entities and others, to broaden the participation of United
States small businesses and cooperatives and other small
United States investors in the development of small private
enterprise in less developed friendly countries or areas.
[[Page H8993]]
(2) Outreach to minority-owned and women-owned
businesses.--
(A) In general.--The Corporation shall collect data on the
involvement of minority- and women-owned businesses in
projects supported by the Corporation, including--
(i) the amount of insurance and financing provided by the
Corporation to such businesses in connection with projects
supported by the Corporation; and
(ii) to the extent such information is available, the
involvement of such businesses in procurement activities
conducted or supported by the Corporation.
(B) Inclusion in annual report.--The Corporation shall
include, in its annual report submitted to Congress under
section 1443, the aggregate data collected under this
paragraph, in such form as to quantify the effectiveness of
the Corporation's outreach activities to minority- and women-
owned businesses.
SEC. 1422. TERMS AND CONDITIONS.
(a) In General.--Except as provided in subsection (b),
support provided by the Corporation under this title shall be
on such terms and conditions as the Corporation may
prescribe.
(b) Requirements.--The following requirements apply to
support provided by the Corporation under this title:
(1) The Corporation shall provide support using authorities
under this title only if it is necessary--
(A) to alleviate a credit market imperfection; or
(B) to achieve specified development or foreign policy
objectives of the United States Government by providing
support in the most efficient way to meet those objectives on
a case-by-case basis.
(2) The final maturity of a loan made or guaranteed by the
Corporation shall not exceed the lesser of--
(A) 25 years; or
(B) debt servicing capabilities of the project to be
financed by the loan (as determined by the Corporation).
(3) The Corporation shall, with respect to providing any
loan guaranty to a project, require the parties to the
project to bear the risk of loss in an amount equal to at
least 20 percent of the guaranteed support by the Corporation
in the project.
(4) The Corporation may not make or guarantee a loan unless
the Corporation determines that the borrower or lender is
responsible and that adequate provision is made for servicing
the loan on reasonable terms and protecting the financial
interest of the United States.
(5) The interest rate for direct loans and interest
supplements on guaranteed loans shall be set by reference to
a benchmark interest rate (yield) on marketable Treasury
securities or other widely recognized or appropriate
benchmarks with a similar maturity to the loans being made or
guaranteed, as determined in consultation with the Director
of the Office of Management and Budget and the Secretary of
the Treasury. The Corporation shall establish appropriate
minimum interest rates for loans, guaranties, and other
instruments as necessary.
(6) The minimum interest rate for new loans as established
by the Corporation shall be adjusted periodically to take
account of changes in the interest rate of the benchmark
financial instrument.
(7)(A) The Corporation shall set fees or premiums for
support provided under this title at levels that minimize the
cost to the Government while supporting achievement of the
objectives of support.
(B) The Corporation shall review fees for loan guaranties
periodically to ensure that the fees assessed on new loan
guaranties are at a level sufficient to cover the
Corporation's most recent estimates of its costs.
(8) Any loan guaranty provided by the Corporation shall be
conclusive evidence that--
(A) the guaranty has been properly obtained;
(B) the loan qualified for the guaranty; and
(C) but for fraud or material misrepresentation by the
holder of the guaranty, the guaranty is presumed to be valid,
legal, and enforceable.
(9) The Corporation shall prescribe explicit standards for
use in periodically assessing the credit risk of new and
existing direct loans or guaranteed loans.
(10) The Corporation may not make loans or loan guaranties
except to the extent that budget authority to cover the costs
of the loans or guaranties is provided in advance in an
appropriations Act, as required by section 504 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661c).
(11) The Corporation shall rely upon specific standards to
assess the developmental and strategic value of projects for
which it provides support and should only provide the minimum
level of support necessary in order to support such projects.
(12) Any loan or loan guaranty made by the Corporation
should be provided on a senior basis or pari passu with other
senior debt unless there is a substantive policy rationale to
provide such support otherwise.
SEC. 1423. PAYMENT OF LOSSES.
(a) Payments for Defaults on Guaranteed Loans.--
(1) In general.--If the Corporation determines that the
holder of a loan guaranteed by the Corporation suffers a loss
as a result of a default by a borrower on the loan, the
Corporation shall pay to the holder the percent of the loss,
as specified in the guaranty contract, after the holder of
the loan has made such further collection efforts and
instituted such enforcement proceedings as the Corporation
may require.
(2) Subrogation.--Upon making a payment described in
paragraph (1), the Corporation shall ensure the Corporation
will be subrogated to all the rights of the recipient of the
payment.
(3) Recovery efforts.--The Corporation shall pursue
recovery from the borrower of the amount of any payment made
under paragraph (1) with respect to the loan.
(b) Limitation on Payments.--
(1) In general.--Except as provided by paragraph (2),
compensation for insurance, reinsurance, or a guaranty issued
under this title shall not exceed the dollar value of the
tangible or intangible contributions or commitments made in
the project, plus interest, earnings, or profits actually
accrued on such contributions or commitments, to the extent
provided by such insurance, reinsurance, or guaranty.
(2) Exception.--
(A) In general.--The Corporation may provide that--
(i) appropriate adjustments in the insured dollar value be
made to reflect the replacement cost of project assets; and
(ii) compensation for a claim of loss under insurance of an
equity investment under section 1421 may be computed on the
basis of the net book value attributable to the equity
investment on the date of loss.
(3) Additional limitation.--
(A) In general.--Notwithstanding paragraph (2)(A)(ii) and
except as provided in subparagraph (B), the Corporation shall
limit the amount of direct insurance and reinsurance issued
under section 1421 with respect to a project so as to require
that the insured and its affiliates bear the risk of loss for
at least 10 percent of the amount of the Corporation's
exposure to that insured and its affiliates in the project.
(B) Exception.--The limitation under subparagraph (A) shall
not apply to direct insurance or reinsurance of loans
provided by banks or other financial institutions to
unrelated parties.
(c) Actions by Attorney General.--The Attorney General
shall take such action as may be appropriate to enforce any
right accruing to the United States as a result of the
issuance of any loan or guaranty under this title.
(d) Rule of Construction.--Nothing in this section shall be
construed to preclude any forbearance for the benefit of a
borrower that may be agreed upon by the parties to a loan
guaranteed by the Corporation if budget authority for any
resulting costs to the United States Government (as defined
in section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a)) is available.
SEC. 1424. TERMINATION.
(a) In General.--The authorities provided under this title
terminate on the date that is 7 years after the date of the
enactment of this Act.
(b) Termination of Corporation.--The Corporation shall
terminate on the date on which the portfolio of the
Corporation is liquidated.
TITLE III--ADMINISTRATIVE AND GENERAL PROVISIONS
SEC. 1431. OPERATIONS.
(a) Bilateral Agreements.--The Corporation may provide
support under title II in connection with projects in any
country the government of which has entered into an agreement
with the United States authorizing the Corporation to provide
such support in that country.
(b) Claims Settlement.--
(1) In general.--Claims arising as a result of support
provided under title II or under predecessor authority may be
settled, and disputes arising as a result thereof may be
arbitrated with the consent of the parties, on such terms and
conditions as the Corporation may determine.
(2) Settlements conclusive.--Payment made pursuant to any
settlement pursuant to paragraph (1), or as a result of an
arbitration award, shall be final and conclusive
notwithstanding any other provision of law.
(c) Presumption of Compliance.--Each contract executed by
such officer or officers as may be designated by the Board
shall be conclusively presumed to be issued in compliance
with the requirements of this division.
(d) Electronic Payments and Documents.--The Corporation
shall implement policies to accept electronic documents and
electronic payments in all of its programs.
SEC. 1432. CORPORATE POWERS.
(a) In General.--The Corporation--
(1) may adopt, alter, and use a seal, to include an
identifiable symbol of the United States;
(2) may make and perform such contracts, including no-cost
contracts (as defined by the Corporation), grants, and other
agreements notwithstanding division C of subtitle I of title
41, United States Code, with any person or government however
designated and wherever situated, as may be necessary for
carrying out the functions of the Corporation;
(3) may lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Corporation, except
that, if the real property is for the Corporation's own
occupancy, the lease, purchase, acquisition, improvement, or
use of the real property shall be entered into or conducted
in consultation with the Administrator of General Services;
(4) may accept cash gifts or donations of services or of
property (real, personal, or
[[Page H8994]]
mixed), tangible or intangible, for the purpose of carrying
out the functions of the Corporation;
(5) may use the United States mails in the same manner and
on the same conditions as the Executive departments (as
defined in section 101 of title 5, United States Code);
(6) may contract with individuals for personal services,
who shall not be considered Federal employees for any
provision of law administered by the Director of the Office
of Personnel Management;
(7) may hire or obtain passenger motor vehicles;
(8) may sue and be sued in its corporate name;
(9) may acquire, hold, or dispose of, upon such terms and
conditions as the Corporation may determine, any property,
real, personal, or mixed, tangible or intangible, or any
interest in such property, except that, in the case of real
property that is for the Corporation's own occupancy, the
acquisition, holding, or disposition of the real property
shall be conducted in consultation with the Administrator of
General Services;
(10) may lease office space for the Corporation's own use,
with the obligation of amounts for such lease limited to the
current fiscal year for which payments are due until the
expiration of the current lease under predecessor authority,
as of the day before the date of the enactment of this Act;
(11) may indemnify directors, officers, employees, and
agents of the Corporation for liabilities and expenses
incurred in connection with their activities on behalf of the
Corporation;
(12) notwithstanding any other provision of law, may
represent itself or contract for representation in any legal
or arbitral proceeding;
(13) may exercise any priority of the Government of the
United States in collecting debts from bankrupt, insolvent,
or decedents' estates;
(14) may collect, notwithstanding section 3711(g)(1) of
title 31, United States Code, or compromise any obligations
assigned to or held by the Corporation, including any legal
or equitable rights accruing to the Corporation;
(15) may make arrangements with foreign governments
(including agencies, instrumentalities, or political
subdivisions of such governments) or with multilateral
organizations or institutions for sharing liabilities;
(16) may sell direct investments of the Corporation to
private investors upon such terms and conditions as the
Corporation may determine; and
(17) shall have such other powers as may be necessary and
incident to carrying out the functions of the Corporation.
(b) Treatment of Property.--Notwithstanding any other
provision of law relating to the acquisition, handling, or
disposal of property by the United States, the Corporation
shall have the right in its discretion to complete,
recondition, reconstruct, renovate, repair, maintain,
operate, or sell any property acquired by the Corporation
pursuant to the provisions of this division, except that, in
the case of real property that is for the Corporation's own
occupancy, the completion, reconditioning, reconstruction,
renovation, repair, maintenance, operation, or sale of the
real property shall be conducted in consultation with the
Administrator of General Services.
SEC. 1433. MAXIMUM CONTINGENT LIABILITY.
The maximum contingent liability of the Corporation
outstanding at any one time shall not exceed in the aggregate
$60,000,000,000.
SEC. 1434. CORPORATE FUNDS.
(a) Corporate Capital Account.--There is established in the
Treasury of the United States a fund to be known as the
``Corporate Capital Account'' to carry out the purposes of
the Corporation.
(b) Funding.--The Corporate Capital Account shall consist
of--
(1) fees charged and collected pursuant to subsection (c);
(2) any amounts received pursuant to subsection (e);
(3) investments and returns on such investments pursuant to
subsection (g);
(4) unexpended balances transferred to the Corporation
pursuant to subsection (i);
(5) payments received in connection with settlements of all
insurance and reinsurance claims of the Corporation; and
(6) all other collections transferred to or earned by the
Corporation, excluding the cost, as defined in section 502 of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of
loans and loan guaranties.
(c) Fee Authority.--Fees may be charged and collected for
providing services in amounts to be determined by the
Corporation.
(d) Uses.--
(1) In general.--Subject to Acts making appropriations, the
Corporation is authorized to pay--
(A) the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990, of loans and loan guaranties;
(B) administrative expenses of the Corporation;
(C) for the cost of providing support authorized by
subsections (c), (e), (f), and (g) of section 1421;
(D) project-specific transaction costs.
(2) Income and revenue.--In order to carry out the purposes
of the Corporation, all collections transferred to or earned
by the Corporation, excluding the cost, as defined in section
502 of the Federal Credit Reform Act of 1990, of loans and
loan guaranties, shall be deposited into the Corporate
Capital Account and shall be available to carry out its
purpose, including without limitation--
(A) payment of all insurance and reinsurance claims of the
Corporation;
(B) repayments to the Treasury of amounts borrowed under
subsection (e); and
(C) dividend payments to the Treasury under subsection (f).
(e) Full Faith and Credit.--
(1) In general.--All support provided pursuant to
predecessor authorities or title II shall continue to
constitute obligations of the United States, and the full
faith and credit of the United States is hereby pledged for
the full payment and performance of such obligations.
(2) Authority to borrow.--The Corporation is authorized to
borrow from the Treasury such sums as may be necessary to
fulfill such obligations of the United States and any such
borrowing shall be at a rate determined by the Secretary of
the Treasury, taking into consideration the current average
market yields on outstanding marketable obligations of the
United States of comparable maturities, for a period jointly
determined by the Corporation and the Secretary, and subject
to such terms and conditions as the Secretary may require.
(f) Dividends.--The Board, in consultation with the
Director of the Office of Management and Budget, shall
annually assess a dividend payment to the Treasury if the
Corporation's insurance portfolio is more than 100 percent
reserved.
(g) Investment Authority.--
(1) In general.--The Corporation may request the Secretary
of the Treasury to invest such portion of the Corporate
Capital Account as is not, in the Corporation's judgment,
required to meet the current needs of the Corporate Capital
Account.
(2) Form of investments.--Such investments shall be made by
the Secretary of the Treasury in public debt obligations,
with maturities suitable to the needs of the Corporate
Capital Account, as determined by the Corporation, and
bearing interest at rates determined by the Secretary, taking
into consideration current market yields on outstanding
marketable obligations of the United States of comparable
maturities.
(h) Collections.--Interest earnings made pursuant to
subsection (g), earnings collected related to equity
investments, and amounts, excluding fees related to insurance
or reinsurance, collected pursuant to subsection (c), shall
not be collected for any fiscal year except to the extent
provided in advance in appropriations Acts.
(i) Transfer From Predecessor Agencies and Programs.--By
the end of the transition period described in title VI, the
unexpended balances, assets, and responsibilities of any
agency specified in the plan required by section 1462 shall
be transferred to the Corporation.
(j) Transfer of Funds.--In order to carry out this
division, funds authorized to be appropriated to carry out
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
may be transferred to the Corporation and funds authorized to
be appropriated to the Corporation may be transferred to the
Department of State and the United States Agency for
International Development.
(k) Definition.--In this section, the term ``project-
specific transaction costs''--
(1) means those costs incurred by the Corporation for
travel, legal expenses, and direct and indirect costs
incurred in claims settlements associated with the provision
of support under title II and shall not be considered
administrative expenses for the purposes of this section; and
(2) does not include information technology (as such term
is defined in section 11101 of title 40, United States Code).
SEC. 1435. COORDINATION WITH OTHER DEVELOPMENT AGENCIES.
It is the sense of Congress that the Corporation should use
relevant data of the Department of State, the Millennium
Challenge Corporation, the United States Agency for
International Development, and other departments and agencies
that have development functions to better inform the
decisions of the Corporation with respect to providing
support under title II.
TITLE IV--MONITORING, EVALUATION, AND REPORTING
SEC. 1441. ESTABLISHMENT OF RISK AND AUDIT COMMITTEES.
(a) In General.--To assist the Board to fulfill its duties
and responsibilities under section 1421(a), the Corporation
shall establish a risk committee and an audit committee.
(b) Duties and Responsibilities of Risk Committee.--Subject
to the direction of the Board, the risk committee established
under subsection (a) shall have oversight responsibility of--
(1) formulating risk management policies of the operations
of the Corporation;
(2) reviewing and providing guidance on operation of the
Corporation's global risk management framework;
(3) developing policies for enterprise risk management,
monitoring, and management of strategic, reputational,
regulatory, operational, developmental, environmental,
social, and financial risks;
(4) developing the risk profile of the Corporation,
including a risk management and compliance framework and
governance structure to support such framework; and
(5) developing policies and procedures for assessing, prior
to providing, and for any period during which the Corporation
provides, support to any foreign entities, whether such
[[Page H8995]]
entities have in place sufficient enhanced due diligence
policies and practices to prevent money laundering and
corruption to ensure the Corporation does not provide support
to persons that are--
(A) knowingly engaging in acts of corruption;
(B) knowingly providing material or financial support for
terrorism, drug trafficking, or human trafficking; or
(C) responsible for ordering or otherwise directing serious
or gross violations of human rights.
(c) Duties and Responsibilities of Audit Committee.--
Subject to the direction of the Board, the audit committee
established under subsection (a) shall have the oversight
responsibility of--
(1) the integrity of the Corporation's financial reporting
and systems of internal controls regarding finance and
accounting;
(2) the integrity of the Corporation's financial
statements;
(3) the performance of the Corporation's internal audit
function; and
(4) compliance with legal and regulatory requirements
related to the finances of the Corporation.
SEC. 1442. PERFORMANCE MEASURES, EVALUATION, AND LEARNING.
(a) In General.--The Corporation shall develop a
performance measurement system to evaluate and monitor
projects supported by the Corporation under title II and to
guide future projects of the Corporation.
(b) Considerations.--In developing the performance
measurement system required by subsection (a), the
Corporation shall--
(1) develop a successor for the development impact
measurement system of the Overseas Private Investment
Corporation (as such system was in effect on the day before
the date of the enactment of this Act);
(2) develop a mechanism for ensuring that support provided
by the Corporation under title II is in addition to private
investment;
(3) develop standards for, and a method for ensuring,
appropriate financial performance of the Corporation's
portfolio; and
(4) develop standards for, and a method for ensuring,
appropriate development performance of the Corporation's
portfolio, including--
(A) measurement of the projected and ex post development
impact of a project; and
(B) the information necessary to comply with section 1443.
(c) Public Availability of Certain Information.--The
Corporation shall make available to the public on a regular
basis information about support provided by the Corporation
under title II and performance metrics about such support on
a country-by-country basis.
(d) Consultation.--In developing the performance
measurement system required by subsection (a), the
Corporation shall consult with the Development Advisory
Council established under section 1413(i) and other
stakeholders and interested parties engaged in sustainable
economic growth and development.
SEC. 1443. ANNUAL REPORT.
(a) In General.--After the end of each fiscal year, the
Corporation shall submit to the appropriate congressional
committees a complete and detailed report of its operations
during that fiscal year, including an assessment of--
(1) the economic and social development impact, including
with respect to matters described in subsections (d), (e),
and (f) of section 1451, of projects supported by the
Corporation under title II;
(2) the extent to which the operations of the Corporation
complement or are compatible with the development assistance
programs of the United States and qualifying sovereign
entities;
(3) the Corporation's institutional linkages with other
relevant United States Government department and agencies,
including efforts to strengthen such linkages; and
(4) the compliance of projects supported by the Corporation
under title II with human rights, environmental, labor, and
social policies, or other such related policies that govern
the Corporation's support for projects, promulgated or
otherwise administered by the Corporation.
(b) Elements.--Each annual report required by subsection
(a) shall include analyses of the effects of projects
supported by the Corporation under title II, including--
(1) reviews and analyses of--
(A) the desired development outcomes for projects and
whether or not the Corporation is meeting the associated
metrics, goals, and development objectives, including, to the
extent practicable, in the years after conclusion of
projects; and
(B) the effect of the Corporation's support on access to
capital and ways in which the Corporation is addressing
identifiable market gaps or inefficiencies and what impact,
if any, such support has on access to credit for a specific
project, country, or sector;
(2) an explanation of any partnership arrangement or
cooperation with a qualifying sovereign entity in support of
each project;
(3) projections of--
(A) development outcomes, and whether or not support for
projects are meeting the associated performance measures,
both during the start-up phase and over the duration of the
support, and to the extent practicable, measures of such
development outcomes should be on a gender-disaggregated
basis, such as changes in employment, access to financial
services, enterprise development and growth, and composition
of executive boards and senior leadership of enterprises
receiving support under title II; and
(B) the value of private sector assets brought to bear
relative to the amount of support provided by the Corporation
and the value of any other public sector support; and
(4) an assessment of the extent to which lessons learned
from the monitoring and evaluation activities of the
Corporation, and from annual reports from previous years
compiled by the Corporation, have been applied to projects.
SEC. 1444. PUBLICLY AVAILABLE PROJECT INFORMATION.
The Corporation shall--
(1) maintain a user-friendly, publicly available, machine-
readable database with detailed project-level information, as
appropriate and to the extent practicable, including a
description of the support provided by the Corporation under
title II, including, to the extent feasible, the information
included in the report to Congress under section 1443 and
project-level performance metrics; and
(2) include a clear link to information about each project
supported by the Corporation under title II on the internet
website of the Department of State,
``ForeignAssistance.gov'', or a successor website or other
online publication.
SEC. 1445. ENGAGEMENT WITH INVESTORS.
(a) In General.--The Corporation, acting through the Chief
Development Officer, shall, in cooperation with the
Administrator of the United States Agency for International
Development--
(1) develop a strategic relationship with private sector
entities focused at the nexus of business opportunities and
development priorities;
(2) engage such entities and reduce business risks
primarily through direct transaction support and facilitating
investment partnerships;
(3) develop and support tools, approaches, and
intermediaries that can mobilize private finance at scale in
the developing world;
(4) pursue highly developmental projects of all sizes,
especially those that are small but designed for work in the
most underdeveloped areas, including countries with chronic
suffering as a result of extreme poverty, fragile
institutions, or a history of violence; and
(5) pursue projects consistent with the policy of the
United States described in section 1411 and the Joint
Strategic Plan and the Mission Country Development
Cooperation Strategies of the United States Agency for
International Development.
(b) Assistance.--To achieve the goals described in
subsection (a), the Corporation shall--
(1) develop risk mitigation tools;
(2) provide transaction structuring support for blended
finance models;
(3) support intermediaries linking capital supply and
demand;
(4) coordinate with other Federal agencies to support or
accelerate transactions;
(5) convene financial, donor, civil society, and public
sector partners around opportunities for private finance
within development priorities;
(6) offer strategic planning and programming assistance to
catalyze investment into priority sectors;
(7) provide transaction structuring support;
(8) deliver training and knowledge management tools for
engaging private investors;
(9) partner with private sector entities that provide
access to capital and expertise; and
(10) identify and screen new investment partners.
(c) Technical Assistance.--The Corporation shall coordinate
with the United States Agency for International Development
and other agencies and departments, as necessary, on projects
and programs supported by the Corporation that include
technical assistance.
SEC. 1446. NOTIFICATIONS TO BE PROVIDED BY THE CORPORATION.
(a) In General.--Not later than 15 days prior to the
Corporation making a financial commitment associated with the
provision of support under title II in an amount in excess of
$10,000,000, the Chief Executive Officer of the Corporation
shall submit to the appropriate congressional committees a
report in writing that contains the information required by
subsection (b).
(b) Information Required.--The information required by this
subsection includes--
(1) the amount of each such financial commitment;
(2) an identification of the recipient or beneficiary; and
(3) a description of the project, activity, or asset and
the development goal or purpose to be achieved by providing
support by the Corporation.
(c) Bilateral Agreements.--The Chief Executive Officer of
the Corporation shall notify the appropriate congressional
committees not later than 30 days after entering into a new
bilateral agreement described in section 1431(a).
TITLE V--CONDITIONS, RESTRICTIONS, AND PROHIBITIONS
SEC. 1451. LIMITATIONS AND PREFERENCES.
(a) Limitation on Support for Single Entity.--No entity
receiving support from the Corporation under title II may
receive more than an amount equal to 5 percent of the
Corporation's maximum contingent liability authorized under
section 1433.
(b) Preference for Support for Projects Sponsored by United
States Persons.--
[[Page H8996]]
(1) In general.--The Corporation should give preferential
consideration to projects sponsored by or involving private
sector entities that are United States persons.
(2) United states person defined.--In this subsection, the
term ``United States person'' means--
(A) a United States citizen; or
(B) an entity owned or controlled by an individual or
individuals described in subparagraph (A).
(c) Preference for Support in Countries in Compliance With
International Trade Obligations.--
(1) Consultations with united states trade
representative.--Not less frequently than annually, the
Corporation shall consult with the United States Trade
Representative with respect to the status of countries
eligible to receive support from the Corporation under title
II and the compliance of those countries with their
international trade obligations.
(2) Preferential consideration.--The Corporation shall give
preferential consideration to providing support under title
II for projects in countries in compliance with or making
substantial progress coming into compliance with their
international trade obligations.
(d) Worker Rights.--
(1) In general.--The Corporation shall only support
projects under title II in countries that are taking steps to
adopt and implement laws that extend internationally
recognized worker rights (as defined in section 507 of the
Trade Act of 1974 (19 U.S.C. 2467)) to workers in that
country, including any designated zone in that country.
(2) Required contract language.--The Corporation shall also
include the following language, in substantially the
following form, in all contracts which the Corporation enters
into with persons receiving support under title II: ``The
person receiving support agrees not to take actions to
prevent employees of the foreign enterprise from lawfully
exercising their right of association and their right to
organize and bargain collectively. The person further agrees
to observe applicable laws relating to a minimum age for
employment of children, acceptable conditions of work with
respect to minimum wages, hours of work, and occupational
health and safety, and not to use forced labor or the worst
forms of child labor (as defined in section 507 of the Trade
Act of 1974 (19 U.S.C. 2467)). The person is not responsible
under this paragraph for the actions of a foreign
government.''.
(e) Impact Notification.--The Board shall not vote in favor
of any project proposed to be supported by the Corporation
under title II that is likely to have significant adverse
environmental or social impacts that are sensitive, diverse,
or unprecedented, unless--
(1) at least 60 days before the date of the vote, an
environmental and social impact assessment or initial
environmental and social audit, analyzing the environmental
and social impacts of the proposed project and of
alternatives to the proposed project, including mitigation
measures, is completed;
(2) such assessment or audit has been made available to the
public of the United States, locally affected groups in the
country in which the project will be carried out, and
nongovernmental organizations in that country; and
(3) the Corporation, applying best practices with respect
to environmental and social safeguards, includes in any
contract relating to the project provisions to ensure the
mitigation of any such adverse environmental or social
impacts.
(f) Women's Economic Empowerment.--In utilizing its
authorities under title II, the Corporation shall consider
the impacts of its support on women's economic opportunities
and outcomes and shall prioritize the reduction of gender
gaps and maximize development impact by working to improve
women's economic opportunities.
(g) Preference for Provision of Support in Countries
Embracing Private Enterprise.--
(1) In general.--The Corporation should give preferential
consideration to projects for which support under title II
may be provided in countries the governments of which have
demonstrated consistent support for economic policies that
promote the development of private enterprise, both domestic
and foreign, and maintaining the conditions that enable
private enterprise to make a full contribution to the
development of such countries, including--
(A) market-based economic policies;
(B) protection of private property rights;
(C) respect for the rule of law; and
(D) systems to combat corruption and bribery.
(2) Sources of information.--The Corporation should rely on
both third-party indicators and United States Government
information, such as the Department of State's Investment
Climate Statements, the Department of Commerce's Country
Commercial Guides, or the Millennium Challenge Corporation's
Constraints Analysis, to assess whether countries meet the
conditions described in paragraph (1).
(h) Consideration of Foreign Boycott Participation.--In
providing support for projects under title II, the
Corporation shall consider, using information readily
available, whether the project is sponsored by or
substantially affiliated with any person taking or knowingly
agreeing to take actions, or having taken or knowingly agreed
to take actions within the past 3 years, which demonstrate or
otherwise evidence intent to comply with, further, or support
any boycott described in section 1773(a) of the Export
Control Reform Act of 2018 (subtitle B of title XVII of
Public Law 115-232).
(i) Ensuring Opportunities for Small Businesses in Foreign
Development.--The Corporation shall, using broad criteria,
make, to the maximum extent possible consistent with this
division, efforts--
(1) to give preferential consideration in providing support
under title II to projects sponsored by or involving small
businesses; and
(2) to ensure that the proportion of projects sponsored by
or involving United States small businesses, including women-
, minority-, and veteran-owned small businesses, is not less
than 50 percent of all projects for which the Corporation
provides support and that involve United States persons.
SEC. 1452. ADDITIONALITY AND AVOIDANCE OF MARKET DISTORTION.
(a) In General.--Before the Corporation provides support
for a project under title II, the Corporation shall ensure
that private sector entities are afforded an opportunity to
support the project.
(b) Safeguards, Policies, and Guidelines.--The Corporation
shall develop appropriate safeguards, policies, and
guidelines to ensure that support provided by the Corporation
under title II--
(1) supplements and encourages, but does not compete with,
private sector support;
(2) operates according to internationally recognized best
practices and standards with respect to ensuring the
avoidance of market distorting government subsidies and the
crowding out of private sector lending; and
(3) does not have a significant adverse impact on United
States employment.
SEC. 1453. PROHIBITION ON SUPPORT IN COUNTRIES THAT SUPPORT
TERRORISM OR VIOLATE HUMAN RIGHTS AND WITH
SANCTIONED PERSONS.
(a) In General.--The Corporation is prohibited from
providing support under title II for a government, or an
entity owned or controlled by a government, if the Secretary
of State has determined that the government--
(1) has repeatedly provided support for acts of
international terrorism for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (subtitle B of title XVII of Public Law 115-232);
(B) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in a consistent pattern of gross violations
of internationally recognized human rights for purposes of
section 116(a) or 502B(a)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other
relevant provision of law.
(b) Prohibition on Support of Sanctioned Persons.--The
Corporation is prohibited from all dealings related to any
project under title II prohibited under United States
sanctions laws or regulations, including dealings with
persons on the list of specially designated persons and
blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury, except to the
extent otherwise authorized by the Secretary of the Treasury
or the Secretary of State.
(c) Prohibition on Support of Activities Subject to
Sanctions.--The Corporation shall require any person
receiving support under title II to certify that the person,
and any entity owned or controlled by the person, is in
compliance with all United States sanctions laws and
regulations.
SEC. 1454. APPLICABILITY OF CERTAIN PROVISIONS OF LAW.
Subsections (g), (l), (m), and (n) of section 237 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2197) shall apply
with respect to the Corporation to the same extent and in the
same manner as such subsections applied with respect to the
Overseas Private Investment Corporation on the day before the
date of the enactment of this Act.
TITLE VI--TRANSITIONAL PROVISIONS
SEC. 1461. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' includes any entity,
organizational unit, program, or function.
(2) Transition period.--The term ``transition period''
means the period--
(A) beginning on the date of the enactment of this Act; and
(B) ending on the effective date of the reorganization plan
required by section 1462(e).
SEC. 1462. REORGANIZATION PLAN.
(a) Submission of Plan.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President shall transmit to
the appropriate congressional committees a reorganization
plan regarding the following:
(A) The transfer of agencies, personnel, assets, and
obligations to the Corporation pursuant to this title.
(B) Any consolidation, reorganization, or streamlining of
agencies transferred to the Corporation pursuant to this
title.
(C) Any efficiencies or cost savings achieved or additional
costs incurred as a result of the transfer of agencies,
personnel, assets, and obligations to the Corporation
pursuant to this title, including reductions in unnecessary
or duplicative operations, assets, and personnel.
[[Page H8997]]
(2) Consultation.--Not later than 15 days before the date
on which the plan is transmitted pursuant to this subsection,
the President shall consult with the appropriate
congressional committees on such plan.
(b) Plan Elements.--The plan transmitted under subsection
(a) shall contain, consistent with this division, such
elements as the President deems appropriate, including the
following:
(1) Identification of any functions of agencies transferred
to the Corporation pursuant to this title that will not be
transferred to the Corporation under the plan.
(2) Specification of the steps to be taken to organize the
Corporation, including the delegation or assignment of
functions transferred to the Corporation.
(3) Specification of the funds available to each agency
that will be transferred to the Corporation as a result of
transfers under the plan.
(4) Specification of the proposed allocations within the
Corporation of unexpended funds transferred in connection
with transfers under the plan.
(5) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and
obligations of agencies transferred under the plan.
(6) Specification of the number of authorized positions and
personnel employed before the end of the transition period
that will be transferred to the Corporation, including plans
to mitigate the impact of such transfers on the United States
Agency for International Development.
(c) Report on Coordination.--
(1) In general.--The transfer of functions authorized by
this section may occur only after the President and Chief
Executive Officer of the Overseas Private Investment
Corporation and the Administrator of the United States Agency
for International Development jointly submit to the Committee
on Foreign Affairs and Committee on Appropriations of the
House of Representatives and Committee on Foreign Relations
and Committee on Appropriations of the Senate a report in
writing that contains the information required by paragraph
(2).
(2) Information required.--The information required by this
paragraph includes a description in detail of the procedures
to be followed after the transfer of functions authorized by
this section have occurred to coordinate between the
Corporation and the United States Agency for International
Development in carrying out the functions so transferred.
(d) Modification of Plan.--The President shall consult with
the appropriate congressional committees before making any
material modification or revision to the plan before the plan
becomes effective in accordance with subsection (e).
(e) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (c), shall become effective for an agency on
the date specified in the plan (or the plan as modified
pursuant to subsection (d)), except that such date may not be
earlier than 90 days after the date the President has
transmitted the reorganization plan to the appropriate
congressional committees pursuant to subsection (a).
(2) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balances of appropriations, or other assets of an
agency on a single date.
SEC. 1463. TRANSFER OF FUNCTIONS.
(a) In General.--Effective at the end of the transition
period, there shall be transferred to the Corporation the
functions, personnel, assets, and liabilities of--
(1) the Overseas Private Investment Corporation, as in
existence on the day before the date of the enactment of this
Act; and
(2) the following elements of the United States Agency for
International Development:
(A) The Development Credit Authority.
(B) The existing Legacy Credit portfolio under the Urban
Environment Program and any other direct loan programs and
non-Development Credit Authority guaranty programs authorized
by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or other predecessor Acts, as in existence on the date
of the enactment of this Act, other than any sovereign loan
guaranties.
(b) Additional Transfer Authority.--Effective at the end of
the transition period, there is authorized to be transferred
to the Corporation, with the concurrence of the Administrator
of the United States Agency for International Development,
the functions, personnel, assets, and liabilities of the
following elements of the United States Agency for
International Development:
(1) The Office of Private Capital and Microenterprise.
(2) The enterprise funds.
(c) Sovereign Loan Guaranty Transfer.--
(1) In general.--Effective at the end of the transition
period, there is authorized to be transferred to the
Corporation or any other appropriate department or agency of
the United States Government the loan accounts and the legal
rights and responsibilities for the sovereign loan guaranty
portfolio held by the United States Agency for International
Development as in existence on the day before the date of the
enactment of this Act.
(2) Inclusion in reorganization plan.--The President shall
include in the reorganization plan submitted under section
1462 a description of the transfer authorized under paragraph
(1).
(d) Bilateral Agreements.--Any bilateral agreement of the
United States in effect on the date of the enactment of this
Act that serves as the basis for programs of the Overseas
Private Investment Corporation and the Development Credit
Authority shall be considered as satisfying the requirements
of section 1431(a).
(e) Transition.--During the transition period, the agencies
specified in subsection (a) shall--
(1) continue to administer the assets and obligations of
those agencies; and
(2) carry out such programs and activities authorized under
this division as may be determined by the President.
SEC. 1464. TERMINATION OF OVERSEAS PRIVATE INVESTMENT
CORPORATION AND OTHER SUPERCEDED AUTHORITIES.
Effective at the end of the transition period--
(1) the Overseas Private Investment Corporation is
terminated; and
(2) title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.) (other than
subsections (g), (l), (m), and (n) of section 237 of that
Act) is repealed.
SEC. 1465. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the
transfer of an agency to the Corporation under section 1463,
any official having authority over, or functions relating to,
the agency on the day before the date of the enactment of
this Act shall provide to the Corporation such assistance,
including the use of personnel and assets, as the Corporation
may request in preparing for the transfer and integration of
the agency into the Corporation.
(b) Services and Personnel.--During the transition period,
upon the request of the Corporation, the head of any
executive agency may, on a reimbursable or non-reimbursable
basis, provide services or detail personnel to assist with
the transition.
(c) Acting Officials.--
(1) In general.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this division to be appointed by and with
such advice and consent, the President may designate any
officer whose appointment was required to be made by and with
such advice and consent and who was such an officer before
the end of the transition period (and who continues in
office) or immediately before such designation, to act in
such office until the same is filled as provided in this
division. While so acting, such officers shall receive
compensation at the higher of--
(A) the rates provided by this division for the respective
offices in which they act; or
(B) the rates provided for the offices held at the time of
designation.
(2) Rule of construction.--Nothing in this division shall
be construed to require the advice and consent of the Senate
to the appointment by the President to a position in the
Corporation of any officer whose agency is transferred to the
Corporation pursuant to this title and whose duties following
such transfer are germane to those performed before such
transfer.
(d) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency to the Corporation
under section 1463--
(1) the personnel, assets, and obligations held by or
available in connection with the agency shall be transferred
to the Corporation for appropriate allocation, subject to the
approval of the Director of the Office of Management and
Budget and in accordance with section 1531(a)(2) of title 31,
United States Code; and
(2) the Corporation shall have all functions--
(A) relating to the agency that any other official could by
law exercise in relation to the agency immediately before
such transfer; and
(B) vested in the Corporation by this division or other
law.
SEC. 1466. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of an
agency shall not be affected by the enactment of this Act or
the transfer of such agency to the Corporation under section
1463, but shall continue in effect according to their terms
until amended, modified, superseded, terminated, set aside,
or revoked in accordance with law by an officer of the United
States or a court of competent jurisdiction, or by operation
of law.
(2) Completed administrative action defined.--In this
subsection, the term ``completed administrative action''
includes orders, determinations, rules, regulations,
personnel actions, permits, agreements, grants, contracts,
certificates, policies, licenses, registrations, and
privileges.
(b) Pending Proceedings.--
(1) In general.--Pending proceedings in an agency,
including notices of proposed rulemaking, and applications
for licenses, permits, certificates, grants, and financial
assistance, shall continue notwithstanding the enactment of
this Act or the transfer of the agency to the Corporation,
unless discontinued or modified under the same terms and
conditions and to the same extent that such discontinuance
could have occurred if such enactment or transfer had not
occurred.
(2) Orders.--Orders issued in proceedings described in
paragraph (1), and appeals therefrom, and payments made
pursuant to such
[[Page H8998]]
orders, shall issue in the same manner and on the same terms
as if this division had not been enacted or the agency had
not been transferred, and any such orders shall continue in
effect until amended, modified, superseded, terminated, set
aside, or revoked by an officer of the United States or a
court of competent jurisdiction, or by operation of law.
(c) Pending Civil Actions.--Pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of an agency to the Corporation, and in such civil
actions, proceedings shall be had, appeals taken, and
judgments rendered and enforced in the same manner and with
the same effect as if such enactment or transfer had not
occurred.
(d) References.--References relating to an agency that is
transferred to the Corporation under section 1463 in
statutes, Executive orders, rules, regulations, directives,
or delegations of authority that precede such transfer or the
date of the enactment of this Act shall be deemed to refer,
as appropriate, to the Corporation, to its officers,
employees, or agents, or to its corresponding organizational
units or functions. Statutory reporting requirements that
applied in relation to such an agency immediately before the
effective date of this division shall continue to apply
following such transfer if they refer to the agency by name.
(e) Employment Provisions.--
(1) Regulations.--The Corporation may, in regulations
prescribed jointly with the Director of the Office of
Personnel Management, adopt the rules, procedures, terms, and
conditions, established by statute, rule, or regulation
before the date of the enactment of this Act, relating to
employment in any agency transferred to the Corporation under
section 1463.
(2) Effect of transfer on conditions of employment.--Except
as otherwise provided in this division, or under authority
granted by this division, the transfer pursuant to this title
of personnel shall not alter the terms and conditions of
employment, including compensation, of any employee so
transferred.
(f) Statutory Reporting Requirements.--Any statutory
reporting requirement that applied to an agency transferred
to the Corporation under this title immediately before the
date of the enactment of this Act shall continue to apply
following that transfer if the statutory requirement refers
to the agency by name.
SEC. 1467. OTHER TERMINATIONS.
Except as otherwise provided in this division, whenever all
the functions vested by law in any agency have been
transferred pursuant to this title, each position and office
the incumbent of which was authorized to receive compensation
at the rates prescribed for an office or position at level
II, III, IV, or V of the Executive Schedule under subchapter
II of chapter 53 of title 5, United States Code, shall
terminate.
SEC. 1468. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Corporation, is authorized and directed
to make such additional incidental dispositions of personnel,
assets, and liabilities held, used, arising from, available,
or to be made available, in connection with the functions
transferred by this title, as the Director may determine
necessary to accomplish the purposes of this division.
SEC. 1469. REFERENCE.
With respect to any function transferred under this title
(including under a reorganization plan under section 1462)
and exercised on or after the date of the enactment of this
Act, reference in any other Federal law to any department,
commission, or agency or any officer or office the functions
of which are so transferred shall be deemed to refer to the
Corporation or official or component of the Corporation to
which that function is so transferred.
SEC. 1470. CONFORMING AMENDMENTS.
(a) Exempt Programs.--Section 255(g) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g))
is amended by striking ``Overseas Private Investment
Corporation, Noncredit Account (71-4184-0-3-151).'' and
inserting ``United States International Development Finance
Corporation.''.
(b) Executive Schedule.--Title 5, United States Code, is
amended--
(1) in section 5314, by striking ``President, Overseas
Private Investment Corporation.'';
(2) in section 5315, by striking ``Executive Vice
President, Overseas Private Investment Corporation.''; and
(3) in section 5316, by striking ``Vice Presidents,
Overseas Private Investment Corporation (3).''.
(c) Office of International Trade of the Small Business
Administration.--Section 22 of the Small Business Act (15
U.S.C. 649) is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``the President of the Overseas Private
Investment Corporation, Director'' and inserting ``the Board
of Directors of the United States International Development
Finance Corporation, the Director''; and
(2) by striking ``Overseas Private Investment Corporation''
each place it appears and inserting ``United States
International Development Finance Corporation''.
(d) United States and Foreign Commercial Service.--Section
2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721)
is amended by striking ``Overseas Private Investment
Corporation'' each place it appears and inserting ``United
States International Development Finance Corporation''.
(e) Trade Promotion Coordinating Committee.--Section
2312(d)(1)(K) of the Export Enhancement Act of 1988 (15
U.S.C. 4727(d)(1)(K)) is amended by striking ``Overseas
Private Investment Corporation'' and inserting ``United
States International Development Finance Corporation''.
(f) Interagency Trade Data Advisory Committee.--Section
5402(b) of the Omnibus Trade and Competitiveness Act of 1988
(15 U.S.C. 4902(b)) is amended by striking ``the President of
the Overseas Private Investment Corporation'' and inserting
``the Chief Executive Officer of the United States
International Development Finance Corporation''.
(g) Misuse of Names of Federal Agencies.--Section 709 of
title 18, United States Code, is amended by striking ``
`Overseas Private Investment', `Overseas Private Investment
Corporation', or `OPIC','' and inserting `` `United States
International Development Finance Corporation' or `DFC' ''.
(h) Engagement on Currency Exchange Rate and Economic
Policies.--Section 701(c)(1)(A) of the Trade Facilitation and
Trade Enforcement Act of 2015 (19 U.S.C. 4421(c)(1)(A)) is
amended by striking ``Overseas Private Investment
Corporation'' and inserting ``United States International
Development Finance Corporation''.
(i) Internships With Institute for International Public
Policy.--Section 625 of the Higher Education Act of 1965 (20
U.S.C. 1131c(a)) is amended by striking ``Overseas Private
Investment Corporation'' and inserting ``United States
International Development Finance Corporation''.
(j) Foreign Assistance Act of 1961.--The Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 116--
(A) in subsection (a), by inserting ``, and no support may
be provided under title II of the Better Utilization of
Investments Leading to Development Act of 2018,'' after
``this part'';
(B) in the first subsection (b)--
(i) by inserting ``or title II of the Better Utilization of
Investments Leading to Development Act of 2018'' after ``this
part'';
(ii) by inserting ``or the Chief Executive Officer of the
United States International Development Finance Corporation,
as applicable,'' after ``this Act'';
(iii) by inserting ``or support'' after ``the assistance'';
and
(iv) by inserting ``or support'' after ``such assistance''
each place it appears;
(C) in the second subsection (b), by inserting ``under this
part, and no support may be provided under title II of the
Better Utilization of Investments Leading to Development Act
of 2018,'' after ``provided''; and
(D) in subsection (c), by striking ``under this part, the
Administrator'' and inserting ``under this part, or support
provided under title II of the Better Utilization of
Investments Leading to Development Act of 2018, the
Administrator, or the Chief Executive Officer of the United
States International Development Finance Corporation, as
applicable,'';
(2) in section 449B(b)(2) (22 U.S.C. 2296b(b)(2)), by
striking ``Overseas Private Investment Corporation'' and
inserting ``United States International Development Finance
Corporation''; and
(3) in section 481(e)(4)(A) (22 U.S.C. 2291(e)(4)(A)), in
the matter preceding clause (i), by striking ``(including
programs under title IV of chapter 2, relating to the
Overseas Private Investment Corporation)'' and inserting
``(and any support under title II of the Better Utilization
of Investments Leading to Development Act of 2018, relating
to the United States International Development Finance
Corporation)''.
(k) Electrify Africa Act of 2015.--Sections 5 and 7 of the
Electrify Africa Act of 2015 (Public Law 114-121; 22 U.S.C.
2293 note) are amended by striking ``Overseas Private
Investment Corporation'' each place it appears and inserting
``United States International Development Finance
Corporation''.
(l) Foreign Aid Transparency and Accountability Act of
2016.--Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C.
2394c note) is amended--
(1) in subparagraph (A), by striking ``except for'' and all
that follows through ``chapter 3'' and insert ``except for
chapter 3'';
(2) in subparagraph (C), by striking ``and'' at the end;
(3) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(E) the Better Utilization of Investments Leading to
Development Act of 2018.''.
(m) Support for East European Democracy (SEED) Program.--
The Support for East European Democracy (SEED) Act of 1989
(22 U.S.C. 5401 et seq.) is amended--
(1) in section 2(c) (22 U.S.C. 5401(c)), by striking
paragraph (12) and inserting the following:
``(12) United states international development finance
corporation.--Programs of the United States International
Development Finance Corporation.''; and
(2) in section 201 (22 U.S.C. 5421), by striking subsection
(e) and inserting the following:
``(e) Grants to Enterprise Funds.--Funds appropriated to
the President pursuant to
[[Page H8999]]
subsection (b) shall be granted to the Enterprise Funds to
carry out the purposes specified in subsection (a) and for
the administrative expenses of each Enterprise Fund--
``(1) except as provided in paragraph (2), by the United
States Agency for International Development; or
``(2) if the Enterprise Funds are transferred to the United
States International Development Finance Corporation pursuant
to section 1463(b) of the Better Utilization of Investments
Leading to Development Act of 2018, by the Corporation.''.
(n) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996.--Section 202(b)(2)(B)(iv) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6062(b)(2)(B)(iv)) is amended by striking ``Overseas Private
Investment Corporation'' and inserting ``United States
International Development Finance Corporation''.
(o) International Religious Freedom Act of 1998.--Section
405(a)(10) of the International Religious Freedom Act of 1998
(22 U.S.C. 6445(a)(10)) is amended by striking ``Overseas
Private Investment Corporation'' and inserting ``United
States International Development Finance Corporation''.
(p) Trafficking Victims Protection Act of 2000.--Section
103(8)(A) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102(8)(A)) is amended in clause (viii) to read as
follows:
``(viii) any support under title II of the Better
Utilization of Investments Leading to Development Act of 2018
relating to the United States International Development
Finance Corporation; and''.
(q) Technology Deployment in Developing Countries.--Section
732(b) of the Global Environmental Protection Assistance Act
of 1989 (22 U.S.C. 7902(b)) is amended by striking ``Overseas
Private Investment Corporation'' and inserting ``United
States International Development Finance Corporation''.
(r) Expanded Nonmilitary Assistance for Ukraine.--Section
7(c)(3) of the Ukraine Freedom Support Act of 2014 (22 U.S.C.
8926(c)(3)) is amended--
(1) in the paragraph heading, by striking ``Overseas
private investment corporation'' and inserting ``United
states international development finance corporation'';
(2) in the matter preceding subparagraph (A), by striking
``Overseas Private Investment Corporation'' and inserting
``United States International Development Finance
Corporation''; and
(3) in subparagraph (B), by striking ``by eligible
investors (as defined in section 238 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2198))''.
(s) Global Food Security Act of 2016.--Section 4(7) of the
Global Food Security Act of 2016 (22 U.S.C. 9303(7)) is
amended by striking ``Overseas Private Investment
Corporation'' and inserting ``United States International
Development Finance Corporation''.
(t) Sense of Congress on European and Eurasian Energy
Security.--Section 257(c)(2)(B) of the Countering Russian
Influence in Europe and Eurasia Act of 2017 (22 U.S.C.
9546(c)(2)(B)) is amended by striking ``Overseas Private
Investment Corporation'' and inserting ``United States
International Development Finance Corporation''.
(u) Wholly Owned Government Corporation.--Section 9101(3)
of title 31, United States Code, is amended by striking
``Overseas Private Investment Corporation'' and inserting
``United States International Development Finance
Corporation''.
(v) Energy Independence and Security Act of 2007.--Title IX
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17321 et seq.) is amended--
(1) in section 914 (42 U.S.C. 17334)--
(A) in the section heading, by striking ``overseas private
investment corporation'' and inserting ``united states
international development finance corporation'';
(B) in subsection (a), in the matter preceding paragraph
(1), by striking ``Overseas Private Investment Corporation''
and inserting ``United States International Development
Finance Corporation''; and
(C) in subsection (b), in the matter preceding paragraph
(1), by striking ``Overseas Private Investment Corporation
shall include in its annual report required under section
240A of the Foreign Assistance Act of 1961 (22 U.S.C.
2200a)'' and inserting ``United States International
Development Finance Corporation shall include in its annual
report required under section 1443 of the Better Utilization
of Investments Leading to Development Act of 2018''; and
(2) in section 916(a)(2)(I) (42 U.S.C. 17336(a)(2)(I)), by
striking ``Overseas Private Investment Corporation:'' and
inserting ``United States International Development Finance
Corporation;''.
(w) Effective Date.--The amendments made by this section
shall take effect at the end of the transition period.
DIVISION G--SYRIA STUDY GROUP
SEC. 1501. SYRIA STUDY GROUP.
(a) Establishment.--There is established a working group to
be known as the ``Syria Study Group'' (in this section
referred to as the ``Group'').
(b) Purpose.--The purpose of the Group is to examine and
make recommendations on the military and diplomatic strategy
of the United States with respect to the conflict in Syria.
(c) Composition.--
(1) Membership.--The Group shall be composed of 12 members,
none of whom may be members of Congress, who shall be
appointed as follows:
(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.
[[Page H9000]]
(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).
DIVISION H--PREVENTING EMERGING THREATS
SEC. 1601. SHORT TITLE.
This division may be cited as the ``Preventing Emerging
Threats Act of 2018''.
SEC. 1602. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 210G. 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);
[[Page H9001]]
``(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
[[Page H9002]]
defined in section 40102 of title 49, United States Code);
``(B) an evaluation of current Federal and State, local,
territorial, or tribal law enforcement authorities to counter
the threat identified in subparagraph (A), and
recommendations, if any, for potential changes to existing
authorities to allow State, local, territorial, and tribal
law enforcement to assist Federal law enforcement to counter
the threat where appropriate;
``(C) an evaluation of the knowledge of, efficiency of, and
effectiveness of current procedures and resources available
to owners of critical infrastructure and domestic large hub
airports when they believe a threat from unmanned aircraft
systems is present and what additional actions, if any, the
Department of Homeland Security or the Department of
Transportation could implement under existing authorities to
assist these entities to counter the threat identified in
subparagraph (A);
``(D) an assessment of what, if any, additional authorities
are needed by each Department and law enforcement to counter
the threat identified in subparagraph (A); and
``(E) an assessment of what, if any, additional research
and development the Department needs to counter the threat
identified in subparagraph (A).
``(2) Unclassified form.--The report required under
paragraph (1) shall be submitted in unclassified form, but
may contain a classified annex.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 210F the following:
``Sec. 210G. Protection of certain facilities and assets from unmanned
aircraft.''.
SEC. 1603. PROTECTING AGAINST UNMANNED AIRCRAFT.
(a) In General.--Chapter 5 of title 14, United States Code,
is amended by inserting after section 103 the following:
``Sec. 104. 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.''.
DIVISION 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.
SEC. 1701. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.-- Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(7)
and (c)(8) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the budgetary effects of this division
shall be estimated for purposes of section 251 of such Act.
[[Page H9003]]
This division may be cited as the ``Supplemental
Appropriations for Disaster Relief Act, 2018''.
DIVISION J--MARITIME SECURITY
SEC. 1801. SHORT TITLE.
This division may be cited as the ``Maritime Security
Improvement Act of 2018''.
SEC. 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.
SEC. 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).
SEC. 1804. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN.
Section 201 of the Security and Accountability for Every
Port Act of 2006 (6 U.S.C. 941) is amended--
(1) in subsection (a), by striking ``as appropriate'' and
inserting ``triennially''; and
(2) in subsection (g)--
(A) in the heading, by striking ``Report'' and inserting
``Reports''; and
(B) by amending paragraph (2) to read as follows:
``(2) Updates.--Not later than 270 days after the date of
enactment of the Maritime Security Improvement Act of 2018
and triennially thereafter, the Secretary shall submit to the
appropriate congressional committees a report that contains
any updates to the strategic plan under subsection (a) since
the prior report.''.
SEC. 1805. CYBERSECURITY INFORMATION SHARING AND COORDINATION
IN PORTS.
(a) 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.
SEC. 1806. FACILITY INSPECTION INTERVALS.
Section 70103(c)(4)(D) of title 46, United States Code, is
amended to read as follows:
``(D) subject to the availability of appropriations,
periodically, but not less than one time per year, conduct a
risk-based, no notice facility inspection to verify the
effectiveness of each such facility security plan.''.
SEC. 1807. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN .
(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following:
``SEC. 435. 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.
[[Page H9004]]
``(4) Highlighting the work completed within the context of
other national and Department maritime security strategic
guidance and how that work fits with the Maritime Operations
Coordination Plan.''.
(b) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2136) is amended by adding after the item
relating to section 434 the following:
``435. Maritime operations coordination plan.''.
SEC. 1808. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED
FORCES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives a report on
the state of the Coast Guard's Deployable Specialized Forces
(referred to in this section as DSF).
(b) Contents.--The report shall include, at a minimum, the
following:
(1) For each of the past 3 fiscal years, and for each type
of DSF, the following:
(A) A cost analysis, including training, operating, and
travel costs.
(B) The number of personnel assigned.
(C) The total number of units.
(D) The total number of operations conducted.
(E) The number of operations requested by each of the
following:
(i) Coast Guard.
(ii) Other components or offices of the Department of
Homeland Security.
(iii) Other Federal departments or agencies.
(iv) State agencies.
(v) Local agencies.
(F) The number of operations fulfilled in support of each
entity described in clauses (i) through (v) of subparagraph
(E).
(2) An examination of alternative distributions of
deployable specialized forces, including the feasibility,
cost (including cost savings), and impact on mission
capability of such distributions, including at a minimum the
following:
(A) Combining deployable specialized forces, primarily
focused on counterdrug operations, under one centralized
command.
(B) Distributing counter-terrorism and anti-terrorism
capabilities to deployable specialized forces in each major
United States port.
(c) Definition of Deployable Specialized Forces or DSF.--In
this section, the term ``deployable specialized forces'' or
``DSF'' means the deployable specialized forces established
under section 70106 of title 46, United States Code.
SEC. 1809. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT
SECURITY AND SECURE SYSTEMS OF TRANSPORTATION.
(a) Interagency Operational Centers for Port Security.--
(1) Repeal.--Section 70107A of title 46, United States
Code, is repealed.
(2) 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].''.
SEC. 1810. DUPLICATION OF EFFORTS IN THE MARITIME DOMAIN.
(a) GAO Analysis.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct an analysis of all operations in the applicable
location of--
(A) the Air and Marine Operations of the U.S. Customs and
Border Protection; and
(B) any other agency of the Department of Homeland Security
that operates air and marine assets;
(2) in conducting the analysis under paragraph (1)--
(A) examine the extent to which the Air and Marine
Operations is synchronizing and deconflicting any duplicative
flight hours or patrols with the agencies described in
paragraph (1)(B); and
(B) include a sector-by-sector analysis of any potential
costs savings or other benefits that would be derived through
greater coordination of flight hours and patrols; and
(3) submit to the Secretary of Homeland Security and the
appropriate committees of Congress a report on the analysis,
including any recommendations.
(b) DHS Report.--Not later than 180 days after the date the
report is submitted under subsection (a)(3), the Secretary of
Homeland Security shall submit to the appropriate committees
of Congress a report on what actions the Secretary plans to
take in response to the findings of the analysis and
recommendations of the Comptroller General.
(c) Definition of Applicable Location.--In this section,
the term ``applicable location'' means any location in which
the Air and Marine Operations of the U.S. Customs and Border
Protection is based within 45 miles of a location in which
any other agency of the Department of Homeland Security also
operates air and marine assets.
SEC. 1811. MARITIME SECURITY CAPABILITIES ASSESSMENTS.
(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by
section 1807 of this Act, is further amended by adding at the
end the following:
``SEC. 436. 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.''.
SEC. 1812. CONTAINER SECURITY INITIATIVE.
Section 205(l) of the Security and Accountability for Every
Port Act of 2006 (6 U.S.C. 945) is amended--
(1) by striking paragraph (2); and
(2) in paragraph (1)--
(A) by striking ``(1) In general.--Not later than September
30, 2007,'' and inserting ``Not later than 270 days after the
date of enactment of the Maritime Security Improvement Act of
2018,''; and
(B) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively.
SEC. 1813. MARITIME BORDER SECURITY REVIEW.
(a) Definitions.--In this section:
(1) Maritime border.--The term ``maritime border'' means--
(A) the transit zone; and
(B) the borders and territorial waters of Puerto Rico and
the United States Virgin Islands.
(2) Transit zone.--The term ``transit zone'' has the
meaning given the term in section 1092(a) of the National
Defense Authorization Act for Fiscal Year 2017 (6 U.S.C.
223(a)).
(b) Maritime Border Threat Analysis.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the appropriate committees of Congress a
maritime border threat analysis that includes an
identification and description of the following:
(A) Current and potential threats posed by the individuals
and groups seeking to--
(i) enter the United States through the maritime border; or
(ii) exploit border vulnerabilities on the maritime border.
(B) Improvements needed at United States sea ports--
(i) to prevent terrorists and instruments of terror from
entering the United States; and
(ii) to reduce criminal activity, as measured by the total
flow of illegal goods and illicit drugs, related to the
maritime border.
(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.
[[Page H9005]]
(D) The need for cooperation among Federal, State,
territorial, local, and appropriate international law
enforcement entities relating to maritime border security.
(E) The geographic challenges of the maritime border.
(F) The impact of Hurricanes Harvey, Irma, Maria, and Nate
on general border security activities with respect to the
maritime border.
(3) Classified threat analysis.--
(A) In general.--To the extent possible, the Secretary of
Homeland Security shall submit the threat analysis under
subsection (a) in unclassified form.
(B) Classified.--The Secretary may submit a portion of the
threat analysis in classified form if the Secretary
determines that such form is appropriate for such portion.
SEC. 1814. MARITIME BORDER SECURITY COOPERATION.
The Secretary of the department in which the Coast Guard is
operating shall, in accordance with law--
(1) partner with other Federal, State, and local government
agencies to leverage existing technology, including existing
sensor and camera systems and other sensors, in place along
the maritime border to facilitate monitoring of high-risk
maritime borders, as determined by the Secretary; and
(2) subject to the availability of appropriations, enter
into such agreements as the Secretary considers necessary to
ensure the monitoring described in paragraph (1).
SEC. 1815. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
APPEALS PROCESS.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall transmit to the
appropriate committees of Congress a report on the following:
(1) The average completion time of an appeal under the
appeals process established under section 70105(c)(4) of
title 46, United States Code.
(2) The most common reasons for any delays at each step in
such process.
(3) Recommendations on how to resolve any such delays as
expeditiously as possible.
SEC. 1816. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Study to Identify Redundant Background Records
Checks.--Section 105 of the Security and Accountability for
Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1891)
and the item relating to that section in the table of
contents for that Act are repealed.
(b) Domestic Radiation Detection and Imaging.--Section 121
of the Security and Accountability for Every Port Act of 2006
(6 U.S.C. 921) is amended--
(1) by striking subsections (c), (d), and (e);
(2) by redesignating subsections (f), (g), (h), and (i) as
subsections (c), (d), (e), and (f), respectively; and
(3) in subsection (e)(1)(B), as redesignated, by striking
``(and updating, if any, of that strategy under subsection
(c))''.
(c) Inspection of Car Ferries Entering From Abroad.--
Section 122 of the Security and Accountability for Every Port
Act of 2006 (6 U.S.C. 922) and the item relating to that
section in the table of contents for that Act are repealed.
(d) Report on Arrival and Departure Manifest for Certain
Commercial Vessels in the United States Virgin Islands.--
Section 127 of the Security and Accountability for Every Port
Act of 2006 (120 Stat. 1900) and the item relating to that
section in the table of contents for that Act are repealed.
(e) International Cooperation and Coordination.--
(1) In general.--Section 233 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 983) is
amended to read as follows:
``SEC. 233. INSPECTION TECHNOLOGY AND TRAINING.
``(a) In General.--The Secretary, in coordination with the
Secretary of State, the Secretary of Energy, and appropriate
representatives of other Federal agencies, may provide
technical assistance, equipment, and training to facilitate
the implementation of supply chain security measures at ports
designated under the Container Security Initiative.
``(b) Acquisition and Training.--Unless otherwise
prohibited by law, the Secretary may--
``(1) lease, loan, provide, or otherwise assist in the
deployment of nonintrusive inspection and radiation detection
equipment at foreign land and sea ports under such terms and
conditions as the Secretary prescribes, including
nonreimbursable loans or the transfer of ownership of
equipment; and
``(2) provide training and technical assistance for
domestic or foreign personnel responsible for operating or
maintaining such equipment.''.
(2) Table of contents.--The table of contents in section
1(b) of the Security and Accountability for Every Port Act of
2006 (Public Law 109-347; 120 Stat. 1884) is amended by
amending the item relating to section 233 to read as follows:
``Sec. 233. Inspection technology and training.''.
(f) Pilot Program to Improve the Security of Empty
Containers.--Section 235 of the Security and Accountability
for Every Port Act of 2006 (6 U.S.C. 984) and the item
relating to that section in the table of contents for that
Act are repealed.
(g) Security Plan for Essential Air Service and Small
Community Airports.--Section 701 of the Security and
Accountability for Every Port Act of 2006 (Public Law 109-
347; 120 Stat. 1943) and the item relating to that section in
the table of contents for that Act are repealed.
(h) Aircraft Charter Customer and Lessee Prescreening
Program.--Section 708 of the Security and Accountability for
Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1947)
and the item relating to that section in the table of
contents for that Act are repealed.
DIVISION K--TRANSPORTATION SECURITY
TITLE I--TRANSPORTATION SECURITY
SEC. 1901. SHORT TITLE; REFERENCES.
(a) Short Title.--This title may be cited as the ``TSA
Modernization Act''.
(b) References to Title 49, United States Code.--Except as
otherwise expressly provided, wherever in this title an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 1902. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the TSA.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(3) ASAC.--The term ``ASAC'' means the Aviation Security
Advisory Committee established under section 44946 of title
49, United States Code.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Explosive detection canine team.--The term ``explosives
detection canine team'' means a canine and a canine handler
that are trained to detect explosives and other threats as
defined by the Secretary.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) TSA.--The term ``TSA'' means the Transportation
Security Administration.
Subtitle A--Organization and Authorizations
SEC. 1903. AUTHORIZATION OF APPROPRIATIONS.
Section 114(w) is amended to read as follows:
``(w) Authorization of Appropriations.--There are
authorized to be appropriated to the Transportation Security
Administration for salaries, operations, and maintenance of
the Administration--
``(1) $7,849,247,000 for fiscal year 2019;
``(2) $7,888,494,000 for fiscal year 2020; and
``(3) $7,917,936,000 for fiscal year 2021.''.
SEC. 1904. ADMINISTRATOR OF THE TRANSPORTATION SECURITY
ADMINISTRATION; 5-YEAR TERM.
(a) In General.--Section 114, as amended by section 1903 of
this Act, is further amended--
(1) in subsection (a), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(2) by amending subsection (b) to read as follows:
``(b) Leadership.--
``(1) Head of transportation security administration.--
``(A) Appointment.--The head of the Administration shall be
the Administrator of the Transportation Security
Administration (referred to in this section as the
`Administrator'). The Administrator shall be appointed by the
President, by and with the advice and consent of the Senate.
``(B) Qualifications.--The Administrator must--
``(i) be a citizen of the United States; and
``(ii) have experience in a field directly related to
transportation or security.
``(C) Term.--Effective with respect to any individual
appointment by the President, by and with the advice and
consent of the Senate, after the date of enactment of the TSA
Modernization Act, the term of office of an individual
appointed as the Administrator shall be 5 years. The term of
office of an individual serving as the Administrator on the
date of enactment of the TSA Modernization Act shall be 5
years beginning on the date that the Administrator began
serving.
``(2) Deputy administrator.--
``(A) Appointment.--There is established in the
Transportation Security Administration a Deputy
Administrator, who shall assist the Administrator in the
management of the Transportation Security Administration. The
Deputy Administrator shall be appointed by the President.
``(B) Vacancy.--The Deputy Administrator shall be Acting
Administrator during the absence or incapacity of the
Administrator or during a vacancy in the office of
Administrator.
``(C) Qualifications.--The Deputy Administrator must--
``(i) be a citizen of the United States; and
``(ii) have experience in a field directly related to
transportation or security.
``(3) Chief counsel.--
``(A) Appointment.--There is established in the
Transportation Security Administration a Chief Counsel, who
shall advise the Administrator and other senior officials on
all legal matters relating to the responsibilities,
functions, and management of the Transportation Security
Administration.
[[Page H9006]]
``(B) Qualifications.--The Chief Counsel must be a citizen
of the United States.''; and
(3) in subsections (c) through (n), (p), (q), and (r), by
striking ``Under Secretary'' each place it appears and
inserting ``Administrator''.
(b) Technical and Conforming Amendments.--
(1) In general.--Section 114, as amended by subsection (a)
of this section, is further amended--
(A) in subsection (g)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``Subject to the direction and control of the Secretary'' and
inserting ``Subject to the direction and control of the
Secretary of Homeland Security''; and
(II) in subparagraph (D), by inserting ``of Homeland
Security'' after ``Secretary''; and
(ii) in paragraph (3), by inserting ``of Homeland
Security'' after ``Secretary'';
(B) in subsection (j)(1)(D), by inserting ``of Homeland
Security'' after ``Secretary'';
(C) in subsection (k), by striking ``functions transferred,
on or after the date of enactment of the Aviation and
Transportation Security Act,'' and inserting ``functions
assigned'';
(D) in subsection (l)(4)(B), by striking ``Administrator
under subparagraph (A)'' and inserting ``Administrator of the
Federal Aviation Administration under subparagraph (A)'';
(E) in subsection (n), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(F) in subsection (o), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(G) in subsection (p)(4), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security'';
(H) in subsection (s)--
(i) in paragraph (3)(B), by inserting ``)'' after ``Act of
2007''; and
(ii) in paragraph (4)--
(I) in the heading, by striking ``Submissions of plans to
congress'' and inserting ``Submission of plans'';
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively;
(IV) in subparagraph (A), as redesignated--
(aa) in the heading, by striking ``Subsequent versions''
and inserting ``In general''; and
(bb) by striking ``After December 31, 2015, the'' and
inserting ``The''; and
(V) in subparagraph (B)(ii)(III)(cc), as redesignated, by
striking ``for the Department'' and inserting ``for the
Department of Homeland Security'';
(I) by redesignating subsections (u), (v), and (w) as
subsections (t), (u), and (v), respectively;
(J) in subsection (t), as redesignated--
(i) in paragraph (1)--
(I) by striking subparagraph (D); and
(II) by redesignating subparagraph (E) as subparagraph (D);
(ii) in paragraph (2), by inserting ``of Homeland
Security'' after ``Plan, the Secretary'';
(iii) in paragraph (4)(B)--
(I) by inserting ``of Homeland Security'' after ``agency
within the Department''; and
(II) by inserting ``of Homeland Security'' after
``Secretary'';
(iv) by amending paragraph (6) to read as follows:
``(6) Annual report on plan.--The Secretary of Homeland
Security shall annually submit to the appropriate
congressional committees a report containing the Plan.''; and
(v) in paragraphs (7) and (8), by inserting ``of Homeland
Security'' after ``Secretary''; and
(K) in subsection (u), as redesignated--
(i) in paragraph (1)--
(I) in subparagraph (B), by inserting ``or the
Administrator'' after ``Secretary of Homeland Security''; and
(II) in subparagraph (C)(ii), by striking ``Secretary's
designee'' and inserting ``Secretary of Defense's designee'';
(III) in subparagraphs (B), (C), (D), and (E) of paragraph
(3), by inserting ``of Homeland Security'' after
``Secretary'' each place it appears;
(ii) in paragraph (4)(A), by inserting ``of Homeland
Security'' after ``Secretary'';
(iii) in paragraph (5), by inserting ``of Homeland
Security'' after ``Secretary''; and
(iv) in paragraph (7)--
(I) in subparagraph (A), by striking ``Not later than
December 31, 2008, and annually thereafter, the Secretary''
and inserting ``The Secretary of Homeland Security''; and
(II) by striking subparagraph (D).
(2) Congressional oversight of security assurance for
public and private stakeholders.--Section 1203(b)(1)(B) of
the Implementing Recommendations of the 9/11 Commission Act
of 2007 (49 U.S.C. 114 note) is amended by striking ``, under
section 114(u)(7) of title 49, United States Code, as added
by this section, or otherwise,''.
(c) Executive Schedule.--
(1) Administrator of the tsa.--
(A) Positions at level ii.--Section 5313 of title 5, United
States Code, is amended by inserting after the item relating
to the Under Secretary of Homeland Security for Management
the following:
``Administrator of the Transportation Security
Administration.''.
(B) Bonus eligibility.--Section 101(c)(2) of the Aviation
and Transportation Security Act (5 U.S.C. 5313 note) is
amended--
(i) by striking ``Under Secretary'' and inserting
``Administrator of the Transportation Security
Administration'';
(ii) by striking ``on the Secretary's'' and inserting ``on
the Secretary of Homeland Security's''; and
(iii) by striking ``Under Secretary's'' and inserting
``Administrator's''.
(2) Deputy administrator of the tsa.--Section 5314 of title
5, United States Code, is amended by inserting after the item
relating to Deputy Administrators, Federal Emergency
Management Agency the following:
``Deputy Administrator, Transportation Security
Administration.''.
(3) Nonapplicability.--The amendment made by paragraph (2)
of this subsection shall not affect the salary of an
individual who is performing the duties of the Deputy
Administrator on the date of enactment of this Act, even if
that individual is subsequently appointed as Deputy
Administrator.
SEC. 1905. TRANSPORTATION SECURITY ADMINISTRATION
ORGANIZATION.
Section 114, as amended by sections 1903 and 1904 of this
Act, is further amended by adding at the end the following:
``(w) Leadership and Organization.--
``(1) In general.--For each of the areas described in
paragraph (2), the Administrator of the Transportation
Security Administration shall appoint at least 1 individual
who shall--
``(A) report directly to the Administrator or the
Administrator's designated direct report; and
``(B) be responsible and accountable for that area.
``(2) Areas described.--The areas described in this
paragraph are as follows:
``(A) Aviation security operations and training, including
risk-based, adaptive security--
``(i) focused on airport checkpoint and baggage screening
operations;
``(ii) workforce training and development programs; and
``(iii) ensuring compliance with aviation security law,
including regulations, and other specialized programs
designed to secure air transportation.
``(B) Surface transportation security operations and
training, including risk-based, adaptive security--
``(i) focused on accomplishing security systems
assessments;
``(ii) reviewing and prioritizing projects for appropriated
surface transportation security grants;
``(iii) operator compliance with surface transportation
security law, including regulations, and voluntary industry
standards; and
``(iv) workforce training and development programs, and
other specialized programs designed to secure surface
transportation.
``(C) Transportation industry engagement and planning,
including the development, interpretation, promotion, and
oversight of a unified effort regarding risk-based, risk-
reducing security policies and plans (including strategic
planning for future contingencies and security challenges)
between government and transportation stakeholders, including
airports, domestic and international airlines, general
aviation, air cargo, mass transit and passenger rail, freight
rail, pipeline, highway and motor carriers, and maritime.
``(D) International strategy and operations, including
agency efforts to work with international partners to secure
the global transportation network.
``(E) Trusted and registered traveler programs, including
the management and marketing of the agency's trusted traveler
initiatives, including the PreCheck Program, and coordination
with trusted traveler programs of other Department of
Homeland Security agencies and the private sector.
``(F) Technology acquisition and deployment, including the
oversight, development, testing, evaluation, acquisition,
deployment, and maintenance of security technology and other
acquisition programs.
``(G) Inspection and compliance, including the integrity,
efficiency and effectiveness of the agency's workforce,
operations, and programs through objective audits, covert
testing, inspections, criminal investigations, and regulatory
compliance.
``(H) Civil rights, liberties, and traveler engagement,
including ensuring that agency employees and the traveling
public are treated in a fair and lawful manner consistent
with Federal laws and regulations protecting privacy and
prohibiting discrimination and reprisal.
``(I) Legislative and public affairs, including
communication and engagement with internal and external
audiences in a timely, accurate, and transparent manner, and
development and implementation of strategies within the
agency to achieve congressional approval or authorization of
agency programs and policies.
``(3) Notification.--The Administrator shall submit to the
appropriate committees of Congress--
``(A) not later than 180 days after the date of enactment
of the TSA Modernization Act, a list of the names of the
individuals appointed under paragraph (1); and
``(B) an update of the list not later than 5 days after any
new individual is appointed under paragraph (1).''.
SEC. 1906. TRANSPORTATION SECURITY ADMINISTRATION EFFICIENCY.
(a) Efficiency Review.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the
[[Page H9007]]
Administrator shall complete a comprehensive, agency-wide
efficiency review of the TSA to identify and effectuate
spending reductions and administrative savings that can be
achieved by the streamlining or restructuring of TSA
divisions.
(2) Requirements.--In carrying out the review under
paragraph (1), the Administrator shall consider the
following:
(A) Eliminating unnecessarily duplicative or overlapping
programs and initiatives.
(B) Eliminating unnecessary or obsolete rules, regulations,
directives, or procedures.
(C) Reducing overall operating expenses of the TSA,
including costs associated with the number of personnel, as a
direct result of efficiencies gained through the
implementation of risk-based screening or through any other
means as determined appropriate by the Administrator in
accordance with this section.
(D) Reducing, by 20 percent, the number of positions at the
Senior Executive Service level at the TSA as calculated on
the date of enactment of this Act.
(E) Such other matters the Administrator considers
appropriate.
(b) Report to Congress.--Not later than 30 days after the
date the efficiency review under subsection (a) is complete,
the Administrator shall submit to the appropriate committees
of Congress a report on the findings, including a description
of any cost savings expected to be achieved by the
streamlining or restructuring of TSA divisions.
SEC. 1907. PERSONNEL MANAGEMENT SYSTEM REVIEW.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall convene a
working group consisting of representatives of the TSA and
representatives of the labor organization representing
security screening personnel to recommend reforms to the
TSA's personnel management system, including appeals to the
Merit Systems Protection Board and grievance procedures.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the working group convened under
subsection (a) shall submit to the Administrator and the
appropriate committees of Congress a report containing
proposed, mutually agreed-upon recommendations to reform the
TSA's personnel management system.
(c) Implementation.--To the extent authorized under law,
the Administrator may implement 1 or more of the
recommendations submitted under subsection (b).
(d) Termination.--The working group shall terminate on the
date that the report is submitted under subsection (b).
SEC. 1908. TSA LEAP PAY REFORM.
(a) Definition of Basic Pay.--Clause (ii) of section
8331(3)(E) of title 5, United States Code, is amended to read
as follows:
``(ii) received after September 11, 2001, by a Federal air
marshal or criminal investigator (as defined in section
5545a(a)(2)) of the Transportation Security Administration,
subject to all restrictions and earning limitations imposed
on criminal investigators receiving such pay under section
5545a, including the premium pay limitations under section
5547;''.
(b) Effective Date; Applicability.--
(1) In general.--Subject to paragraph (2), this section,
and the amendments made by this section, shall take effect on
the first day of the first pay period commencing on or after
the date of enactment of this section.
(2) Retroactive application.--
(A) In general.--Any availability pay received for any pay
period commencing before the date of enactment of this Act by
a Federal air marshal or criminal investigator employed by
the Transportation Security Administration shall be deemed
basic pay under section 8331(3) of title 5, United States
Code, if the Transportation Security Administration treated
such pay as retirement-creditable basic pay, but the Office
of Personnel Management, based on an interpretation of
section 8331(3) of title 5, United States Code, did not
accept such pay as retirement-creditable basic pay.
(B) Implementation.--Not later than 3 months after the date
of enactment of this Act, the Director of the Office of
Personnel Management shall commence taking such actions as
are necessary to implement the amendments made by this
section with respect to availability pay deemed to be basic
pay under subparagraph (A).
SEC. 1909. RANK AWARDS PROGRAM FOR TRANSPORTATION SECURITY
ADMINISTRATION EXECUTIVES AND SENIOR
PROFESSIONALS.
Section 114(n), as amended by section 1904 of this Act, is
further amended--
(1) by inserting ``(1) In general.--'' before ``The
personnel management system'' and indenting appropriately;
and
(2) by adding at the end the following:
``(2) Meritorious executive or distinguished executive rank
awards.--Notwithstanding section 40122(g)(2) of this title,
the applicable sections of title 5 shall apply to the
Transportation Security Administration personnel management
system, except that--
``(A) for purposes of applying such provisions to the
personnel management system--
``(i) the term `agency' means the Department of Homeland
Security;
``(ii) the term `senior executive' means a Transportation
Security Administration executive serving on a Transportation
Security Executive Service appointment;
``(iii) the term `career appointee' means a Transportation
Security Administration executive serving on a career
Transportation Security Executive Service appointment; and
``(iv) The term `senior career employee' means a
Transportation Security Administration employee covered by
the Transportation Security Administration Core Compensation
System at the L or M pay band;
``(B) receipt by a career appointee or a senior career
employee of the rank of Meritorious Executive or Meritorious
Senior Professional entitles the individual to a lump-sum
payment of an amount equal to 20 percent of annual basic pay,
which shall be in addition to the basic pay paid under the
applicable Transportation Security Administration pay system;
and
``(C) receipt by a career appointee or a senior career
employee of the rank of Distinguished Executive or
Distinguished Senior Professional entitles the individual to
a lump-sum payment of an amount equal to 35 percent of annual
basic pay, which shall be in addition to the basic pay paid
under the applicable Transportation Security Administration
pay system.
``(3) Definition of applicable sections of title 5.--In
this subsection, the term `applicable sections of title 5'
means--
``(A) subsections (b), (c) and (d) of section 4507 of title
5; and
``(B) subsections (b) and (c) of section 4507a of title
5.''.
SEC. 1910. TRANSMITTALS TO CONGRESS.
With regard to each report, legislative proposal, or other
communication of the Executive Branch related to the TSA and
required to be submitted to Congress or the appropriate
committees of Congress, the Administrator shall transmit such
communication directly to the appropriate committees of
Congress.
Subtitle B--Security Technology
SEC. 1911. THIRD PARTY TESTING AND VERIFICATION OF SCREENING
TECHNOLOGY.
(a) In General.--In carrying out the responsibilities under
section 114(f)(9), the Administrator shall develop and
implement, not later than 1 year after the date of enactment
of this Act, a program to enable a vendor of related security
screening technology to obtain testing and verification,
including as an alternative to the TSA's test and evaluation
process, by an appropriate third party, of such technology
before procurement or deployment.
(b) Detection Testing.--
(1) In general.--The third party testing and verification
program authorized under subsection (a) shall include
detection testing to evaluate the performance of the security
screening technology system regarding the probability of
detection, the probability of false alarm, and such other
indicators that the system is able to meet the TSA's mission
needs.
(2) Results.--The results of the third party detection
testing under paragraph (1) shall be considered final if the
results are approved by the Administration in accordance with
approval standards developed by the Administrator.
(3) Coordination with final testing.--To the extent
practicable, but without compromising the integrity of the
TSA test and evaluation process, the Administrator shall
coordinate the third party detection testing under paragraph
(1) with any subsequent, final Federal Government testing.
(4) International standards.--To the extent practicable and
permissible under law and considering the national security
interests of the United States, the Administrator shall--
(A) share detection testing information and standards with
appropriate international partners; and
(B) coordinate with the appropriate international partners
to align TSA testing and evaluation with relevant
international standards to maximize the capability to detect
explosives and other threats.
(c) Operational Testing.--
(1) In general.--Subject to paragraph (2), the third party
testing and verification program authorized under subsection
(a) shall include operational testing.
(2) Limitation.--Third party operational testing under
paragraph (1) may not exceed 1 year.
(d) Alternative.--Third party testing under subsection (a)
shall replace as an alternative, at the discretion of the
Administrator, the testing at the TSA Systems Integration
Facility, including testing for--
(1) health and safety factors;
(2) operator interface;
(3) human factors;
(4) environmental factors;
(5) throughput;
(6) reliability, maintainability, and availability factors;
and
(7) interoperability.
(e) Testing and Verification Framework.--
(1) In general.--The Administrator shall--
(A) establish a framework for the third party testing and
for verifying a security technology is operationally
effective and able to meet the TSA's mission needs before it
may enter or re-enter, as applicable, the operational context
at an airport or other transportation facility;
(B) use phased implementation to allow the TSA and the
third party to establish best practices; and
(C) oversee the third party testing and evaluation
framework.
[[Page H9008]]
(2) Recommendations.--The Administrator shall request
ASAC's Security Technology Subcommittee, in consultation with
representatives of the security manufacturers industry, to
develop and submit to the Administrator recommendations for
the third party testing and verification framework.
(f) Field Testing.--The Administrator shall prioritize the
field testing and evaluation, including by third parties, of
security technology and equipment at airports and on site at
security technology manufacturers whenever possible as an
alternative to the TSA Systems Integration Facility.
(g) Appropriate Third Parties.--
(1) Citizenship requirement.--An appropriate third party
under subsection (a) shall be--
(A) if an individual, a citizen of the United States; or
(B) if an entity, owned and controlled by a citizen of the
United States.
(2) Waiver.--The Administrator may waive the requirement
under paragraph (1)(B) if the entity is a United States
subsidiary of a parent company that has implemented a foreign
ownership, control, or influence mitigation plan that has
been approved by the Defense Security Service of the
Department of Defense before applying to provide third party
testing. The Administrator may reject any application to
provide third party testing under subsection (a) submitted by
an entity that requires a waiver under this paragraph.
(3) Conflicts of interest.--The Administrator shall ensure,
to the extent possible, that an entity providing third party
testing under this section does not have a contractual,
business, or other pecuniary interest (exclusive of any such
testing) in--
(A) the security screening technology subject to such
testing; or
(B) the vendor of such technology.
(h) GAO Review.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress
a study on the third party testing program developed under
this section
(2) Review.--The study under paragraph (1) shall include a
review of the following:
(A) Any efficiencies or gains in effectiveness achieved in
TSA operations, including technology acquisition or screening
operations, as a result of such program.
(B) The degree to which the TSA conducts timely and regular
oversight of the appropriate third parties engaged in such
testing.
(C) The effect of such program on the following:
(i) The introduction of innovative detection technologies
into security screening operations.
(ii) The availability of testing for technologies developed
by small to medium sized businesses.
(D) Any vulnerabilities associated with such program,
including with respect to the following:
(i) National security.
(ii) Any conflicts of interest between the appropriate
third parties engaged in such testing and the entities
providing such technologies to be tested.
(iii) Waste, fraud, and abuse.
SEC. 1912. TRANSPORTATION SECURITY ADMINISTRATION SYSTEMS
INTEGRATION FACILITY.
(a) In General.--The Administrator shall continue to
operate the Transportation Security Administration Systems
Integration Facility (referred to in this section as the
``TSIF'') for the purposes of testing and evaluating advanced
transportation security screening technologies related to the
mission of the TSA.
(b) Requirements.--The TSIF shall--
(1) evaluate the technologies described in subsection (a)
to enhance the security of transportation systems through
screening and threat mitigation and detection;
(2) test the technologies described in subsection (a) to
support identified mission needs of the TSA and to meet
requirements for acquisitions and procurement;
(3) to the extent practicable, provide original equipment
manufacturers with test plans to minimize requirement
interpretation disputes and adhere to provided test plans;
(4) collaborate with other technical laboratories and
facilities for purposes of augmenting the capabilities of the
TSIF;
(5) deliver advanced transportation security screening
technologies that enhance the overall security of domestic
transportation systems; and
(6) to the extent practicable, provide funding and promote
efforts to enable participation by a small business concern
(as the term is described under section 3 of the Small
Business Act (15 U.S.C. 632)) that--
(A) has an advanced technology or capability; but
(B) does not have adequate resources to participate in
testing and evaluation processes.
(c) Staffing and Resource Allocation.--The Administrator
shall ensure adequate staffing and resource allocations for
the TSIF in a manner that--
(1) prevents unnecessary delays in the testing and
evaluation of advanced transportation security screening
technologies for acquisitions and procurement determinations;
(2) ensures the issuance of final paperwork certification
no later than 45 days after the date such testing and
evaluation has concluded; and
(3) ensures collaboration with technology stakeholders to
close capabilities gaps in transportation security.
(d) Deadline.--
(1) In general.--The Administrator shall notify the
appropriate committees of Congress if testing and evaluation
by the TSIF of an advanced transportation security screening
technology under this section exceeds 180 days from the
delivery date.
(2) Notification.--The notification under paragraph (1)
shall include--
(A) information relating to the delivery date;
(B) a justification for why the testing and evaluation
process has exceeded 180 days; and
(C) the estimated date for completion of such testing and
evaluation.
(3) Definition of delivery date.--In this subsection, the
term ``delivery date'' means the date that the owner of an
advanced transportation security screening technology--
(A) after installation, delivers the technology to the TSA
for testing and evaluation; and
(B) submits to the Administrator, in such form and manner
as the Administrator prescribes, a signed notification of the
delivery described in subparagraph (A).
(e) Retesting and Evaluation.--Advanced transportation
security screening technology that fails testing and
evaluation by the TSIF may be retested and evaluated at the
discretion of the Administrator.
(f) Rule of Construction.--Nothing in this section may be
construed to affect the authority or responsibility of an
officer of the Department, or an officer of any other Federal
department or agency, with respect to research, development,
testing, and evaluation of technologies, including such
authorities or responsibilities of the Undersecretary for
Science and Technology of the Department and Assistant
Secretary of the Countering Weapons of Mass Destruction
Office of the Department.
SEC. 1913. OPPORTUNITIES TO PURSUE EXPANDED NETWORKS FOR
BUSINESS.
(a) Strategy.--Subtitle B of title of title XVI of the
Homeland Security Act of 2002 (6 U.S.C. 563 et seq.) is
amended by adding at the end following:
``SEC. 1617. DIVERSIFIED SECURITY TECHNOLOGY INDUSTRY
MARKETPLACE.
``(a) In General.--Not later than 120 days after the date
of enactment of the TSA Modernization Act, the Administrator
shall develop and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Homeland Security of the House of Representatives a
strategy to promote a diverse security technology industry
marketplace upon which the Administrator can rely to acquire
advanced transportation security technologies or
capabilities, including by increased participation of small
business innovators.
``(b) Contents.--The strategy required under subsection (a)
shall include the following:
``(1) Information on how existing Administration
solicitation, testing, evaluation, piloting, acquisition, and
procurement processes impact the Administrator's ability to
acquire from the security technology industry marketplace,
including small business innovators that have not previously
provided technology to the Administration, innovative
technologies or capabilities with the potential to enhance
transportation security.
``(2) Specific actions that the Administrator will take,
including modifications to the processes described in
paragraph (1), to foster diversification within the security
technology industry marketplace.
``(3) Projected timelines for implementing the actions
described in paragraph (2).
``(4) Plans for how the Administrator could, to the extent
practicable, assist a small business innovator periodically
during such processes, including when such an innovator lacks
adequate resources to participate in such processes, to
facilitate an advanced transportation security technology or
capability being developed and acquired by the Administrator.
``(5) An assessment of the feasibility of partnering with
an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code to provide venture capital to
businesses, particularly small business innovators, for
commercialization of innovative transportation security
technologies that are expected to be ready for
commercialization in the near term and within 36 months.
``(c) Feasibility Assessment.--In conducting the
feasibility assessment under subsection (b)(5), the
Administrator shall consider the following:
``(1) Establishing an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code as a venture
capital partnership between the private sector and the
intelligence community to help businesses, particularly small
business innovators, commercialize innovative security-
related technologies.
``(2) Enhanced engagement through the Science and
Technology Directorate of the Department of Homeland
Security.
``(d) Rule of Construction.--Nothing in this section may be
construed as requiring changes to the Transportation Security
Administration standards for security technology.
``(e) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning
[[Page H9009]]
given the term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
``(2) Small business concern.--The term `small business
concern' has the meaning described under section 3 of the
Small Business Act (15 U.S.C. 632).
``(3) Small business innovator.--The term `small business
innovator' means a small business concern that has an
advanced transportation security technology or capability.''.
(b) GAO Review.--Not later than 1 year after the date the
strategy is submitted under section 1617 of the Homeland
Security Act of 2002, the Comptroller General of the United
States shall--
(1) review the extent to which the strategy--
(A) addresses the requirements of that section;
(B) has resulted in increased participation of small
business innovators in the security technology industry
marketplace; and
(C) has diversified the security technology industry
marketplace; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives the findings of the
review and any recommendations.
(c) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 1616 the
following:
``1617. Diversified security technology industry marketplace.''.
SEC. 1914. RECIPROCAL RECOGNITION OF SECURITY STANDARDS.
(a) In General.--The Administrator, in coordination with
appropriate international aviation security authorities,
shall develop a validation process for the reciprocal
recognition of security equipment technology approvals among
international security partners or recognized certification
authorities for deployment.
(b) Requirement.--The validation process shall ensure that
the certification by each participating international
security partner or recognized certification authority
complies with detection, qualification, and information
security, including cybersecurity, standards of the TSA, the
Department of Homeland Security, and the National Institute
of Standards and Technology.
SEC. 1915. TRANSPORTATION SECURITY LABORATORY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Administrator and the Undersecretary for Science and
Technology--
(1) shall conduct a review to determine whether the TSA is
the most appropriate component within the Department to
administer the Transportation Security Laboratory; and
(2) may direct the TSA to administer the Transportation
Security Laboratory if the review under paragraph (1)
identifies the TSA as the most appropriate component.
(b) Periodic Reviews.--The Secretary shall periodically
review the screening technology test and evaluation process
conducted at the Transportation Security Laboratory to
improve the coordination, collaboration, and communication
between the Transportation Security Laboratory and the TSA to
identify factors contributing to acquisition inefficiencies,
develop strategies to reduce acquisition inefficiencies,
facilitate more expeditious initiation and completion of
testing, and identify how laboratory practices can better
support acquisition decisions.
(c) Reports.--The Secretary shall report the findings of
each review under this section to the appropriate committees
of Congress.
SEC. 1916. INNOVATION TASK FORCE.
(a) In General.--The Administrator shall establish an
innovation task force--
(1) to cultivate innovations in transportation security;
(2) to develop and recommend how to prioritize and
streamline requirements for new approaches to transportation
security;
(3) to accelerate the development and introduction of new
innovative transportation security technologies and
improvements to transportation security operations; and
(4) to provide industry with access to the airport
environment during the technology development and assessment
process to demonstrate the technology and to collect data to
understand and refine technical operations and human factor
issues.
(b) Activities.--The task force shall--
(1) conduct activities to identify and develop an
innovative technology, emerging security capability, or
process designed to enhance transportation security,
including--
(A) by conducting a field demonstration of such a
technology, capability, or process in the airport
environment;
(B) by gathering performance data from such a demonstration
to inform the acquisition process; and
(C) by enabling a small business with an innovative
technology or emerging security capability, but less than
adequate resources, to participate in such a demonstration;
(2) conduct at least quarterly collaboration meetings with
industry, including air carriers, airport operators, and
other transportation security stakeholders to highlight and
discuss best practices on innovative security operations and
technology evaluation and deployment; and
(3) submit to the appropriate committees of Congress an
annual report on the effectiveness of key performance data
from task force-sponsored projects and checkpoint
enhancements.
(c) Composition.--
(1) Appointment.--The Administrator, in consultation with
the Chairperson of ASAC shall appoint the members of the task
force.
(2) Chairperson.--The task force shall be chaired by the
Administrator's designee.
(3) Representation.--The task force shall be comprised of
representatives of--
(A) the relevant offices of the TSA;
(B) if considered appropriate by the Administrator, the
Science and Technology Directorate of the Department of
Homeland Security;
(C) any other component of the Department of Homeland
Security that the Administrator considers appropriate; and
(D) such industry representatives as the Administrator
considers appropriate.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the acquisition or deployment of an
innovative technology, emerging security capability, or
process identified, developed, or recommended under this
section.
(e) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the task
force established under this section.
SEC. 1917. 5-YEAR TECHNOLOGY INVESTMENT PLAN UPDATE.
Section 1611 of the Homeland Security Act of 2002 (6 U.S.C.
563) is amended--
(1) in subsection (g)--
(A) by striking the matter preceding paragraph (1) and
inserting ``The Administrator shall, in collaboration with
relevant industry and government stakeholders, annually
submit to Congress in an appendix to the budget request and
publish in an unclassified format in the public domain--'';
(B) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(C) in paragraph (2), by striking the period and inserting
``; and''; and
(D) by adding at the end the following:
``(3) information about acquisitions completed during the
fiscal year preceding the fiscal year during which the report
is submitted.''; and
(2) by adding at the end the following:
``(h) Additional Update Requirements.--Updates and reports
under subsection (g) shall--
``(1) be prepared in consultation with--
``(A) the persons described in subsection (b); and
``(B) the Surface Transportation Security Advisory
Committee established under section 404; and
``(2) include--
``(A) information relating to technology investments by the
Transportation Security Administration and the private sector
that the Department supports with research, development,
testing, and evaluation for aviation, including air cargo,
and surface transportation security;
``(B) information about acquisitions completed during the
fiscal year preceding the fiscal year during which the report
is submitted;
``(C) information relating to equipment of the
Transportation Security Administration that is in operation
after the end of the life-cycle of the equipment specified by
the manufacturer of the equipment; and
``(D) to the extent practicable, a classified addendum to
report sensitive transportation security risks and associated
capability gaps that would be best addressed by security-
related technology described in subparagraph (A).''.
``(i) Notice of Covered Changes to Plan.--
``(1) Notice required.--The Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security of the House of
Representatives notice of any covered change to the Plan not
later than 90 days after the date that the covered change is
made.
``(2) Definition of covered change.--In this subsection,
the term `covered change' means--
``(A) an increase or decrease in the dollar amount
allocated to the procurement of a technology; or
``(B) an increase or decrease in the number of a
technology.''.
SEC. 1918. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.
(a) In General.--Title XVI of the Homeland Security Act of
2002 (6 U.S.C. 561 et seq.), as amended by section 1913 of
this Act, is further amended by adding at the end the
following:
``Subtitle C--Maintenance of Security-related Technology
``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
``(a) In General.--Not later than 180 days after the date
of enactment of the TSA Modernization Act, the Administrator
shall develop and implement a preventive maintenance
validation process for security-related technology deployed
to airports.
``(b) Maintenance by Administration Personnel at
Airports.--For maintenance to be carried out by
Administration personnel at airports, the process referred to
in subsection (a) shall include the following:
``(1) Guidance to Administration personnel at airports
specifying how to conduct and document preventive maintenance
actions.
``(2) Mechanisms for the Administrator to verify compliance
with the guidance issued pursuant to paragraph (1).
[[Page H9010]]
``(c) Maintenance by Contractors at Airports.--For
maintenance to be carried by a contractor at airports, the
process referred to in subsection (a) shall require the
following:
``(1) Provision of monthly preventative maintenance
schedules to appropriate Administration personnel at each
airport that includes information on each action to be
completed by contractor.
``(2) Notification to appropriate Administration personnel
at each airport when maintenance action is completed by a
contractor.
``(3) A process for independent validation by a third party
of contractor maintenance.
``(d) Penalties for Noncompliance.--The Administrator shall
require maintenance for any contracts entered into 60 days
after the date of enactment of the TSA Modernization Act or
later for security-related technology deployed to airports to
include penalties for noncompliance when it is determined
that either preventive or corrective maintenance has not been
completed according to contractual requirements and
manufacturers' specifications.''.
(b) Table of Contents.--The table of contents of the
Homeland Security Act of 2002, as amended by section 1913 of
this Act, is further amended by inserting after the item
relating to section 1617 the following:
``Subtitle C--Maintenance of Security-related Technology
``1621. Maintenance validation and oversight.''.
SEC. 1919. BIOMETRICS EXPANSION.
(a) In General.--The Administrator and the Commissioner of
U.S. Customs and Border Protection shall consult with each
other on the deployment of biometric technologies.
(b) Rule of Construction.--Nothing in this section shall be
construed to permit the Commissioner of U.S. Customs and
Border Protection to facilitate or expand the deployment of
biometric technologies, or otherwise collect, use, or retain
biometrics, not authorized by any provision of or amendment
made by the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458; 118 Stat. 3638) or the
Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53; 121 Stat. 266).
(c) Report Required.--Not later than 270 days after the
date of enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress, and to any Member of
Congress upon the request of that Member, a report that
includes specific assessments from the Administrator and the
Commissioner of U.S. Customs and Border Protection with
respect to the following:
(1) The operational and security impact of using biometric
technology to identify travelers.
(2) The potential effects on privacy of the expansion of
the use of biometric technology under paragraph (1),
including methods proposed or implemented to mitigate any
risks to privacy identified by the Administrator or the
Commissioner related to the active or passive collection of
biometric data.
(3) Methods to analyze and address any matching performance
errors related to race, gender, or age identified by the
Administrator with respect to the use of biometric
technology, including the deployment of facial recognition
technology;
(4) With respect to the biometric entry-exit program, the
following:
(A) Assessments of--
(i) the error rates, including the rates of false positives
and false negatives, and accuracy of biometric technologies;
(ii) the effects of biometric technologies, to ensure that
such technologies do not unduly burden categories of
travelers, such as a certain race, gender, or nationality;
(iii) the extent to which and how biometric technologies
could address instances of travelers to the United States
overstaying their visas, including--
(I) an estimate of how often biometric matches are
contained in an existing database;
(II) an estimate of the rate at which travelers using
fraudulent credentials identifications are accurately
rejected; and
(III) an assessment of what percentage of the detection of
fraudulent identifications could have been accomplished using
conventional methods;
(iv) the effects on privacy of the use of biometric
technologies, including methods to mitigate any risks to
privacy identified by the Administrator or the Commissioner
of U.S. Customs and Border Protection related to the active
or passive collection of biometric data; and
(v) the number of individuals who stay in the United States
after the expiration of their visas each year.
(B) A description of--
(i) all audits performed to assess--
(I) error rates in the use of biometric technologies; or
(II) whether the use of biometric technologies and error
rates in the use of such technologies disproportionately
affect a certain race, gender, or nationality; and
(ii) the results of the audits described in clause (i).
(C) A description of the process by which domestic
travelers are able to opt-out of scanning using biometric
technologies.
(D) A description of--
(i) what traveler data is collected through scanning using
biometric technologies, what agencies have access to such
data, and how long the agencies possess such data;
(ii) specific actions that the Department and other
relevant Federal departments and agencies take to safeguard
such data; and
(iii) a short-term goal for the prompt deletion of the data
of individual United States citizens after such data is used
to verify traveler identities.
(d) Publication of Assessments.--The Secretary, the
Administrator, and the Commissioner shall, if practicable,
publish a public version of the assessment required by
subsection (c)(2) on the Internet website of the TSA and of
the U.S. Customs and Border Protection.
SEC. 1920. PILOT PROGRAM FOR AUTOMATED EXIT LANE TECHNOLOGY.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall establish a
pilot program to implement and evaluate the use of automated
exit lane technology at small hub airports and nonhub
airports (as those terms are defined in section 40102 of
title 49, United States Code).
(b) Partnership.--The Administrator shall carry out the
pilot program in partnership with the applicable airport
directors.
(c) Cost Share.--The Federal share of the cost of the pilot
program under this section shall not exceed 85 percent of the
total cost of the program.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the pilot program under this
section $15,000,000 for each of fiscal years 2019 through
2021.
(e) GAO Report.--Not later than 2 years after the date the
pilot program is implemented, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report on the pilot program, including--
(1) the extent of airport participation in the pilot
program and how the program was implemented;
(2) the results of the pilot program and any reported
benefits, including the impact on security and any cost-
related efficiencies realized by TSA or at the participating
airports; and
(3) the feasibility of expanding the pilot program to
additional airports, including to medium and large hub
airports.
SEC. 1921. AUTHORIZATION OF APPROPRIATIONS; EXIT LANE
SECURITY.
There is authorized to be appropriated to carry out section
44903(n)(1) of title 49, United States Code, $77,000,000 for
each of fiscal years 2019 through 2021.
SEC. 1922. REAL-TIME SECURITY CHECKPOINT WAIT TIMES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall make available
to the public information on wait times at each airport
security checkpoint at which security screening operations
are conducted or overseen by the TSA.
(b) Requirements.--The information described in subsection
(a) shall be provided in real time via technology and
published--
(1) online; and
(2) in physical locations at applicable airport terminals.
(c) Considerations.--The Administrator shall only make the
information described in subsection (a) available to the
public if it can do so in a manner that does not increase
public area security risks.
(d) Definition of Wait Time.--In this section, the term
``wait time'' means the period beginning when a passenger
enters a queue for a screening checkpoint and ending when
that passenger exits the checkpoint.
SEC. 1923. GAO REPORT ON DEPLOYMENT OF SCREENING TECHNOLOGIES
ACROSS AIRPORTS.
(a) Study.--The Comptroller General of the United States
shall conduct a study whether the TSA allocates resources,
including advanced imaging and computed tomography
technologies, appropriately based on risk at Category X, I,
II, III, and IV airports at which security screening
operations are conducted or overseen by the TSA.
(b) Cost Analysis.--As a part of the study conducted under
subsection (a), the Comptroller General shall analyze the
costs allocated or incurred by the TSA at Category X, I, II,
III, and IV airports--
(1) to purchase and deploy screening equipment and other
assets, including advanced imaging and computed tomography
technologies, at Category X, I, II, III, and IV airports;
(2) to install such equipment, including any related
variant, and assets in the airport; and
(3) to maintain such equipment and assets.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
findings of the study under subsection (a).
SEC. 1924. SCREENING TECHNOLOGY REVIEW AND PERFORMANCE
OBJECTIVES.
(a) Review of Technology Acquisitions Process.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination
with relevant officials of the Department, shall conduct a
review of existing advanced transportation security screening
technology testing and evaluation, acquisitions, and
procurement practices within TSA.
(2) Contents.--Such review shall include--
(A) identifying process delays and obstructions within the
Department and the Administration regarding how such
technology is identified, tested and evaluated, acquired, and
deployed;
[[Page H9011]]
(B) assessing whether the TSA can better leverage existing
resources or processes of the Department for the purposes of
technology testing and evaluation;
(C) assessing whether the TSA can further encourage
innovation and competition among technology stakeholders,
including through increased participation of and funding for
small business concerns (as such term is described under
section 3 of the Small Business Act (15 U.S.C. 632));
(D) identifying best practices of other Department
components or United States Government entities; and
(E) a plan to address any problems or challenges identified
by such review.
(b) Briefing.--The Administrator shall provide to the
appropriate committees of Congress a briefing on the findings
of the review required under this section and a plan to
address any problems or challenges identified by such review.
(c) Acquisitions and Procurement Enhancement.--
Incorporating the results of the review in subsection (a),
the Administrator shall--
(1) engage in outreach, coordination, and collaboration
with transportation stakeholders to identify and foster
innovation of new advanced transportation security screening
technologies;
(2) streamline the overall technology development, testing,
evaluation, acquisitions, procurement, and deployment
processes of the Administration; and
(3) ensure the effectiveness and efficiency of such
processes.
(d) Assessment.--The Secretary, in consultation with the
Chief Privacy Officer of the Department, shall submit to the
appropriate committees of Congress a compliance assessment of
the TSA acquisition process relating to the health and safety
risks associated with implementation of screening
technologies.
(e) Performance Objectives.--The Administrator shall
establish performance objectives for the testing and
verification of security technology, including testing and
verification conducted by appropriate third parties under
section 1911, to ensure that progress is made, at a minimum,
toward--
(1) reducing time for each phase of testing while
maintaining security (including testing for detection
testing, operational testing, testing and verification
framework, and field testing);
(2) eliminating testing and verification delays; and
(3) increasing accountability.
(f) Tracking.--
(1) In general.--In carrying out subsection (e), the
Administrator shall establish and continually track
performance metrics for each type of security technology
submitted for testing and verification, including testing and
verification conducted by appropriate third parties under
section 1911.
(2) Measuring progress toward goals.--The Administrator
shall use the metrics established and tracked under paragraph
(1) to generate data on an ongoing basis and to measure
progress toward the achievement of the performance objectives
established under subsection (e).
(3) Report required.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report assessing the
extent to which the performance objectives established under
subsection (e), as measured by the performance metrics
established and tracked under paragraph (1) of this
subsection, have been met.
(B) Elements.--The report required by subparagraph (A)
shall include--
(i) a list of the performance metrics established under
paragraph (1), including the length of time for each phase of
testing and verification for each type of security
technology; and
(ii) a comparison of the progress achieved for testing and
verification of security technology conducted by the TSA and
the testing and verification of security technology conducted
by third parties.
(C) Proprietary information.--The report required by
subparagraph (A) shall--
(i) not include identifying information regarding an
individual or entity or equipment; and
(ii) protect proprietary information.
(g) Information Technology Security.--Not later than 90
days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of
Congress a plan to conduct recurring reviews of the
operational, technical, and management security controls for
Administration information technology systems at airports
SEC. 1925. COMPUTED TOMOGRAPHY PILOT PROGRAMS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall carry out a
pilot program to test the use of screening equipment using
computed tomography technology to screen baggage at passenger
screening checkpoints at airports.
(b) Feasibility Study.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator, in coordination
with the Under Secretary for Science and Technology of the
Department, shall submit to the appropriate committees of
Congress a feasibility study regarding expanding the use of
computed tomography technology for the screening of air cargo
transported on passenger aircraft operated by an air carrier
or foreign air carrier in air transportation, interstate air
transportation, or interstate air commerce.
(2) Considerations.--In conducting the feasibility study
under paragraph (1), the Administrator shall consider the
following:
(A) Opportunities to leverage computed tomography systems
used for screening passengers and baggage.
(B) Costs and benefits of using computed tomography
technology for screening air cargo.
(C) An analysis of emerging computed tomography systems
that may have potential to enhance the screening of air
cargo, including systems that may address aperture challenges
associated with screening certain categories of air cargo.
(D) An analysis of emerging screening technologies, in
addition to computed tomography, that may be used to enhance
the screening of air cargo.
(c) Pilot Program.--Not later than 120 days after the date
the feasibility study is submitted under subsection (b), the
Administrator shall initiate a 2-year pilot program to
achieve enhanced air cargo security screening outcomes
through the use of new or emerging screening technologies,
such as computed tomography technology, as identified through
such study.
(d) Updates.--Not later than 60 days after the date the
pilot program under subsection (c) is initiated, and
biannually thereafter for 2 years, the Administrator shall
brief the appropriate committees of Congress on the progress
of implementation of such pilot program.
(e) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given the term in section 40102 of title 49, United States
Code.
(2) Air transportation.--The term ``air transportation''
has the meaning given the term in section 40102 of title 49,
United States Code.
(3) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given the term in section 40102 of title 49,
United States Code.
(4) Interstate air commerce.--The term ``interstate air
commerce'' has the meaning given the term in section 40102 of
title 49, United States Code.
(5) Interstate air transportation.--The term ``interstate
air transportation'' has the meaning given the term in
section 40102 of title 49, United States Code.
Subtitle C--Public Area Security
SEC. 1926. DEFINITIONS.
In this subtitle:
(1) Behavioral standards.--The term ``behavioral
standards'' means standards for the evaluation of explosives
detection working canines for certain factors, including
canine temperament, work drive, suitability for training,
environmental factors used in evaluations, and canine
familiarity with natural or man-made surfaces or working
conditions relevant to the canine's expected work area.
(2) Medical standards.--The term ``medical standards''
means standards for the evaluation of explosives detection
working canines for certain factors, including canine health,
management of heredity health conditions, breeding practices,
genetics, pedigree, and long-term health tracking.
(3) Technical standards.--The term ``technical standards''
means standards for the evaluation of explosives detection
working canines for certain factors, including canine search
techniques, handler-canine communication, detection testing
conditions and logistics, and learned explosive odor
libraries.
SEC. 1927. EXPLOSIVES DETECTION CANINE CAPACITY BUILDING.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall establish a
working group to determine ways to support decentralized,
non-Federal domestic canine breeding capacity to produce high
quality explosives detection canines and modernize canine
training standards.
(b) Working Group Composition.--The working group
established under subsection (a) shall be comprised of
representatives from the following:
(1) The TSA.
(2) The Science and Technology Directorate of the
Department.
(3) National domestic canine associations with expertise in
breeding and pedigree.
(4) Universities with expertise related to explosives
detection canines and canine breeding.
(5) Domestic canine breeders and vendors.
(c) Chairpersons.--The Administrator shall approve of 2
individuals from among the representatives of the working
group specified in subsection (b) to serve as the
Chairpersons of the working group as follows:
(1) One Chairperson shall be from an entity specified in
paragraph (1) or (2) of that subsection.
(2) One Chairperson shall be from an entity specified in
paragraph (3), (4), or (5) of that subsection.
(d) Proposed Standards and Recommendations.--Not later than
180 days after the date the working group is established
under subsection (a), the working group shall submit to the
Administrator--
(1) proposed behavioral standards, medical standards, and
technical standards for domestic canine breeding and canine
training described in that subsection; and
(2) recommendations on how the TSA can engage stakeholders
to further the development of such domestic non-Federal
canine breeding capacity and training.
[[Page H9012]]
(e) Strategy.--Not later than 180 days after the date the
recommendations are submitted under subsection (d), the
Administrator shall develop and submit to the appropriate
committees of Congress a strategy for working with non-
Federal stakeholders to facilitate expanded the domestic
canine breeding capacity described in subsection (a), based
on such recommendations.
(f) Consultation.--In developing the strategy under
subsection (e), the Administrator shall consult with the
Under Secretary for Science and Technology of the Department,
the Commissioner for U.S. Customs and Border Protection, the
Director of the United States Secret Service, and the heads
of such other Federal departments or agencies as the
Administrator considers appropriate to incorporate, to the
extent practicable, mission needs across the Department for
an expanded non-Federal domestic explosives detection canine
breeding capacity that can be leveraged to help meet the
Department's operational needs.
(g) Termination.--The working group established under
subsection (a) shall terminate on the date that the strategy
is submitted under subsection (e), unless the Administrator
extends the termination date for the purposes of section
1928.
(h) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the working group established under this Act.
SEC. 1928. THIRD PARTY DOMESTIC CANINES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, to enhance the efficiency and efficacy
of transportation security by increasing the supply of canine
teams for use by the TSA and transportation stakeholders, the
Administrator shall develop and issue behavioral standards,
medical standards, and technical standards, based on the
recommendations of the working group under section 1927, that
a third party explosives detection canine must satisfy to be
certified for the screening of individuals and property,
including detection of explosive vapors among individuals and
articles of property, in public areas of an airport under
section 44901 of title 49, United States Code.
(b) Augmenting Public Area Security.--
(1) In general.--The Administrator shall develop guidance
on the coordination of development and deployment of
explosives detection canine teams for use by transportation
stakeholders to enhance public area security at
transportation hubs, including airports.
(2) Consultation.--In developing the guidance under
paragraph (1), the Administrator shall consult with--
(A) the working group established under section 1927;
(B) the officials responsible for carrying out section
1941; and
(C) such transportation stakeholders, canine providers, law
enforcement, privacy groups, and transportation security
providers as the Administrator considers relevant.
(c) Agreement.--Subject to subsections (d), (e), and (f),
not later than 270 days after the issuance of standards under
subsection (a), the Administrator shall, to the extent
possible, enter into an agreement with at least 1 third party
to test and certify the capabilities of canines in accordance
with the standards under subsection (a).
(d) Expedited Deployment.--In entering into an agreement
under subsection (c), the Administrator shall use--
(1) the other transaction authority under section 114(m) of
title 49, United States Code; or
(2) such other authority of the Administrator as the
Administrator considers appropriate to expedite the
deployment of additional canine teams.
(e) Process.--Before entering into an agreement under
subsection (c), the Administrator shall--
(1) evaluate and verify the third party's ability to
effectively evaluate the capabilities of canines;
(2) designate key elements required for appropriate
evaluation venues where third parties may conduct testing;
and
(3) periodically assess the program at evaluation centers
to ensure the proficiency of the canines beyond the initial
testing and certification by the third party.
(f) Consultation.--To determine best practices for the use
of third parties to test and certify the capabilities of
canines, the Administrator shall consult with the following
persons before entering into an agreement under subsection
(c):
(1) The Secretary of State.
(2) The Secretary of Defense.
(3) Non-profit organizations that train, certify, and
provide the services of canines for various purposes.
(4) Institutions of higher education with research programs
related to use of canines for the screening of individuals
and property, including detection of explosive vapors among
individuals and articles of property.
(g) Third Party Explosives Detection Canine Provider
List.--
(1) In general.--Not later than 90 days after the date the
Administrator enters into an agreement under subsection (c),
the Administrator shall develop and maintain a list of the
names of each third party from which the TSA procures
explosive detection canines, including for each such third
party the relevant contractual period of performance.
(2) Distribution.--The Administrator shall make the list
under paragraph (1) available to appropriate transportation
stakeholders in such form and manner as the Administrator
prescribes.
(h) Oversight.--The Administrator shall establish a process
to ensure appropriate oversight of the certification program
and compliance with the standards under subsection (a),
including periodic audits of participating third parties.
(i) Authorization.--
(1) TSA.--The Administrator shall develop and implement a
process for the TSA to procure third party explosives
detection canines certified under this section.
(2) Aviation stakeholders.--
(A) In general.--The Administrator shall authorize an
aviation stakeholder, under the oversight of and in
coordination with the Federal Security Director at an
applicable airport, to contract with, procure or purchase,
and deploy one or more third party explosives detection
canines certified under this section to augment public area
security at that airport.
(B) Applicable large hub airports.--
(i) In general.--Except as provided under subparagraph
(ii), notwithstanding any law to the contrary, and subject to
the other provisions of this paragraph, an applicable large
hub airport may provide a certified canine described in
subparagraph (A) on an in-kind basis to the TSA to be
deployed as a passenger screening canine at that airport
unless the applicable large hub airport consents to the use
of that certified canine elsewhere.
(ii) Exception.--The Administrator may, on a case-by-case
basis, deploy a certified canine described in subparagraph
(A) to a transportation facility other than the applicable
large hub airport described in clause (i) for not more than
90 days per year if the Administrator--
(I) determines that such deployment is necessary to meet
operational or security needs; and
(II) notifies the applicable large hub airport described in
clause (i).
(iii) Nondeployable canines.--Any certified canine provided
to the TSA under clause (i) that does not complete training
for deployment under that clause shall be the responsibility
of the large hub airport unless the TSA agrees to a different
outcome.
(C) Handlers.--Not later than 30 days before a canine
begins training to become a certified canine under
subparagraph (B), the airport shall notify the TSA of such
training and the Administrator shall assign a TSA canine
handler to participate in the training with that canine, as
appropriate.
(D) Limitation.--The Administrator may not reduce the
staffing allocation model for an applicable large hub airport
based on that airport's provision of a certified canine under
this paragraph.
(j) Definitions.--In this section:
(1) Applicable large hub airport.--The term ``applicable
large hub airport'' means a large hub airport (as defined in
section 40102 of title 49, United States Code) that has less
than 100 percent of the allocated passenger screening canine
teams staffed by the TSA.
(2) Aviation stakeholder.--The term ``aviation
stakeholder'' includes an airport, airport operator, and air
carrier.
SEC. 1929. TRACKING AND MONITORING OF CANINE TRAINING AND
TESTING.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall use, to the extent practicable,
a digital monitoring system for all training, testing, and
validation or certification of public and private canine
assets utilized or funded by the TSA to facilitate improved
review, data analysis, and record keeping of canine testing
performance and program administration.
SEC. 1930. VIPR TEAM STATISTICS.
(a) VIPR Team Statistics.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall notify the appropriate committees of
Congress of the number of VIPR teams available for deployment
at transportation facilities, including--
(A) the number of VIPR team operations that include
explosive detection canine teams; and
(B) the distribution of VIPR team operations deployed
across different modes of transportation.
(2) Annex.--The notification under paragraph (1) may
contain a classified annex.
(3) Definition of vipr team.--In this subsection, the term
``VIPR'' means a Visible Intermodal Prevention and Response
team authorized under section 1303 of the National Transit
Systems Security Act of 2007 (6 U.S.C. 1112).
(b) Authorization of VIPR Teams.--Section 1303(b) of the
National Transit Systems Security Act of 2007 (6 U.S.C.
1112(b)) is amended by striking ``to the extent appropriated,
including funds to develop not more than 60 VIPR teams, for
fiscal years 2016 through 2018'' and inserting ``such sums as
necessary, including funds to develop at least 30, but not
more than 60, VIPR teams, for fiscal years 2019 through
2021''.
SEC. 1931. PUBLIC AREA SECURITY WORKING GROUP.
(a) Definitions.--In this section:
(1) Public and private stakeholders.--The term ``public and
private stakeholders'' has the meaning given the term in
section 114(t)(1)(C) of title 49, United States Code.
(2) Surface transportation asset.--The term ``surface
transportation asset'' includes--
[[Page H9013]]
(A) facilities, equipment, or systems used to provide
transportation services by--
(i) a public transportation agency (as the term is defined
in section 1402 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1131));
(ii) a railroad carrier (as the term is defined in section
20102 of title 49, United States Code);
(iii) an owner or operator of--
(I) an entity offering scheduled, fixed-route
transportation services by over-the road bus (as the term is
defined in section 1501 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (6 U.S.C. 1151)); or
(II) a bus terminal; or
(B) other transportation facilities, equipment, or systems,
as determined by the Secretary.
(b) Public Area Security Working Group.--
(1) Working group.--The Administrator, in coordination with
the National Protection and Programs Directorate, shall
establish a working group to promote collaborative engagement
between the TSA and public and private stakeholders to
develop non-binding recommendations for enhancing security in
public areas of transportation facilities (including
facilities that are surface transportation assets), including
recommendations regarding the following:
(A) Information sharing and interoperable communication
capabilities among the TSA and public and private
stakeholders with respect to terrorist or other threats.
(B) Coordinated incident response procedures.
(C) The prevention of terrorist attacks and other incidents
through strategic planning, security training, exercises and
drills, law enforcement patrols, worker vetting, and
suspicious activity reporting.
(D) Infrastructure protection through effective
construction design barriers and installation of advanced
surveillance and other security technologies.
(2) Annual report.--
(A) In general.--Not later than 1 year after the date the
working group is established under paragraph (1), the
Administrator shall submit to the appropriate committee of
Congress a report, covering the 12-month period preceding the
date of the report, on--
(i) the organization of the working group;
(ii) the activities of the working group;
(iii) the participation of the TSA and public and private
stakeholders in the activities of the working group;
(iv) the findings of the working group, including any
recommendations.
(B) Publication.--The Administrator may publish a public
version of such report that describes the activities of the
working group and such related matters as would be
informative to the public, consistent with section 552(b) of
title 5, United States Code.
(3) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working
group established under subsection (a) or any subcommittee
thereof.
(c) Technical Assistance.--
(1) In general.--The Secretary shall--
(A) inform owners and operators of surface transportation
assets about the availability of technical assistance,
including vulnerability assessment tools and cybersecurity
guidelines, to help protect and enhance the resilience of
public areas of such assets; and
(B) upon request, and subject to the availability of
appropriations, provide such technical assistance to owners
and operators of surface transportation assets.
(2) Best practices.--Not later than 1 year after the date
of enactment of this Act, and periodically thereafter, the
Secretary shall publish on the Department website and widely
disseminate, as appropriate, current best practices for
protecting and enhancing the resilience of public areas of
transportation facilities (including facilities that are
surface transportation assets), including associated
frameworks or templates for implementation.
(d) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(A) review of regulations, directives, policies, and
procedures issued by the Administrator regarding the
transportation of a firearm and ammunition; and
(B) submit to the appropriate committees of Congress a
report on the findings of the review under subparagraph (A),
including, as appropriate, information on any plans to modify
any regulation, directive, policy, or procedure based on the
review.
(2) Consultation.--In preparing the report under paragraph
(1), the Administrator shall consult with--
(A) ASAC;
(B) the Surface Transportation Security Advisory Committee
under section 404 of the Homeland Security Act of 2002; and
(C) appropriate public and private stakeholders.
SEC. 1932. PUBLIC AREA BEST PRACTICES.
(a) In General.--The Administrator shall, in accordance
with law and as received or developed, periodically submit
information, on any best practices developed by the TSA or
appropriate transportation stakeholders related to protecting
the public spaces of transportation infrastructure from
emerging threats, to the following:
(1) Federal Security Directors at airports.
(2) Appropriate security directors for other modes of
transportation.
(3) Other appropriate transportation security stakeholders.
(b) Information Sharing.--The Administrator shall, in
accordance with law--
(1) in coordination with the Office of the Director of
National Intelligence and industry partners, implement
improvements to the Air Domain Intelligence and Analysis
Center to encourage increased participation from stakeholders
and enhance government and industry security information
sharing on transportation security threats, including on
cybersecurity threat awareness;
(2) expand and improve the City and Airport Threat
Assessment or similar program to public and private
stakeholders to capture, quantify, communicate, and apply
applicable intelligence to inform transportation
infrastructure mitigation measures, such as--
(A) quantifying levels of risk by airport that can be used
to determine risk-based security mitigation measures at each
location; and
(B) determining random and surge employee inspection
operations based on changing levels of risk;
(3) continue to disseminate Transportation Intelligence
Notes, tear-lines, and related intelligence products to
appropriate transportation security stakeholders on a regular
basis; and
(4) continue to conduct both regular routine and threat-
specific classified briefings between the TSA and appropriate
transportation sector stakeholders on an individual or group
basis to provide greater information sharing between public
and private sectors.
(c) Mass Notification.--The Administrator shall encourage
security stakeholders to utilize mass notification systems,
including the Integrated Public Alert Warning System of the
Federal Emergency Management Agency and social media
platforms, to disseminate information to transportation
community employees, travelers, and the general public, as
appropriate.
(d) Public Awareness Programs.--The Secretary, in
coordination with the Administrator, shall expand public
programs of the Department of Homeland Security and the TSA
that increase security threat awareness, education, and
training to include transportation network public area
employees, including airport and transportation vendors,
local hotels, cab and limousine companies, ridesharing
companies, cleaning companies, gas station attendants, cargo
operators, and general aviation members.
SEC. 1933. AIRPORT WORKER ACCESS CONTROLS COST AND
FEASIBILITY STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation
with ASAC, shall submit to the Comptroller General of the
United States and the appropriate committees of Congress a
study examining the shared cost and feasibility to airports,
airlines, and the TSA of implementing enhanced employee
inspection measures at all access points between non-secured
areas and secured areas at a statistically significant number
of Category I, II, III, IV, and X airports.
(b) Assessment.--To the extent practicable, in conducting
the study, the Administrator shall assess the cost,
operational efficiency, and security effectiveness of
requiring all employees to present for inspection at every
access point between non-secured areas and secured areas of
airports, and of deploying some or all of the following
screening measures and technologies:
(1) A secure door utilizing card and pin entry or biometric
technology.
(2) Surveillance video recording capable of storing video
data for at least 30 days.
(3) Advanced screening technologies, including at least 1
of the following:
(A) Magnetometer (walk-through or hand-held).
(B) Explosives detection canines.
(C) Explosives trace detection swabbing.
(D) Advanced imaging technology.
(E) X-ray bag screening technology.
(4) The TSA's Advanced Threat Local Allocation Strategy
(commonly known as ``ATLAS'').
(c) Contents.--To the extent practicable, the study under
subsection (a) shall include the following:
(1) Costs associated with establishing an operational
minimum number of employee entry and exit points.
(2) A comparison of estimated costs and security
effectiveness associated with implementing the security
features specified in paragraphs (1), (2), (3), and (4) of
subsection (b) based on information on the experiences from
those category I, II, III, IV, and X airports that have
already implemented or piloted enhanced employee inspection
measures at access points between non-secured areas and
secured areas of airports.
(d) GAO Review.--Not later than 90 days after the date of
receipt of the study under subsection (a), the Comptroller
General of the United States shall--
(1) review the study to assess the quality and reliability
of the study; and
(2) submit to the appropriate committees of Congress a
report on the results of the review under paragraph (1).
SEC. 1934. SECURING AIRPORT WORKER ACCESS POINTS.
(a) Cooperative Efforts to Enhance Airport Security
Awareness.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall consult with
air carriers, foreign air carriers, airport operators, and
labor unions representing
[[Page H9014]]
credentialed employees to enhance security awareness of
credentialed airport populations regarding insider threats to
aviation security and best practices related to airport
access controls.
(b) Credentialing Standards.--Not later than 180 days after
the date of enactment of this Act, the Administrator, in
consultation with air carriers, foreign air carriers, airport
operators, and labor unions representing credentialed
employees, shall assess credentialing standards, policies,
and practices, including implementation of relevant
credentialing updates required under the FAA Extension,
Safety, and Security Act of 2016 (Public Law 114-190; 130
Stat. 615), to ensure that insider threats to aviation
security are adequately addressed.
(c) SIDA Applications.--
(1) Social security numbers required.--
(A) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall revise the
application submitted by an individual applying for a
credential granting access to the Secure Identification Area
of an airport to require the social security number of such
individual in order to strengthen security vetting
effectiveness.
(B) Failure to provide number.--An applicant who does not
provide such applicant's social security number may be denied
such a credential.
(2) Screening notice.--The Administrator shall issue
requirements for an airport operator to include in each
application for access to a Security Identification Display
Area notification to the applicant that an employee holding a
credential granting access to a Security Identification
Display Area may be screened at any time while gaining access
to, working in, or leaving a Security Identification Display
Area.
(d) Secured and Sterile Areas of Airports.--The
Administrator shall consult with airport operators and
airline operators to identify advanced technologies,
including biometric identification technologies, that could
be used for securing employee access to the secured areas and
sterile areas of airports.
(e) Rap Back Vetting .--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
identify and submit to the appropriate committees of Congress
the number of credentialed aviation worker populations at
airports that are continuously vetted through the Federal
Bureau of Investigation's Rap Back Service, consistent with
section 3405(b)(2) of the FAA Extension, Safety, and Security
Act of 2016 (49 U.S.C. 44901 note).
(f) Insider Threat Education and Mitigation.--Not later
than 180 days after the date of enactment of this Act, the
Administrator shall identify means of enhancing the TSA's
ability to leverage the resources of the Department and the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) to educate
Administration personnel on insider threats to aviation
security and how the TSA can better mitigate such insider
threats.
(g) Employee Inspections.--Consistent with the FAA
Extension, Safety, and Security Act of 2016 (Public Law 114-
190; 130 Stat. 615), the Administrator shall ensure that TSA-
led, random employee physical inspection efforts of aviation
workers are targeted, strategic, and focused on providing the
greatest level of security effectiveness.
(h) Covert Testing.--
(1) In general.--Consistent with the FAA Extension, Safety,
and Security Act of 2016 (Public Law 114-190; 130 Stat. 615),
the Administrator shall continue to conduct covert testing of
TSA-led employee inspection operations at airports and
measure existing levels of security effectiveness.
(2) Requirements.--The Administrator shall provide--
(A) the results of such testing to--
(i) the airport operator for the airport that is the
subject of any such testing; and
(ii) as appropriate, to air carriers and foreign air
carriers that operate at the airport that is the subject of
such testing; and
(B) recommendations and technical assistance for air
carriers, foreign air carriers, and airport operators to
conduct their own employee inspections, as needed.
(3) Annual reporting.--The Administrator shall for each of
fiscal years 2019 through 2021, submit to the appropriate
committees of Congress a report on the frequency,
methodology, strategy, and effectiveness of employee
inspection operations at airports.
(i) Centralized Database.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation
with ASAC, shall--
(A) subject to paragraph (2), establish a national,
centralized database of the names of each individual who--
(i) has had an airport-issued badge revoked for failure to
comply with aviation security requirements; or
(ii) has had an aircraft operator-issued badge revoked for
failure to comply with aviation security requirements;
(B) determine the appropriate reporting mechanisms for air
carriers, foreign air carriers, and airport operators--
(i) to submit to the Administration data regarding an
individual described in subparagraph (A); and
(ii) to access the database; and
(C) establish a process to allow an individual whose name
is mistakenly entered into the database to correct the record
and have the individual's name expunged from the database.
(2) Limitation.--The database shall not include the name of
any individual whose badge has been revoked as a result of a
termination or cessation of employment unrelated to--
(A) a violation of a security requirement; or
(B) a determination that the individual poses a threat to
aviation security.
SEC. 1935. LAW ENFORCEMENT OFFICER REIMBURSEMENT PROGRAM.
(a) In General.--In accordance with section 44903(c)(1) of
title 49, United States Code, the Administrator shall
increase the number of awards, and the total funding amount
of each award, under the Law Enforcement Officer
Reimbursement Program--
(1) to increase the presence of law enforcement officers in
the public areas of airports, including baggage claim, ticket
counters, and nearby roads;
(2) to increase the presence of law enforcement officers at
screening checkpoints;
(3) to reduce the response times of law enforcement
officers during security incidents; and
(4) to provide visible deterrents to potential terrorists.
(b) Cooperation by Administrator.--In carrying out
subsection (a), the Administrator shall use the authority
provided to the Administrator under section 114(m) of title
49, United States Code, that is the same authority as is
provided to the Administrator of the Federal Aviation
Administration under section 106(m) of that title.
(c) Administrative Burdens.--The Administrator shall review
the regulations and compliance policies related to the Law
Enforcement Officer Reimbursement Program and, if necessary,
revise such regulations and policies to reduce any
administrative burdens on applicants or recipients of such
awards.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out section 44901(h) of title 49,
United States Code, $55,000,000 for each of fiscal years 2019
through 2021.
SEC. 1936. AIRPORT PERIMETER AND ACCESS CONTROL SECURITY.
(a) Risk Assessments of Airport Security.--
(1) In general.--The Administrator shall--
(A) not later than 180 days after the date of enactment of
this Act, update the Transportation Sector Security Risk
Assessment (referred to in this section as the ``TSSRA'');
and
(B) not later than 90 days after the date the TSSRA is
updated under subparagraph (A)--
(i) update with the most currently available intelligence
information the Comprehensive Risk Assessment of Perimeter
and Access Control Security (referred to in this section as
the ``Risk Assessment of Airport Security'');
(ii) establish a regular schedule for periodic updates to
the Risk Assessment of Airport Security; and
(iii) conduct a system-wide assessment of airport access
control points and airport perimeter security.
(2) Contents.--The security risk assessments required under
paragraph (1)(B) shall--
(A) include updates reflected in the TSSRA and Joint
Vulnerability Assessment findings;
(B) reflect changes to the risk environment relating to
airport access control points and airport perimeters;
(C) use security event data for specific analysis of
system-wide trends related to airport access control points
and airport perimeter security to better inform risk
management decisions; and
(D) consider the unique geography of and current best
practices used by airports to mitigate potential
vulnerabilities.
(3) Report.--The Administrator shall report the results of
the TSSRA and Risk Assessment of Airport Security under
paragraph (1) to--
(A) the appropriate committees of Congress;
(B) relevant Federal departments and agencies; and
(C) airport operators.
(b) Airport Security Strategy Development.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall update the
2012 National Strategy for Airport Perimeter and Access
Control Security (referred to in this section as the
``National Strategy'').
(2) Contents.--The update to the National Strategy shall
include--
(A) information from the Risk Assessment of Airport
Security; and
(B) information on--
(i) airport security-related activities;
(ii) the status of TSA efforts to address the objectives of
the National Strategy;
(iii) finalized outcome-based performance measures and
performance levels for--
(I) each activity described in clause (i); and
(II) each objective described in clause (ii); and
(iv) input from airport operators.
(3) Updates.--Not later than 90 days after the date the
update to the National Strategy is complete, the
Administrator shall establish a regular schedule for
determining if and when additional updates to the strategy
under paragraph (1) are necessary.
Subtitle D--Passenger and Cargo Security
SEC. 1937. PRECHECK PROGRAM.
(a) In General.--Section 44919 is amended to read as
follows:
[[Page H9015]]
``Sec. 44919. PreCheck Program
``(a) In General.--The Administrator of the Transportation
Security Administration shall continue to administer the
PreCheck Program in accordance with section 109(a)(3) of the
Aviation and Transportation Security Act (49 U.S.C. 114
note).
``(b) Expansion.--Not later than 180 days after the date of
enactment of the TSA Modernization Act, the Administrator
shall enter into an agreement, using other transaction
authority under section 114(m) of this title, with at least 2
private sector entities to increase the methods and
capabilities available for the public to enroll in the
PreCheck Program.
``(c) Minimum Capability Requirements.--At least 1
agreement under subsection (b) shall include the following
capabilities:
``(1) Start-to-finish secure online or mobile enrollment
capability.
``(2) Vetting of an applicant by means other than
biometrics, such as a risk assessment, if--
``(A) such means--
``(i) are evaluated and certified by the Secretary of
Homeland Security;
``(ii) meet the definition of a qualified anti-terrorism
technology under section 865 of the Homeland Security Act of
2002 (6 U.S.C. 444); and
``(iii) are determined by the Administrator to provide a
risk assessment that is as effective as a fingerprint-based
criminal history records check conducted through the Federal
Bureau of Investigation with respect to identifying
individuals who are not qualified to participate in the
PreCheck Program due to disqualifying criminal history; and
``(B) with regard to private sector risk assessments, the
Secretary has certified that reasonable procedures are in
place with regard to the accuracy, relevancy, and proper
utilization of information employed in such risk assessments.
``(d) Additional Capability Requirements.--At least 1
agreement under subsection (b) shall include the following
capabilities:
``(1) Start-to-finish secure online or mobile enrollment
capability.
``(2) Vetting of an applicant by means of biometrics if the
collection--
``(A) is comparable with the appropriate and applicable
standards developed by the National Institute of Standards
and Technology;
``(B) protects privacy and data security, including that
any personally identifiable information is collected,
retained, used, and shared in a manner consistent with
section 552a of title 5, United States Code (commonly known
as `Privacy Act of 1974'), and with agency regulations;
``(C) is evaluated and certified by the Secretary of
Homeland Security; and
``(D) is determined by the Administrator to provide a risk
assessment that is as effective as a fingerprint-based
criminal history records check conducted through the Federal
Bureau of Investigation with respect to identifying
individuals who are not qualified to participate in the
PreCheck Program due to disqualifying criminal history.
``(e) Target Enrollment.--Subject to subsections (b), (c),
and (d), the Administrator shall take actions to expand the
total number of individuals enrolled in the PreCheck Program
as follows:
``(1) 7,000,000 passengers before October 1, 2019.
``(2) 10,000,000 passengers before October 1, 2020.
``(3) 15,000,000 passengers before October 1, 2021.
``(f) Marketing of PreCheck Program.--Not later than 90
days after the date of enactment of the TSA Modernization
Act, the Administrator shall--
``(1) enter into at least 2 agreements, using other
transaction authority under section 114(m) of this title, to
market the PreCheck Program; and
``(2) implement a long-term strategy for partnering with
the private sector to encourage enrollment in such program.
``(g) Identity Verification Enhancement.--The Administrator
shall--
``(1) coordinate with the heads of appropriate components
of the Department to leverage Department-held data and
technologies to verify the identity and citizenship of
individuals enrolling in the PreCheck Program;
``(2) partner with the private sector to use biometrics and
authentication standards, such as relevant standards
developed by the National Institute of Standards and
Technology, to facilitate enrollment in the program; and
``(3) consider leveraging the existing resources and
abilities of airports to collect fingerprints for use in
background checks to expedite identity verification.
``(h) PreCheck Program Lanes Operation.--The Administrator
shall--
``(1) ensure that PreCheck Program screening lanes are open
and available during peak and high-volume travel times at
appropriate airports to individuals enrolled in the PreCheck
Program; and
``(2) make every practicable effort to provide expedited
screening at standard screening lanes during times when
PreCheck Program screening lanes are closed to individuals
enrolled in the program in order to maintain operational
efficiency.
``(i) Eligibility of Members of the Armed Forces for
Expedited Security Screening.--
``(1) In general.--Subject to paragraph (3), an individual
specified in paragraph (2) is eligible for expedited security
screening under the PreCheck Program.
``(2) Individuals specified.--An individual specified in
this subsection is any of the following:
``(A) A member of the Armed Forces, including a member of a
reserve component or the National Guard.
``(B) A cadet or midshipman of the United States Military
Academy, the United States Naval Academy, the United States
Air Force Academy, or the United States Coast Guard Academy.
``(C) A family member of an individual specified in
subparagraph (A) or (B) who is younger than 12 years old and
accompanying the individual.
``(3) Implementation.--The eligibility of an individual
specified in paragraph (2) for expedited security screening
under the PreCheck Program is subject to such policies and
procedures as the Administrator may prescribe to carry out
this subsection, in consultation with the Secretary of
Defense and, with respect to the United States Coast Guard,
the Commandant of the United States Coast Guard.
``(j) Vetting for PreCheck Program Participants.--The
Administrator shall initiate an assessment to identify any
security vulnerabilities in the vetting process for the
PreCheck Program, including determining whether subjecting
PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent
checks against the terrorist watchlist, could be done in a
cost-effective manner to strengthen the security of the
PreCheck Program.
``(k) Assurance of Separate Program.--In carrying out this
section, the Administrator shall ensure that the additional
private sector application capabilities under subsections
(b), (c), and (d) are undertaken in addition to any other
related TSA program, initiative, or procurement, including
the Universal Enrollment Services program.
``(l) Expenditure of Funds.--Any Federal funds expended by
the Administrator to expand PreCheck Program enrollment shall
be expended in a manner that includes the requirements of
this section.''.
(b) Technical and Conforming Amendments.--
(1) Repeal.--Subtitle A of title III of the FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 44901 note) and
the items relating to that subtitle in the table of contents
of that Act are repealed.
(2) Table of contents.--The table of contents of chapter
449 is amended by amending the item relating to section 44919
to read as follows:
``44919. PreCheck Program.''.
(3) Screening passengers and property.--Section 44901(a) is
amended by striking ``44919 or''.
SEC. 1938. PRECHECK EXPEDITED SCREENING.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall ensure that
only a traveler who is a member of a trusted traveler program
specified in subsection (b) is permitted to use a TSA
PreCheck security screening lane at a passenger screening
checkpoint.
(b) Trusted Traveler Programs Specified.--A trusted
traveler program specified in this subsection is any of the
following:
(1) The PreCheck Program under section 44919 of title 49,
United States Code.
(2) Any other program implemented by the TSA under section
109(a)(3) of the Aviation and Transportation Security Act (49
U.S.C. 114 note).
(3) Any other United States Government program that issues
a unique identifier, such as a known traveler number, that
the TSA accepts as validating that the individual holding
such identifier is a member of a known low-risk population.
(c) Exemptions.--Nothing in this section shall affect--
(1) the authority of the Administrator, under section 44927
of title 49, United States Code, to carry out expedited
screening for members of the Armed Forces with disabilities
or severe injuries or veterans with disabilities or severe
injuries; or
(2) the Honor Flight program under section 44928 of that
title.
(d) Low-risk Travelers.--Any traveler who is determined by
the Administrator to be low risk based on the traveler's age
and who is not a member of a trusted traveler program
specified in subsection (b) shall be permitted to utilize TSA
PreCheck security screening lanes at Transportation Security
Administration checkpoints when traveling on the same
reservation as a member of such a program.
(e) Risk Modified Screening.--
(1) Pilot program.--Not later than 60 days after the date
of enactment of this Act and subject to paragraph (2), the
Administrator shall commence a pilot program regarding a risk
modified screening protocol for lanes other than designated
TSA PreCheck security screening lanes at passenger screening
checkpoints, in airports of varying categories, to further
segment passengers based on risk.
(2) Eligibility.--Only a low-risk passenger shall be
eligible to participate in the risk modified screening pilot
program under paragraph (1).
(3) Definition of low-risk passenger.--In this subsection,
the term ``low-risk passenger'' means a passenger who--
(A) meets a risk-based, intelligence-driven criteria
prescribed by the Administrator; or
[[Page H9016]]
(B) undergoes a canine enhanced screening upon arrival at
the passenger screening checkpoint.
(4) Termination.--The pilot program shall terminate on the
date that is 120 days after the date it commences under
paragraph (1).
(5) Briefing.--Not later than 30 days after the termination
date under paragraph (4), the Administrator shall brief the
appropriate committees of Congress on the findings of the
pilot program, including--
(A) information relating to the security effectiveness and
passenger facilitation effectiveness of the risk modified
screening protocol;
(B) a determination regarding whether the risk modified
screening protocol was effective; and
(C) if the Administrator determined that the protocol was
effective, a plan for the deployment of the protocol at as
many TSA passenger screening checkpoints as practicable.
(6) Implementation.--In determining whether deployment of
the protocol at a TSA passenger screening checkpoint at an
airport is practicable, the Administrator shall consider--
(A) the level of risk at the airport;
(B) the available space at the airport;
(C) passenger throughput levels at the airport;
(D) the checkpoint configuration at the airport; and
(E) adequate resources to appropriately serve passengers in
TSA PreCheck security screening lanes at the passenger
screening checkpoint.
(f) Working Group.--
(1) In general.--In carrying out subsection (e), the
Administrator shall establish a working group to advise the
Administrator on the development of plans for the deployment
of the protocol at TSA passenger screening checkpoints, other
than designated TSA PreCheck security screening lanes, in the
most effective and efficient manner practicable.
(2) Members.--The working group shall be comprised of
representatives of Category X, I, II, III, and IV airports
and air carriers (as the term is defined in section 40102 of
title 49, United States Code).
(3) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working
group established under this subsection.
(g) Briefings.--
(1) In general.--The Administrator shall brief, on a
biannual basis, the appropriate committees of Congress on the
implementation of subsections (a) until the Administrator
certifies that only travelers who are members of trusted
traveler programs specified in subsection (b) are permitted
to use TSA PreCheck security screening lanes at passenger
screening checkpoints.
(2) Certification.--Upon a determination by the
Administrator that only travelers who are members of a
trusted traveler program specified in subsection (b) are
permitted to use TSA PreCheck security screening lanes at
checkpoints in accordance with subsection (a), the
Administrator shall submit to the appropriate committees of
Congress a written certification relating to such
determination.
(h) Inspector General Assessments.--The Inspector General
of the Department shall assess and transmit to the
appropriate committees of Congress the Administrator's
implementation under subsection (a).
(i) Expansion of TSA PreCheck Program Enrollment.--
(1) Long-term strategy.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
develop and begin the implementation a long-term strategy to
increase enrollment in the TSA PreCheck Program.
(2) Considerations.--In developing the strategy under
paragraph (1), the Administrator shall consider the
following:
(A) Partnering with air carriers (as the term is defined in
section 40102 of title 49, United States Code) to incorporate
PreCheck Program promotion opportunities in the reservation
process described in section 1560.101 of title 49, Code of
Federal Regulations;
(B) Including in the PreCheck Program of an individual
who--
(i) holds a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance, unless the individual
has had the individual's clearance revoked or did not pass a
periodic reinvestigation; or
(ii) is a current, full-time Federal law enforcement
officer.
(C) Providing PreCheck Program enrollment flexibility by
offering secure mobile enrollment platforms that facilitate
in-person identity verification and application data
collection, such as through biometrics.
(D) Reducing travel time to PreCheck Program enrollment
centers for applicants, including--
(i) by adjusting the locations and schedules of existing
PreCheck Program enrollment centers to accommodate demand;
(ii) by seeking to colocate such enrollment centers with
existing facilities that support the issuance of--
(I) United States passports; and
(II) Security Identification Display Area credentials (as
the term is defined in section 1540.5 of title 49, Code of
Federal Regulations) located in public, non-secure areas of
airports if no systems of an airport operator are used in
support of enrollment activities for such credentials; and
(iii) by increasing the availability of PreCheck Program
enrollment platforms, such as kiosks, tablets, or staffed
laptop stations.
(E) The feasibility of providing financial assistance or
other incentives for PreCheck Program enrollment for--
(i) children who are at least 12 years or older, but less
than 18 years old;
(ii) families consisting of 5 or more immediate family
members;
(iii) private sector entities, including small businesses,
to establish PreCheck Program enrollment centers in their
respective facilities; and
(iv) private sector entities, including small business
concerns (as the term is described in section 3 of the Small
Business Act (15 U.S.C. 632)), to reimburse an employee for
the cost of the PreCheck Program application.
SEC. 1939. TRUSTED TRAVELER PROGRAMS; COLLABORATION.
Not later than 180 days after the date of enactment of this
Act, the Administrator, in consultation with the Commissioner
of U.S. Customs and Border Protection, shall--
(1) review each trusted traveler program administered by
U.S. Customs and Border Protection and the PreCheck Program;
(2) identify any improvements that can be made to such
programs--
(A) to streamline and integrate the requirements and
operations of such programs to reduce administrative burdens,
including applications for inclusion and determining whether
a valid credential can satisfy the requirements for another
credential;
(B) to increase information and data sharing across such
programs; and
(C) to allow the public to access and link to the
applications for enrollment in all of such programs from 1
online portal;
(3) identify any law, including regulations, policy, or
procedure that may unnecessarily inhibit collaboration among
Department of Homeland Security agencies regarding such
programs or implementation of the improvements identified
under paragraph (2);
(4) recommend any legislative, administrative, or other
actions that can be taken to eliminate any unnecessary
barriers to collaboration or implementation identified in
paragraph (3); and
(5) submit to the appropriate committees of Congress a
report on the review, including any unnecessary barriers to
collaboration or implementation identified under paragraph
(3), and any recommendations under paragraph (4).
SEC. 1940. PASSENGER SECURITY FEE.
Section 44940(c) is amended by adding at the end the
following:
``(3) Offsetting collections.--Beginning on October 1,
2027, fees collected under subsection (a)(1) for any fiscal
year shall be credited as offsetting collections to
appropriations made for aviation security measures carried
out by the Transportation Security Administration, to remain
available until expended.''.
SEC. 1941. THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY.
Section 1307 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1116) is amended by
adding at the end the following:
``(h) Third Party Canine Teams for Air Cargo Security.--
``(1) In general.--In order to enhance the screening of air
cargo and ensure that third party explosives detection canine
assets are leveraged for such purpose, the Administrator
shall, not later than 180 days after the date of enactment of
the TSA Modernization Act--
``(A) develop and issue standards for the use of such third
party explosives detection canine assets for the primary
screening of air cargo;
``(B) develop a process to identify qualified non-Federal
entities that will certify canine assets that meet the
standards established by the Administrator under subparagraph
(A);
``(C) ensure that entities qualified to certify canine
assets shall be independent from entities that will train and
provide canines to end users of such canine assets;
``(D) establish a system of Transportation Security
Administration audits of the process developed under
subparagraph (B); and
``(E) provide that canines certified for the primary
screening of air cargo can be used by air carriers, foreign
air carriers, freight forwarders, and shippers.
``(2) Implementation.--Beginning on the date that the
development of the process under paragraph (1)(B) is
complete, the Administrator shall--
``(A) facilitate the deployment of such assets that meet
the certification standards of the Administration, as
determined by the Administrator;
``(B) make such standards available to vendors seeking to
train and deploy third party explosives detection canine
assets; and
``(C) ensure that all costs for the training and
certification of canines, and for the use of supplied
canines, are borne by private industry and not the Federal
Government.
``(3) Definitions.--In this subsection:
``(A) Air carrier.--The term `air carrier' has the meaning
given the term in section 40102 of title 49, United States
Code.
``(B) Foreign air carrier.--The term `foreign air carrier'
has the meaning given the term in section 40102 of title 49,
United States Code.
``(C) Third party explosives detection canine asset.--The
term `third party explosives detection canine asset' means
any explosives detection canine or handler not
[[Page H9017]]
owned or employed, respectively, by the Transportation
Security Administration.''.
SEC. 1942. KNOWN SHIPPER PROGRAM REVIEW.
The Administrator shall direct the Air Cargo Subcommittee
of ASAC--
(1) to conduct a comprehensive review and security
assessment of the Known Shipper Program;
(2) to recommend whether the Known Shipper Program should
be modified or eliminated considering the full implementation
of 100 percent screening under section 44901(g) of title 49,
United States Code; and
(3) to report its findings and recommendations to the
Administrator.
SEC. 1943. ESTABLISHMENT OF AIR CARGO SECURITY DIVISION.
(a) In General.--Subchapter II of chapter 449 is amended by
adding at the end the following:
``Sec. 44947. Air cargo security division
``(a) Establishment.--Not later than 90 days after the date
of enactment of the TSA Modernization Act, the Administrator
shall establish an air cargo security division to carry out
and engage with stakeholders regarding the implementation of
air cargo security programs established by the
Administration.
``(b) Leadership; Staffing.--The air cargo security
division established pursuant to subsection (a) shall be
headed by an individual in the executive service within the
TSA and be staffed by not fewer than 4 full-time equivalents,
including the head of the division.
``(c) Staffing.--The Administrator of the Transportation
Security Administration shall staff the air cargo security
division with existing TSA personnel.''.
(b) Table of Contents.--The table of contents of chapter
449 is amended by inserting after the item related to section
44946 the following:
``44947. Air cargo security division.''.
SEC. 1944. AIR CARGO REGULATION REVIEW.
(a) Review.--Not later than 150 days after the date of
enactment of this Act, the Administrator shall--
(1) review the Certified Cargo Screening Program,
including--
(A) consideration of the degree to which the Program is
effective at fully addressing evolving threats to air cargo,
particularly as air cargo volumes fluctuate; and
(B) identification of any vulnerabilities in the Program
and effectiveness of information sharing with air cargo
security stakeholders; and
(2) submit to the appropriate committees of Congress a
report on the findings of the review under paragraph (1),
including--
(A) a description of the actions the Administrator has
taken to improve the Program; and
(B) a description of the actions the Administrator will
take to address the findings of the review under paragraph
(1), including any plans to issue new rulemaking, if
necessary.
SEC. 1945. GAO REVIEW.
Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) review the Department's analysis and intelligence pre-
screening processes and procedures for air cargo entering the
United States;
(2) review the pilot program conducted under section 1925;
(3) assess the effectiveness of the Department's risk-based
strategy for examining air cargo and ensuring compliance with
air cargo security law, including regulations; and
(4) review the Department's information sharing procedures
and practices for disseminating information to relevant
stakeholders on preventing, mitigating, and responding to air
cargo related threats.
SEC. 1946. SCREENING PARTNERSHIP PROGRAM UPDATES.
(a) Security Screening Opt-Out Program.--Section 44920 is
amended--
(1) in the heading by striking ``Security screening opt-out
program'' and inserting ``Screening partnership program'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--An airport operator may submit to the
Administrator of the Transportation Security Administration
an application to carry out the screening of passengers and
property at the airport under section 44901 by personnel of a
qualified private screening company pursuant to a contract
entered into with the Transportation Security
Administration.'';
(3) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Not later than 60 days after the date of
receipt of an application submitted by an airport operator
under subsection (a), the Administrator shall approve or deny
the application.''; and
(B) in paragraphs (2) and (3), by striking ``Under
Secretary'' each place it appears and inserting
``Administrator'';
(4) in subsection (d)--
(A) in the heading, by striking ``Standards'' inserting
``Selection of Contracts and Standards'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) in paragraph (1)--
(i) by striking ``The Under Secretary may enter'' and all
that follows through ``certifies to Congress that--'' and
inserting ``The Administrator shall, upon approval of the
application, provide the airport operator with a list of
qualified private screening companies.''; and
(ii) by inserting before subparagraphs (A) and (B) the
following:
``(2) Contracts.--The Administrator shall, to the extent
practicable, enter into a contract with a private screening
company from the list provided under paragraph (1) for the
provision of screening at the airport not later than 120 days
after the date of approval of an application submitted by the
airport operator under subsection (a) if--''; and
(D) in paragraph (2), as redesignated--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B)--
(I) by striking ``Under Secretary'' and inserting
``Administrator''; and
(II) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(C) the selected qualified private screening company
offered contract price is equal to or less than the cost to
the Federal Government to provide screening services at the
airport.''; and
(E) in paragraph (3), as redesignated--
(i) by striking ``paragraph (1)(B)'' and inserting
``paragraph (2)(B)''; and
(ii) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator'';
(5) in subsection (e)--
(A) in the heading, by striking ``Screened'' and inserting
``Screening'';
(B) by striking the period at the end and inserting ``;
and'';
(C) by striking ``The Under Secretary shall'' and inserting
``The Administrator shall--'';
(D) by inserting ``(1)'' before ``provide Federal
Government'' and indenting appropriately; and
(E) by adding at the end the following:
``(2) undertake covert testing and remedial training
support for employees of private screening companies
providing screening at airports.'';
(6) in subsection (f)--
(A) in the heading, by inserting ``or Suspension'' after
``Termination'';
(B) by striking ``terminate'' and inserting ``suspend or
terminate, as appropriate,''; and
(C) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''; and
(7) by striking subsection (h) and inserting the following:
``(h) Evaluation of Screening Company Proposals for
Award.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of law, including title
48 of the Code of Federal Regulations and the Federal
Advisory Committee Act (5 U.S.C. App.), an airport operator
that has applied and been approved to have security screening
services carried out by a qualified private screening company
under contract with the Administrator may nominate to the
head of the contracting activity an individual to participate
in the evaluation of proposals for the award of such
contract.
``(2) Participation on a proposal evaluation committee.--
Any participation on a proposal evaluation committee under
paragraph (1) shall be conducted in accordance with chapter
21 of title 41.
``(i) Innovative Screening Approaches and Technologies.--
The Administrator shall encourage an airport operator to whom
screening services are provided under this section to
recommend to the Administrator innovative screening
approaches and technologies. Upon receipt of any such
recommendations, the Administrator shall review and, if
appropriate, test, conduct a pilot project, and, if
appropriate, deploy such approaches and technologies.''.
(b) Feasibility Assessment.--
(1) In general.--The Administrator, in consultation with
airport operators and airlines, shall submit to the
appropriate committees of Congress an assessment of the
feasibility of modifying the Screening Partnership Program to
allow an individual airport terminal to participate in the
Screening Partnership Program.
(2) Considerations.--In conducting the assessment under
paragraph (1), the Administrator shall consider--
(A) potential benefits and costs, including with respect to
the efficacy of security operations, of such an approach;
(B) potential impacts on security operations; and
(C) potential impacts on recruitment, hiring, and
retention.
(c) Applications Submitted Before the Date of Enactment.--
Not later than 30 days after the date of enactment of this
Act, the Administrator shall approve or deny, in accordance
with section 44920(b) of title 49, United States Code, as
amended by this Act, each application submitted before the
date of enactment of this Act, by an airport operator under
subsection (a) of that section, that is awaiting such a
determination.
SEC. 1947. SCREENING PERFORMANCE ASSESSMENTS.
Subject to part 1520 of title 49, Code of Federal
Regulations, the Administrator shall quarterly make available
to the airport director of an airport--
(1) an assessment of the screening performance of that
airport compared to the mean average performance of all
airports in the equivalent airport category for screening
performance data; and
(2) a briefing on the results of performance data reports,
including--
(A) a scorecard of objective metrics developed by the
Office of Security Operations to
[[Page H9018]]
measure screening performance, such as results of annual
proficiency reviews and covert testing, at the appropriate
level of classification; and
(B) other performance data, including--
(i) passenger throughput;
(ii) wait times; and
(iii) employee attrition, absenteeism, injury rates, and
any other human capital measures collected by the TSA.
SEC. 1948. TRANSPORTATION SECURITY TRAINING PROGRAMS.
(a) In General.--Section 44935 is amended--
(1) by striking ``(i) Accessibility of Computer-based
Training Facilities.--'' and inserting ``(k) Accessibility of
Computer-based Training Facilities.--''; and
(2) by adding at the end the following:
``(l) Initial and Recurring Training.--
``(1) In general.--The Administrator shall establish a
training program for new security screening personnel located
at the Transportation Security Administration Academy.
``(2) Recurring training.--
``(A) In general.--Not later than 180 days after the date
of enactment of the TSA Modernization Act, the Administrator
shall establish recurring training for security screening
personnel regarding updates to screening procedures and
technologies, including, in response to weaknesses identified
in covert tests at airports--
``(i) methods to identify the verification of false or
fraudulent travel documents; and
``(ii) training on emerging threats.
``(B) Contents.--The training under subparagraph (A) shall
include--
``(i) internal controls for monitoring and documenting
compliance of transportation security officers with such
training requirements; and
``(ii) such other matters as identified by the
Administrator with regard to such training.''.
(b) GAO Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) examine the effectiveness of the new security screening
personnel training under section 44935(l) of title 49, United
States Code; and
(2) submit to the appropriate committees of Congress a
report on the findings under paragraph (1), including any
recommendations.
SEC. 1949. TRAVELER REDRESS IMPROVEMENT.
(a) Redress Process.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Administrator, using existing
resources, systems, and processes, shall ensure the
availability of the Department of Homeland Security Traveler
Redress Inquiry Program (referred to in this section as ``DHS
TRIP'') redress process to adjudicate an inquiry for an
individual who--
(A) is a citizen of the United States or alien lawfully
admitted for permanent residence;
(B) has filed the inquiry with DHS TRIP after receiving
enhanced screening at an airport passenger security
checkpoint more than 3 times in any 60-day period; and
(C) believes the individual has been wrongly identified as
being a threat to aviation security.
(2) Briefing.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on the implementation of
the redress process required under paragraph (1).
(b) Privacy Impact Review and Update.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and
update the Privacy Impact Assessment for the Secure Flight
programs to ensure the assessment accurately reflects the
operation of such programs.
(2) Public dissemination; form.--The Administrator shall--
(A) publish the Secure Flight Privacy Impact Assessment
review and update required under paragraph (1) on a publicly-
accessible internet webpage of the TSA; and
(B) submit the Secure Flight Privacy Impact Assessment
review and update to the appropriate committees of Congress.
(c) Rule Review and Notification Process.--
(1) Rule review.--Not later than 60 days after the date of
enactment of this Act, and every 120 days thereafter, the
Assistant Administrator of the Office of Intelligence and
Analysis of the TSA, in coordination with the entities
specified in paragraph (3), shall identify and review the
screening rules established by the Office of Intelligence and
Analysis of TSA.
(2) Notification process.--Not later than 2 days after the
date that any change to a rule identified under paragraph (1)
is made, the Assistant Administrator of the Office of
Intelligence and Analysis of the TSA shall notify the
entities specified in paragraph (3) of the change.
(3) Entities specified.--The entities specified in this
paragraph are as follows:
(A) The Office of Civil Rights and Liberties, Ombudsman,
and Traveler Engagement of the TSA.
(B) The Office of Civil Rights and Liberties of the
Department.
(C) The Office of Chief Counsel of the TSA.
(D) The Office of General Counsel of the Department.
(E) The Privacy Office of the Administration.
(F) The Privacy Office of the Department.
(G) The Federal Air Marshal Service.
(H) The Traveler Redress Inquiry Program of the Department.
(d) Federal Air Marshal Service Coordination.--
(1) In general.--The Administrator shall ensure that the
rules identified in subsection (c) are taken into account for
Federal Air Marshal mission scheduling.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on whether, and
if so how, the rules identified in subsection (c) are
incorporated in the risk analysis conducted during the
Federal Air Marshal mission scheduling process.
(e) GAO Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) study the rules identified under subsection (c)(1),
including--
(A) whether the rules are effective in mitigating potential
threats to aviation security; and
(B) whether, and if so how, the TSA coordinates with the
Department regarding any proposed change to a rule; and
(2) submit to the appropriate committees of Congress a
report on the findings under paragraph (1), including any
recommendations.
SEC. 1950. IMPROVEMENTS FOR SCREENING OF PASSENGERS WITH
DISABILITIES.
(a) Revised Training.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation
with nationally-recognized veterans and disability
organizations, shall revise the training requirements for
Transportation Security Officers related to the screening of
passengers with disabilities, including passengers with
disabilities who participate in the PreCheck program.
(2) Training specifications.--In revising the training
requirements under paragraph (1), the Administrator shall
address the proper screening, and any particular
sensitivities related to the screening, of a passenger with a
disability--
(A) traveling with a medical device, including an
indwelling medical device;
(B) traveling with a prosthetic;
(C) traveling with a wheelchair, walker, scooter, or other
mobility device;
(D) traveling with a service animal; or
(E) with sensitivities to touch, pressure, sound, or
hypersensitivity to stimuli in the environment.
(3) Training frequency.--The Administrator shall implement
the revised training under paragraph (1) during initial and
recurrent training of all Transportation Security Officers.
(b) Best Practices.--The individual at the TSA responsible
for civil rights, liberties, and traveler engagement shall--
(1) record each complaint from a passenger with a
disability regarding the screening practice of the TSA;
(2) identify the most frequent concerns raised, or
accommodations requested, in the complaints;
(3) determine the best practices for addressing the
concerns and requests identified in paragraph (2); and
(4) recommend appropriate training based on such best
practices.
(c) Signage.--At each category X airport, the TSA shall
place signage at each security checkpoint that--
(1) specifies how to contact the appropriate TSA employee
at the airport designated to address complaints of screening
mistreatment based on disability; and
(2) describes how to receive assistance from that
individual or other qualified personnel at the security
screening checkpoint.
(d) Reports to Congress.--Not later than September 30 of
the first full fiscal year after the date of enactment of
this Act, and each fiscal year thereafter, the Administrator
shall submit to the appropriate committees of Congress a
report on the checkpoint experiences of passengers with
disabilities, including the following:
(1) The number and most frequent types of disability-
related complaints received.
(2) The best practices recommended under subsection (b) to
address the top areas of concern.
(3) The estimated wait times for assist requests for
passengers with disabilities, including disabled passengers
who participate in the PreCheck program.
SEC. 1951. AIR CARGO ADVANCE SCREENING PROGRAM.
(a) In General.--The Commissioner of U.S. Customs and
Border Protection and the Administrator, consistent with the
requirements of the Trade Act of 2002 (Public Law 107-210)
shall--
(1) establish an air cargo advance screening program
(referred to in this section as the ``ACAS Program'') for the
collection of advance electronic information from air
carriers and other persons within the supply chain regarding
cargo being transported to the United States by air;
(2) under such program, require that such information be
transmitted by such air carriers and other persons at the
earliest point practicable prior to loading of such cargo
onto an aircraft destined to or transiting through the United
States;
(3) establish appropriate communications systems with
freight forwarders, shippers, and air carriers;
[[Page H9019]]
(4) establish a system that will allow freight forwarders,
shippers, and air carriers to provide shipment level data for
air cargo, departing from any location that is inbound to the
United States; and
(5) identify opportunities in which the information
furnished in compliance with the ACAS Program could be used
by the Administrator.
(b) Inspection of High-risk Cargo.--Under the ACAS Program,
the Commissioner of U.S. Customs and Border Protection and
the Administrator shall ensure that all cargo that has been
identified as high-risk is inspected--
(1) prior to the loading of such cargo onto aircraft at the
last point of departure; or
(2) at an earlier point in the supply chain, before
departing for the United States.
(c) Consultation.--In carrying out the ACAS Program, the
Commissioner of U.S. Customs and Border Protection and the
Administrator shall consult with relevant stakeholders, as
appropriate, to ensure that an operationally feasible and
practical approach to--
(1) the collection of advance information with respect to
cargo on aircraft departing for the United States is applied;
and
(2) the inspection of high-risk cargo recognizes the
significant differences among air cargo business models and
modes of transportation.
(d) Analysis.--The Commissioner of U.S. Customs and Border
Protection and the Administrator may analyze the information
described in subsection (a) in the Department of Homeland
Security's automated targeting system and integrate such
information with other intelligence to enhance the accuracy
of the risk assessment process under the ACAS Program.
(e) No Duplication.--The Commissioner of U.S. Customs and
Border Protection and the Administrator shall carry out this
section in a manner that, after the ACAS Program is fully in
effect, ensures, to the greatest extent practicable, that the
ACAS Program does not duplicate other Department programs or
requirements relating to the submission of air cargo data or
the inspection of high-risk cargo.
(f) Consideration of Industry.--In carrying out the ACAS
Program, the Commissioner of U.S. Customs and Border
Protection and the Administrator shall--
(1) consider the content and timeliness of the available
data may vary among entities in the air cargo industry and
among countries;
(2) explore procedures to accommodate the variations
described in paragraph (1) while maximizing the contribution
of such data to the risk assessment process under the ACAS
Program;
(3) test the business processes, technologies, and
operational procedures required to provide advance
information with respect to cargo on aircraft departing for
the United States and carry out related inspection of high-
risk cargo, while ensuring delays and other negative impacts
on vital supply chains are minimized; and
(4) consider the cost, benefit, and feasibility before
establishing any set time period for submission of certain
elements of the data for air cargo under this section in line
with the regulatory guidelines specified in Executive Order
13563 or any successor Executive order or regulation.
(g) Guidance.--The Commissioner of U.S. Customs and Border
Protection and the Administrator shall provide guidance for
participants in the ACAS Program regarding the requirements
for participation, including requirements for transmitting
shipment level data.
(h) Use of Data.--The Commissioner of U.S. Customs and
Border Protection and the Administrator shall use the data
provided under the ACAS Program for targeting shipments for
screening and aviation security purposes only.
(i) Final Rule.--Not later than 180 days after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection, in coordination with the Administrator,
shall issue a final regulation to implement the ACAS Program
to include the electronic transmission to U.S. Customs and
Border Protection of data elements for targeting cargo,
including appropriate security elements of shipment level
data.
(j) Report.--Not later than 180 days after the date of the
commencement of the ACAS Program, the Commissioner of U.S.
Customs and Border Protection and the Administrator shall
submit to the appropriate committees of Congress a report
detailing the operational implementation of providing advance
information under the ACAS Program and the value of such
information in targeting cargo.
SEC. 1952. GENERAL AVIATION AIRPORTS.
(a) Short Title.--This section may be cited as the
``Securing General Aviation and Charter Air Carrier Service
Act''.
(b) Advanced Passenger Prescreening System.--Not later than
120 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of
Congress a report on the status of the deployment of the
advanced passenger prescreening system, and access thereto
for certain aircraft charter operators, as required by
section 44903(j)(2)(E) of title 49, United States Code,
including--
(1) the reasons for the delay in deploying the system; and
(2) a detailed schedule of actions necessary for the
deployment of the system.
(c) Screening Services Other Than in Primary Passenger
Terminals.--
(1) In general.--Subject to the provisions of this
subsection, the Administrator may provide screening services
to a charter air carrier in an area other than the primary
passenger terminal of an applicable airport.
(2) Requests.--A request for screening services under
paragraph (1) shall be made at such time, in such form, and
in such manner as the Administrator may require, except that
the request shall be made to the Federal Security Director
for the applicable airport at which the screening services
are requested.
(3) Availability.--A Federal Security Director may provide
requested screening services under this section if the
Federal Security Director determines such screening services
are available.
(4) Agreements.--
(A) Limitation.--No screening services may be provided
under this section unless a charter air carrier agrees in
writing to compensate the TSA for all reasonable costs,
including overtime, of providing the screening services.
(B) Payments.--Notwithstanding section 3302 of title 31,
United States Code, payment received under subparagraph (A)
shall be credited to the account that was used to cover the
cost of providing the screening services. Amounts so credited
shall be merged with amounts in that account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as other amounts in that account.
(5) Definitions.--In this subsection:
(A) Applicable airport.--The term ``applicable airport''
means an airport that--
(i) is not a commercial service airport; and
(ii) is receiving screening services for scheduled
passenger aircraft.
(B) Charter air carrier.--The term ``charter air carrier''
has the meaning given the term in section 40102 of title 49,
United States Code.
(C) Screening services.--The term ``screening services''
means the screening of passengers and property similar to the
screening of passengers and property described in section
44901 of title 49, United States Code.
(d) Report.--Not later than 120 days after the date of
enactment of this Act, the Administrator, in consultation
with the ASAC, shall, consistent with the requirements of
paragraphs (6) and (7) of section 44946(b) of title 49,
United States Code, submit to the appropriate Committees of
Congress an implementation plan, including an implementation
schedule, for any of the following recommendations that were
adopted by the ASAC and with which the Administrator has
concurred before the date of the enactment of this Act:
(1) The recommendation regarding general aviation access to
Ronald Reagan Washington National Airport, as adopted on
February 17, 2015.
(2) The recommendation regarding the vetting of persons
seeking flight training in the United States, as adopted on
July 28, 2016.
(3) Any other such recommendations relevant to the security
of general aviation adopted before the date of the enactment
of this Act.
(e) Designated Staffing.--The Administrator may designate 1
or more full-time employees of the TSA to liaise with, and
respond to issues raised by, general aviation stakeholders.
(f) Security Enhancements.--Not later than 1 year after the
date of enactment of this Act, the Administrator, in
consultation with the ASAC, shall submit to the appropriate
committees of Congress a report on the feasibility of
requiring a security threat assessment before an individual
could obtain training from a private flight school to operate
an aircraft having a maximum certificated takeoff weight of
more than 12,500 pounds.
Subtitle E--Foreign Airport Security
SEC. 1953. LAST POINT OF DEPARTURE AIRPORTS; SECURITY
DIRECTIVES.
(a) Notice and Consultation.--
(1) In general.--The Administrator shall, to the maximum
extent practicable, consult and notify the following
stakeholders prior to making changes to security standards
via security directives and emergency amendments for last
points of departure:
(A) Trade association representatives, for affected air
carriers and airports, who hold the appropriate security
clearances.
(B) The head of each relevant Federal department or agency,
including the Administrator of the Federal Aviation
Administration.
(2) Transmittal to congress.--Not later than 3 days after
the date that the Administrator issues a security directive
or emergency amendment for a last point of departure, the
Administrator shall transmit to the appropriate committees of
Congress a description of the extent to which the
Administrator consulted and notified the stakeholders under
paragraph (1).
(b) GAO Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall review the effectiveness of the TSA process to
update, consolidate, or revoke security directives, emergency
amendments, and other policies related to international
aviation security at last point of departure airports and
submit to the appropriate committees of Congress and the
Administrator a report on the findings and recommendations.
[[Page H9020]]
(2) Contents.--In conducting the review under paragraph
(1), the Comptroller General shall--
(A) review current security directives, emergency
amendments, and any other policies related to international
aviation security at last point of departure airports;
(B) review the extent of intra-agency and interagency
coordination, stakeholder outreach, coordination, and
feedback; and
(C) review TSA's process and criteria for, and
implementation of, updating or revoking the policies
described in subparagraph (A).
(c) Rescreening.--Subject to section 44901(d)(4)(c) of
title 49, United States Code, upon discovery of specific
threat intelligence, the Administrator shall immediately
direct TSA personnel to rescreen passengers and baggage
arriving from an airport outside the United States and
identify enhanced measures that should be implemented at that
airport.
(d) Notification to Congress.--Not later than 1 day after
the date that the Administrator determines that a foreign air
carrier is in violation of part 1546 of title 49, Code of
Federal Regulations, or any other applicable security
requirement, the Administrator shall notify the appropriate
committees of Congress.
(e) Decisions Not Subject to Judicial Review.--
Notwithstanding any other provision of law, any decision of
the Administrator under subsection (a)(1) relating to
consultation or notification shall not be subject to judicial
review.
SEC. 1954. LAST POINT OF DEPARTURE AIRPORT ASSESSMENT.
Section 44907(a)(2)(B) is amended by inserting ``,
including the screening and vetting of airport workers''
before the semicolon.
SEC. 1955. TRACKING SECURITY SCREENING EQUIPMENT FROM LAST
POINT OF DEPARTURE AIRPORTS.
(a) Donation of Screening Equipment To Protect the United
States.--Chapter 449 is amended--
(1) in subchapter I, by adding at the end the following:
``Sec. 44929. Donation of screening equipment to protect the
United States
``(a) In General.--Subject to subsection (b), the
Administrator is authorized to donate security screening
equipment to a foreign last point of departure airport
operator if such equipment can be reasonably expected to
mitigate a specific vulnerability to the security of the
United States or United States citizens.
``(b) Conditions.--Before donating any security screening
equipment to a foreign last point of departure airport
operator the Administrator shall--
``(1) ensure that the screening equipment has been restored
to commercially available settings;
``(2) ensure that no TSA-specific security standards or
algorithms exist on the screening equipment; and
``(3) verify that the appropriate officials have an
adequate system--
``(A) to properly maintain and operate the screening
equipment; and
``(B) to document and track any removal or disposal of the
screening equipment to ensure the screening equipment does
not come into the possession of terrorists or otherwise pose
a risk to security.
``(c) Reports.--Not later than 30 days before any donation
of security screening equipment under subsection (a), the
Administrator shall provide to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a detailed written explanation of the
following:
``(1) The specific vulnerability to the United States or
United States citizens that will be mitigated by such
donation.
``(2) An explanation as to why the recipient of such
donation is unable or unwilling to purchase security
screening equipment to mitigate such vulnerability.
``(3) An evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made.
``(4) How the Administrator will ensure the security
screening equipment that is being donated is used and
maintained over the course of its life by the recipient.
``(5) The total dollar value of such donation.
``(6) How the appropriate officials will document and track
any removal or disposal of the screening equipment by the
recipient to ensure the screening equipment does not come
into the possession of terrorists or otherwise pose a risk to
security.''; and
(2) in the table of contents, by inserting after the item
relating to section 44928 the following:
``44929. Donation of screening equipment to protect the United
States.''.
(b) Technical and Conforming Amendments.--Section 3204 of
the Aviation Security Act of 2016 (49 U.S.C. 44901 note) and
the item relating to that section in the table of contents of
that Act are repealed.
(c) Raising International Standards.--Not later than 90
days after the date of enactment of this Act, the
Administrator shall collaborate with other aviation
authorities and the United States Ambassador or the Charge
d'Affaires to the United States Mission to the International
Civil Aviation Organization, as applicable, to advance a
global standard for each international airport to document
and track the removal and disposal of any security screening
equipment to ensure the screening equipment does not come
into the possession of terrorists or otherwise pose a risk to
security.
SEC. 1956. INTERNATIONAL SECURITY STANDARDS.
(a) Global Aviation Security Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination
with the Commissioner of the U.S. Customs and Border
Protection, the Director of the Office of International
Engagement of the Department of Homeland Security, and the
Secretary of State, shall conduct a global aviation security
review to improve aviation security standards, including
standards intended to mitigate cybersecurity threats, across
the global aviation system.
(2) Best practices.--The global aviation security review
shall establish best practices regarding the following:
(A) Collaborating with foreign partners to improve global
aviation security capabilities and standards.
(B) Identifying foreign partners that--
(i) have not successfully implemented security protocols
from the International Civil Aviation Organization or the
Department of Homeland Security; and
(ii) have not taken steps to implement such security
protocols;
(C) Improving the development, outreach, and implementation
process for security directives or emergency amendments
issued to domestic and foreign air carriers.
(D) Assessing the cybersecurity risk of security screening
equipment.
(b) Notification.--Not later than 90 days after the date of
enactment of this Act, the Administrator, in consultation
with the United States Ambassador to the International Civil
Aviation Organization, shall notify the Committee on
Commerce, Science, and Transportation and the Committee on
Foreign Relations of the Senate, and the Committee on
Homeland Security and the Committee on Foreign Affairs of the
House of Representatives of the progress of the review under
subsection (a) and any proposed international improvements to
aviation security.
(c) ICAO.--Subject to subsection (a), the Administrator and
Ambassador shall take such action at the International Civil
Aviation Organization as the Administrator and Ambassador
consider necessary to advance aviation security improvement
proposals, including if practicable, introducing a resolution
to raise minimum standards for aviation security.
(d) Briefings to Congress.--Beginning not later than 180
days after the date of enactment of this Act, and
periodically thereafter, the Administrator, in consultation
with the Ambassador with respect to subsection (c), shall
brief the Committee on Commerce, Science, and Transportation
and the Committee on Foreign Relations of the Senate, and the
Committee on Homeland Security and the Committee on Foreign
Affairs of the House of Representatives on the implementation
of subsections (a) and (b).
SEC. 1957. AVIATION SECURITY IN CUBA.
(a) Security of Public Charter Operations.--The
Administrator of the Transportation Security Administration,
in coordination with the Secretary of Transportation and the
Administrator of the Federal Aviation Administration, shall--
(1) direct all public charters operating flights between
the United States and Cuba to provide updated flight
schedules to, and maintain such schedules with, the
Transportation Security Administration; and
(2) develop and implement a mechanism that corroborates and
validates flight schedule data to more reliably track the
public charter operations of air carriers between the United
States and Cuba.
(b) Briefing on Security at Airports in Cuba.--The
Administrator shall provide to Congress (including the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate) a confidential briefing on the
following aspects of security measures at airports in Cuba
that have air service to the United States:
(1) Details about the type of equipment used at screening
checkpoints and an analysis of the capabilities and
weaknesses of that equipment.
(2) Information about each such airport's canine screening
program, if used.
(3) The frequency of training for screening and security
personnel.
(4) Access controls in place to ensure only credentialed
personnel have access to the secure and sterile areas of such
airports.
(5) An assessment of the ability of known or suspected
terrorists to use Cuba as a gateway to entering the United
States.
(6) Security of such airports' perimeters.
(7) The vetting practices and procedures for airport
employees.
(8) Any other information the Administrator considers
relevant to the security practices, procedures, and equipment
in place at such airports.
SEC. 1958. REPORT ON AIRPORTS USED BY MAHAN AIR.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, and annually thereafter through 2021,
the Secretary of Homeland Security, in consultation with the
Secretary of Transportation, the Secretary of State, the
Secretary of the Treasury, and the Director of National
Intelligence, shall submit to Congress a report that
includes--
[[Page H9021]]
(1) a list of all airports at which aircraft owned or
controlled by Mahan Air have landed during the 2 years
preceding the submission of the report; and
(2) for each such airport--
(A) an assessment of whether aircraft owned or controlled
by Mahan Air continue to conduct operations at that airport;
(B) an assessment of whether any of the landings of
aircraft owned or controlled by Mahan Air were necessitated
by an emergency situation;
(C) a determination regarding whether additional security
measures should be imposed on flights to the United States
that originate from that airport; and
(D) an explanation of the rationale for that determination.
(b) Form of Report.--Each report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(c) Publication of List.--The list required by subsection
(a)(1) shall be publicly and prominently posted on the
website of the Department of Homeland Security on the date on
which the report required by subsection (a) is submitted to
Congress.
Subtitle F--Cockpit and Cabin Security
SEC. 1959. FEDERAL AIR MARSHAL SERVICE UPDATES.
(a) Standardization.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall develop a
standard written agreement that shall be the basis of all
negotiations and agreements that begin after the date of
enactment of this Act between the United States and foreign
governments or partners regarding the presence of Federal air
marshals on flights to and from the United States, including
deployment, technical assistance, and information sharing.
(2) Written agreements.--Except as provided in paragraph
(3), not later than 180 days after the date of enactment of
this Act, all agreements between the United States and
foreign governments or partners regarding the presence of
Federal air marshals on flights to and from the United States
shall be in writing and signed by the Administrator or other
authorized United States Government representative.
(3) Exception.--The Administrator may schedule Federal air
marshal service on flights operating to a foreign country
with which no written agreement is in effect if the
Administrator determines that--
(A) such mission is necessary for aviation security; and
(B) the requirements of paragraph (4)(B) are met.
(4) Notification to congress.--
(A) Written agreements.--Not later than 30 days after the
date that the Administrator enters into a written agreement
under this section, the Administrator shall transmit to the
appropriate committees of Congress a copy of the agreement.
(B) No written agreements.--The Administrator shall submit
to the appropriate committees of Congress--
(i) not later than 30 days after the date of enactment of
this Act, a list of each foreign government or partner that
does not have a written agreement under this section,
including an explanation for why no written agreement exists
and a justification for the determination that such a mission
is necessary for aviation security; and
(ii) not later than 30 days after the date that the
Administrator makes a determination to schedule Federal air
marshal service on flights operating to a foreign country
with which no written agreement is in effect under paragraph
(3), the name of the applicable foreign government or
partner, an explanation for why no written agreement exists,
and a justification for the determination that such mission
is necessary for aviation security.
(b) Mission Scheduling Automation.--The Administrator shall
endeavor to acquire automated capabilities or technologies
for scheduling Federal air marshal service missions based on
current risk modeling.
(c) Improving Federal Air Marshal Service Deployments.--
(1) After-action reports.--The Administrator shall
strengthen internal controls to ensure that all after-action
reports on Federal air marshal service special mission
coverage provided to stakeholders include documentation of
supervisory review and approval, and mandatory narratives.
(2) Study.--The Administrator shall contract with an
independent entity to conduct a validation and verification
study of the risk analysis and risk-based determinations
guiding Federal air marshal service deployment, including the
use of risk-based strategies under subsection (d).
(3) Cost-benefit analysis.--The Administrator shall conduct
a cost-benefit analysis regarding mitigation of aviation
security threats through Federal air marshal service
deployment.
(4) Performance measures.--The Administrator shall improve
existing performance measures to better determine the
effectiveness of in-flight operations in addressing the
highest risks to aviation transportation based on current
intelligence.
(5) Long distance flights.--Section 44917 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (d) as
subsections (b) through (c), respectively.
(d) Use of Risk-based Strategies.--
(1) In general.--Section 44917(a) is amended--
(A) in paragraph (7), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(9) shall require the Federal Air Marshal Service to
utilize a risk-based strategy when allocating resources
between international and domestic flight coverage, including
when initially setting its annual target numbers of average
daily international and domestic flights to cover;
``(10) shall require the Federal Air Marshal Service to
utilize a risk-based strategy to support domestic allocation
decisions;
``(11) shall require the Federal Air Marshal Service to
utilize a risk-based strategy to support international
allocation decisions; and
``(12) shall ensure that the seating arrangements of
Federal air marshals on aircraft are determined in a manner
that is risk-based and most capable of responding to current
threats to aviation security.''.
(2) Briefing.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on the Federal Air Marshal
Service's compliance with the requirements under paragraphs
(9) through (12) of section 44917(a) of title 49, United
States Code, as added by this Act, and the documented
methodology used by the Federal Air Marshal Service to
conduct risk assessments in accordance with such paragraphs.
(3) Implementation deadline.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
begin implementing the requirements under paragraphs (9)
through (12) of section 44917(a), United States Code, as
added by this Act.
SEC. 1960. CREW MEMBER SELF-DEFENSE TRAINING.
The Administrator, in consultation with the Administrator
of the Federal Aviation Administration, shall continue to
carry out and encourage increased participation by air
carrier employees in the voluntary self-defense training
program under section 44918(b) of title 49, United States
Code.
SEC. 1961. FLIGHT DECK SAFETY AND SECURITY.
(a) Threat Assessment.--Not later than 90 days after the
date of enactment of this Act, the Administrator, in
consultation with the Administrator of the Federal Aviation
Administration, shall complete a detailed threat assessment
to identify any safety or security risks associated with
unauthorized access to the flight decks on commercial
aircraft and any appropriate measures that should be taken
based on the risks.
(b) RTCA Report.--The Administrator, in coordination with
the Administrator of the Federal Aviation Administration,
shall disseminate RTCA Document (DO-329) Aircraft Secondary
Barriers and Alternative Flight Deck Security Procedure to
aviation stakeholders, including air carriers and flight
crew, to convey effective methods and best practices to
protect the flight deck.
SEC. 1962. CARRIAGE OF WEAPONS, EXPLOSIVES, AND INCENDIARIES
BY INDIVIDUALS.
(a) Interpretive Rule.--Subject to subsections (b) and (c),
the Administrator shall periodically review and amend, as
necessary, the interpretive rule (68 Fed. Reg. 7444) that
provides guidance to the public on the types of property
considered to be weapons, explosives, and incendiaries
prohibited under section 1540.111 of title 49, Code of
Federal Regulations.
(b) Considerations.--Before determining whether to amend
the interpretive rule to include or remove an item from the
prohibited list, the Administrator shall--
(1) research and evaluate--
(A) the impact, if any, the amendment would have on
security risks;
(B) the impact, if any, the amendment would have on
screening operations, including effectiveness and efficiency;
and
(C) whether the amendment is consistent with international
standards and guidance, including of the International Civil
Aviation Organization; and
(2) consult with appropriate aviation security
stakeholders, including ASAC.
(c) Exceptions.--Except for plastic or round bladed butter
knives, the Administrator may not amend the interpretive rule
described in subsection (a) to authorize any knife to be
permitted in an airport sterile area or in the cabin of an
aircraft.
(d) Notification.--The Administrator shall--
(1) publish in the Federal Register any amendment to the
interpretive rule described in subsection (a); and
(2) notify the appropriate committees of Congress of the
amendment not later than 3 days before publication under
paragraph (1).
SEC. 1963. FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS.
(a) Improved Access to Training Facilities.--Section
44921(c)(2)(C)(ii) is amended--
(1) by striking ``The training of'' and inserting the
following:
``(I) In general.--The training of'';
(2) in subclause (I), as designated, by striking ``approved
by the Under Secretary''; and
(3) by adding at the end the following:
``(II) Access to training facilities.--The Administrator
shall designate additional firearms training facilities
located in various regions of the United States for Federal
flight deck officers for recurrent and requalifying training
relative to the number of such
[[Page H9022]]
facilities available on the day before such date of
enactment.''.
(b) Firearms Requalification.--Section 44921(c)(2)(C) is
amended--
(1) in clause (iii)--
(A) by striking ``The Under Secretary shall'' and inserting
the following:
``(I) In general.--The Administrator shall'';
(B) in subclause (I), as designated by subparagraph (A), by
striking ``the Under Secretary'' and inserting ``the
Administrator''; and
(C) by adding at the end the following:
``(II) Use of facilities for requalification.--The
Administrator shall allow a Federal flight deck officer to
requalify to carry a firearm under the program through
training at a Transportation Security Administration-approved
firearms training facility utilizing a Transportation
Security Administration-approved contractor and a curriculum
developed and approved by the Transportation Security
Administration.''; and
(2) by adding at the end the following:
``(iv) Periodic review.--The Administrator shall
periodically review requalification training intervals and
assess whether it is appropriate and sufficient to adjust the
time between each requalification training to facilitate
continued participation in the program under this section
while still maintaining effectiveness of the training, and
update the training requirements as appropriate.''.
(c) Training Review.--Section 44921(c)(2) is amended by
adding at the end the following:
``(D) Training review.--Not later than 2 years after the
date of enactment of the TSA Modernization Act, and
biennially thereafter, the Administrator shall review
training facilities and training requirements for initial and
recurrent training for Federal flight deck officers and
evaluate how training requirements, including the length of
training, could be streamlined while maintaining the
effectiveness of the training, and update the training
requirements as appropriate.''.
(d) Other Measures to Facilitate Training.--Section
44921(e) is amended--
(1) by striking ``Pilots participating'' and inserting the
following:
``(1) In general.--Pilots participating''; and
(2) by adding at the end the following:
``(2) Facilitation of training.--An air carrier shall
permit a pilot seeking to be deputized as a Federal flight
deck officer or a Federal flight deck officer to take a
reasonable amount of leave to participate in initial,
recurrent, or requalification training, as applicable, for
the program. Leave required under this paragraph may be
provided without compensation.''.
(e) International Harmonization.--Section 44921(f) is
amended--
(1) in paragraphs (1) and (3), by striking ``Under
Secretary'' and inserting ``Administrator''; and
(2) by adding at the end the following:
``(4) Consistency with federal air marshal program.--The
Administrator shall harmonize, to the extent practicable and
in a manner that does not jeopardize existing Federal air
marshal agreements, the policies relating to the carriage of
firearms on international flights by Federal flight deck
officers with the policies of the Federal air marshal program
for carrying firearms on such flights and carrying out the
duties of a Federal flight deck officer, notwithstanding
Annex 17 of the International Civil Aviation Organization.''.
(f) Physical Standards.--Section 44921(d)(2) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) in clause (ii), as redesignated, by striking ``Under
Secretary's'' and inserting ``Administrator's'';
(3) by striking ``A pilot is'' and inserting the following:
``(A) In general.--A pilot is''; and
(4) by adding at the end the following:
``(B) Consistency with requirements for certain medical
certificates.--In establishing standards under subparagraph
(A)(ii), the Administrator may not establish medical or
physical standards for a pilot to become a Federal flight
deck officer that are inconsistent with or more stringent
than the requirements of the Federal Aviation Administration
for the issuance of the required airman medical certificate
under part 67 of title 14, Code of Federal Regulations (or
any corresponding similar regulation or ruling).''.
(g) Transfer of Status.--Section 44921(d) is amended by
adding at the end the following:
``(5) Transfer from inactive to active status.--In
accordance with any applicable Transportation Security
Administration appeals processes, a pilot deputized as a
Federal flight deck officer who moves to inactive status may
return to active status upon successful completion of a
recurrent training program administered within program
guidelines.''.
(h) Technical Corrections.--Section 44921, as amended by
this section, is further amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Not later than 3 months
after the date of enactment of this section, the Under
Secretary'' and inserting ``The Administrator'';
(B) in paragraph (2), by striking ``Beginning 3 months
after the date of enactment of this section, the Under
Secretary shall begin the process of training and
deputizing'' and inserting ``The Administrator shall train
and deputize''; and
(C) in paragraph (3)(N), by striking ``Under Secretary's''
and inserting ``Administrator's'';
(3) in subsection (d)(4)--
(A) by striking ``may,'' and inserting ``may''; and
(B) by striking ``Under Secretary's'' and inserting
``Administrator's'';
(4) in subsection (i)(2), by striking ``the Under Secretary
may'' and inserting ``may'';
(5) in subsection (k)--
(A) by striking paragraphs (2) and (3); and
(B) by striking ``Applicability.--'' and all that follows
through ``This section'' and inserting ``Applicability.--This
section'';
(6) by adding at the end the following:
``(l) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Transportation Security Administration.
``(2) Air transportation.--The term `air transportation'
includes all-cargo air transportation.
``(3) Firearms training facility.--The term `firearms
training facility' means a private or government-owned gun
range approved by the Administrator to provide recurrent or
requalification training, as applicable, for the program,
utilizing a Transportation Security Administration-approved
contractor and a curriculum developed and approved by the
Transportation Security Administration.
``(4) Pilot.--The term `pilot' means an individual who has
final authority and responsibility for the operation and
safety of the flight or any other flight deck crew member.'';
and
(7) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''.
(i) Sensitive Security Information.--Not later than 180
days after the date of enactment of this Act--
(1) the Secretary of Transportation shall revise section
15.5(b)(11) of title 49, Code of Federal Regulations, to
classify information about pilots deputized as Federal flight
deck officers under section 44921 of title 49, United States
Code, as sensitive security information in a manner
consistent with the classification of information about
Federal air marshals; and
(2) the Administrator shall revise section 1520.5(b)(11) of
title 49, Code of Federal Regulations, to classify
information about pilots deputized as Federal flight deck
officers under section 44921 of title 49, United States Code,
as sensitive security information in a manner consistent with
the classification of information about Federal air marshals.
(j) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall prescribe such
regulations as may be necessary to carry out this section and
the amendments made by this section.
Subtitle G--Surface Transportation Security
SEC. 1964. SURFACE TRANSPORTATION SECURITY ASSESSMENT AND
IMPLEMENTATION OF RISK-BASED STRATEGY.
(a) Security Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall complete an
assessment of the vulnerabilities of and risks to surface
transportation systems.
(2) Considerations.--In conducting the security assessment
under paragraph (1), the Administrator shall, at a minimum--
(A) consider appropriate intelligence;
(B) consider security breaches and attacks at domestic and
international surface transportation facilities;
(C) consider the vulnerabilities and risks associated with
specific modes of surface transportation;
(D) evaluate the vetting and security training of--
(i) employees in surface transportation; and
(ii) other individuals with access to sensitive or secure
areas of surface transportation networks; and
(E) consider input from--
(i) representatives of different modes of surface
transportation;
(ii) representatives of critical infrastructure entities;
(iii) the Transportation Systems Sector Coordinating
Council; and
(iv) the heads of other relevant Federal departments or
agencies.
(b) Risk-based Surface Transportation Security Strategy.--
(1) In general.--Not later than 180 days after the date the
security assessment under subsection (a) is complete, the
Administrator shall use the results of the assessment--
(A) to develop and implement a cross-cutting, risk-based
surface transportation security strategy that includes--
(i) all surface transportation modes;
(ii) a mitigating strategy that aligns with each
vulnerability and risk identified in subsection (a);
(iii) a planning process to inform resource allocation;
(iv) priorities, milestones, and performance metrics to
measure the effectiveness of the risk-based surface
transportation security strategy; and
[[Page H9023]]
(v) processes for sharing relevant and timely intelligence
threat information with appropriate stakeholders;
(B) to develop a management oversight strategy that--
(i) identifies the parties responsible for the
implementation, management, and oversight of the risk-based
surface transportation security strategy; and
(ii) includes a plan for implementing the risk-based
surface transportation security strategy; and
(C) to modify the risk-based budget and resource
allocations, in accordance with section 1965(c), for the
Transportation Security Administration.
(2) Coordinated approach.--In developing and implementing
the risk-based surface transportation security strategy under
paragraph (1), the Administrator shall coordinate with the
heads of other relevant Federal departments or agencies, and
stakeholders, as appropriate--
(A) to evaluate existing surface transportation security
programs, policies, and initiatives, including the explosives
detection canine teams, for consistency with the risk-based
security strategy and, to the extent practicable, avoid any
unnecessary duplication of effort;
(B) to determine the extent to which stakeholder security
programs, policies, and initiatives address the
vulnerabilities and risks to surface transportation systems
identified in subsection (a); and
(C) subject to subparagraph (B), to mitigate each
vulnerability and risk to surface transportation systems
identified in subsection (a).
(c) Report.--
(1) In general.--Not later than 180 days after the date the
security assessment under subsection (a) is complete, the
Administrator shall submit to the appropriate committees of
Congress and the Inspector General of the Department a report
that--
(A) describes the process used to complete the security
assessment;
(B) describes the process used to develop the risk-based
security strategy;
(C) describes the risk-based security strategy;
(D) includes the management oversight strategy;
(E) includes--
(i) the findings of the security assessment;
(ii) a description of the actions recommended or taken by
the Administrator to mitigate the vulnerabilities and risks
identified in subsection (a), including interagency
coordination;
(iii) any recommendations for improving the coordinated
approach to mitigating vulnerabilities and risks to surface
transportation systems; and
(iv) any recommended changes to the National Infrastructure
Protection Plan, the modal annexes to such plan, or relevant
surface transportation security programs, policies, or
initiatives; and
(F) may contain a classified annex.
(2) Protections.--In preparing the report, the
Administrator shall take appropriate actions to safeguard
information described by section 552(b) of title 5, United
States Code, or protected from disclosure by any other law of
the United States.
(d) Updates.--Not less frequently than semiannually, the
Administrator shall report to or brief the appropriate
committees of Congress on the vulnerabilities of and risks to
surface transportation systems and how those vulnerabilities
and risks affect the risk-based security strategy.
SEC. 1965. RISK-BASED BUDGETING AND RESOURCE ALLOCATION.
(a) Report.--In conjunction with the submission of the
Department's annual budget request to the Office of
Management and Budget, the Administrator shall submit to the
appropriate committees of Congress a report that describes a
risk-based budget and resource allocation plan for surface
transportation sectors, within and across modes, that--
(1) reflects the risk-based surface transportation security
strategy under section 1964(b); and
(2) is organized by appropriations account, program,
project, and initiative.
(b) Budget Transparency.--In submitting the annual budget
of the United States Government under section 1105 of title
31, United States Code, the President shall clearly
distinguish the resources requested for surface
transportation security from the resources requested for
aviation security.
(c) Resource Reallocation.--
(1) In general.--Not later than 15 days after the date on
which the Transportation Security Administration allocates
any resources or personnel, including personnel sharing,
detailing, or assignment, or the use of facilities,
technology systems, or vetting resources, for a
nontransportation security purpose or National Special
Security Event (as defined in section 2001 of Homeland
Security Act of 2002 (6 U.S.C. 601)), the Secretary shall
provide the notification described in paragraph (2) to the
appropriate committees of Congress.
(2) Notification.--A notification described in this
paragraph shall include--
(A) the reason for and a justification of the resource or
personnel allocation;
(B) the expected end date of the resource or personnel
allocation; and
(C) the projected cost to the Transportation Security
Administration of the personnel or resource allocation.
(d) 5-year Capital Investment Plan.--Not later than 180
days after the date of enactment of this Act, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Homeland Security of the House of Representatives a 5-year
capital investment plan, consistent with the 5-year
technology investment plan under section 1611 of title XVI of
the Homeland Security Act of 2002, as amended by section 3 of
the Transportation Security Acquisition Reform Act (Public
Law 113-245; 128 Stat. 2871).
SEC. 1966. SURFACE TRANSPORTATION SECURITY MANAGEMENT AND
INTERAGENCY COORDINATION REVIEW.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) review the staffing, budget, resource, and personnel
allocation, and management oversight strategy of the
Transportation Security Administration's surface
transportation security programs;
(2) review the coordination between relevant entities of
leadership, planning, policy, inspections, and implementation
of security programs relating to surface transportation to
reduce redundancy and regulatory burden; and
(3) submit to the appropriate committees of Congress a
report on the findings of the reviews under paragraphs (1)
and (2), including any recommendations for improving
coordination between relevant entities and reducing
redundancy and regulatory burden.
SEC. 1967. TRANSPARENCY.
(a) Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter, the
Administrator shall publish on a public website information
regarding the status of each regulation relating to surface
transportation security that is directed by law to be issued
and that has not been issued if not less than 2 years have
passed since the date of enactment of the law.
(2) Contents.--The information published under paragraph
(1) shall include--
(A) an updated rulemaking schedule for the outstanding
regulation;
(B) current staff allocations;
(C) data collection or research relating to the development
of the rulemaking;
(D) current efforts, if any, with security experts,
advisory committees, and other stakeholders; and
(E) other relevant details associated with the development
of the rulemaking that impact the progress of the rulemaking.
(b) Inspector General Review.--Not later than 180 days
after the date of enactment of this Act, and every 2 years
thereafter until all of the requirements under titles XIII,
XIV, and XV of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1111 et seq.) and under this
title have been fully implemented, the Inspector General of
the Department shall submit to the appropriate committees of
Congress a report that--
(1) identifies the requirements under such titles of that
Act and under this title that have not been fully
implemented;
(2) describes what, if any, additional action is necessary;
and
(3) includes recommendations regarding whether any of the
requirements under such titles of that Act or this title
should be amended or repealed.
SEC. 1968. TSA COUNTERTERRORISM ASSET DEPLOYMENT.
(a) Counterterrorism Asset Deployment.--
(1) In general.--If the Administrator deploys any
counterterrorism personnel or resource, such as explosive
detection sweeps, random bag inspections, or patrols by
Visible Intermodal Prevention and Response teams, to enhance
security at a transportation system or transportation
facility for a period of not less than 180 consecutive days,
the Administrator shall provide sufficient notification to
the system or facility operator, as applicable, not less than
14 days prior to terminating the deployment.
(2) Exception.--This subsection shall not apply if the
Administrator--
(A) determines there is an urgent security need for the
personnel or resource described in paragraph (1); and
(B) notifies the appropriate committees of Congress of the
determination under subparagraph (A).
(b) VIPR Teams.--Section 1303 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1112) is amended--
(1) in subsection (a)(4), by striking ``team,'' and
inserting ``team as to specific locations and times within
the facilities of such entities at which VIPR teams are to be
deployed to maximize the effectiveness of such deployment,'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Performance Measures.--Not later than 1 year after
the date of enactment of the TSA Modernization Act, the
Administrator shall develop and implement a system of
qualitative performance measures and objectives by which to
assess the roles, activities, and effectiveness of VIPR team
operations on an ongoing basis, including a mechanism through
which the transportation entities referred to in subsection
(a)(4) may submit feedback on VIPR team operations involving
their systems or facilities.
``(c) Plan.--Not later than 1 year after the date of the
enactment of the TSA Modernization Act, the Administrator
shall develop
[[Page H9024]]
and implement a plan for ensuring the interoperability of
communications among VIPR team participants and between VIPR
teams and any transportation entities with systems or
facilities that are involved in VIPR team operations. Such
plan shall include an analysis of the costs and resources
required to carry out such plan.''.
SEC. 1969. SURFACE TRANSPORTATION SECURITY ADVISORY
COMMITTEE.
(a) In General.--Subtitle A of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``SEC. 404. SURFACE TRANSPORTATION SECURITY ADVISORY
COMMITTEE.
``(a) Establishment.--The Administrator of the
Transportation Security Administration (referred to in this
section as `Administrator') shall establish within the
Transportation Security Administration the Surface
Transportation Security Advisory Committee (referred to in
this section as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee may advise,
consult with, report to, and make recommendations to the
Administrator on surface transportation security matters,
including the development, refinement, and implementation of
policies, programs, initiatives, rulemakings, and security
directives pertaining to surface transportation security.
``(2) Risk-based security.--The Advisory Committee shall
consider risk-based security approaches in the performance of
its duties.
``(c) Membership.--
``(1) Composition.--The Advisory Committee shall be
composed of--
``(A) voting members appointed by the Administrator under
paragraph (2); and
``(B) nonvoting members, serving in an advisory capacity,
who shall be designated by--
``(i) the Transportation Security Administration;
``(ii) the Department of Transportation;
``(iii) the Coast Guard; and
``(iv) such other Federal department or agency as the
Administrator considers appropriate.
``(2) Appointment.--The Administrator shall appoint voting
members from among stakeholders representing each mode of
surface transportation, such as passenger rail, freight rail,
mass transit, pipelines, highways, over-the-road bus, school
bus industry, and trucking, including representatives from--
``(A) associations representing such modes of surface
transportation;
``(B) labor organizations representing such modes of
surface transportation;
``(C) groups representing the users of such modes of
surface transportation, including asset manufacturers, as
appropriate;
``(D) relevant law enforcement, first responders, and
security experts; and
``(E) such other groups as the Administrator considers
appropriate.
``(3) Chairperson.--The Advisory Committee shall select a
chairperson from among its voting members.
``(4) Term of office.--
``(A) Terms.--
``(i) In general.--The term of each voting member of the
Advisory Committee shall be 2 years, but a voting member may
continue to serve until the Administrator appoints a
successor.
``(ii) Reappointment.--A voting member of the Advisory
Committee may be reappointed.
``(B) Removal.--
``(i) In general.--The Administrator may review the
participation of a member of the Advisory Committee and
remove such member for cause at any time.
``(ii) Access to information.--The Administrator may remove
any member of the Advisory Committee that the Administrator
determines should be restricted from reviewing, discussing,
or possessing classified information or sensitive security
information.
``(5) Prohibition on compensation.--The members of the
Advisory Committee shall not receive any compensation from
the Government by reason of their service on the Advisory
Committee.
``(6) Meetings.--
``(A) In general.--The Administrator shall require the
Advisory Committee to meet at least semiannually in person or
through web conferencing and may convene additional meetings
as necessary.
``(B) Public meetings.--At least 1 of the meetings of the
Advisory Committee each year shall be--
``(i) announced in the Federal Register;
``(ii) announced on a public website; and
``(iii) open to the public.
``(C) Attendance.--The Advisory Committee shall maintain a
record of the persons present at each meeting.
``(D) Minutes.--
``(i) In general.--Unless otherwise prohibited by other
Federal law, minutes of the meetings shall be published on
the public website under subsection (e)(5).
``(ii) Protection of classified and sensitive
information.--The Advisory Committee may redact or summarize,
as necessary, minutes of the meetings to protect classified
or other sensitive information in accordance with law.
``(7) Voting member access to classified and sensitive
security information.--
``(A) Determinations.--Not later than 60 days after the
date on which a voting member is appointed to the Advisory
Committee and before that voting member may be granted any
access to classified information or sensitive security
information, the Administrator shall determine if the voting
member should be restricted from reviewing, discussing, or
possessing classified information or sensitive security
information.
``(B) Access.--
``(i) Sensitive security information.--If a voting member
is not restricted from reviewing, discussing, or possessing
sensitive security information under subparagraph (A) and
voluntarily signs a nondisclosure agreement, the voting
member may be granted access to sensitive security
information that is relevant to the voting member's service
on the Advisory Committee.
``(ii) Classified information.--Access to classified
materials shall be managed in accordance with Executive Order
13526 of December 29, 2009 (75 Fed. Reg. 707), or any
subsequent corresponding Executive order.
``(C) Protections.--
``(i) Sensitive security information.--Voting members shall
protect sensitive security information in accordance with
part 1520 of title 49, Code of Federal Regulations.
``(ii) Classified information.--Voting members shall
protect classified information in accordance with the
applicable requirements for the particular level of
classification.
``(8) Joint committee meetings.--The Advisory Committee may
meet with 1 or more of the following advisory committees to
discuss multimodal security issues and other security-related
issues of common concern:
``(A) Aviation Security Advisory Committee established
under section 44946 of title 49, United States Code.
``(B) Maritime Security Advisory Committee established
under section 70112 of title 46, United States Code.
``(C) Railroad Safety Advisory Committee established by the
Federal Railroad Administration.
``(9) Subject matter experts.--The Advisory Committee may
request the assistance of subject matter experts with
expertise related to the jurisdiction of the Advisory
Committee.
``(d) Reports.--
``(1) Periodic reports.--The Advisory Committee shall
periodically submit reports to the Administrator on matters
requested by the Administrator or by a majority of the
members of the Advisory Committee.
``(2) Annual report.--
``(A) Submission.--The Advisory Committee shall submit to
the Administrator and the appropriate congressional
committees an annual report that provides information on the
activities, findings, and recommendations of the Advisory
Committee during the preceding year.
``(B) Publication.--Not later than 6 months after the date
that the Administrator receives an annual report under
subparagraph (A), the Administrator shall publish a public
version of the report, in accordance with section 552a(b) of
title 5, United States Code.
``(e) Administration Response.--
``(1) Consideration.--The Administrator shall consider the
information, advice, and recommendations of the Advisory
Committee in formulating policies, programs, initiatives,
rulemakings, and security directives pertaining to surface
transportation security.
``(2) Feedback.--Not later than 90 days after the date that
the Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2), the Administrator shall
submit to the Advisory Committee written feedback on the
recommendation, including--
``(A) if the Administrator agrees with the recommendation,
a plan describing the actions that the Administrator has
taken, will take, or recommends that the head of another
Federal department or agency take to implement the
recommendation; or
``(B) if the Administrator disagrees with the
recommendation, a justification for that determination.
``(3) Notices.--Not later than 30 days after the date the
Administrator submits feedback under paragraph (2), the
Administrator shall--
``(A) notify the appropriate congressional committees of
the feedback, including the determination under subparagraph
(A) or subparagraph (B) of that paragraph, as applicable; and
``(B) provide the appropriate congressional committees with
a briefing upon request.
``(4) Updates.--Not later than 90 days after the date the
Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2) that the Administrator
agrees with, and quarterly thereafter until the
recommendation is fully implemented, the Administrator shall
submit a report to the appropriate congressional committees
or post on the public website under paragraph (5) an update
on the status of the recommendation.
``(5) Website.--The Administrator shall maintain a public
website that--
``(A) lists the members of the Advisory Committee; and
``(B) provides the contact information for the Advisory
Committee.
``(f) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee or any subcommittee established under this
section.''.
(b) Advisory Committee Members.--
(1) Voting members.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall appoint the
voting
[[Page H9025]]
members of the Surface Transportation Security Advisory
Committee established under section 404 of the Homeland
Security Act of 2002, as added by subsection (a) of this
section.
(2) Nonvoting members.--Not later than 90 days after the
date of enactment of this Act, each Federal Government
department and agency with regulatory authority over a mode
of surface or maritime transportation, as the Administrator
considers appropriate, shall designate an appropriate
representative to serve as a nonvoting member of the Surface
Transportation Security Advisory Committee.
(c) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 403 the following:
``Sec. 404. Surface Transportation Security Advisory Committee.''.
SEC. 1970. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM
PROGRAM.
(a) In General.--Not later than 90 days after the date that
the Inspector General of the Department receives the report
under section 1964(c), the Inspector General of the
Department shall--
(1) review the explosives detection canine team program,
including--
(A) the development by the Transportation Security
Administration of a deployment strategy for explosives
detection canine teams;
(B) the national explosives detection canine team training
program, including canine training, handler training,
refresher training, and updates to such training;
(C) the use of the canine assets during an urgent security
need, including the reallocation of such program resources
outside the transportation systems sector during an urgent
security need; and
(D) the monitoring and tracking of canine assets; and
(2) submit to the appropriate committees of Congress a
report on the review, including any recommendations.
(b) Considerations.--In conducting the review of the
deployment strategy under subsection (a)(1)(A), the Inspector
General shall consider whether the Transportation Security
Administration's method to analyze the risk to transportation
facilities and transportation systems is appropriate.
SEC. 1971. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE
TEAM PROGRAM.
(a) In General.--The Secretary, where appropriate, shall
encourage State, local, and tribal governments and private
owners of high-risk transportation facilities to strengthen
security through the use of explosives detection canine
teams.
(b) Increased Capacity.--
(1) In general.--Before the date the Inspector General of
the Department submits the report under section 1970, the
Administrator may increase the number of State and local
surface and maritime transportation canines by not more than
70 explosives detection canine teams.
(2) Additional teams.--Beginning on the date the Inspector
General of the Department submits the report under section
1970, the Secretary may increase the State and local surface
and maritime transportation canines up to 200 explosives
detection canine teams unless more are identified in the
risk-based surface transportation security strategy under
section 1964, consistent with section 1965 or with the
President's most recent budget submitted under section 1105
of title 31, United States Code.
(3) Recommendations.--Before initiating any increase in the
number of explosives detection teams under paragraph (2), the
Secretary shall consider any recommendations in the report
under section 1970 on the efficacy and management of the
explosives detection canine program.
(c) Deployment.--The Secretary shall--
(1) use the additional explosives detection canine teams,
as described in subsection (b)(1), as part of the
Department's efforts to strengthen security across the
Nation's surface and maritime transportation networks;
(2) make available explosives detection canine teams to all
modes of transportation, subject to the requirements under
section 1968, to address specific vulnerabilities or risks,
on an as-needed basis and as otherwise determined appropriate
by the Secretary; and
(3) consider specific needs and training requirements for
explosives detection canine teams to be deployed across the
Nation's surface and maritime transportation networks,
including in venues of multiple modes of transportation, as
the Secretary considers appropriate.
(d) Authorization.--There are authorized to be appropriated
to the Secretary to the extent of appropriations to carry out
this section for each of fiscal years 2019 through 2021.
SEC. 1972. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR
PASSENGER TRANSPORTATION SYSTEMS.
(a) Security Standards and Best Practices for United States
and Foreign Passenger Transportation Systems.--The
Comptroller General of the United States shall conduct a
study of how the Transportation Security Administration--
(1) identifies and compares--
(A) United States and foreign passenger transportation
security standards; and
(B) best practices for protecting passenger transportation
systems, including shared terminal facilities, and cyber
systems; and
(2) disseminates the findings under paragraph (1) to
stakeholders.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall issue a
report that contains--
(1) the findings of the study conducted under subsection
(a); and
(2) any recommendations for improving the relevant
processes or procedures.
SEC. 1973. AMTRAK SECURITY UPGRADES.
(a) Railroad Security Assistance.--Section 1513(b) of the
Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1163(b)) is amended--
(1) in paragraph (1), by striking the period at the end and
inserting ``, including communications interoperability where
appropriate with relevant outside agencies and entities.'';
(2) in paragraph (5), by striking ``security of'' and
inserting ``security and preparedness of'';
(3) in paragraph (7), by striking ``security threats'' and
inserting ``security threats and preparedness, including
connectivity to the National Terrorist Screening Center'';
and
(4) in paragraph (9), by striking ``and security officers''
and inserting ``, security, and preparedness officers''.
(b) Specific Projects.--Section 1514(a)(3) of the
Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1164(a)(3)) is amended--
(1) in subparagraph (D) by inserting ``, or to connect to
the National Terrorism Screening Center watchlist'' after
``Secretary'';
(2) in subparagraph (G), by striking ``; and'' at the end
and inserting a semicolon;
(3) in subparagraph (H) by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(I) for improvements to passenger verification systems;
``(J) for improvements to employee and contractor
verification systems, including identity verification
technology; or
``(K) for improvements to the security of Amtrak computer
systems, including cybersecurity assessments and programs.''.
SEC. 1974. PASSENGER RAIL VETTING.
(a) In General.--Not later than 180 days after the date on
which the Amtrak Board of Directors submits a request to the
Administrator, the Administrator shall issue a decision on
the use by Amtrak of the Transportation Security
Administration's Secure Flight Program or a similar passenger
vetting system to enhance passenger rail security.
(b) Considerations.--In making a decision under subsection
(a), the Administrator shall--
(1) consider the technological, privacy, operational, and
security impacts of such a decision; and
(2) describe such impacts in any strategic plan developed
under subsection (c).
(c) Strategic Plan.--If the Administrator decides to grant
the request by Amtrak under subsection (a), the decision
shall include a strategic plan for working with rail
stakeholders to enhance passenger rail security by--
(1) vetting passengers using terrorist watch lists
maintained by the Federal Government or a similar passenger
vetting system maintained by the Transportation Security
Administration; and
(2) where applicable and in consultation with the
Commissioner of U.S. Customs and Border Protection, assessing
whether the vetting process should be integrated into
preclearance operations established under section 813 of the
Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4432).
(d) Notices.--The Administrator shall notify the
appropriate committees of Congress of any decision made under
subsection (a) and the details of the strategic plan under
subsection (c).
(e) Rule of Construction.--Nothing in this section shall be
construed to limit the Administrator's authority to set the
access to, or terms and conditions of using, the Secure
Flight Program or a similar passenger vetting system.
SEC. 1975. STUDY ON SURFACE TRANSPORTATION INSPECTORS.
(a) Strategy.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees and the Comptroller
General of the United States a strategy to guide operations
of surface transportation security inspectors that addresses
the following:
(1) Any limitations in data systems for such inspectors, as
identified by the Comptroller General.
(2) Alignment of operations with risk assessment findings,
including an approach to identifying and prioritizing
entities and locations for inspections.
(3) Measurable objectives for the surface transportation
security inspectors program.
(b) GAO Review.--Not later than 180 days after the date the
strategy under subsection (a) is submitted, the Comptroller
General of the United States shall review such strategy and,
as appropriate, issue recommendations.
SEC. 1976. SECURITY AWARENESS PROGRAM.
(a) Establishment.--The Administrator shall establish a
program to promote surface transportation security through
the training of surface transportation operators and
frontline employees on each of the skills identified in
subsection (c).
[[Page H9026]]
(b) Application.--The program established under subsection
(a) shall apply to all modes of surface transportation,
including public transportation, rail, highway, motor
carrier, and pipeline.
(c) Training.--The program established under subsection (a)
shall cover, at a minimum, the skills necessary to recognize,
assess, and respond to suspicious items or actions that could
indicate a threat to transportation.
(d) Assessment.--
(1) In general.--The Administrator shall conduct an
assessment of current training programs for surface
transportation operators and frontline employees.
(2) Contents.--The assessment shall identify--
(A) whether other training is being provided, either
voluntarily or in response to other Federal requirements; and
(B) whether there are any gaps in existing training.
(e) Updates.--The Administrator shall ensure the program
established under subsection (a) is updated as necessary to
address changes in risk and terrorist methods and to close
any gaps identified in the assessment under subsection (d).
(f) Suspicious Activity Reporting.--
(1) In general.--The Secretary shall maintain a national
telephone number for an individual to use to report
suspicious activity under this section to the Administration.
(2) Procedures.--The Administrator shall establish
procedures for the Administration--
(A) to review and follow-up, as necessary, on each report
received under paragraph (1); and
(B) to share, as necessary and in accordance with law, the
report with appropriate Federal, State, local, and tribal
entities.
(3) Rule of construction.--Nothing in this section may be
construed to--
(A) replace or affect in any way the use of 9-1-1 services
in an emergency; or
(B) replace or affect in any way the security training
program requirements specified in sections 1408, 1517, and
1534 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1137, 1167, 1184).
(g) Definition of Frontline Employee.--In this section, the
term ``frontline employee'' includes--
(1) an employee of a public transportation agency who is a
transit vehicle driver or operator, dispatcher, maintenance
and maintenance support employee, station attendant, customer
service employee, security employee, or transit police, or
any other employee who has direct contact with riders on a
regular basis, and any other employee of a public
transportation agency that the Administrator determines
should receive security training under this section or that
is receiving security training under other law;
(2) over-the-road bus drivers, security personnel,
dispatchers, maintenance and maintenance support personnel,
ticket agents, other terminal employees, and other employees
of an over-the-road bus operator or terminal owner or
operator that the Administrator determines should receive
security training under this section or that is receiving
security training under other law; or
(3) security personnel, dispatchers, locomotive engineers,
conductors, trainmen, other onboard employees, maintenance
and maintenance support personnel, bridge tenders, and any
other employees of railroad carriers that the Administrator
determines should receive security training under this
section or that is receiving security training under other
law.
SEC. 1977. VOLUNTARY USE OF CREDENTIALING.
(a) In General.--An applicable individual who is subject to
credentialing or a background investigation may satisfy that
requirement by obtaining a valid transportation security
card.
(b) Issuance of Cards.--The Secretary of Homeland
Security--
(1) shall expand the transportation security card program,
consistent with section 70105 of title 46, United States
Code, to allow an applicable individual who is subject to
credentialing or a background investigation to apply for a
transportation security card; and
(2) may charge reasonable fees, in accordance with section
520(a) of the Department of Homeland Security Appropriations
Act, 2004 (6 U.S.C. 469(a)), for providing the necessary
credentialing and background investigation.
(c) Vetting.--The Administrator shall develop and implement
a plan to utilize, in addition to any background check
required for initial issue, the Federal Bureau of
Investigation's Rap Back Service and other vetting tools as
appropriate, including the No-Fly and Selectee lists, to get
immediate notification of any criminal activity relating to
any person with a valid transportation security card.
(d) Definitions.--In this section:
(1) Applicable individual who is subject to credentialing
or a background investigation.--The term ``applicable
individual who is subject to credentialing or a background
investigation'' means only an individual who--
(A) because of employment is regulated by the
Transportation Security Administration, Department of
Transportation, or Coast Guard and is required to have a
background records check to obtain a hazardous materials
endorsement on a commercial driver's license issued by a
State under section 5103a of title 49, United States Code; or
(B) is required to have a credential and background records
check under section 2102(d)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 622(d)(2)) at a facility with activities
that are regulated by the Transportation Security
Administration, Department of Transportation, or Coast Guard.
(2) Valid transportation security card.--The term ``valid
transportation security card'' means a transportation
security card that is--
(A) issued under section 70105 of title 46, United States
Code;
(B) not expired;
(C) shows no signs of tampering; and
(D) bears a photograph of the individual representing such
card.
SEC. 1978. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT
LICENSES.
(a) Issuance of Licenses.--Section 5103a(a)(1) is amended--
(1) by striking ``unless'' and inserting ``unless--'';
(2) by striking ``the Secretary of Homeland Security'' and
inserting the following:
``(A) ``the Secretary of Homeland Security'';'';
(3) in subparagraph (A), as designated by paragraph (2) of
this subsection, by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following:
``(B) the individual holds a valid transportation security
card issued under section 70105 of title 46.''.
(b) Transportation Security Card.--Section 5103a(d)(1) is
amended, in the matter preceding subparagraph (A), by
striking ``described in subsection (a)(1)'' and inserting
``under subsection (a)(1)(A)''.
SEC. 1979. CARGO CONTAINER SCANNING TECHNOLOGY REVIEW.
(a) Designations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and not less frequently than once
every 5 years thereafter until the date of full-scale
implementation of 100 percent screening of cargo containers
and 100 percent scanning of high-risk containers required
under section 232 of the SAFE Port Act (6 U.S.C. 982), the
Secretary shall solicit proposals for scanning technologies,
consistent with the standards under subsection (b)(8) of that
section, to improve scanning of cargo at domestic ports.
(2) Evaluation.--In soliciting proposals under paragraph
(1), the Secretary shall establish measures to assess the
performance of the proposed scanning technologies,
including--
(A) the rate of false positives;
(B) the delays in processing times; and
(C) the impact on the supply chain.
(b) Pilot Program.--
(1) Establishment.--The Secretary may establish a pilot
program to determine the efficacy of a scanning technology
referred to in subsection (a).
(2) Application process.--In carrying out the pilot program
under this subsection, the Secretary shall--
(A) solicit applications from domestic ports;
(B) select up to 4 domestic ports to participate in the
pilot program; and
(C) select ports with unique features and differing levels
of trade volume.
(3) Report.--Not later than 1 year after initiating a pilot
program under paragraph (1), the Secretary shall submit to
the appropriate committees of Congress a report on the pilot
program, including--
(A) an evaluation of the scanning technologies proposed to
improve security at domestic ports and to meet the full-scale
implementation requirement;
(B) the costs to implement a pilot program;
(C) the benefits of the proposed scanning technologies;
(D) the impact of the pilot program on the supply chain;
and
(E) recommendations for implementation of advanced cargo
scanning technologies at domestic ports.
(4) Sharing pilot program testing results.--The results of
the pilot testing of advanced cargo scanning technologies
shall be shared, as appropriate, with government agencies and
private stakeholders whose responsibilities encompass the
secure transport of cargo.
SEC. 1980. PIPELINE SECURITY STUDY.
(a) Study.--The Comptroller General of the United States
shall conduct a study regarding the roles and
responsibilities of the Department of Homeland Security and
the Department of Transportation with respect to pipeline
security.
(b) Contents.--The study under subsection (a) shall
examine--
(1) whether the Annex to the Memorandum of Understanding
executed on August 9, 2006, between the Department of
Homeland Security and the Department of Transportation
adequately delineates strategic and operational
responsibilities for pipeline security, including whether it
is clear which department is responsible for--
(A) protecting against intentional pipeline breaches and
cyber attacks;
(B) responding to intentional pipeline breaches and cyber
attacks; and
(C) planning to recover from the impact of intentional
pipeline breaches and cyber attacks;
(2) whether the respective roles and responsibilities of
each department are adequately conveyed to relevant
stakeholders and to the public;
[[Page H9027]]
(3) whether the processes and procedures for determining
whether a particular pipeline breach is a terrorist incident
are clear and effective;
(4) whether, and if so how, pipeline sector stakeholders
share security-related information;
(5) the guidance pipeline operators report use to address
security risks and the extent to which the TSA ensures its
guidelines reflect the current threat environment;
(6) the extent to which the TSA has assessed security risks
to pipeline systems; and
(7) the extent to which the TSA has assessed its
effectiveness in reducing pipeline security risks.
(c) Report on Study.--Not later than 180 days after the
date of enactment of the TSA Modernization Act, the
Comptroller General of the United States shall submit to the
Secretary of Homeland Security and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives a report
containing the findings of the study under subsection (a).
(d) Report to Congress.--Not later than 90 days after the
date the report under subsection (c) is submitted, the
Secretary of Homeland Security shall review and analyze the
study and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
such review and analysis, including any recommendations for--
(1) changes to the Annex to the Memorandum of Understanding
referred to in subsection (b)(1); and
(2) other improvements to pipeline security activities at
the Department.
SEC. 1981. FEASIBILITY ASSESSMENT.
(a) Emerging Issues.--Not later than 180 days after the
date of enactment of this Act, the Secretary, acting through
the Administrator and in coordination with the Under
Secretary for Science and Technology of the Department of
Homeland Security, shall submit to the appropriate committees
of Congress a feasibility assessment of modifying the
security of surface transportation assets by--
(1) introducing next generation technologies to be
integrated into systems of surface transportation assets to
detect explosives, including through the deployment of mobile
explosives detection technologies to conduct risk-based
passenger and property screening at such systems;
(2) providing surface transportation asset operators with
access to the Transportation Security Administration's Secure
Flight Program or a similar passenger vetting system
maintained by the Transportation Security Administration;
(3) deploying a credential authentication technology or
other means of identification document inspection to high-
risk surface transportation assets to assist operators
conducting passenger vetting; and
(4) deploying scalable, cost-effective technology solutions
to detect chemical, biological, radiological, nuclear, or
explosive threats within high-risk surface transportation
assets that are capable of passive, continuous, and real-time
sensing and detection of, and alerting passengers and
operating personnel to, the presence of such a threat.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Secretary, acting through the
Administrator and in coordination with the Under Secretary
for Science and Technology of the Department of Homeland
Security, shall address the technological, privacy,
operational, passenger facilitation, and public acceptance
considerations involved with each security measure
contemplated in such assessment.
SEC. 1982. BEST PRACTICES TO SECURE AGAINST VEHICLE-BASED
ATTACKS.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall disseminate best practices to
public and private stakeholders regarding how to enhance
transportation security against the threat of a vehicle-based
terrorist attack.
SEC. 1983. SURFACE TRANSPORTATION STAKEHOLDER SURVEY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall begin conducting a
survey of public and private stakeholders responsible for
securing surface transportation assets regarding resource
challenges, including the availability of Federal funding,
associated with securing such assets that provides an
opportunity for respondents to set forth information on
specific unmet needs.
(b) Report.--Not later than 120 days after beginning the
survey required under subsection (a), the Secretary shall
report to the appropriate committees of Congress regarding
the results of such survey and the Department of Homeland
Security's efforts to address any identified security
vulnerabilities.
SEC. 1984. NUCLEAR MATERIAL AND EXPLOSIVE DETECTION
TECHNOLOGY.
The Secretary, in coordination with the Director of the
National Institute of Standards and Technology and the head
of each relevant Federal department or agency researching
nuclear material detection systems or explosive detection
systems, shall research, facilitate, and, to the extent
practicable, deploy next generation technologies, including
active neutron interrogation, to detect nuclear material and
explosives in transportation systems and transportation
facilities.
Subtitle H--Transportation Security
SEC. 1985. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY
REVIEW.
(a) GAO Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall evaluate the degree to which the most recent
National Strategy for Transportation Security, as updated,
under section 114(s) of title 49, United States Code, is
reflected in relevant Federal transportation security
programs, budgets, research, staffing levels, and related
activities.
(2) Considerations.--In conducting the evaluation under
paragraph (1), the Comptroller General shall consider the
degree to which--
(A) the strategy is sufficiently forward-looking to guide
future Federal efforts relating to transportation security;
(B) Federal transportation security programs, budgets,
research, staffing levels, and related activities for fiscal
year 2019 and subsequent fiscal years would be guided by the
strategy; and
(C) any annual progress reports submitted to Congress under
that section after the strategy is submitted would provide
information on the degree to which that strategy guides
Federal efforts relating to transportation security.
SEC. 1986. RISK SCENARIOS.
(a) In General.--The Administrator shall annually develop,
consistent with the transportation modal security plans
required under section 114(s) of title 49, United States
Code, risk-based priorities based on risk assessments
conducted or received by the Secretary across all
transportation modes that consider threats, vulnerabilities,
and consequences.
(b) Scenarios.--The Administrator shall ensure that the
risk-based priorities identified under subsection (a) are
informed by an analysis of terrorist attack scenarios for
each transportation mode, including cyber-attack scenarios
and intelligence and open source information about current
and evolving threats.
(c) Report.--Not later than 120 days after the date that
annual risk-based priorities are developed under subsection
(a), the Administrator shall submit to the appropriate
committees of Congress a report that includes the following:
(1) Copies of the risk assessments for each transportation
mode.
(2) A summary that ranks the risks within and across modes.
(3) A description of the risk-based priorities for securing
the transportation sector that identifies and prioritizes the
greatest security needs of such transportation sector, both
across and within modes, in the order that such priorities
should be addressed.
(4) Information on the underlying methodologies used to
assess risks across and within each transportation mode and
the basis for any assumptions regarding threats,
vulnerabilities, and consequences made in assessing and
prioritizing risks within each such mode and across modes.
(d) Classification.--The information provided under
subsection (c) may be submitted in a classified format or
unclassified format, as the Administrator considers
appropriate.
SEC. 1987. INTEGRATED AND UNIFIED OPERATIONS CENTERS. --
(a) Framework.--Not later than 120 days after the date of
enactment of this Act, the Administrator, in consultation
with the heads of other appropriate offices or components of
the Department, shall make available to public and private
stakeholders a framework for establishing an integrated and
unified operations center responsible for overseeing daily
operations of a transportation facility that promotes
coordination for responses to terrorism, serious incidents,
and other purposes, as determined appropriate by the
Administrator.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress regarding the
establishment and activities of integrated and unified
operations centers at transportation facilities at which the
TSA has a presence.
SEC. 1988. NATIONAL DEPLOYMENT FORCE.
(a) In General.--Subchapter II of chapter 449, as amended
by section 1943 of this Act, is further amended by adding at
the end the following:
``SEC. 44948. NATIONAL DEPLOYMENT OFFICE.
``(a) Establishment.--There is established within the
Transportation Security Administration a National Deployment
Office, to be headed by an individual with supervisory
experience. Such individual shall be designated by the
Administrator of the Transportation Security Administration.
``(b) Duties.--The individual designated as the head of the
National Deployment Office shall be responsible for the
following:
``(1) Maintaining a National Deployment Force within the
Transportation Security Administration, including
transportation security officers, supervisory transportation
security officers and lead transportation security officers,
to provide the Administration with rapid and efficient
response capabilities and augment the Department of Homeland
Security's homeland security operations to mitigate and
reduce risk, including for the following:
[[Page H9028]]
``(A) Airports temporarily requiring additional security
personnel due to an emergency, seasonal demands, hiring
shortfalls, severe weather conditions, passenger volume
mitigation, equipment support, or other reasons.
``(B) Special events requiring enhanced security including
National Special Security Events, as determined by the
Secretary of Homeland Security.
``(C) Response in the aftermath of any manmade disaster,
including any terrorist attack.
``(D) Other such situations, as determined by the
Administrator.
``(2) Educating transportation security officers regarding
how to participate in the Administration's National
Deployment Force.
``(3) Recruiting officers to serve on the National
Deployment Force, in accordance with a staffing model to be
developed by the Administrator.
``(4) Approving 1-year appointments for officers to serve
on the National Deployment Force, with an option to extend
upon officer request and with the approval of the appropriate
Federal Security Director.
``(5) Training officers to serve on the National Deployment
Force.''.
(b) Table of Contents.--The table of contents of subchapter
II of chapter 449, as amended by section 1943 of this Act, is
further amended by adding after the item relating to section
44947 the following:
``44948. National Deployment Office.''.
(c) Conforming Amendment.--Section 114(f), as amended by
section 1904 of this Act, is further amended--
(1) in paragraph (14), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following:
``(15) establish and maintain a National Deployment Office
as required under section 44948 of this title; and''.
(d) Career Development.--The Administrator may consider
service in the National Deployment Force as a positive factor
when evaluating applicants for promotion opportunities within
the TSA.
(e) Report.--Not later than 1 year after the date of
enactment of this Act and annually thereafter for 5 years,
the Administrator shall submit to the appropriate committees
of Congress a report regarding activities of the National
Deployment Office, including the National Deployment Force,
established under section 44948 of title 49, United States
Code. Each such report shall include information relating to
the following:
(1) When, where, why, how many, and for how long the
National Deployment Force was deployed throughout the 12-
month period covered by such report and the costs associated
with such deployment.
(2) A description of collaboration between the National
Deployment Office and other components of the Department,
other Federal agencies, and State and local transportation
security stakeholders.
(3) The size of the National Deployment Force, including
information on the staffing model of the National Deployment
Force and adherence to such model as established by the
Administrator.
(4) Information on recruitment, appointment, and training
activities, including processes utilized to attract, recruit,
appoint, and train officers to serve on the National
Deployment Force.
SEC. 1989. INFORMATION SHARING AND CYBERSECURITY.
(a) Federal Security Directors.--Section 44933 is amended
by adding at the end the following:
``(c) Information Sharing.--Not later than 1 year after the
date of the enactment of the TSA Modernization Act, the
Administrator shall--
``(1) require each Federal Security Director of an airport
to meet at least quarterly with the airport director, airport
security coordinator, and law enforcement agencies serving
each such airport to discuss incident management protocols,
including the resolution of screening anomalies at passenger
screening checkpoints; and
``(2) require each Federal Security Director at an airport
to inform, consult, and coordinate, as appropriate, with the
respective airport security coordinator in a timely manner on
security matters impacting airport operations and to
establish and maintain operational protocols with such
airport operators to ensure coordinated responses to security
matters.''.
(b) Plan to Improve Information Sharing.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a plan
to improve intelligence information sharing with State and
local transportation entities that includes best practices to
ensure that the information shared is actionable, useful, and
not redundant.
(2) Contents.--The plan required under paragraph (1) shall
include the following:
(A) The incorporation of best practices for information
sharing.
(B) The identification of areas of overlap and redundancy.
(C) An evaluation and incorporation of stakeholder input in
the development of such plan.
(D) The integration of any recommendations of the
Comptroller General of the United States on information
sharing.
(3) Solicitation.--The Administrator shall solicit on an
annual basis input from appropriate stakeholders, including
State and local transportation entities, on the quality and
quantity of intelligence received by such stakeholders
relating to information sharing.
(c) Best Practices Sharing.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
mechanism to share with State and local transportation
entities best practices from across the law enforcement
spectrum, including Federal, State, local, and tribal
entities, that relate to employee training, employee
professional development, technology development and
deployment, hardening tactics, and passenger and employee
awareness programs.
(2) Consultation.--The Administrator shall solicit and
incorporate stakeholder input--
(A) in developing the mechanism for sharing best practices
as required under paragraph (1); and
(B) not less frequently than annually on the quality and
quantity of information such stakeholders receive through the
mechanism established under such paragraph.
(d) Cybersecurity.--
(1) In general.--The Administrator, in consultation with
the Secretary, shall--
(A) not later than 120 days after the date of enactment of
this Act, implement the Framework for Improving Critical
Infrastructure Cybersecurity (referred to in this section as
the ``Framework'' developed by the National Institute of
Standards and Technology, and any update to such Framework
under section 2 of the National Institute of Standards and
Technology Act (15 U.S.C. 272), to manage the agency's
cybersecurity risks; and
(B) evaluate, on a periodic basis, but not less often than
biennially, the use of the Framework under subparagraph (A).
(2) Cybersecurity enhancements to aviation security
activities.--The Secretary, in consultation with the
Secretary of Transportation, shall, upon request, conduct
cybersecurity vulnerability assessments for airports and air
carriers.
(3) TSA trusted traveler and credentialing program cyber
evaluation.--
(A) Evaluation required.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall--
(i) evaluate the cybersecurity of TSA trusted traveler and
credentialing programs that contain personal information of
specific individuals or information that identifies specific
individuals, including the Transportation Worker
Identification Credential and PreCheck programs;
(ii) identify any cybersecurity risks under the programs
described in clause (i); and
(iii) develop remediation plans to address the
cybersecurity risks identified under clause (ii).
(B) Submission to congress.--Not later than 30 days after
the date the evaluation under subparagraph (A) is complete,
the Secretary shall submit to the appropriate committees of
Congress information relating to such evaluation, including
any cybersecurity vulnerabilities identified and remediation
plans to address such vulnerabilities. Such submission shall
be provided in a classified form.
(4) Definitions.--In this subsection, the terms
``cybersecurity risk'' and ``incident'' have the meanings
given the terms in section 227 of the Homeland Security Act
of 2002 (6 U.S.C. 148).
SEC. 1990. SECURITY TECHNOLOGIES TIED TO FOREIGN THREAT
COUNTRIES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate committees
of Congress an assessment of terrorist and other threats to
the transportation sector, including surface transportation
assets, posed by the use of security technologies, including
software and networked technologies, developed or
manufactured by firms that are owned or closely linked to the
governments of countries that are known to pose a cyber or
homeland security threat.
Subtitle I--Conforming and Miscellaneous Amendments
SEC. 1991. TITLE 49 AMENDMENTS.
(a) Deletion of Duties Related to Aviation Security.--
Section 106(g) is amended to read as follows:
``(g) Duties and Powers of Administrator.--The
Administrator shall carry out the following:
``(1) Duties and powers of the Secretary of Transportation
under subsection (f) of this section related to aviation
safety (except those related to transportation, packaging,
marking, or description of hazardous material) and stated in
the following:
``(A) Section 308(b).
``(B) Subsections (c) and (d) of section 1132.
``(C) Sections 40101(c), 40103(b), 40106(a), 40108,
40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and
40114(a).
``(D) Chapter 445, except sections 44501(b), 44502(a)(2),
44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514,
and 44515.
``(E) Chapter 447, except sections 44717, 44718(a),
44718(b), 44719, 44720, 44721(b), 44722, and 44723.
``(F) Chapter 451.
``(G) Chapter 453.
``(H) Section 46104.
``(I) Subsections (d) and (h)(2) of section 46301 and
sections 46303(c), 46304 through 46308, 46310, 46311, and
46313 through 46316.
[[Page H9029]]
``(J) Chapter 465.
``(K) Sections 47504(b) (related to flight procedures),
47508(a), and 48107.
``(2) Additional duties and powers prescribed by the
Secretary of Transportation.''.
(b) Transportation Security Oversight Board.--Section 115
is amended--
(1) in subsection (c)(1), by striking ``Under Secretary of
Transportation for security'' and inserting ``Administrator
of the Transportation Security Administration''; and
(2) in subsection (c)(6), by striking ``Under Secretary''
and inserting ``Administrator''.
(c) Chapter 401 Amendments.--Chapter 401 is amended--
(1) in section 40109--
(A) in subsection (b), by striking ``, 40119, 44901, 44903,
44906, and 44935-44937''; and
(B) in subsection (c), by striking ``sections 44909 and''
and inserting ``sections 44909(a), 44909(b), and'';
(2) in section 40113--
(A) in subsection (a)--
(i) by striking ``the Under Secretary of Transportation for
Security with respect to security duties and powers
designated to be carried out by the Under Secretary or'' and
inserting ``the Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by that Administrator or'';
(ii) by striking ``carried out by the Administrator'' and
inserting ``carried out by that Administrator''; and
(iii) by striking ``, Under Secretary, or Administrator,''
and inserting ``, Administrator of the Transportation
Security Administration, or Administrator of the Federal
Aviation Administration,''; and
(B) in subsection (d)--
(i) by striking ``Under Secretary of Transportation for
Security or the'';
(ii) by striking ``Transportation Security Administration
or Federal Aviation Administration, as the case may be,'' and
inserting ``Federal Aviation Administration''; and
(iii) by striking ``Under Secretary or Administrator, as
the case may be,'' and inserting ``Administrator'';
(3) by striking section 40119; and
(4) in the table of contents, by striking the item relating
to section 40119 and inserting the following:
``40119. [Reserved].''.
(d) Chapter 449 Amendments.--Chapter 449 is amended--
(1) in section 44901--
(A) in subsection (a)--
(i) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) by striking ``, United States Code'';
(B) in subsection (c), by striking ``but not later than the
60th day following the date of enactment of the Aviation and
Transportation Security Act'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``Under Secretary of Transportation for Security'' and
inserting ``Administrator of the Transportation Security
Administration''; and
(II) in subparagraph (A), by striking ``no later than
December 31, 2002'';
(ii) by striking paragraphs (2) and (3);
(iii) by redesignating paragraph (4) as paragraph (2); and
(iv) in paragraph (2), as redesignated--
(I) in subparagraph (A), by striking ``Assistant Secretary
(Transportation Security Administration)'' and inserting
``Administrator of the Transportation Security
Administration'';
(II) in subparagraph (B), by striking ``Assistant
Secretary'' and inserting ``Administrator of the
Transportation Security Administration''; and
(III) in subparagraph (D)--
(aa) by striking ``Assistant Secretary'' the first place it
appears and inserting ``Administrator of the Transportation
Security Administration''; and
(bb) by striking ``Assistant Secretary'' the second place
it appears and inserting ``Administrator'';
(D) in subsection (e)--
(i) in that matter preceding paragraph (1)--
(I) by striking ``but not later than the 60th day following
the date of enactment of the Aviation and Transportation
Security Act''; and
(II) by striking ``Under Secretary'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) in paragraph (4), by striking ``Under Secretary'' and
inserting ``Administrator'';
(E) in subsection (f), by striking ``after the date of
enactment of the Aviation and Transportation Security Act'';
(F) in subsection (g)--
(i) in paragraph (1), by striking ``Not later than 3 years
after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the'' and
inserting ``The'';
(ii) in paragraph (2), by striking ``as follows:'' and all
that follows and inserting a period;
(iii) by amending paragraph (3) to read as follows:
``(3) Regulations.--The Secretary of Homeland Security
shall issue a final rule as a permanent regulation to
implement this subsection in accordance with the provisions
of chapter 5 of title 5.'';
(iv) by striking paragraph (4); and
(v) by redesignating paragraph (5) as paragraph (4);
(G) in subsection (h)--
(i) in paragraph (1), by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration''; and
(ii) in paragraph (2)--
(I) by striking ``Under Secretary'' the first place it
appears and inserting ``Administrator of the Transportation
Security Administration''; and
(II) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator'';
(H) in subsection (i)--
(i) in the matter preceding paragraph (1), by striking
``Under Secretary'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) in paragraph (2), by striking ``Under Secretary'' and
inserting ``Administrator'';
(I) in subsection (j)(1)--
(i) in the matter preceding subparagraph (A), by striking
``Before January 1, 2008, the'' and inserting ``The''; and
(ii) in subparagraph (A), by striking ``the date of
enactment of this subsection'' and inserting ``August 3,
2007'';
(J) in subsection (k)--
(i) in paragraph (1), by striking ``Not later than one year
after the date of enactment of this subsection, the'' and
inserting ``The'';
(ii) in paragraph (2), by striking ``Not later than 6
months after the date of enactment of this subsection, the''
and inserting ``The''; and
(iii) in paragraph (3), by striking ``Not later than 180
days after the date of enactment of this subsection, the'' in
paragraph (3) and inserting ``The''; and
(K) in subsection (l)--
(i) in paragraph (2)--
(I) in the matter preceding subparagraph (A), by striking
``Beginning June 1, 2012, the Assistant Secretary of Homeland
Security (Transportation Security Administration)'' and
inserting ``The Administrator of the Transportation Security
Administration''; and
(II) in subparagraph (B), by striking ``Assistant
Secretary'' and inserting ``Administrator'';
(ii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking ``Assistant Secretary'' the first place it
appears and inserting ``Administrator of the Transportation
Security Administration''; and
(bb) by striking ``Assistant Secretary'' the second place
it appears and inserting ``Administrator''; and
(II) in subparagraph (B), by striking ``Assistant
Secretary'' and inserting ``Administrator of the
Transportation Security Administration''; and
(iii) in paragraph (4)--
(I) in subparagraph (A)--
(aa) by striking ``60 days after the deadline specified in
paragraph (2), and not later than'';
(bb) by striking ``Assistant Secretary'' the first place it
appears and inserting ``Administrator of the Transportation
Security Administration''; and
(cc) by striking ``Assistant Secretary'' the second place
it appears and inserting ``Administrator''; and
(II) in subparagraph (B), by striking ``Assistant
Secretary'' each place it appears and inserting
``Administrator of the Transportation Security
Administration'';
(2) section 44902 is amended--
(A) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration''; and
(B) in subsection (b), by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration'';
(3) section 44903 is amended--
(A) in subsection (a)--
(i) in the heading, by striking ``Definition'' and
inserting ``Definitions'';
(ii) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(iii) in subparagraph (B), as redesignated, by striking
``Under Secretary of Transportation for Security'' and
inserting ``Administrator'';
(iv) in the matter preceding subparagraph (A), as
redesignated, by striking ``In this section, `law enforcement
personnel' means individuals--'' and inserting ``In this
section:'';
(v) by inserting before subparagraph (A), the following:
``(2) Law enforcement personnel.--The term `law enforcement
personnel' means individuals--''; and
(vi) by inserting before paragraph (2), as redesignated,
the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Transportation Security
Administration.'';
(B) in subsection (d), by striking ``Secretary of
Transportation'' and inserting ``Administrator'';
(C) in subsection (g), by striking ``Under Secretary's''
each place it appears and inserting ``Administrator's'';
(D) in subsection (h)--
(i) in paragraph (3), by striking ``Secretary'' and
inserting ``Secretary of Homeland Security'';
(ii) in paragraph (4)--
(I) in subparagraph (A), by striking ``, as soon as
practicable after the date of enactment of this
subsection,'';
(II) in subparagraph (C), by striking ``section 44903(c)''
and inserting ``subsection (c)''; and
[[Page H9030]]
(III) in subparagraph (E), by striking ``, not later than
March 31, 2005,'';
(iii) in paragraph (5), by striking ``Assistant Secretary
of Homeland Security (Transportation Security
Administration)'' and inserting ``Administrator'';
(iv) in paragraph (6)(A)--
(I) in the matter preceding clause (i), by striking ``Not
later than 18 months after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act of
2007, the'' and inserting ``The''; and
(II) in clause (i), by striking ``section'' and inserting
``paragraph''; and
(v) in paragraph (6)(C), by striking ``Secretary'' and
inserting ``Secretary of Homeland Security'';
(E) in subsection (i)(3), by striking ``, after the date of
enactment of this paragraph,'';
(F) in subsection (j)--
(i) by amending paragraph (1) to read as follows:
``(1) In general.--The Administrator shall periodically
recommend to airport operators commercially available
measures or procedures to prevent access to secure airport
areas by unauthorized persons.'';
(ii) in paragraph (2)--
(I) in the heading, by striking ``Computer-assisted
passenger prescreening system'' and inserting ``Secure flight
program'';
(II) in subparagraph (A)--
(aa) by striking ``Computer-Assisted Passenger Prescreening
System'' and inserting ``Secure Flight program'';
(bb) by striking ``Secretary of Transportation'' and
inserting ``Administrator''; and
(cc) by striking ``system'' each place it appears and
inserting ``program'';
(III) in subparagraph (B)--
(aa) by striking ``Computer-Assisted Passenger Prescreening
System'' and inserting ``Secure Flight program'';
(bb) by striking ``Secretary of Transportation'' and
inserting ``Administrator''; and
(cc) by striking ``Secretary'' and inserting
``Administrator'';
(IV) in subparagraph (C)--
(aa) in clause (i), by striking ``Not later than January 1,
2005, the Assistant Secretary of Homeland Security
(Transportation Security Administration), or the designee of
the Assistant Secretary,'' and inserting ``The
Administrator'';
(bb) in clause (ii), by striking ``Not later than 180 days
after completion of testing under clause (i), the'' and
inserting ``The''; and
(cc) in clause (iv), by striking ``Not later than 180 days
after'' and inserting ``After'';
(V) in subparagraph (D), by striking ``Assistant Secretary
of Homeland Security (Transportation Security
Administration)'' and inserting ``Administrator'';
(VI) in subparagraph (E)(i), by striking ``Not later than
90 days after the date on which the Assistant Secretary
assumes the performance of the advanced passenger
prescreening function under subparagraph (C)(ii), the'' and
inserting ``The Administrator''; and
(VII) by striking ``Assistant Secretary'' each place it
appears and inserting ``Administrator'';
(G) in subsection (l), by striking ``Under Secretary for
Border and Transportation Security of the Department of
Homeland Security'' and inserting ``Administrator'';
(H) in subsection (m)--
(i) in paragraph (1), by striking ``Assistant Secretary of
Homeland Security (Transportation Security Administration)''
and inserting ``Administrator''; and
(ii) by striking ``Assistant Secretary'' each place it
appears and inserting ``Administrator''; and
(I) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator'';
(4) section 44904 is amended--
(A) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration'';
(B) in subsection (c)--
(i) by striking ``section 114(t)(3)'' and inserting
``section 114(s)(3)''; and
(ii) by striking ``section 114(t)'' and inserting ``section
114(s)'';
(C) in subsection (d)--
(i) by striking ``Not later than 90 days after the date of
the submission of the National Strategy for Transportation
Security under section 114(t)(4)(A), the Assistant Secretary
of Homeland Security (Transportation Security
Administration)'' and inserting ``The Administrator of the
Transportation Security Administration''; and
(ii) by striking ``section 114(t)(1)'' and inserting
``section 114(s)(1)''; and
(D) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(5) section 44905 is amended--
(A) in subsection (a)--
(i) by striking ``Secretary of Transportation'' and
inserting ``Administrator of the Transportation Security
Administration''; and
(ii) by striking ``Secretary.'' and inserting
``Administrator.'';
(B) in subsection (b), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration''; and
(C) in subsections (c), (d), and (f), by striking ``Under
Secretary'' each place it appears and inserting
``Administrator of the Transportation Security
Administration'';
(6) section 44906 is amended--
(A) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator'';
(7) section 44908 is amended--
(A) by striking ``Secretary of Transportation'' each place
it appears and inserting ``Administrator of the
Transportation Security Administration'';
(B) in subsection (a), by striking ``safety or''; and
(C) in subsection (c), by striking ``The Secretary'' and
inserting ``The Administrator'';
(8) section 44909 is amended--
(A) in subsection (a)(1), by striking ``Not later than
March 16, 1991, the'' and inserting ``The''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``Not later than 60 days
after the date of enactment of the Aviation and
Transportation Security Act, each'' and inserting ``Each'';
(ii) in paragraphs (2)(F) and (5), by striking ``Under
Secretary'' and inserting ``Administrator of the
Transportation Security Administration''; and
(iii) in paragraph (6)--
(I) in subparagraph (A), by striking ``Not later than 60
days after date of enactment of this paragraph, the'' and
inserting ``The''; and
(II) in subparagraph (B)(ii)--
(aa) by striking ``the Secretary will'' and inserting ``the
Secretary of Homeland Security will''; and
(bb) by striking ``the Secretary to'' and inserting ``the
Secretary of Homeland Security to'';
(9) section 44911 is amended--
(A) in subsection (b), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration'';
(B) in subsection (d), by striking ``request of the
Secretary'' and inserting ``request of the Secretary of
Homeland Security''; and
(C) in subsection (e)--
(i) by striking ``Secretary, and the Under Secretary'' and
inserting ``Secretary of Homeland Security, and the
Administrator of the Transportation Security
Administration''; and
(ii) by striking ``intelligence community and the Under
Secretary'' and inserting ``intelligence community and the
Administrator of the Transportation Security
Administration'';
(10) section 44912 is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator''; and
(II) by striking ``, not later than November 16, 1993,'';
and
(ii) in paragraph (4)(C), by striking ``Research,
Engineering and Development Advisory Committee'' and
inserting ``Administrator'';
(B) in subsection (c)--
(i) in paragraph (1), by striking ``, as a subcommittee of
the Research, Engineering, and Development Advisory
Committee,''; and
(ii) in paragraph (4), by striking ``Not later than 90 days
after the date of the enactment of the Aviation and
Transportation Security Act, and every two years
thereafter,'' and inserting ``Biennially,'';
(C) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''; and
(D) by adding at the end the following:
``(d) Security and Research and Development Activities.--
``(1) In general.--The Administrator shall conduct research
(including behavioral research) and development activities
appropriate to develop, modify, test, and evaluate a system,
procedure, facility, or device to protect passengers and
property against acts of criminal violence, aircraft piracy,
and terrorism and to ensure security.
``(2) Disclosure.--
``(A) In general.--Notwithstanding section 552 of title 5,
the Administrator shall prescribe regulations prohibiting
disclosure of information obtained or developed in ensuring
security under this title if the Secretary of Homeland
Security decides disclosing the information would--
``(i) be an unwarranted invasion of personal privacy;
``(ii) reveal a trade secret or privileged or confidential
commercial or financial information; or
``(iii) be detrimental to transportation safety.
``(B) Information to congress.--Subparagraph (A) does not
authorize information to be withheld from a committee of
Congress authorized to have the information.
``(C) Rule of construction.--Nothing in subparagraph (A)
shall be construed to authorize the designation of
information as sensitive security information (as defined in
section 15.5 of title 49, Code of Federal Regulations)--
``(i) to conceal a violation of law, inefficiency, or
administrative error;
``(ii) to prevent embarrassment to a person, organization,
or agency;
``(iii) to restrain competition; or
``(iv) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information
[[Page H9031]]
not clearly related to transportation security.
``(D) Privacy act.--Section 552a of title 5 shall not apply
to disclosures that the Administrator of the Transportation
Security Administration may make from the systems of records
of the Transportation Security Administration to any Federal
law enforcement, intelligence, protective service,
immigration, or national security official in order to assist
the official receiving the information in the performance of
official duties.
``(3) Transfers of duties and powers prohibited.--Except as
otherwise provided by law, the Administrator may not transfer
a duty or power under this section to another department,
agency, or instrumentality of the United States Government.
``(e) Definition of Administrator.--In this section, the
term `Administrator' means the Administrator of the
Transportation Security Administration.'';
(11) section 44913 is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration (referred to in
this section as `the Administrator')'';
(ii) by striking paragraph (2);
(iii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(iv) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''; and
(B) in subsection (b), by striking ``Secretary of
Transportation'' and inserting ``Administrator'';
(12) section 44914 is amended--
(A) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(B) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''; and
(C) by inserting ``the Department of Transportation,''
before ``air carriers, airport authorities, and others'';
(13) section 44915 is amended by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(14) section 44916 is amended--
(A) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration''; and
(B) in subsection (b)--
(i) by striking ``Under Secretary'' the first place it
appears and inserting ``Administrator of the Transportation
Security Administration''; and
(ii) by striking ``Under Secretary'' the second place it
appears and inserting ``Administrator'';
(15) section 44917 is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``Under Secretary of Transportation for Security'' and
inserting ``Administrator of the Transportation Security
Administration''; and
(ii) in paragraph (2), by striking ``by the Secretary'' and
inserting ``by the Administrator'';
(B) in subsection (d)--
(i) in paragraph (1), by striking ``Assistant Secretary for
Immigration and Customs Enforcement of the Department of
Homeland Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) in paragraph (3), by striking ``Assistant Secretary''
each place it appears and inserting ``Administrator of the
Transportation Security Administration'';
(16) section 44918 is amended--
(A) in subsection (a)--
(i) in paragraph (2)(E), by striking ``Under Secretary for
Border and Transportation Security of the Department of
Homeland Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(ii) in paragraph (4), by striking ``Not later than one
year after the date of enactment of the Vision 100--Century
of Aviation Reauthorization Act, the'' and inserting ``The'';
and
(iii) in paragraph (5), by striking ``the date of enactment
of the Vision 100--Century of Aviation Reauthorization Act''
and inserting ``December 12, 2003,'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Not later than one year
after the date of enactment of the Vision 100--Century of
Aviation Reauthorization Act, the'' and inserting ``The'';
and
(ii) in paragraph (6), by striking ``Federal Air Marshals
Service'' and inserting ``Federal Air Marshal Service''; and
(C) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(17) section 44920 is amended--
(A) in subsection (g)(1), by striking ``subsection (a) or
section 44919'' and inserting ``subsection (a)''; and
(B) by adding at the end the following:
``(i) Definition of Administrator.--In this section, the
term `Administrator' means the Administrator of the
Transportation Security Administration.'';
(18) section 44922 is amended--
(A) in the heading, by striking ``Deputation'' and
inserting ``Deputization'';
(B) in subsection (a)--
(i) in the heading, by striking ``Deputation'' and
inserting ``Deputization''; and
(ii) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(C) in subsection (e), by striking ``deputation'' and
inserting ``deputization''; and
(D) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(19) section 44923 is amended--
(A) in subsection (a), by striking ``Under Secretary for
Border and Transportation Security of the Department of
Homeland Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(B) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(C) in subsection (e)--
(i) by striking paragraph (2); and
(ii) by striking ``(1) In general.--''; and
(D) by striking subsection (j);
(20) section 44924 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary for Border and
Transportation Security of the Department of Homeland
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) by striking ``Administrator under'' and inserting
``Administrator of the Federal Aviation Administration
under'';
(B) in subsections (b), (c), (d), (e), and (f), by striking
``Administrator'' and inserting ``Administrator of the
Federal Aviation Administration'';
(C) in subsection (f), by striking ``Not later than 240
days after the date of enactment of this section, the'' and
inserting ``The''; and
(D) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(21) section 44925 is amended--
(A) in subsection (b)(1), by striking ``Not later than 90
days after the date of enactment of this section, the
Assistant Secretary of Homeland Security (Transportation
Security Administration)'' and inserting ``The Administrator
of the Transportation Security Administration'';
(B) in subsection (b), by striking paragraph (3); and
(C) in subsection (d), by striking ``Assistant Secretary''
each place it appears and inserting ``Administrator of the
Transportation Security Administration'';
(22) section 44926(b)(3) is amended by striking ``an
misidentified passenger'' and inserting ``a misidentified
passenger'';
(23) section 44927 is amended--
(A) by striking ``Assistant Secretary'' each place it
appears and inserting ``Administrator of the Transportation
Security Administration'';
(B) in subsection (a), by striking ``Veteran Affairs'' and
inserting ``Veterans Affairs''; and
(C) in subsection (f)--
(i) in the heading, by striking ``Report'' and inserting
``Reports''; and
(ii) by striking ``Not later than 1 year after the date of
enactment of this section, and annually thereafter,'' and
inserting ``Each year,'';
(24) section 44933 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(ii) by striking ``Federal Security Manager'' and inserting
``Federal Security Director''; and
(iii) by striking ``Managers'' each place it appears and
inserting ``Federal Security Directors'';
(B) in subsection (b), by striking ``Manager'' and
inserting ``Federal Security Director''; and
(C) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(25) section 44934 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(ii) by striking ``airports. In coordination with the
Secretary'' and inserting ``airports. In coordination with
the Secretary of State'';
(iii) by striking ``The Secretary shall give high
priority'' and inserting ``The Secretary of State shall give
high priority''; and
(iv) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''; and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``Under Secretary'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) in paragraph (1), by striking ``Under Secretary'' and
inserting ``Administrator''; and
(C) in subsection (c), by striking ``the Secretary and the
chief'' and inserting ``the Secretary of State and the
chief'';
(26) section 44935 is amended--
(A) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator'';
(B) in subsection (e)--
(i) in paragraph (1), by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator''; and
(ii) in paragraph (2)(A)--
(I) in the matter preceding clause (i)--
[[Page H9032]]
(aa) by striking ``Within 30 days after the date of
enactment of the Aviation and Transportation Security Act,
the'' and inserting ``The''; and
(bb) by inserting ``other'' before ``provision of law'';
and
(II) in clause (ii), by striking ``section 1102(a)(22)''
and inserting ``section 101(a)(22)'';
(C) in subsection (f)(1), by inserting ``other'' before
``provision of law'';
(D) in subsection (g)(2), by striking ``Within 60 days
after the date of enactment of the Aviation and
Transportation Security Act, the'' and inserting ``The'';
(E) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''; and
(F) by adding at the end the following:
``(l) Definition of Administrator.--In this section, the
term `Administrator' means the Administrator of the
Transportation Security Administration.'';
(27) section 44936 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary of Transportation for
Security'' each place it appears and inserting
``Administrator'';
(ii) in paragraph (1)--
(I) in subparagraph (A), by striking ``,,'' and inserting a
comma; and
(II) by striking subparagraph (C); and
(iii) by redesignating subparagraph (D) as subparagraph
(C);
(B) in subsection (c)(1), by striking ``Under Secretary's''
and inserting ``Administrator's'';
(C) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator''; and
(D) by adding at the end the following:
``(f) Definition of Administrator.--In this section, the
term `Administrator' means the Administrator of the
Transportation Security Administration.'';
(28) section 44937 is amended by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(29) section 44938 is amended--
(A) in subsection (a)--
(i) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(ii) by striking ``Secretary of Transportation'' and
inserting ``Secretary of Homeland Security''; and
(B) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(30) section 44939(d) is amended by striking ``Not later
than 60 days after the date of enactment of this section, the
Secretary'' and inserting ``The Secretary of Homeland
Security'';
(31) section 44940 is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(II) by striking the last two sentences; and
(ii) by adding at the end the following:
``(2) Determination of costs.--
``(A) In general.--The amount of the costs under paragraph
(1) shall be determined by the Administrator of the
Transportation Security Administration and shall not be
subject to judicial review.
``(B) Definition of federal law enforcement personnel.--For
purposes of paragraph (1)(A), the term `Federal law
enforcement personnel' includes State and local law
enforcement officers who are deputized under section
44922.'';
(B) in subsections (b), (d), (e), (g), and (h), by striking
``Under Secretary'' each place it appears and inserting
``Administrator of the Transportation Security
Administration'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``within 60 days of the date of enactment
of this Act, or''; and
(II) by striking ``thereafter''; and
(ii) in paragraph (2), by striking ``subsection (d)'' each
place it appears and inserting ``paragraph (1) of this
subsection'';
(D) in subsection (e)(1), by striking ``Fees payable to
under secretary'' in the heading and inserting ``Fees payable
to administrator''; and
(E) in subsection (i)(4)--
(i) by striking subparagraphs (A) through (D); and
(ii) by redesignating subparagraphs (E) through (L) as
subparagraphs (A) through (H), respectively;
(32) section 44941(a) is amended by inserting ``the
Department of Homeland Security,'' after ``Department of
Transportation,'';
(33) section 44942 is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``Within 180 days after the date of enactment of the Aviation
and Transportation Security Act, the Under Secretary for
Transportation Security may, in consultation with'' and
inserting ``The Administrator of the Transportation Security
Administration may, in consultation with other relevant
Federal agencies and''; and
(II) in subparagraph (A), by striking ``, and'' and
inserting ``; and''; and
(ii) in paragraph (2), by inserting a comma after ``Federal
Aviation Administration'';
(B) in subsection (b)--
(i) by striking ``(1) Performance plan and report.--'';
(ii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(iii) in paragraph (1), as redesignated--
(I) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(II) in subparagraph (A), as redesignated, by striking
``the Secretary and the Under Secretary for Transportation
Security shall agree'' and inserting ``the Secretary of
Homeland Security and the Administrator of the Transportation
Security Administration shall agree''; and
(III) in subparagraph (B), as redesignated, by striking
``the Secretary, the Under Secretary for Transportation
Security'' and inserting ``the Secretary of Homeland
Security, the Administrator of the Transportation Security
Administration,''; and
(iv) in paragraph (2), as redesignated, by striking ``Under
Secretary for Transportation Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(34) section 44943 is amended--
(A) in subsection (a), by striking ``Under Secretary for
Transportation Security'' and inserting ``Administrator of
the Transportation Security Administration'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``Secretary and Under Secretary of
Transportation for Security'' and inserting ``Secretary of
Homeland Security and Administrator of the Transportation
Security Administration''; and
(II) by striking ``Under Secretary'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) in paragraph (2)--
(I) by striking ``Under Secretary'' the first place it
appears and inserting ``Administrator of the Transportation
Security Administration''; and
(II) by striking ``Under Secretary shall'' each place it
appears and inserting ``Administrator shall''; and
(C) in subsection (c), by striking ``Aviation Security Act,
the Under Secretary for Transportation Security'' and
inserting ``Aviation and Transportation Security Act (Public
Law 107-71; 115 Stat. 597), the Administrator of the
Transportation Security Administration'';
(35) section 44944 is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``Under Secretary of
Transportation for Transportation Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) in paragraph (4), by inserting ``the Administrator of
the Federal Aviation Administration,'' after ``consult
with''; and
(B) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(36) section 44945(b) is amended by striking ``Assistant
Secretary'' each place it appears and inserting
``Administrator of the Transportation Security
Administration''; and
(37) section 44946 is amended--
(A) in subsection (g)--
(i) by striking paragraph (2);
(ii) by redesignating paragraph (1) as paragraph (2); and
(iii) by inserting before paragraph (2), as redesignated,
the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Transportation Security
Administration.'';
(B) by striking ``Assistant Secretary'' each place it
appears and inserting ``Administrator'';
(C) in subsection (b)(4)--
(i) by striking ``the Secretary receives'' and inserting
``the Administrator receives''; and
(ii) by striking ``the Secretary shall'' and inserting
``the Administrator shall''; and
(D) in subsection (c)(1)(A), by striking ``Not later than
180 days after the date of enactment of the Aviation Security
Stakeholder Participation Act of 2014, the'' and inserting
``The''.
(e) Chapter 451 Amendments.--Section 45107 is amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator
of the Transportation Security Administration''; and
(2) in subsection (b), by striking the second sentence.
(f) Chapter 461 Amendments.--Chapter 461 is amended--
(1) in each of sections 46101(a)(1), 46102(a), 46103(a),
46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking
``Under Secretary of Transportation for Security with respect
to security duties and powers designated to be carried out by
the Under Secretary'' and inserting ``Administrator of the
Transportation Security Administration with respect to
security duties and powers designated to be carried out by
the Administrator of the Transportation Security
Administration'';
(2) in each of sections 46101, 46102(c), 46103, 46104,
46105, 46107, and 46110 by striking ``or Administrator'' each
place it appears and inserting ``or Administrator of the
Federal Aviation Administration'';
(3) in each of sections 46101(a)(1), 46102(a) 46103(a),
46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking
``by the Administrator)'' and inserting ``by the
Administrator of the Federal Aviation Administration)'';
(4) in each of sections 46101, 46102, 46103, 46104, 46105,
46107, and 46110 by striking ``Under Secretary,'' each place
it appears and inserting ``Administrator of the
Transportation Security Administration,'';
[[Page H9033]]
(5) in section 46102--
(A) in subsection (b), by striking ``the Administrator''
each place it appears and inserting ``the Administrator of
the Federal Aviation Administration'';
(B) in subsection (c), by striking ``and Administrator''
each place it appears and inserting ``and Administrator of
the Federal Aviation Administration''; and
(C) in subsection (d), by striking ``the Administrator, or
an officer or employee of the Administration'' in subsection
(d) and inserting ``the Administrator of the Federal Aviation
Administration, or an officer or employee of the Federal
Aviation Administration'';
(6) in section 46104--
(A) by striking ``subpena'' each place it appears and
inserting ``subpoena''; and
(B) in subsection (b)--
(i) in the heading, by striking ``Subpenas'' and inserting
``Subpoenas''; and
(ii) by striking ``the Administrator, or'' and inserting
``the Administrator of the Federal Aviation Administration,
or'';
(7) in section 46105(c), by striking ``When the
Administrator'' and inserting ``When the Administrator of the
Federal Aviation Administration'';
(8) in section 46109, by inserting ``(or the Administrator
of the Transportation Security Administration with respect to
security duties and powers designated to be carried out by
the Administrator of the Transportation Security
Administration or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and
powers designated to be carried out by the Administrator)''
after ``Secretary of Transportation''; and
(9) in section 46111--
(A) in subsection (a)--
(i) by inserting ``the'' before ``Federal Aviation
Administration'';
(ii) by striking ``Administrator is'' and inserting
``Administrator of the Federal Aviation Administration is'';
and
(iii) by striking ``Under Secretary for Border and
Transportation Security of the Department of Homeland
Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(B) in subsections (b), (c), (e), and (g), by striking
``Administrator'' each place it appears and inserting
``Administrator of the Federal Aviation Administration'';
(C) in subsection (g)(2)(A), by striking ``(18 U.S.C.
App.)'' and inserting ``(18 U.S.C. App.))''; and
(D) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration''.
(g) Chapter 463 Amendments.--Chapter 463 is amended--
(1) in section 46301--
(A) in subsection (a)(5)--
(i) in subparagraph (A)(i), by striking ``or chapter 451''
and inserting ``chapter 451''; and
(ii) in subparagraph (D), by inserting ``of
Transportation'' after ``Secretary'';
(B) in subsection (d)--
(i) in paragraph (2)--
(I) by striking ``defined by the Secretary'' and inserting
``defined by the Secretary of Transportation''; and
(II) by striking ``Administrator shall'' and inserting
``Administrator of the Federal Aviation Administration
shall'';
(ii) in paragraphs (3), (4), (5), (6), (7), and (8), by
striking ``Administrator'' each place it appears and
inserting ``Administrator of the Federal Aviation
Administration''; and
(iii) in paragraph (8), by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration'';
(C) in subsection (e), by inserting ``of Transportation''
after ``Secretary'';
(D) in subsection (g), by striking ``Administrator'' and
inserting ``Administrator of the Federal Aviation
Administration''; and
(E) in subsection (h)(2)--
(i) by striking ``Under Secretary of Transportation for
Security with respect to security duties and powers
designated to be carried out by the Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration''; and
(ii) by striking ``or the Administrator with respect to
aviation safety duties and powers designated to be carried
out by the Administrator'' and inserting ``or the
Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator of the Federal Aviation
Administration'';
(2) in section 46304(b), by striking ``or the Administrator
of the Federal Aviation Administration with respect to
aviation safety duties and powers designated to be carried
out by the Administrator'' and inserting ``or the
Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator of the Federal Aviation
Administration'';
(3) in section 46311--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Under Secretary of Transportation for
Security with respect to security duties and powers
designated to be carried out by the Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration'';
(II) by striking ``the Administrator of the Federal
Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the
Administrator'' and inserting ``or the Administrator of the
Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator of the Federal Aviation Administration'';
(III) by striking ``Administrator shall'' and inserting
``Administrator of the Federal Aviation Administration
shall''; and
(IV) by striking ``Administrator,'' and inserting
``Administrator of the Federal Aviation Administration,'';
and
(ii) in paragraph (1), by striking ``Administrator'' and
inserting ``Administrator of the Federal Aviation
Administration'';
(B) in subsections (b) and (c), by striking
``Administrator'' each place it appears and inserting
``Administrator of the Federal Aviation Administration''; and
(C) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(4) in section 46313--
(A) by striking ``Under Secretary of Transportation for
Security with respect to security duties and powers
designated to be carried out by the Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration'';
(B) by striking ``or the Administrator of the Federal
Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the
Administrator'' and inserting ``or the Administrator of the
Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator of the Federal Aviation Administration''; and
(C) by striking ``subpena'' and inserting ``subpoena''; and
(5) in section 46316(a)--
(A) by striking ``Under Secretary of Transportation for
Security with respect to security duties and powers
designated to be carried out by the Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration''; and
(B) by striking ``or the Administrator of the Federal
Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the
Administrator'' and inserting ``or the Administrator of the
Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator of the Federal Aviation Administration''.
(h) Chapter 465 Amendments.--Chapter 465 is amended--
(1) in section 46505(d)(2), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(2) in the table of contents for chapter 465 of subtitle
VII, by striking the following:
``46503. Repealed.''.
(i) Chapter 483 Repeal.--
(1) In general.--Chapter 483 is repealed.
(2) Conforming amendment.--The table of contents for
subtitle VII is amended by striking the following:
``483. Aviation security funding...........................48301''.....
(j) Authority To Exempt.--
(1) In general.--Subchapter II of chapter 449 is amended by
inserting before section 44933 the following:
``Sec. 44931. Authority to exempt
``The Secretary of Homeland Security may grant an exemption
from a regulation prescribed in carrying out sections 44901,
44903, 44906, 44909(c), and 44935-44937 of this title when
the Secretary decides the exemption is in the public
interest.
``Sec. 44932. Administrative
``(a) General Authority.--The Secretary of Homeland
Security or the Administrator of the Transportation Security
Administration may take action the Secretary or the
Administrator considers necessary to carry out this chapter
and chapters 461, 463, and 465 of this title, including
conducting investigations, prescribing regulations,
standards, and procedures, and issuing orders.
``(b) Indemnification.--The Administrator of the
Transportation Security Administration may indemnify an
officer or employee of the Transportation Security
Administration against a claim or judgment arising out of an
act that the Administrator decides was committed within the
scope of the official duties of the officer or employee.''.
(2) Table of contents.--The table of contents of chapter
449 is amended by inserting before the item relating to
section 44933 the following:
``44931. Authority to exempt.
``44932. Administrative.''.
SEC. 1992. TABLE OF CONTENTS OF CHAPTER 449.
The table of contents of chapter 449 is amended--
(1) in the item relating to section 44922, by striking
``Deputation'' and inserting ``Deputization''; and
[[Page H9034]]
(2) by inserting after section 44941 the following:
``44942. Performance goals and objectives.
``44943. Performance management system.''.
SEC. 1993. OTHER LAWS; INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
Section 4016(c) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (49 U.S.C. 44917 note) is amended--
(1) in paragraph (1), by striking ``Assistant Secretary for
Immigration and Customs Enforcement'' and inserting
``Administrator of the Transportation Security
Administration''; and
(2) in paragraph (2), by striking ``Assistant Secretary for
Immigration and Customs Enforcement and the Director of
Federal Air Marshal Service of the Department of Homeland
Security, in coordination with the Assistant Secretary of
Homeland Security (Transportation Security Administration),''
and inserting ``Administrator of the Transportation Security
Administration and the Director of Federal Air Marshal
Service of the Department of Homeland Security''.
SEC. 1994. SAVINGS PROVISIONS.
References relating to the Under Secretary of
Transportation for Security in statutes, Executive orders,
rules, regulations, directives, or delegations of authority
that precede the effective date of this Act shall be deemed
to refer, as appropriate, to the Administrator of the
Transportation Security Administration.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Shuster) and the gentleman from Oregon (Mr. DeFazio)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this will be one of the last Transportation and
Infrastructure bills this House will consider this Congress and the
last during my chairmanship. I am extremely proud to bring a bill to
the floor that has bipartisan and bicameral support today.
H.R. 302 includes the FAA Reauthorization Act, the Disaster Recovery
Reform Act, the National Transportation Safety Board Reauthorization
Act, and other priorities from multiple House committees.
The FAA Reauthorization Act provides for 5 years of critical
stability for our aviation programs and infrastructure. This is the
first time since 1982 that we will be passing a 5-year bill. Again, as
I said, it brings the stability and certainty to the aviation industry
that it needs to produce and perform the way it needs to.
This bill cuts red tape in the certification process, which means
that our manufacturers of avionics and aviation airframes will be able
to move forward faster, bringing those products to market faster,
quicker, and more efficiently.
It encourages American innovation and improves aviation safety, and
it provides long-term funding to the Airport Improvement Program. Many
Members' small- and medium-sized airports are going to benefit greatly
by this.
This bill also includes the Disaster Recovery Reform Act. It is the
largest FEMA reform package since 2006 post-Katrina law. In particular,
DRRA focuses on predisaster mitigation. Building better and building
smarter before disasters strike is a wise use of our resources. This
will save lives, will save money, and will bend the cost curve by
spending a little bit of money up front to make sure these disasters
don't have the devastating effects that they possibly could have.
My mother used to say that an ounce of prevention is worth a pound of
cure. That is what this bill does.
I want to thank the members of the Transportation and Infrastructure
Committee and other committees who worked on this bill. I especially
want to thank Chairmen LoBiondo and Barletta, Ranking Members DeFazio,
Larsen, and Titus, and Senators Thune and Nelson for their hard work on
this bill.
I, finally, want to thank the staff of the Transportation and
Infrastructure Committee and the legislative counsel for working
tirelessly for months and late nights, often on weekends, to complete
this bill.
Mr. Speaker, I strongly urge my colleagues to support today's
legislation, and I reserve the balance of my time.
House of Representatives,
Committee on Homeland Security,
Washington, DC, September 26, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: I write concerning the House
Amendments to the Senate Amendments to H.R.302, the ``FAA
Reauthorization Act of 2018''.
I appreciate you working with me to include matters in the
House Amendments that fall within the Rule X jurisdiction of
the Committee on Homeland Security. Several provisions
included in the House Amendments will go a long way to better
protect Americans and our Homeland.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest in the House
Amendments in the Congressional Record during House Floor
consideration of the ``FAA Reauthorization Act of 2018''. I
look forward to working with the Committee on Transportation
and Infrastructure on additional legislative initiatives this
Congress.
Sincerely,
Michael T. McCaul,
Chairman.
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, September 26, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman McCaul: Thank you for your letter regarding
the House Amendments to the Senate Amendments to H.R.302, the
FAA Reauthorization Act of 2018.
I acknowledge your committee's jurisdictional interest in
several provisions in the House amendment and appreciate your
willingness to work with us on said provisions.
I will place a copy of your letter and our response in the
Congressional Record during House Floor consideration of the
FAA Reauthorization Act of 2018. I, too, look forward to
working with the Committee on Homeland Security on additional
legislative initiatives this Congress.
Sincerely,
Bill Shuster,
Chairman.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am going to talk quickly because I have got a lot of
people who want to talk, and there are a lot of important things in
this bill.
I want to thank the chairman--he has done an extraordinary job here--
and Chairman LoBiondo, both retiring, and we will miss them. I also
want to thank my colleague Mr. Larsen.
Now, there are many provisions that are very important. I won't get
to all of them here. But flight attendants, thanks to Michael Capuano
of Massachusetts, are going to get a 10-hour minimum rest period. They
are safety-critical professionals. In the current rules, sometimes they
are only getting 4 or 5 hours a night on certain routes. That is not
right. That is long overdue.
We have to see whether or not we can actually meet the standard of
evacuating a plane in 90 seconds as budget carriers and others cram
more and more seats in that are narrower and narrower, less and less
pitch. Can we still meet those standards? We are going to find out
whether we can or not.
A provision later in the bill inserted by another of my colleagues,
Steve Cohen, will require the FAA, particularly if instructed by this
study, to set minimum pitch width and length requirements for passenger
seats.
The drones--we have 100 reports of drone sightings by pilots in
controlled airspace being illegally operated every month. Sooner or
later, one of those things is going to take down a jetliner with
passengers on board. Until now, Congress has prohibited the FAA from
regulating these drones because the model aircraft people think they
are going to all be grounded. They are not going to be grounded. The
FAA isn't going to go after responsible operators.
You are going have to register. You are going to have to show that
you understand the rules. But the model aircraft people already do.
Many of these toy people, like the one who stopped firefighting in my
district in August, are breaking the law; and we are going to know and
be able to identify them, find them, fine them, jail them, whatever is
necessary to stop these dangerous activities. So that is an incredibly
important part of the bill.
There are certification reforms. Our manufacturers have been waiting
for years. We need to maintain our lead in
[[Page H9035]]
aerospace. We are finally getting certification reform to make their
production of new equipment, modern, state-of-the-art stuff, much
easier.
We are also going to require the FAA to facilitate and defend their
approvals overseas. No more Chinese aviation authority blackmailing our
manufacturers into giving them proprietary information so they can sell
their product in China. That has got to stop. We are going to make the
FAA help our manufacturers over there.
We are going to have some passenger rights here. As I already talked
about, Steve Cohen with the seat pitch.
There are also consumer protections. We are going to have better
identification of what is going to happen. They are going to have to
post online, with mass cancelations, what they are going to do with
people; permanent prohibition of cellphones in flight.
It did not, unfortunately, include a provision that Chairman
LoBiondo, Drew Ferguson, and I authored to help the airline industry--
or defend the airline industry--from following the cruise line model
where all the crews are going to be foreign and not subject to U.S. law
with flags of convenience. That is something that yet needs to be
addressed.
It does not allow an increase in the passenger facility charge, which
hasn't been updated in about 20 years, and yet airports do not have
sufficient bonding capacity to make the improvements we need to make
the airports flow more quickly and a better experience for passengers.
The airlines should join me in that instead of opposing that.
It also has disaster recovery reform in there. We are going to do
more investment in predisaster mitigation, which will save massive
amounts of money for taxpayers.
We are going to require stronger building codes as we rebuild. It
also has some important things for the State of Oregon that relate to
earthquake early warning and mitigation regarding forest fires.
Finally, we are going to take money that is being stolen from
passengers. Now we have a big fight over a passenger facility charge,
yet the airlines did not raise a stink when the Republican Congress
diverted--raised, twice--the passenger security fee and diverted the
money to nonpassenger security issues, which is delaying the deployment
of new, more efficient equipment by the TSA. We are going to finally
end that practice, not soon enough, but perhaps we can amend that
later.
Mr. Speaker, I reserve the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Frelinghuysen), who is the chairman of the Appropriations
Committee.
Mr. FRELINGHUYSEN. Mr. Speaker, I thank the gentleman from
Pennsylvania for yielding.
Mr. Speaker, I rise in support of H.R. 302.
Hurricane Florence struck North and South Carolina last week, leading
to the loss of many lives and incredible hardship for thousands of
families. This Chamber's thoughts are with those devastated by the
storm, particularly those who lost their homes, their livelihoods, and
their loved ones.
My thanks to the House Appropriations Committee's chairs, especially
their dedicated appropriations staff for their quick action to provide
this initial supplemental appropriation of $1.68 billion included in
this legislative package. They did the same good job on behalf of the
residents of the Carolinas as they did for the victims of Harvey,
Irene, and Maria, whose issues and crises we addressed last year.
Mr. Speaker, I strongly support the bill in all aspects.
Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentleman from the
State of Washington (Mr. Larsen).
Mr. LARSEN of Washington. Mr. Speaker, I rise in support of this
bipartisan, long-term measure to reauthorize the Federal Aviation
Administration.
I want to thank Chairman Shuster, Chairman LoBiondo, and Ranking
Member DeFazio for all of the work that they have put into this bill
for nearly 5 years now.
I am pleased that we have come to a bipartisan and bicameral
agreement to raise the bar on aviation safety, improve the experience
for the traveling public, better prepare and diversify the aviation
workforce, increase the global competitiveness of U.S. aerospace
manufacturers, and pave the way for advanced drone operations in U.S.
airspace.
Many reforms included in this bill have an immediate impact and
benefits in Washington State where I am from. It is a leader in U.S.
aviation and aerospace. General aviation contributes an estimated $3.6
billion to our economy and supports more than 30,000 jobs a year.
Improving the FAA's certification processes for aircraft and other
aviation and airspace products allows U.S. manufacturers like the
smaller contractors and suppliers throughout my district to get newer
and safer products to market faster. The bill's certification reforms
will better enable U.S. aviation manufacturers to compete globally.
H.R. 302 also recognizes the importance of recruiting, training, and
developing the next generation of aviation workforce. The bill creates
a task force to develop recommendations on encouraging young people to
pursue careers in aviation maintenance, manufacturing, and engineering
through apprenticeships, as well as two new grant programs to support
pilot education and recruitment of aviation maintenance workers.
In addition, the legislation includes strong consumer protections
like establishing minimum seat dimensions, prohibiting airlines from
involuntarily bumping passengers who have cleared the gate, and
designating nursing rooms for mothers in each terminal.
I have advocated, as well, to better address the needs of passengers
with disabilities while traveling. This measure makes significant
improvements by requiring the FAA to study lavatory access for
passengers with disabilities and increases civil penalties for damaging
passengers' wheelchairs or mobility aids.
Importantly, the agreement also protects the safety of our flight
attendants by mandating 10 hours of rest for flight attendants, a
requirement that has not been updated in two decades and is long
overdue.
The bipartisan legislation lays the groundwork for the safe and swift
integration of drones into the national airspace, and advanced drone
operations like package delivery.
If the U.S. cannot accommodate the growing drone industry, Congress
has been told the innovation and economic benefits would move abroad.
This long-term FAA reauthorization ensures these jobs stay in the
United States.
Further, the bill reauthorizes the TSA. This language is particularly
important to me as, less than 2 months ago, an airline employee stole
an aircraft and engaged in an unauthorized flight, which could have had
devastating impacts in communities in northwest Washington State. To
help ensure a similar incident does not happen again, the bill requires
the TSA to work with industry to evaluate security gaps and how to make
industry improvements.
This moment has been a long time in the making. I am proud to have
worked with the Transportation and Infrastructure Committee members and
the staff on this milestone. I would like to give special thanks to my
retiring colleagues, Chairman Bill Shuster and Chairman Frank LoBiondo
for their years of service, dedication, and, most importantly, their
friendship.
The long-term FAA reauthorization bill is a strong, bipartisan effort
that will propel the aviation industry, ensure the safety of the
traveling public, and support economic growth.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Smith), who is the chairman of the Science, Space, and
Technology Committee.
{time} 1415
Mr. SMITH of Texas. Mr. Speaker, I thank Chairman Shuster for
yielding, and I congratulate him on successfully advancing a 5-year FAA
reauthorization.
H.R. 302 includes the Science Committee's research and development
title, the FLIGHT R&D Act. Title 7 includes our priority that 70
percent of annual FAA research and development funding be for safety
research, up from less than 60 percent today. It establishes a new FAA
Associate Administrator for Research and Development.
[[Page H9036]]
And it includes the Geospatial Data Act.
Another provision provides for specified aircraft operations of space
support vehicles licensed under the U.S. space code. Another
establishes a DOT Office of Spaceports and a national spaceport policy
report.
Mr. Speaker, I appreciate the chairman's work on this bill. I
strongly support it.
Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Hoyer), the Democratic whip.
Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of Bill Shuster. I am also
supporting the bill. But I want to thank Bill for being a person who is
constructive, visionary, and works across the aisle with constructive
ideas. He has made a difference in this House. His father made a
difference in this House. I thank him for his service.
Mr. Speaker, I rise in support of this bill. It includes key changes
to the Stafford Act that I have been working on with Mr. McCarthy and
Mr. Bishop for many, many months. I have advocated for over the past
year to permit Federal disaster aid funding to be used to not only
reconstruct what stood before, but to build to 21st century standards.
Importantly, the bill puts an emphasis on pre-disaster mitigation.
The emphasis is on actions taken to lessen the impact of future
disasters. Last year, natural disasters cost the Nation a record $306
billion, eclipsing the previous record of $265 billion set in 2005.
If we fail to do this, if we fail to mitigate, then we will have
forsaken the lessons of Hurricanes Katrina, Sandy, Maria, and now
Florence, or the devastating wildfires of the West. For every dollar
spent in mitigating future disasters, we save between $4 and $8 in
avoided future recovery efforts. This just makes sense.
Last year, when I traveled with Majority Leader McCarthy to Puerto
Rico and to the U.S. Virgin Islands with Mr. Bishop, the chairman of
the committee, to see the aftermath of Hurricanes Maria and Irma, I saw
Americans struggling without power, access to clean water, basic health
services, or shelter over their heads.
The majority leader and I came away from that visit determined to
help these communities. Chairman Bishop joined with us. So I thank the
committee.
I want to thank Mr. DeFazio, too, who like Mr. Shuster is a
constructive, positive Member who wants to make a difference for our
country. My constituents thank him, and the country thanks him.
I come to support a bill that was fashioned by two people who wanted
to make sure that we did positive things in this House. The American
people can be proud of our work today.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. LoBiondo), the chairman of the Subcommittee on Aviation.
Mr. LoBIONDO. Mr. Speaker, this is a day we should all celebrate. It
is not that often we have an opportunity to have a bipartisan,
bicameral bill that does so much to help America.
There are a lot of thank yous to go around. You have heard about the
particulars of the bill. I want to thank Bill Shuster, who has been a
very good friend and has put his faith and trust in allowing me to
chair the Aviation Subcommittee 6 years. I thank Peter DeFazio and Rick
Larsen for their help. Rick has been a partner with me on Coast Guard
and aviation issues.
Also, the staff doesn't get enough thanks for the time and energy and
work they put into it. I thank Holly Lyons, Naveen Rao, and Hunter
Presti for all they have done over the years to make this committee
move forward. And very special thanks to Geoff Gosselin, who was my
legislative director for a number of years and has been a part of the
major committee staff for a long time.
This is really important to me. Aviation and the FAA has been a
passion for me for all of my years in Congress. I have the honor of
representing the Federal Aviation Administration's crown jewel
technical center, which is in my district. The technical center is the
heartbeat of aviation and the FAA in America. It is, as I said, the
crown jewel for safety and security, and for keeping our Nation safe
with the greatest aviation system in the world.
But it is not because of the sophisticated laboratories and
equipment. Yes, we have all that. It is the thousands of men and women
who work there who put their heart, soul, energy, and enthusiasm into
the dedication of making sure that our aviation system in the United
States of America is the finest and the best. This bill will give the
certainty and stability for them to do their job for 5 years.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SHUSTER. Mr. Speaker, I yield the gentleman an additional 15
seconds.
Mr. LoBIONDO. As you heard Chairman Shuster say, this has not
happened since 1982. So for the men and women of the tech center, for
the heart and soul that you have put into our system, God bless you and
thank you for doing the great job that you do.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Lipinski), a member of the committee.
Mr. LIPINSKI. Mr. Speaker, I would like to thank both Chairman
Shuster and Ranking Member DeFazio for their work in crafting this
compromise bill and for including some of my provisions in the bill.
Mr. DeFazio did an excellent job of going over pros and cons in this
bill, so let me talk about a few provisions I have in here.
One requires the GAO to quantify the cost to passengers of every
airline computer failure since 2014, including the one that just
occurred last night. I am hopeful this report will spur Congress to
take further action to ensure better passenger protections. Other
provisions will improve transparency in ticket sales and help develop
the aviation workforce's next generation.
The bill also has other wins for the traveling public, airline
workers, and residents around airports. For example, the bill directs
the FAA to be more responsive to community noise issues, including
residents who live near airports such as Midway in my district.
Finally, this bill will help our aviation system remain the gold
standard for safety, including some of those things Mr. DeFazio talked
about in regard to drones.
I thank Chairman Shuster for his work on this bill, for all his work
as chairman of the committee for 6 years, and for everything he has
done in Congress. I urge my colleagues to support this bill.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Barletta), the chairman of the Economic Development,
Public Buildings, and Emergency Management Subcommittee.
Mr. BARLETTA. Mr. Speaker, I rise today in support of H.R. 302, which
includes my bill, the Disaster Recovery Reform Act.
In 2017, 8 percent of the United States population, that is 26.4
million Americans, were affected by at least one disaster. This year,
we have already seen tragedy strike in our communities.
For example, in July and August, Pennsylvania was devastated by
widespread flooding that destroyed homes and businesses and,
tragically, cost lives.
In Hershey, Pennsylvania, Swatara Creek crested at over 17 feet, the
second highest level since the weather service began keeping records.
As we speak, the Carolinas continue to recover from Hurricane Florence,
which took the lives of more than 40 Americans. It is clear that these
reforms are needed now more than ever.
I thank Chairman Shuster for his support in getting this bill over
the finish line.
Mr. Speaker, I include in the Record an op-ed I coauthored with
former FEMA Administrator David Paulison.
As Millions Recover From Florence, Congress Has a Chance To Enact
Disaster Reform
(By Rep. Lou Barletta (R-Pa.) and R. David Paulison, 09/25/18)
Last fall, the United States was devastated by an
unprecedented string of natural disasters: hurricanes Harvey,
Irma and Maria. These stain's now account for three of our
country's five most expensive hurricanes on record, causing a
combined $265 billion in damages. Even worse, the storms
tragically took the lives of countless Americans.
With painful memories of these disasters still fresh, the
Atlantic hurricane season is once again at its peak in 2018.
Hurricane
[[Page H9037]]
Florence made landfall in the Mid-Atlantic as a record-
breaking storm, causing destruction like we have never seen
in the region. While the communities affected by Florence
will undoubtedly demonstrate American resolve and bounce
back, they are serving as unfortunate reminders of the need
to overhaul and improve our nation's disaster readiness. As
we help those impacted by Florence continue to recover, it is
more important than ever that we work to ensure that they are
fully prepared for when the next disaster strikes.
Over the course of our careers in and around emergency
management, we have seen the direct impact pre-disaster
mitigation can have on protecting local infrastructure,
preserving property, and saving lives. Whether dealing with
the aftermath of Hurricane Andrew in 1992, Katrina in 2005,
or the increasingly costly storms from more recent years, the
primary lesson from these events is that there is no
substitute for pre-disaster mitigation and resilient
infrastructure. It could not be clearer: America needs a
better system that saves lives and taxpayer dollars by
building smarter and stronger before disaster strikes.
These life-saving efforts can also provide massive savings
to taxpayers. Expert research has consistently supported this
assertion, with one recent study finding that every $1
invested up front in mitigation efforts can save as much as
$8 on future costs. With the cost of these storms in the
hundreds of billions, the savings pre-disaster mitigation can
provide are invaluable.
But despite the devastation caused by previous storms and
the ongoing havoc of Florence, the United States continues to
drag its feet when it comes to disaster preparedness. Many
states still do not incentivize the use of certain safety
standards, and the federal government wastes billions on
reactive post-disaster spending instead of focusing on
proactive investment in disaster preparedness.
Fortunately, there is already a solution on the table that
would provide both much-needed relief for Americans and an
investment in a stronger future. The Disaster Recovery Reform
Act of 2018 (DRRA), which has passed the House twice and is
currently under consideration in the Senate, would go a long
way toward accomplishing the goals of investing in pre-
disaster mitigation and creating a more resilient America.
Importantly, this bill would increase the amount of money
available for pre-disaster mitigation following major
disasters. By arming communities with the necessary resources
to strengthen their infrastructure against hurricanes and
other disasters, those affected across the country will be
better equipped for the next inevitable disaster. With the
DRRA, Congress has an opportunity to enact real disaster
reform.
Encouragingly, there have been recent signs that our
national approach to disaster response, recovery, and
mitigation is trending in the right direction. Earlier this
year, the House of Representatives included a cost share
incentive provision designed to greatly enhance state
resiliency in the Bipartisan Budget Reform Act that was
signed into law by President Trump. FEMA, in addition to its
extraordinary work done regularly in responding to disasters,
is taking steps to ensure that this law is implemented
effectively and efficiently. The Trump administration has
provided strength in its response to those suffering from
recent disasters, with Vice President Pence telling a
community wracked by Hurricane Harvey that they would work to
``[rebuild] all of Texas bigger and better than ever
before.'' However, these actions are only the beginning of
the required wholesale shift in our national disaster
framework. It is up to Congress to continue this momentum and
enact meaningful reforms that will save lives, property and
taxpayer dollars.
Including the record-breaking 2017 season, disaster
spending continues to be an ever-expanding cost category for
the United States. With another tumultuous hurricane season
underway, it is time for lawmakers to act. Safer, stronger
communities mean a safer, stronger country. If members of
Congress are serious about serving their constituents, then
senators must finish the important work the House started and
pass the Disaster Recovery Reform Act now.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. Cohen), an esteemed member of the committee.
Mr. COHEN. Mr. Speaker, I thank Ranking Member DeFazio and Chairman
Shuster for their excellent efforts to work out this compromise on the
FAA reauthorization and finding consensus with our Senate counterparts.
I am glad to have successfully included four important measures in the
final package.
Special thanks to Senator Nelson and Ranking Member DeFazio for
keeping in many key Democratic priorities that support labor, airports,
and consumers; and, most notably, preserve the safety of the flying
public.
I should comment that the SEAT Act, which I am most proud of, a 3-
year effort that I worked on with Adam Kinzinger, was accepted by voice
vote in committee. I thank Mr. Shuster for that. It is a watershed
moment for safety for the flying public. We have never before been
forced to regulate seat sizes, but the reality is, the safety of the
flying public is at risk unless we do.
Representative Kinzinger and I worked on this to see to it that we
put an end to the shrinking sizes of seats on airplanes through the
SEAT Act, or the Safe Egress in Air Travel Act, so it would become law.
Americans have become larger. Seats have become smaller. They have
become more dangerous. There needs to be a study on the width and the
pitch of seats to make sure that they are safe to be evacuated within
the approximate 90 seconds they are supposed to be able to evacuate a
plane. Flyers Rights and the National Consumers League also supported
this.
I would like to thank Senators Blumenthal, Markey, Warner, and
Whitehouse, and others. I look forward to voting for this bill, and I
encourage everybody to vote for it.
{time} 1430
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Missouri (Mr. Graves), chairman of the Highway Subcommittee, a great
ally and someone who understands the aviation industry and general
aviation like nobody else in Congress.
Mr. GRAVES of Missouri. Mr. Speaker, as one of the only professional
pilots in Congress, I rise today in strong support of the long-awaited
FAA reauthorization bill. I was happy to work closely with the
chairman, ranking member, and all of our Senate counterparts to reach
the compromise legislation that we have today.
We are finally providing our aviation programs the much-needed, long-
term certainty that they desire, and I am excited about a number of
policies included in the bill that I advocated for.
Just quickly, I secured language to prevent new taxes targeting
consumers who rent cars at the airport. My aviation workforce
development bill to encourage people to pursue careers in aviation as
technicians and mechanics is included. I secured fixes on how the FAA
regulates Living History Flight Experience flights. We finally ended
the egregious FAA fees on large aviation events, such as Sun 'n Fun and
Oshkosh air shows. We extended aircraft registration from 3 to 7 years.
We directed the FAA to restore the ``all makes and models'' certificate
for experimental aircraft. Building an aircraft in your hangar now will
be considered an aeronautical use of that hangar.
There are many other things I can't include in my limited amount of
time.
As we approach key milestones in the program in 2020 and beyond, my
colleagues and I on the committee will remain committed to holding the
FAA accountable and ensuring the goals of NextGen are achieved.
Mr. Speaker, I could go on, but, obviously, time does not allow.
Mr. Speaker, as one of the only professional pilots in Congress, I
rise today in strong support of the long awaited FAA Reauthorization
bill.
I was happy to work closely with the Chairman and Ranking Member, and
our Senate counterparts to reach the compromise legislation before us
today.
We will finally be providing our aviation programs some much needed
long term certainty.
I am very excited about a number of policies included in the bill
that I advocated for.
Just to go over them quickly:
I secured language to prevent new taxes targeting consumers who rent
cars at the airport;
My aviation workforce development bill to encourage people to pursue
careers as aviation technicians and mechanics;
I secured fixes to how FAA regulates living history flight experience
flights;
We are finally ending the egregious FAA fees on large aviation
events;
We extended aircraft registration from 3 years to 7 years;
Directed the FAA to restore the `all makes and models' certificate
for experimental aircraft;
Building an aircraft in your hangar will now be considered
`aeronautical use' of that hangar;
And many others that I can't cover in my limited time.
As we approach key milestones in the program in 2020 and beyond, my
colleagues and I on the committee remain committed to holding FAA
accountable and ensuring the goals of NextGen are achieved.
Mr. Speaker, I could go on and on when it comes to all the aviation
policy in this bill that excites me.
[[Page H9038]]
But I'll save some time for my other colleagues.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
Nevada (Ms. Titus), a member of the committee.
Ms. TITUS. Mr. Speaker, I am proud to stand with my colleagues on the
Transportation and Infrastructure Committee today in support of this
bill, which is the result of a lot of hard work over many years and
includes a number of important wins for my constituents in Nevada and
for users of our aviation system all around the world.
As chair of the House Travel and Tourism Caucus, I am happy to see
provisions to improve our airport infrastructure; protect air
travelers; and support our pilots, flight attendants, and aviation
professionals. In addition, I am glad the bill includes an important
extension of the work being done at the Nevada UAS Test Site, which
will allow critical research being carried out with NASA and FAA to
advance low-altitude air traffic management vital to the success of the
commercial drone industry.
As ranking member of the Economic Development Subcommittee, I am also
pleased to report that the bill includes the Bipartisan Disaster
Recovery and Reform Act. These critical reforms will help communities
become more resilient and better prepared to deal with the impacts of
global climate change.
With our neighbors in the Carolinas reeling from the impacts of
Hurricane Florence, our fellow citizens in Puerto Rico and the Virgin
Islands still rebuilding from last year's devastating hurricanes, and
numerous communities in the West facing wildfires, this can't come soon
enough.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Louisiana (Mr. Graves), who truly is an expert when it comes to
emergency management and disaster recovery.
Mr. GRAVES of Louisiana. Mr. Speaker, I first want to thank the
chairman, the ranking member, and their staff for their perseverance on
this legislation. This is really an amazing accomplishment that I think
is going to transform how we plan for, how we prepare for, and how we
respond to and recover from disasters.
Mr. Speaker, we spent more than $1.5 trillion responding to 220
disasters that have cost our Nation more than $1 billion each since
1980. We have this process in the Federal Government where we spend
billions after a disaster rather than spending millions on the front-
end actually preparing and making our communities more resilient. This
bill begins to change that.
There are a number of very important lessons learned, commonsense
provisions in this legislation. I want to highlight the duplication of
benefits, section 1210, of this legislation that reverses this crazy
Federal policy whereby it was incentivizing people to wait, to slow
down recovery, while costing FEMA more dollars in temporary housing,
eliminating this process whereby loans and grants were viewed as being
duplicative.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
North Carolina (Mr. Price), a key appropriator on these issues.
Mr. PRICE of North Carolina. Mr. Speaker, I want to rise in the wake
of the devastation of Hurricane Florence to profoundly thank the
bipartisan leadership of the Transportation and Infrastructure
Committee, of the Appropriations Committee, and of the House for
working with North Carolina's Governor and with our bipartisan
congressional delegation to include $1.68 billion in Community
Development Block Grant Disaster Recovery funding to help communities
in North Carolina, South Carolina, and across the country recover from
natural disasters declared in calendar year 2018.
CDBG-DR funding is critical for restoring housing, business, and
infrastructure affected by Hurricane Florence. These funds constitute a
robust down payment, and I look forward to working with colleagues on
both sides of the aisle to complete the job once full estimates are
available.
Mr. Speaker, I just want to say it is very, very reassuring--it is
heartening--to the people of North Carolina and South Carolina to have
this commitment from the Congress of the United States as our long
process of recovery begins.
Mr. SHUSTER. Mr. Speaker, I yield 30 seconds to the gentleman from
Illinois (Mr. Rodney Davis), a great friend and one of the hardest
working members of the Transportation and Infrastructure Committee.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, this bill includes my
bill, the Disaster Declaration Improvement Act, which requires FEMA to
place greater consideration on the severe localized impact of damage
following a disaster.
I have fought for this critical disaster fairness legislation for
years, and we finally have an opportunity to get it signed into law.
Enacting this language will help level the playing field, help central
and southern Illinois receive greater fairness when disaster happens.
Thank you, Chairman Shuster and Ranking Member DeFazio, for working
to include this provision. I urge adoption of this legislation and this
bill.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Mississippi (Mr. Thompson), my friend and ranking member of the
Homeland Security Committee.
Mr. THOMPSON of Mississippi. Mr. Speaker, I appreciate the gentleman
from Oregon yielding me the time.
Mr. Speaker, I rise in support of H.R. 302, a bill to make the
Nation's transportation system more secure. Not only does H.R. 302 give
needed attention to the security of air cargo, airport perimeters, and
public areas of airports, as well as mass transit facilities, but for
the first time since the 9/11 Act, it directs TSA to put significant
focus on bolstering surface transportation security.
H.R. 302 also does two important things for TSA frontline workers. It
directs TSA to sit down with labor representatives to collaborate on
long-overdue personnel reforms and authorize the TSA training academy.
Mr. Speaker, I am pleased to say that H.R. 302 includes every House-
passed Democratic TSA bill, as well as language to right a wrong that
has resulted in billions of dollars collected from the flying public
for security being diverted from TSA security operations.
Mr. Speaker, I thank my colleagues for their collaboration and
support.
Mr. SHUSTER. Mr. Speaker, I yield 30 seconds to the gentleman from
North Carolina (Mr. Rouzer), a hardworking member of the Transportation
and Infrastructure Committee.
Mr. ROUZER. Mr. Speaker, I want to thank the chairman here, the
ranking member, and so many others who have worked so hard on this
legislation, which, I might add, could not be more timely for the State
of North Carolina.
I want to thank our leadership team in the House and so many who have
worked with me and the North Carolina delegation to include the
disaster relief funding specific to Hurricane Florence. This is a
critical first step of additional support from this body and Congress
as a whole, and I also want to commend my colleagues Senator Burr and
Senator Tillis on the other side of the Capitol for all their great
work to get us to this point today as well.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
New York (Ms. Velazquez), ranking member on the Small Business
Committee.
Ms. VELAZQUEZ. Mr. Speaker, I would like to take this opportunity to
thank both the chairman and the ranking member for their important work
on this legislation.
Mr. Speaker, a year ago, Hurricane Maria made landfall in my hometown
of Yabucoa. The storm ravaged the island, and 115-mile-per-hour winds
damaged hundreds of thousands of homes. The entire island lost power,
and thousands would not regain electricity until 10 months later, the
longest blackout in U.S. history.
Sadly, as this crisis unfolded, the President and the administration
repeatedly claimed the Federal response was going well. As evidence,
they pointed to an artificially low death toll that for months
suggested only 64 people had perished. We know now that the true toll
is closer to 3,000 lost lives.
We can never again allow an artificially low death toll to disguise
how the local and the Federal Government failed American citizens. That
is why I am pleased this bill contains my legislation, the COUNT Act,
to establish Federal guidelines for disaster death counts.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
[[Page H9039]]
Mr. DeFAZIO. Mr. Speaker, I yield the gentlewoman from New York an
additional 30 seconds.
Ms. VELAZQUEZ. Death tolls shape public opinion and, in turn,
influence how resources are allocated in response. This new bill will
make sure Congress and the American people have a clear picture of the
severity of future catastrophes.
I thank the ranking member and the chairman for working to include my
bill as a provision. I encourage my colleagues to vote ``yes.''
Mr. SHUSTER. Mr. Speaker, I yield 30 seconds to the gentleman from
Kentucky (Mr. Guthrie).
Mr. GUTHRIE. Mr. Speaker, I congratulate the chairman not on just
this but his entire chairmanship, for getting big things done.
Mr. Speaker, I want to speak on the underlying bill, the Sports
Medicine Licensure Clarity Act. Currently, healthcare providers are
licensed by their State. If a healthcare provider travels with a team--
professional, college, high school--out of State to take care of the
players that they are responsible for, they could be practicing out of
the scope of their license since they are out of State.
For example, this April, when our Kentucky Wildcats go to Minneapolis
for the Final Four, the physicians and healthcare people who travel
with them need to be practicing within their licenses. It is clearly
within the Commerce Clause for us to clarify this. It is important to
do. I encourage the passage of this bill, this provision, and the
overall bill.
Mr. DeFAZIO. Mr. Speaker, may I inquire as to the remaining time.
The SPEAKER pro tempore. The gentleman from Oregon has 3 minutes
remaining. The gentleman from Pennsylvania has 9\3/4\ minutes
remaining.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield 30 seconds to the gentleman from
North Carolina (Mr. Holding).
Mr. HOLDING. Mr. Speaker, Hurricane Florence devastated North
Carolina. Historic levels of rainfall have upended countless families
and destroyed crops, with flooding and debris strewn about unlike
anything our communities have ever witnessed. The $1.68 billion of
disaster relief in this legislation is a much-needed first step in
providing relief. I will continue to work with my colleagues on both
sides of the aisle to provide for those in need.
Mr. SHUSTER. Mr. Speaker, I yield 30 seconds to the gentleman from
New York (Mr. Zeldin).
Mr. ZELDIN. Mr. Speaker, I thank the chairman for yielding and for
supporting my proposal to require the FAA to reassess the North Shore
helicopter route and address the noise impact on affected communities,
improve altitude enforcement, and consider alternative routes,
including an all-water route over the Atlantic Ocean.
The FAA will be required to hold a public hearing on the North Shore
route in impacted communities and open a public comment period, both of
which the FAA has refused to do while renewing the route without
consulting the public.
Mr. Speaker, I strongly urge a ``yes'' vote.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Speier).
Ms. SPEIER. Mr. Speaker, I have a brief 1 minute to say that San
Francisco International Airport is in my district. We are being hounded
by noise in the middle of the night at 1, 2, and 3 a.m. in the morning.
I convened a meeting with the FAA. They joined me at that meeting.
They agreed to have a meeting with the airlines, and then the FAA here
in Washington decided to renege.
This is a message to the FAA: You owe your obligation to all the
people of this country, and when a Member of Congress seeks to have you
at a meeting, you show up at a meeting. When you don't show up at a
meeting, heads are going to roll.
Mr. SHUSTER. Mr. Speaker, I am prepared to close. I have no more
speakers. I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I already thanked my colleagues, but I also want to
thank some staff, particularly some of the staff on my side of the
aisle. The staff on both sides worked hard: Alex Burkett; Rachel Carr;
Kathy Dedrick; Janet Erickson; David Napoliello; Luke Strimer; Mike
Tien; in Rick Larsen's office, Alexandra Menardy; and special thanks,
because they don't get thanked enough around here, to the people who
put together legislation that actually works and do yeoman's work
behind the scenes, legislative counsel Karen Anderson, Rosemary
Gallagher, and Stephen Hagenbuch.
Again, this is a good bill. It shows what we can do here when we drop
our partisan cloaks and work together for the good of the American
people, both the flying public and the businesses that are dependent
upon the aviation industry, and, also, the work we did in here on
disaster mitigation, things that should have been done earlier,
couldn't get done earlier.
But in a must-pass bill like this, we were able to come to consensus.
This is a good day for the House of Representatives--unfortunately, a
somewhat rare day.
Mr. Speaker, I yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield myself the balance of my time.
I want to thank the leader of the Democrats on the Transportation and
Infrastructure Committee for his efforts and his willingness to work
with me. Mr. DeFazio has been a great partner over the last 4 years. I
want to thank him for that.
I also want to thank the chairman of the Subcommittee on Aviation,
Mr. LoBiondo, and Ranking Member Larsen, for their hard work and
bipartisan efforts on this bill. I also want to thank Chairman
Barletta, chairman of the Subcommittee on Economic Development and
Emergency Management, and Ranking Member Titus, again, with the DRRA
bill, working closely with those folks.
Also, we want to mention Garret Graves, who really is a true leader
and one of the true experts, not only in Congress but in the United
States, when it comes to disaster recovery. I thank him for his
efforts.
I also want to thank the Democratic staff for their efforts in
working with our staff. I know it was a lot of late hours. I thank them
so much for those efforts that they put in.
To my staff, T&I staff, they did an unbelievable job on a very, very
complicated FAA bill, but they also were negotiating the disaster
relief bill. There were many long nights. I can't thank them enough for
their hard work and their intelligence and, many times, sort of making
magic happen when we went through this. So I thank those folks for that
effort.
Mr. Speaker, I include in the Record a list of all the staff whose
great work got us to this point today:
Matt Sturges, Chris Vieson, Geoff Gosselin, Fred Miller, Holly
Woodruff Lyons, Naveen Rao, Hunter Presti, Cameron Humphrey, Max Rosen,
Avery Katz, Johanna Hardy, Pam Williams, Tyler Menzler, Kathy Dedrick,
Alex Burkett, David Napoliello, Rachel Carr, Michael Tien, Luke
Strimer, Janet Erickson, Nick Rossi.
Adrian Arnakis, Mike Reynolds, Simone Perez, Isaiah Wonnenberg,
Misseye Brickell, Kim Lipsky, Christopher Day, Mohsin Syed, Tom
Chapman, Christopher Mulkins, Alexia Noruk, Michael Lueptow, Barrett
Percival, Karen Anderson, Rosemary Gallagher, Stephen Hagenbuch, Jaclyn
Keshian, Hannah Matesic, Kathy Loden, Brittany Smith, Collin McCune.
I want to mention, call out here today, Aviation staff Holly Woodruff
Lyons, Naveen Rao, Hunter Presti, Cameron Humphrey, Hannah Matesic, and
Avery Katz for their efforts on this FAA bill, but also Johanna Hardy,
Pam Williams, and Tyler Menzler for their efforts on the Disaster
Recovery and Relief Act.
And on the full committee: Chris Vieson, Geoff Gosselin, Fred Miller,
Kathy Loden, Brittany Smith, Jeff Urbanchuk, Justin Harclerode, and
Nico Alcalde for their tireless efforts.
Also, not on our staff anymore, but I need to do a shout-out for him,
is Matt Sturges, who was the staff director. He has gone down to be the
Deputy Administrator at the FRA. Much of the legislation that we passed
over the years wouldn't be possible without Matt's leadership and his
hard, hard work, and I want to thank him for that.
{time} 1445
Finally, I thank the leadership and their staff for working so
closely with
[[Page H9040]]
us to get this long-term FAA bill, this disaster bill passed.
I thought this FAA bill would be the legislation that eluded me. In
the last 5\1/2\ years, in a bipartisan way, the Transportation and
Infrastructure Committee has enacted legislation on every mode of
transportation, and, today, we are going to pass a 5-year bill, which I
mentioned earlier. It hasn't been done since 1928.
But I would be remiss if I didn't point out and show the true
competitive nature of the Shuster family. My father, Bud Shuster, the
chairman in 2000, passed a 4\1/2\-year bill.
So, Dad, if you are watching, I just wanted to make sure that was in
the Record.
Being chairman has been one of the great honors of my life, and I
want to thank my Republican colleagues for putting their trust in me
and electing me to be chairman of this committee.
Most importantly, I want to thank the people of the Ninth
Congressional District for putting their faith in me. I would not be
chairman today if they wouldn't have supported me as strongly as they
did over the years, and I owe them this chairmanship. I thank them from
the bottom of my heart.
I thank my family: my brother and three sisters; my two children, Ali
and Garrett, for their love, support, and for tolerating me over the
years. And, finally, to my mother, who passed away 2 years ago, we
passed a WRDA bill the day she passed away. I can remember the ringing
in my ears of her saying, ``Go to work. Do your job.'' And I did just
that.
And to my father, whom I mentioned earlier, I thank him and my mother
for the love, the guidance they have given me and, most importantly,
for the life that they gave me.
Mr. Speaker, I ask all my colleagues to support H. Res. 1082, and I
yield back the balance of my time.
Mr. CARTWRIGHT. Mr. Speaker, I rise in strong support of H.R. 302,
the FAA Reauthorization Act of 2018, as amended. For many years,
aviation has been the safest form of transportation in the United
States. This is by no means an accident, it is the result of a strong
regulatory framework built over time, paired with an ongoing airline
system safety culture that is one of the most ambitious in our nation's
history.
Mr. Speaker, when this bill first came to the House floor as H.R. 4,
I strongly opposed a provision that would establish a research and
development program in support of single-piloted cargo aircraft
assisted with remote piloting and computer piloting, and offered an
amendment striking that section. Attempts to roll back safety
regulations in this manner are counterproductive and compromise safety.
I am pleased to see this provision stricken from the final bill text
and urge all members to join me in voting to pass H.R. 302, the FAA
Reauthorization Act of 2018.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, as a member of the
Transportation & Infrastructure Committee, I'd like to express my
support of H.R. 302 the Federal Aviation Administration Reauthorization
Act of 2018.
Maintaining the safety of our national airspace is paramount, and I
am pleased that the provision for Single-Piloted Commercial Cargo
Aircraft was removed. Additionally, this bill also highlights a strong
focus on airline passenger safety and consumer rights by emphasizing
provisions such as minimum legroom, seat width and flight attendant
rest mandates.
Finally, this legislation provides Hurricane Florence recovery
funding, which emphasizes the importance of providing timely assistance
to areas prone to natural disasters, similar to those in my home state
of Texas.
Above all, this bill improves the airline passenger experience,
provides long-term airport funding, improves disaster recovery, and
ultimately strengthens the U.S. economy and aviation workforce.
Mr. BRAT. Mr. Speaker, I rise today to thank Chairman Shuster and
Chairman Thune for the inclusion of the Airport Investment Partnership
Program and the removal of the ``flags of convenience'' language in
H.R. 302, the FAA Reauthorization Act of 2018.
Similar to Brat 150, an amendment I filed to the Rules Committee on
H.R. 4, this bill will improve the Airport Privatization Pilot Program
by making it permanent, eliminating the numerical limits on airport
participation, and providing grants to help with predevelopment
planning costs. The new program will be called the Airport Investment
Partnership Program. Airports that are looking to reorganize will soon
be able to utilize this program as a viable option to achieve their
goals. It is my hope and belief that through these changes, more
airports will have an opportunity to increase profitability,
efficiency, and improve the traveler experience.
In addition, I am pleased that the final language of H.R. 302 does
not include so-called airline ``flags of convenience'' restrictions.
The original language proposed was anticompetitive and would have
threatened U.S. Open Skies agreements that have brought consumers more
options and better prices. The fact is consumers want more choices, not
less. That is why I introduced H.R. 5000, the Free to Fly Act. The Free
to Fly Act would repeal an outdated regulation from the Great
Depression-era which artificially caps foreign ownership in U.S.
airlines at twenty-five percent. This regulation is among the strictest
in the world, increases the cost of capital, and limits consumer
choice. The Free to Fly Act would also require any foreign U.S. airline
subsidiaries to be established and regulated under U.S. law, be based
in the United States, and only employ American workers.
The Free to Fly Act has been endorsed by a wide array of
organizations, from conservative groups such as the Club for Growth and
FreedomWorks, business interests like the U.S. Travel Association,
Airports Council International-North America, Travel Tech, and the
Business Travel Coalition, taxpayer watchdogs like the National
Taxpayers Union and Taxpayers Protection Alliance, and consumer groups
such as Travelers United, FlyersRights.org, Air Travel Fairness, and
Consumer Action for a Strong Economy. Both the travel industry and
consumers recognize a need for such a change and for more competition.
I hope Congress will turn to the free market more as a solution for
financing our infrastructure needs and improving the travel experience
for all Americans, and I applaud Chairman Shuster and Chairman Thune on
the inclusion of the Airport Investment Partnership Program and the
removal of the ``flags of convenience'' language in the FAA
Reauthorization Act of 2018.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Shuster) that the House suspend the
rules and agree to the resolution, H. Res. 1082.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SHUSTER. Mr. Speaker, I demand a recorded vote.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________