[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.

[[Page H8906]]

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.

[[Page H8907]]

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.

[[Page H8908]]

        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.

[[Page H8909]]

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.

                          ____________________