    [115th Congress Public Law 254]
    [From the U.S. Government Publishing Office]

    [[Page 3185]]

                         FAA REAUTHORIZATION ACT OF 2018

    <star> (Star Print)

    [[Page 132 STAT. 3186]]

    Public Law 115-254
    115th Congress

                                     An Act

      To provide protections for certain sports medicine professionals, to
       reauthorize Federal aviation programs, to improve aircraft safety
        certification processes, and for other purposes. <<NOTE: Oct. 5,
                              2018 -  [H.R. 302]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: FAA
    Reauthorization Act of 2018.>>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) <<NOTE: 49 USC 40101 note.>>  Short Title.--This Act may be
    cited as the ``FAA Reauthorization Act of 2018''.

        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.

                      DIVISION A--SPORTS MEDICINE LICENSURE

    Sec. 11. Short title.
    Sec. 12. Protections for covered sports medicine professionals.

                   DIVISION B--FAA REAUTHORIZATION ACT OF 2018

    Sec. 101. Definition of appropriate committees of Congress.

                             TITLE I--AUTHORIZATIONS

                       Subtitle A--Funding of FAA Programs

    Sec. 111. Airport planning and development and noise compatibility
               planning and programs.
    Sec. 112. Facilities and equipment.
    Sec. 113. FAA operations.
    Sec. 114. Weather reporting programs.
    Sec. 115. Adjustment to AIP program funding.
    Sec. 116. Funding for aviation programs.
    Sec. 117. Extension of expiring authorities.

                     Subtitle B--Passenger Facility Charges

    Sec. 121. Passenger facility charge modernization.
    Sec. 122. Future aviation infrastructure and financing study.
    Sec. 123. Intermodal access projects.

              Subtitle C--Airport Improvement Program Modifications

    Sec. 131. Grant assurances.
    Sec. 132. Mothers' rooms.
    Sec. 133. Contract Tower Program.
    Sec. 134. Government share of project costs.
    Sec. 135. Updated veterans' preference.
    Sec. 136. Use of State highway specifications.
    Sec. 137. Former military airports.
    Sec. 138. Eligibility of CCTV projects for airport improvement program.
    Sec. 139. State block grant program expansion.
    Sec. 140. Non-movement area surveillance pilot program.
    Sec. 141. Property conveyance releases.
    Sec. 142. Study regarding technology usage at airports.
    Sec. 143. Study on airport revenue diversion.

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    Sec. 144. GAO study on the effect of granting an exclusive right of
               aeronautical services to an airport sponsor.
    Sec. 145. Sense of Congress on smart airports.
    Sec. 146. Critical airfield markings.
    Sec. 147. General facilities authority.
    Sec. 148. Recycling plans; uncategorized small airports.
    Sec. 149. Evaluation of airport master plans.
    Sec. 150. Definition of small business concern.
    Sec. 151. Small airport regulation relief.
    Sec. 152. Construction of certain control towers.
    Sec. 153. Nondiscrimination.
    Sec. 154. Definition of airport development.
    Sec. 155. General aviation airport expired funds.
    Sec. 156. Priority review of construction projects in cold weather
               States.
    Sec. 157. Minority and disadvantaged business participation.
    Sec. 158. Supplemental discretionary funds.
    Sec. 159. State taxation.
    Sec. 160. Airport investment partnership program.
    Sec. 161. Remote tower pilot program for rural and small communities.
    Sec. 162. Airport access roads in remote locations.
    Sec. 163. Limited regulation of non-federally sponsored property.
    Sec. 164. Seasonal airports.
    Sec. 165. Amendments to definitions.
    Sec. 166. Pilot program sunsets.
    Sec. 167. Buy America requirements.

            Subtitle D--Airport Noise and Environmental Streamlining

    Sec. 171. Funding eligibility for airport energy efficiency assessments.
    Sec. 172. Authorization of certain flights by stage 2 aircraft.
    Sec. 173. Alternative airplane noise metric evaluation deadline.
    Sec. 174. Updating airport noise exposure maps.
    Sec. 175. Addressing community noise concerns.
    Sec. 176. Community involvement in FAA NextGen projects located in
               metroplexes.
    Sec. 177. Lead emissions.
    Sec. 178. Terminal sequencing and spacing.
    Sec. 179. Airport noise mitigation and safety study.
    Sec. 180. Regional ombudsmen.
    Sec. 181. FAA leadership on civil supersonic aircraft.
    Sec. 182. Mandatory use of the New York North Shore Helicopter Route.
    Sec. 183. State standards for airport pavements.
    Sec. 184. Eligibility of pilot program airports.
    Sec. 185. Grandfathering of certain deed agreements granting through-
               the-fence access to general aviation airports.
    Sec. 186. Stage 3 aircraft study.
    Sec. 187. Aircraft noise exposure.
    Sec. 188. Study regarding day-night average sound levels.
    Sec. 189. Study on potential health and economic impacts of overflight
               noise.
    Sec. 190. Environmental mitigation pilot program.
    Sec. 191. Extending aviation development streamlining.
    Sec. 192. Zero-emission vehicles and technology.

                    TITLE II--FAA SAFETY CERTIFICATION REFORM

                         Subtitle A--General Provisions

    Sec. 201. Definitions.
    Sec. 202. Safety Oversight and Certification Advisory Committee.

                    Subtitle B--Aircraft Certification Reform

    Sec. 211. Aircraft certification performance objectives and metrics.
    Sec. 212. Organization designation authorizations.
    Sec. 213. ODA review.
    Sec. 214. Type certification resolution process.
    Sec. 215. Review of certification process for small general aviation
               airplanes.
    Sec. 216. ODA staffing and oversight.

                       Subtitle C--Flight Standards Reform

    Sec. 221. Flight standards performance objectives and metrics.
    Sec. 222. FAA task force on flight standards reform.
    Sec. 223. Centralized safety guidance database.
    Sec. 224. Regulatory Consistency Communications Board.

                          Subtitle D--Safety Workforce

    Sec. 231. Safety workforce training strategy.

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    Sec. 232. Workforce review.

                       Subtitle E--International Aviation

    Sec. 241. Promotion of United States aerospace standards, products, and
               services abroad.
    Sec. 242. Bilateral exchanges of safety oversight responsibilities.
    Sec. 243. FAA leadership abroad.
    Sec. 244. Registration, certification, and related fees.

                                TITLE III--SAFETY

                         Subtitle A--General Provisions

    Sec. 301. Definitions.
    Sec. 302. FAA technical training.
    Sec. 303. Safety critical staffing.
    Sec. 304. International efforts regarding tracking of civil aircraft.
    Sec. 305. Aircraft data access and retrieval systems.
    Sec. 306. Advanced cockpit displays.
    Sec. 307. Emergency medical equipment on passenger aircraft.
    Sec. 308. FAA and NTSB review of general aviation safety.
    Sec. 309. Call to action airline engine safety review.
    Sec. 310. Sense of Congress on access to air carrier flight decks.
    Sec. 311. Part 135 accident and incident data.
    Sec. 312. Sense of Congress; pilot in command authority.
    Sec. 313. Report on conspicuity needs for surface vehicles operating on
               the airside of air carrier served airports.
    Sec. 314. Helicopter air ambulance operations data and reports.
    Sec. 315. Aviation rulemaking committee for part 135 pilot rest and duty
               rules.
    Sec. 316. Report on obsolete test equipment.
    Sec. 317. Helicopter fuel system safety.
    Sec. 318. Applicability of medical certification standards to operators
               of air balloons.
    Sec. 319. Designated pilot examiner reforms.
    Sec. 320. Voluntary reports of operational or maintenance issues related
               to aviation safety.
    Sec. 321. Evaluation regarding additional ground based transmitters.
    Sec. 322. Improved safety in rural areas.
    Sec. 323. Exit rows.
    Sec. 324. Comptroller General report on FAA enforcement policy.
    Sec. 325. Annual safety incident report.
    Sec. 326. Aircraft air quality.
    Sec. 327. Approach control radar.
    Sec. 328. Report on airline and passenger safety.
    Sec. 329. Performance-based standards.
    Sec. 330. Report and recommendations on certain aviation safety risks.
    Sec. 331. Review of FAA's Aviation Safety Information Analysis and
               Sharing System.
    Sec. 332. Airport rescue and firefighting.
    Sec. 333. Safe air transportation of lithium cells and batteries.
    Sec. 334. Runway safety.
    Sec. 335. Flight attendant duty period limitations and rest
               requirements.
    Sec. 336. Secondary cockpit barriers.
    Sec. 337. Aircraft cabin evacuation procedures.
    Sec. 338. Sense of Congress.
    Sec. 339. Civil penalties for interference.
    Sec. 339A. National in-flight sexual misconduct task force.
    Sec. 339B. Reporting process for sexual misconduct onboard aircraft.

                      Subtitle B--Unmanned Aircraft Systems

    Sec. 341. Definitions; Integration of civil unmanned aircraft systems
               into national airspace system.
    Sec. 342. Update of FAA comprehensive plan.
    Sec. 343. Unmanned aircraft test ranges.
    Sec. 344. Small unmanned aircraft in the Arctic.
    Sec. 345. Small unmanned aircraft safety standards.
    Sec. 346. Public unmanned aircraft systems.
    Sec. 347. Special authority for certain unmanned aircraft systems.
    Sec. 348. Carriage of property by small unmanned aircraft systems for
               compensation or hire.
    Sec. 349. Exception for limited recreational operations of unmanned
               aircraft.
    Sec. 350. Use of unmanned aircraft systems at institutions of higher
               education.

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    Sec. 351. Unmanned aircraft systems integration pilot program.
    Sec. 352. Part 107 transparency and technology improvements.
    Sec. 353. Emergency exemption process.
    Sec. 354. Treatment of unmanned aircraft operating underground.
    Sec. 355. Public UAS operations by Tribal governments.
    Sec. 356. Authorization of appropriations for Know Before You Fly
               campaign.
    Sec. 357. Unmanned aircraft systems privacy policy.
    Sec. 358. UAS privacy review.
    Sec. 359. Study on fire department and emergency service agency use of
               unmanned aircraft systems.
    Sec. 360. Study on financing of unmanned aircraft services.
    Sec. 361. Report on UAS and chemical aerial application.
    Sec. 362. Sense of Congress regarding unmanned aircraft safety.
    Sec. 363. Prohibition regarding weapons.
    Sec. 364. U.S. Counter-UAS system review of interagency coordination
               processes.
    Sec. 365. Cooperation related to certain counter-UAS technology.
    Sec. 366. Strategy for responding to public safety threats and
               enforcement utility of unmanned aircraft systems.
    Sec. 367. Incorporation of Federal Aviation Administration occupations
               relating to unmanned aircraft into veterans employment
               programs of the administration.
    Sec. 368. Public UAS access to special use airspace.
    Sec. 369. Applications for designation.
    Sec. 370. Sense of Congress on additional rulemaking authority.
    Sec. 371. Assessment of aircraft registration for small unmanned
               aircraft.
    Sec. 372. Enforcement.
    Sec. 373. Federal and local authorities.
    Sec. 374. Spectrum.
    Sec. 375. Federal Trade Commission authority.
    Sec. 376. Plan for full operational capability of unmanned aircraft
               systems traffic management.
    Sec. 377. Early implementation of certain UTM services.
    Sec. 378. Sense of Congress.
    Sec. 379. Commercial and governmental operators.
    Sec. 380. Transition language.
    Sec. 381. Unmanned aircraft systems in restricted buildings or grounds.
    Sec. 382. Prohibition.
    Sec. 383. Airport safety and airspace hazard mitigation and enforcement.
    Sec. 384. Unsafe operation of unmanned aircraft.

                       Subtitle C--General Aviation Safety

    Sec. 391. Short title.
    Sec. 392. Expansion of Pilot's Bill of Rights.
    Sec. 393. Notification of reexamination of certificate holders.
    Sec. 394. Expediting updates to NOTAM Program.
    Sec. 395. Accessibility of certain flight data.
    Sec. 396. Authority for legal counsel to issue certain notices.

                       TITLE IV--AIR SERVICE IMPROVEMENTS

                Subtitle A--Airline Customer Service Improvements

    Sec. 401. Definitions.
    Sec. 402. Reliable air service in American Samoa.
    Sec. 403. Cell phone voice communication ban.
    Sec. 404. Improved notification of insecticide use.
    Sec. 405. Consumer complaints hotline.
    Sec. 406. Consumer information on actual flight times.
    Sec. 407. Training policies regarding racial, ethnic, and religious
               nondiscrimination.
    Sec. 408. Training on human trafficking for certain staff.
    Sec. 409. Prohibitions against smoking on passenger flights.
    Sec. 410. Report on baggage reporting requirements.
    Sec. 411. Enforcement of aviation consumer protection rules.
    Sec. 412. Strollers.
    Sec. 413. Causes of airline delays or cancellations.
    Sec. 414. Involuntary changes to itineraries.
    Sec. 415. Extension of Advisory Committee for Aviation Consumer
               Protection.
    Sec. 416. Online access to aviation consumer protection information.
    Sec. 417. Protection of pets on airplanes.
    Sec. 418. Advisory committee on air ambulance and patient billing.
    Sec. 419. Air ambulance complaints to the Department of Transportation.

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    Sec. 420. Report to Congress on air ambulance oversight.
    Sec. 421. Refunds for other fees that are not honored by a covered air
               carrier.
    Sec. 422. Advance boarding during pregnancy.
    Sec. 423. Consumer complaint process improvement.
    Sec. 424. Aviation consumer advocate.
    Sec. 425. TICKETS Act.
    Sec. 426. Report on availability of lavatories on commercial aircraft.
    Sec. 427. Consumer protection requirements relating to large ticket
               agents.
    Sec. 428. Widespread disruptions.
    Sec. 429. Passenger rights.

                Subtitle B--Aviation Consumers With Disabilities

    Sec. 431. Aviation consumers with disabilities study.
    Sec. 432. Study on in-cabin wheelchair restraint systems.
    Sec. 433. Improving wheelchair assistance for individuals with
               disabilities.
    Sec. 434. Airline Passengers with Disabilities Bill of Rights.
    Sec. 435. Sense of Congress regarding equal access for individuals with
               disabilities.
    Sec. 436. Civil penalties relating to harm to passengers with
               disabilities.
    Sec. 437. Harmonization of service animal standards.
    Sec. 438. Review of practices for ticketing, pre-flight seat
               assignments, and stowing of assistive devices for passengers
               with disabilities.
    Sec. 439. Advisory committee on the air travel needs of passengers with
               disabilities.
    Sec. 440. Regulations ensuring assistance for passengers with
               disabilities in air transportation.
    Sec. 441. Transparency for disabled passengers.

                     Subtitle C--Small Community Air Service

    Sec. 451. Essential air service authorization.
    Sec. 452. Study on essential air service reform.
    Sec. 453. Air transportation to noneligible places.
    Sec. 454. Inspector general review of service and oversight of
               unsubsidized carriers.
    Sec. 455. Small community air service.
    Sec. 456. Waivers.
    Sec. 457. Extension of final order establishing mileage adjustment
               eligibility.
    Sec. 458. Reduction in subsidy-per-passenger.

                             TITLE V--MISCELLANEOUS

    Sec. 501. Definitions.
    Sec. 502. Report on air traffic control modernization.
    Sec. 503. Return on investment report.
    Sec. 504. Air traffic control operational contingency plans.
    Sec. 505. 2020 ADS-B Out mandate plan.
    Sec. 506. Securing aircraft avionics systems.
    Sec. 507. Human factors.
    Sec. 508. Programmatic risk management.
    Sec. 509. Review of FAA strategic cybersecurity plan.
    Sec. 510. Consolidation and realignment of FAA services and facilities.
    Sec. 511. FAA review and reform.
    Sec. 512. Air shows.
    Sec. 513. Part 91 review, reform, and streamlining.
    Sec. 514. Aircraft leasing.
    Sec. 515. Pilots sharing flight expenses with passengers.
    Sec. 516. Terminal Aerodrome Forecast.
    Sec. 517. Public aircraft eligible for logging flight times.
    Sec. 518. Aircraft Registry Office.
    Sec. 519. FAA data transparency.
    Sec. 520. Intra-agency coordination.
    Sec. 521. Administrative Services Franchise Fund.
    Sec. 522. Automatic dependent surveillance-broadcast.
    Sec. 523. Contract weather observers.
    Sec. 524. Regions and centers.
    Sec. 525. Geosynthetic materials.
    Sec. 526. National Airmail Museum.
    Sec. 527. Status of agreement between FAA and Little Rock Port
               Authority.
    Sec. 528. Briefing on aircraft diversions from Los Angeles International
               Airport to Hawthorne Municipal Airport.
    Sec. 529. TFR report.
    Sec. 530. Air traffic services at aviation events.
    Sec. 531. Application of veterans' preference to Federal Aviation
               Administration personnel management system.

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    Sec. 532. Clarification of requirements for living history flights.
    Sec. 533. Review and reform of FAA performance management system.
    Sec. 534. NextGen delivery study.
    Sec. 535. Study on allergic reactions.
    Sec. 536. Oxygen mask design study.
    Sec. 537. Air cargo study.
    Sec. 538. Sense of Congress on preventing the transportation of disease-
               carrying mosquitoes and other insects on commercial aircraft.
    Sec. 539. Technical corrections.
    Sec. 540. Report on illegal charter flights.
    Sec. 541. Use of NASA's super guppy aircraft for commercial transport.
    Sec. 542. Prohibited airspace assessment.
    Sec. 543. Report on multiagency use of airspace and environmental
               review.
    Sec. 544. Agency procurement reporting requirements.
    Sec. 545. FAA organizational reform.
    Sec. 546. FAA Civil Aviation Registry upgrade.
    Sec. 547. Enhanced air traffic services.
    Sec. 548. Sense of Congress on artificial intelligence in aviation.
    Sec. 549. Study on cybersecurity workforce of FAA.
    Sec. 550. Treatment of multiyear lessees of large and turbine-powered
               multiengine aircraft.
    Sec. 551. Employee Assault Prevention and Response Plans.
    Sec. 552. Study on training of customer-facing air carrier employees.
    Sec. 553. Automated weather observing systems policy.
    Sec. 554. Prioritizing and supporting the Human Intervention Motivation
               Study (HIMS) program and the Flight Attendant Drug and
               Alcohol Program (FADAP).
    Sec. 555. Cost-effectiveness analysis of equipment rental.
    Sec. 556. Aircraft registration.
    Sec. 557. Requirement to consult with stakeholders in defining scope and
               requirements for future flight service program.
    Sec. 558. Federal Aviation Administration performance measures and
               targets.
    Sec. 559. Report on plans for air traffic control facilities in the New
               York City and Newark region.
    Sec. 560. Work plan for the New York/New Jersey/Philadelphia
               Metropolitan Area Airspace Project.
    Sec. 561. Annual report on inclusion of disabled veteran leave in
               personnel management system.
    Sec. 562. Enhanced surveillance capability.
    Sec. 563. Access of air carriers to information about applicants to be
               pilots from national driver register.
    Sec. 564. Regulatory reform.
    Sec. 565. Aviation fuel.
    Sec. 566. Right to privacy when using air traffic control system.
    Sec. 567. Federal Aviation Administration workforce review.
    Sec. 568. Review of approval process for use of large air tankers and
               very large air tankers for wildland firefighting.
    Sec. 569. FAA technical workforce.
    Sec. 570. Study on airport credit assistance.
    Sec. 571. Spectrum availability.
    Sec. 572. Special review relating to air space changes.
    Sec. 573. Reimbursement for immigration inspections.
    Sec. 574. FAA employees in Guam.
    Sec. 575. GAO study on airline computer network disruptions.
    Sec. 576. Tower marking.
    Sec. 577. Minimum dimensions for passenger seats.
    Sec. 578. Judicial review for proposed alternative environmental review
               and approval procedures.
    Sec. 579. Regulatory streamlining.
    Sec. 580. Spaceports.
    Sec. 581. Special rule for certain aircraft operations (space support
               vehicles).
    Sec. 582. Portability of repairman certificates.
    Sec. 583. Undeclared hazardous materials public awareness campaign.
    Sec. 584. Liability protection for volunteer pilots who fly for the
               public benefit.

                          TITLE VI--AVIATION WORKFORCE

                          Subtitle A--Youth in Aviation

    Sec. 601. Student outreach report.
    Sec. 602. Youth Access to American Jobs in Aviation Task Force.

                          Subtitle B--Women in Aviation

    Sec. 611. Sense of Congress regarding women in aviation.

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    Sec. 612. Supporting women's involvement in the aviation field.

                    Subtitle C--Future of Aviation Workforce

    Sec. 621. Aviation and aerospace workforce of the future.
    Sec. 622. Aviation and aerospace workforce of the future study.
    Sec. 623. Sense of Congress on hiring veterans.
    Sec. 624. Aviation maintenance industry technical workforce.
    Sec. 625. Aviation workforce development programs.

                 Subtitle D--Unmanned Aircraft Systems Workforce

    Sec. 631. Community and technical college centers of excellence in small
               unmanned aircraft system technology training.
    Sec. 632. Collegiate training initiative program for unmanned aircraft
               systems.

                            TITLE VII--FLIGHT R&D ACT

                         Subtitle A--General Provisions

    Sec. 701. Short title.
    Sec. 702. Definitions.
    Sec. 703. Authorization of appropriations.

              Subtitle B--FAA Research and Development Organization

    Sec. 711. Assistant Administrator for Research and Development.
    Sec. 712. Research advisory committee.

                      Subtitle C--Unmanned Aircraft Systems

    Sec. 721. Unmanned aircraft systems research and development roadmap.

            Subtitle D--Cybersecurity and Responses to Other Threats

    Sec. 731. Cyber Testbed.
    Sec. 732. Study on the effect of extreme weather on air travel.

               Subtitle E--FAA Research and Development Activities

    Sec. 741. Research plan for the certification of new technologies into
               the national airspace system.
    Sec. 742. Technology review.
    Sec. 743. CLEEN aircraft and engine technology partnership.
    Sec. 744. Research and deployment of certain airfield pavement
               technologies.

                           Subtitle F--Geospatial Data

    Sec. 751. Short title; findings.
    Sec. 752. Definitions.
    Sec. 753. Federal Geographic Data Committee.
    Sec. 754. National Geospatial Advisory Committee.
    Sec. 755. National Spatial Data Infrastructure.
    Sec. 756. National Geospatial Data Asset data themes.
    Sec. 757. Geospatial data standards.
    Sec. 758. GeoPlatform.
    Sec. 759. Covered agency responsibilities.
    Sec. 759A. Limitation on use of Federal funds.
    Sec. 759B. Savings provision.
    Sec. 759C. Private sector.

                            Subtitle G--Miscellaneous

    Sec. 761. NextGen research.
    Sec. 762. Advanced Materials Center of Excellence.

                     TITLE VIII--AVIATION REVENUE PROVISIONS

    Sec. 801. Expenditure authority from Airport and Airway Trust Fund.
    Sec. 802. Extension of taxes funding Airport and Airway Trust Fund.

    DIVISION C--NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF
                                      2018

    Sec. 1101. Short title.
    Sec. 1102. Definitions.
    Sec. 1103. Authorization of appropriations.
    Sec. 1104. Still images.
    Sec. 1105. Electronic records.
    Sec. 1106. Report on Most Wanted List methodology.

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    Sec. 1107. Methodology.
    Sec. 1108. Multimodal accident database management system.
    Sec. 1109. Addressing the needs of families of individuals involved in
               accidents.
    Sec. 1110. Government Accountability Office report on investigation
               launch decision-making processes.
    Sec. 1111. Periodic review of safety recommendations.
    Sec. 1112. General organization.
    Sec. 1113. Technical and conforming amendments.

                      DIVISION D--DISASTER RECOVERY REFORM

    Sec. 1201. Short title.
    Sec. 1202. Applicability.
    Sec. 1203. Definitions.
    Sec. 1204. Wildfire prevention.
    Sec. 1205. Additional activities.
    Sec. 1206. Eligibility for code implementation and enforcement.
    Sec. 1207. Program improvements.
    Sec. 1208. Prioritization of facilities.
    Sec. 1209. Guidance on evacuation routes.
    Sec. 1210. Duplication of benefits.
    Sec. 1211. State administration of assistance for direct temporary
               housing and permanent housing construction.
    Sec. 1212. Assistance to individuals and households.
    Sec. 1213. Multifamily lease and repair assistance.
    Sec. 1214. Private nonprofit facility.
    Sec. 1215. Management costs.
    Sec. 1216. Flexibility.
    Sec. 1217. Additional disaster assistance.
    Sec. 1218. National veterinary emergency teams.
    Sec. 1219. Right of arbitration.
    Sec. 1220. Unified Federal environmental and historic preservation
               review.
    Sec. 1221. Closeout incentives.
    Sec. 1222. Performance of services.
    Sec. 1223. Study to streamline and consolidate information collection.
    Sec. 1224. Agency accountability.
    Sec. 1225. Audit of contracts.
    Sec. 1226. Inspector general audit of FEMA contracts for tarps and
               plastic sheeting.
    Sec. 1227. Relief organizations.
    Sec. 1228. Guidance on inundated and submerged roads.
    Sec. 1229. Extension of assistance.
    Sec. 1230. Guidance and recommendations.
    Sec. 1231. Guidance on hazard mitigation assistance.
    Sec. 1232. Local impact.
    Sec. 1233. Additional hazard mitigation activities.
    Sec. 1234. National public infrastructure predisaster hazard mitigation.
    Sec. 1235. Additional mitigation activities.
    Sec. 1236. Guidance and training by FEMA on coordination of emergency
               response plans.
    Sec. 1237. Certain recoupment prohibited.
    Sec. 1238. Federal assistance to individuals and households and
               nonprofit facilities.
    Sec. 1239. Cost of assistance estimates.
    Sec. 1240. Report on insurance shortfalls.
    Sec. 1241. Post disaster building safety assessment.
    Sec. 1242. FEMA updates on national preparedness assessment.
    Sec. 1243. FEMA report on duplication in non-natural disaster
               preparedness grant programs.
    Sec. 1244. Study and report.
    Sec. 1245. Review of assistance for damaged underground water
               infrastructure.
    Sec. 1246. Extension.

                          DIVISION E--CONCRETE MASONRY

    Sec. 1301. Short title.
    Sec. 1302. Declaration of policy.
    Sec. 1303. Definitions.
    Sec. 1304. Issuance of orders.
    Sec. 1305. Required terms in orders.
    Sec. 1306. Assessments.
    Sec. 1307. Referenda.
    Sec. 1308. Petition and review.
    Sec. 1309. Enforcement.

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    Sec. 1310. Investigation and power to subpoena.
    Sec. 1311. Suspension or termination.
    Sec. 1312. Amendments to orders.
    Sec. 1313. Effect on other laws.
    Sec. 1314. Regulations.
    Sec. 1315. Limitation on expenditures for administrative expenses.
    Sec. 1316. Limitations on obligation of funds.
    Sec. 1317. Study and report by the Government Accountability Office.
    Sec. 1318. Study and report by the Department of Commerce.

                          DIVISION F--BUILD ACT OF 2018

    Sec. 1401. Short title.
    Sec. 1402. Definitions.

                             TITLE I--ESTABLISHMENT

    Sec. 1411. Statement of policy.
    Sec. 1412. United States International Development Finance Corporation.
    Sec. 1413. Management of Corporation.
    Sec. 1414. Inspector General of the Corporation.
    Sec. 1415. Independent accountability mechanism.

                              TITLE II--AUTHORITIES

    Sec. 1421. Authorities relating to provision of support.
    Sec. 1422. Terms and conditions.
    Sec. 1423. Payment of losses.
    Sec. 1424. Termination.

                TITLE III--ADMINISTRATIVE AND GENERAL PROVISIONS

    Sec. 1431. Operations.
    Sec. 1432. Corporate powers.
    Sec. 1433. Maximum contingent liability.
    Sec. 1434. Corporate funds.
    Sec. 1435. Coordination with other development agencies.

                 TITLE IV--MONITORING, EVALUATION, AND REPORTING

    Sec. 1441. Establishment of risk and audit committees.
    Sec. 1442. Performance measures, evaluation, and learning.
    Sec. 1443. Annual report.
    Sec. 1444. Publicly available project information.
    Sec. 1445. Engagement with investors.
    Sec. 1446. Notifications to be provided by the Corporation.

               TITLE V--CONDITIONS, RESTRICTIONS, AND PROHIBITIONS

    Sec. 1451. Limitations and preferences.
    Sec. 1452. Additionality and avoidance of market distortion.
    Sec. 1453. Prohibition on support in countries that support terrorism or
               violate human rights and with sanctioned persons.
    Sec. 1454. Applicability of certain provisions of law.

                        TITLE VI--TRANSITIONAL PROVISIONS

    Sec. 1461. Definitions.
    Sec. 1462. Reorganization plan.
    Sec. 1463. Transfer of functions.
    Sec. 1464. Termination of Overseas Private Investment Corporation and
               other superceded authorities.
    Sec. 1465. Transitional authorities.
    Sec. 1466. Savings provisions.
    Sec. 1467. Other terminations.
    Sec. 1468. Incidental transfers.
    Sec. 1469. Reference.
    Sec. 1470. Conforming amendments.

                          DIVISION G--SYRIA STUDY GROUP

    Sec. 1501. Syria Study Group.

                     DIVISION H--PREVENTING EMERGING THREATS

    Sec. 1601. Short title.
    Sec. 1602. Protection of certain facilities and assets from unmanned
               aircraft.
    Sec. 1603. Protecting against unmanned aircraft.

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        DIVISION I--SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF, 2018

    Sec. 1701. Budgetary effects.

                          DIVISION J--MARITIME SECURITY

    Sec. 1801. Short title.
    Sec. 1802. Definitions.
    Sec. 1803. Coordination with TSA on maritime facilities.
    Sec. 1804. Strategic plan to enhance the security of the international
               supply chain.
    Sec. 1805. Cybersecurity information sharing and coordination in ports.
    Sec. 1806. Facility inspection intervals.
    Sec. 1807. Updates of maritime operations coordination plan.
    Sec. 1808. Evaluation of Coast Guard deployable specialized forces.
    Sec. 1809. Repeal of interagency operational centers for port security
               and secure systems of transportation.
    Sec. 1810. Duplication of efforts in the maritime domain.
    Sec. 1811. Maritime security capabilities assessments.
    Sec. 1812. Container Security Initiative.
    Sec. 1813. Maritime border security review.
    Sec. 1814. Maritime border security cooperation.
    Sec. 1815. Transportation worker identification credential appeals
               process.
    Sec. 1816. Technical and conforming amendments.

                       DIVISION K--TRANSPORTATION SECURITY

                        TITLE I--TRANSPORTATION SECURITY

    Sec. 1901. Short title; references.
    Sec. 1902. Definitions.

                   Subtitle A--Organization and Authorizations

    Sec. 1903. Authorization of appropriations.
    Sec. 1904. Administrator of the Transportation Security Administration;
               5-year term.
    Sec. 1905. Transportation Security Administration organization.
    Sec. 1906. Transportation Security Administration efficiency.
    Sec. 1907. Personnel management system review.
    Sec. 1908. TSA leap pay reform.
    Sec. 1909. Rank awards program for transportation security
               administration executives and senior professionals.
    Sec. 1910. Transmittals to Congress.

                         Subtitle B--Security Technology

    Sec. 1911. Third party testing and verification of screening technology.
    Sec. 1912. Transportation security administration systems integration
               facility.
    Sec. 1913. Opportunities to pursue expanded networks for business.
    Sec. 1914. Reciprocal recognition of security standards.
    Sec. 1915. Transportation Security Laboratory.
    Sec. 1916. Innovation Task Force.
    Sec. 1917. 5-Year technology investment plan update.
    Sec. 1918. Maintenance of security-related technology.
    Sec. 1919. Biometrics expansion.
    Sec. 1920. Pilot program for automated exit lane technology.
    Sec. 1921. Authorization of appropriations; exit lane security.
    Sec. 1922. Real-time security checkpoint wait times.
    Sec. 1923. GAO report on deployment of screening technologies across
               airports.
    Sec. 1924. Screening technology review and performance objectives.
    Sec. 1925. Computed tomography pilot programs.

                        Subtitle C--Public Area Security

    Sec. 1926. Definitions.
    Sec. 1927. Explosives detection canine capacity building.
    Sec. 1928. Third party domestic canines.
    Sec. 1929. Tracking and monitoring of canine training and testing.
    Sec. 1930. VIPR team statistics.
    Sec. 1931. Public area security working group.
    Sec. 1932. Public area best practices.
    Sec. 1933. Airport worker access controls cost and feasibility study.
    Sec. 1934. Securing airport worker access points.
    Sec. 1935. Law Enforcement Officer Reimbursement Program.
    Sec. 1936. Airport perimeter and access control security.

    [[Page 132 STAT. 3196]]

                    Subtitle D--Passenger and Cargo Security

    Sec. 1937. PreCheck Program.
    Sec. 1938. PreCheck expedited screening.
    Sec. 1939. Trusted traveler programs; collaboration.
    Sec. 1940. Passenger security fee.
    Sec. 1941. Third party canine teams for air cargo security.
    Sec. 1942. Known Shipper Program review.
    Sec. 1943. Establishment of air cargo security division.
    Sec. 1944. Air cargo regulation review.
    Sec. 1945. GAO review.
    Sec. 1946. Screening partnership program updates.
    Sec. 1947. Screening performance assessments.
    Sec. 1948. Transportation security training programs.
    Sec. 1949. Traveler redress improvement.
    Sec. 1950. Improvements for screening of passengers with disabilities.
    Sec. 1951. Air cargo advance screening program.
    Sec. 1952. General aviation airports.

                      Subtitle E--Foreign Airport Security

    Sec. 1953. Last point of departure airports; security directives.
    Sec. 1954. Last point of departure airport assessment.
    Sec. 1955. Tracking security screening equipment from last point of
               departure airports.
    Sec. 1956. International security standards.
    Sec. 1957. Aviation security in Cuba.
    Sec. 1958. Report on airports used by Mahan Air.

                     Subtitle F--Cockpit and Cabin Security

    Sec. 1959. Federal air marshal service updates.
    Sec. 1960. Crew member self-defense training.
    Sec. 1961. Flight deck safety and security.
    Sec. 1962. Carriage of weapons, explosives, and incendiaries by
               individuals.
    Sec. 1963. Federal flight deck officer program improvements.

                   Subtitle G--Surface Transportation Security

    Sec. 1964. Surface transportation security assessment and implementation
               of risk-based strategy.
    Sec. 1965. Risk-based budgeting and resource allocation.
    Sec. 1966. Surface transportation security management and interagency
               coordination review.
    Sec. 1967. Transparency.
    Sec. 1968. TSA counterterrorism asset deployment.
    Sec. 1969. Surface Transportation Security Advisory Committee.
    Sec. 1970. Review of the explosives detection canine team program.
    Sec. 1971. Expansion of national explosives detection canine team
               program.
    Sec. 1972. Study on security standards and best practices for passenger
               transportation systems.
    Sec. 1973. Amtrak security upgrades.
    Sec. 1974. Passenger rail vetting.
    Sec. 1975. Study on surface transportation inspectors.
    Sec. 1976. Security awareness program.
    Sec. 1977. Voluntary use of credentialing.
    Sec. 1978. Background records checks for issuance of hazmat licenses.
    Sec. 1979. Cargo container scanning technology review.
    Sec. 1980. Pipeline security study.
    Sec. 1981. Feasibility assessment.
    Sec. 1982. Best practices to secure against vehicle-based attacks.
    Sec. 1983. Surface transportation stakeholder survey.
    Sec. 1984. Nuclear material and explosive detection technology.

                       Subtitle H--Transportation Security

    Sec. 1985. National strategy for transportation security review.
    Sec. 1986. Risk scenarios.
    Sec. 1987. Integrated and unified operations centers.
    Sec. 1988. National Deployment Force.
    Sec. 1989. Information sharing and cybersecurity.
    Sec. 1990. Security technologies tied to foreign threat countries.

               Subtitle I--Conforming and Miscellaneous Amendments

    Sec. 1991. Title 49 amendments.

    [[Page 132 STAT. 3197]]

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

     DIVISION A <<NOTE: Sports Medicine Licensure Clarity Act of 2018.>> --
    SPORTS MEDICINE LICENSURE
    SEC. 11. <<NOTE: 15 USC 8601 note.>>  SHORT TITLE.

        This division may be cited as the ``Sports Medicine Licensure
    Clarity Act of 2018''.
    SEC. 12. <<NOTE: 15 USC 8601.>>  PROTECTIONS FOR COVERED SPORTS
                          MEDICINE PROFESSIONALS.

        (a) In General.--In the case of a covered sports medicine
    professional who has in effect medical professional liability insurance
    coverage and provides in a secondary State covered medical services that
    are within the scope of practice of such professional in the primary
    State to an athlete or an athletic team (or a staff member of such an
    athlete or athletic team) pursuant to an agreement described in
    subsection (c)(4) with respect to such athlete or athletic team--
                (1) such medical professional liability insurance coverage
            shall cover (subject to any related premium adjustments) such
            professional with respect to such covered medical services
            provided by the professional in the secondary State to such an
            individual or team as if such services were provided by such
            professional in the primary State to such an individual or team;
            and
                (2) to the extent such professional is licensed under the
            requirements of the primary State to provide such services to
            such an individual or team, the professional shall be treated as
            satisfying any licensure requirements of the secondary State to
            provide such services to such an individual or team to the
            extent the licensure requirements of the secondary State are
            substantially similar to the licensure requirements of the
            primary State.

        (b) Rule of Construction.--Nothing in this section shall be
    construed--
                (1) to allow a covered sports medicine professional to
            provide medical services in the secondary State that exceed the
            scope of that professional's license in the primary State;
                (2) to allow a covered sports medicine professional to
            provide medical services in the secondary State that exceed the
            scope of a substantially similar sports medicine professional
            license in the secondary State;
                (3) to supersede any reciprocity agreement in effect between
            the two States regarding such services or such professionals;
                (4) to supersede any interstate compact agreement entered
            into by the two States regarding such services or such
            professionals; or
                (5) to supersede a licensure exemption the secondary State
            provides for sports medicine professionals licensed in the
            primary State.

        (c) Definitions.--In this division, the following definitions apply:
                (1) Athlete.--The term ``athlete'' means--

    [[Page 132 STAT. 3198]]

                        (A) an individual participating in a sporting event
                    or activity for which the individual may be paid;
                        (B) an individual participating in a sporting event
                    or activity sponsored or sanctioned by a national
                    governing body; or
                        (C) an individual for whom a high school or
                    institution of higher education provides a covered
                    sports medicine professional.
                (2) Athletic team.--The term ``athletic team'' means a
            sports team--
                        (A) composed of individuals who are paid to
                    participate on the team;
                        (B) composed of individuals who are participating in
                    a sporting event or activity sponsored or sanctioned by
                    a national governing body; or
                        (C) for which a high school or an institution of
                    higher education provides a covered sports medicine
                    professional.
                (3) Covered medical services.--The term ``covered medical
            services'' means general medical care, emergency medical care,
            athletic training, or physical therapy services. Such term does
            not include care provided by a covered sports medicine
            professional--
                        (A) at a health care facility; or
                        (B) while a health care provider licensed to
                    practice in the secondary State is transporting the
                    injured individual to a health care facility.
                (4) Covered sports medicine professional.--The term
            ``covered sports medicine professional'' means a physician,
            athletic trainer, or other health care professional who--
                        (A) is licensed to practice in the primary State;
                        (B) provides covered medical services, pursuant to a
                    written agreement with an athlete, an athletic team, a
                    national governing body, a high school, or an
                    institution of higher education; and
                        (C) prior to providing the covered medical services
                    described in subparagraph (B), has disclosed the nature
                    and extent of such services to the entity that provides
                    the professional with liability insurance in the primary
                    State.
                (5) Health care facility.--The term ``health care facility''
            means a facility in which medical care, diagnosis, or treatment
            is provided on an inpatient or outpatient basis. Such term does
            not include facilities at an arena, stadium, or practice
            facility, or temporary facilities existing for events where
            athletes or athletic teams may compete.
                (6) Institution of higher education.--The term ``institution
            of higher education'' has the meaning given such term in section
            101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
                (7) License.--The term ``license'' or ``licensure'', as
            applied with respect to a covered sports medicine professional,
            means a professional that has met the requirements and is
            approved to provide covered medical services in accordance with
            State laws and regulations in the primary State. Such term may
            include the registration or certification, or any other form of
            special recognition, of an individual as such a professional, as
            applicable.

    [[Page 132 STAT. 3199]]

                (8) National governing body.--The term ``national governing
            body'' has the meaning given such term in section 220501 of
            title 36, United States Code.
                (9) Primary state.--The term ``primary State'' means, with
            respect to a covered sports medicine professional, the State in
            which--
                        (A) the covered sports medicine professional is
                    licensed to practice; and
                        (B) the majority of the covered sports medicine
                    professional's practice is underwritten for medical
                    professional liability insurance coverage.
                (10) Secondary state.--The term ``secondary State'' means,
            with respect to a covered sports medicine professional, any
            State that is not the primary State.
                (11) State.--The term ``State'' means each of the several
            States, the District of Columbia, and each commonwealth,
            territory, or possession of the United States.
                (12) Substantially similar.--The term ``substantially
            similar'', with respect to the licensure by primary and
            secondary States of a sports medicine professional, means that
            both the primary and secondary States have in place a form of
            licensure for such professionals that permits such professionals
            to provide covered medical services.

                   DIVISION B--FAA REAUTHORIZATION ACT OF 2018

    SEC. 101. <<NOTE: 49 USC 40101 note.>>  DEFINITION OF APPROPRIATE
                            COMMITTEES OF CONGRESS.

        In this division, the term ``appropriate committees of Congress''
    means the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives.

                             TITLE I--AUTHORIZATIONS

                       Subtitle A--Funding of FAA Programs

    SEC. 111. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
                            PLANNING AND PROGRAMS.

        (a) Authorization.--Section 48103(a) of title 49, United States
    Code, is amended by striking ``section 47504(c)'' and all that follows
    through the period at the end and inserting the following: ``section
    47504(c)--
                ``(1) $3,350,000,000 for fiscal year 2018;
                ``(2) $3,350,000,000 for fiscal year 2019;
                ``(3) $3,350,000,000 for fiscal year 2020;
                ``(4) $3,350,000,000 for fiscal year 2021;
                ``(5) $3,350,000,000 for fiscal year 2022; and
                ``(6) $3,350,000,000 for fiscal year 2023.''.

        (b) Obligation Authority.--Section 47104(c) of title 49, United
    States Code, is amended in the matter preceding paragraph (1) by
    striking ``2018,'' and inserting ``2023,''.

    [[Page 132 STAT. 3200]]

    SEC. 112. FACILITIES AND EQUIPMENT.

        (a) Authorization of Appropriations From Airport and Airway Trust
    Fund.--Section 48101(a) of title 49, United States Code, is amended by
    striking paragraphs (1) through (5) and inserting the following:
                ``(1) $3,330,000,000 for fiscal year 2018.
                ``(2) $3,398,000,000 for fiscal year 2019.
                ``(3) $3,469,000,000 for fiscal year 2020.
                ``(4) $3,547,000,000 for fiscal year 2021.
                ``(5) $3,624,000,000 for fiscal year 2022.
                ``(6) $3,701,000,000 for fiscal year 2023.''.

        (b) Authorized Expenditures.--Section 48101(c) of title 49, United
    States Code, is amended--
                (1) in the subsection heading by striking ``Automated
            Surface Observation System/Automated Weather Observing System
            Upgrade'' and inserting ``Authorized Expenditures''; and
                (2) by striking ``may be used for the implementation'' and
            all that follows through the period at the end and inserting the
            following: ``may be used for the following:
                ``(1) The implementation and use of upgrades to the current
            automated surface observation system/automated weather observing
            system, if the upgrade is successfully demonstrated.
                ``(2) The acquisition and construction of remote towers (as
            defined in section 161 of the FAA Reauthorization Act of 2018).
                ``(3) The remediation and elimination of identified
            cybersecurity vulnerabilities in the air traffic control system.
                ``(4) The construction of facilities dedicated to improving
            the cybersecurity of the National Airspace System.
                ``(5) Systems associated with the Data Communications
            program.
                ``(6) The infrastructure, sustainment, and the elimination
            of the deferred maintenance backlog of air navigation facilities
            and other facilities for which the Federal Aviation
            Administration is responsible.
                ``(7) The modernization and digitization of the Civil
            Aviation Registry.
                ``(8) The construction of necessary Priority 1 National
            Airspace System facilities.
                ``(9) Cost-beneficial construction, rehabilitation, or
            retrofitting programs designed to reduce Federal Aviation
            Administration facility operating costs.''.
    SEC. 113. FAA OPERATIONS.

        (a) In General.--Section 106(k)(1) of title 49, United States Code,
    is amended by striking subparagraphs (A) through (F) and inserting the
    following:
                        ``(A) $10,247,000,000 for fiscal year 2018;
                        ``(B) $10,486,000,000 for fiscal year 2019;
                        ``(C) $10,732,000,000 for fiscal year 2020;
                        ``(D) $11,000,000,000 for fiscal year 2021;
                        ``(E) $11,269,000,000 for fiscal year 2022; and
                        ``(F) $11,537,000,000 for fiscal year 2023.''.

        (b) Authorized Expenditures.--Section 106(k)(2) of title 49, United
    States Code, is amended by adding at the end the following:
                        ``(D) Not more than the following amounts for
                    commercial space transportation activities:
                              ``(i) $22,587,000 for fiscal year 2018.

    [[Page 132 STAT. 3201]]

                              ``(ii) $33,038,000 for fiscal year 2019.
                              ``(iii) $43,500,000 for fiscal year 2020.
                              ``(iv) $54,970,000 for fiscal year 2021.
                              ``(v) $64,449,000 for fiscal year 2022.
                              ``(vi) $75,938,000 for fiscal year 2023.''.

        (c) Authority to Transfer Funds.--Section 106(k)(3) of title 49,
    United States Code, is amended by striking ``fiscal years 2012 through
    2018,'' and inserting ``fiscal years 2018 through 2023,''.
    SEC. 114. WEATHER REPORTING PROGRAMS.

        Section 48105 of title 49, United States Code, is amended--
                (1) by striking ``To reimburse the'' and all that follows
            through ``the Secretary of Transportation'' and inserting ``To
            sustain the aviation weather reporting programs of the Federal
            Aviation Administration, the Secretary of Transportation''; and
                (2) by adding at the end the following:
                ``(4) $39,000,000 for each of fiscal years 2019 through
            2023.''.
    SEC. 115. ADJUSTMENT TO AIP PROGRAM FUNDING.

        Section 48112 of title 49, United States Code, and the item relating
    to such section in the analysis for chapter 481 of such
    title, <<NOTE: 49 USC 48101 prec.>>  are repealed.
    SEC. 116. FUNDING FOR AVIATION PROGRAMS.

        Section 48114(a)(1)(A)(ii) of title 49, United States Code, is
    amended by striking ``in fiscal year 2014 and each fiscal year
    thereafter'' and inserting ``in fiscal years 2014 through 2018''.
    SEC. 117. EXTENSION OF EXPIRING AUTHORITIES.

        (a) Marshall Islands, Micronesia, and Palau.--Section 47115 of title
    49, United States Code, is amended--
                (1) by striking subsection (i);
                (2) by redesignating subsection (j) as subsection (i); and
                (3) in subsection (i) (as so redesignated), by striking
            ``fiscal years 2012 through 2018'' and inserting ``fiscal years
            2018 through 2023''.

        (b) Extension of Compatible Land Use Planning and Projects by State
    and Local Governments.--Section 47141(f) of title 49, United States
    Code, is amended by striking ``September 30, 2018'' and inserting
    ``September 30, 2023''.
        (c) Midway Island Airport.--Section 186(d) of the Vision 100--
    Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat.
    2518) is amended by striking ``for fiscal years 2012 through 2018'' and
    inserting ``for fiscal years 2018 through 2023''.
        (d) Extension of Pilot Program for Redevelopment of Airport
    Properties.--Section 822(k) of the FAA Modernization and Reform Act of
    2012 (49 U.S.C. 47141 note) is amended by striking ``September 30,
    2018'' and inserting ``September 30, 2023''.

                     Subtitle B--Passenger Facility Charges

    SEC. 121. PASSENGER FACILITY CHARGE MODERNIZATION.

        (a) Passenger Facility Charges; General Authority.--Section
    40117(b)(4) of title 49, United States Code, is amended--
                (1) in the matter preceding subparagraph (A), by striking
            ``, if the Secretary finds--'' and inserting a period; and

    [[Page 132 STAT. 3202]]

                (2) by striking subparagraphs (A) and (B).

        (b) Pilot Program for Passenger Facility Charge Authorizations at
    Nonhub Airports.--Section 40117(l) of title 49, United States Code, is
    amended--
                (1) in the heading, by striking ``at Nonhub Airports'';
                (2) in paragraph (1), by striking ``nonhub''; and
                (3) in paragraph (6), by striking ``Not later than 180 days
            after the date of enactment of this subsection, the'' and
            inserting ``The''.
    SEC. 122. FUTURE AVIATION INFRASTRUCTURE AND FINANCING STUDY.

        (a) Future Aviation Infrastructure and Financing Study.--Not later
    than 60 days after the date of enactment of this Act, the Secretary of
    Transportation shall enter into an agreement with a qualified
    organization to conduct a study assessing the infrastructure needs of
    airports and existing financial resources for commercial service
    airports and make recommendations on the actions needed to upgrade the
    national aviation infrastructure system to meet the growing and shifting
    demands of the 21st century.
        (b) Consultation.--In carrying out the study, the qualified
    organization shall convene and consult with a panel of national experts,
    including representatives of--
                (1) nonhub airports;
                (2) small hub airports;
                (3) medium hub airports;
                (4) large hub airports;
                (5) airports with international service;
                (6) nonprimary airports;
                (7) local elected officials;
                (8) relevant labor organizations;
                (9) passengers;
                (10) air carriers;
                (11) the tourism industry; and
                (12) the business travel industry.

        (c) Considerations.--In carrying out the study, the qualified
    organization shall consider--
                (1) the ability of airport infrastructure to meet current
            and projected passenger volumes;
                (2) the available financial tools and resources for airports
            of different sizes;
                (3) the available financing tools and resources for airports
            in rural areas;
                (4) the current debt held by airports, and its impact on
            future construction and capacity needs;
                (5) the impact of capacity constraints on passengers and
            ticket prices;
                (6) the purchasing power of the passenger facility charge
            from the last increase in 2000 to the year of enactment of this
            Act;
                (7) the impact to passengers and airports of indexing the
            passenger facility charge for inflation;
                (8) how long airports are constrained with current passenger
            facility charge collections;
                (9) the impact of passenger facility charges on promoting
            competition;

    [[Page 132 STAT. 3203]]

                (10) the additional resources or options to fund terminal
            construction projects;
                (11) the resources eligible for use toward noise reduction
            and emission reduction projects;
                (12) the gap between the cost of projects eligible for the
            airport improvement program and the annual Federal funding
            provided;
                (13) the impact of regulatory requirements on airport
            infrastructure financing needs;
                (14) airline competition;
                (15) airline ancillary fees and their impact on ticket
            pricing and taxable revenue; and
                (16) the ability of airports to finance necessary safety,
            security, capacity, and environmental projects identified in
            capital improvement plans.

        (d) Large Hub Airports.--The study shall, to the extent not
    considered under subsection (c), separately evaluate the infrastructure
    requirements of the large hub airports identified in the National Plan
    of Integrated Airport Systems (NPIAS). The evaluation shall--
                (1) analyze the current and future capacity constraints of
            large hub airports;
                (2) quantify large hub airports' infrastructure
            requirements, including terminal, landside, and airside
            infrastructure;
                (3) quantify the percentage growth in infrastructure
            requirements of the large hub airports relative to other
            commercial service airports;
                (4) analyze how much funding from the airport improvement
            program (AIP) has gone to meet the requirements of large hub
            airports over the past 10 years; and
                (5) project how much AIP funding would be available to meet
            the requirements of large hub airports in the next 5 years if
            funding levels are held constant.

        (e) Report.--Not later than 15 months after the date of enactment of
    this Act, the qualified organization shall submit to the Secretary and
    the appropriate committees of Congress a report on the results of the
    study described in subsection (a), including its findings and
    recommendations related to each item in subsections (c) and (d).
        (f) Definition of Qualified Organization.--In this section, the term
    ``qualified organization'' means an independent nonprofit organization
    that recommends solutions to public policy challenges through objective
    analysis.
    SEC. 123. INTERMODAL ACCESS PROJECTS.

        Not later than 6 months after the date of enactment of this Act, the
    Administrator of the Federal Aviation Administration shall, after
    consideration of all public comments, publish in the Federal Register a
    final policy amendment consistent with the notice published in the
    Federal Register on May 3, 2016 (81 Fed. Reg. 26611).

              Subtitle C--Airport Improvement Program Modifications

    SEC. 131. GRANT ASSURANCES.

        Section 47107 of title 49, United States Code, is amended--

    [[Page 132 STAT. 3204]]

                (1) in subsection (a)(17), by striking ``each contract'' and
            inserting ``if any phase of such project has received funds
            under this subchapter, each contract'';
                (2) in subsection (r)(3), by striking ``2018'' and inserting
            ``2023''; and
                (3) by adding at the end the following:

        ``(u) Construction of Recreational Aircraft.--
                ``(1) In general.--The construction of a covered aircraft
            shall be treated as an aeronautical activity for purposes of--
                        ``(A) determining an airport's compliance with a
                    grant assurance made under this section or any other
                    provision of law; and
                        ``(B) the receipt of Federal financial assistance
                    for airport development.
                ``(2) Covered aircraft defined.--In this subsection, the
            term `covered aircraft' means an aircraft--
                        ``(A) used or intended to be used exclusively for
                    recreational purposes; and
                        ``(B) constructed or under construction by a private
                    individual at a general aviation airport.

        ``(v) Community Use of Airport Land.--
                ``(1) In general.--Notwithstanding subsection (a)(13), and
            subject to paragraph (2), the sponsor of a public-use airport
            shall not be considered to be in violation of this subtitle, or
            to be found in violation of a grant assurance made under this
            section, or under any other provision of law, as a condition for
            the receipt of Federal financial assistance for airport
            development, solely because the sponsor has entered into an
            agreement, including a revised agreement, with a local
            government providing for the use of airport property for an
            interim compatible recreational purpose at below fair market
            value.
                ``(2) Restrictions.--This subsection shall apply only--
                        ``(A) to an agreement regarding airport property
                    that was initially entered into before the publication
                    of the Federal Aviation Administration's Policy and
                    Procedures Concerning the Use of Airport Revenue, dated
                    February 16, 1999;
                        ``(B) if the agreement between the sponsor and the
                    local government is subordinate to any existing or
                    future agreements between the sponsor and the Secretary,
                    including agreements related to a grant assurance under
                    this section;
                        ``(C) to airport property that was acquired under a
                    Federal airport development grant program;
                        ``(D) if the airport sponsor has provided a written
                    statement to the Administrator that the property made
                    available for a recreational purpose will not be needed
                    for any aeronautical purpose during the next 10 years;
                        ``(E) if the agreement includes a term of not more
                    than 2 years to prepare the airport property for the
                    interim compatible recreational purpose and not more
                    than 10 years of use for that purpose;
                        ``(F) if the recreational purpose will not impact
                    the aeronautical use of the airport;
                        ``(G) if the airport sponsor provides a
                    certification that the sponsor is not responsible for
                    preparation, start-up,

    [[Page 132 STAT. 3205]]

                    operations, maintenance, or any other costs associated
                    with the recreational purpose; and
                        ``(H) if the recreational purpose is consistent with
                    Federal land use compatibility criteria under section
                    47502.
                ``(3) Statutory construction.--Nothing in this subsection
            may be construed as permitting a diversion of airport revenue
            for the capital or operating costs associated with the community
            use of airport land.''.
    SEC. 132. MOTHERS' ROOMS.

        (a) Grant Assurances.--Section 47107 of title 49, United States
    Code, as amended by this Act, is further amended by adding at the end
    the following:
        ``(w) Mothers' Rooms.--
                ``(1) In general.--In fiscal year 2021 and each fiscal year
            thereafter, the Secretary of Transportation may approve an
            application under this subchapter for an airport development
            project grant only if the Secretary receives written assurances
            that the airport owner or operator will maintain--
                        ``(A) a lactation area in the sterile area of each
                    passenger terminal building of the airport; and
                        ``(B) a baby changing table in one men's and one
                    women's restroom in each passenger terminal building of
                    the airport.
                ``(2) Applicability.--
                        ``(A) Airport size.--The requirement in paragraph
                    (1) shall only apply to applications submitted by the
                    airport sponsor of a medium or large hub airport.
                        ``(B) Preexisting facilities.--On application by an
                    airport sponsor, the Secretary may determine that a
                    lactation area in existence on the date of enactment of
                    this Act complies with the requirement in paragraph (1),
                    notwithstanding the absence of one of the facilities or
                    characteristics referred to in the definition of the
                    term `lactation area' in this subsection.
                        ``(C) Special rule.--The requirement in paragraph
                    (1) shall not apply with respect to a project grant
                    application for a period of time, determined by the
                    Secretary, if the Secretary determines that construction
                    or maintenance activities make it impracticable or
                    unsafe for the lactation area to be located in the
                    sterile area of the building.
                ``(3) Definition.--In this section, the term--
                        ``(A) `lactation area' means a room or similar
                    accommodation that--
                              ``(i) provides a location for members of the
                          public to express breast milk that is shielded
                          from view and free from intrusion from the public;
                              ``(ii) has a door that can be locked;
                              ``(iii) includes a place to sit, a table or
                          other flat surface, a sink or sanitizing
                          equipment, and an electrical outlet;
                              ``(iv) is readily accessible to and usable by
                          individuals with disabilities, including
                          individuals who use wheelchairs; and
                              ``(v) is not located in a restroom; and

    [[Page 132 STAT. 3206]]

                        ``(B) `sterile area' has the same meaning given that
                    term in section 1540.5 of title 49, Code of Federal
                    Regulations.''.

        (b) Terminal Development Costs.--Section 47119(a) of title 49,
    United States Code, is amended by adding at the end the following:
                ``(3) Lactation areas.--In addition to the projects
            described in paragraph (1), the Secretary may approve a project
            for terminal development for the construction or installation of
            a lactation area (as defined in section 47107(w)) at a
            commercial service airport.''.
    SEC. 133. CONTRACT TOWER PROGRAM.

        (a) Air Traffic Control Contract Program.--
                (1) Special rule.--Section 47124(b)(1)(B) of title 49,
            United States Code, is amended--
                        (A) by striking ``under the program continued under
                    this paragraph'' and inserting ``under the Contract
                    Tower Program''; and
                        (B) by striking ``exceeds the benefit for a period
                    of 18 months after such determination is made'' and
                    inserting the following: ``exceeds the benefit--
                              ``(i) for the 1-year period after such
                          determination is made; or
                              ``(ii) if an appeal of such determination is
                          requested, for the 1-year period described in
                          subsection (d)(4)(D).''.
                (2) Exemption.--Section 47124(b)(3)(D) of title 49, United
            States Code, is amended--
                        (A) by striking ``under the program'' and inserting
                    ``under the Cost-share Program''; and
                        (B) by adding at the end the following: ``Airports
                    with air service provided under part 121 of title 14,
                    Code of Federal Regulations, and more than 25,000
                    passenger enplanements in calendar year 2014 shall be
                    exempt from any cost-share requirement under this
                    paragraph.''.
                (3) Construction of air traffic control towers.--
                        (A) Grants.--Section 47124(b)(4)(A) of title 49,
                    United States Code, is amended in each of clauses
                    (i)(III) and (ii)(III) by inserting ``, including remote
                    air traffic control tower equipment certified by the
                    Federal Aviation Administration'' after ``1996''.
                        (B) Eligibility.--Section 47124(b)(4)(B)(i)(I) of
                    title 49, United States Code, is amended by striking
                    ``contract tower program established under subsection
                    (a) and continued under paragraph (1) or the pilot
                    program established under paragraph (3)'' and inserting
                    ``Contract Tower Program or the Cost-share Program''.
                        (C) Limitation on federal share.--Section
                    47124(b)(4) of title 49, United States Code, is amended
                    by striking subparagraph (C).
                (4) Benefit-to-cost calculation for program applicants.--
            Section 47124(b)(3) of title 49, United States Code, is amended
            by adding at the end the following:
                        ``(G) Benefit-to-cost calculation.--Not later than
                    90 days after receiving an application to the Contract
                    Tower Program, the Secretary shall calculate a benefit-
                    to-cost

    [[Page 132 STAT. 3207]]

                    ratio (as described in subsection (d)) for the
                    applicable air traffic control tower for purposes of
                    selecting towers for participation in the Contract Tower
                    Program.''.

        (b) Criteria To Evaluate Participants.--Section 47124 of title 49,
    United States Code, is amended by adding at the end the following:
        ``(d) Criteria To Evaluate Participants.--
                ``(1) Timing of evaluations.--
                        ``(A) Towers participating in cost-share program.--
                    In the case of an air traffic control tower that is
                    operated under the Cost-share Program, the Secretary
                    shall annually calculate a benefit-to-cost ratio with
                    respect to the tower.
                        ``(B) Towers participating in contract tower
                    program.--In the case of an air traffic control tower
                    that is operated under the Contract Tower Program, the
                    Secretary shall not calculate a benefit-to-cost ratio
                    after the date of enactment of this subsection with
                    respect to the tower unless the Secretary determines
                    that the annual aircraft traffic at the airport where
                    the tower is located has decreased--
                              ``(i) by more than 25 percent from the
                          previous year; or
                              ``(ii) by more than 55 percent cumulatively in
                          the preceding 3-year period.
                ``(2) Costs to be considered.--In establishing a benefit-to-
            cost ratio under this section with respect to an air traffic
            control tower, the Secretary shall consider only the following
            costs:
                        ``(A) The Federal Aviation Administration's actual
                    cost of wages and benefits of personnel working at the
                    tower.
                        ``(B) The Federal Aviation Administration's actual
                    telecommunications costs directly associated with the
                    tower.
                        ``(C) The Federal Aviation Administration's costs of
                    purchasing and installing any air traffic control
                    equipment that would not have been purchased or
                    installed except as a result of the operation of the
                    tower.
                        ``(D) The Federal Aviation Administration's actual
                    travel costs associated with maintaining air traffic
                    control equipment that is owned by the Administration
                    and would not be maintained except as a result of the
                    operation of the tower.
                        ``(E) Other actual costs of the Federal Aviation
                    Administration directly associated with the tower that
                    would not be incurred except as a result of the
                    operation of the tower (excluding costs for noncontract
                    tower-related personnel and equipment, even if the
                    personnel or equipment is located in the contract tower
                    building).
                ``(3) Other criteria to be considered.--In establishing a
            benefit-to-cost ratio under this section with respect to an air
            traffic control tower, the Secretary shall add a 10 percentage
            point margin of error to the benefit-to-cost ratio determination
            to acknowledge and account for the direct and indirect economic
            and other benefits that are not included in the criteria the
            Secretary used in calculating that ratio.
                ``(4) Review of cost-benefit determinations.--In issuing a
            benefit-to-cost ratio determination under this section with

    [[Page 132 STAT. 3208]]

            respect to an air traffic control tower located at an airport,
            the Secretary shall implement the following procedures:
                        ``(A) The Secretary shall provide the airport (or
                    the State or local government having jurisdiction over
                    the airport) at least 90 days following the date of
                    receipt of the determination to submit to the Secretary
                    a request for an appeal of the determination, together
                    with updated or additional data in support of the
                    appeal.
                        ``(B) Upon receipt of a request for an appeal
                    submitted pursuant to subparagraph (A), the Secretary
                    shall--
                              ``(i) transmit to the Administrator of the
                          Federal Aviation Administration any updated or
                          additional data submitted in support of the
                          appeal; and
                              ``(ii) provide the Administrator not more than
                          90 days to review the data and provide a response
                          to the Secretary based on the review.
                        ``(C) After receiving a response from the
                    Administrator pursuant to subparagraph (B), the
                    Secretary shall--
                              ``(i) provide the airport, State, or local
                          government that requested the appeal at least 30
                          days to review the response; and
                              ``(ii) withhold from taking further action in
                          connection with the appeal during that 30-day
                          period.
                        ``(D) If, after completion of the appeal procedures
                    with respect to the determination, the Secretary
                    requires the tower to transition into the Cost-share
                    Program, the Secretary shall not require a cost-share
                    payment from the airport, State, or local government for
                    1 year following the last day of the 30-day period
                    described in subparagraph (C).

        ``(e) Definitions.--In this section:
                ``(1) Contract tower program.--The term `Contract Tower
            Program' means the level I air traffic control tower contract
            program established under subsection (a) and continued under
            subsection (b)(1).
                ``(2) Cost-share program.--The term `Cost-share Program'
            means the cost-share program established under subsection
            (b)(3).''.

        (c) Conforming Amendments.--Section 47124(b) of title 49, United
    States Code, is amended--
                (1) in paragraph (1)(C), by striking ``the program
            established under paragraph (3)'' and inserting ``the Cost-share
            Program'';
                (2) in paragraph (3)--
                        (A) in the heading, by striking ``contract air
                    traffic control tower program'' and inserting ``Cost-
                    share program'';
                        (B) in subparagraph (A), by striking ``contract
                    tower program established under subsection (a) and
                    continued under paragraph (1) (in this paragraph
                    referred to as the `Contract Tower Program')'' and
                    inserting ``Contract Tower Program'';
                        (C) in subparagraph (B), by striking ``In carrying
                    out the program'' and inserting ``In carrying out the
                    Cost-share Program'';

    [[Page 132 STAT. 3209]]

                        (D) in subparagraph (C), by striking ``participate
                    in the program'' and inserting ``participate in the
                    Cost-share Program''; and
                        (E) in subparagraph (F), by striking ``the program
                    continued under paragraph (1)'' and inserting ``the
                    Contract Tower Program''.

        (d) <<NOTE: 49 USC 47124 note.>>  Approval of Certain Applications
    for the Contract Tower Program.--
                (1) In general.--If the Administrator of the Federal
            Aviation Administration has not implemented a revised cost-
            benefit methodology for purposes of determining eligibility for
            the Contract Tower Program before the date that is 30 days after
            the date of enactment of this Act, any airport with an
            application for participation in the Contract Tower Program
            pending as of January 1, 2017, shall be approved for
            participation in the Contract Tower Program if the Administrator
            determines the tower is eligible under the criteria set forth in
            the Federal Aviation Administration report entitled
            ``Establishment and Discontinuance Criteria for Airport Traffic
            Control Towers'', and dated August 1990 (FAA-APO-90-7).
                (2) Requests for additional authority.--The Administrator
            shall respond not later than 60 days after the date the
            Administrator receives a formal request from an airport and air
            traffic control contractor for additional authority to expand
            contract tower operational hours and staff to accommodate flight
            traffic outside of current tower operational hours.
                (3) Definition of contract tower program.--In this section,
            the term ``Contract Tower Program'' has the meaning given the
            term in section 47124(e) of title 49, United States Code, as
            added by this Act.
    SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.

        Section 47109(a) of title 49, United States Code, is amended--
                (1) in paragraph (1), by striking ``primary airport having
            at least .25 percent of the total number of passenger boardings
            each year at all commercial service airports;'' and inserting
            ``medium or large hub airport;''; and
                (2) by striking paragraph (5) and inserting the following:
                ``(5) 95 percent for a project that--
                        ``(A) the Administrator determines is a successive
                    phase of a multiphase construction project for which the
                    sponsor received a grant in fiscal year 2011; and
                        ``(B) for which the United States Government's share
                    of allowable project costs would otherwise be capped at
                    90 percent under paragraph (2) or (3).''.
    SEC. 135. UPDATED VETERANS' PREFERENCE.

        Section 47112(c)(1)(C) of title 49, United States Code, is amended--
                (1) by striking ``or Operation New Dawn for more'' and
            inserting ``Operation New Dawn, Operation Inherent Resolve,
            Operation Freedom's Sentinel, or any successor contingency
            operation to such operations for more''; and
                (2) by striking ``or Operation New Dawn (whichever is
            later)'' and inserting ``Operation New Dawn, Operation Inherent
            Resolve, Operation Freedom's Sentinel, or any successor
            contingency operation to such operations (whichever is later)''.

    [[Page 132 STAT. 3210]]

    SEC. 136. USE OF STATE HIGHWAY SPECIFICATIONS.

        Section 47114(d)(5) of title 49, United States Code, is amended to
    read as follows:
                ``(5) Use of state highway specifications.--The Secretary
            shall use the highway specifications of a State for airfield
            pavement construction and improvement using funds made available
            under this subsection at nonprimary airports serving aircraft
            that do not exceed 60,000 pounds gross weight if--
                        ``(A) such State requests the use of such
                    specifications; and
                        ``(B) the Secretary determines that--
                              ``(i) safety will not be negatively affected;
                          and
                              ``(ii) the life of the pavement, with
                          necessary maintenance and upkeep, will not be
                          shorter than it would be if constructed using
                          Administration standards.''.
    SEC. 137. FORMER MILITARY AIRPORTS.

        Section 47118(a) of title 49, United States Code, is amended--
                (1) in paragraph (1)(C), by striking ``or'' at the end;
                (2) in paragraph (2), by striking the period at the end and
            inserting ``; or''; and
                (3) by adding at the end the following:
                ``(3) the airport is--
                        ``(A) a former military installation that, at any
                    time after December 31, 1965, was owned and operated by
                    the Department of Defense; and
                        ``(B) a nonhub primary airport.''.
    SEC. 138. ELIGIBILITY OF CCTV PROJECTS FOR AIRPORT IMPROVEMENT
                            PROGRAM.

        Section 47119(a)(1)(B) is amended--
                (1) by striking ``; and'' at the end and inserting ``; or'';
                (2) by striking ``directly related to moving passengers''
            and inserting the following: ``directly related to--
                              ``(i) moving passengers''; and
                (3) by adding at the end the following:
                              ``(ii) installing security cameras in the
                          public area of the interior and exterior of the
                          terminal; and''.
    SEC. 139. STATE BLOCK GRANT PROGRAM EXPANSION.

        Section 47128(a) of title 49, United States Code, is amended by
    striking ``not more than 9 qualified States for fiscal years 2000 and
    2001 and 10 qualified States for each fiscal year thereafter'' and
    inserting ``not more than 20 qualified States for each fiscal year''.
    SEC. 140. NON-MOVEMENT AREA SURVEILLANCE PILOT PROGRAM.

        (a) In General.--Subchapter I of chapter 471 of title 49, United
    States Code, is amended by inserting after section 47142 the following:
    ``Sec. 47143. <<NOTE: 49 USC 47143.>>  Non-movement area
                        surveillance surface display systems pilot
                        program

        ``(a) In General.--The Administrator of the Federal Aviation
    Administration may carry out a pilot program to support non-Federal
    acquisition and installation of qualifying non-movement area
    surveillance surface display systems and sensors if--

    [[Page 132 STAT. 3211]]

                ``(1) the Administrator determines that such systems and
            sensors would improve safety or capacity in the National
            Airspace System; and
                ``(2) the non-movement area surveillance surface display
            systems and sensors supplement existing movement area systems
            and sensors at the selected airports established under other
            programs administered by the Administrator.

        ``(b) Project Grants.--
                ``(1) In general.--For purposes of carrying out the pilot
            program, the Administrator may make a project grant out of funds
            apportioned under paragraph (1) or paragraph (2) of section
            47114(c) to not more than 5 eligible sponsors to acquire and
            install qualifying non-movement area surveillance surface
            display systems and sensors. The airports selected to
            participate in the pilot program shall have existing
            Administration movement area systems and airlines that are
            participants in Federal Aviation Administration's airport
            collaborative decision-making process.
                ``(2) Data exchange processes.--As part of the pilot program
            carried out under this section, the Administrator may establish
            data exchange processes to allow airport participation in the
            Administration's airport collaborative decision-making process
            and fusion of the non-movement surveillance data with the
            Administration's movement area systems.

        ``(c) Sunset.--This section shall cease to be effective on October
    1, 2023.
        ``(d) Definitions.--In this section:
                ``(1) Non-movement area.--The term `non-movement area' means
            the portion of the airfield surface that is not under the
            control of air traffic control.
                ``(2) Non-movement area surveillance surface display systems
            and sensors.--The term `non-movement area surveillance surface
            display systems and sensors' means a non-Federal surveillance
            system that uses on-airport sensors that track vehicles or
            aircraft that are equipped with transponders in the non-movement
            area.
                ``(3) Qualifying non-movement area surveillance surface
            display system and sensors.--The term `qualifying non-movement
            area surveillance surface display system and sensors' means a
            non-movement area surveillance surface display system that--
                        ``(A) provides the required transmit and receive
                    data formats consistent with the National Airspace
                    System architecture at the appropriate service delivery
                    point;
                        ``(B) is on-airport; and
                        ``(C) is airport operated.''.

        (b) Technical and Conforming Amendments.--The table of contents of
    chapter 471 of title 49, United States Code, <<NOTE: 49 USC 47101
    prec.>>  is amended by inserting after the item relating to section
    47142 the following:

    ``47143. Non-movement area surveillance surface display systems pilot
               program.''.

    SEC. 141. PROPERTY CONVEYANCE RELEASES.

        Section 817(a) of the FAA Modernization and Reform Act of 2012 (49
    U.S.C. 47125 note) is amended--
                (1) by striking ``or section 23'' and inserting ``, section
            23''; and

    [[Page 132 STAT. 3212]]

                (2) by inserting ``, or section 47125 of title 49, United
            States Code'' before the period at the end.
    SEC. 142. STUDY REGARDING TECHNOLOGY USAGE AT AIRPORTS.

        (a) In General.--Not later than 6 months after the date of enactment
    of this Act, the Administrator of the Federal Aviation Administration
    shall initiate a study on--
                (1) technology developed by international entities
            (including foreign nations and companies) that have been
            installed in American airports and aviation systems over the
            past decade, including the nation where the technology was
            developed and any airports utilizing the technology; and
                (2) aviation safety-related technology developed and
            implemented by international entities with proven track records
            of success that may assist in establishing best practices to
            improve American aviation operations and safety.

        (b) Report.--Not later than 18 months after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report on the results of the study.
    SEC. 143. STUDY ON AIRPORT REVENUE DIVERSION.

        (a) Study.--Not later than 180 days after the date of enactment of
    this Act, the Comptroller General of the United States shall initiate a
    study of--
                (1) the legal and financial challenges related to repealing
            the exception in section 47107(b)(2) of title 49, United States
            Code, for those airports that the Federal Aviation
            Administration has identified are covered by the exception; and
                (2) measures that may be taken to mitigate the impact of
            repealing the exception.

        (b) Contents.--The study required under subsection (a) shall
    address--
                (1) the level of revenue diversion at the airports covered
            by the exception described in subsection (a)(1) and the uses of
            the diverted revenue;
                (2) the terms of any bonds or financial covenants an airport
            owner has issued relying on diverted airport revenue;
                (3) applicable local laws or ordinances requiring use of
            airport revenue for nonairport purposes;
                (4) whether repealing the exception would improve the long-
            term financial performance of impacted airports; and
                (5) any other practical implications of repealing the
            exception for airports or the national aviation system.

        (c) Report.--Not later than 18 months after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the results of the study.
    SEC. 144. GAO STUDY ON THE EFFECT OF GRANTING AN EXCLUSIVE RIGHT
                            OF AERONAUTICAL SERVICES TO AN AIRPORT
                            SPONSOR.

        (a) In General.--Not later than 2 years after the date of enactment
    of this Act, the Comptroller General of the United States shall conduct
    a study to examine the cases in which an airport sponsor has exercised
    an exclusive right (commonly known as a proprietary exclusive right), as
    described in the Federal Aviation Advisory Circular 150/1590-6 issued on
    January 4, 2007.

    [[Page 132 STAT. 3213]]

        (b) Report.--Upon completion of the study described under subsection
    (a), the Comptroller General shall submit to the appropriate committees
    of Congress a report on the findings of the study.
    SEC. 145. SENSE OF CONGRESS ON SMART AIRPORTS.

        It is the sense of Congress that the Administrator of the Federal
    Aviation Administration and the Secretary of Transportation should
    produce a smart airports initiative plan that focuses on creating a more
    consumer-friendly and digitally connected airport experience. The plan
    should include recommendations on modernizing technologies to provide
    more efficient check-ins, shortened security lines, Wi-Fi and GPS
    upgrades, as well as improvements of aircraft turnaround for on-time
    boarding and flights. The purpose of the initiative is to invest in
    technologies and infrastructure toward better-connected airports while
    providing appropriate national security and cybersecurity for travelers.
    SEC. 146. CRITICAL AIRFIELD MARKINGS.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator of the Federal Aviation Administration shall issue a
    request for proposal for a study that includes--
                (1) an independent, third-party study to assess the
            durability of Type III and Type I glass beads applied to
            critical markings over a 2-year period at not fewer than 2
            primary airports in varying weather conditions to measure the
            retroreflectivity levels of such markings on a quarterly basis;
            and
                (2) a study at 2 other airports carried out by applying Type
            III glass beads on half of the centerline and Type I glass beads
            to the other half and providing for assessments from pilots
            through surveys administered by a third party as to the
            visibility and performance of the Type III glass beads as
            compared to the Type I glass beads over a 1-year period.
    SEC. 147. GENERAL FACILITIES AUTHORITY.

        Section 44502 of title 49, United States Code, is amended--
                (1) by striking subsection (e) and inserting the following:

        ``(e) Transfers of Air Traffic Systems.--
                ``(1) In general.--An airport may transfer, without
            consideration, to the Administrator of the Federal Aviation
            Administration, an eligible air traffic system or equipment that
            conforms to performance specifications of the Administrator if a
            Government airport aid program, airport development aid program,
            or airport improvement project grant was used to assist in
            purchasing the system or equipment.
                ``(2) Acceptance.--The Administrator shall accept the
            eligible air traffic system or equipment and operate and
            maintain it under criteria of the Administrator.
                ``(3) Definition.--In this subsection, the term `eligible
            air traffic system or equipment' means--
                        ``(A) an instrument landing system consisting of a
                    glide slope and localizer (if the Administrator has
                    determined that a satellite navigation system cannot
                    provide a suitable approach to an airport);
                        ``(B) an Automated Weather Observing System weather
                    observation system; or

    [[Page 132 STAT. 3214]]

                        ``(C) a Remote Communication Air/Ground and Remote
                    Communication Outlet communications facility.''; and
                (2) by adding at the end the following:

        ``(f) Airport Space.--
                ``(1) Restriction.--The Administrator may not require an
            airport owner or sponsor (as defined in section 47102) to
            provide to the Federal Aviation Administration without cost any
            of the following:
                        ``(A) Building construction, maintenance, utilities,
                    or expenses for services relating to air traffic
                    control, air navigation, or weather reporting.
                        ``(B) Space in a facility owned by the airport owner
                    or sponsor for services relating to air traffic control,
                    air navigation, or weather reporting.
                ``(2) Rule of construction.--Nothing in this subsection may
            be construed to affect--
                        ``(A) any agreement the Secretary may have or make
                    with an airport owner or sponsor for the airport owner
                    or sponsor to provide any of the items described in
                    paragraph (1)(A) or (1)(B) at below-market rates; or
                        ``(B) any grant assurance that requires an airport
                    owner or sponsor to provide land to the Administration
                    without cost for an air traffic control facility.''.
    SEC. 148. RECYCLING PLANS; UNCATEGORIZED SMALL AIRPORTS.

        (a) Project Grant Application Approval.--Section 47106(a) of title
    49, United States Code, is amended--
                (1) in paragraph (5), by striking ``and'' at the end;
                (2) in paragraph (6), by inserting ``that includes the
            project'' before ``, the master plan'';
                (3) in paragraph (6)(E), by striking the period at the end
            and inserting ``; and''; and
                (4) by adding at the end the following:
                ``(7) if the project is at an airport that is listed as
            having an unclassified status under the most recent national
            plan of integrated airport systems (as described in section
            47103), the project will be funded with an amount appropriated
            under section 47114(d)(3)(B) and is--
                        ``(A) for maintenance of the pavement of the primary
                    runway;
                        ``(B) for obstruction removal for the primary
                    runway;
                        ``(C) for the rehabilitation of the primary runway;
                    or
                        ``(D) for a project that the Secretary considers
                    necessary for the safe operation of the airport.''.

        (b) Nonprimary Apportionment.--Section 47114(d)(3) of title 49,
    United States Code, is amended by adding at the end the following:
                        ``(C) During fiscal years 2019 and 2020--
                              ``(i) an airport that accrued apportionment
                          funds under subparagraph (A) in fiscal year 2013
                          that is listed as having an unclassified status
                          under the most recent national plan of integrated
                          airport systems shall continue to accrue
                          apportionment funds under subparagraph (A) at the
                          same amount the airport accrued apportionment
                          funds in fiscal year 2013, subject to the
                          conditions of this paragraph;

    [[Page 132 STAT. 3215]]

                              ``(ii) notwithstanding the period of
                          availability as described in section 47117(b), an
                          amount apportioned to an airport under clause (i)
                          shall be available to the airport only during the
                          fiscal year in which the amount is apportioned;
                          and
                              ``(iii) notwithstanding the waiver permitted
                          under section 47117(c)(2), an airport receiving
                          apportionment funds under clause (i) may not waive
                          its claim to any part of the apportioned funds in
                          order to make the funds available for a grant for
                          another public-use airport.
                        ``(D) An airport that re-establishes its classified
                    status shall be eligible to accrue apportionment funds
                    pursuant to subparagraph (A) so long as such airport
                    retains its classified status.''.
    SEC. 149. EVALUATION OF AIRPORT MASTER PLANS.

        Section 47106 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(h) Evaluation of Airport Master Plans.--When evaluating the
    master plan of an airport for purposes of this subchapter, the Secretary
    shall take into account--
                ``(1) the role the airport plays with respect to medical
            emergencies and evacuations; and
                ``(2) the role the airport plays in emergency or disaster
            preparedness in the community served by the airport.''.
    SEC. 150. DEFINITION OF SMALL BUSINESS CONCERN.

        Section 47113(a)(1) of title 49, United States Code, is amended to
    read as follows:
                ``(1) `small business concern'--
                        ``(A) has the meaning given the term in section 3 of
                    the Small Business Act (15 U.S.C. 632); but
                        ``(B) in the case of a concern in the construction
                    industry, a concern shall be considered a small business
                    concern if the concern meets the size standard for the
                    North American Industry Classification System Code
                    237310, as adjusted by the Small Business
                    Administration;''.
    SEC. 151. SMALL AIRPORT REGULATION RELIEF.

        Section 47114(c)(1) of title 49, United States Code, is amended by
    striking subparagraph (F) and inserting the following:
                        ``(F) Special rule for fiscal years 2018 through
                    2020.--Notwithstanding subparagraph (A) and subject to
                    subparagraph (G), the Secretary shall apportion to a
                    sponsor of an airport under that subparagraph for each
                    of fiscal years 2018 through 2020 an amount based on the
                    number of passenger boardings at the airport during
                    calendar year 2012 if the airport--
                              ``(i) had 10,000 or more passenger boardings
                          during calendar year 2012;
                              ``(ii) had fewer than 10,000 passenger
                          boardings during the calendar year used to
                          calculate the apportionment for fiscal year 2018,
                          2019, or 2020, as applicable, under subparagraph
                          (A); and
                              ``(iii) had scheduled air service at any point
                          in the calendar year used to calculate the
                          apportionment.

    [[Page 132 STAT. 3216]]

                        ``(G) Limitations and waivers.--The authority to
                    make apportionments in the manner prescribed in
                    subparagraph (F) may be utilized no more than 3 years in
                    a row. The Secretary may waive this limitation if the
                    Secretary determines that an airport's enplanements are
                    substantially close to 10,000 enplanements and the
                    airport sponsor or affected communities are taking
                    reasonable steps to restore enplanements above 10,000.
                        ``(H) Minimum apportionment for commercial service
                    airports with more than 8,000 passenger boardings in a
                    calendar year.--Not less than $600,000 may be
                    apportioned under subparagraph (A) for each fiscal year
                    to each sponsor of a commercial service airport that had
                    fewer than 10,000 passenger boardings, but at least
                    8,000 passenger boardings, during the prior calendar
                    year.''.
    SEC. 152. CONSTRUCTION OF CERTAIN CONTROL TOWERS.

        Section 47116(d) of title 49, United States Code, is amended by
    adding at the end the following:
                ``(3) Control tower construction.--Notwithstanding section
            47124(b)(4)(A), the Secretary may provide grants under this
            section to an airport sponsor participating in the contract
            tower program under section 47124 for the construction or
            improvement of a nonapproach control tower, as defined by the
            Secretary, and for the acquisition and installation of air
            traffic control, communications, and related equipment to be
            used in that tower. Such grants shall be subject to the
            distribution requirements of subsection (b) and the eligibility
            requirements of section 47124(b)(4)(B).''.
    SEC. 153. NONDISCRIMINATION.

        Section 47123 of title 49, United States Code, is amended--
                (1) by striking ``The Secretary of Transportation'' and
            inserting the following:

        ``(a) In General.--The Secretary of Transportation''; and
                (2) by adding at the end the following:

        ``(b) Indian Employment.--
                ``(1) Tribal sponsor preference.--Consistent with section
            703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)),
            nothing in this section shall preclude the preferential
            employment of Indians living on or near a reservation on a
            project or contract at--
                        ``(A) an airport sponsored by an Indian tribal
                    government; or
                        ``(B) an airport located on an Indian reservation.
                ``(2) State preference.--A State may implement a preference
            for employment of Indians on a project carried out under this
            subchapter near an Indian reservation.
                ``(3) Implementation.--The Secretary shall consult with
            Indian tribal governments and cooperate with the States to
            implement this subsection.
                ``(4) Indian tribal government defined.--In this section,
            the term `Indian tribal government' has the same meaning given
            that term in section 102 of the Robert T. Stafford Disaster
            Relief and Emergency Assistance Act (42 U.S.C. 5122).''.

    [[Page 132 STAT. 3217]]

    SEC. 154. DEFINITION OF AIRPORT DEVELOPMENT.

        Section 47116(d)(2) of title 49, United States Code, is amended to
    read as follows:
                ``(2) Airport development for eligible mountaintop
            airports.--In making grants to sponsors described in subsection
            (b), the Secretary shall give priority consideration to mass
            grading and associated structural support (including access
            road, duct banks, and other related infrastructure) at
            mountaintop airports, provided that the airport would not
            otherwise have sufficient surface area for--
                        ``(A) eligible and justified airport development
                    projects; or
                        ``(B) additional hangar space.''.
    SEC. 155. GENERAL AVIATION AIRPORT EXPIRED FUNDS.

        Section 47117(b) of title 49, United States Code, is amended--
                (1) by striking ``An amount'' and inserting ``(1) In
            general.--An amount'';
                (2) by striking ``If the amount'' and inserting ``Except as
            provided in paragraph (2), if the amount''; and
                (3) by adding at the end the following:
                ``(2) Expired amounts apportioned for general aviation
            airports.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), if an amount apportioned under section
                    47114(d) is not obligated within the time specified in
                    paragraph (1), that amount shall be added to the
                    discretionary fund under section 47115 of this title,
                    provided that--
                              ``(i) amounts made available under paragraph
                          (2)(A) shall be used for grants for projects in
                          accordance with section 47115(d)(2) at airports
                          eligible to receive an apportionment under section
                          47114(d)(2) or (3)(A), whichever is applicable;
                          and
                              ``(ii) amounts made available under paragraph
                          (2)(A) that are not obligated by July 1 of the
                          fiscal year in which the funds will expire shall
                          be made available for all projects in accordance
                          with section 47115(d)(2).
                        ``(B) State block grant program.--If an amount
                    apportioned to an airport under section 47114(d)(3)(A)
                    is not obligated within the time specified in paragraph
                    (1), and the airport is located in a State participating
                    in the State block grant program under section 47128,
                    the amount shall be made available to that State under
                    the same conditions as if the State had been apportioned
                    the amount under section 47114(d)(3)(B).''.
    SEC. 156. <<NOTE: 49 USC 47112 note.>> PRIORITY REVIEW OF
                            CONSTRUCTION PROJECTS IN COLD WEATHER
                            STATES.

        (a) In General.--The Administrator of the Federal Aviation
    Administration, to the extent practicable, shall schedule the
    Administrator's review of construction projects so that projects to be
    carried out in the States in which the weather during a typical calendar
    year prevents major construction projects from being carried out before
    May 1 are reviewed as early as possible.

    [[Page 132 STAT. 3218]]

        (b) Briefing.--The Administrator shall provide a briefing to the
    appropriate committees of Congress annually on the effectiveness of the
    review and prioritization.
        (c) Technical Amendment.--Section 154 of the FAA Modernization and
    Reform Act of 2012 (49 U.S.C. 47112 note) and the item relating to that
    section in the table of contents under section 1(b) of that Act (126
    Stat. 13) are repealed.
    SEC. 157. <<NOTE: 49 USC 47113 note.>>  MINORITY AND DISADVANTAGED
                            BUSINESS PARTICIPATION.

        (a) Findings.--Congress finds the following:
                (1) While significant progress has occurred due to the
            establishment of the airport disadvantaged business enterprise
            program (sections 47107(e) and 47113 of title 49, United States
            Code), discrimination and related barriers continue to pose
            significant obstacles for minority- and women-owned businesses
            seeking to do business in airport-related markets across the
            Nation. These continuing barriers merit the continuation of the
            airport disadvantaged business enterprise program.
                (2) Congress has received and reviewed testimony and
            documentation of race and gender discrimination from numerous
            sources, including congressional hearings and roundtables,
            scientific reports, reports issued by public and private
            agencies, news stories, reports of discrimination by
            organizations and individuals, and discrimination lawsuits. This
            testimony and documentation shows that race- and gender-neutral
            efforts alone are insufficient to address the problem.
                (3) This testimony and documentation demonstrates that
            discrimination across the Nation poses a barrier to full and
            fair participation in airport-related businesses of women
            business owners and minority business owners in the racial
            groups detailed in parts 23 and 26 of title 49, Code of Federal
            Regulations, and has impacted firm development and many aspects
            of airport-related business in the public and private markets.
                (4) This testimony and documentation provides a strong basis
            that there is a compelling need for the continuation of the
            airport disadvantaged business enterprise program and the
            airport concessions disadvantaged business enterprise program to
            address race and gender discrimination in airport-related
            business.

        (b) Prompt Payments.--
                (1) Reporting of complaints.--Not later than 120 days after
            the date of enactment of this Act, the Administrator of the
            Federal Aviation Administration shall ensure that each airport
            that participates in the Program tracks, and reports to the
            Administrator, the number of covered complaints made in relation
            to activities at that airport.
                (2) Improving compliance.--
                        (A) In general.--The Administrator shall take
                    actions to assess and improve compliance with prompt
                    payment requirements under part 26 of title 49, Code of
                    Federal Regulations.
                        (B) Contents of assessment.--In carrying out
                    subparagraph (A), the Administrator shall assess--
                              (i) whether requirements relating to the
                          inclusion of prompt payment language in contracts
                          are being satisfied;

    [[Page 132 STAT. 3219]]

                              (ii) whether and how airports are enforcing
                          prompt payment requirements;
                              (iii) the processes by which covered
                          complaints are received and resolved by airports;
                              (iv) whether improvements need to be made to--
                                        (I) better track covered complaints
                                    received by airports; and
                                        (II) assist the resolution of
                                    covered complaints in a timely manner;
                              (v) whether changes to prime contractor
                          specifications need to be made to ensure prompt
                          payments to subcontractors; and,
                              (vi) whether changes to prime contractor
                          specifications need to be made to ensure prompt
                          payment of retainage to subcontractors.
                        (C) Reporting.--The Administrator shall make
                    available to the public on an appropriate website
                    operated by the Administrator a report describing the
                    results of the assessment completed under this
                    paragraph, including a plan to respond to such results.
                (3) Definitions.--In this subsection, the following
            definitions apply:
                        (A) Covered complaint.--The term ``covered
                    complaint'' means a complaint relating to an alleged
                    failure to satisfy a prompt payment requirement under
                    part 26 of title 49, Code of Federal Regulations.
                        (B) Program.--The term ``Program'' means the airport
                    disadvantaged business enterprise program referenced in
                    subsection (a)(1) of the FAA Modernization and Reform
                    Act of 2012 (49 U.S.C. 47113 note).
    SEC. 158. SUPPLEMENTAL DISCRETIONARY FUNDS.

        Section 47115 of title 49, United States Code, is further amended by
    adding at the end the following:
        ``(j) Supplemental Discretionary Funds.--
                ``(1) In general.--The Secretary shall establish a program
            to provide grants, subject to the conditions of this subsection,
            for any purpose for which amounts are made available under
            section 48103 that the Secretary considers most appropriate to
            carry out this subchapter.
                ``(2) Treatment of grants.--
                        ``(A) In general.--A grant made under this
                    subsection shall be treated as having been made pursuant
                    to the Secretary's authority under section 47104(a) and
                    from the Secretary's discretionary fund under subsection
                    (a) of this section.
                        ``(B) Exception.--Except as otherwise provided in
                    this subsection, grants made under this subsection shall
                    not be subject to subsection (c), section 47117(e), or
                    any other apportionment formula, special apportionment
                    category, or minimum percentage set forth in this
                    chapter.
                ``(3) Eligibility and prioritization.--
                        ``(A) Eligibility.--The Secretary may provide grants
                    under this subsection for an airport or terminal
                    development project at any airport that is eligible to
                    receive a grant from the discretionary fund under
                    subsection (a) of this section.

    [[Page 132 STAT. 3220]]

                        ``(B) Prioritization.--Not less than 50 percent of
                    the amounts available under this subsection shall used
                    to provide grants at--
                              ``(i) airports that are eligible for
                          apportionment under section 47114(d)(3); and
                              ``(ii) nonhub and small hub airports.
                ``(4) Authorization.--
                        ``(A) In general.--There is authorized to be
                    appropriated to the Secretary to carry out this
                    subsection the following amounts:
                              ``(i) $1,020,000,000 for fiscal year 2019.
                              ``(ii) $1,041,000,000 for fiscal year 2020.
                              ``(iii) $1,064,000,000 for fiscal year 2021.
                              ``(iv) $1,087,000,000 for fiscal year 2022.
                              ``(v) $1,110,000,000 for fiscal year 2023.
                        ``(B) Availability.--Sums authorized to be
                    appropriated under subparagraph (A) shall remain
                    available for 2 fiscal years.''.
    SEC. 159. STATE TAXATION.

        (a) In General.--Section 40116(d)(2)(A) of title 49, United States
    Code, is amended by adding at the end the following:
                ``(v) except as otherwise provided under section 47133, levy
            or collect a tax, fee, or charge, first taking effect after the
            date of enactment of this clause, upon any business located at a
            commercial service airport or operating as a permittee of such
            an airport that is not generally imposed on sales or services by
            that State, political subdivision, or authority unless wholly
            utilized for airport or aeronautical purposes.''.

        (b) <<NOTE: 49 USC 40116 note.>>  Rule of Construction.--Nothing in
    this section or an amendment made by this section shall affect a change
    to a rate or other provision of a tax, fee, or charge under section
    40116 of title 49, United States Code, that was enacted prior to the
    date of enactment of this Act. Such provision of a tax, fee, or charge
    shall continue to be subject to the requirements to which such provision
    was subject under that section as in effect on the day before the date
    of enactment of this Act.
    SEC. 160. AIRPORT INVESTMENT PARTNERSHIP PROGRAM.

        (a) In General.--Section 47134 of title 49, United States Code, is
    amended--
                (1) by striking the section heading and inserting ``Airport
            investment partnership program'';
                (2) in subsection (b), by striking ``, with respect to not
            more than 10 airports,'';
                (3) in subsection (b)(2), by striking ``The Secretary may
            grant an exemption to a sponsor'' and inserting ``If the
            Secretary grants an exemption to a sponsor pursuant to paragraph
            (1), the Secretary shall grant an exemption to the sponsor'';
                (4) in subsection (b)(3), by striking ``The Secretary may
            grant an exemption to a purchaser or lessee'' and inserting ``If
            the Secretary grants an exemption to a sponsor pursuant to
            paragraph (1), the Secretary shall grant an exemption to the
            corresponding purchaser or lessee'';
                (5) by amending subsection (d) to read as follows:

        ``(d) Program Participation.--
                ``(1) Multiple airports.--The Secretary may consider
            applications under this section submitted by a public airport

    [[Page 132 STAT. 3221]]

            sponsor for multiple airports under the control of the sponsor
            if all airports under the control of the sponsor are located in
            the same State.
                ``(2) Partial privatization.--A purchaser or lessee may be
            an entity in which a sponsor has an interest.''; and
                (6) by striking subsections (l) and (m) and inserting the
            following:

        ``(l) Predevelopment Limitation.--A grant to an airport sponsor
    under this subchapter for predevelopment planning costs relating to the
    preparation of an application or proposed application under this section
    may not exceed $750,000 per application or proposed application.''.
        (b) Clerical Amendment.--The analysis for chapter 471 of title 49,
    United States Code, <<NOTE: 49 USC 471101 prec.>>  is amended by
    striking the item relating to section 47134 and inserting the following:

    ``47134. Airport investment partnership program.''.

    SEC. 161. <<NOTE: 49 USC 47104 note.>>  REMOTE TOWER PILOT PROGRAM
                            FOR RURAL AND SMALL COMMUNITIES.

        (a) Pilot Program.--
                (1) Establishment.--The Administrator of the Federal
            Aviation Administration shall establish--
                        (A) in consultation with airport operators and other
                    aviation stakeholders, a pilot program at public-use
                    airports to construct and operate remote towers in order
                    to assess their operational benefits;
                        (B) a selection process for participation in the
                    pilot program; and
                        (C) a clear process for the safety and operational
                    certification of the remote towers.
                (2) Safety considerations.--
                        (A) Safety risk management panel.--Prior to the
                    operational use of a remote tower under the pilot
                    program established in subsection (a), the Administrator
                    shall convene a safety risk management panel for the
                    tower to address any safety issues with respect to the
                    tower. The panels shall be created and utilized in a
                    manner similar to that of the safety risk management
                    panels previously convened for remote towers and shall
                    take into account existing best practices and
                    operational data from existing remote towers in the
                    United States.
                        (B) Consultation.--In establishing the pilot
                    program, the Administrator shall consult with operators
                    of remote towers in the United States and foreign
                    countries to design the pilot program in a manner that
                    leverages as many safety and airspace efficiency
                    benefits as possible.
                (3) Applications.--The operator of an airport seeking to
            participate in the pilot program shall submit to the
            Administrator an application that is in such form and contains
            such information as the Administrator may require.
                (4) Program design.--In designing the pilot program, the
            Administrator shall--
                        (A) to the maximum extent practicable, ensure that
                    at least 2 different vendors of remote tower systems
                    participate;

    [[Page 132 STAT. 3222]]

                        (B) identify which air traffic control information
                    and data will assist the Administrator in evaluating the
                    feasibility, safety, costs, and benefits of remote
                    towers;
                        (C) implement processes necessary to collect the
                    information and data identified in subparagraph (B);
                        (D) develop criteria, in addition to considering
                    possible selection criteria in paragraph (5), for the
                    selection of airports that will best assist the
                    Administrator in evaluating the feasibility, safety,
                    costs, and benefits of remote towers, including the
                    amount and variety of air traffic at an airport; and
                        (E) prioritize the selection of airports that can
                    best demonstrate the capabilities and benefits of remote
                    towers, including applicants proposing to operate
                    multiple remote towers from a single facility.
                (5) Selection criteria for consideration.--In selecting
            airports for participation in the pilot program, the
            Administrator, after consultation with representatives of labor
            organizations representing operators and employees of the air
            traffic control system, shall consider for participation in the
            pilot program--
                        (A) 1 nonhub airport;
                        (B) 3 airports that are not primary airports and
                    that do not have existing air traffic control towers;
                        (C) 1 airport that participates in the Contract
                    Tower Program; and
                        (D) 1 airport selected at the discretion of the
                    Administrator.
                (6) Data.--The Administrator shall clearly identify and
            collect air traffic control information and data from
            participating airports that will assist the Administrator in
            evaluating the feasibility, safety, costs, and benefits of
            remote towers.
                (7) Report.--Not later than 1 year after the date the first
            remote tower is operational, and annually thereafter, the
            Administrator shall submit to the appropriate committees of
            Congress a report--
                        (A) detailing any benefits, costs, or safety
                    improvements associated with the use of the remote
                    towers; and
                        (B) evaluating the feasibility of using remote
                    towers, particularly in the Contract Tower Program, for
                    airports without an air traffic control tower, to
                    improve safety at airports with towers, or to reduce
                    costs without impacting safety at airports with or
                    without existing towers.
                (8) Deadline.--Not later than 1 year after the date of
            enactment of this Act, the Administrator shall select airports
            for participation in the pilot program.
                (9) Definitions.--In this subsection:
                        (A) Contract tower program.--The term ``Contract
                    Tower Program'' has the meaning given the term in
                    section 47124(e) of title 49, United States Code, as
                    added by this Act.
                        (B) Remote tower.--The term ``remote tower'' means a
                    remotely operated air navigation facility, including all
                    necessary system components, that provides the functions
                    and capabilities of an air traffic control tower whereby
                    air traffic services are provided to operators at an
                    airport from a location that may not be on or near the
                    airport.

    [[Page 132 STAT. 3223]]

                        (C) Other definitions.--The terms ``nonhub
                    airport'', ``primary airport'', and ``public-use
                    airport'' have the meanings given such terms in section
                    47102 of title 49, United States Code.
                (10) Sunset.--This subsection, including the report required
            under paragraph (8), shall not be in effect after September 30,
            2023.

        (b) Remote Tower Program.--Concurrent with the establishment of the
    process for safety and operational certification of remote towers under
    subsection (a)(1)(C), the Administrator shall establish a process to
    authorize the construction and commissioning of additional remote towers
    that are certificated under subsection (a)(1)(C) at other airports.
        (c) AIP Funding Eligibility.--For purposes of the pilot program
    under subsection (a), and after certificated remote towers are available
    under subsection (b), constructing a remote tower or acquiring and
    installing air traffic control, communications, or related equipment
    specifically for a remote tower shall be considered airport development
    (as defined in section 47102 of title 49, United States Code) for
    purposes of subchapter I of chapter 471 of that title if the components
    are installed and used at the airport, except, as needed, for off-
    airport sensors installed on leased towers.
    SEC. 162. <<NOTE: 49 USC 47102 note.>>  AIRPORT ACCESS ROADS IN
                            REMOTE LOCATIONS.

        Notwithstanding section 47102 of title 49, United States Code, for
    fiscal years 2018 through 2023--
                (1) the definition of the term ``airport development'' under
            that section includes the construction of a storage facility to
            shelter snow removal equipment or aircraft rescue and
            firefighting equipment that is owned by an airport sponsor and
            used exclusively to maintain safe airfield operations, up to the
            facility size necessary to accommodate the types and quantities
            of equipment prescribed by the FAA, regardless of whether
            Federal funding was used to acquire the equipment;
                (2) a storage facility to shelter snow removal equipment may
            exceed the facility size limitation described in paragraph (1)
            if the airport sponsor certifies to the Secretary that the
            following conditions are met:
                        (A) The storage facility to be constructed will be
                    used to store snow removal equipment exclusively used
                    for clearing airfield pavement of snow and ice following
                    a weather event.
                        (B) The airport is categorized as a local general
                    aviation airport in the Federal Aviation
                    Administration's 2017-2021 National Plan of Integrated
                    Airport Systems (NPIAS) report.
                        (C) The 30-year annual snowfall normal of the
                    nearest weather station based on the National Oceanic
                    and Atmospheric Administration Summary of Monthly
                    Normals 1981-2010 exceeds 26 inches.
                        (D) The airport serves as a base for a medical air
                    ambulance transport aircraft.
                        (E) The airport master record (Form 5010-1)
                    effective on September 14, 2017 for the airport
                    indicates 45 based aircraft consisting of single engine,
                    multiple engine, and jet engine aircraft.

    [[Page 132 STAT. 3224]]

                        (F) No funding under this section will be used for
                    any portion of the storage facility designed to shelter
                    maintenance and operations equipment that are not
                    required for clearing airfield pavement of snow and ice.
                        (G) The airport sponsor will complete design of the
                    storage building not later than September 30, 2019, and
                    will initiate construction of the storage building not
                    later than September 30, 2020.
                        (H) The area of the storage facility, or portion
                    thereof, to be funded under this subsection does not
                    exceed 6,000 square feet; and
                (3) the definition of the term ``terminal development''
            under that section includes the development of an airport access
            road that--
                        (A) is located in a noncontiguous State;
                        (B) is not more than 5 miles in length;
                        (C) connects to the nearest public roadways of not
                    more than the 2 closest census designated places; and
                        (D) may provide incidental access to public or
                    private property that is adjacent to the road and is not
                    otherwise connected to a public road.
    SEC. 163. LIMITED REGULATION OF NON-FEDERALLY SPONSORED PROPERTY.

        (a) <<NOTE: 49 USC 47107 note.>>  In General.--Except as provided in
    subsection (b), the Secretary of Transportation may not directly or
    indirectly regulate--
                (1) the acquisition, use, lease, encumbrance, transfer, or
            disposal of land by an airport owner or operator;
                (2) any facility upon such land; or
                (3) any portion of such land or facility.

        (b) <<NOTE: 49 USC 47107 note.>>  Exceptions.--Subsection (a) does
    not apply to--
                (1) any regulation ensuring--
                        (A) the safe and efficient operation of aircraft or
                    safety of people and property on the ground related to
                    aircraft operations;
                        (B) that an airport owner or operator receives not
                    less than fair market value in the context of a
                    commercial transaction for the use, lease, encumbrance,
                    transfer, or disposal of land, any facilities on such
                    land, or any portion of such land or facilities; or
                        (C) that the airport pays not more than fair market
                    value in the context of a commercial transaction for the
                    acquisition of land or facilities on such land;
                (2) any regulation imposed with respect to land or a
            facility acquired or modified using Federal funding; or
                (3) any authority contained in--
                        (A) a Surplus Property Act instrument of transfer,
                    or
                        (B) section 40117 of title 49, United States Code.

        (c) <<NOTE: 49 USC 47107 note.>>  Rule of Construction.--Nothing in
    this section shall be construed to affect the applicability of sections
    47107(b) or 47133 of title 49, United States Code, to revenues generated
    by the use, lease, encumbrance, transfer, or disposal of land under
    subsection (a), facilities upon such land, or any portion of such land
    or facilities.

        (d) Amendments to Airport Layout Plans.--Section 47107(a)(16) of
    title 49, United States Code, is amended--

    [[Page 132 STAT. 3225]]

                (1) by striking subparagraph (B) and inserting the
            following:
                        ``(B) the Secretary will review and approve or
                    disapprove only those portions of the plan (or any
                    subsequent revision to the plan) that materially impact
                    the safe and efficient operation of aircraft at, to, or
                    from the airport or that would adversely affect the
                    safety of people or property on the ground adjacent to
                    the airport as a result of aircraft operations, or that
                    adversely affect the value of prior Federal investments
                    to a significant extent;'';
                (2) in subparagraph (C), by striking ``if the alteration''
            and all that follows through ``airport; and'' and inserting the
            following: ``unless the alteration--
                              ``(i) is outside the scope of the Secretary's
                          review and approval authority as set forth in
                          subparagraph (B); or
                              ``(ii) complies with the portions of the plan
                          approved by the Secretary; and''; and
                (3) in subparagraph (D), in the matter preceding clause (i),
            by striking ``when an alternation'' and all that follows through
            ``Secretary, will'' and inserting ``when an alteration in the
            airport or its facility is made that is within the scope of the
            Secretary's review and approval authority as set forth in
            subparagraph (B), and does not conform with the portions of the
            plan approved by the Secretary, and the Secretary decides that
            the alteration adversely affects the safety, utility, or
            efficiency of aircraft operations, or of any property on or off
            the airport that is owned, leased, or financed by the
            Government, then the owner or operator will, if requested by the
            Secretary''.
    SEC. 164. SEASONAL AIRPORTS.

        Section 47114(c)(1) of title 49, United States Code, as amended by
    this Act, is further amended by adding at the end the following:
                        ``(I) Seasonal airports.--Notwithstanding section
                    47102, if the Secretary determines that a commercial
                    service airport with at least 8,000 passenger boardings
                    receives scheduled air carrier service for fewer than 6
                    months in the calendar year used to calculate
                    apportionments to airport sponsors in a fiscal year,
                    then the Secretary shall consider the airport to be a
                    nonhub primary airport for purposes of this chapter.''.
    SEC. 165. AMENDMENTS TO DEFINITIONS.

        Section 47102 of title 49, United States Code, is amended--
                (1) in paragraph (3)--
                        (A) in subparagraph (K), by striking ``7505a) and if
                    such project will result in an airport receiving
                    appropriate'' and inserting ``7505a)) and if the airport
                    would be able to receive'';
                        (B) by striking subparagraph (L) and inserting the
                    following:
                        ``(L) a project by a commercial service airport for
                    the acquisition of airport-owned vehicles or ground
                    support equipment equipped with low-emission technology
                    if the airport is located in an air quality
                    nonattainment or maintenance area (as defined in
                    sections 171(2) and 175A of the Clean Air Act (42 U.S.C.
                    7501(2); 7505a)), if the airport would be able to
                    receive appropriate emission

    [[Page 132 STAT. 3226]]

                    credits (as described in section 47139), and the
                    vehicles are;
                              ``(i) used exclusively on airport property; or
                              ``(ii) used exclusively to transport
                          passengers and employees between the airport and
                          the airport's consolidated rental car facility or
                          an intermodal surface transportation facility
                          adjacent to the airport.''; and
                        (C) by adding at the end the following:
                        ``(P) an on-airport project to improve the
                    reliability and efficiency of the airport's power supply
                    and to prevent power disruptions to the airfield,
                    passenger terminal, and any other airport facilities,
                    including the acquisition and installation of electrical
                    generators, separation of the airport's main power
                    supply from its redundant power supply, and the
                    construction or modification of airport facilities to
                    install a microgrid (as defined in section 641 of the
                    United States Energy Storage Competitiveness Act of 2007
                    (42 U.S.C. 17231)).
                        ``(Q) converting or retrofitting vehicles and ground
                    support equipment into eligible zero-emission vehicles
                    and equipment (as defined in section 47136) and for
                    acquiring, by purchase or lease, eligible zero-emission
                    vehicles and equipment.
                        ``(R) predevelopment planning, including financial,
                    legal, or procurement consulting services, related to an
                    application or proposed application for an exemption
                    under section 47134.'';
                (2) in paragraph (5), by striking ``regulations'' and
            inserting ``requirements''; and
                (3) in paragraph (8), by striking ``public'' and inserting
            ``public-use''.
    SEC. 166. PILOT PROGRAM SUNSETS.

        (a) In General.--Sections 47136 and 47140 of title 49, United States
    Code, are repealed.
        (b) Conforming Amendments.--
                (1) Sections 47136a and 47140a of title 49, United States
            Code, are redesignated as sections 47136 and 47140,
            respectively.
                (2) Section 47139 of title 49, United States Code, is
            amended--
                        (A) by striking subsection (c); and
                        (B) by redesignating subsection (d) as subsection
                    (c).

        (c) Clerical Amendments.--The analysis for chapter 471 of title 49,
    United States Code, <<NOTE: 49 USC 47101 prec.>>  is amended--
                (1) by striking the items relating to sections 47136,
            47136a, 47140, and 47140a;
                (2) by inserting after the item relating to section 47135
            the following:

    ``47136. Zero-emission airport vehicles and infrastructure.''; and

                (3) by inserting after the item relating to section 47139
            the following:

    ``47140. Increasing the energy efficiency of airport power sources.''.

    [[Page 132 STAT. 3227]]

    SEC. 167. <<NOTE: 49 USC 50101 note.>>  BUY AMERICA REQUIREMENTS.

        (a) Notice of Waivers.--If the Secretary of Transportation
    determines that it is necessary to waive the application of section
    50101(a) of title 49, United States Code, based on a finding under
    section 50101(b) of that title, the Secretary, at least 10 days before
    the date on which the waiver takes effect, shall--
                (1) make publicly available, in an easily identifiable
            location on the website of the Department of Transportation, a
            detailed written justification of the waiver determination; and
                (2) provide an informal public notice and comment
            opportunity on the waiver determination.

        (b) Annual Report.--For each fiscal year, the Secretary shall submit
    to the appropriate committees of Congress a report on waivers issued
    under section 50101 of title 49, United States Code, during the fiscal
    year.

            Subtitle D--Airport Noise and Environmental Streamlining

    SEC. 171. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY
                            ASSESSMENTS.

        (a) Cost Reimbursements.--Section 47140(a) of title 49, United
    States Code, as so redesignated, is amended by striking ``airport.'' and
    inserting ``airport, and to reimburse the airport sponsor for the costs
    incurred in conducting the assessment.''.
        (b) Safety Priority.--Section 47140(b)(2) of title 49, United States
    Code, as so redesignated, is amended by inserting ``, including a
    certification that no safety projects are being be deferred by
    requesting a grant under this section,'' after ``an application''.
    SEC. 172. <<NOTE: 49 USC 47521 note.>>  AUTHORIZATION OF CERTAIN
                            FLIGHTS BY STAGE 2 AIRCRAFT.

        (a) In General.--Notwithstanding chapter 475 of title 49, United
    States Code, not later than 180 days after the date of enactment of this
    Act, the Administrator of the Federal Aviation Administration shall
    initiate a pilot program to permit an operator of a stage 2 aircraft to
    operate that aircraft in nonrevenue service into not more than 4 medium
    hub airports or nonhub airports if--
                (1) the airport--
                        (A) is certified under part 139 of title 14, Code of
                    Federal Regulations;
                        (B) has a runway that--
                              (i) is longer than 8,000 feet and not less
                          than 200 feet wide; and
                              (ii) is load bearing with a pavement
                          classification number of not less than 38; and
                        (C) has a maintenance facility with a maintenance
                    certificate issued under part 145 of such title; and
                (2) the operator of the stage 2 aircraft operates not more
            than 10 flights per month using that aircraft.

        (b) Termination.--The pilot program shall terminate on the earlier
    of--
                (1) the date that is 10 years after the date of the
            enactment of this Act; or

    [[Page 132 STAT. 3228]]

                (2) the date on which the Administrator determines that no
            stage 2 aircraft remain in service.

        (c) Definitions.--In this section:
                (1) Medium hub airport; nonhub airport.--The terms ``medium
            hub airport'' and ``nonhub airport'' have the meanings given
            those terms in section 40102 of title 49, United States Code.
                (2) Stage 2 aircraft.--The term ``stage 2 aircraft'' has the
            meaning given the term ``stage 2 airplane'' in section 91.851 of
            title 14, Code of Federal Regulations (as in effect on the day
            before the date of the enactment of this Act).
    SEC. 173. ALTERNATIVE AIRPLANE NOISE METRIC EVALUATION DEADLINE.

        Not later than 1 year after the date of enactment of this Act, the
    Administrator of the Federal Aviation Administration shall complete the
    ongoing evaluation of alternative metrics to the current Day Night Level
    (DNL) 65 standard.
    SEC. 174. UPDATING AIRPORT NOISE EXPOSURE MAPS.

        Section 47503(b) of title 49, United States Code, is amended to read
    as follows:
        ``(b) Revised Maps.--
                ``(1) In general.--An airport operator that submits a noise
            exposure map under subsection (a) shall submit a revised map to
            the Secretary if, in an area surrounding an airport, a change in
            the operation of the airport would establish a substantial new
            noncompatible use, or would significantly reduce noise over
            existing noncompatible uses, that is not reflected in either the
            existing conditions map or forecast map currently on file with
            the Federal Aviation Administration.
                ``(2) Timing.--A submission under paragraph (1) shall be
            required only if the relevant change in the operation of the
            airport occurs during--
                        ``(A) the forecast period of the applicable noise
                    exposure map submitted by an airport operator under
                    subsection (a); or
                        ``(B) the implementation period of the airport
                    operator's noise compatibility program.''.
    SEC. 175. <<NOTE: 49 USC 47501 note.>>  ADDRESSING COMMUNITY NOISE
                            CONCERNS.

        When proposing a new area navigation departure procedure, or
    amending an existing procedure that would direct aircraft between the
    surface and 6,000 feet above ground level over noise sensitive areas,
    the Administrator of the Federal Aviation Administration shall consider
    the feasibility of dispersal headings or other lateral track variations
    to address community noise concerns, if--
                (1) the affected airport operator, in consultation with the
            affected community, submits a request to the Administrator for
            such a consideration;
                (2) the airport operator's request would not, in the
            judgment of the Administrator, conflict with the safe and
            efficient operation of the national airspace system; and
                (3) the effect of a modified departure procedure would not
            significantly increase noise over noise sensitive areas, as
            determined by the Administrator.

    [[Page 132 STAT. 3229]]

    SEC. 176. COMMUNITY INVOLVEMENT IN FAA NEXTGEN PROJECTS LOCATED IN
                            METROPLEXES.

        (a) Community Involvement Policy.--Not later than 180 days after the
    date of enactment of this Act, the Administrator of the Federal Aviation
    Administration shall complete a review of the Federal Aviation
    Administration's community involvement practices for Next Generation Air
    Transportation System (NextGen) projects located in metroplexes
    identified by the Administration. The review shall include, at a
    minimum, a determination of how and when to engage airports and
    communities in performance-based navigation proposals.
        (b) Report.--Not later than 60 days after completion of the review,
    the Administrator shall submit to the appropriate committees of Congress
    a report on--
                (1) how the Administration will improve community
            involvement practices for NextGen projects located in
            metroplexes;
                (2) how and when the Administration will engage airports and
            communities in performance-based navigation proposals; and
                (3) lessons learned from NextGen projects and pilot programs
            and how those lessons learned are being integrated into
            community involvement practices for future NextGen projects
            located in metroplexes.
    SEC. 177. LEAD EMISSIONS.

        (a) Study.--The Secretary of Transportation shall enter into
    appropriate arrangements with the National Academies of Sciences,
    Engineering, and Medicine under which the National Research Council will
    study aviation gasoline.
        (b) Contents.--The study shall include an assessment of--
                (1) existing non-leaded fuel alternatives to the aviation
            gasoline used by piston-powered general aviation aircraft;
                (2) ambient lead concentrations at and around airports where
            piston-powered general aviation aircraft are used; and
                (3) mitigation measures to reduce ambient lead
            concentrations, including increasing the size of run-up areas,
            relocating run-up areas, imposing restrictions on aircraft using
            aviation gasoline, and increasing the use of motor gasoline in
            piston-powered general aviation aircraft.

        (c) Report to Congress.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall submit to the appropriate
    committees of Congress the study developed by the National Research
    Council pursuant to this section.
    SEC. 178. TERMINAL SEQUENCING AND SPACING.

        Not later than 60 days after the date of enactment of this Act, the
    Administrator of the Federal Aviation Administration shall provide a
    briefing to the appropriate committees of Congress on the status of
    Terminal Sequencing and Spacing (TSAS) implementation across all
    completed NextGen metroplexes with specific information provided by
    airline regarding the adoption and equipping of aircraft and the
    training of pilots in its use.
    SEC. 179. AIRPORT NOISE MITIGATION AND SAFETY STUDY.

        (a) Study.--Not later than 1 year after the date of enactment of
    this Act, the Administrator of the Federal Aviation Administration shall
    initiate a study to review and evaluate existing studies

    [[Page 132 STAT. 3230]]

    and analyses of the relationship between jet aircraft approach and
    takeoff speeds and corresponding noise impacts on communities
    surrounding airports.
        (b) Considerations.--In conducting the study initiated under
    subsection (a), the Administrator shall determine--
                (1) whether a decrease in jet aircraft approach or takeoff
            speeds results in significant aircraft noise reductions;
                (2) whether the jet aircraft approach or takeoff speed
            reduction necessary to achieve significant noise reductions--
                        (A) jeopardizes aviation safety; or
                        (B) decreases the efficiency of the National
                    Airspace System, including lowering airport capacity,
                    increasing travel times, or increasing fuel burn;
                (3) the advisability of using jet aircraft approach or
            takeoff speeds as a noise mitigation technique; and
                (4) if the Administrator determines that using jet aircraft
            approach or takeoff speeds as a noise mitigation technique is
            advisable, whether any of the metropolitan areas specifically
            identified in section 189(b)(2) would benefit from such a noise
            mitigation technique without a significant impact to aviation
            safety or the efficiency of the National Airspace System.

        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report on the results of the study initiated under
    subsection (a).
    SEC. 180. <<NOTE: 49 USC 106 note.>>  REGIONAL OMBUDSMEN.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, with respect to each region of the Federal Aviation
    Administration, the Regional Administrator for that region shall
    designate an individual to be the Regional Ombudsman for the region.
        (b) Requirements.--Each Regional Ombudsman shall--
                (1) serve as a regional liaison with the public, including
            community groups, on issues regarding aircraft noise, pollution,
            and safety;
                (2) make recommendations to the Administrator for the region
            to address concerns raised by the public and improve the
            consideration of public comments in decision-making processes;
            and
                (3) be consulted on proposed changes in aircraft operations
            affecting the region, including arrival and departure routes, in
            order to minimize environmental impacts, including noise.
    SEC. 181. <<NOTE: 49 USC 40101 note.>>  FAA LEADERSHIP ON CIVIL
                            SUPERSONIC AIRCRAFT.

        (a) In General.--The Administrator of the Federal Aviation
    Administration shall exercise leadership in the creation of Federal and
    international policies, regulations, and standards relating to the
    certification and safe and efficient operation of civil supersonic
    aircraft.
        (b) Exercise of Leadership.--In carrying out subsection (a), the
    Administrator shall--
                (1) consider the needs of the aerospace industry and other
            stakeholders when creating policies, regulations, and standards
            that enable the safe commercial deployment of civil supersonic
            aircraft technology and the safe and efficient operation of
            civil supersonic aircraft; and

    [[Page 132 STAT. 3231]]

                (2) obtain the input of aerospace industry stakeholders
            regarding--
                        (A) the appropriate regulatory framework and
                    timeline for permitting the safe and efficient operation
                    of civil supersonic aircraft within United States
                    airspace, including updating or modifying existing
                    regulations on such operation;
                        (B) issues related to standards and regulations for
                    the type certification and safe operation of civil
                    supersonic aircraft, including noise certification,
                    including--
                              (i) the operational differences between
                          subsonic aircraft and supersonic aircraft;
                              (ii) costs and benefits associated with
                          landing and takeoff noise requirements for civil
                          supersonic aircraft, including impacts on aircraft
                          emissions;
                              (iii) public and economic benefits of the
                          operation of civil supersonic aircraft and
                          associated aerospace industry activity; and
                              (iv) challenges relating to ensuring that
                          standards and regulations aimed at relieving and
                          protecting the public health and welfare from
                          aircraft noise and sonic booms are economically
                          reasonable, technologically practicable, and
                          appropriate for civil supersonic aircraft; and
                        (C) other issues identified by the Administrator or
                    the aerospace industry that must be addressed to enable
                    the safe commercial deployment and safe and efficient
                    operation of civil supersonic aircraft.

        (c) International Leadership.--The Administrator, in the appropriate
    international forums, shall take actions that--
                (1) demonstrate global leadership under subsection (a);
                (2) address the needs of the aerospace industry identified
            under subsection (b); and
                (3) protect the public health and welfare.

        (d) Report to Congress.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall submit to the appropriate
    committees of Congress a report detailing--
                (1) the Administrator's actions to exercise leadership in
            the creation of Federal and international policies, regulations,
            and standards relating to the certification and safe and
            efficient operation of civil supersonic aircraft;
                (2) planned, proposed, and anticipated actions to update or
            modify existing policies and regulations related to civil
            supersonic aircraft, including those identified as a result of
            industry consultation and feedback; and
                (3) a timeline for any actions to be taken to update or
            modify existing policies and regulations related to civil
            supersonic aircraft.

        (e) Long-term Regulatory Reform.--
                (1) Noise standards.--Not later than March 31, 2020, the
            Administrator shall issue a notice of proposed rulemaking to
            revise part 36 of title 14, Code of Federal Regulations, to
            include supersonic aircraft in the applicability of such part.
            The proposed rule shall include necessary definitions, noise
            standards for landing and takeoff, and noise test requirements
            that would apply to a civil supersonic aircraft.

    [[Page 132 STAT. 3232]]

                (2) Special flight authorizations.--Not later than December
            31, 2019, the Administrator shall issue a notice of proposed
            rulemaking to revise appendix B of part 91 of title 14, Code of
            Federal Regulations, to modernize the application process for a
            person applying to operate a civil aircraft at supersonic speeds
            for the purposes stated in that rule.

        (f) Near-Term Certification of Supersonic Civil Aircraft.--
                (1) In general.--If a person submits an application
            requesting type certification of a civil supersonic aircraft
            pursuant to part 21 of title 14, Code of Federal Regulations,
            before the Administrator promulgates a final rule amending part
            36 of title 14, Code of Federal Regulations, in accordance with
            subsection (e)(1), the Administrator shall, not later than 18
            months after having received such application, issue a notice of
            proposed rulemaking applicable solely for the type
            certification, inclusive of the aircraft engines, of the
            supersonic aircraft design for which such application was made.
                (2) Contents.--A notice of proposed rulemaking described in
            paragraph (1) shall--
                        (A) address safe operation of the aircraft type,
                    including development and flight testing prior to type
                    certification;
                        (B) address manufacturing of the aircraft;
                        (C) address continuing airworthiness of the
                    aircraft;
                        (D) specify landing and takeoff noise standards for
                    that aircraft type that the Administrator considers
                    appropriate, practicable, and consistent with section
                    44715 of title 49, United States Code; and
                        (E) consider differences between subsonic and
                    supersonic aircraft including differences in thrust
                    requirements at equivalent gross weight, engine
                    requirements, aerodynamic characteristics, operational
                    characteristics, and other physical properties.
                (3) Noise and performance data.--The requirement of the
            Administrator to issue a notice of proposed rulemaking under
            paragraph (1) shall apply only if an application contains
            sufficient aircraft noise and performance data as the
            Administrator finds necessary to determine appropriate noise
            standards and operating limitations for the aircraft type
            consistent with section 44715 of title 49, United States Code.
                (4) Final rule.--Not later than 18 months after the end of
            the public comment period provided in the notice of proposed
            rulemaking required under paragraph (1), the Administrator shall
            publish in the Federal Register a final rule applying solely to
            the aircraft model submitted for type certification.
                (5) Review of rules of civil supersonic flights.--Beginning
            December 31, 2020, and every 2 years thereafter, the
            Administrator shall review available aircraft noise and
            performance data, and consult with heads of appropriate Federal
            agencies, to determine whether section 91.817 of title 14, Code
            of Federal Regulations, and Appendix B of part 91 of title 14,
            Code of Federal Regulations, may be amended, consistent with
            section 44715 of title 49, United States Code, to permit
            supersonic flight of civil aircraft over land in the United
            States.
                (6) Implementation of noise standards.--The portion of the
            regulation issued by the Administrator of the Federal

    [[Page 132 STAT. 3233]]

            Aviation Administration titled ``Revision of General Operating
            and Flight Rules'' and published in the Federal Register on
            August 18, 1989 (54 Fed. Reg. 34284) that restricts operation of
            civil aircraft at a true flight Mach number greater than 1 shall
            have no force or effect beginning on the date on which the
            Administrator publishes in the Federal Register a final rule
            specifying sonic boom noise standards for civil supersonic
            aircraft.
    SEC. 182. MANDATORY USE OF THE NEW YORK NORTH SHORE HELICOPTER
                            ROUTE.

        (a) Public Comment Period.--
                (1) In general.--The Administrator of the Federal Aviation
            Administration shall provide notice of, and an opportunity for,
            at least 60 days of public comment with respect to the
            regulations in subpart H of part 93 of title 14, Code of Federal
            Regulations.
                (2) Timing.--The public comment period required under
            paragraph (1) shall begin not later than 30 days after the date
            of enactment of this Act.

        (b) Public Hearing.--Not later than 30 days after the date of
    enactment of this Act, the Administrator shall hold a public hearing in
    the communities impacted by the regulations described in subsection
    (a)(1) to solicit feedback with respect to the regulations.
        (c) Review.--Not later than 30 days after the date of enactment of
    this Act, the Administrator shall initiate a review of the regulations
    described in subsection (a)(1) that assesses the--
                (1) noise impacts of the regulations for communities,
            including communities in locations where aircraft are
            transitioning to or from a destination or point of landing;
                (2) enforcement of applicable flight standards, including
            requirements for helicopters operating on the relevant route to
            remain at or above 2,500 feet mean sea level; and
                (3) availability of alternative or supplemental routes to
            reduce the noise impacts of the regulations, including the
            institution of an all water route over the Atlantic Ocean.
    SEC. 183. STATE STANDARDS FOR AIRPORT PAVEMENTS.

        Section 47105(c) of title 49, United States Code, is amended--
                (1) by inserting ``(1) In general.--'' before ``The
            Secretary'' the first place it appears; and
                (2) by adding at the end the following:
                ``(2) Pavement standards.--
                        ``(A) Technical assistance.--At the request of a
                    State, the Secretary shall, not later than 30 days after
                    the date of the request, provide technical assistance to
                    the State in developing standards, acceptable to the
                    Secretary under subparagraph (B), for pavement on
                    nonprimary public-use airports in the State.
                        ``(B) Requirements.--The Secretary shall--
                              ``(i) continue to provide technical assistance
                          under subparagraph (A) until the standards are
                          approved under paragraph (1); and
                              ``(ii) clearly indicate to the State the
                          standards that are acceptable to the Secretary,
                          considering, at a minimum, local conditions and
                          locally available materials.''.

    [[Page 132 STAT. 3234]]

    SEC. 184. ELIGIBILITY OF PILOT PROGRAM AIRPORTS.

        (a) Discretionary Fund.--Section 47115 of title 49, United States
    Code, is further amended by adding at the end the following:
        ``(k) Partnership Program Airports.--
                ``(1) Authority.--The Secretary may make grants with funds
            made available under this section for an airport participating
            in the program under section 47134 if--
                        ``(A) the Secretary has approved the application of
                    an airport sponsor under section 47134(b) in fiscal year
                    2019; and
                        ``(B) the grant will--
                              ``(i) satisfy an obligation incurred by an
                          airport sponsor under section 47110(e) or funded
                          by a nonpublic sponsor for an airport development
                          project on the airport; or
                              ``(ii) provide partial Federal reimbursement
                          for airport development (as defined in section
                          47102) on the airport layout plan initiated in the
                          fiscal year in which the application was approved,
                          or later, for over a period of not more than 10
                          years.
                ``(2) Nonapplicability of certain sections.--Grants made
            under this subsection shall not be subject to--
                        ``(A) subsection (c) of this section;
                        ``(B) section 47117(e); or
                        ``(C) any other apportionment formula, special
                    apportionment category, or minimum percentage set forth
                    in this chapter.''.

        (b) Allowable Project Costs; Letters of Intent.--Section 47110(e) of
    such title is amended by adding at the end the following:
        ``(7) Partnership Program Airports.--The Secretary may issue a
    letter of intent under this section to an airport sponsor with an
    approved application under section 47134(b) if--
                ``(A) the application was approved in fiscal year 2019; and
                ``(B) the project meets all other requirements set forth in
            this chapter.''.
    SEC. 185. GRANDFATHERING OF CERTAIN DEED AGREEMENTS GRANTING
                            THROUGH-THE-FENCE ACCESS TO GENERAL
                            AVIATION AIRPORTS.

        Section 47107(s) of title 49, United States Code, is amended by
    adding at the end the following:
                ``(3) Exemption.--The terms and conditions of paragraph (2)
            shall not apply to an agreement described in paragraph (1) made
            before the enactment of the FAA Modernization and Reform Act of
            2012 (Public Law 112-95) that the Secretary determines does not
            comply with such terms and conditions but involves property that
            is subject to deed or lease restrictions that are considered
            perpetual and that cannot readily be brought into compliance.
            However, if the Secretary determines that the airport sponsor
            and residential property owners are able to make any
            modification to such an agreement on or after the date of
            enactment of this paragraph, the exemption provided by this
            paragraph shall no longer apply.''.
    SEC. 186. STAGE 3 AIRCRAFT STUDY.

        (a) Study.--Not later than 180 days after the date of enactment of
    this Act, the Comptroller General of the United States shall

    [[Page 132 STAT. 3235]]

    initiate a review of the potential benefits, costs, and other impacts
    that would result from a phaseout of covered stage 3 aircraft.
        (b) Contents.--The review shall include--
                (1) a determination of the number, types, frequency of
            operations, and owners and operators of covered stage 3
            aircraft;
                (2) an analysis of the potential benefits, costs, and other
            impacts to air carriers, general aviation operators, airports,
            communities surrounding airports, and the general public
            associated with phasing out or reducing the operations of
            covered stage 3 aircraft, assuming such a phaseout or reduction
            is put into effect over a reasonable period of time;
                (3) a determination of lessons learned from the phaseout of
            stage 2 aircraft that might be applicable to a phaseout or
            reduction in the operations of covered stage 3 aircraft,
            including comparisons between the benefits, costs, and other
            impacts associated with the phaseout of stage 2 aircraft and the
            potential benefits, costs, and other impacts determined under
            paragraph (2);
                (4) a determination of the costs and logistical challenges
            associated with recertifying stage 3 aircraft capable of meeting
            stage 4 noise levels; and
                (5) a determination of stakeholder views on the feasibility
            and desirability of phasing out covered stage 3 aircraft,
            including the views of--
                        (A) air carriers;
                        (B) airports;
                        (C) communities surrounding airports;
                        (D) aircraft and avionics manufacturers;
                        (E) operators of covered stage 3 aircraft other than
                    air carriers; and
                        (F) such other stakeholders and aviation experts as
                    the Comptroller General considers appropriate.

        (c) Report.--Not later than 18 months after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the results of the review.
        (d) Covered Stage 3 Aircraft Defined.--In this section, the term
    ``covered stage 3 aircraft'' means a civil subsonic jet aircraft that is
    not capable of meeting the stage 4 noise levels in part 36 of title 14,
    Code of Federal Regulations.
    SEC. 187. AIRCRAFT NOISE EXPOSURE.

        (a) Review.--The Administrator of the Federal Aviation
    Administration shall conclude the Administrator's ongoing review of the
    relationship between aircraft noise exposure and its effects on
    communities around airports.
        (b) Report.--
                (1) In general.--Not later than 2 years after the date of
            enactment of this Act, the Administrator shall submit to
            Congress a report containing the results of the review.
                (2) Preliminary recommendations.--The report shall contain
            such preliminary recommendations as the Administrator determines
            appropriate for revising the land use compatibility guidelines
            in part 150 of title 14, Code of Federal Regulations, based on
            the results of the review and in coordination with other
            agencies.

    [[Page 132 STAT. 3236]]

    SEC. 188. STUDY REGARDING DAY-NIGHT AVERAGE SOUND LEVELS.

        (a) Study.--The Administrator of the Federal Aviation Administration
    shall evaluate alternative metrics to the current average day-night
    level standard, such as the use of actual noise sampling and other
    methods, to address community airplane noise concerns.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report on the results of the study under subsection (a).
    SEC. 189. STUDY ON POTENTIAL HEALTH AND ECONOMIC IMPACTS OF
                            OVERFLIGHT NOISE.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator of the Federal Aviation Administration
    shall enter into an agreement with an eligible institution of higher
    education to conduct a study on the health impacts of noise from
    aircraft flights on residents exposed to a range of noise levels from
    such flights.
        (b) Scope of Study.--The study conducted under subsection (a)
    shall--
                (1) include an examination of the incremental health impacts
            attributable to noise exposure that result from aircraft
            flights, including sleep disturbance and elevated blood
            pressure;
                (2) be focused on residents in the metropolitan area of--
                        (A) Boston;
                        (B) Chicago;
                        (C) the District of Columbia;
                        (D) New York;
                        (E) the Northern California Metroplex;
                        (F) Phoenix;
                        (G) the Southern California Metroplex;
                        (H) Seattle; or
                        (I) such other area as may be identified by the
                    Administrator;
                (3) consider, in particular, the incremental health impacts
            on residents living partly or wholly underneath flight paths
            most frequently used by aircraft flying at an altitude lower
            than 10,000 feet, including during takeoff or landing;
                (4) include an assessment of the relationship between a
            perceived increase in aircraft noise, including as a result of a
            change in flight paths that increases the visibility of aircraft
            from a certain location, and an actual increase in aircraft
            noise, particularly in areas with high or variable levels of
            nonaircraft-related ambient noise; and
                (5) consider the economic harm or benefits to businesses
            located party or wholly underneath flight paths most frequently
            used by aircraft flying at an altitude lower than 10,000 feet,
            including during takeoff or landing.

        (c) Eligibility.--An institution of higher education is eligible to
    conduct the study if the institution--
                (1) has--
                        (A) a school of public health that has participated
                    in the Center of Excellence for Aircraft Noise and
                    Aviation Emissions Mitigation of the Federal Aviation
                    Administration; or

    [[Page 132 STAT. 3237]]

                        (B) a center for environmental health that receives
                    funding from the National Institute of Environmental
                    Health Sciences;
                (2) is located in one of the areas identified in subsection
            (b);
                (3) applies to the Administrator in a timely fashion;
                (4) demonstrates to the satisfaction of the Administrator
            that the institution is qualified to conduct the study;
                (5) agrees to submit to the Administrator, not later than 3
            years after entering into an agreement under subsection (a), the
            results of the study, including any source materials used; and
                (6) meets such other requirements as the Administrator
            determines necessary.

        (d) Submission of Study.--Not later than 90 days after the
    Administrator receives the results of the study, the Administrator shall
    submit to the appropriate committees of Congress the study and a summary
    of the results.
    SEC. 190. <<NOTE: 49 USC 47104 note.>>  ENVIRONMENTAL MITIGATION
                            PILOT PROGRAM.

        (a) In General.--The Secretary of Transportation may carry out a
    pilot program involving not more than 6 projects at public-use airports
    in accordance with this section.
        (b) Grants.--In carrying out the program, the Secretary may make
    grants to sponsors of public-use airports from funds apportioned under
    section 47117(e)(1)(A) of title 49, United States Code.
        (c) Use of Funds.--Amounts from a grant received by the sponsor of a
    public-use airport under the program shall be used for environmental
    mitigation projects that will measurably reduce or mitigate aviation
    impacts on noise, air quality, or water quality at the airport or within
    5 miles of the airport.
        (d) Eligibility.--Notwithstanding any other provision of chapter 471
    of title 49, United States Code, an environmental mitigation project
    approved under this section shall be treated as eligible for assistance
    under that chapter.
        (e) Selection Criteria.--In selecting from among applicants for
    participation in the program, the Secretary may give priority
    consideration to projects that--
                (1) will achieve the greatest reductions in aircraft noise,
            airport emissions, or airport water quality impacts either on an
            absolute basis or on a per dollar of funds expended basis; and
                (2) will be implemented by an eligible consortium.

        (f) Federal Share.--The Federal share of the cost of a project
    carried out under the program shall be 50 percent.
        (g) Maximum Amount.--Not more than $2,500,000 may be made available
    by the Secretary in grants under the program for any single project.
        (h) Identifying Best Practices.--The Secretary may establish and
    publish information identifying best practices for reducing or
    mitigating aviation impacts on noise, air quality, and water quality at
    airports or in the vicinity of airports based on the projects carried
    out under the program.
        (i) Sunset.--The program shall terminate 5 years after the Secretary
    makes the first grant under the program.
        (j) Definitions.--In this section, the following definitions apply:

    [[Page 132 STAT. 3238]]

                (1) Eligible consortium.--The term ``eligible consortium''
            means a consortium that is composed of 2 or more of the
            following entities:
                        (A) Businesses incorporated in the United States.
                        (B) Public or private educational or research
                    organizations located in the United States.
                        (C) Entities of State or local governments in the
                    United States.
                        (D) Federal laboratories.
                (2) Environmental mitigation project.--The term
            ``environmental mitigation project'' means a project that--
                        (A) introduces new environmental mitigation
                    techniques or technologies that have been proven in
                    laboratory demonstrations;
                        (B) proposes methods for efficient adaptation or
                    integration of new concepts into airport operations; and
                        (C) will demonstrate whether new techniques or
                    technologies for environmental mitigation are--
                              (i) practical to implement at or near multiple
                          public-use airports; and
                              (ii) capable of reducing noise, airport
                          emissions, or water quality impacts in measurably
                          significant amounts.

        (k) Authorization for the Transfer of Funds From Department of
    Defense.--
                (1) In general.--The Administrator of the Federal Aviation
            Administration may accept funds from the Secretary of Defense to
            increase the authorized funding for this section by the amount
            of such transfer only to carry out projects designed for
            environmental mitigation at a site previously, but not
            currently, managed by the Department of Defense.
                (2) Additional grantees.--If additional funds are made
            available by the Secretary of Defense under paragraph (1), the
            Administrator may increase the number of grantees under
            subsection (a).
    SEC. 191. EXTENDING AVIATION DEVELOPMENT STREAMLINING.

        (a) In General.--Section 47171 of title 49, United States Code, is
    amended--
                (1) in subsection (a), in the matter preceding paragraph
            (1), by inserting ``general aviation airport construction or
            improvement projects,'' after ``congested airports,'';
                (2) in subsection (b)--
                        (A) by redesignating paragraph (2) as paragraph (3);
                    and
                        (B) by inserting after paragraph (1) the following:
                ``(2) General aviation airport construction or improvement
            project.--A general aviation airport construction or improvement
            project shall be subject to the coordinated and expedited
            environmental review process requirements set forth in this
            section.'';
                (3) in subsection (c)(1), by striking ``subsection (b)(2)''
            and inserting ``subsection (b)(3)'';
                (4) in subsection (d), by striking ``subsection (b)(2)'' and
            inserting ``subsection (b)(3)'';
                (5) in subsection (h), by striking ``subsection (b)(2)'' and
            inserting ``subsection (b)(3)''; and

    [[Page 132 STAT. 3239]]

                (6) in subsection (k), by striking ``subsection (b)(2)'' and
            inserting ``subsection (b)(3)''.

        (b) Definitions.--Section 47175 of title 49, United States Code, is
    amended by adding at the end the following:
                ``(8) General aviation airport construction or improvement
            project.--The term `general aviation airport construction or
            improvement project' means--
                        ``(A) a project for the construction or extension of
                    a runway, including any land acquisition, helipad,
                    taxiway, safety area, apron, or navigational aids
                    associated with the runway or runway extension, at a
                    general aviation airport, a reliever airport, or a
                    commercial service airport that is not a primary airport
                    (as such terms are defined in section 47102); and
                        ``(B) any other airport development project that the
                    Secretary designates as facilitating aviation capacity
                    building projects at a general aviation airport.''.
    SEC. 192. ZERO-EMISSION VEHICLES AND TECHNOLOGY.

        (a) In General.--Section 47136 of title 49, United States Code, as
    so redesignated, is amended--
                (1) by striking subsections (a) and (b) and inserting the
            following:

        ``(a) In General.--The Secretary of Transportation may establish a
    pilot program under which the sponsors of public-use airports may use
    funds made available under this chapter or section 48103 for use at such
    airports to carry out--
                ``(1) activities associated with the acquisition, by
            purchase or lease, and operation of eligible zero-emission
            vehicles and equipment, including removable power sources for
            such vehicles; and
                ``(2) the construction or modification of infrastructure to
            facilitate the delivery of fuel, power or services necessary for
            the use of such vehicles.

        ``(b) Eligibility.--A public-use airport is eligible for
    participation in the program if the eligible vehicles or equipment are--
                ``(1) used exclusively on airport property; or
                ``(2) used exclusively to transport passengers and employees
            between the airport and--
                        ``(A) nearby facilities which are owned or
                    controlled by the airport or which otherwise directly
                    support the functions or services provided by the
                    airport; or
                        ``(B) an intermodal surface transportation facility
                    adjacent to the airport.'';
                (2) by striking subsections (d) through (f) and inserting
            the following:

        ``(d) Federal Share.--The Federal share of the cost of a project
    carried out under the program shall be the Federal share specified in
    section 47109.
        ``(e) Technical Assistance.--
                ``(1) In general.--The sponsor of a public-use airport may
            use not more than 10 percent of the amounts made available to
            the sponsor under the program in any fiscal year for--
                        ``(A) technical assistance; and
                        ``(B) project management support to assist the
                    airport with the solicitation, acquisition, and
                    deployment of zero-

    [[Page 132 STAT. 3240]]

                    emission vehicles, related equipment, and supporting
                    infrastructure.
                ``(2) Providers of technical assistance.--To receive the
            technical assistance or project management support described in
            paragraph (1), participants in the program may use--
                        ``(A) a nonprofit organization selected by the
                    Secretary; or
                        ``(B) a university transportation center receiving
                    grants under section 5505 in the region of the airport.

        ``(f) Materials Identifying Best Practices.--The Secretary may
    create and make available materials identifying best practices for
    carrying out activities funded under the program based on previous
    related projects and other sources.
        ``(g) Allowable Project Cost.--The allowable project cost for the
    acquisition of a zero-emission vehicle shall be the total cost of
    purchasing or leasing the vehicle, including the cost of technical
    assistance or project management support described in subsection (e).
        ``(h) Flexible Procurement.--A sponsor of a public-use airport may
    use funds made available under the program to acquire, by purchase or
    lease, a zero-emission vehicle and a removable power source in separate
    transactions, including transactions by which the airport purchases the
    vehicle and leases the removable power source.
        ``(i) Testing Required.--
                ``(1) In general.--A sponsor of a public-use airport may not
            use funds made available under the program to acquire a zero-
            emission vehicle unless that make, model, or type of vehicle has
            been tested by a Federal vehicle testing facility acceptable to
            the Secretary.
                ``(2) Penalties for false statements.--A certification of
            compliance under paragraph (1) shall be considered a
            certification required under this subchapter for purposes of
            section 47126.

        ``(j) Definitions.--In this section, the following definitions
    apply:
                ``(1) Eligible zero-emission vehicle and equipment.--The
            term `eligible zero-emission vehicle and equipment' means a
            zero-emission vehicle, equipment related to such a vehicle, or
            ground support equipment that includes zero-emission technology
            that is--
                        ``(A) used exclusively on airport property; or
                        ``(B) used exclusively to transport passengers and
                    employees between the airport and--
                              ``(i) nearby facilities which are owned or
                          controlled by the airport or which otherwise
                          directly support the functions or services
                          provided by the airport; or
                              ``(ii) an intermodal surface transportation
                          facility adjacent to the airport.
                ``(2) Removable power source.--The term `removable power
            source' means a power source that is separately installed in,
            and removable from, a zero-emission vehicle and may include a
            battery, a fuel cell, an ultra-capacitor, or other power source
            used in a zero-emission vehicle.
                ``(3) Zero-emission vehicle.--The term `zero-emission
            vehicle' means--

    [[Page 132 STAT. 3241]]

                        ``(A) a zero-emission vehicle as defined in section
                    88.102-94 of title 40, Code of Federal Regulations; or
                        ``(B) a vehicle that produces zero exhaust emissions
                    of any criteria pollutant (or precursor pollutant) under
                    any possible operational modes and conditions.''.

        (b) Special Apportionment Categories.--Section 47117(e)(1)(A) of
    title 49, United States Code, is amended by inserting ``for airport
    development described in section 47102(3)(Q),'' after ``under section
    47141,''.
        (c) <<NOTE: 49 USC 47136 note.>>  Deployment of Zero Emission
    Vehicle Technology.--
                (1) Establishment.--The Secretary of Transportation may
            establish a zero-emission airport technology program--
                        (A) to facilitate the deployment of commercially
                    viable zero-emission airport vehicles, technology, and
                    related infrastructure; and
                        (B) to minimize the risk of deploying such vehicles,
                    technology, and infrastructure.
                (2) General authority.--
                        (A) Assistance to nonprofit organizations.--The
                    Secretary may provide assistance under the program to
                    not more than 3 geographically diverse, eligible
                    organizations to conduct zero-emission airport
                    technology and infrastructure projects.
                        (B) Forms of assistance.--The Secretary may provide
                    assistance under the program in the form of grants,
                    contracts, and cooperative agreements.
                (3) Selection of participants.--
                        (A) National solicitation.--In selecting
                    participants, the Secretary shall--
                              (i) conduct a national solicitation for
                          applications for assistance under the program; and
                              (ii) select the recipients of assistance under
                          the program on a competitive basis.
                        (B) Considerations.--In selecting from among
                    applicants for assistance under the program, the
                    Secretary shall consider--
                              (i) the ability of an applicant to contribute
                          significantly to deploying zero-emission
                          technology as the technology relates to airport
                          operations;
                              (ii) the financing plan and cost-share
                          potential of the applicant; and
                              (iii) other factors, as the Secretary
                          determines appropriate.
                        (C) Priority.--ln selecting from among applicants
                    for assistance under the program, the Secretary shall
                    give priority consideration to an applicant that has
                    successfully managed advanced transportation technology
                    projects, including projects related to zero-emission
                    transportation operations.
                (4) Eligible projects.--A recipient of assistance under the
            program shall use the assistance--
                        (A) to review and conduct demonstrations of zero-
                    emission technologies and related infrastructure at
                    airports;
                        (B) to evaluate the credibility of new, unproven
                    vehicle and energy-efficient technologies in various
                    aspects of airport operations prior to widespread
                    investment in the technologies by airports and the
                    aviation industry;

    [[Page 132 STAT. 3242]]

                        (C) to collect data and make the recipient's
                    findings available to airports, so that airports can
                    evaluate the applicability of new technologies to their
                    facilities; and
                        (D) to report the recipient's findings to the
                    Secretary.
                (5) Administrative provisions.--
                        (A) Federal share.--The Federal share of the cost of
                    a project carried out under the program may not exceed
                    80 percent.
                        (B) Terms and conditions.--A grant, contract, or
                    cooperative agreement under this section shall be
                    subject to such terms and conditions as the Secretary
                    determines appropriate.
                (6) Definitions.--In this subsection, the following
            definitions apply:
                        (A) Eligible organization.--The term ``eligible
                    organization'' means an organization that has expertise
                    in zero-emission technology.
                        (B) Organization.--The term ``organization'' means--
                              (i) described in section 501(c)(3) of the
                          Internal Revenue Code of 1986 and exempt from tax
                          under section 501(a) of the Internal Revenue Code
                          of 1986;
                              (ii) a university transportation center
                          receiving grants under section 5505 of title 49,
                          United States Code; or
                              (iii) any other Federal or non-Federal entity
                          as the Secretary considers appropriate.

                    TITLE II--FAA SAFETY CERTIFICATION REFORM

                         Subtitle A--General Provisions

    SEC. 201. <<NOTE: 49 USC 44701 note.>>  DEFINITIONS.

        In this title, the following definitions apply:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the FAA.
                (2) Advisory committee.--The term ``Advisory Committee''
            means the Safety Oversight and Certification Advisory Committee
            established under section 202.
                (3) FAA.--The term ``FAA'' means the Federal Aviation
            Administration.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Transportation.
                (5) Systems safety approach.--The term ``systems safety
            approach'' means the application of specialized technical and
            managerial skills to the systematic, forward-looking
            identification and control of hazards throughout the lifecycle
            of a project, program, or activity.
    SEC. 202. <<NOTE: 49 USC 44701 note.>>  SAFETY OVERSIGHT AND
                            CERTIFICATION ADVISORY COMMITTEE.

        (a) Establishment.--Not later than 60 days after the date of
    enactment of this Act, the Secretary shall establish a Safety Oversight
    and Certification Advisory Committee.

    [[Page 132 STAT. 3243]]

        (b) Duties.--The Advisory Committee shall provide advice to the
    Secretary on policy-level issues facing the aviation community that are
    related to FAA safety oversight and certification programs and
    activities, including, at a minimum, the following:
                (1) Aircraft and flight standards certification processes,
            including efforts to streamline those processes.
                (2) Implementation and oversight of safety management
            systems.
                (3) Risk-based oversight efforts.
                (4) Utilization of delegation and designation authorities,
            including organization designation authorization.
                (5) Regulatory interpretation standardization efforts.
                (6) Training programs.
                (7) Expediting the rulemaking process and giving priority to
            rules related to safety.
                (8) Enhancing global competitiveness of United States
            manufactured and United States certificated aerospace and
            aviation products and services throughout the world.

        (c) Functions.--In carrying out its duties under subsection (b), the
    Advisory Committee shall:
                (1) Foster industry collaboration in an open and transparent
            manner.
                (2) Consult with, and ensure participation by--
                        (A) the private sector, including representatives
                    of--
                              (i) general aviation;
                              (ii) commercial aviation;
                              (iii) aviation labor;
                              (iv) aviation maintenance, repair, and
                          overhaul;
                              (v) aviation, aerospace, and avionics
                          manufacturing;
                              (vi) unmanned aircraft systems operators and
                          manufacturers; and
                              (vii) the commercial space transportation
                          industry;
                        (B) members of the public; and
                        (C) other interested parties.
                (3) Recommend consensus national goals, strategic
            objectives, and priorities for the most efficient, streamlined,
            and cost-effective certification and safety oversight processes
            in order to maintain the safety of the aviation system and, at
            the same time, allow the FAA to meet future needs and ensure
            that aviation stakeholders remain competitive in the global
            marketplace.
                (4) Provide policy guidance recommendations for the FAA's
            certification and safety oversight efforts.
                (5) On a regular basis, review and provide recommendations
            on the FAA's certification and safety oversight efforts.
                (6) Periodically review and evaluate registration,
            certification, and related fees.
                (7) Provide appropriate legislative, regulatory, and
            guidance recommendations for the air transportation system and
            the aviation safety regulatory environment.
                (8) Recommend performance objectives for the FAA and
            industry.
                (9) Recommend performance metrics and goals to track and
            review the FAA and the regulated aviation industry on

    [[Page 132 STAT. 3244]]

            their progress towards streamlining certification reform,
            conducting flight standards reform, and carrying out regulation
            consistency efforts.
                (10) Provide a venue for tracking progress toward national
            goals and sustaining joint commitments.
                (11) Recommend recruiting, hiring, training, and continuing
            education objectives for FAA aviation safety engineers and
            aviation safety inspectors.
                (12) Provide advice and recommendations to the FAA on how to
            prioritize safety rulemaking projects.
                (13) Improve the development of FAA regulations by providing
            information, advice, and recommendations related to aviation
            issues.
                (14) Facilitate the validation and acceptance of United
            States manufactured and United States certificated products and
            services throughout the world.

        (d) Membership.--
                (1) In general.--The Advisory Committee shall be composed of
            the following members:
                        (A) The Administrator (or the Administrator's
                    designee).
                        (B) At least 11 individuals, appointed by the
                    Secretary, each of whom represents at least 1 of the
                    following interests:
                              (i) Transport aircraft and engine
                          manufacturers.
                              (ii) General aviation aircraft and engine
                          manufacturers.
                              (iii) Avionics and equipment manufacturers.
                              (iv) Aviation labor organizations, including
                          collective bargaining representatives of FAA
                          aviation safety inspectors and aviation safety
                          engineers.
                              (v) General aviation operators.
                              (vi) Air carriers.
                              (vii) Business aviation operators.
                              (viii) Unmanned aircraft systems manufacturers
                          and operators.
                              (ix) Aviation safety management experts.
                              (x) Aviation maintenance, repair, and
                          overhaul.
                              (xi) Airport owners and operators.
                (2) Nonvoting members.--
                        (A) In general.--In addition to the members
                    appointed under paragraph (1), the Advisory Committee
                    shall be composed of nonvoting members appointed by the
                    Secretary from among individuals representing FAA safety
                    oversight program offices.
                        (B) Duties.--The nonvoting members may--
                              (i) take part in deliberations of the Advisory
                          Committee; and
                              (ii) provide input with respect to any final
                          reports or recommendations of the Advisory
                          Committee.
                        (C) Limitation.--The nonvoting members may not
                    represent any stakeholder interest other than that of an
                    FAA safety oversight program office.
                (3) Terms.--Each voting member and nonvoting member of the
            Advisory Committee appointed by the Secretary shall be appointed
            for a term of 2 years.

    [[Page 132 STAT. 3245]]

                (4) Committee characteristics.--The Advisory Committee shall
            have the following characteristics:
                        (A) Each voting member under paragraph (1)(B) shall
                    be an executive officer of the organization who has
                    decisionmaking authority within the member's
                    organization and can represent and enter into
                    commitments on behalf of such organization.
                        (B) The ability to obtain necessary information from
                    experts in the aviation and aerospace communities.
                        (C) A membership size that enables the Advisory
                    Committee to have substantive discussions and reach
                    consensus on issues in a timely manner.
                        (D) Appropriate expertise, including expertise in
                    certification and risked-based safety oversight
                    processes, operations, policy, technology, labor
                    relations, training, and finance.
                (5) Limitation on statutory construction.--Public Law 104-65
            (2 U.S.C. 1601 et seq.) may not be construed to prohibit or
            otherwise limit the appointment of any individual as a member of
            the Advisory Committee.

        (e) Chairperson.--
                (1) In general.--The Chairperson of the Advisory Committee
            shall be appointed by the Secretary from among those members of
            the Advisory Committee that are voting members under subsection
            (d)(1)(B).
                (2) Term.--Each member appointed under paragraph (1) shall
            serve a term of 2 years as Chairperson.

        (f) Meetings.--
                (1) Frequency.--The Advisory Committee shall meet at least
            twice each year at the call of the Chairperson.
                (2) Public attendance.--The meetings of the Advisory
            Committee shall be open and accessible to the public.

        (g) Special Committees.--
                (1) Establishment.--The Advisory Committee may establish
            special committees composed of private sector representatives,
            members of the public, labor representatives, and other relevant
            parties in complying with consultation and participation
            requirements under this section.
                (2) Rulemaking advice.--A special committee established by
            the Advisory Committee may--
                        (A) provide rulemaking advice and recommendations to
                    the Advisory Committee with respect to aviation-related
                    issues;
                        (B) provide the FAA additional opportunities to
                    obtain firsthand information and insight from those
                    parties that are most affected by existing and proposed
                    regulations; and
                        (C) assist in expediting the development, revision,
                    or elimination of rules without circumventing public
                    rulemaking processes and procedures.
                (3) Applicable law.--Public Law 92-463 shall not apply to a
            special committee established by the Advisory Committee.

        (h) Sunset.--The Advisory Committee shall terminate on the last day
    of the 6-year period beginning on the date of the initial appointment of
    the members of the Advisory Committee.

    [[Page 132 STAT. 3246]]

        (i) Termination of Air Traffic Procedures Advisory Committee.--The
    Air Traffic Procedures Advisory Committee established by the FAA shall
    terminate on the date of the initial appointment of the members of the
    Advisory Committee.

                    Subtitle B--Aircraft Certification Reform

    SEC. 211. <<NOTE: 49 USC 44701 note.>>  AIRCRAFT CERTIFICATION
                            PERFORMANCE OBJECTIVES AND METRICS.

        (a) In General.--Not later than 120 days after the date on which the
    Advisory Committee is established under section 202, the Administrator
    shall establish performance objectives and apply and track performance
    metrics for the FAA and the aviation industry relating to aircraft
    certification in accordance with this section.
        (b) Collaboration.--The Administrator shall carry out this section
    in collaboration with the Advisory Committee and update agency
    performance objectives and metrics after considering the recommendations
    of the Advisory Committee under paragraphs (8) and (9) of section
    202(c).
        (c) Performance Objectives.--In carrying out subsection (a), the
    Administrator shall establish performance objectives for the FAA and the
    aviation industry to ensure that, with respect to aircraft
    certification, progress is made toward, at a minimum--
                (1) eliminating certification delays and improving cycle
            times;
                (2) increasing accountability for both the FAA and the
            aviation industry;
                (3) achieving full utilization of FAA delegation and
            designation authorities, including organizational designation
            authorization;
                (4) fully implementing risk management principles and a
            systems safety approach;
                (5) reducing duplication of effort;
                (6) increasing transparency;
                (7) developing and providing training, including recurrent
            training, in auditing and a systems safety approach to
            certification oversight;
                (8) improving the process for approving or accepting
            certification actions between the FAA and bilateral partners;
                (9) maintaining and improving safety;
                (10) streamlining the hiring process for--
                        (A) qualified systems safety engineers to support
                    the FAA's efforts to implement a systems safety
                    approach; and
                        (B) qualified systems engineers to guide the
                    engineering of complex systems within the FAA; and
                (11) maintaining the leadership of the United States in
            international aviation and aerospace.

        (d) Performance Metrics.--In carrying out subsection (a), the
    Administrator shall apply and track performance metrics for the FAA and
    the regulated aviation industry established by the Advisory Committee.
        (e) Data Generation.--
                (1) Baselines.--Not later than 1 year after the date on
            which the Advisory Committee recommends initial performance

    [[Page 132 STAT. 3247]]

            metrics for the FAA and the regulated aviation industry under
            section 202, the Administrator shall generate initial data with
            respect to each of the performance metrics applied and tracked
            under this section.
                (2) Benchmarks to measure progress toward goals.--The
            Administrator shall use the metrics applied and tracked under
            this section to generate data on an ongoing basis and to measure
            progress toward the achievement of national goals recommended by
            the Advisory Committee.

        (f) Publication.--The Administrator shall make data generated using
    the performance metrics applied and tracked under this section available
    to the public in a searchable, sortable, and downloadable format through
    the internet website of the FAA or other appropriate methods and shall
    ensure that the data are made available in a manner that--
                (1) does not provide identifying information regarding an
            individual or entity; and
                (2) prevents inappropriate disclosure of proprietary
            information.
    SEC. 212. ORGANIZATION DESIGNATION AUTHORIZATIONS.

        (a) In General.--Chapter 447 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 44736. <<NOTE: 49 USC 44736.>>  Organization designation
                        authorizations

        ``(a) Delegations of Functions.--
                ``(1) In general.--Except as provided in paragraph (3), when
            overseeing an ODA holder, the Administrator of the FAA shall--
                        ``(A) require, based on an application submitted by
                    the ODA holder and approved by the Administrator (or the
                    Administrator's designee), a procedures manual that
                    addresses all procedures and limitations regarding the
                    functions to be performed by the ODA holder;
                        ``(B) delegate fully to the ODA holder each of the
                    functions to be performed as specified in the procedures
                    manual, unless the Administrator determines, after the
                    date of the delegation and as a result of an inspection
                    or other investigation, that the public interest and
                    safety of air commerce requires a limitation with
                    respect to 1 or more of the functions;
                        ``(C) conduct regular oversight activities by
                    inspecting the ODA holder's delegated functions and
                    taking action based on validated inspection findings;
                    and
                        ``(D) for each function that is limited under
                    subparagraph (B), work with the ODA holder to develop
                    the ODA holder's capability to execute that function
                    safely and effectively and return to full authority
                    status.
                ``(2) Duties of oda holders.--An ODA holder shall--
                        ``(A) perform each specified function delegated to
                    the ODA holder in accordance with the approved
                    procedures manual for the delegation;
                        ``(B) make the procedures manual available to each
                    member of the appropriate ODA unit; and
                        ``(C) cooperate fully with oversight activities
                    conducted by the Administrator in connection with the
                    delegation.

    [[Page 132 STAT. 3248]]

                ``(3) Existing oda holders.--With regard to an ODA holder
            operating under a procedures manual approved by the
            Administrator before the date of enactment of the FAA
            Reauthorization Act of 2018, the Administrator shall--
                        ``(A) at the request of the ODA holder and in an
                    expeditious manner, approve revisions to the ODA
                    holder's procedures manual;
                        ``(B) delegate fully to the ODA holder each of the
                    functions to be performed as specified in the procedures
                    manual, unless the Administrator determines, after the
                    date of the delegation and as a result of an inspection
                    or other investigation, that the public interest and
                    safety of air commerce requires a limitation with
                    respect to one or more of the functions;
                        ``(C) conduct regular oversight activities by
                    inspecting the ODA holder's delegated functions and
                    taking action based on validated inspection findings;
                    and
                        ``(D) for each function that is limited under
                    subparagraph (B), work with the ODA holder to develop
                    the ODA holder's capability to execute that function
                    safely and effectively and return to full authority
                    status.

        ``(b) ODA Office.--
                ``(1) Establishment.--Not later than 120 days after the date
            of enactment of this section, the Administrator of the FAA shall
            identify, within the FAA Office of Aviation Safety, a
            centralized policy office to be known as the Organization
            Designation Authorization Office or the ODA Office.
                ``(2) Purpose.--The purpose of the ODA Office shall be to
            provide oversight and ensure the consistency of the FAA's audit
            functions under the ODA program across the FAA.
                ``(3) Functions.--The ODA Office shall--
                        ``(A)(i) at the request of an ODA holder, eliminate
                    all limitations specified in a procedures manual in
                    place on the day before the date of enactment of the FAA
                    Reauthorization Act of 2018 that are low and medium risk
                    as determined by a risk analysis using criteria
                    established by the ODA Office and disclosed to the ODA
                    holder, except where an ODA holder's performance
                    warrants the retention of a specific limitation due to
                    documented concerns about inadequate current performance
                    in carrying out that authorized function;
                        ``(ii) require an ODA holder to establish a
                    corrective action plan to regain authority for any
                    retained limitations;
                        ``(iii) require an ODA holder to notify the ODA
                    Office when all corrective actions have been
                    accomplished; and
                        ``(iv) make a reassessment to determine if
                    subsequent performance in carrying out any retained
                    limitation warrants continued retention and, if such
                    reassessment determines performance meets objectives,
                    lift such limitation immediately;
                        ``(B) improve FAA and ODA holder performance and
                    ensure full utilization of the authorities delegated
                    under the ODA program;
                        ``(C) develop a more consistent approach to audit
                    priorities, procedures, and training under the ODA
                    program;

    [[Page 132 STAT. 3249]]

                        ``(D) review, in a timely fashion, a random sample
                    of limitations on delegated authorities under the ODA
                    program to determine if the limitations are appropriate;
                        ``(E) ensure national consistency in the
                    interpretation and application of the requirements of
                    the ODA program, including any limitations, and in the
                    performance of the ODA program; and
                        ``(F) at the request of an ODA holder, review and
                    approve new limitations to ODA functions.

        ``(c) Definitions.--In this section, the following definitions
    apply:
                ``(1) FAA.--The term `FAA' means the Federal Aviation
            Administration.
                ``(2) ODA holder.--The term `ODA holder' means an entity
            authorized to perform functions pursuant to a delegation made by
            the Administrator of the FAA under section 44702(d).
                ``(3) ODA unit.--The term ``ODA unit'' means a group of 2 or
            more individuals who perform, under the supervision of an ODA
            holder, authorized functions under an ODA.
                ``(4) Organization.--The term ``organization'' means a firm,
            partnership, corporation, company, association, joint-stock
            association, or governmental entity.
                ``(5) Organization designation authorization; oda.--The term
            `Organization Designation Authorization' or `ODA' means an
            authorization by the FAA under section 44702(d) for an
            organization composed of 1 or more ODA units to perform approved
            functions on behalf of the FAA.''.

        (b) Clerical Amendment.--The analysis for chapter 447 of title 49,
    United States Code, <<NOTE: 49 USC 44701 prec.>>  is amended by adding
    at the end the following:

    ``44736. Organization designation authorizations.''.

    SEC. 213. ODA REVIEW.

        (a) Establishment of Expert Review Panel.--
                (1) Expert panel.--Not later than 120 days after the date of
            enactment of this Act, the Administrator shall convene a
            multidisciplinary expert review panel (in this section referred
            to as the ``Panel'').
                (2) Composition of panel.--
                        (A) Appointment of members.--The Panel shall be
                    composed of not more than 20 members appointed by the
                    Administrator.
                        (B) Qualifications.--The members appointed to the
                    Panel shall--
                              (i) each have a minimum of 5 years of
                          experience in processes and procedures under the
                          ODA program; and
                              (ii) represent, at a minimum, ODA holders,
                          aviation manufacturers, safety experts, and FAA
                          labor organizations, including labor
                          representatives of FAA aviation safety inspectors
                          and aviation safety engineers.

        (b) Survey.--The Panel shall conduct a survey of ODA holders and ODA
    program applicants to document and assess FAA certification and
    oversight activities, including use of the ODA program and the
    timeliness and efficiency of the certification process. In

    [[Page 132 STAT. 3250]]

    carrying out this subsection, the Panel shall consult with appropriate
    survey experts to best design and conduct the survey.
        (c) Assessment and Recommendations.--The Panel shall assess and make
    recommendations concerning--
                (1) the FAA's processes and procedures under the ODA program
            and whether the processes and procedures function as intended;
                (2) the best practices of and lessons learned by ODA holders
            and FAA personnel who provide oversight of ODA holders;
                (3) performance incentive policies that--
                        (A) are related to the ODA program for FAA
                    personnel; and
                        (B) do not conflict with the public interest;
                (4) training activities related to the ODA program for FAA
            personnel and ODA holders;
                (5) the impact, if any, that oversight of the ODA program
            has on FAA resources and the FAA's ability to process
            applications for certifications outside of the ODA program; and
                (6) the results of the survey conducted under subsection
            (b).

        (d) Report.--Not later than 180 days after the date the Panel is
    convened under subsection (a), the Panel shall submit to the
    Administrator, the Advisory Committee, and the appropriate committees of
    Congress a report on the findings and recommendations of the Panel.
        (e) Definitions.--The definitions contained in section 44736 of
    title 49, United States Code, as added by this Act, apply to this
    section.
        (f) Applicable Law.--Public Law 92-463 shall not apply to the Panel.
        (g) Sunset.--The Panel shall terminate on the date of submission of
    the report under subsection (d), or on the date that is 1 year after the
    Panel is convened under subsection (a), whichever occurs first.
    SEC. 214. TYPE CERTIFICATION RESOLUTION PROCESS.

        (a) In General.--Section 44704(a) of title 49, United States Code,
    is amended by adding at the end the following:
                ``(6) Type certification resolution process.--
                        ``(A) In general.--Not later than 15 months after
                    the date of enactment of the FAA Reauthorization Act of
                    2018, the Administrator shall establish an effective,
                    timely, and milestone-based issue resolution process for
                    type certification activities under this subsection.
                        ``(B) Process requirements.--The resolution process
                    shall provide for--
                              ``(i) resolution of technical issues at pre-
                          established stages of the certification process,
                          as agreed to by the Administrator and the type
                          certificate applicant;
                              ``(ii) automatic elevation to appropriate
                          management personnel of the Federal Aviation
                          Administration and the type certificate applicant
                          of any major certification process milestone that
                          is not completed or resolved within a specific
                          period of time agreed to by the Administrator and
                          the type certificate applicant; and

    [[Page 132 STAT. 3251]]

                              ``(iii) resolution of a major certification
                          process milestone elevated pursuant to clause (ii)
                          within a specific period of time agreed to by the
                          Administrator and the type certificate applicant.
                        ``(C) Major certification process milestone
                    defined.--In this paragraph, the term `major
                    certification process milestone' means a milestone
                    related to a type certification basis, type
                    certification plan, type inspection authorization, issue
                    paper, or other major type certification activity agreed
                    to by the Administrator and the type certificate
                    applicant.''.

        (b) Technical Amendment.--Section 44704 of title 49, United States
    Code, is amended in the section heading by striking ``airworthiness
    certificates,,'' and inserting ``airworthiness certificates,''.
    SEC. 215. REVIEW OF CERTIFICATION PROCESS FOR SMALL GENERAL
                            AVIATION AIRPLANES.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Comptroller General of the United States shall initiate
    a review of the Federal Aviation Administration's implementation of the
    final rule titled ``Revision of Airworthiness Standards for Normal,
    Utility, Acrobatic, and Commuter Category Airplanes'' (81 Fed. Reg.
    96572).
        (b) Considerations.--In carrying out the review, the Comptroller
    General shall assess--
                (1) how the rule puts into practice the Administration's
            efforts to implement performance and risk-based safety
            standards;
                (2) the extent to which the rule has resulted in the
            implementation of a streamlined regulatory regime to improve
            safety, reduce regulatory burden, and decrease costs;
                (3) whether the rule and its implementation have spurred
            innovation and technological adoption;
                (4) how consensus standards accepted by the FAA facilitate
            the development of new safety equipment and aircraft
            capabilities; and
                (5) whether lessons learned from the rule and its
            implementation have resulted in best practices that could be
            applied to airworthiness standards for other categories of
            aircraft.

        (c) Report.--Not later than 180 days after the date of initiation of
    the review, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the results of the review, including
    findings and recommendations.
    SEC. 216. ODA STAFFING AND OVERSIGHT.

        (a) Report to Congress.--Not later than 270 days after the date of
    enactment of this Act, the Administrator shall submit to the appropriate
    committees of Congress a report on the Administration's progress with
    respect to--
                (1) determining what additional model inputs and labor
            distribution codes are needed to identify ODA oversight staffing
            needs;
                (2) developing and implementing system-based evaluation
            criteria and risk-based tools to aid ODA team members in
            targeting their oversight activities;

    [[Page 132 STAT. 3252]]

                (3) developing agreements and processes for sharing
            resources to ensure adequate oversight of ODA personnel
            performing certification and inspection work at supplier and
            company facilities; and
                (4) ensuring full utilization of ODA authority.

        (b) ODA Defined.--In this section, the term ``ODA'' has the meaning
    given that term in section 44736 of title 49, United States Code, as
    added by this Act.

                       Subtitle C--Flight Standards Reform

    SEC. 221. <<NOTE: 49 USC 44701 note.>>  FLIGHT STANDARDS
                            PERFORMANCE OBJECTIVES AND METRICS.

        (a) In General.--Not later than 120 days after the date on which the
    Advisory Committee is established under section 202, the Administrator
    shall establish performance objectives and apply and track performance
    metrics for the FAA and the aviation industry relating to flight
    standards activities in accordance with this section.
        (b) Collaboration.--The Administrator shall carry out this section
    in collaboration with the Advisory Committee, and update agency
    performance objectives and metrics after considering the recommendations
    of the Advisory Committee under paragraphs (8) and (9) of section
    202(c).
        (c) Performance Objectives.--In carrying out subsection (a), the
    Administrator shall establish performance objectives for the FAA and the
    aviation industry to ensure that, with respect to flight standards
    activities, progress is made toward, at a minimum--
                (1) eliminating delays with respect to such activities;
                (2) increasing accountability for both the FAA and the
            aviation industry;
                (3) achieving full utilization of FAA delegation and
            designation authorities, including organizational designation
            authority;
                (4) fully implementing risk management principles and a
            systems safety approach;
                (5) reducing duplication of effort;
                (6) eliminating inconsistent regulatory interpretations and
            inconsistent enforcement activities;
                (7) improving and providing greater opportunities for
            training, including recurrent training, in auditing and a
            systems safety approach to oversight;
                (8) developing and allowing utilization of a single master
            source for guidance;
                (9) providing and utilizing a streamlined appeal process for
            the resolution of regulatory interpretation questions;
                (10) maintaining and improving safety; and
                (11) increasing transparency.

        (d) Performance Metrics.--In carrying out subsection (a), the
    Administrator shall apply and track performance metrics for the FAA and
    the regulated aviation industry established by the Advisory Committee.
        (e) Data Generation.--
                (1) Baselines.--Not later than 1 year after the date on
            which the Advisory Committee recommends initial performance
            metrics for the FAA and the regulated aviation industry under

    [[Page 132 STAT. 3253]]

            section 202, the Administrator shall generate initial data with
            respect to each of the performance metrics applied and tracked
            under this section.
                (2) Benchmarks to measure progress toward goals.--The
            Administrator shall use the metrics applied and tracked under
            this section to generate data on an ongoing basis and to measure
            progress toward the achievement of national goals recommended by
            the Advisory Committee.

        (f) Publication.--The Administrator shall make data generated using
    the performance metrics applied and tracked under this section available
    to the public in a searchable, sortable, and downloadable format through
    the internet website of the FAA or other appropriate methods and shall
    ensure that the data are made available in a manner that--
                (1) does not provide identifying information regarding an
            individual or entity; and
                (2) prevents inappropriate disclosure of proprietary
            information.
    SEC. 222. FAA TASK FORCE ON FLIGHT STANDARDS REFORM.

        (a) Establishment.--Not later than 90 days after the date of
    enactment of this Act, the Administrator shall establish the FAA Task
    Force on Flight Standards Reform (in this section referred to as the
    ``Task Force'').
        (b) Membership.--
                (1) Appointment.--The membership of the Task Force shall be
            appointed by the Administrator.
                (2) Number.--The Task Force shall be composed of not more
            than 20 members.
                (3) Representation requirements.--The membership of the Task
            Force shall include representatives, with knowledge of flight
            standards regulatory processes and requirements, of--
                        (A) air carriers;
                        (B) general aviation;
                        (C) business aviation;
                        (D) repair stations;
                        (E) unmanned aircraft systems operators;
                        (F) flight schools;
                        (G) labor unions, including those representing FAA
                    aviation safety inspectors and those representing FAA
                    aviation safety engineers;
                        (H) aviation and aerospace manufacturers; and
                        (I) aviation safety experts.

        (c) Duties.--The duties of the Task Force shall include, at a
    minimum, identifying best practices and providing recommendations, for
    current and anticipated budgetary environments, with respect to--
                (1) simplifying and streamlining flight standards regulatory
            processes, including issuance and oversight of certificates;
                (2) reorganizing Flight Standards Services to establish an
            entity organized by function rather than geographic region, if
            appropriate;
                (3) FAA aviation safety inspector training opportunities;
                (4) ensuring adequate and timely provision of Flight
            Standards activities and responses necessary for type
            certification, operational evaluation, and entry into service of
            newly manufactured aircraft;

    [[Page 132 STAT. 3254]]

                (5) FAA aviation safety inspector standards and performance;
            and
                (6) achieving, across the FAA, consistent--
                        (A) regulatory interpretations; and
                        (B) application of oversight activities.

        (d) Report.--Not later than 1 year after the date of the
    establishment of the Task Force, the Task Force shall submit to the
    appropriate committees of Congress a report detailing--
                (1) the best practices identified and recommendations
            provided by the Task Force under subsection (c); and
                (2) any recommendations of the Task Force for additional
            regulatory, policy, or cost-effective legislative action to
            improve the efficiency of agency activities.

        (e) Applicable Law.--Public Law 92-463 shall not apply to the Task
    Force.
        (f) Sunset.--The Task Force shall terminate on the earlier of--
                (1) the date on which the Task Force submits the report
            required under subsection (d); or
                (2) the date that is 18 months after the date on which the
            Task Force is established under subsection (a).
    SEC. 223. <<NOTE: 49 USC 44701 note.>>  CENTRALIZED SAFETY
                            GUIDANCE DATABASE.

        (a) Establishment.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall establish a centralized
    safety guidance database that will--
                (1) encompass all of the regulatory guidance documents of
            the FAA Office of Aviation Safety;
                (2) contain, for each such guidance document, a link to the
            Code of Federal Regulations provision to which the document
            relates; and
                (3) be publicly available in a manner that--
                        (A) protects from disclosure identifying information
                    regarding an individual or entity; and
                        (B) prevents inappropriate disclosure proprietary
                    information.

        (b) Data Entry Timing.--
                (1) Existing documents.--Not later than 14 months after the
            date of enactment of this Act, the Administrator shall begin
            entering into the database established under subsection (a) all
            of the regulatory guidance documents of the Office of Aviation
            Safety that are in effect and were issued before the date on
            which the Administrator begins such entry process.
                (2) New documents and changes.--On and after the date on
            which the Administrator begins the document entry process under
            paragraph (1), the Administrator shall ensure that all new
            regulatory guidance documents of the Office of Aviation Safety
            and any changes to existing documents are included in the
            database established under subsection (a) as such documents or
            changes to existing documents are issued.

        (c) Consultation Requirement.--In establishing the database under
    subsection (a), the Administrator shall consult and collaborate with
    appropriate stakeholders, including labor organizations (including those
    representing aviation workers, FAA aviation safety engineers and FAA
    aviation safety inspectors) and aviation industry stakeholders.

    [[Page 132 STAT. 3255]]

        (d) Regulatory Guidance Documents Defined.--In this section, the
    term ``regulatory guidance documents'' means all forms of written
    information issued by the FAA that an individual or entity may use to
    interpret or apply FAA regulations and requirements, including
    information an individual or entity may use to determine acceptable
    means of compliance with such regulations and requirements, such as an
    order, manual, circular, policy statement, legal interpretation
    memorandum, or rulemaking document.
    SEC. 224. <<NOTE: 49 USC 44701 note.>>  REGULATORY CONSISTENCY
                            COMMUNICATIONS BOARD.

        (a) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Administrator shall establish a Regulatory
    Consistency Communications Board (in this section referred to as the
    ``Board'').
        (b) Consultation Requirement.--In establishing the Board, the
    Administrator shall consult and collaborate with appropriate
    stakeholders, including FAA labor organizations (including labor
    organizations representing FAA aviation safety inspectors) and industry
    stakeholders.
        (c) Membership.--The Board shall be composed of FAA representatives,
    appointed by the Administrator, from--
                (1) the Flight Standards Service;
                (2) the Aircraft Certification Service; and
                (3) the Office of the Chief Counsel.

        (d) Functions.--The Board shall carry out the following functions:
                (1) Establish, at a minimum, processes by which--
                        (A) FAA personnel and persons regulated by the FAA
                    may submit anonymous regulatory interpretation questions
                    without fear of retaliation;
                        (B) FAA personnel may submit written questions, and
                    receive written responses, as to whether a previous
                    approval or regulatory interpretation issued by FAA
                    personnel in another office or region is correct or
                    incorrect; and
                        (C) any other person may submit written anonymous
                    regulatory interpretation questions.
                (2) Meet on a regular basis to discuss and resolve questions
            submitted pursuant to paragraph (1) and the appropriate
            application of regulations and policy with respect to each
            question.
                (3) Provide to a person that submitted a question pursuant
            to subparagraph (A) or (B) of paragraph (1) a timely written
            response to the question.
                (4) Establish a process to make resolutions of common
            regulatory interpretation questions publicly available to FAA
            personnel, persons regulated by the FAA, and the public without
            revealing any identifying data of the person that submitted the
            question and in a manner that protects any proprietary
            information.
                (5) Ensure the incorporation of resolutions of questions
            submitted pursuant to paragraph (1) into regulatory guidance
            documents, as such term is defined in section 223(d).

        (e) Performance Metrics, Timelines, and Goals.--Not later than 180
    days after the date on which the Advisory Committee recommends
    performance objectives and performance metrics for the FAA and the
    regulated aviation industry under section 202,

    [[Page 132 STAT. 3256]]

    the Administrator, in collaboration with the Advisory Committee, shall--
                (1) establish performance metrics, timelines, and goals to
            measure the progress of the Board in resolving regulatory
            interpretation questions submitted pursuant to subsection
            (d)(1); and
                (2) implement a process for tracking the progress of the
            Board in meeting the performance metrics, timelines, and goals
            established under paragraph (1).

                          Subtitle D--Safety Workforce

    SEC. 231. SAFETY WORKFORCE TRAINING STRATEGY.

        (a) Safety Workforce Training Strategy.--Not later than 60 days
    after the date of enactment of this Act, the Administrator shall review
    and revise its safety workforce training strategy to ensure that such
    strategy--
                (1) aligns with an effective risk-based approach to safety
            oversight;
                (2) best uses available resources;
                (3) allows FAA employees participating in organization
            management teams or conducting ODA program audits to complete,
            in a timely fashion, appropriate training, including recurrent
            training, in auditing and a systems safety approach to
            oversight;
                (4) seeks knowledge-sharing opportunities between the FAA
            and the aviation industry in new technologies, equipment and
            systems, best practices, and other areas of interest related to
            safety oversight;
                (5) functions within the current and anticipated budgetary
            environments;
                (6) fosters an inspector and engineer workforce that has the
            skills and training necessary to improve risk-based approaches
            that focus on requirements management and auditing skills; and
                (7) includes, as appropriate, milestones and metrics for
            meeting the requirements of paragraphs (1) through (5).

        (b) Report.--Not later than 270 days after the date of the revision
    of the strategy required under subsection (a), the Administrator shall
    submit to the appropriate committees of Congress a report on the
    implementation of the strategy and progress in meeting any milestones
    and metrics included in the strategy.
        (c) Definitions.--In this section, the following definitions apply:
                (1) ODA; oda holder.--The terms ``ODA'' and ``ODA holder''
            have the meanings given those terms in section 44736 of title
            49, United States Code, as added by this Act.
                (2) ODA program.--The term ``ODA program'' means the program
            to standardize FAA management and oversight of the organizations
            that are approved to perform certain functions on behalf of the
            Administration under section 44702(d) of title 49, United States
            Code.
                (3) Organization management team.--The term ``organization
            management team'' means a team consisting of FAA aviation safety
            engineers, flight test pilots, and aviation

    [[Page 132 STAT. 3257]]

            safety inspectors overseeing an ODA holder and its certification
            activity.
    SEC. 232. WORKFORCE REVIEW.

        (a) Workforce Review.--Not later than 90 days after the date of
    enactment of this Act, the Comptroller General of the United States
    shall conduct a review to assess the workforce and training needs of the
    FAA Office of Aviation Safety in the anticipated budgetary environment.
        (b) Contents.--The review required under subsection (a) shall
    include--
                (1) a review of current aviation safety inspector and
            aviation safety engineer hiring, training, and recurrent
            training requirements;
                (2) an analysis of the skills and qualifications required of
            aviation safety inspectors and aviation safety engineers for
            successful performance in the current and future projected
            aviation safety regulatory environment, including the need for a
            systems engineering discipline within the FAA to guide the
            engineering of complex systems, with an emphasis on auditing
            designated authorities;
                (3) a review of current performance incentive policies of
            the FAA, as applied to the Office of Aviation Safety, including
            awards for performance;
                (4) an analysis of ways the FAA can work with industry and
            labor, including labor groups representing FAA aviation safety
            inspectors and aviation safety engineers, to establish
            knowledge-sharing opportunities between the FAA and the aviation
            industry regarding new equipment and systems, best practices,
            and other areas of interest; and
                (5) recommendations on the most effective qualifications,
            training programs (including e-learning training), and
            performance incentive approaches to address the needs of the
            future projected aviation safety regulatory system in the
            anticipated budgetary environment.

        (c) Report.--Not later than 270 days after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the results of the review required
    under subsection (a).

                       Subtitle E--International Aviation

    SEC. 241. PROMOTION OF UNITED STATES AEROSPACE STANDARDS,
                            PRODUCTS, AND SERVICES ABROAD.

        Section 40104 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(d) Promotion of United States Aerospace Standards, Products, and
    Services Abroad.--The Secretary shall take appropriate actions to--
                ``(1) promote United States aerospace-related safety
            standards abroad;
                ``(2) facilitate and vigorously defend approvals of United
            States aerospace products and services abroad;
                ``(3) with respect to bilateral partners, utilize bilateral
            safety agreements and other mechanisms to improve validation of
            United States certificated aeronautical products, services,

    [[Page 132 STAT. 3258]]

            and appliances and enhance mutual acceptance in order to
            eliminate redundancies and unnecessary costs; and
                ``(4) with respect to the aeronautical safety authorities of
            a foreign country, streamline validation and coordination
            processes.''.
    SEC. 242. BILATERAL EXCHANGES OF SAFETY OVERSIGHT
                            RESPONSIBILITIES.

        Section 44701(e) of title 49, United States Code, is amended by
    adding at the end the following:
                ``(5) Foreign airworthiness directives.--
                        ``(A) Acceptance.--Subject to subparagraph (D), the
                    Administrator may accept an airworthiness directive, as
                    defined in section 39.3 of title 14, Code of Federal
                    Regulations, issued by an aeronautical safety authority
                    of a foreign country, and leverage that authority's
                    regulatory process, if--
                              ``(i) the country is the state of design for
                          the product that is the subject of the
                          airworthiness directive;
                              ``(ii) the United States has a bilateral
                          safety agreement relating to aircraft
                          certification with the country;
                              ``(iii) as part of the bilateral safety
                          agreement with the country, the Administrator has
                          determined that such aeronautical safety authority
                          has an aircraft certification system relating to
                          safety that produces a level of safety equivalent
                          to the level produced by the system of the Federal
                          Aviation Administration;
                              ``(iv) the aeronautical safety authority of
                          the country utilizes an open and transparent
                          notice and comment process in the issuance of
                          airworthiness directives; and
                              ``(v) the airworthiness directive is necessary
                          to provide for the safe operation of the aircraft
                          subject to the directive.
                        ``(B) Alternative approval process.--Notwithstanding
                    subparagraph (A), the Administrator may issue a Federal
                    Aviation Administration airworthiness directive instead
                    of accepting an airworthiness directive otherwise
                    eligible for acceptance under such subparagraph, if the
                    Administrator determines that such issuance is necessary
                    for safety or operational reasons due to the complexity
                    or unique features of the Federal Aviation
                    Administration airworthiness directive or the United
                    States aviation system.
                        ``(C) Alternative means of compliance.--The
                    Administrator may--
                              ``(i) accept an alternative means of
                          compliance, with respect to an airworthiness
                          directive accepted under subparagraph (A), that
                          was approved by the aeronautical safety authority
                          of the foreign country that issued the
                          airworthiness directive; or
                              ``(ii) notwithstanding subparagraph (A), and
                          at the request of any person affected by an
                          airworthiness directive accepted under such
                          subparagraph, approve an alternative means of
                          compliance with respect to the airworthiness
                          directive.

    [[Page 132 STAT. 3259]]

                        ``(D) Limitation.--The Administrator may not accept
                    an airworthiness directive issued by an aeronautical
                    safety authority of a foreign country if the
                    airworthiness directive addresses matters other than
                    those involving the safe operation of an aircraft.''.
    SEC. <<NOTE: 49 USC 44701 note.>>  243. FAA LEADERSHIP ABROAD.

        (a) In General.--To promote United States aerospace safety
    standards, reduce redundant regulatory activity, and facilitate
    acceptance of FAA design and production approvals abroad, the
    Administrator shall--
                (1) attain greater expertise in issues related to dispute
            resolution, intellectual property, and export control laws to
            better support FAA certification and other aerospace regulatory
            activities abroad;
                (2) work with United States companies to more accurately
            track the amount of time it takes foreign authorities, including
            bilateral partners, to validate United States certificated
            aeronautical products;
                (3) provide assistance to United States companies that have
            experienced significantly long foreign validation wait times;
                (4) work with foreign authorities, including bilateral
            partners, to collect and analyze data to determine the
            timeliness of the acceptance and validation of FAA design and
            production approvals by foreign authorities and the acceptance
            and validation of foreign-certified products by the FAA;
                (5) establish appropriate benchmarks and metrics to measure
            the success of bilateral aviation safety agreements and to
            reduce the validation time for United States certificated
            aeronautical products abroad; and
                (6) work with foreign authorities, including bilateral
            partners, to improve the timeliness of the acceptance and
            validation of FAA design and production approvals by foreign
            authorities and the acceptance and validation of foreign-
            certified products by the FAA.

        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report that--
                (1) describes the FAA's strategic plan for international
            engagement;
                (2) describes the structure and responsibilities of all FAA
            offices that have international responsibilities, including the
            Aircraft Certification Office, and all the activities conducted
            by those offices related to certification and production;
                (3) describes current and forecasted staffing and travel
            needs for the FAA's international engagement activities,
            including the needs of the Aircraft Certification Office in the
            current and forecasted budgetary environment;
                (4) provides recommendations, if appropriate, to improve the
            existing structure and personnel and travel policies supporting
            the FAA's international engagement activities, including the
            activities of the Aviation Certification Office, to better
            support the growth of United States aerospace exports; and
                (5) identifies cost-effective policy initiatives, regulatory
            initiatives, or legislative initiatives needed to improve and
            enhance

    [[Page 132 STAT. 3260]]

            the timely acceptance of United States aerospace products
            abroad.

        (c) International Travel.--The Administrator, or the Administrator's
    designee, may authorize international travel for any FAA employee,
    without the approval of any other person or entity, if the Administrator
    determines that the travel is necessary--
                (1) to promote United States aerospace safety standards; or
                (2) to support expedited acceptance of FAA design and
            production approvals.
    SEC. 244. REGISTRATION, CERTIFICATION, AND RELATED FEES.

        Section 45305 of title 49, United States Code, is amended--
                (1) in subsection (a) by striking ``Subject to subsection
            (b)'' and inserting ``Subject to subsection (c)'';
                (2) by redesignating subsections (b) and (c) as subsections
            (c) and (d), respectively; and
                (3) by inserting after subsection (a) the following:

        ``(b) Certification Services.--Subject to subsection (c), and
    notwithstanding section 45301(a), the Administrator may establish and
    collect a fee from a foreign government or entity for services related
    to certification, regardless of where the services are provided, if the
    fee--
                ``(1) is established and collected in a manner consistent
            with aviation safety agreements; and
                ``(2) does not exceed the estimated costs of the
            services.''.

                                TITLE III--SAFETY

                         Subtitle A--General Provisions

    SEC. 301. <<NOTE: 49 USC 44701 note.>>  DEFINITIONS.

        In this title, the following definitions apply:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the FAA.
                (2) FAA.--The term ``FAA'' means the Federal Aviation
            Administration.
    SEC. <<NOTE: 49 USC 44701 note.>>  302. FAA TECHNICAL TRAINING.

        (a) E-learning Training Pilot Program.--Not later than 90 days after
    the date of enactment of this Act, the Administrator, in collaboration
    with the exclusive bargaining representatives of covered FAA personnel,
    shall establish an e-learning training pilot program in accordance with
    the requirements of this section.
        (b) Curriculum.--The pilot program shall--
                (1) include a recurrent training curriculum for covered FAA
            personnel to ensure that the covered FAA personnel receive
            instruction on the latest aviation technologies, processes, and
            procedures;
                (2) focus on providing specialized technical training for
            covered FAA personnel, as determined necessary by the
            Administrator;
                (3) include training courses on applicable regulations of
            the Federal Aviation Administration; and
                (4) consider the efficacy of instructor-led online training.

    [[Page 132 STAT. 3261]]

        (c) Pilot Program Termination.--The pilot program shall terminate 1
    year after the date of establishment of the pilot program.
        (d) E-learning Training Program.--Upon termination of the pilot
    program, the Administrator shall assess and establish or update an e-
    learning training program that incorporates lessons learned for covered
    FAA personnel as a result of the pilot program.
        (e) Definitions.--In this section, the following definitions apply:
                (1) Covered faa personnel.--The term ``covered FAA
            personnel'' means airway transportation systems specialists and
            aviation safety inspectors of the Federal Aviation
            Administration.
                (2) E-learning training.--The term ``e-learning training''
            means learning utilizing electronic technologies to access
            educational curriculum outside of a traditional classroom.
    SEC. 303. <<NOTE: 49 USC 44701 note.>>  SAFETY CRITICAL STAFFING.

        (a) Update of FAA's Safety Critical Staffing Model.--Not later than
    270 days after the date of enactment of this Act, the Administrator
    shall update the safety critical staffing model of the Administration to
    determine the number of aviation safety inspectors that will be needed
    to fulfill the safety oversight mission of the Administration.
        (b) Audit by DOT Inspector General.--
                (1) In general.--Not later than 90 days after the date on
            which the Administrator has updated the safety critical staffing
            model under subsection (a), the Inspector General of the
            Department of Transportation shall conduct an audit of the
            staffing model.
                (2) Contents.--The audit shall include, at a minimum--
                        (A) a review of the assumptions and methodologies
                    used in devising and implementing the staffing model to
                    assess the adequacy of the staffing model in predicting
                    the number of aviation safety inspectors needed--
                              (i) to properly fulfill the mission of the
                          Administration; and
                              (ii) to meet the future growth of the aviation
                          industry; and
                        (B) a determination on whether the staffing model
                    takes into account the Administration's authority to
                    fully utilize designees.
                (3) Report on audit.--
                        (A) Report to secretary.--Not later than 30 days
                    after the date of completion of the audit, the Inspector
                    General shall submit to the Secretary a report on the
                    results of the audit.
                        (B) Report to congress.--Not later than 60 days
                    after the date of receipt of the report, the Secretary
                    shall submit to the appropriate committees of Congress a
                    copy of the report, together with, if appropriate, a
                    description of any actions taken or to be taken to
                    address the results of the audit.
    SEC. 304. <<NOTE: 49 USC 40104 note.>>  INTERNATIONAL EFFORTS
                            REGARDING TRACKING OF CIVIL AIRCRAFT.

        The Administrator shall exercise leadership on creating a global
    approach to improving aircraft tracking by working with--

    [[Page 132 STAT. 3262]]

                (1) foreign counterparts of the Administrator in the
            International Civil Aviation Organization and its subsidiary
            organizations;
                (2) other international organizations and fora; and
                (3) the private sector.
    SEC. 305. AIRCRAFT DATA ACCESS AND RETRIEVAL SYSTEMS.

        (a) Assessment.--Not later than 90 days after the date of enactment
    of this Act, the Administrator shall initiate an assessment of aircraft
    data access and retrieval systems for part 121 air carrier aircraft that
    are used in extended overwater operations to--
                (1) determine if the systems provide improved access and
            retrieval of aircraft data and cockpit voice recordings in the
            event of an aircraft accident; and
                (2) assess the cost effectiveness of each system assessed.

        (b) Systems To Be Examined.--The systems to be examined under this
    section shall include, at a minimum--
                (1) various methods for improving detection and retrieval of
            flight data, including--
                        (A) low-frequency underwater locating devices; and
                        (B) extended battery life for underwater locating
                    devices;
                (2) automatic deployable flight recorders;
                (3) emergency locator transmitters;
                (4) triggered transmission of flight data and other
            satellite-based solutions;
                (5) distress-mode tracking; and
                (6) protections against disabling flight recorder systems.

        (c) Report.--Not later than 1 year after the date of initiation of
    the assessment, the Administrator shall submit to the appropriate
    committees of Congress a report on the results of the assessment.
        (d) Part 121 Air Carrier Defined.--In this section, the term ``part
    121 air carrier'' means an air carrier with authority to conduct
    operations under part 121 of title 14, Code of Federal Regulations.
    SEC. 306. ADVANCED COCKPIT DISPLAYS.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall initiate a review of heads-up
    display systems, heads-down display systems employing synthetic vision
    systems, and enhanced vision systems (in this section referred to as
    ``HUD systems'', ``SVS'', and ``EVS'', respectively).
        (b) Contents.--The review shall--
                (1) evaluate the impacts of single- and dual-installed HUD
            systems, SVS, and EVS on the safety and efficiency of aircraft
            operations within the national airspace system; and
                (2) review a sufficient quantity of commercial aviation
            accidents or incidents in order to evaluate if HUD systems, SVS,
            or EVS would have produced a better outcome in each accident or
            incident.

        (c) Consultation.--In conducting the review, the Administrator shall
    consult with aviation manufacturers, representatives of pilot groups,
    aviation safety organizations, and any government agencies the
    Administrator considers appropriate.
        (d) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report containing the results of the review,

    [[Page 132 STAT. 3263]]

    the actions the Administrator plans to take with respect to the systems
    reviewed, and the associated timeline for such actions.
    SEC. 307. <<NOTE: 49 USC 44701 note.>>  EMERGENCY MEDICAL
                            EQUIPMENT ON PASSENGER AIRCRAFT.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator shall evaluate and revise, as
    appropriate, regulations in part 121 of title 14, Code of Federal
    Regulations, regarding emergency medical equipment, including the
    contents of first-aid kits, applicable to all certificate holders
    operating passenger aircraft under that part.
        (b) Consideration.--In carrying out subsection (a), the
    Administrator shall consider whether the minimum contents of approved
    emergency medical kits, including approved first-aid kits, include
    appropriate medications and equipment to meet the emergency medical
    needs of children and pregnant women.
    SEC. 308. <<NOTE: 49 USC 44701 note.>>  FAA AND NTSB REVIEW OF
                            GENERAL AVIATION SAFETY.

        (a) Study Required.--Not later than 30 days after the date of
    enactment of this Act, the Administrator, in coordination with the
    Chairman of the National Transportation Safety Board, shall initiate a
    study of general aviation safety.
        (b) Study Contents.--The study required under subsection (a) shall
    include--
                (1) a review of all general aviation accidents since 2000,
            including a review of--
                        (A) the number of such accidents;
                        (B) the number of injuries and fatalities, including
                    with respect to both occupants of aircraft and
                    individuals on the ground, as a result of such
                    accidents;
                        (C) the number of such accidents investigated by the
                    National Transportation Safety Board;
                        (D) the number of such accidents investigated by the
                    FAA; and
                        (E) a summary of the factual findings and probable
                    cause determinations with respect to such accidents;
                (2) an assessment of the most common probable cause
            determinations issued for general aviation accidents since 2000;
                (3) an assessment of the most common facts analyzed by the
            FAA and the National Transportation Safety Board in the course
            of investigations of general aviation accidents since 2000,
            including operational details;
                (4) a review of the safety recommendations of the National
            Transportation Safety Board related to general aviation
            accidents since 2000;
                (5) an assessment of the responses of the FAA and the
            general aviation community to the safety recommendations of the
            National Transportation Safety Board related to general aviation
            accidents since 2000;
                (6) an assessment of the most common general aviation safety
            issues;
                (7) a review of the total costs to the Federal Government to
            conduct investigations of general aviation accidents over the
            last 10 years; and
                (8) other matters the Administrator or the Chairman
            considers appropriate.

        (c) Recommendations and Actions To Address General Aviation
    Safety.--Based on the results of the study required under

    [[Page 132 STAT. 3264]]

    subsection (a), the Administrator, in consultation with the Chairman,
    shall make such recommendations, including with respect to regulations
    and enforcement activities, as the Administrator considers necessary
    to--
                (1) address general aviation safety issues identified under
            the study;
                (2) protect persons and property on the ground; and
                (3) improve the safety of general aviation operators in the
            United States.

        (d) Authority.--Notwithstanding any other provision of law, the
    Administrator shall have the authority to undertake actions to address
    the recommendations made under subsection (c).
        (e) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report on the results of the study required under
    subsection (a), including the recommendations described in subsection
    (c).
        (f) General Aviation Defined.--In this section, the term ``general
    aviation'' means aircraft operation for personal, recreational, or other
    noncommercial purposes.
    SEC. 309. CALL TO ACTION AIRLINE ENGINE SAFETY REVIEW.

        (a) Call to Action Airline Engine Safety Review.--Not later than 90
    days after the date of enactment of this Act, the Administrator shall
    initiate a Call to Action safety review on airline engine safety in
    order to bring stakeholders together to share best practices and
    implement actions to address airline engine safety.
        (b) Contents.--The Call to Action safety review required pursuant to
    subsection (a) shall include--
                (1) a review of Administration regulations, guidance, and
            directives related to airline engines during design and
            production, including the oversight of those processes;
                (2) a review of Administration regulations, guidance, and
            directives related to airline engine operation and maintenance
            and the oversight of those processes;
                (3) a review of reportable accidents and incidents involving
            airline engines during calendar years 2014 through 2018,
            including any identified contributing factors to the reportable
            accident or incident; and
                (4) a process for stakeholders, including inspectors,
            manufacturers, maintenance providers, airlines, labor, and
            aviation safety experts, to provide feedback and share best
            practices.

        (c) Report and Recommendations.--Not later than 90 days after the
    conclusion of the Call to Action safety review pursuant to subsection
    (a), the Administrator shall submit to the appropriate committees of
    Congress a report on the results of the review and any recommendations
    for actions or best practices to improve airline engine safety.
    SEC. 310. SENSE OF CONGRESS ON ACCESS TO AIR CARRIER FLIGHT DECKS.

        It is the sense of Congress that the Administrator should
    collaborate with other aviation authorities to advance a global standard
    for access to air carrier flight decks and redundancy requirements
    consistent with the flight deck access and redundancy requirements in
    the United States.

    [[Page 132 STAT. 3265]]

    SEC. 311. PART 135 ACCIDENT AND INCIDENT DATA.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator shall--
                (1) determine, in collaboration with the National
            Transportation Safety Board and part 135 industry stakeholders,
            what, if any, additional data should be reported as part of an
            accident or incident notice--
                        (A) to more accurately measure the safety of on-
                    demand part 135 aircraft activity;
                        (B) to pinpoint safety problems; and
                        (C) to form the basis for critical research and
                    analysis of general aviation issues; and
                (2) provide a briefing to the appropriate committees of
            Congress on the findings under paragraph (1), including a
            description of any additional data to be collected, a timeframe
            for implementing the additional data collection, and any
            potential obstacles to implementation.

        (b) Definition of Part 135.--In this section, the term ``part 135''
    means part 135 of title 14, Code of Federal Regulations.
    SEC. 312. SENSE OF CONGRESS; PILOT IN COMMAND AUTHORITY.

        It is the sense of Congress that the pilot in command of an aircraft
    is directly responsible for, and is the final authority as to, the
    operation of that aircraft, as set forth in section 91.3(a) of title 14,
    Code of Federal Regulations (or any successor regulation thereto).
    SEC. 313. REPORT ON CONSPICUITY NEEDS FOR SURFACE VEHICLES
                            OPERATING ON THE AIRSIDE OF AIR CARRIER
                            SERVED AIRPORTS.

        (a) Study Required.--The Administrator shall carry out a study on
    the need for the FAA to prescribe conspicuity standards for surface
    vehicles operating on the airside of the categories of airports that air
    carriers serve as specified in subsection (b).
        (b) Covered Airports.--The study required by subsection (a) shall
    cover, at a minimum, 1 large hub airport, 1 medium hub airport, and 1
    small hub airport, as those terms are defined in section 40102 of title
    49, United States Code.
        (c) Report to Congress.--Not later than July 1, 2019, the
    Administrator shall submit to the appropriate committees of Congress a
    report setting forth the results of the study required by subsection
    (a), including such recommendations as the Administrator considers
    appropriate regarding the need for the Administration to prescribe
    conspicuity standards as described in subsection (a).
    SEC. 314. HELICOPTER AIR AMBULANCE OPERATIONS DATA AND REPORTS.

        (a) <<NOTE: 49 USC 44731 note.>>  In General.--Not later than 1 year
    after the date of enactment of this Act, the Administrator, in
    collaboration with helicopter air ambulance industry stakeholders, shall
    assess the availability of information to the general public related to
    the location of heliports and helipads used by helicopters providing air
    ambulance services, including helipads and helipads outside of those
    listed as part of any existing databases of Airport Master Record (5010)
    forms.

        (b) <<NOTE: 49 USC 44731 note.>>  Requirements.--Based on the
    assessment under subsection (a), the Administrator shall--

    [[Page 132 STAT. 3266]]

                (1) update, as necessary, any existing guidance on what
            information is included in the current databases of Airport
            Master Record (5010) forms to include information related to
            heliports and helipads used by helicopters providing air
            ambulance services; or
                (2) develop, as appropriate and in collaboration with
            helicopter air ambulance industry stakeholders, a new database
            of heliports and helipads used by helicopters providing air
            ambulance services.

        (c) <<NOTE: 49 USC 44731 note.>>  Reports.--
                (1) Assessment report.--Not later than 30 days after the
            date the assessment under subsection (a) is complete, the
            Administrator shall submit to the appropriate committees of
            Congress a report on the assessment, including any
            recommendations on how to make information related to the
            location of heliports and helipads used by helicopters providing
            air ambulance services available to the general public.
                (2) Implementation report.--Not later than 30 days after
            completing action under paragraph (1) or paragraph (2) of
            subsection (b), the Administrator shall submit to the
            appropriate committees of Congress a report on such action.

        (d) Incident and Accident Data.--Section 44731 of title 49, United
    States Code, is amended--
                (1) in subsection (a)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``not later than 1 year after the date of
                    enactment of this section, and annually thereafter'' and
                    inserting ``annually'';
                        (B) in paragraph (2), by striking ``flights and
                    hours flown, by registration number, during which
                    helicopters operated by the certificate holder were
                    providing helicopter air ambulance services'' and
                    inserting ``hours flown by the helicopters operated by
                    the certificate holder'';
                        (C) in paragraph (3)--
                              (i) by striking ``of flight'' and inserting
                          ``of patients transported and the number of
                          patient transport'';
                              (ii) by inserting ``or'' after ``interfacility
                          transport,''; and
                              (iii) by striking ``, or ferry or
                          repositioning flight'';
                        (D) in paragraph (5)--
                              (i) by striking ``flights and''; and
                              (ii) by striking ``while providing air
                          ambulance services''; and
                        (E) by amending paragraph (6) to read as follows:
                ``(6) The number of hours flown at night by helicopters
            operated by the certificate holder.'';
                (2) in subsection (d)--
                        (A) by striking ``Not later than 2 years after the
                    date of enactment of this section, and annually
                    thereafter, the Administrator shall submit'' and
                    inserting ``The Administrator shall submit annually'';
                    and
                        (B) by adding at the end the following: ``The report
                    shall include the number of accidents experienced by
                    helicopter air ambulance operations, the number of fatal
                    accidents experienced by helicopter air ambulance
                    operations, and the rate, per 100,000 flight hours, of
                    accidents and fatal accidents experienced by operators
                    providing helicopter air ambulance services.'';

    [[Page 132 STAT. 3267]]

                (3) by redesignating subsection (e) as subsection (f); and
                (4) by inserting after subsection (d) the following:

        ``(e) Implementation.--In carrying out this section, the
    Administrator, in collaboration with part 135 certificate holders
    providing helicopter air ambulance services, shall--
                ``(1) propose and develop a method to collect and store the
            data submitted under subsection (a), including a method to
            protect the confidentiality of any trade secret or proprietary
            information submitted; and
                ``(2) ensure that the database under subsection (c) and the
            report under subsection (d) include data and analysis that will
            best inform efforts to improve the safety of helicopter air
            ambulance operations.''.
    SEC. 315. <<NOTE: 49 USC 44701 note.>>  AVIATION RULEMAKING
                            COMMITTEE FOR PART 135 PILOT REST AND DUTY
                            RULES.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall convene an aviation rulemaking
    committee to review, and develop findings and recommendations regarding,
    pilot rest and duty rules under part 135 of title 14, Code of Federal
    Regulations.
        (b) Duties.--The Administrator shall--
                (1) not later than 2 years after the date of enactment of
            this Act, submit to the appropriate committees of Congress a
            report based on the findings of the aviation rulemaking
            committee; and
                (2) not later than 1 year after the date of submission of
            the report under paragraph (1), issue a notice of proposed
            rulemaking based on any consensus recommendations reached by the
            aviation rulemaking committee.

        (c) Composition.--The aviation rulemaking committee shall consist of
    members appointed by the Administrator, including--
                (1) representatives of industry;
                (2) representatives of aviation labor organizations,
            including collective bargaining units representing pilots who
            are covered by part 135 of title 14, Code of Federal
            Regulations, and subpart K of part 91 of such title; and
                (3) aviation safety experts with specific knowledge of
            flight crewmember education and training requirements under part
            135 of such title.

        (d) Considerations.--The Administrator shall direct the aviation
    rulemaking committee to consider--
                (1) recommendations of prior part 135 rulemaking committees;
                (2) accommodations necessary for small businesses;
                (3) scientific data derived from aviation-related fatigue
            and sleep research;
                (4) data gathered from aviation safety reporting programs;
                (5) the need to accommodate the diversity of operations
            conducted under part 135, including the unique duty and rest
            time requirements of air ambulance pilots; and
                (6) other items, as appropriate.
    SEC. 316. REPORT ON OBSOLETE TEST EQUIPMENT.

        (a) Report.--Not later than 180 days after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report on the National Test Equipment Program of the FAA
    (in this section referred to as the ``Program'').

    [[Page 132 STAT. 3268]]

        (b) Contents.--The report shall include--
                (1) a list of all known outstanding requests for test
            equipment, cataloged by type and location, under the Program;
                (2) a description of the current method under the Program of
            ensuring calibrated equipment is in place for utilization;
                (3) a plan by the Administrator for appropriate inventory of
            such equipment;
                (4) the Administrator's recommendations for increasing
            multifunctionality in future test equipment and all known and
            foreseeable manufacturer technological advances; and
                (5) a plan to replace, as appropriate, obsolete test
            equipment throughout the service areas.
    SEC. 317. HELICOPTER FUEL SYSTEM SAFETY.

        (a) In General.--Chapter 447 of title 49, United States Code, is
    further amended by adding at the end the following:
    ``Sec. 44737. <<NOTE: 49 USC 44737.>>  Helicopter fuel system
                        safety

        ``(a) Prohibition.--
                ``(1) In general.--A person may not operate a covered
            rotorcraft in United States airspace unless the design of the
            rotorcraft is certified by the Administrator of the Federal
            Aviation Administration to--
                        ``(A) comply with the requirements applicable to the
                    category of the rotorcraft under paragraphs (1), (2),
                    (3), (5), and (6) of section 27.952(a), section
                    27.952(c), section 27.952(f), section 27.952(g), section
                    27.963(g) (but allowing for a minimum puncture force of
                    250 pounds if successfully drop tested in-structure),
                    and section 27.975(b) or paragraphs (1), (2), (3), (5),
                    and (6) of section 29.952(a), section 29.952(c), section
                    29.952(f), section 29.952(g), section 29.963(b) (but
                    allowing for a minimum puncture force of 250 pounds if
                    successfully drop tested in-structure), and 29.975(a)(7)
                    of title 14, Code of Federal Regulations, as in effect
                    on the date of enactment of this section; or
                        ``(B) employ other means acceptable to the
                    Administrator to provide an equivalent level of fuel
                    system crash resistance.
                ``(2) Covered rotorcraft defined.--In this subsection, the
            term `covered rotorcraft' means a rotorcraft not otherwise
            required to comply with section 27.952, section 27.963, and
            section 27.975, or section 29.952, section 29.963, and section
            29.975 of title 14, Code of Federal Regulations as in effect on
            the date of enactment of this section for which manufacture was
            completed, as determined by the Administrator, on or after the
            date that is 18 months after the date of enactment of this
            section.

        ``(b) Administrative Provisions.--The Administrator shall--
                ``(1) expedite the certification and validation of United
            States and foreign type designs and retrofit kits that improve
            fuel system crashworthiness; and
                ``(2) not later than 180 days after the date of enactment of
            this section, and periodically thereafter, issue a bulletin to--
                        ``(A) inform rotorcraft owners and operators of
                    available modifications to improve fuel system
                    crashworthiness; and

    [[Page 132 STAT. 3269]]

                        ``(B) urge that such modifications be installed as
                    soon as practicable.

        ``(c) Rule of Construction.--Nothing in this section may be
    construed to affect the operation of a rotorcraft by the Department of
    Defense.''.
        (b) Clerical Amendment.--The analysis for chapter 447 of title 49,
    United States Code, <<NOTE: 49 USC 44701 prec.>>  is amended by adding
    at the end the following:

    ``44737. Helicopter fuel system safety.''.

    SEC. 318. <<NOTE: Commercial Balloon Pilot Safety Act of 2018.>>
                            APPLICABILITY OF MEDICAL CERTIFICATION
                            STANDARDS TO OPERATORS OF AIR BALLOONS.

        (a) <<NOTE: 49 USC 449703 note.>>  Short Title.--This section may be
    cited as the ``Commercial Balloon Pilot Safety Act of 2018''.

        (b) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall revise section 61.3(c) of title 14,
    Code of Federal Regulations (relating to second-class medical
    certificates), to apply to an operator of an air balloon to the same
    extent such regulations apply to a pilot flight crewmember of other
    aircraft.
        (c) Air Balloon Defined.--In this section, the term ``air balloon''
    has the meaning given the term ``balloon'' in section 1.1 of title 14,
    Code of Federal Regulations (or any corresponding similar regulation or
    ruling).
    SEC. 319. <<NOTE: 49 USC 449703 note.>>  DESIGNATED PILOT EXAMINER
                            REFORMS.

        (a) In General.--The Administrator shall assign to the Aviation
    Rulemaking Advisory Committee (in this section referred to as the
    ``Committee'') the task of reviewing all regulations and policies
    related to designated pilot examiners appointed under section 183.23 of
    title 14, Code of Federal Regulations. The Committee shall focus on the
    processes and requirements by which the FAA selects, trains, and deploys
    individuals as designated pilot examiners, and provide recommendations
    with respect to the regulatory and policy changes necessary to ensure an
    adequate number of designated pilot examiners are deployed and available
    to perform their duties. The Committee also shall make recommendations
    with respect to the regulatory and policy changes if necessary to allow
    a designated pilot examiner perform a daily limit of 3 new check rides
    with no limit for partial check rides and to serve as a designed pilot
    examiner without regard to any individual managing office.
        (b) Action Based on Recommendations.--Not later than 1 year after
    receiving recommendations under subsection (a), the Administrator shall
    take such action as the Administrator considers appropriate with respect
    to those recommendations.
    SEC. 320. <<NOTE: 49 USC 44701 note.>>  VOLUNTARY REPORTS OF
                            OPERATIONAL OR MAINTENANCE ISSUES RELATED
                            TO AVIATION SAFETY.

        (a) In General.--There shall be a presumption that an individual's
    voluntary report of an operational or maintenance issue related to
    aviation safety under an aviation safety action program meets the
    criteria for acceptance as a valid report under such program.
        (b) Disclaimer Required.--Any dissemination, within the
    participating organization, of a report that was submitted and accepted
    under an aviation safety action program pursuant to the presumption
    under subsection (a), but that has not undergone

    [[Page 132 STAT. 3270]]

    review by an event review committee, shall be accompanied by a
    disclaimer stating that the report--
                (1) has not been reviewed by an event review committee
            tasked with reviewing such reports; and
                (2) may subsequently be determined to be ineligible for
            inclusion in the aviation safety action program.

        (c) Rejection of Report.--
                (1) In general.--A report described under subsection (a)
            shall be rejected from an aviation safety action program if,
            after a review of the report, an event review committee tasked
            with reviewing such report, or the Federal Aviation
            Administration member of the event review committee in the case
            that the review committee does not reach consensus, determines
            that the report fails to meet the criteria for acceptance under
            such program.
                (2) Protections.--In any case in which a report of an
            individual described under subsection (a) is rejected under
            paragraph (1)--
                        (A) the enforcement-related incentive offered to the
                    individual for making such a report shall not apply; and
                        (B) the protection from disclosure of the report
                    itself under section 40123 of title 49, United States
                    Code, shall not apply.
                (3) Aviation safety action program defined.--In this
            section, the term ``aviation safety action program'' means a
            program established in accordance with Federal Aviation
            Administration Advisory Circular 120-66B, issued November 15,
            2002 (including any similar successor advisory circular), to
            allow an individual to voluntarily disclose operational or
            maintenance issues related to aviation safety.
    SEC. 321. EVALUATION REGARDING ADDITIONAL GROUND BASED
                            TRANSMITTERS.

        The Administrator shall conduct an evaluation of providing
    additional ground based transmitters for Automatic Dependent
    Surveillance-Broadcasts (ADS-B) to provide a minimum operational network
    in Alaska along major flight routes.
    SEC. 322. <<NOTE: 49 USC 44720 note.>>  IMPROVED SAFETY IN RURAL
                            AREAS.

        The Administrator shall permit an air carrier operating pursuant to
    part 135 of title 14, Code of Federal Regulations, to operate to a
    destination with a published approach, in a noncontiguous State under
    instrument flight rules and conduct an instrument approach without a
    destination Meteorological Aerodrome Report (METAR) if a current Area
    Forecast, supplemented by noncertified local weather observations (such
    as weather cameras and human observations) is available, and an
    alternate airport that has a weather report is specified. The operator
    shall have approved procedures for departure and en route weather
    evaluation.
    SEC. 323. EXIT ROWS.

        (a) Review.--The Administrator shall conduct a review of current
    safety procedures regarding unoccupied exit rows on a covered aircraft
    in passenger air transportation during all stages of flight.
        (b) Consultation.--In carrying out the review, the Administrator
    shall consult with air carriers, aviation manufacturers, and labor
    stakeholders.

    [[Page 132 STAT. 3271]]

        (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report on the results of the review.
        (d) Covered Aircraft Defined.--In this section, the term ``covered
    aircraft'' means an aircraft operating under part 121 of title 14, Code
    of Federal Regulations.
    SEC. 324. COMPTROLLER GENERAL REPORT ON FAA ENFORCEMENT POLICY.

        Not later than 1 year after the date of enactment of this Act, the
    Comptroller General of the United States shall complete a study, and
    report to the appropriate committees of Congress on the results thereof,
    on the effectiveness of Order 8000.373, Federal Aviation Administration
    Compliance Philosophy, announced on June 26, 2015. Such study shall
    include information about--
                (1) whether reports of safety incidents increased following
            the order;
                (2) whether reduced enforcement penalties increased the
            overall number of safety incidents that occurred; and
                (3) whether FAA enforcement staff registered complaints
            about reduced enforcement reducing compliance with safety
            regulations.
    SEC. 325. ANNUAL SAFETY INCIDENT REPORT.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, and annually thereafter for 5 years, the Administrator,
    shall submit to the appropriate committees of Congress a report
    regarding part 121 airline safety oversight.
        (b) Contents.--The annual report shall include--
                (1) a description of the Federal Aviation Administration's
            safety oversight process to ensure the safety of the traveling
            public;
                (2) a description of risk-based oversight methods applied to
            ensure aviation safety, including to specific issues addressed
            in the year preceding the report that in the determination of
            the Administrator address safety risk; and
                (3) in the instance of specific reviews of air carrier
            performance to safety regulations, a description of cases where
            the timelines for recurrent reviews are advanced.
    SEC. 326. <<NOTE: 49 USC 40101 note.>>  AIRCRAFT AIR QUALITY.

        (a) Educational Materials.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall, in consultation with
    relevant stakeholders, establish and make available on a publicly
    available Internet website of the Administration, educational materials
    for flight attendants, pilots, and aircraft maintenance technicians on
    how to respond to incidents on board aircraft involving smoke or fumes.
        (b) Reporting of Incidents of Smoke or Fumes on Board Aircraft.--Not
    later than 180 days after the date of enactment of this Act, the
    Administrator shall, in consultation with relevant stakeholders, issue
    guidance for flight attendants, pilots, and aircraft maintenance
    technicians to report incidents of smoke or fumes on board an aircraft
    operated by a commercial air carrier and with respect to the basis on
    which commercial air carriers shall report such incidents through the
    Service Difficulty Reporting System.

    [[Page 132 STAT. 3272]]

        (c) Research to Develop Techniques to Monitor Bleed Air Quality.--
    Not later than 180 days after the date of enactment of this Act, the
    Administrator shall commission a study by the Airliner Cabin Environment
    Research Center of Excellence--
                (1) to identify and measure the constituents and levels of
            constituents resulting from bleed air in the cabins of a
            representative set of commercial aircraft in operation of the
            United States;
                (2) to assess the potential health effects of such
            constituents on passengers and cabin and flight deck crew;
                (3) to identify technologies suitable to provide reliable
            and accurate warning of bleed air contamination, including
            technologies to effectively monitor the aircraft air supply
            system when the aircraft is in flight; and
                (4) to identify potential techniques to prevent fume events.

        (d) Report Required.--Not later than 18 months after the date of
    enactment of this Act, the Administrator shall submit to the appropriate
    committees of Congress a report on the feasibility, efficacy, and cost-
    effectiveness of certification and installation of systems to evaluate
    bleed air quality.
        (e) Pilot Program.--The FAA may conduct a pilot program to evaluate
    the effectiveness of technologies identified in subsection (c).
    SEC. 327. APPROACH CONTROL RADAR.

        The Administrator shall--
                (1) identify airports that are currently served by FAA
            towers with nonradar approach and departure control (type 4
            classification in the Federal Aviation Administration OPSNET);
            and
                (2) develop an implementation plan, which takes into account
            budgetary and flight volume considerations, to provide an
            airport identified under paragraph (1), if appropriate, with
            approach control radar.
    SEC. 328. REPORT ON AIRLINE AND PASSENGER SAFETY.

        (a) Report.--Not later than 180 days after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report on airline and passenger safety.
        (b) Contents.--The report required under subsection (a) shall
    include--
                (1) the average age of commercial aircraft owned and
            operated by United States air carriers;
                (2) the over-all use of planes, including average lifetime
            of commercial aircraft;
                (3) the number of hours aircraft are in flight over the life
            of the aircraft and the average number of hours on domestic and
            international flights, respectively;
                (4) the impact of metal fatigue on aircraft usage and
            safety;
                (5) a review on contractor assisted maintenance of
            commercial aircraft; and
                (6) a re-evaluation of the rules on inspection of aging
            airplanes.
    SEC. 329. <<NOTE: 49 USC 40101 note.>>  PERFORMANCE-BASED
                            STANDARDS.

        The Administrator shall, to the maximum extent possible and
    consistent with Federal law, and based on input by the public, ensure
    that regulations, guidance, and policies issued by the FAA

    [[Page 132 STAT. 3273]]

    on and after the date of enactment of this Act are issued in the form of
    performance-based standards, providing an equal or higher level of
    safety.
    SEC. 330. REPORT AND RECOMMENDATIONS ON CERTAIN AVIATION SAFETY
                            RISKS.

        Not later than 1 year after the date of the enactment of this Act,
    the Administrator shall submit to the appropriate committees of Congress
    a report that--
                (1) identifies safety risks associated with power outages at
            airports caused by weather or other factors, and recommends
            actions to improve resilience of aviation communication,
            navigation, and surveillance systems in the event of such
            outages; and
                (2) reviews alerting mechanisms, devices, and procedures for
            enhancing the situational awareness of pilots and air traffic
            controllers in the event of a failure or an irregularity of
            runway lights, and provides recommendations on the further
            implementation of such mechanisms, devices, or procedures.
    SEC. 331. REVIEW OF FAA'S AVIATION SAFETY INFORMATION ANALYSIS AND
                            SHARING SYSTEM.

        (a) Audit by Department of Transportation Inspector General.--Not
    later than 90 days after the date of enactment of this Act, the
    inspector general of the Department of Transportation shall initiate a
    follow-up review of the FAA's Aviation Safety Information Analysis and
    Sharing (ASIAS) system to assess FAA's efforts and plans to improve the
    system.
        (b) Review.--The review shall include, at a minimum, an evaluation
    of FAA's efforts to improve the ASIAS system's predictive capabilities
    and solutions developed to more widely disseminate results of ASIAS data
    analyses, as well as an update on previous inspector general
    recommendations to improve this safety analysis and sharing system.
        (c) Report.--The inspector general shall submit to the appropriate
    committees of Congress a report on the results of the review carried out
    under this section and any recommendations to improve FAA's ASIAS
    system.
    SEC. 332. <<NOTE: 49 USC 44706 note.>>  AIRPORT RESCUE AND
                            FIREFIGHTING.

        (a) Firefighting Foam.--Not later than 3 years after the date of
    enactment of this Act, the Administrator, using the latest version of
    National Fire Protection Association 403, ``Standard for Aircraft Rescue
    and Fire-Fighting Services at Airports'', and in coordination with the
    Administrator of the Environmental Protection Agency, aircraft
    manufacturers and airports, shall not require the use of fluorinated
    chemicals to meet the performance standards referenced in chapter 6 of
    AC No: 150/5210-6D and acceptable under 139.319(l) of title 14, Code of
    Federal Regulations.
        (b) Training Facilities.--Not later than 90 days after the date of
    enactment of this Act, the Administrator shall submit to the appropriate
    committees of Congress--
                (1) a report on the number and sufficiency of aircraft
            rescue and firefighting training facilities in each FAA region;
            and
                (2) a plan, if appropriate, to address any coverage gaps
            identified in the report.

    [[Page 132 STAT. 3274]]

    SEC. 333. <<NOTE: 49 USC 44701 note.>>  SAFE AIR TRANSPORTATION OF
                            LITHIUM CELLS AND BATTERIES.

        (a) Harmonization With ICAO Technical Instructions.--
                (1) Adoption of icao instructions.--
                        (A) In general.--Pursuant to section 828 of the FAA
                    Modernization and Reform Act of 2012 (49 U.S.C. 44701
                    note), not later than 90 days after the date of
                    enactment of this Act, the Secretary of Transportation
                    shall conform United States regulations on the air
                    transport of lithium cells and batteries with the
                    lithium cells and battery requirements in the 2015-2016
                    edition of the International Civil Aviation
                    Organization's (referred to in this subsection as
                    ``ICAO'') Technical Instructions (to include all
                    addenda), including the revised standards adopted by
                    ICAO which became effective on April 1, 2016 and any
                    further revisions adopted by ICAO prior to the effective
                    date of the FAA Reauthorization Act of 2018.
                        (B) Further proceedings.--Beginning on the date the
                    revised regulations under subparagraph (A) are published
                    in the Federal Register, any lithium cell and battery
                    rulemaking action or update commenced on or after that
                    date shall continue to comply with the requirements
                    under section 828 of the FAA Modernization and Reform
                    Act of 2012 (49 U.S.C. 44701 note).
                (2) Review of other regulations.--Pursuant to section 828 of
            the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
            note), the Secretary of Transportation may initiate a review of
            other existing regulations regarding the air transportation,
            including passenger-carrying and cargo aircraft, of lithium
            batteries and cells.

        (b) Medical Device Batteries.--
                (1) In general.--For United States applicants, the Secretary
            of Transportation shall consider and either grant or deny, not
            later than 45 days after receipt of an application, an
            application submitted in compliance with part 107 of title 49,
            Code of Federal Regulations, for special permits or approvals
            for air transportation of lithium ion cells or batteries
            specifically used by medical devices. Not later than 30 days
            after the date of application, the Pipeline and Hazardous
            Materials Safety Administration shall provide a draft special
            permit to the Federal Aviation Administration based on the
            application. The Federal Aviation Administration shall conduct
            an on-site inspection for issuance of the special permit not
            later than 20 days after the date of receipt of the draft
            special permit from the Pipeline and Hazardous Materials Safety
            Administration.
                (2) Limited exceptions to restrictions on air transportation
            of medical device batteries.--The Secretary shall issue limited
            exceptions to the restrictions on transportation of lithium ion
            and lithium metal batteries to allow the shipment on a passenger
            aircraft of not more than 2 replacement batteries specifically
            used for a medical device if--
                        (A) the intended destination of the batteries is not
                    serviced daily by cargo aircraft if a battery is
                    required for medically necessary care; and
                        (B) with regard to a shipper of lithium ion or
                    lithium metal batteries for medical devices that cannot
                    comply

    [[Page 132 STAT. 3275]]

                    with a charge limitation in place at the time, each
                    battery is--
                              (i) individually packed in an inner packaging
                          that completely encloses the battery;
                              (ii) placed in a rigid outer packaging; and
                              (iii) protected to prevent a short circuit.
                (3) Medial device defined.--ln this subsection, the term
            ``medical device'' means an instrument, apparatus, implement,
            machine, contrivance, implant, or in vitro reagent, including
            any component, part, or accessory thereof, which is intended for
            use in the diagnosis of disease or other conditions, or in the
            cure, mitigation, treatment, or prevention of disease, of a
            person.
                (4) Savings clause.--Nothing in this subsection shall be
            construed as expanding or constricting any other authority the
            Secretary of Transportation has under section 828 of the FAA
            Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).

        (c) Lithium Battery Safety Working Group.--
                (1) In general.--Not later than 90 days after the date of
            enactment of this Act, the Secretary of Transportation shall
            establish a lithium battery safety working group (referred to as
            the ``working group'' in this section) to promote and coordinate
            efforts related to the promotion of the safe manufacture, use,
            and transportation of lithium batteries and cells.
                (2) Duties.--The working group shall coordinate and
            facilitate the transfer of knowledge and expertise among the
            following Federal agencies:
                        (A) The Department of Transportation.
                        (B) The Consumer Product Safety Commission.
                        (C) The National Institute on Standards and
                    Technology.
                        (D) The Food and Drug Administration.
                (3) Members.--The Secretary shall appoint not more than 8
            members to the working group with expertise in the safe
            manufacture, use, or transportation of lithium batteries and
            cells.
                (4) Subcommittees.--The Secretary, or members of the working
            group, may--
                        (A) establish working group subcommittees to focus
                    on specific issues related to the safe manufacture, use,
                    or transportation of lithium batteries and cells; and
                        (B) include in a subcommittee the participation of
                    nonmember stakeholders with expertise in areas that the
                    Secretary or members consider necessary.
                (5) Report.--Not later than 1 year after the date it is
            established, the working group shall--
                        (A) identify and assess--
                              (i) additional ways to decrease the risk of
                          fires and explosions from lithium batteries and
                          cells;
                              (ii) additional ways to ensure uniform
                          transportation requirements for both bulk and
                          individual batteries; and
                              (iii) new or existing technologies that may
                          reduce the fire and explosion risk of lithium
                          batteries and cells; and

    [[Page 132 STAT. 3276]]

                        (B) transmit to the appropriate committees of
                    Congress a report on the assessments conducted under
                    subparagraph (A), including any legislative
                    recommendations to effectuate the safety improvements
                    described in clauses (i) through (iii) of that
                    subparagraph.
                (6) Termination.--The working group, and any working group
            subcommittees, shall terminate 90 days after the date the report
            is transmitted under paragraph (5).

        (d) Lithium Battery Air Safety Advisory Committee.--
                (1) Establishment.--Not later than 60 days after the date of
            enactment of this Act, the Secretary shall establish, in
            accordance with the requirements of the Federal Advisory
            Committee Act (5 U.S.C. App.), a lithium ion and lithium metal
            battery air safety advisory committee (in this subsection
            referred to as the ``Committee'').
                (2) Duties.--The Committee shall--
                        (A) facilitate communication between manufacturers
                    of lithium ion and lithium metal cells and batteries,
                    manufacturers of products incorporating both large and
                    small lithium ion and lithium metal batteries, air
                    carriers, and the Federal Government regarding the safe
                    air transportation of lithium ion and lithium metal
                    cells and batteries and the effectiveness and economic
                    and social impacts of the regulation of such
                    transportation;
                        (B) provide the Secretary, the Federal Aviation
                    Administration, and the Pipeline and Hazardous Materials
                    Safety Administration with timely information about new
                    lithium ion and lithium metal battery technology and
                    transportation safety practices and methodologies;
                        (C) provide a forum for the Secretary to provide
                    information on and to discuss the activities of the
                    Department of Transportation relating to lithium ion and
                    lithium metal battery transportation safety, the
                    policies underlying the activities, and positions to be
                    advocated in international forums;
                        (D) provide a forum for the Secretary to provide
                    information and receive advice on--
                              (i) activities carried out throughout the
                          world to communicate and enforce relevant United
                          States regulations and the ICAO Technical
                          Instructions; and
                              (ii) the effectiveness of the activities;
                        (E) provide advice and recommendations to the
                    Secretary with respect to lithium ion and lithium metal
                    battery air transportation safety, including how best to
                    implement activities to increase awareness of relevant
                    requirements and their importance to travelers and
                    shippers; and
                        (F) review methods to decrease the risk posed by air
                    shipment of undeclared hazardous materials and efforts
                    to educate those who prepare and offer hazardous
                    materials for shipment via air transport.
                (3) Membership.--The Committee shall be composed of the
            following members:
                        (A) Individuals appointed by the Secretary to
                    represent--
                              (i) large volume manufacturers of lithium ion
                          and lithium metal cells and batteries;

    [[Page 132 STAT. 3277]]

                              (ii) domestic manufacturers of lithium ion and
                          lithium metal batteries or battery packs;
                              (iii) manufacturers of consumer products
                          powered by lithium ion and lithium metal
                          batteries;
                              (iv) manufacturers of vehicles powered by
                          lithium ion and lithium metal batteries;
                              (v) marketers of products powered by lithium
                          ion and lithium metal batteries;
                              (vi) cargo air service providers based in the
                          United States;
                              (vii) passenger air service providers based in
                          the United States;
                              (viii) pilots and employees of air service
                          providers described in clauses (vi) and (vii);
                              (ix) shippers of lithium ion and lithium metal
                          batteries for air transportation;
                              (x) manufacturers of battery-powered medical
                          devices or batteries used in medical devices; and
                              (xi) employees of the Department of
                          Transportation, including employees of the Federal
                          Aviation Administration and the Pipeline and
                          Hazardous Materials Safety Administration.
                        (B) Representatives of such other Government
                    departments and agencies as the Secretary determines
                    appropriate.
                        (C) Any other individuals the Secretary determines
                    are appropriate to comply with Federal law.
                (4) Report.--
                        (A) In general.--Not later than 180 days after the
                    establishment of the Committee, the Committee shall
                    submit to the Secretary and the appropriate committees
                    of Congress a report that--
                              (i) describes and evaluates the steps being
                          taken in the private sector and by international
                          regulatory authorities to implement and enforce
                          requirements relating to the safe transportation
                          by air of bulk shipments of lithium ion cells and
                          batteries; and
                              (ii) identifies any areas of enforcement or
                          regulatory requirements for which there is
                          consensus that greater attention is needed.
                        (B) Independent statements.--Each member of the
                    Committee shall be provided an opportunity to submit an
                    independent statement of views with the report submitted
                    pursuant to subparagraph (A).
                (5) Meetings.--
                        (A) In general.--The Committee shall meet at the
                    direction of the Secretary and at least twice a year.
                        (B) Preparation for icao meetings.--Notwithstanding
                    subparagraph (A), the Secretary shall convene a meeting
                    of the Committee in connection with and in advance of
                    each meeting of the International Civil Aviation
                    Organization, or any of its panels or working groups,
                    addressing the safety of air transportation of lithium
                    ion and lithium metal batteries to brief Committee
                    members on positions to be taken by the United States at
                    such meeting and provide Committee members a meaningful
                    opportunity to comment.

    [[Page 132 STAT. 3278]]

                (6) Termination.--The Committee shall terminate on the date
            that is 6 years after the date on which the Committee is
            established.
                (7) Termination of future of aviation advisory committee.--
            The Future of Aviation Advisory Committee shall terminate on the
            date on which the lithium ion battery air safety advisory
            committee is established.

        (e) Cooperative Efforts to Ensure Compliance With Safety
    Regulations.--
                (1) In general.--The Secretary of Transportation, in
            coordination with appropriate Federal agencies, shall carry out
            cooperative efforts to ensure that shippers who offer lithium
            ion and lithium metal batteries for air transport to or from the
            United States comply with U.S. Hazardous Materials Regulations
            and ICAO Technical Instructions.
                (2) Cooperative efforts.--The cooperative efforts the
            Secretary shall carry out pursuant to paragraph (1) include the
            following:
                        (A) Encouraging training programs at locations
                    outside the United States from which substantial cargo
                    shipments of lithium ion or lithium metal batteries
                    originate for manufacturers, freight forwarders, and
                    other shippers and potential shippers of lithium ion and
                    lithium metal batteries.
                        (B) Working with Federal, regional, and
                    international transportation agencies to ensure
                    enforcement of U.S. Hazardous Materials Regulations and
                    ICAO Technical Instructions with respect to shippers who
                    offer noncompliant shipments of lithium ion and lithium
                    metal batteries.
                        (C) Sharing information, as appropriate, with
                    Federal, regional, and international transportation
                    agencies regarding noncompliant shipments.
                        (D) Pursuing a joint effort with the international
                    aviation community to develop a process to obtain
                    assurances that appropriate enforcement actions are
                    taken to reduce the likelihood of noncompliant
                    shipments, especially with respect to jurisdictions in
                    which enforcement activities historically have been
                    limited.
                        (E) Providing information in brochures and on the
                    internet in appropriate foreign languages and dialects
                    that describes the actions required to comply with U.S.
                    Hazardous Materials Regulations and ICAO Technical
                    Instructions.
                        (F) Developing joint efforts with the international
                    aviation community to promote a better understanding of
                    the requirements of and methods of compliance with U.S.
                    Hazardous Materials Regulations and ICAO Technical
                    Instructions.
                (3) Reporting.--Not later than 120 days after the date of
            enactment of this Act, and annually thereafter for 2 years, the
            Secretary shall submit to the appropriate committees of Congress
            a report on compliance with the policy set forth in subsection
            (e) and the cooperative efforts carried out, or planned to be
            carried out, under this subsection.

        (f) Packaging Improvements.--Not later than 180 days after the date
    of enactment of this Act, the Secretary, in consultation with interested
    stakeholders, shall submit to the appropriate committees of Congress an
    evaluation of current practices for the

    [[Page 132 STAT. 3279]]

    packaging of lithium ion batteries and cells for air transportation,
    including recommendations, if any, to improve the packaging of such
    batteries and cells for air transportation in a safe, efficient, and
    cost-effective manner.
        (g) Department of Transportation Policy on International
    Representation.--
                (1) In general.--It shall be the policy of the Department of
            Transportation to support the participation of industry and
            labor stakeholders in all panels and working groups of the
            dangerous goods panel of the ICAO and any other international
            test or standard setting organization that considers proposals
            on the safety or transportation of lithium ion and lithium metal
            batteries in which the United States participates.
                (2) Participation.--The Secretary of Transportation shall
            request that as part of the ICAO deliberations in the dangerous
            goods panel on these issues, that appropriate experts on issues
            under consideration be allowed to participate.

        (h) Definitions.--In this section, the following definitions apply:
                (1) ICAO technical instructions.--The term ``ICAO Technical
            Instructions'' has the meaning given that term in section 828(c)
            of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
            note).
                (2) U.S. hazardous materials regulations.--The term ``U.S.
            Hazardous Materials Regulations'' means the regulations in parts
            100 through 177 of title 49, Code of Federal Regulations
            (including amendments adopted after the date of enactment of
            this Act).
    SEC. 334. RUNWAY SAFETY.

        (a) In General.--Not later than 6 months after the date of enactment
    of this Act, the Administrator shall submit to the appropriate
    committees of Congress a report on improving runway safety.
        (b) Contents.--In the report required under this section, the
    Administrator shall--
                (1) review the relative benefits and risks of requiring the
            use of runway awareness and advisory systems in turbine-powered
            airplanes with a maximum takeoff weight greater than 19,000
            pounds;
                (2) review systems capable of detecting wrong-surface
            alignment to determine whether the capability exists to detect
            imminent wrong-surface landings at each airport where such a
            system is in use;
                (3) describe information gathered from the use of the
            Airport Surface Surveillance Capability system at San Francisco
            International Airport since July 2017;
                (4) assess available technologies to determine whether it is
            feasible, cost-effective, and appropriate to install and deploy,
            at any airport, systems to provide a direct warning capability
            to flight crews or air traffic controllers, or both, of
            potential runway incursions; and
                (5) describe FAA efforts to develop metrics that would allow
            the FAA to determine whether runway incursions are increasing
            and to assess the effectiveness of implemented runway safety
            initiatives.

    [[Page 132 STAT. 3280]]

        (c) Consultation.--The Administrator shall consult with the National
    Transportation Safety Board in developing the report required under this
    section.
    SEC. 335. <<NOTE: 49 USC 44701 note.>>  FLIGHT ATTENDANT DUTY
                            PERIOD LIMITATIONS AND REST REQUIREMENTS.

        (a) Modification of Final Rule.--
                (1) In general.--Not later than 30 days after the date of
            enactment of this Act, the Secretary of Transportation shall
            modify the final rule of the Federal Aviation Administration
            published in the Federal Register on August 19, 1994 (59 Fed.
            Reg. 42974; relating to flight attendant duty period limitations
            and rest requirements) in accordance with the requirements of
            this subsection.
                (2) Contents.--The final rule, as modified under paragraph
            (1), shall ensure that--
                        (A) a flight attendant scheduled to a duty period of
                    14 hours or less is given a scheduled rest period of at
                    least 10 consecutive hours; and
                        (B) the rest period is not reduced under any
                    circumstances.

        (b) Fatigue Risk Management Plan.--
                (1) Submission of plan by part 121 air carriers.--Not later
            than 90 days after the date of enactment of this Act, each air
            carrier operating under part 121 of title 14, Code of Federal
            Regulations (in this section referred to as a ``part 121 air
            carrier''), shall submit to the Administrator of the Federal
            Aviation Administration for review and acceptance a fatigue risk
            management plan for the carrier's flight attendants.
                (2) Contents of plan.--A fatigue risk management plan
            submitted by a part 121 air carrier under paragraph (1) shall
            include the following:
                        (A) Current flight time and duty period limitations.
                        (B) A rest scheme consistent with such limitations
                    that enables the management of flight attendant fatigue,
                    including annual training to increase awareness of--
                              (i) fatigue;
                              (ii) the effects of fatigue on flight
                          attendants; and
                              (iii) fatigue countermeasures.
                        (C) Development and use of a methodology that
                    continually assesses the effectiveness of implementation
                    of the plan, including the ability of the plan--
                              (i) to improve alertness; and
                              (ii) to mitigate performance errors.
                (3) Review.--Not later than 1 year after the date of
            enactment of this Act, the Administrator shall review and accept
            or reject each fatigue risk management plan submitted under this
            subsection. If the Administrator rejects a plan, the
            Administrator shall provide suggested modifications for
            resubmission of the plan.
                (4) Plan updates.--
                        (A) In general.--A part 121 air carrier shall update
                    its fatigue risk management plan under paragraph (1)
                    every 2 years and submit the update to the Administrator
                    for review and acceptance.
                        (B) Review.--Not later than 1 year after the date of
                    submission of a plan update under subparagraph (A),

    [[Page 132 STAT. 3281]]

                    the Administrator shall review and accept or reject the
                    update. If the Administrator rejects an update, the
                    Administrator shall provide suggested modifications for
                    resubmission of the update.
                (5) Compliance.--A part 121 air carrier shall comply with
            the fatigue risk management plan of the air carrier that is
            accepted by the Administrator under this subsection.
                (6) Civil penalties.--A violation of this subsection by a
            part 121 air carrier shall be treated as a violation of chapter
            447 of title 49, United States Code, for purposes of the
            application of civil penalties under chapter 463 of that title.
    SEC. 336. <<NOTE: Saracini Aviation Safety Act of 2018.>>
                            SECONDARY COCKPIT BARRIERS.

        (a) <<NOTE: 49 USC 44903 note.>>  Short Title.--This section may be
    cited as the ``Saracini Aviation Safety Act of 2018''.

        (b) Requirement.--Not later than 1 year after the date of the
    enactment of this Act, the Administrator of the Federal Aviation
    Administration shall issue an order requiring installation of a
    secondary cockpit barrier on each new aircraft that is manufactured for
    delivery to a passenger air carrier in the United States operating under
    the provisions of part 121 of title 14, Code of Federal Regulations.
    SEC. 337. AIRCRAFT CABIN EVACUATION PROCEDURES.

        (a) Review.--The Administrator of the Federal Aviation
    Administration shall review--
                (1) evacuation certification of transport-category aircraft
            used in air transportation, with regard to--
                        (A) emergency conditions, including impacts into
                    water;
                        (B) crew procedures used for evacuations under
                    actual emergency conditions;
                        (C) any relevant changes to passenger demographics
                    and legal requirements, including the Americans with
                    Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), that
                    affect emergency evacuations; and
                        (D) any relevant changes to passenger seating
                    configurations, including changes to seat width,
                    padding, reclining, size, pitch, leg room, and aisle
                    width; and
                (2) recent accidents and incidents in which passengers
            evacuated such aircraft.

        (b) Consultation; Review of Data.--In conducting the review under
    subsection (a), the Administrator shall--
                (1) consult with the National Transportation Safety Board,
            transport-category aircraft manufacturers, air carriers, and
            other relevant experts and Federal agencies, including groups
            representing passengers, airline crew members, maintenance
            employees, and emergency responders; and
                (2) review relevant data with respect to evacuation
            certification of transport-category aircraft.

        (c) Report to Congress.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall submit to the appropriate
    committees of Congress a report on the results of the review under
    subsection (a) and related recommendations, if any, including
    recommendations for revisions to the assumptions and methods used for
    assessing evacuation certification of transport-category aircraft.

    [[Page 132 STAT. 3282]]

    SEC. 338. SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) each air carrier should have in place policies and
            procedures to address sexual misconduct, including policies and
            procedures to--
                        (B) facilitate the reporting of sexual misconduct to
                    appropriate law enforcement agencies;
                        (C) communicate to personnel and passengers of the
                    air carrier the rights of such individuals with respect
                    to sexual misconduct;
                        (D) train personnel of the air carrier to recognize
                    and respond appropriately to, and to notify the
                    appropriate law enforcement agency of, sexual
                    misconduct; and
                        (E) ensure other appropriate actions are undertaken
                    to respond effectively to sexual misconduct; and
                (2) individuals who perpetrate sexual misconduct should be
            held accountable under all applicable Federal and State laws.
    SEC. 339. <<NOTE: 49 USC 44903 note.>>  CIVIL PENALTIES FOR
                            INTERFERENCE.

        (a) Interference With Cabin or Flight Crew.--Section 46318(a) of
    title 49, United States Code, is amended--
                (1) by inserting ``or sexually'' after ``physically'' each
            place it appears; and
                (2) by striking ``$25,000'' and inserting ``$35,000''.
    SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT TASK FORCE.

        (a) Establishment of Task Force.--The Secretary of Transportation
    shall establish a task force, to be known as the ``National In-Flight
    Sexual Misconduct Task Force'' (referred to in this section as ``Task
    Force'') to--
                (1) review current practices, protocols and requirements of
            air carriers in responding to allegations of sexual misconduct
            by passengers onboard aircraft, including training, reporting
            and data collection; and
                (2) provide recommendations on training, reporting and data
            collection regarding allegations of sexual misconduct occurring
            on passenger airline flights that are informed by the review of
            information described in paragraph (1) and subsection (c)(5) on
            passengers who have experienced sexual misconduct onboard
            aircraft.

        (b) Membership.--The Task Force shall be composed of, at a minimum,
    representatives from--
                (1) Department of Transportation;
                (2) Department of Justice, including the Federal Bureau of
            Investigation, Office of Victims for Crimes, and the Office on
            Violence Against Women;
                (3) National organizations that specialize in providing
            services to sexual assault victims;
                (4) labor organizations that represent flight attendants;
                (5) labor organizations that represent pilots;
                (6) airports;
                (7) air carriers;
                (8) State and local law enforcement agencies; and
                (9) such other Federal agencies and stakeholder
            organizations as the Secretary of Transportation considers
            appropriate.

    [[Page 132 STAT. 3283]]

        (c) Purpose of Task Force.--The purpose of the Task Force shall be
    to--
                (1) issue recommendations for addressing allegations of
            sexual misconduct by passengers onboard aircraft, including
            airline employee and contractor training;
                (2) issue recommendations on effective ways for passengers
            involved in incidents of alleged sexual misconduct to report
            such allegation of sexual misconduct;
                (3) issue recommendations on how to most effectively provide
            data on instances of alleged sexual misconduct onboard aircraft
            and to whom the data collected should be reported in a manner
            that protects the privacy and confidentiality of individuals
            involved in incidents of alleged sexual misconduct and precludes
            the release of data that publically identifies an individual air
            carrier to enable better understanding of the frequency and
            severity of such misconduct;
                (4) issue recommendations for flight attendants, pilots, and
            other appropriate airline personnel on law enforcement
            notification in incidents of alleged sexual misconduct;
                (5) review and utilize first-hand accounts from passengers
            who have experienced sexual misconduct onboard aircraft; and
                (6) other matters deemed necessary by the Task Force.

        (d) Report.--Not later than 1 year after the date of enactment of
    this Act, the Task Force shall submit a report with its recommendations
    and findings developed pursuant to subsection (c) to the Secretary of
    Transportation.
        (e) Plan.--Not later than 180 days after receiving the report
    required under subsection (d) the Secretary of Transportation, in
    coordination with relevant federal agencies, shall submit to appropriate
    committees of Congress a plan to address the recommendations in the
    report required under subsection (d). The Secretary of Transportation
    shall make changes to guidance, policies and regulations, as necessary,
    within 1 year of submitting the plan required in this subsection.
        (f) Regulations.--Not later than 1 year after submitting the plan
    required in this subsection, the Secretary of Transportation may issue
    regulations as deemed necessary to require each air carrier and other
    covered entity to develop a policy concerning sexual misconduct in
    accordance with the recommendations and findings of the Task Force under
    subsection (c).
        (g) Sunset.--The Task Force established pursuant to subsection (a)
    shall terminate upon the submission of the report pursuant to subsection
    (d).
    SEC. 339B. <<NOTE: 49 USC 44903 note.>>  REPORTING PROCESS FOR
                              SEXUAL MISCONDUCT ONBOARD AIRCRAFT.

        (a) In General.--Not later than two years after the date of the
    enactment of this Act, the Attorney General, in coordination with
    relevant Federal agencies, shall establish a streamlined process, based
    on the plan required under section 339A(e) of this Act, for individuals
    involved in incidents of alleged sexual misconduct onboard aircraft to
    report such allegations of sexual misconduct to law enforcement in a
    manner that protects the privacy and confidentiality of individuals
    involved in such allegations.
        (b) Availability of Reporting Process.--The process for reporting
    established under subsection (a) shall be made available to the public
    on the primary Internet websites of--

    [[Page 132 STAT. 3284]]

                (1) the Office for Victims of Crime and the Office on
            Violence Against Women of the Department of Justice;
                (2) the Federal Bureau of Investigation; and
                (3) the Department of Transportation.

                      Subtitle B--Unmanned Aircraft Systems

    SEC. 341. DEFINITIONS; INTEGRATION OF CIVIL UNMANNED AIRCRAFT
                            SYSTEMS INTO NATIONAL AIRSPACE SYSTEM.

        (a) In General.--Part A of subtitle VII of title 49, United States
    Code, <<NOTE: 49 USC 44801 prec.>>  is amended by inserting after
    chapter 447 the following:

                    ``CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS

    ``Sec.
    ``44801. Definitions.
    ``44802. Integration of civil unmanned aircraft systems into national
               airspace system.

    ``Sec. 44801. <<NOTE: 49 USC 44801.>>  Definitions

        ``In this chapter, the following definitions apply:
                ``(1) Actively tethered unmanned aircraft system.--The term
            `actively tethered unmanned aircraft system' means an unmanned
            aircraft system in which the unmanned aircraft component--
                        ``(A) weighs 4.4 pounds or less, including payload
                    but not including the tether;
                        ``(B) is physically attached to a ground station
                    with a taut, appropriately load-rated tether that
                    provides continuous power to the unmanned aircraft and
                    is unlikely to be separated from the unmanned aircraft;
                    and
                        ``(C) is controlled and retrieved by such ground
                    station through physical manipulation of the tether.
                ``(2) Appropriate committees of congress.--The term
            `appropriate committees of Congress' means the Committee on
            Commerce, Science, and Transportation of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives.
                ``(3) Arctic.--The term `Arctic' means the United States
            zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of
            the Aleutian chain.
                ``(4) Certificate of waiver; certificate of authorization.--
            The terms `certificate of waiver' and `certificate of
            authorization' mean a Federal Aviation Administration grant of
            approval for a specific flight operation.
                ``(5) Counter-UAS system.--The term `counter-UAS system'
            means a system or device capable of lawfully and safely
            disabling, disrupting, or seizing control of an unmanned
            aircraft or unmanned aircraft system.
                ``(6) Permanent areas.--The term `permanent areas' means
            areas on land or water that provide for launch, recovery, and
            operation of small unmanned aircraft.
                ``(7) Public unmanned aircraft system.--The term `public
            unmanned aircraft system' means an unmanned aircraft system

    [[Page 132 STAT. 3285]]

            that meets the qualifications and conditions required for
            operation of a public aircraft.
                ``(8) Sense and avoid capability.--The term `sense and avoid
            capability' means the capability of an unmanned aircraft to
            remain a safe distance from and to avoid collisions with other
            airborne aircraft, structures on the ground, and other objects.
                ``(9) Small unmanned aircraft.--The term `small unmanned
            aircraft' means an unmanned aircraft weighing less than 55
            pounds, including the weight of anything attached to or carried
            by the aircraft.
                ``(10) Test range.--The term `test range' means a defined
            geographic area where research and development are conducted as
            authorized by the Administrator of the Federal Aviation
            Administration, and includes any of the 6 test ranges
            established by the Administrator under section 332(c) of the FAA
            Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as
            in effect on the day before the date of enactment of the FAA
            Reauthorization Act of 2018, and any public entity authorized by
            the Federal Aviation Administration as an unmanned aircraft
            system flight test center before January 1, 2009.
                ``(11) Unmanned aircraft.--The term `unmanned aircraft'
            means an aircraft that is operated without the possibility of
            direct human intervention from within or on the aircraft.
                ``(12) Unmanned aircraft system.--The term `unmanned
            aircraft system' means an unmanned aircraft and associated
            elements (including communication links and the components that
            control the unmanned aircraft) that are required for the
            operator to operate safely and efficiently in the national
            airspace system.
                ``(13) UTM.--The term `UTM' means an unmanned aircraft
            system traffic management system or service.
    ``Sec. 44802. <<NOTE: 49 USC 44802.>>  Integration of civil
                        unmanned aircraft systems into national
                        airspace system

        ``(a) Required Planning for Integration.--
                ``(1) Comprehensive plan.--Not later than November 10, 2012,
            the Secretary of Transportation, in consultation with
            representatives of the aviation industry, Federal agencies that
            employ unmanned aircraft systems technology in the national
            airspace system, and the unmanned aircraft systems industry,
            shall develop a comprehensive plan to safely accelerate the
            integration of civil unmanned aircraft systems into the national
            airspace system.
                ``(2) Contents of plan.--The plan required under paragraph
            (1) shall contain, at a minimum, recommendations or projections
            on--
                        ``(A) the rulemaking to be conducted under
                    subsection (b), with specific recommendations on how the
                    rulemaking will--
                              ``(i) define the acceptable standards for
                          operation and certification of civil unmanned
                          aircraft systems;
                              ``(ii) ensure that any civil unmanned aircraft
                          system includes a sense-and-avoid capability; and
                              ``(iii) establish standards and requirements
                          for the operator and pilot of a civil unmanned
                          aircraft system, including standards and
                          requirements for registration and licensing;

    [[Page 132 STAT. 3286]]

                        ``(B) the best methods to enhance the technologies
                    and subsystems necessary to achieve the safe and routine
                    operation of civil unmanned aircraft systems in the
                    national airspace system;
                        ``(C) a phased-in approach to the integration of
                    civil unmanned aircraft systems into the national
                    airspace system;
                        ``(D) a timeline for the phased-in approach
                    described under subparagraph (C);
                        ``(E) creation of a safe airspace designation for
                    cooperative manned and unmanned flight operations in the
                    national airspace system;
                        ``(F) establishment of a process to develop
                    certification, flight standards, and air traffic
                    requirements for civil unmanned aircraft systems at test
                    ranges where such systems are subject to testing;
                        ``(G) the best methods to ensure the safe operation
                    of civil unmanned aircraft systems and public unmanned
                    aircraft systems simultaneously in the national airspace
                    system; and
                        ``(H) incorporation of the plan into the annual
                    NextGen Implementation Plan document (or any successor
                    document) of the Federal Aviation Administration.
                ``(3) Deadline.--The plan required under paragraph (1) shall
            provide for the safe integration of civil unmanned aircraft
            systems into the national airspace system as soon as
            practicable, but not later than September 30, 2015.
                ``(4) Report to congress.--Not later than February 14, 2013,
            the Secretary shall submit to Congress a copy of the plan
            required under paragraph (1).
                ``(5) Roadmap.--Not later than February 14, 2013, the
            Secretary shall approve and make available in print and on the
            Administration's internet website a 5-year roadmap for the
            introduction of civil unmanned aircraft systems into the
            national airspace system, as coordinated by the Unmanned
            Aircraft Program Office of the Administration. The Secretary
            shall update, in coordination with the Administrator of the
            National Aeronautics and Space Administration (NASA) and
            relevant stakeholders, including those in industry and academia,
            the roadmap annually. The roadmap shall include, at a minimum--
                        ``(A) cost estimates, planned schedules, and
                    performance benchmarks, including specific tasks,
                    milestones, and timelines, for unmanned aircraft systems
                    integration into the national airspace system, including
                    an identification of--
                              ``(i) the role of the unmanned aircraft
                          systems test ranges established under subsection
                          (c) and the Unmanned Aircraft Systems Center of
                          Excellence;
                              ``(ii) performance objectives for unmanned
                          aircraft systems that operate in the national
                          airspace system; and
                              ``(iii) research and development priorities
                          for tools that could assist air traffic
                          controllers as unmanned aircraft systems are
                          integrated into the national airspace system, as
                          appropriate;

    [[Page 132 STAT. 3287]]

                        ``(B) a description of how the Administration plans
                    to use research and development, including research and
                    development conducted through NASA's Unmanned Aircraft
                    Systems Traffic Management initiatives, to accommodate,
                    integrate, and provide for the evolution of unmanned
                    aircraft systems in the national airspace system;
                        ``(C) an assessment of critical performance
                    abilities necessary to integrate unmanned aircraft
                    systems into the national airspace system, and how these
                    performance abilities can be demonstrated; and
                        ``(D) an update on the advancement of technologies
                    needed to integrate unmanned aircraft systems into the
                    national airspace system, including decisionmaking by
                    adaptive systems, such as sense-and-avoid capabilities
                    and cyber physical systems security.

        ``(b) Rulemaking.--Not later than 18 months after the date on which
    the plan required under subsection (a)(1) is submitted to Congress under
    subsection (a)(4), the Secretary shall publish in the Federal Register--
                ``(1) a final rule on small unmanned aircraft systems that
            will allow for civil operation of such systems in the national
            airspace system, to the extent the systems do not meet the
            requirements for expedited operational authorization under
            section 44807;
                ``(2) a notice of proposed rulemaking to implement the
            recommendations of the plan required under subsection (a)(1),
            with the final rule to be published not later than 16 months
            after the date of publication of the notice; and
                ``(3) an update to the Administration's most recent policy
            statement on unmanned aircraft systems, contained in Docket No.
            FAA-2006-25714.''.

        (b) Technical and Conforming Amendments.--
                (1) Table of chapters.--The table of chapters for subtitle
            VII of title 49, United States Code, <<NOTE: 49 USC 44801
            prec.>>  is amended by inserting after the item relating to
            chapter 447 the following:

    ``448 . Unmanned aircraft systems...............................44801''.

                (2) Repeal.--Section 332 of the FAA Modernization and Reform
            Act of 2012 (49 U.S.C. 40101 note) and the item relating to that
            section in the table of contents under section 1(b) of that Act
            are repealed.
    SEC. 342. <<NOTE: 49 USC 44802 note.>>  UPDATE OF FAA
                            COMPREHENSIVE PLAN.

        (a) In General.--Not later than 270 days after the date of enactment
    of this Act, the Secretary of Transportation shall update the
    comprehensive plan described in section 44802 of title 49, United States
    Code, to develop a concept of operations for the integration of unmanned
    aircraft into the national airspace system.
        (b) Considerations.--In carrying out the update under subsection
    (a), the Secretary shall consider, at a minimum--
                (1) the potential use of UTM and other technologies to
            ensure the safe and lawful operation of unmanned aircraft in the
            national airspace system;
                (2) the appropriate roles, responsibilities, and authorities
            of government agencies and the private sector in identifying and
            reporting unlawful or harmful operations and operators of
            unmanned aircraft;

    [[Page 132 STAT. 3288]]

                (3) the use of models, threat assessments, probabilities,
            and other methods to distinguish between lawful and unlawful
            operations of unmanned aircraft; and
                (4) appropriate systems, training, intergovernmental
            processes, protocols, and procedures to mitigate risks and
            hazards posed by unlawful or harmful operations of unmanned
            aircraft systems.

        (c) Consultation.--The Secretary shall carry out the update under
    subsection (a) in consultation with representatives of the aviation
    industry, Federal agencies that employ unmanned aircraft systems
    technology in the national airspace system, and the unmanned aircraft
    systems industry.
        (d) Program Alignment Report.--Not later than 90 days after the date
    of enactment of this Act, the Secretary shall submit to the appropriate
    committees of Congress, a report that describes a strategy to--
                (1) avoid duplication;
                (2) leverage capabilities learned across programs;
                (3) support the safe integration of UAS into the national
            airspace; and
                (4) systematically and timely implement or execute--
                        (A) commercially-operated Low Altitude Authorization
                    and Notification Capability;
                        (B) the Unmanned Aircraft System Integration Pilot
                    Program; and
                        (C) the Unmanned Traffic Management Pilot Program.
    SEC. 343. UNMANNED AIRCRAFT TEST RANGES.

        (a) In General.--Chapter 448 of title 49, United States Code, as
    added by this Act, is further amended by adding at the end the
    following:
    ``Sec. 44803. <<NOTE: 49 USC 44803.>>  Unmanned aircraft test
                        ranges

        ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall carry out and update, as appropriate, a program for
    the use of the test ranges to facilitate the safe integration of
    unmanned aircraft systems into the national airspace system.
        ``(b) Program Requirements.--In carrying out the program under
    subsection (a), the Administrator shall--
                ``(1) designate airspace for safely testing the integration
            of unmanned flight operations in the national airspace system;
                ``(2) develop operational standards and air traffic
            requirements for unmanned flight operations at test ranges;
                ``(3) coordinate with, and leverage the resources of, the
            National Aeronautics and Space Administration and the Department
            of Defense;
                ``(4) address both civil and public unmanned aircraft
            systems;
                ``(5) ensure that the program is coordinated with relevant
            aspects of the Next Generation Air Transportation System;
                ``(6) provide for verification of the safety of unmanned
            aircraft systems and related navigation procedures as it relates
            to continued development of standards for integration into the
            national airspace system;
                ``(7) engage test range operators, as necessary and within
            available resources, in projects for research, development,

    [[Page 132 STAT. 3289]]

            testing, and evaluation of unmanned aircraft systems to
            facilitate the Federal Aviation Administration's development of
            standards for the safe integration of unmanned aircraft into the
            national airspace system, which may include solutions for--
                        ``(A) developing and enforcing geographic and
                    altitude limitations;
                        ``(B) providing for alerts by the manufacturer of an
                    unmanned aircraft system regarding any hazards or
                    limitations on flight, including prohibition on flight
                    as necessary;
                        ``(C) sense and avoid capabilities;
                        ``(D) beyond-visual-line-of-sight operations,
                    nighttime operations, operations over people, operation
                    of multiple small unmanned aircraft systems, and
                    unmanned aircraft systems traffic management, or other
                    critical research priorities; and
                        ``(E) improving privacy protections through the use
                    of advances in unmanned aircraft systems technology;
                ``(8) coordinate periodically with all test range operators
            to ensure test range operators know which data should be
            collected, what procedures should be followed, and what research
            would advance efforts to safely integrate unmanned aircraft
            systems into the national airspace system;
                ``(9) streamline to the extent practicable the approval
            process for test ranges when processing unmanned aircraft
            certificates of waiver or authorization for operations at the
            test sites;
                ``(10) require each test range operator to protect
            proprietary technology, sensitive data, or sensitive research of
            any civil or private entity when using that test range without
            the need to obtain an experimental or special airworthiness
            certificate;
                ``(11) allow test range operators to receive Federal
            funding, other than from the Federal Aviation Administration,
            including in-kind contributions, from test range participants in
            the furtherance of research, development, and testing
            objectives.

        ``(c) Waivers.--In carrying out this section the Administrator may
    waive the requirements of section 44711 of title 49, United States Code,
    including related regulations, to the extent consistent with aviation
    safety.
        ``(d) Review of Operations by Test Range Operators.--The operator of
    each test range under subsection (a) shall--
                ``(1) review the operations of unmanned aircraft systems
            conducted at the test range, including--
                        ``(A) ongoing or completed research; and
                        ``(B) data regarding operations by private and
                    public operators; and
                ``(2) submit to the Administrator, in such form and manner
            as specified by the Administrator, the results of the review,
            including recommendations to further enable private research and
            development operations at the test ranges that contribute to the
            Federal Aviation Administration's safe integration of unmanned
            aircraft systems into the national airspace system, on a
            quarterly basis until the program terminates.

        ``(e) Testing.--The Secretary of Transportation may authorize an
    operator of a test range described in subsection (a) to administer
    testing requirements established by the Administrator for unmanned
    aircraft systems operations.

    [[Page 132 STAT. 3290]]

        ``(f) Collaborative Research and Development Agreements.--The
    Administrator may use the other transaction authority under section
    106(l)(6) and enter into collaborative research and development
    agreements, to direct research related to unmanned aircraft systems,
    including at any test range under subsection (a), and in coordination
    with the Center of Excellence for Unmanned Aircraft Systems.
        ``(g) Use of Center of Excellence for Unmanned Aircraft Systems.--
    The Administrator, in carrying out research necessary to implement the
    consensus safety standards requirements in section 44805 shall, to the
    maximum extent practicable, leverage the research and testing capacity
    and capabilities of the Center of Excellence for Unmanned Aircraft
    Systems and the test ranges.
        ``(h) Termination.--The program under this section shall terminate
    on September 30, 2023.''.
        (b) Table of Contents.--The table of contents for chapter 448, as
    added by this Act, <<NOTE: 49 USC 44801 prec.>> is further amended by
    adding at the end the following:

    ``44803. Unmanned aircraft system test ranges.''.

    SEC. 344. SMALL UNMANNED AIRCRAFT IN THE ARCTIC.

        (a) In General.--Chapter 448 of title 49, United States Code, as
    added by this Act, is further amended by adding at the end the
    following:
    ``Sec. 44804. <<NOTE: 49 USC 44804.>>  Small unmanned aircraft in
                        the Arctic

        ``(a) In General.--The Secretary of Transportation shall develop a
    plan and initiate a process to work with relevant Federal agencies and
    national and international communities to designate permanent areas in
    the Arctic where small unmanned aircraft may operate 24 hours per day
    for research and commercial purposes.
        ``(b) Plan Contents.--The plan under subsection (a) shall include
    the development of processes to facilitate the safe operation of small
    unmanned aircraft beyond the visual line of sight.
        ``(c) Requirements.--Each permanent area designated under subsection
    (a) shall enable over-water flights from the surface to at least 2,000
    feet in altitude, with ingress and egress routes from selected coastal
    launch sites.
        ``(d) Agreements.--To implement the plan under subsection (a), the
    Secretary may enter into an agreement with relevant national and
    international communities.
        ``(e) Aircraft Approval.--
                ``(1) In general.--Subject to paragraph (2), not later than
            1 year after the entry into force of an agreement necessary to
            effectuate the purposes of this section, the Secretary shall
            work with relevant national and international communities to
            establish and implement a process for approving the use of a
            small unmanned aircraft in the designated permanent areas in the
            Arctic without regard to whether the small unmanned aircraft is
            used as a public aircraft, a civil aircraft, or a model
            aircraft.
                ``(2) Existing process.--The Secretary may implement an
            existing process to meet the requirements under paragraph
            (1).''.

    [[Page 132 STAT. 3291]]

        (b) Table of Contents.--The table of contents for chapter 448 of
    title 49, United States Code, as added by this Act, is further amended
    by adding at the end the following:

    ``44804. Small unmanned aircraft in the Arctic.''.

    SEC. 345. SMALL UNMANNED AIRCRAFT SAFETY STANDARDS.

        (a) In General.--Chapter 448 of title 49, United States Code, as
    added by this Act, is further amended by adding at the end the
    following:
    ``Sec. 44805. <<NOTE: 49 USC 44805.>>  Small Unmanned aircraft
                        safety standards

        ``(a) FAA Process for Acceptance and Authorization.--The
    Administrator of the Federal Aviation Administration shall establish a
    process for--
                ``(1) accepting risk-based consensus safety standards
            related to the design, production, and modification of small
            unmanned aircraft systems;
                ``(2) authorizing the operation of small unmanned aircraft
            system make and model designed, produced, or modified in
            accordance with the consensus safety standards accepted under
            paragraph (1);
                ``(3) authorizing a manufacturer to self-certify a small
            unmanned aircraft system make or model that complies with
            consensus safety standards accepted under paragraph (1); and
                ``(4) certifying a manufacturer of small unmanned aircraft
            systems, or an employee of such manufacturer, that has
            demonstrated compliance with the consensus safety standards
            accepted under paragraph (1) and met any other qualifying
            criteria, as determined by the Administrator, to alternatively
            satisfy the requirements of paragraph (1).

        ``(b) Considerations.--Before accepting consensus safety standards
    under subsection (a), the Administrator of the Federal Aviation
    Administration shall consider the following:
                ``(1) Technologies or standards related to geographic
            limitations, altitude limitations, and sense and avoid
            capabilities.
                ``(2) Using performance-based requirements.
                ``(3) Assessing varying levels of risk posed by different
            small unmanned aircraft systems and their operation and
            tailoring performance-based requirements to appropriately
            mitigate risk.
                ``(4) Predetermined action to maintain safety in the event
            that a communications link between a small unmanned aircraft and
            its operator is lost or compromised.
                ``(5) Detectability and identifiability to pilots, the
            Federal Aviation Administration, and air traffic controllers, as
            appropriate.
                ``(6) Means to prevent tampering with or modification of any
            system, limitation, or other safety mechanism or standard under
            this section or any other provision of law, including a means to
            identify any tampering or modification that has been made.
                ``(7) Consensus identification standards under section 2202
            of the FAA Extension, Safety, and Security Act of 2016 (Public
            Law 114-190; 130 Stat. 615).
                ``(8) To the extent not considered previously by the
            consensus body that crafted consensus safety standards, cost-
            benefit and risk analyses of consensus safety standards that may

    [[Page 132 STAT. 3292]]

            be accepted pursuant to subsection (a) for newly designed small
            unmanned aircraft systems.
                ``(9) Applicability of consensus safety standards to small
            unmanned aircraft systems that are not manufactured
            commercially.
                ``(10) Any technology or standard related to small unmanned
            aircraft systems that promotes aviation safety.
                ``(11) Any category of unmanned aircraft systems that should
            be exempt from the consensus safety standards based on risk
            factors.

        ``(e) Nonapplicability of Other Laws.--The process for authorizing
    the operation of small unmanned aircraft systems under subsection (a)
    may allow for operation of any applicable small unmanned aircraft
    systems within the national airspace system without requiring--
                ``(1) airworthiness certification requirements under section
            44704 of this title; or
                ``(2) type certification under part 21 of title 14, Code of
            Federal Regulations.

        ``(f) Revocation.--The Administrator may suspend or revoke the
    authorizations in subsection (a) if the Administrator determines that
    the manufacturer or the small unmanned aircraft system is no longer in
    compliance with the standards accepted by the Administrator under
    subsection (a)(1) or with the manufacturer's statement of compliance
    under subsection (h).
        ``(g) Requirements.--With regard to an authorization under the
    processes in subsection (a), the Administrator may require a
    manufacturer of small unmanned aircraft systems to provide the Federal
    Aviation Administration with the following:
                ``(1) The aircraft system's operating instructions.
                ``(2) The aircraft system's recommended maintenance and
            inspection procedures.
                ``(3) The manufacturer's statement of compliance described
            in subsection (h).
                ``(4) Upon request, a sample aircraft to be inspected by the
            Federal Aviation Administration to ensure compliance with the
            consensus safety standards accepted by the Administrator under
            subsection (a).

        ``(h) Manufacturer's Statement of Compliance for Small UAS.--A
    manufacturer's statement of compliance shall--
                ``(1) identify the aircraft make, model, range of serial
            numbers, and any applicable consensus safety standards used and
            accepted by the Administrator;
                ``(2) state that the aircraft make and model meets the
            provisions of the consensus safety standards identified in
            paragraph (1);
                ``(3) state that the aircraft make and model conforms to the
            manufacturer's design data and is manufactured in a way that
            ensures consistency across units in the production process in
            order to meet the applicable consensus safety standards accepted
            by the Administrator;
                ``(4) state that the manufacturer will make available to the
            Administrator, operators, or customers--
                        ``(A) the aircraft's operating instructions, which
                    conform to the consensus safety standards identified in
                    paragraph (1); and

    [[Page 132 STAT. 3293]]

                        ``(B) the aircraft's recommended maintenance and
                    inspection procedures, which conform to the consensus
                    safety standards identified in paragraph (1);
                ``(5) state that the manufacturer will monitor safety-of-
            flight issues and take action to ensure it meets the consensus
            safety standards identified in paragraph (1) and report these
            issues and subsequent actions to the Administrator;
                ``(6) state that at the request of the Administrator, the
            manufacturer will provide reasonable access for the
            Administrator to its facilities for the purposes of overseeing
            compliance with this section; and
                ``(7) state that the manufacturer, in accordance with the
            consensus safety standards accepted by the Federal Aviation
            Administration, has--
                        ``(A) ground and flight tested random samples of the
                    aircraft;
                        ``(B) found the sample aircraft performance
                    acceptable; and
                        ``(C) determined that the make and model of aircraft
                    is suitable for safe operation.

        ``(i) Prohibitions.--
                ``(1) False statements of compliance.--It shall be unlawful
            for any person to knowingly submit a statement of compliance
            described in subsection (h) that is fraudulent or intentionally
            false.
                ``(2) Introduction into interstate commerce.--Unless the
            Administrator determines operation of an unmanned aircraft
            system may be conducted without an airworthiness certificate or
            permission, authorization, or approval under subsection (a), it
            shall be unlawful for any person to knowingly introduce or
            deliver for introduction into interstate commerce any small
            unmanned aircraft system that is manufactured after the date
            that the Administrator accepts consensus safety standards under
            this section unless--
                        ``(A) the make and model has been authorized for
                    operation under subsection (a); or
                        ``(B) the aircraft has alternatively received design
                    and production approval issued by the Federal Aviation
                    Administration.

        ``(j) Exclusions.--The Administrator may exempt from the
    requirements of this section small unmanned aircraft systems that are
    not capable of navigating beyond the visual line of sight of the
    operator through advanced flight systems and technology, if the
    Administrator determines that such an exemption does not pose a risk to
    the safety of the national airspace system.''.
        (b) <<NOTE: 49 USC 44805 note.>>  Unmanned Aircraft Systems Research
    Facility.--The Center of Excellence for Unmanned Aircraft Systems shall
    establish an unmanned aircraft systems research facility to study
    appropriate safety standards for unmanned aircraft systems and to
    validate such standards, as directed by the Administrator of the Federal
    Aviation Administration, consistent with section 44805 of title 49,
    United States Code, as added by this section.

        (c) Table of Contents.--The table of contents for chapter 448 of
    title 49, United States Code, as added by this Act, is further amended
    by adding at the end the following:

    ``44805. Small unmanned aircraft safety standards.''.

    [[Page 132 STAT. 3294]]

    SEC. 346. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

        (a) In General.--Chapter 448 of title 49, United States Code, as
    added by this Act, is further amended by adding at the end the
    following:
    ``Sec. 44806. <<NOTE: 49 USC 44806.>> Public unmanned aircraft
                        systems

        ``(a) Guidance.--The Secretary of Transportation shall issue
    guidance regarding the operation of a public unmanned aircraft system--
                ``(1) to streamline and expedite the process for the
            issuance of a certificate of authorization or a certificate of
            waiver;
                ``(2) to facilitate the capability of public agencies to
            develop and use test ranges, subject to operating restrictions
            required by the Federal Aviation Administration, to test and
            operate public unmanned aircraft systems; and
                ``(3) to provide guidance on a public agency's
            responsibilities when operating an unmanned aircraft without a
            civil airworthiness certificate issued by the Administration.

        ``(b) Agreements With Government Agencies.--
                ``(1) In general.--The Secretary shall enter into an
            agreement with each appropriate public agency to simplify the
            process for issuing a certificate of waiver or a certificate of
            authorization with respect to an application for authorization
            to operate a public unmanned aircraft system in the national
            airspace system.
                ``(2) Contents.--An agreement under paragraph (1) shall--
                        ``(A) with respect to an application described in
                    paragraph (1)--
                              ``(i) provide for an expedited review of the
                          application;
                              ``(ii) require a decision by the Administrator
                          on approval or disapproval not later than 60
                          business days after the date of submission of the
                          application; and
                              ``(iii) allow for an expedited appeal if the
                          application is disapproved;
                        ``(B) allow for a one-time approval of similar
                    operations carried out during a fixed period of time;
                    and
                        ``(C) allow a government public safety agency to
                    operate an unmanned aircraft weighing 4.4 pounds or less
                    if that unmanned aircraft is operated--
                              ``(i) within or beyond the visual line of
                          sight of the operator;
                              ``(ii) less than 400 feet above the ground;
                              ``(iii) during daylight conditions;
                              ``(iv) within Class G airspace; and
                              ``(v) outside of 5 statute miles from any
                          airport, heliport, seaplane base, spaceport, or
                          other location with aviation activities.

        ``(c) Public Actively Tethered Unmanned Aircraft Systems.--
                ``(1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Administrator of the Federal Aviation
            Administration shall permit the use of, and may issue guidance
            regarding, the use of public actively tethered unmanned aircraft
            systems that are--

    [[Page 132 STAT. 3295]]

                        ``(A) operated at an altitude of less than 150 feet
                    above ground level;
                        ``(B) operated--
                              ``(i) within class G airspace; or
                              ``(ii) at or below the ceiling depicted on the
                          Federal Aviation Administration's published UAS
                          facility maps for class B, C, D, or E surface area
                          airspace;
                        ``(C) not flown directly over non-participating
                    persons;
                        ``(D) operated within visual line of sight of the
                    operator; and
                        ``(E) operated in a manner that does not interfere
                    with and gives way to any other aircraft.
                ``(2) Requirements.--Public actively tethered unmanned
            aircraft systems may be operated --
                        ``(A) without any requirement to obtain a
                    certificate of authorization, certificate of waiver, or
                    other approval by the Federal Aviation Administration;
                        ``(B) without requiring airman certification under
                    section 44703 of this title or any rule or regulation
                    relating to airman certification; and
                        ``(C) without requiring airworthiness certification
                    under section 44704 of this title or any rule or
                    regulation relating to aircraft certification.
                ``(3) Safety standards.--Public actively tethered unmanned
            aircraft systems operated within the scope of the guidance
            issued pursuant to paragraph (1) shall be exempt from the
            requirements of section 44805 of this title.
                ``(4) Savings provision.--Nothing in this subsection shall
            be construed to preclude the Administrator of the Federal
            Aviation Administration from issuing new regulations for public
            actively tethered unmanned aircraft systems in order to ensure
            the safety of the national airspace system.

        ``(d) Federal Agency Coordination to Enhance the Public Health and
    Safety Capabilities of Public Unmanned Aircraft Systems.--The
    Administrator shall assist Federal civilian Government agencies that
    operate unmanned aircraft systems within civil-controlled airspace, in
    operationally deploying and integrating sense and avoid capabilities, as
    necessary to operate unmanned aircraft systems safely within the
    national airspace system.''.
        (b) Technical and Conforming Amendments.--
                (1) Table of contents.--The table of contents for chapter
            448 of title 49, United States Code, as added by this Act, is
            further amended by adding at the end the following:

    ``44806. Public unmanned aircraft systems.''.

                (2) Public unmanned aircraft systems.--Section 334 of the
            FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
            and the item relating to that section in the table of contents
            under section 1(b) of that Act (126 Stat. 13) are repealed.
                (3) Facilitating interagency cooperation.--Section 2204(a)
            of the FAA Extension, Safety, and Security Act of 2016 (Public
            Law 114-190; 130 Stat. 615) <<NOTE: 49 USC 40101 note.>>  is
            amended by striking ``section 334(c) of the FAA Modernization
            and Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
            ``section 44806 of title 49, United States Code''.

    [[Page 132 STAT. 3296]]

    SEC. 347. SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.

        (a) In General.--Chapter 448 of title 49, United States Code, as
    added by this Act, is further amended by adding at the end the
    following:
    ``Sec. 44807. <<NOTE: 49 USC 44807.>>  Special authority for
                        certain unmanned aircraft systems

        ``(a) In General.--Notwithstanding any other requirement of this
    chapter, the Secretary of Transportation shall use a risk-based approach
    to determine if certain unmanned aircraft systems may operate safely in
    the national airspace system notwithstanding completion of the
    comprehensive plan and rulemaking required by section 44802 or the
    guidance required by section 44806.
        ``(b) Assessment of Unmanned Aircraft Systems.--In making the
    determination under subsection (a), the Secretary shall determine, at a
    minimum--
                ``(1) which types of unmanned aircraft systems, if any, as a
            result of their size, weight, speed, operational capability,
            proximity to airports and populated areas, operation over
            people, and operation within or beyond the visual line of sight,
            or operation during the day or night, do not create a hazard to
            users of the national airspace system or the public; and
                ``(2) whether a certificate under section 44703 or section
            44704 of this title, or a certificate of waiver or certificate
            of authorization, is required for the operation of unmanned
            aircraft systems identified under paragraph (1) of this
            subsection.

        ``(c) Requirements for Safe Operation.--If the Secretary determines
    under this section that certain unmanned aircraft systems may operate
    safely in the national airspace system, the Secretary shall establish
    requirements for the safe operation of such aircraft systems in the
    national airspace system, including operation related to research,
    development, and testing of proprietary systems.
        ``(d) Sunset.--The authority under this section for the Secretary to
    determine if certain unmanned aircraft systems may operate safely in the
    national airspace system terminates effective September 30, 2023.''.
        (b) Technical and Conforming Amendments.--
                (1) Table of contents.--The table of contents for chapter
            448, as added by this Act, <<NOTE: 49 USC 44801 prec.>> is
            further amended by adding at the end the following:

    ``44807. Special authority for certain unmanned aircraft systems.''.

                (2) Special rules for certain unmanned aircraft systems.--
            Section 333 of the FAA Modernization and Reform Act of 2012 (49
            U.S.C. 40101 note) and the item relating to that section in the
            table of contents under section 1(b) of that Act (126 Stat. 13)
            are repealed.
    SEC. 348. CARRIAGE OF PROPERTY BY SMALL UNMANNED AIRCRAFT SYSTEMS
                            FOR COMPENSATION OR HIRE.

        (a) In General.--Chapter 448 of title 49, United States Code, as
    added by this Act, is further amended by adding at the end the
    following:

    [[Page 132 STAT. 3297]]

    ``Sec. 44808. <<NOTE: 49 USC 44808.>> Carriage of property by
                        small unmanned aircraft systems for
                        compensation or hire

        ``(a) In General.--Not later than 1 year after the date of enactment
    of the FAA Reauthorization Act of 2018, the Administrator of the Federal
    Aviation Administration shall update existing regulations to authorize
    the carriage of property by operators of small unmanned aircraft systems
    for compensation or hire within the United States.
        ``(b) Contents.--Any rulemaking conducted under subsection (a) shall
    provide for the following:
                ``(1) Use performance-based requirements.
                ``(2) Consider varying levels of risk to other aircraft and
            to persons and property on the ground posed by different
            unmanned aircraft systems and their operation and tailor
            performance-based requirements to appropriately mitigate risk.
                ``(3) Consider the unique characteristics of highly
            automated, small unmanned aircraft systems.
                ``(4) Include requirements for the safe operation of small
            unmanned aircraft systems that, at a minimum, address--
                        ``(A) airworthiness of small unmanned aircraft
                    systems;
                        ``(B) qualifications for operators and the type and
                    nature of the operations;
                        ``(C) operating specifications governing the type
                    and nature of the unmanned aircraft system air carrier
                    operations; and
                        ``(D) the views of State, local, and tribal
                    officials related to potential impacts of the carriage
                    of property by operators of small unmanned aircraft
                    systems for compensation or hire within the communities
                    to be served.
                ``(5) Small uas.--The Secretary may amend part 298 of title
            14, Code of Federal Regulations, to update existing regulations
            to establish economic authority for the carriage of property by
            small unmanned aircraft systems for compensation or hire. Such
            authority shall only require--
                        ``(A) registration with the Department of
                    Transportation;
                        ``(B) authorization from the Federal Aviation
                    Administration to conduct operations; and
                        ``(C) compliance with chapters 401, 411, and 417.
                ``(6) Availability of current certification processes.--
            Pending completion of the rulemaking required in subsection (a)
            of this section, a person may seek an air carrier operating
            certificate and certificate of public convenience and necessity,
            or an exemption from such certificate, using existing
            processes.''.

        (b) Table of Contents.--The table of contents for chapter 448 of
    title 49, United States Code, as added by this Act, <<NOTE: 49 USC 44801
    prec.>>  is further amended by adding at the end the following:

    ``44808. Carriage of property by small unmanned aircraft systems for
               compensation or hire.''.

    SEC. 349. EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS OF
                            UNMANNED AIRCRAFT.

        (a) In General.--Chapter 448 of title 49, United States Code, as
    added by this Act, is further amended by adding at the end the
    following:

    [[Page 132 STAT. 3298]]

    ``Sec. 44809. <<NOTE: 49 USC 44809.>>  Exception for limited
                        recreational operations of unmanned aircraft

        ``(a) In General.--Except as provided in subsection (e), and
    notwithstanding chapter 447 of title 49, United States Code, a person
    may operate a small unmanned aircraft without specific certification or
    operating authority from the Federal Aviation Administration if the
    operation adheres to all of the following limitations:
                ``(1) The aircraft is flown strictly for recreational
            purposes.
                ``(2) The aircraft is operated in accordance with or within
            the programming of a community-based organization's set of
            safety guidelines that are developed in coordination with the
            Federal Aviation Administration.
                ``(3) The aircraft is flown within the visual line of sight
            of the person operating the aircraft or a visual observer co-
            located and in direct communication with the operator.
                ``(4) The aircraft is operated in a manner that does not
            interfere with and gives way to any manned aircraft.
                ``(5) In Class B, Class C, or Class D airspace or within the
            lateral boundaries of the surface area of Class E airspace
            designated for an airport, the operator obtains prior
            authorization from the Administrator or designee before
            operating and complies with all airspace restrictions and
            prohibitions.
                ``(6) In Class G airspace, the aircraft is flown from the
            surface to not more than 400 feet above ground level and
            complies with all airspace restrictions and prohibitions.
                ``(7) The operator has passed an aeronautical knowledge and
            safety test described in subsection (g) and maintains proof of
            test passage to be made available to the Administrator or law
            enforcement upon request.
                ``(8) The aircraft is registered and marked in accordance
            with chapter 441 of this title and proof of registration is made
            available to the Administrator or a designee of the
            Administrator or law enforcement upon request.

        ``(b) Other Operations.--Unmanned aircraft operations that do not
    conform to the limitations in subsection (a) must comply with all
    statutes and regulations generally applicable to unmanned aircraft and
    unmanned aircraft systems.
        ``(c) Operations at Fixed Sites.--
                ``(1) Operating procedure required.--Persons operating
            unmanned aircraft under subsection (a) from a fixed site within
            Class B, Class C, or Class D airspace or within the lateral
            boundaries of the surface area of Class E airspace designated
            for an airport, or a community-based organization conducting a
            sanctioned event within such airspace, shall make the location
            of the fixed site known to the Administrator and shall establish
            a mutually agreed upon operating procedure with the air traffic
            control facility.
                ``(2) Unmanned aircraft weighing more than 55 pounds.--A
            person may operate an unmanned aircraft weighing more than 55
            pounds, including the weight of anything attached to or carried
            by the aircraft, under subsection (a) if--
                        ``(A) the unmanned aircraft complies with standards
                    and limitations developed by a community-based
                    organization and approved by the Administrator; and

    [[Page 132 STAT. 3299]]

                        ``(B) the aircraft is operated from a fixed site as
                    described in paragraph (1).

        ``(d) Updates.--
                ``(1) In general.--The Administrator, in consultation with
            government, stakeholders, and community-based organizations,
            shall initiate a process to periodically update the operational
            parameters under subsection (a), as appropriate.
                ``(2) Considerations.--In updating an operational parameter
            under paragraph (1), the Administrator shall consider--
                        ``(A) appropriate operational limitations to
                    mitigate risks to aviation safety and national security,
                    including risk to the uninvolved public and critical
                    infrastructure;
                        ``(B) operations outside the membership, guidelines,
                    and programming of a community-based organization;
                        ``(C) physical characteristics, technical standards,
                    and classes of aircraft operating under this section;
                        ``(D) trends in use, enforcement, or incidents
                    involving unmanned aircraft systems;
                        ``(E) ensuring, to the greatest extent practicable,
                    that updates to the operational parameters correspond
                    to, and leverage, advances in technology; and
                        ``(F) equipage requirements that facilitate safe,
                    efficient, and secure operations and further integrate
                    all unmanned aircraft into the national airspace system.
                ``(3) Savings clause.--Nothing in this subsection shall be
            construed as expanding the authority of the Administrator to
            require a person operating an unmanned aircraft under this
            section to seek permissive authority of the Administrator,
            beyond that required in subsection (a) of this section, prior to
            operation in the national airspace system.

        ``(e) Statutory Construction.--Nothing in this section shall be
    construed to limit the authority of the Administrator to pursue an
    enforcement action against a person operating any unmanned aircraft who
    endangers the safety of the national airspace system.
        ``(f) Exceptions.--Nothing in this section prohibits the
    Administrator from promulgating rules generally applicable to unmanned
    aircraft, including those unmanned aircraft eligible for the exception
    set forth in this section, relating to--
                ``(1) updates to the operational parameters for unmanned
            aircraft in subsection (a);
                ``(2) the registration and marking of unmanned aircraft;
                ``(3) the standards for remotely identifying owners and
            operators of unmanned aircraft systems and associated unmanned
            aircraft; and
                ``(4) other standards consistent with maintaining the safety
            and security of the national airspace system.

        ``(g) Aeronautical Knowledge and Safety Test.--
                ``(1) In general.--Not later than 180 days after the date of
            enactment of this section, the Administrator, in consultation
            with manufacturers of unmanned aircraft systems, other industry
            stakeholders, and community-based organizations, shall develop
            an aeronautical knowledge and safety test, which can then be
            administered electronically by the Administrator, a community-
            based organization, or a person designated by the Administrator.

    [[Page 132 STAT. 3300]]

                ``(2) Requirements.--The Administrator shall ensure the
            aeronautical knowledge and safety test is designed to adequately
            demonstrate an operator's--
                        ``(A) understanding of aeronautical safety
                    knowledge; and
                        ``(B) knowledge of Federal Aviation Administration
                    regulations and requirements pertaining to the operation
                    of an unmanned aircraft system in the national airspace
                    system.

        ``(h) Community-based Organization Defined.--In this section, the
    term `community-based organization' means a membership-based association
    entity that--
                ``(1) is described in section 501(c)(3) of the Internal
            Revenue Code of 1986;
                ``(2) is exempt from tax under section 501(a) of the
            Internal Revenue Code of 1986;
                ``(3) the mission of which is demonstrably the furtherance
            of model aviation;
                ``(4) provides a comprehensive set of safety guidelines for
            all aspects of model aviation addressing the assembly and
            operation of model aircraft and that emphasize safe
            aeromodelling operations within the national airspace system and
            the protection and safety of individuals and property on the
            ground, and may provide a comprehensive set of safety rules and
            programming for the operation of unmanned aircraft that have the
            advanced flight capabilities enabling active, sustained, and
            controlled navigation of the aircraft beyond visual line of
            sight of the operator;
                ``(5) provides programming and support for any local charter
            organizations, affiliates, or clubs; and
                ``(6) provides assistance and support in the development and
            operation of locally designated model aircraft flying sites.

        ``(i) Recognition of Community-based Organizations.--In
    collaboration with aeromodelling stakeholders, the Administrator shall
    publish an advisory circular within 180 days of the date of enactment of
    this section that identifies the criteria and process required for
    recognition of community-based organizations.''.
        (b) Technical and Conforming Amendments.--
                (1) Table of contents.--The table of contents for chapter
            448 of title 49, United States Code, as added <<NOTE: 49 USC
            44801 prec.>>  by this Act, is further amended by adding at the
            end the following:

    ``44809. Exception for limited recreational operations of unmanned
               aircraft.''.

                (2) Repeal.--Section 336 of the FAA Modernization and Reform
            Act of 2012 (49 U.S.C. 40101 note) and the item relating to that
            section in the table of contents under section 1(b) of that Act
            are repealed.
    SEC. 350. <<NOTE: 49 USC 44809 note.>>  USE OF UNMANNED AIRCRAFT
                            SYSTEMS AT INSTITUTIONS OF HIGHER
                            EDUCATION.

        (a) Educational and Research Purposes.--For the purposes of section
    44809 of title 49, United States Code, as added by this Act, a
    ``recreational purpose'' as distinguished in subsection (a)(1) of such
    section shall include an unmanned aircraft system operated by an
    institution of higher education for educational or research purposes.

    [[Page 132 STAT. 3301]]

        (b) Updates.--In updating an operational parameter under subsection
    (d)(1) of such section for unmanned aircraft systems operated by an
    institution of higher education for educational or research purposes,
    the Administrator shall consider--
                (1) use of small unmanned aircraft systems and operations at
            an accredited institution of higher education, for educational
            or research purposes, as a component of the institution's
            curricula or research;
                (2) the development of streamlined, risk-based operational
            approval for unmanned aircraft systems operated by institutions
            of higher education; and
                (3) the airspace and aircraft operators that may be affected
            by such operations at the institution of higher education.

        (c) Deadline for Establishment of Procedures and Standards.--Not
    later than 270 days after the date of enactment of this Act, the
    Administrator of the Federal Aviation Administration may establish
    regulations, procedures, and standards, as necessary, to facilitate the
    safe operation of unmanned aircraft systems operated by institutions of
    higher education for educational or research purposes.
        (d) Definitions.--In this section:
                (1) Institution of higher education.--The term ``institution
            of higher education'' has the meaning given to that term by
            section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a)).
                (2) Educational or research purposes.--The term ``education
            or research purposes'', with respect to the operation of an
            unmanned aircraft system by an institution of higher education,
            includes--
                        (A) instruction of students at the institution;
                        (B) academic or research related uses of unmanned
                    aircraft systems that have been approved by the
                    institution, including Federal research;
                        (C) activities undertaken by the institution as part
                    of research projects, including research projects
                    sponsored by the Federal Government; and
                        (D) other academic activities approved by the
                    institution.

        (e) Statutory Construction.--
                (1) Enforcement.--Nothing in this section shall be construed
            to limit the authority of the Administrator to pursue an
            enforcement action against a person operating any unmanned
            aircraft who endangers the safety of the national airspace
            system.
                (2) Regulations and standards.--Nothing in this section
            prohibits the Administrator from promulgating any rules or
            standards consistent with maintaining the safety and security of
            the national airspace system.
    SEC. 351. <<NOTE: 49 USC 44802 note.>>  UNMANNED AIRCRAFT SYSTEMS
                            INTEGRATION PILOT PROGRAM.

        (a) Authority.--The Secretary of Transportation may establish a
    pilot program to enable enhanced drone operations as required in the
    October 25, 2017 Presidential Memorandum entitled ``Unmanned Aircraft
    Systems Integration Pilot Program'' and described in 82 Federal Register
    50301.

    [[Page 132 STAT. 3302]]

        (b) Applications.--The Secretary shall accept applications from
    State, local, and Tribal governments, in partnership with unmanned
    aircraft system operators and other private-sector stakeholders, to test
    and evaluate the integration of civil and public UAS operations into the
    low-altitude national airspace system.
        (c) Objectives.--The purpose of the pilot program is to accelerate
    existing UAS integration plans by working to solve technical,
    regulatory, and policy challenges, while enabling advanced UAS
    operations in select areas subject to ongoing safety oversight and
    cooperation between the Federal Government and applicable State, local,
    or Tribal jurisdictions, in order to--
                (1) accelerate the safe integration of UAS into the NAS by
            testing and validating new concepts of beyond visual line of
            sight operations in a controlled environment, focusing on detect
            and avoid technologies, command and control links, navigation,
            weather, and human factors;
                (2) address ongoing concerns regarding the potential
            security and safety risks associated with UAS operating in close
            proximity to human beings and critical infrastructure by
            ensuring that operators communicate more effectively with
            Federal, State, local, and Tribal law enforcement to enable law
            enforcement to determine if a UAS operation poses such a risk;
                (3) promote innovation in and development of the United
            States unmanned aviation industry, especially in sectors such as
            agriculture, emergency management, inspection, and
            transportation safety, in which there are significant public
            benefits to be gained from the deployment of UAS; and
                (4) identify the most effective models of balancing local
            and national interests in UAS integration.

        (d) Application Submission.--The Secretary shall establish
    application requirements and require applicants to include the following
    information:
                (1) Identification of the airspace to be used, including
            shape files and altitudes.
                (2) Description of the types of planned operations.
                (3) Identification of stakeholder partners to test and
            evaluate planned operations.
                (4) Identification of available infrastructure to support
            planned operations.
                (5) Description of experience with UAS operations and
            regulations.
                (6) Description of existing UAS operator and any other
            stakeholder partnerships and experience.
                (7) Description of plans to address safety, security,
            competition, privacy concerns, and community outreach.

        (e) Monitoring and Enforcement of Limitations.--
                (1) In general.--Monitoring and enforcement of any
            limitations enacted pursuant to this pilot project shall be the
            responsibility of the jurisdiction.
                (2) Savings provision.--Nothing in paragraph (1) may be
            construed to prevent the Secretary from enforcing Federal law.
                (3) Examples of limitations.--Limitations under this section
            may include--

    [[Page 132 STAT. 3303]]

                        (A) prohibiting flight during specified morning and
                    evening rush hours or only permitting flight during
                    specified hours such as daylight hours, sufficient to
                    ensure reasonable airspace access;
                        (B) establishing designated take-off and landing
                    zones, limiting operations over moving locations or
                    fixed site public road and parks, sidewalks or private
                    property based on zoning density, or other land use
                    considerations;
                        (C) requiring notice to public safety or zoning or
                    land use authorities before operating; and
                        (D) prohibiting operations in connection with
                    community or sporting events that do not remain in one
                    place (for example, parades and running events).

        (f) Selection Criteria.--In making determinations, the Secretary
    shall evaluate whether applications meet or exceed the following
    criteria:
                (1) Overall economic, geographic, and climatic diversity of
            the selected jurisdictions.
                (2) Overall diversity of the proposed models of government
            involvement.
                (3) Overall diversity of the UAS operations to be conducted.
                (4) The location of critical infrastructure.
                (5) The involvement of commercial entities in the proposal
            and their ability to advance objectives that may serve the
            public interest as a result of further integration of UAS into
            the NAS.
                (6) The involvement of affected communities in, and their
            support for, participating in the pilot program.
                (7) The commitment of the governments and UAS operators
            involved in the proposal to comply with requirements related to
            national defense, homeland security, and public safety and to
            address competition, privacy, and civil liberties concerns.
                (8) The commitment of the governments and UAS operators
            involved in the proposal to achieve the following policy
            objectives:
                        (A) Promoting innovation and economic development.
                        (B) Enhancing transportation safety.
                        (C) Enhancing workplace safety.
                        (D) Improving emergency response and search and
                    rescue functions.
                        (E) Using radio spectrum efficiently and
                    competitively.

        (g) Implementation.--The Secretary shall use the data collected and
    experience gained over the course of this pilot program to--
                (1) identify and resolve technical challenges to UAS
            integration;
                (2) address airspace use to safely and efficiently integrate
            all aircraft;
                (3) inform operational standards and procedures to improve
            safety (for example, detect and avoid capabilities, navigation
            and altitude performance, and command and control link);
                (4) inform FAA standards that reduce the need for waivers
            (for example, for operations over human beings, night
            operations, and beyond visual line of sight); and
                (5) address competing interests regarding UAS operational
            expansion, safety, security, roles and responsibilities of non-
            Federal Government entities, and privacy issues.

    [[Page 132 STAT. 3304]]

        (h) Notification.--Prior to initiating any additional rounds of
    agreements with State, local, or Tribal governments as part of the pilot
    program established under subsection (a), the Secretary shall notify the
    Committee on Transportation and Infrastructure and the Committee on
    Appropriations of the House of Representatives and the Committee on
    Commerce, Science, and Transportation and the Committee on
    Appropriations in the Senate.
        (i) Sunset.--The pilot program established under subsection (a)
    shall terminate 3 years after the date on which the memorandum
    referenced in subsection (a) is signed by the President.
        (j) Savings Clause.--Nothing in this section shall affect any
    proposals, selections, imposition of conditions, operations, or other
    decisions made--
                (1) under the pilot program developed by the Secretary of
            Transportation pursuant to the Presidential memorandum titled
            ``Unmanned Aircraft Systems Integration Pilot Program'', as
            published in the Federal Register on October 30, 2017 (82 Fed.
            Reg. 50301); and
                (2) prior to the date of enactment of this Act.

        (k) Definitions.--In this section:
                (1) The term ``Lead Applicant'' means an eligible State,
            local or Tribal government that has submitted a timely
            application.
                (2) The term ``NAS'' means the low-altitude national
            airspace system.
                (3) The term ``UAS'' means unmanned aircraft system.
    SEC. 352. PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVEMENTS.

        (a) Transparency.--Not later than 30 days after the date of
    enactment of this Act, the Administrator shall publish on the FAA
    website a representative sample of the safety justifications, offered by
    applicants for small unmanned aircraft system waivers and airspace
    authorizations, that have been approved by the Administration for each
    regulation waived or class of airspace authorized, except that any
    published justification shall not reveal proprietary or commercially
    sensitive information.
        (b) Technology Improvements.--Not later than 90 days after the date
    of enactment of this Act, the Administrator shall revise the online
    waiver and certificates of authorization processes--
                (1) to provide real time confirmation that an application
            filed online has been received by the Administration; and
                (2) to provide an applicant with an opportunity to review
            the status of the applicant's application.
    SEC. 353. <<NOTE: 49 USC 44802 note.>>  EMERGENCY EXEMPTION
                            PROCESS.

        (a) Sense of Congress.--It is the sense of Congress that the use of
    unmanned aircraft systems by civil and public operators--
                (1) is an increasingly important tool in response to a
            catastrophe, disaster, or other emergency;
                (2) helps facilitate emergency response operations, such as
            firefighting and search and rescue; and
                (3) helps facilitate post-catastrophic response operations,
            such as utility and infrastructure restoration efforts and the
            safe and prompt processing, adjustment, and payment of insurance
            claims.

        (b) Updates.--The Administrator shall, as necessary, update and
    improve the Special Government Interest process described

    [[Page 132 STAT. 3305]]

    in chapter 7 of Federal Aviation Administration Order JO 7200.23A to
    ensure that civil and public operators, including local law enforcement
    agencies and first responders, continue to use unmanned aircraft system
    operations quickly and efficiently in response to a catastrophe,
    disaster, or other emergency.
        (c) Best Practices.--The Administrator shall develop best practices
    for the use of unmanned aircraft systems by States and localities to
    respond to a catastrophe, disaster, or other emergency response and
    recovery operation.
    SEC. 354. <<NOTE: 49 USC 44802 note.>> TREATMENT OF UNMANNED
                            AIRCRAFT OPERATING UNDERGROUND.

        An unmanned aircraft system that is operated underground for mining
    purposes shall not be subject to regulation or enforcement by the FAA
    under title 49, United States Code.
    SEC. 355. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.

        (a) Public UAS Operations by Tribal Governments.--Section
    40102(a)(41) of title 49, United States Code, is amended by adding at
    the end the following:
                        ``(F) An unmanned aircraft that is owned and
                    operated by, or exclusively leased for at least 90
                    continuous days by, an Indian Tribal government, as
                    defined in section 102 of the Robert T. Stafford
                    Disaster Relief and Emergency Assistance Act (42 U.S.C.
                    5122), except as provided in section 40125(b).''.

        (b) Conforming Amendment.--Section 40125(b) of title 49, United
    States Code, is amended by striking ``or (D)'' and inserting ``(D), or
    (F)''.
    SEC. 356. AUTHORIZATION OF APPROPRIATIONS FOR KNOW BEFORE YOU FLY
                            CAMPAIGN.

        There are authorized to be appropriated to the Administrator of the
    Federal Aviation Administration $1,000,000 for each of fiscal years 2019
    through 2023, out of funds made available under section 106(k), for the
    Know Before You Fly educational campaign or similar public informational
    efforts intended to broaden unmanned aircraft systems safety awareness.
    SEC. 357. <<NOTE: 49 USC 44801 note.>> UNMANNED AIRCRAFT SYSTEMS
                            PRIVACY POLICY.

        It is the policy of the United States that the operation of any
    unmanned aircraft or unmanned aircraft system shall be carried out in a
    manner that respects and protects personal privacy consistent with the
    United States Constitution and Federal, State, and local law.
    SEC. 358. UAS PRIVACY REVIEW.

        (a) Review.--The Comptroller General of the United States, in
    consideration of relevant efforts led by the National Telecommunications
    and Information Administration, shall carry out a review of the privacy
    issues and concerns associated with the operation of unmanned aircraft
    systems in the national airspace system.
        (b) Consultation.--In carrying out the review, the Comptroller
    General shall--
                (1) consult with the Department of Transportation and the
            National Telecommunications and Information Administration of
            the Department of Commerce on its ongoing efforts

    [[Page 132 STAT. 3306]]

            responsive to the Presidential memorandum titled ``Promoting
            Economic Competitiveness While Safeguarding Privacy, Civil
            Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft
            Systems'' and dated February 15, 2015;
                (2) examine and identify the existing Federal, State, or
            relevant local laws that address an individual's personal
            privacy;
                (3) identify specific issues and concerns that may limit the
            availability of civil or criminal legal remedies regarding
            inappropriate operation of unmanned aircraft systems in the
            national airspace system;
                (4) identify any deficiencies in Federal, State, or local
            privacy protections; and
                (5) provide recommendations to address any limitations and
            deficiencies identified in paragraphs (3) and (4).

        (c) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary shall submit to the appropriate committees of
    Congress a report on the results of the review required under subsection
    (a).
    SEC. 359. STUDY ON FIRE DEPARTMENT AND EMERGENCY SERVICE AGENCY
                            USE OF UNMANNED AIRCRAFT SYSTEMS.

        (a) Study.--
                (1) In general.--The Administrator shall conduct a study on
            the use of unmanned aircraft systems by fire departments and
            emergency service agencies. Such study shall include an analysis
            of--
                        (A) how fire departments and emergency service
                    agencies currently use unmanned aircraft systems;
                        (B) obstacles to greater use of unmanned aircraft
                    systems by fire departments and emergency service
                    agencies;
                        (C) the best way to provide outreach to support
                    greater use of unmanned aircraft systems by fire
                    departments and emergency service agencies;
                        (D) laws or regulations that present barriers to
                    career, combination, and volunteer fire departments'
                    ability to use unmanned aircraft systems;
                        (E) training and certifications required for the use
                    of unmanned aircraft systems by fire departments and
                    emergency service agencies;
                        (F) airspace limitations and concerns in the use of
                    unmanned aircraft systems by fire departments and
                    emergency service agencies;
                        (G) roles of unmanned aircraft systems in the
                    provision of fire and emergency services;
                        (H) technological challenges to greater adoption of
                    unmanned aircraft systems by fire departments and
                    emergency service agencies; and
                        (I) other issues determined appropriate by the
                    Administrator.
                (2) Consultation.--In conducting the study under paragraph
            (1), the Administrator shall consult with national fire and
            emergency service organizations.

        (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Administrator shall submit to the appropriate committees
    of Congress a report on the study conducted under

    [[Page 132 STAT. 3307]]

    subsection (a), including the Administrator's findings, conclusions, and
    recommendations.
    SEC. 360. STUDY ON FINANCING OF UNMANNED AIRCRAFT SERVICES.

        (a) In General.--Not later than 60 days after the date of enactment
    of this Act, the Comptroller General of the United States shall initiate
    a study on appropriate fee mechanisms to recover the costs of--
                (1) the regulation and safety oversight of unmanned aircraft
            and unmanned aircraft systems; and
                (2) the provision of air navigation services to unmanned
            aircraft and unmanned aircraft systems.

        (b) Considerations.--In carrying out the study, the Comptroller
    General shall consider, at a minimum--
                (1) any recommendations of Task Group 3 of the Drone
            Advisory Committee chartered by the Federal Aviation
            Administration on August 31, 2016;
                (2) the total annual costs incurred by the Federal Aviation
            Administration for the regulation and safety oversight of
            activities related to unmanned aircraft;
                (3) the annual costs attributable to various types, classes,
            and categories of unmanned aircraft activities;
                (4) air traffic services provided to unmanned aircraft
            operating under instrument flight rules, excluding public
            aircraft;
                (5) the number of full-time Federal Aviation Administration
            employees dedicated to unmanned aircraft programs;
                (6) the use of privately operated UTM and other privately
            operated unmanned aircraft systems;
                (7) the projected growth of unmanned aircraft operations for
            various applications and the estimated need for regulation,
            oversight, and other services;
                (8) the number of small businesses involved in the various
            sectors of the unmanned aircraft industry and operating as
            primary users of unmanned aircraft; and
                (9) any best practices or policies utilized by jurisdictions
            outside the United States relating to partial or total recovery
            of regulation and safety oversight costs related to unmanned
            aircraft and other emergent technologies.

        (c) Report to Congress.--Not later than 180 days after initiating
    the study, the Comptroller General shall submit to the appropriate
    committees of Congress a report containing recommendations on
    appropriate fee mechanisms to recover the costs of regulating and
    providing air navigation services to unmanned aircraft and unmanned
    aircraft systems.
    SEC. 361. REPORT ON UAS AND CHEMICAL AERIAL APPLICATION.

        Not later than 1 year after the date of enactment of this Act, the
    Administrator shall submit to the appropriate committees of Congress a
    report evaluating which aviation safety requirements under part 137 of
    title 14, Code of Federal Regulations, should apply to unmanned aircraft
    system operations engaged in aerial spraying of chemicals for
    agricultural purposes.
    SEC. 362. SENSE OF CONGRESS REGARDING UNMANNED AIRCRAFT SAFETY.

        It is the sense of Congress that--
                (1) the unauthorized operation of unmanned aircraft near
            airports presents a serious hazard to aviation safety;

    [[Page 132 STAT. 3308]]

                (2) a collision between an unmanned aircraft and a
            conventional aircraft in flight could jeopardize the safety of
            persons aboard the aircraft and on the ground;
                (3) Federal aviation regulations, including sections 91.126
            through 91.131 of title 14, Code of Federal Regulations,
            prohibit unauthorized operation of an aircraft in controlled
            airspace near an airport;
                (4) Federal aviation regulations, including section 91.13 of
            title 14, Code of Federal Regulations, prohibit the operation of
            an aircraft in a careless or reckless manner so as to endanger
            the life or property of another;
                (5) the Administrator should pursue all available civil and
            administrative remedies available to the Administrator,
            including referrals to other government agencies for criminal
            investigations, with respect to persons who operate unmanned
            aircraft in an unauthorized manner;
                (6) the Administrator should--
                        (A) place particular priority in continuing
                    measures, including partnering with nongovernmental
                    organizations and State and local agencies, to educate
                    the public about the dangers to public safety of
                    operating unmanned aircraft over areas that have
                    temporary flight restrictions in place, for purposes
                    such as wildfires, without appropriate authorization;
                    and
                        (B) partner with State and local agencies to
                    effectively enforce relevant laws so that unmanned
                    aircrafts do not interfere with the efforts of emergency
                    responders;
                (7) the Administrator should place particular priority on
            continuing measures, including partnerships with nongovernmental
            organizations, to educate the public about the dangers to the
            public safety of operating unmanned aircraft near airports
            without the appropriate approvals or authorizations; and
                (8) manufacturers and retail sellers of small unmanned
            aircraft systems should take steps to educate consumers about
            the safe and lawful operation of such systems.
    SEC. 363. <<NOTE: 49 USC 44802 note.>> PROHIBITION REGARDING
                            WEAPONS.

        (a) In General.--Unless authorized by the Administrator, a person
    may not operate an unmanned aircraft or unmanned aircraft system that is
    equipped or armed with a dangerous weapon.
        (b) Dangerous Weapon Defined.--In this section, the term ``dangerous
    weapon'' has the meaning given that term in section 930(g)(2) of title
    18, United States Code.
        (c) Penalty.--A person who violates this section is liable to the
    United States Government for a civil penalty of not more than $25,000
    for each violation.
    SEC. 364. U.S. COUNTER-UAS SYSTEM REVIEW OF INTERAGENCY
                            COORDINATION PROCESSES.

        (a) In General.--Not later than 60 days after that date of enactment
    of this Act, the Administrator, in consultation with government agencies
    currently authorized to operate Counter-Unmanned Aircraft System (C-UAS)
    systems within the United States (including the territories and
    possessions of the United States), shall initiate a review of the
    following:
                (1) The process the Administration is using for interagency
            coordination of C-UAS activity pursuant to a relevant Federal

    [[Page 132 STAT. 3309]]

            statute authorizing such activity within the United States
            (including the territories and possessions of the United
            States).
                (2) The standards the Administration is utilizing for
            operation of a C-UAS systems pursuant to a relevant Federal
            statute authorizing such activity within the United States
            (including the territories and possessions of the United
            States), including whether the following criteria are being
            taken into consideration in the development of the standards:
                        (A) Safety of the national airspace.
                        (B) Protecting individuals and property on the
                    ground.
                        (C) Non-interference with avionics of manned
                    aircraft, and unmanned aircraft, operating legally in
                    the national airspace.
                        (D) Non-interference with air traffic control
                    systems.
                        (E) Adequate coordination procedures and protocols
                    with the Federal Aviation Administration during the
                    operation of C-UAS systems.
                        (F) Adequate training for personnel operating C-UAS
                    systems.
                        (G) Assessment of the efficiency and effectiveness
                    of the coordination and review processes to ensure
                    national airspace safety while minimizing bureaucracy.
                        (H) Best practices for the consistent operation of
                    C-UAS systems to the maximum extent practicable.
                        (I) Current airspace authorization information
                    shared by automated approval processes for airspace
                    authorizations, such as the Low Altitude Authorization
                    and Notification Capability.
                        (J) Such other matters the Administrator considers
                    necessary for the safe and lawful operation of C-UAS
                    systems.
                (3) Similar interagency coordination processes already used
            for other matters that may be used as a model for improving the
            interagency coordination for the usage of C-UAS systems.

        (b) Report.--Not later than 180 days after the date upon which the
    review in subsection (a) is initiated, the Administrator shall submit to
    the Committee on Transportation and Infrastructure of the House of
    Representatives, the Committee on Armed Services of the House of
    Representatives, and the Committee on Commerce, Science, and
    Transportation in the Senate, and the Committee on Armed Services of the
    Senate, a report on the Administration's activities related to C-UAS
    systems, including--
                (1) any coordination with Federal agencies and States,
            subdivisions and States, political authorities of at least 2
            States that operate C-UAS systems;
                (2) an assessment of the standards being utilized for the
            operation of a counter-UAS systems within the United States
            (including the territories and possessions of the United
            States);
                (3) an assessment of the efficiency and effectiveness of the
            interagency coordination and review processes to ensure national
            airspace safety while minimizing bureaucracy; and
                (4) a review of any additional authorities needed by the
            Federal Aviation Administration to effectively oversee the
            management of C-UAS systems within the United States (including
            the territories and possessions of the United States).

    [[Page 132 STAT. 3310]]

    SEC. 365. <<NOTE: 49 USC 44810 note.>>  COOPERATION RELATED TO
                            CERTAIN COUNTER-UAS TECHNOLOGY.

        In matters relating to the use of systems in the national airspace
    system intended to mitigate threats posed by errant or hostile unmanned
    aircraft system operations, the Secretary of Transportation shall
    consult with the Secretary of Defense to streamline deployment of such
    systems by drawing upon the expertise and experience of the Department
    of Defense in acquiring and operating such systems consistent with the
    safe and efficient operation of the national airspace system.
    SEC. 366. <<NOTE: 49 USC 44801 note.>> STRATEGY FOR RESPONDING TO
                            PUBLIC SAFETY THREATS AND ENFORCEMENT
                            UTILITY OF UNMANNED AIRCRAFT SYSTEMS.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator of the Federal Aviation Administration
    shall develop a comprehensive strategy to provide outreach to State and
    local governments and provide guidance for local law enforcement
    agencies and first responders with respect to--
                (1) how to identify and respond to public safety threats
            posed by unmanned aircraft systems; and
                (2) how to identify and take advantage of opportunities to
            use unmanned aircraft systems to enhance the effectiveness of
            local law enforcement agencies and first responders.

        (b) Resources.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall establish a publicly available
    Internet website that contains resources for State and local law
    enforcement agencies and first responders seeking--
                (1) to respond to public safety threats posed by unmanned
            aircraft systems; and
                (2) to identify and take advantage of opportunities to use
            unmanned aircraft systems to enhance the effectiveness of local
            law enforcement agencies and public safety response efforts.

        (c) Unmanned Aircraft System Defined.--In this section, the term
    ``unmanned aircraft system'' has the meaning given that term in section
    44801 of title 49, United States Code, as added by this Act.
    SEC. 367. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION
                            OCCUPATIONS RELATING TO UNMANNED AIRCRAFT
                            INTO VETERANS EMPLOYMENT PROGRAMS OF THE
                            ADMINISTRATION.

        Not later than 180 days after the date of the enactment of this Act,
    the Administrator of the Federal Aviation Administration, in
    consultation with the Secretary of Veterans Affairs, the Secretary of
    Defense, and the Secretary of Labor, shall determine whether occupations
    of the Administration relating to unmanned aircraft systems technology
    and regulations can be incorporated into the Veterans' Employment
    Program of the Administration, particularly in the interaction between
    such program and the New Sights Work Experience Program and the Vet-Link
    Cooperative Education Program.
    SEC. 368. <<NOTE: 49 USC 44806 note.>>  PUBLIC UAS ACCESS TO
                            SPECIAL USE AIRSPACE.

        Not later than 180 days after the date of enactment of this Act, the
    Secretary of Transportation shall issue guidance for the expedited and
    timely access to special use airspace for public unmanned aircraft
    systems in order to assist Federal, State, local,

    [[Page 132 STAT. 3311]]

    or tribal law enforcement organizations in conducting law enforcement,
    emergency response, or for other activities.
    SEC. 369. <<NOTE: 49 USC 40101 note.>>  APPLICATIONS FOR
                            DESIGNATION.

        Section 2209 of the FAA Extension, Safety, and Security Act of 2016
    (Public Law 114-190; 130 Stat. 615) is amended--
                (1) in subsection (b)(1)(C)(i), by striking ``and
            distribution facilities and equipment'' and inserting
            ``distribution facilities and equipment, and railroad
            facilities''; and
                (2) by adding at the end the following:

        ``(e) Deadlines.--
                ``(1) Not later than March 31, 2019, the Administrator shall
            publish a notice of proposed rulemaking to carry out the
            requirements of this section.
                ``(2) Not later than 12 months after publishing the notice
            of proposed rulemaking under paragraph (1), the Administrator
            shall issue a final rule.''.
    SEC. 370. SENSE OF CONGRESS ON ADDITIONAL RULEMAKING AUTHORITY.

        It is the sense of Congress that--
                (1) beyond visual line of sight operations, nighttime
            operations, and operations over people of unmanned aircraft
            systems have tremendous potential--
                        (A) to enhance both commercial and academic use;
                        (B) to spur economic growth and development through
                    innovative applications of this emerging technology; and
                        (C) to improve emergency response efforts as it
                    relates to assessing damage to critical infrastructure
                    such as roads, bridges, and utilities, including water
                    and power, ultimately speeding response time;
                (2) advancements in miniaturization of safety technologies,
            including for aircraft weighing under 4.4 pounds, have increased
            economic opportunities for using unmanned aircraft systems while
            reducing kinetic energy and risk compared to unmanned aircraft
            that may weigh 4.4 pounds or more, but less than 55 pounds;
                (3) advancements in unmanned technology will have the
            capacity to ultimately improve manned aircraft safety; and
                (4) integrating unmanned aircraft systems safely into the
            national airspace, including beyond visual line of sight
            operations, nighttime operations on a routine basis, and
            operations over people should remain a top priority for the
            Federal Aviation Administration as it pursues additional
            rulemakings under the amendments made by this section.
    SEC. 371. ASSESSMENT OF AIRCRAFT REGISTRATION FOR SMALL UNMANNED
                            AIRCRAFT.

        (a) Evaluation.--Not later than 180 days after the date of enactment
    of this Act, the Secretary of Transportation shall enter into an
    agreement with the National Academy of Public Administration, to
    estimate and assess compliance with and the effectiveness of the
    registration of small unmanned aircraft systems by the Federal Aviation
    Administration pursuant to the interim final rule issued on December 16,
    2015, titled ``Registration and Marking Requirements for Small Unmanned
    Aircraft'' (80 Fed. Reg. 78593).

    [[Page 132 STAT. 3312]]

        (b) Metrics.--Upon receiving the assessment, the Secretary shall, to
    the extent practicable, develop metrics to measure compliance with the
    interim final rule described in subsection (a), and any subsequent final
    rule, including metrics with respect to--
                (1) the levels of compliance with the interim final rule and
            any subsequent final rule;
                (2) the number of enforcement actions taken by the
            Administration for violations of or noncompliance with the
            interim final rule and any subsequent final rule, together with
            a description of the actions; and
                (3) the effect of the interim final rule and any subsequent
            final rule on compliance with any fees associated with the use
            of small unmanned aircraft systems.

        (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall submit to the to the appropriate
    committees of Congress a report containing--
                (1) the results of the assessment required under subsection
            (a);
                (2) the metrics required under subsection (b) and how the
            Secretary will track these metrics; and
                (3) recommendations to Congress for improvements to the
            registration process for small unmanned aircraft, if necessary.
    SEC. 372. <<NOTE: 49 USC 44810 note.>>  ENFORCEMENT.

        (a) UAS Safety Enforcement.--The Administrator of the Federal
    Aviation Administration shall establish a pilot program to utilize
    available remote detection or identification technologies for safety
    oversight, including enforcement actions against operators of unmanned
    aircraft systems that are not in compliance with applicable Federal
    aviation laws, including regulations.
        (b) Reporting.--As part of the pilot program, the Administrator
    shall establish and publicize a mechanism for the public and Federal,
    State, and local law enforcement to report suspected operation of
    unmanned aircraft in violation of applicable Federal laws and
    regulations.
        (c) Report to Congress.--Not later than 1 year after the date of
    enactment of the FAA Reauthorization Act of 2018, and annually
    thereafter through the duration of the pilot program established in
    subsection (a), the Administrator shall submit to the appropriate
    committees of Congress a report on the following:
                (1) The number of unauthorized unmanned aircraft operations
            detected in restricted airspace, including in and around
            airports, together with a description of such operations.
                (2) The number of enforcement cases brought by the Federal
            Aviation Administration or other Federal agencies for
            unauthorized operation of unmanned aircraft detected through the
            program, together with a description of such cases.
                (3) Recommendations for safety and operational standards for
            unmanned aircraft detection and mitigation systems.
                (4) Recommendations for any legislative or regulatory
            changes related to mitigation or detection or identification of
            unmanned aircraft systems.

        (d) Sunset.--The pilot program established in subsection (a) shall
    terminate on September 30, 2023.
        (e) Civil Penalties.--Section 46301 of title 49, United States Code,
    is amended--

    [[Page 132 STAT. 3313]]

                (1) in subsection (a)(1)(A), by inserting ``chapter 448,''
            after ``chapter 447 (except sections 44717 and 44719-44723),'';
                (2) in subsection (a)(5)(A)(i), by inserting ``chapter
            448,'' after ``chapter 447 (except sections 44717-44723),'';
                (3) in subsection (d)(2), by inserting ``chapter 448,''
            after ``chapter 447 (except sections 44717 and 44719-44723),'';
            and
                (4) in subsection (f)(1)(A)(i), by inserting ``chapter
            448,'' after ``chapter 447 (except sections 44717 and 44719-
            44723),''.

        (f) Rule of Construction.--Nothing in this section shall be
    construed to limit the authority of the Administrator to pursue an
    enforcement action for a violation of this subtitle or any other
    applicable provision of aviation safety law or regulation using remote
    detection or identification or other technology following the sunset of
    the pilot program.
    SEC. 373. FEDERAL AND LOCAL AUTHORITIES.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Comptroller General of the United States shall--
                (1) conduct a study on the relative roles of the Federal
            Government, State, local and Tribal governments in the
            regulation and oversight of low-altitude operations of unmanned
            aircraft systems in the national airspace system; and
                (2) submit to the appropriate committees of Congress a
            report on the study, including the Comptroller General's
            findings and conclusions.

        (b) Contents.--The study under subsection (a) shall review the
    following:
                (1) The current state of the law with respect to Federal
            authority over low-altitude operations of unmanned aircraft
            systems in the national airspace system.
                (2) The current state of the law with respect to State,
            local, and Tribal authority over low-altitude operations of
            unmanned aircraft systems in the national airspace system.
                (3) Potential gaps between authorities under paragraphs (1)
            and (2).
                (4) The degree of regulatory consistency required among the
            Federal Government, State governments, local governments, and
            Tribal governments for the safe and financially viable growth
            and development of the unmanned aircraft industry.
                (5) The interests of Federal, State, local, and Tribal
            governments affected by low-altitude operations of unmanned
            aircraft systems and the authorities of those governments to
            protect such interests.
                (6) The infrastructure requirements necessary for monitoring
            the low-altitude operations of small unmanned aircraft and
            enforcing applicable laws.
    SEC. 374. SPECTRUM.

        (a) Report.--Not later than 270 days after the date of enactment of
    this Act, and after consultation with relevant stakeholders, the
    Administrator of the Federal Aviation Administration, the National
    Telecommunications and Information Administration, and the Federal
    Communications Commission, shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate, the Committee on
    Transportation and Infrastructure of the House

    [[Page 132 STAT. 3314]]

    of Representatives, and the Committee on Energy and Commerce of the
    House of Representatives a report--
                (1) on whether unmanned aircraft systems operations should
            be permitted, but not required, to operate on spectrum that was
            recommended for allocation for AM(R)S and control links for UAS
            by the World Radio Conferences in 2007 (L-band, 960-1164 MHz)
            and 2012 (C-band, 5030-5091 MHz), on an unlicensed, shared, or
            exclusive basis, for operations within the UTM system or outside
            of such a system;
                (2) that addresses any technological, statutory, regulatory,
            and operational barriers to the use of such spectrum; and
                (3) that, if it is determined that some spectrum frequencies
            are not suitable for beyond-visual-line-of-sight operations by
            unmanned aircraft systems, includes recommendations of other
            spectrum frequencies that may be appropriate for such
            operations.

        (b) No Effect on Other Spectrum.--The report required under
    subsection (a) does not prohibit or delay use of any licensed spectrum
    to satisfy control links, tracking, diagnostics, payload communications,
    collision avoidance, and other functions for unmanned aircraft systems
    operations.
    SEC. 375. <<NOTE: 49 USC 44801 note.>>  FEDERAL TRADE COMMISSION
                            AUTHORITY.

        (a) In General.--A violation of a privacy policy by a person that
    uses an unmanned aircraft system for compensation or hire, or in the
    furtherance of a business enterprise, in the national airspace system
    shall be an unfair and deceptive practice in violation of section 5(a)
    of the Federal Trade Commission Act (15 U.S.C. 45(a)).
        (b) Definitions.--In this section, the terms ``unmanned aircraft''
    and ``unmanned aircraft system'' have the meanings given those terms in
    section 44801 of title 49, United States Code.
    SEC. 376. <<NOTE: 49 USC 44802 note.>> PLAN FOR FULL OPERATIONAL
                            CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS
                            TRAFFIC MANAGEMENT.

        (a) In General.--In conjunction with completing the requirements of
    section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49
    U.S.C. 40101 note), subject to subsection (b) of this section, the
    Administrator, in coordination with the Administrator of the National
    Aeronautics and Space Administration, and in consultation with unmanned
    aircraft systems industry stakeholders, shall develop a plan to allow
    for the implementation of unmanned aircraft systems traffic management
    (UTM) services that expand operations beyond visual line of sight, have
    full operational capability, and ensure the safety and security of all
    aircraft.
        (b) Completion of UTM System Pilot Program.--The Administrator shall
    ensure that the UTM system pilot program, as established in section 2208
    of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101
    note), is conducted to meet the following objectives of a comprehensive
    UTM system by the conclusion of the pilot program:
                (1) In cooperation with the National Aeronautics and Space
            Administration and manned and unmanned aircraft industry
            stakeholders, allow testing of unmanned aircraft operations, of
            increasing volumes and density, in airspace above test ranges,
            as such term is defined in section 44801 of title 49, United
            States Code, as well as other sites determined by the
            Administrator to be suitable for UTM testing, including those

    [[Page 132 STAT. 3315]]

            locations selected under the pilot program required in the
            October 25, 2017, Presidential Memorandum entitled, ``Unmanned
            Aircraft Systems Integration Pilot Program'' and described in 82
            Federal Register 50301.
                (2) Permit the testing of various remote identification and
            tracking technologies evaluated by the Unmanned Aircraft Systems
            Identification and Tracking Aviation Rulemaking Committee.
                (3) Where the particular operational environment permits,
            permit blanket waiver authority to allow any unmanned aircraft
            approved by a UTM system pilot program selectee to be operated
            under conditions currently requiring a case-by-case waiver under
            part 107, title 14, Code of Federal Regulations, provided that
            any blanket waiver addresses risks to airborne objects as well
            as persons and property on the ground.

        (c) Implementation Plan Contents.--The plan required by subsection
    (a) shall--
                (1) include the development of safety standards to permit,
            authorize, or allow the use of UTM services, which may include
            the demonstration and validation of such services at the test
            ranges, as defined in section 44801 of title 49, United States
            Code, or other sites as authorized by the Administrator;
                (2) outline the roles and responsibilities of industry and
            government in establishing UTM services that allow applicants to
            conduct commercial and noncommercial operations, recognizing the
            primary private sector role in the development and
            implementation of the Low Altitude Authorization and
            Notification Capability and future expanded UTM services;
                (3) include an assessment of various components required for
            necessary risk reduction and mitigation in relation to the use
            of UTM services, including--
                        (A) remote identification of both cooperative and
                    non-cooperative unmanned aircraft systems in the
                    national airspace system;
                        (B) deconfliction of cooperative unmanned aircraft
                    systems in the national airspace system by such
                    services;
                        (C) the manner in which the Federal Aviation
                    Administration will conduct oversight of UTM systems,
                    including interfaces between UTM service providers and
                    air traffic control;
                        (D) the need for additional technologies to detect
                    cooperative and non-cooperative aircraft;
                        (E) collaboration and coordination with air traffic
                    control, or management services and technologies to
                    ensure the safety oversight of manned and unmanned
                    aircraft, including--
                              (i) the Federal Aviation Administration
                          responsibilities to collect and disseminate
                          relevant data to UTM service providers; and
                              (ii) data exchange protocols to share UAS
                          operator intent, operational approvals,
                          operational restraints, and other data necessary
                          to ensure safety or security of the National
                          Airspace System;
                        (F) the potential for UTM services to manage
                    unmanned aircraft systems carrying either cargo,
                    payload,

    [[Page 132 STAT. 3316]]

                    or passengers, weighing more than 55 pounds, and
                    operating at altitudes higher than 400 feet above ground
                    level; and
                        (G) cybersecurity protections, data integrity, and
                    national and homeland security benefits; and
                (4) establish a process for--
                        (A) accepting applications for operation of UTM
                    services in the national airspace system;
                        (B) setting the standards for independent private
                    sector validation and verification that the standards
                    for UTM services established pursuant to paragraph (1)
                    enabling operations beyond visual line of sight, have
                    been met by applicants; and
                        (C) notifying the applicant, not later than 120 days
                    after the Administrator receives a complete application,
                    with a written approval, disapproval, or request to
                    modify the application.

        (d) Safety Standards.--In developing the safety standards in
    subsection (c)(1), the Administrator--
                (1) shall require that UTM services help ensure the safety
            of unmanned aircraft and other aircraft operations that occur
            primarily or exclusively in airspace 400 feet above ground level
            and below, including operations conducted under a waiver issued
            pursuant to subpart D of part 107 of title 14, Code of Federal
            Regulations;
                (2) shall consider, as appropriate--
                        (A) protection of persons and property on the
                    ground;
                        (B) remote identification and tracking of aircraft;
                        (C) collision avoidance with respect to obstacles
                    and non-cooperative aircraft;
                        (D) deconfliction of cooperative aircraft and
                    integration of other relevant airspace considerations;
                        (E) right of way rules, inclusive of UAS operations;
                        (F) safe and reliable coordination between air
                    traffic control and other systems operated in the
                    national airspace system;
                        (G) detection of non-cooperative aircraft;
                        (H) geographic and local factors including but not
                    limited to terrain, buildings and structures;
                        (I) aircraft equipage; and
                        (J) qualifications, if any, necessary to operate UTM
                    services; and
                (3) may establish temporary flight restrictions or other
            means available such as a certificate of waiver or authorization
            (COA) for demonstration and validation of UTM services.

        (e) Revocation.--The Administrator may revoke the permission,
    authorization, or approval for the operation of UTM services if the
    Administrator determines that the services or its operator are no longer
    in compliance with applicable safety standards.
        (f) Low-risk Areas.--The Administrator shall establish expedited
    procedures for approval of UTM services operated in--
                (1) airspace away from congested areas; or
                (2) other airspace above areas in which operations of
            unmanned aircraft pose low risk, as determined by the
            Administrator.

        (g) Consultation.--In carrying out this section, the Administrator
    shall consult with other Federal agencies, as appropriate.

    [[Page 132 STAT. 3317]]

        (h) Sense of Congress.--It is the sense of Congress that, in
    developing the safety standards for UTM services, the Federal Aviation
    Administration shall consider ongoing research and development efforts
    on UTM services conducted by--
                (1) the National Aeronautics and Space Administration in
            partnership with industry stakeholders;
                (2) the UTM System pilot program required by section 2208 of
            the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C.
            40101 note); and
                (3) the participants in the pilot program required in the
            October 25, 2017, Presidential Memorandum entitled, ``Unmanned
            Aircraft Systems Integration Pilot Program'' and described in 82
            Federal Register 50301.

        (i) Deadline.--Not later than 1 year after the date of conclusion of
    the UTM pilot program established in section 2208 of the FAA Extension,
    Safety, and Security Act of 2016 (49 U.S.C. 40101 note), the
    Administrator shall--
                (1) complete the plan required by subsection (a);
                (2) submit the plan to--
                        (A) the Committee on Commerce, Science, and
                    Transportation of the Senate; and
                        (B) the Committee on Science, Space, and Technology
                    and the Committee on Transportation and Infrastructure
                    of the House of Representatives; and
                (3) publish the plan on a publicly accessible Internet
            website of the Federal Aviation Administration.
    SEC. 377. <<NOTE: 49 USC 44802 note.>> EARLY IMPLEMENTATION OF
                            CERTAIN UTM SERVICES.

        (a) In General.--Not later than 120 days after the date of the
    enactment of this Act, the Administrator shall, upon request of a UTM
    service provider, determine if certain UTM services may operate safely
    in the national airspace system before completion of the implementation
    plan required by section 376.
        (b) Assessment of UTM Services.--In making the determination under
    subsection (a), the Administrator shall assess, at a minimum, whether
    the proposed UTM services, as a result of their operational
    capabilities, reliability, intended use, areas of operation, and the
    characteristics of the aircraft involved, will maintain the safety and
    efficiency of the national airspace system and address any identified
    risks to manned or unmanned aircraft and persons and property on the
    ground.
        (c) Requirements for Safe Operation.--If the Administrator
    determines that certain UTM services may operate safely in the national
    airspace system, the Administrator shall establish requirements for
    their safe operation in the national airspace system.
        (d) Expedited Procedures.--The Administrator shall provide expedited
    procedures for making the assessment and determinations under this
    section where the UTM services will be provided primarily or exclusively
    in airspace above areas in which the operation of unmanned aircraft
    poses low risk, including but not limited to croplands and areas other
    than congested areas.
        (e) Consultation.--In carrying out this section, the Administrator
    shall consult with other Federal agencies, as appropriate.
        (f) Preexisting UTM Services Approvals.--Nothing in this Act shall
    affect or delay approvals, waivers, or exemptions granted by the
    Administrator for UTM services already in existence or approved by the
    Administrator prior to the date of enactment

    [[Page 132 STAT. 3318]]

    of this Act, including approvals under the Low Altitude Authorization
    and Notification Capability.
    SEC. 378. SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) each person that uses an unmanned aircraft system for
            compensation or hire, or in the furtherance of a business
            enterprise, except those operated for purposes protected by the
            First Amendment of the Constitution, should have a written
            privacy policy consistent with section 357 that is appropriate
            to the nature and scope of the activities regarding the
            collection, use, retention, dissemination, and deletion of any
            data collected during the operation of an unmanned aircraft
            system;
                (2) each privacy policy described in paragraph (1) should be
            periodically reviewed and updated as necessary; and
                (3) each privacy policy described in paragraph (1) should be
            publicly available.
    SEC. 379. <<NOTE: 49 USC 44801 note.>>  COMMERCIAL AND
                            GOVERNMENTAL OPERATORS.

        (a) In General.--Not later than 270 days after the date of enactment
    of this Act, the Administrator shall, to the extent practicable and
    consistent with applicable law, make available in a single location on
    the website of the Department of Transportation:
                (1) Any certificate of waiver or authorization issued by the
            Administration to Federal, State, tribal or local governments
            for the operation of unmanned aircraft systems within 30 days of
            issuance of such certificate of waiver or authorization.
                (2) A spreadsheet of UAS registrations, including the city,
            state, and zip code of each registered drone owner, on its
            website that is updated once per quarter each calendar year.
                (3) Summary descriptions and general purposes of public
            unmanned aircraft operations, including the locations where such
            unmanned aircraft may generally operate.
                (4) Summary descriptions of common civil unmanned aircraft
            operations.
                (5) The expiration date of any authorization of public or
            civil unmanned aircraft operations.
                (6) Links to websites of State agencies that enforce any
            applicable privacy laws.
                (7) For any unmanned aircraft system, except with respect to
            any operation protected by the First Amendment to the
            Constitution of the United States, that will collect personally
            identifiable information about individuals, including the use of
            facial recognition--
                        (A) the circumstance under which the system will be
                    used;
                        (B) the specific kinds of personally identifiable
                    information that the system will collect about
                    individuals; and
                        (C) how the information referred to in subparagraph
                    (B), and the conclusions drawn from such information,
                    will be used, disclosed, and otherwise handled,
                    including--
                              (i) how the collection or retention of such
                          information that is unrelated to the specific use
                          will be minimized;
                              (ii) under what circumstances such information
                          might be sold, leased, or otherwise provided to
                          third parties;

    [[Page 132 STAT. 3319]]

                              (iii) the period during which such information
                          will be retained;
                              (iv) when and how such information, including
                          information no longer relevant to the specified
                          use, will be destroyed; and
                              (v) steps that will be used to protect against
                          the unauthorized disclosure of any information or
                          data, such as the use of encryption methods and
                          other security features.
                (8) With respect to public unmanned aircraft systems--
                        (A) the locations where the unmanned aircraft system
                    will operate;
                        (B) the time during which the unmanned aircraft
                    system will operate;
                        (C) the general purpose of the flight; and
                        (D) the technical capabilities that the unmanned
                    aircraft system possesses.

        (b) Exceptions.--The Administrator shall not disclose information
    pursuant to subsection (a) if the Administrator determines that the
    release of such information--
                (1) is not applicable;
                (2) is not practicable, including when the information is
            not available to the Administrator;
                (3) is not in compliance with applicable law;
                (4) would compromise national defense, homeland security or
            law enforcement activity;
                (5) would be withheld pursuant to an exception of the
            section 552 of title 5, United States Code (commonly known as
            the ``Freedom of Information Act''); or
                (6) is otherwise contrary to the public interest.

        (c) Sunset.--This section will cease to be effective on the date
    that is the earlier of--
                (1) the date of publication of a Notice of Proposed
            Rulemaking or guidance regarding remote identification standards
            under section 2202 of the FAA Extension, Safety, and Security
            Act of 2016 (Public Law 114-190; 130 Stat. 615); or
                (2) September 30, 2023.
    SEC. 380. <<NOTE: 49 USC 44802 note.>>  TRANSITION LANGUAGE.

        (a) Regulations.--Notwithstanding the repeals under sections 341,
    348, 347, and 383 of this Act, all orders, determinations, rules,
    regulations, permits, grants, and contracts, which have been issued
    under any law described under subsection (b) of this section before the
    effective date of this Act shall continue in effect until modified or
    revoked by the Secretary of Transportation, acting through the
    Administrator of the Federal Aviation Administration, as applicable, by
    a court of competent jurisdiction, or by operation of law other than
    this Act.
        (b) Laws Described.--The laws described under this subsection are as
    follows:
                (1) Section 332 of the FAA Modernization and Reform Act of
            2012 (49 U.S.C. 40101 note).
                (2) Section 333 of the FAA Modernization and Reform Act of
            2012 (49 U.S.C. 40101 note).
                (3) Section 334 of the FAA Modernization and Reform Act of
            2012 (49 U.S.C. 40101 note).

    [[Page 132 STAT. 3320]]

                (4) Section 2206 of the FAA Extension, Safety, and Security
            Act of 2016 (Public Law 114-190; 130 Stat. 615).

        (c) Effect on Pending Proceedings.--This Act shall not affect
    administrative or judicial proceedings pending on the effective date of
    this Act.
    SEC. 381. UNMANNED AIRCRAFT SYSTEMS IN RESTRICTED BUILDINGS OR
                            GROUNDS.

        Section 1752 of title 18, United States Code, is amended by adding
    after subsection (a)(4) the following:
                ``(5) knowingly and willfully operates an unmanned aircraft
            system with the intent to knowingly and willfully direct or
            otherwise cause such unmanned aircraft system to enter or
            operate within or above a restricted building or grounds;''.
    SEC. 382. PROHIBITION.

        (a) Amendment.--Chapter 2 of title 18, United States Code, is
    amended by adding at the end the following:
    ``Sec. 40A. <<NOTE: 18 USC 40A.>>  Operation of unauthorized
                    unmanned aircraft over wildfires

        ``(a) In General.--Except as provided in subsection (b), an
    individual who operates an unmanned aircraft and knowingly or recklessly
    interferes with a wildfire suppression, or law enforcement or emergency
    response efforts related to a wildfire suppression, shall be fined under
    this title, imprisoned for not more than 2 years, or both.
        ``(b) Exceptions.--This section does not apply to the operation of
    an unmanned aircraft conducted by a unit or agency of the United States
    Government or of a State, tribal, or local government (including any
    individual conducting such operation pursuant to a contract or other
    agreement entered into with the unit or agency) for the purpose of
    protecting the public safety and welfare, including firefighting, law
    enforcement, or emergency response.
        ``(c) Definitions.--In this section, the following definitions
    apply:
                ``(1) Unmanned aircraft.--The term `unmanned aircraft' has
            the meaning given the term in section 44801 of title 49, United
            States Code.
                ``(2) Wildfire.--The term `wildfire' has the meaning given
            that term in section 2 of the Emergency Wildfire Suppression Act
            (42 U.S.C. 1856m).
                ``(3) Wildfire suppression.--The term `wildfire suppression'
            means an effort to contain, extinguish, or suppress a
            wildfire.''.

        (b) Conforming Amendment.--The table of sections for chapter 2 of
    title 18, United States Code, <<NOTE: 18 USC 31 prec.>>  is amended by
    inserting after the item relating to section 40 the following:

    ``40A. Operation of unauthorized unmanned aircraft over wildfires.''.

    SEC. 383. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND
                            ENFORCEMENT.

        (a) In General.--Chapter 448 of title 49, United States Code, as
    amended by this Act, is further amended by inserting at the end the
    following:

    [[Page 132 STAT. 3321]]

    ``Sec. 44810. <<NOTE: 49 USC 44810.>>  Airport safety and airspace
                        hazard mitigation and enforcement

        ``(a) Coordination.--The Administrator of the Federal Aviation
    Administration shall work with the Secretary of Defense, the Secretary
    of Homeland Security, and the heads of other relevant Federal
    departments and agencies for the purpose of ensuring that technologies
    or systems that are developed, tested, or deployed by Federal
    departments and agencies to detect and mitigate potential risks posed by
    errant or hostile unmanned aircraft system operations do not adversely
    impact or interfere with safe airport operations, navigation, air
    traffic services, or the safe and efficient operation of the national
    airspace system.
        ``(b) Plan.--
                ``(1) In general.--The Administrator shall develop a plan
            for the certification, permitting, authorizing, or allowing of
            the deployment of technologies or systems for the detection and
            mitigation of unmanned aircraft systems.
                ``(2) Contents.--The plan shall provide for the development
            of policies, procedures, or protocols that will allow
            appropriate officials of the Federal Aviation Administration to
            utilize such technologies or systems to take steps to detect and
            mitigate potential airspace safety risks posed by unmanned
            aircraft system operations.
                ``(3) Aviation rulemaking committee.--The Administrator
            shall charter an aviation rulemaking committee to make
            recommendations for such a plan and any standards that the
            Administrator determines may need to be developed with respect
            to such technologies or systems. The Federal Advisory Committee
            Act (5 U.S.C. App.) shall not apply to an aviation rulemaking
            committee chartered under this paragraph.
                ``(4) Non-delegation.--The plan shall not delegate any
            authority granted to the Administrator under this section to
            other Federal, State, local, territorial, or tribal agencies, or
            an airport sponsor, as defined in section 47102 of title 49,
            United States Code.

        ``(c) Airspace Hazard Mitigation Program.--In order to test and
    evaluate technologies or systems that detect and mitigate potential
    aviation safety risks posed by unmanned aircraft, the Administrator
    shall deploy such technologies or systems at 5 airports, including 1
    airport that ranks in the top 10 of the FAA's most recent Passenger
    Boarding Data.
        ``(d) Authority.--Under the testing and evaluation in subsection
    (c), the Administrator shall use unmanned aircraft detection and
    mitigation systems to detect and mitigate the unauthorized operation of
    an unmanned aircraft that poses a risk to aviation safety.
        ``(e) Aip Funding Eligibility.--Upon the certification, permitting,
    authorizing, or allowing of such technologies and systems that have been
    successfully tested under this section, an airport sponsor may apply for
    a grant under subchapter I of chapter 471 to purchase an unmanned
    aircraft detection and mitigation system. For purposes of this
    subsection, purchasing an unmanned aircraft detection and mitigation
    system shall be considered airport development (as defined in section
    47102).
        ``(f) Briefing.--The Administrator shall annually brief the
    appropriate committees of Congress, including the Committee on

    [[Page 132 STAT. 3322]]

    Judiciary of the House of Representatives and the Committee on the
    Judiciary of the Senate, on the implementation of this section.
        ``(g) Applicability of Other Laws.--Section 46502 of this title,
    section 32 of title 18, United States Code (commonly known as the
    Aircraft Sabotage Act), section 1031 of title 18, United States Code
    (commonly known as the Computer Fraud and Abuse Act of 1986), sections
    2510-2522 of title 18, United States Code (commonly known as the Wiretap
    Act), and sections 3121-3127 of title 18, United States Code (commonly
    known as the Pen/Trap Statute), shall not apply to activities authorized
    by the Administrator pursuant to subsection (c) and (d).
        ``(h) Sunset.--This section ceases to be effective September 30,
    2023.
        ``(i) Non-delegation.--The Administrator shall not delegate any
    authority granted to the Administrator under this section to other
    Federal, State, local, territorial, or tribal agencies, or an airport
    sponsor, as defined in section 47102 of title 49, United States Code.
    The Administrator may partner with other Federal agencies under this
    section, subject to any restrictions contained in such agencies'
    authority to operate counter unmanned aircraft systems.''.
        (b) Technical and Conforming Amendments.--
                (1) Table of contents.--The table of contents for chapter
            448, as amended by this Act, <<NOTE: 49 USC 44801 prec.>>  is
            further amended by inserting at the end the following:

    ``44810. Airport safety and airspace hazard mitigation and
               enforcement.''.

                (2) Pilot project for airport safety and airspace hazard
            mitigation.--Section 2206 of the FAA Extension, Safety, and
            Security Act of 2016 (Public Law 114-190; 130 Stat. 615) and the
            item relating to that section in the table of contents under
            section 1(b) of that Act <<NOTE: 49 USC 40101 note.>>  are
            repealed.
    SEC. 384. UNSAFE OPERATION OF UNMANNED AIRCRAFT.

        (a) In General.--Chapter 2 of title 18, United States Code, is
    amended by inserting after section 39A the following:
    ``Sec. 39B. <<NOTE: 18 USC 39B.>>  Unsafe operation of unmanned
                    aircraft

        ``(a) Offense.--Any person who operates an unmanned aircraft and:
                ``(1) Knowingly interferes with, or disrupts the operation
            of, an aircraft carrying 1 or more occupants operating in the
            special aircraft jurisdiction of the United States, in a manner
            that poses an imminent safety hazard to such occupants, shall be
            punished as provided in subsection (c).
                ``(2) Recklessly interferes with, or disrupts the operation
            of, an aircraft carrying 1 or more occupants operating in the
            special aircraft jurisdiction of the United States, in a manner
            that poses an imminent safety hazard to such occupants, shall be
            punished as provided in subsection (c).

        ``(b) Operation of Unmanned Aircraft in Close Proximity to
    Airports.--
                ``(1) In general.--Any person who, without authorization,
            knowingly operates an unmanned aircraft within a runway
            exclusion zone shall be punished as provided in subsection (c).

    [[Page 132 STAT. 3323]]

                ``(2) Runway exclusion zone defined.--In this subsection,
            the term `runway exclusion zone' means a rectangular area--
                        ``(A) centered on the centerline of an active runway
                    of an airport immediately around which the airspace is
                    designated as class B, class C, or class D airspace at
                    the surface under part 71 of title 14, Code of Federal
                    Regulations; and
                        ``(B) the length of which extends parallel to the
                    runway's centerline to points that are 1 statute mile
                    from each end of the runway and the width of which is
                    \1/2\ statute mile.

        ``(c) Penalty.--
                ``(1) In general.--Except as provided in paragraph (2), the
            punishment for an offense under subsections (a) or (b) shall be
            a fine under this title, imprisonment for not more than 1 year,
            or both.
                ``(2) Serious bodily injury or death.--Any person who:
                        ``(A) Causes serious bodily injury or death during
                    the commission of an offense under subsection (a)(2)
                    shall be fined under this title, imprisoned for a term
                    of up to 10 years, or both.
                        ``(B) Causes, or attempts or conspires to cause,
                    serious bodily injury or death during the commission of
                    an offense under subsections (a)(1) and (b) shall be
                    fined under this title, imprisoned for any term of years
                    or for life, or both.''.

        (b) Table of Contents.--The table of contents for chapter 2 of title
    18, United States Code, <<NOTE: 18 USC 31 prec.>>  is amended by
    inserting after the item relating to section 39A the following:

    ``39B. Unsafe operation of unmanned aircraft.''.

    Subtitle C <<NOTE: Fairness for Pilots Act.>> --General Aviation Safety
    SEC. 391. <<NOTE: 49 USC 40101 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Fairness for Pilots Act''.
    SEC. 392. EXPANSION OF PILOT'S BILL OF RIGHTS.

        (a) Notification of Investigation.--Subsection (b) of section 2 of
    the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 49
    U.S.C. 44703 note) is amended--
                (1) in paragraph (2)(A), by inserting ``and the specific
            activity on which the investigation is based'' after ``nature of
            the investigation'';
                (2) in paragraph (3), by striking ``timely''; and
                (3) in paragraph (5), by striking ``section 44709(c)(2)''
            and inserting ``section 44709(e)(2)''.

        (b) Release of Investigative Reports.--Section 2 of the Pilot's Bill
    of Rights (Public Law 112-153; 126 Stat. 1159; 49 U.S.C. 44703 note) is
    further amended by adding at the end the following:
        ``(f) Release of Investigative Reports.--
                ``(1) In general.--
                        ``(A) Emergency orders.--In any proceeding conducted
                    under part 821 of title 49, Code of Federal Regulations,
                    relating to the amendment, modification, suspension, or
                    revocation of an airman certificate, in which the
                    Administrator issues an emergency order under
                    subsections

    [[Page 132 STAT. 3324]]

                    (d) and (e) of section 44709, section 44710, or section
                    46105(c) of title 49, United States Code, or another
                    order that takes effect immediately, the Administrator
                    shall provide, upon request, to the individual holding
                    the airman certificate the releasable portion of the
                    investigative report at the time the Administrator
                    issues the order. If the complete Report of
                    Investigation is not available at the time of the
                    request, the Administrator shall issue all portions of
                    the report that are available at the time and shall
                    provide the full report not later than 5 days after its
                    completion.
                        ``(B) Other orders.--In any nonemergency proceeding
                    conducted under part 821 of title 49, Code of Federal
                    Regulations, relating to the amendment, modification,
                    suspension, or revocation of an airman certificate, in
                    which the Administrator notifies the certificate holder
                    of a proposed certificate action under subsections (b)
                    and (c) of section 44709 or section 44710 of title 49,
                    United States Code, the Administrator shall, upon the
                    written request of the covered certificate holder and at
                    any time after that notification, provide to the covered
                    certificate holder the releasable portion of the
                    investigative report.
                ``(2) Motion for dismissal.--If the Administrator does not
            provide the releasable portions of the investigative report to
            the individual holding the airman certificate subject to the
            proceeding referred to in paragraph (1) by the time required by
            that paragraph, the individual may move to dismiss the complaint
            of the Administrator or for other relief and, unless the
            Administrator establishes good cause for the failure to provide
            the investigative report or for a lack of timeliness, the
            administrative law judge shall order such relief as the judge
            considers appropriate.
                ``(3) Releasable portion of investigative report.--For
            purposes of paragraph (1), the releasable portion of an
            investigative report is all information in the report, except
            for the following:
                        ``(A) Information that is privileged.
                        ``(B) Information that constitutes work product or
                    reflects internal deliberative process.
                        ``(C) Information that would disclose the identity
                    of a confidential source.
                        ``(D) Information the disclosure of which is
                    prohibited by any other provision of law.
                        ``(E) Information that is not relevant to the
                    subject matter of the proceeding.
                        ``(F) Information the Administrator can demonstrate
                    is withheld for good cause.
                        ``(G) Sensitive security information, as defined in
                    section 15.5 of title 49, Code of Federal Regulations
                    (or any corresponding similar ruling or regulation).
                ``(4) Rule of construction.--Nothing in this subsection
            shall be construed to prevent the Administrator from releasing
            to an individual subject to an investigation described in
            subsection (b)(1)--
                        ``(A) information in addition to the information
                    included in the releasable portion of the investigative
                    report; or

    [[Page 132 STAT. 3325]]

                        ``(B) a copy of the investigative report before the
                    Administrator issues a complaint.''.
    SEC. 393. NOTIFICATION OF REEXAMINATION OF CERTIFICATE HOLDERS.

        (a) In General.--Section 44709(a) of title 49, United States Code,
    is amended--
                (1) by striking ``The Administrator'' and inserting the
            following:
                ``(1) In general.--The Administrator'';
                (2) by adding at the end the following:
                ``(2) Notification of reexamination of airman.--Before
            taking any action to reexamine an airman under paragraph (1) the
            Administrator shall provide to the airman--
                        ``(A) a reasonable basis, described in detail, for
                    requesting the reexamination; and
                        ``(B) any information gathered by the Federal
                    Aviation Administration, that the Administrator
                    determines is appropriate to provide, such as the scope
                    and nature of the requested reexamination, that formed
                    the basis for that justification.''.
    SEC. 394. <<NOTE: 49 USC 44701 note.>> EXPEDITING UPDATES TO NOTAM
                            PROGRAM.

        (a) In General.--Beginning on the date that is 180 days after the
    date of enactment of this Act, the Administrator may not take any
    enforcement action against any individual for a violation of a NOTAM (as
    defined in section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701
    note)) until the Administrator certifies to the appropriate committees
    of Congress that the Administrator has complied with the requirements of
    section 3 of the Pilot's Bill of Rights, as amended by this section.
        (b) Amendments.--Section 3 of the Pilot's Bill of Rights (Public Law
    112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended--
                (1) in subsection (a)(2)--
                        (A) in the matter preceding subparagraph (A)--
                              (i) by striking ``this Act'' and inserting
                          ``the Fairness for Pilots Act''; and
                              (ii) by striking ``begin'' and inserting
                          ``complete the implementation of'';
                        (B) by amending subparagraph (B) to read as follows:
                        ``(B) to continue developing and modernizing the
                    NOTAM repository, in a public central location, to
                    maintain and archive all NOTAMs, including the original
                    content and form of the notices, the original date of
                    publication, and any amendments to such notices with the
                    date of each amendment, in a manner that is Internet-
                    accessible, machine-readable, and searchable;'';
                        (C) in subparagraph (C), by striking the period at
                    the end and inserting ``; and''; and
                        (D) by adding at the end the following:
                        ``(D) to specify the times during which temporary
                    flight restrictions are in effect and the duration of a
                    designation of special use airspace in a specific
                    area.''; and
                (2) by amending subsection (d) to read as follows:

        ``(d) Designation of Repository as Sole Source for NOTAMs.--
                ``(1) In general.--The Administrator--

    [[Page 132 STAT. 3326]]

                        ``(A) shall consider the repository for NOTAMs under
                    subsection (a)(2)(B) to be the sole location for airmen
                    to check for NOTAMs; and
                        ``(B) may not consider a NOTAM to be announced or
                    published until the NOTAM is included in the repository
                    for NOTAMs under subsection (a)(2)(B).
                ``(2) Prohibition on taking action for violations of notams
            not in repository.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), beginning on the date that the
                    repository under subsection (a)(2)(B) is final and
                    published, the Administrator may not take any
                    enforcement action against an airman for a violation of
                    a NOTAM during a flight if--
                              ``(i) that NOTAM is not available through the
                          repository before the commencement of the flight;
                          and
                              ``(ii) that NOTAM is not reasonably accessible
                          and identifiable to the airman.
                        ``(B) Exception for national security.--Subparagraph
                    (A) shall not apply in the case of an enforcement action
                    for a violation of a NOTAM that directly relates to
                    national security.''.
    SEC. 395. ACCESSIBILITY OF CERTAIN FLIGHT DATA.

        (a) In General.--Subchapter I of chapter 471 of title 49, United
    States Code, is amended by inserting after section 47124 the following:
    ``Sec. 47124a. <<NOTE: 49 USC 47124a.>>  Accessibility of certain
                          flight data

        ``(a) Definitions.--In this section:
                ``(1) Administration.--The term `Administration' means the
            Federal Aviation Administration.
                ``(2) Administrator.--The term `Administrator' means the
            Administrator of the Federal Aviation Administration.
                ``(3) Applicable individual.--The term `applicable
            individual' means an individual who is the subject of an
            investigation initiated by the Administrator related to a
            covered flight record.
                ``(4) Contract tower.--The term `contract tower' means an
            air traffic control tower providing air traffic control services
            pursuant to a contract with the Administration under section
            47124.
                ``(5) Covered flight record.--The term `covered flight
            record' means any air traffic data (as defined in section
            2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703
            note)), created, maintained, or controlled by any program of the
            Administration, including any program of the Administration
            carried out by employees or contractors of the Administration,
            such as contract towers, flight service stations, and controller
            training programs.

        ``(b) Provision of Covered Flight Record to Administration.--
                ``(1) Requests.--Whenever the Administration receives a
            written request for a covered flight record from an applicable
            individual and the covered flight record is not in the
            possession of the Administration, the Administrator shall
            request the covered flight record from the contract tower or
            other contractor of the Administration in possession of the
            covered flight record.

    [[Page 132 STAT. 3327]]

                ``(2) Provision of records.--Any covered flight record
            created, maintained, or controlled by a contract tower or
            another contractor of the Administration that maintains covered
            flight records shall be provided to the Administration if the
            Administration requests the record pursuant to paragraph (1).
                ``(3) Notice of proposed certificate action.--If the
            Administrator has issued, or subsequently issues, a Notice of
            Proposed Certificate Action relying on evidence contained in the
            covered flight record and the individual who is the subject of
            an investigation has requested the record, the Administrator
            shall promptly produce the record and extend the time the
            individual has to respond to the Notice of Proposed Certificate
            Action until the covered flight record is provided.

        ``(c) Implementation.--
                ``(1) In general.--Not later than 180 days after the date of
            enactment of the Fairness for Pilots Act, the Administrator
            shall promulgate regulations or guidance to ensure compliance
            with this section.
                ``(2) Compliance by contractors.--
                        ``(A) In general.--Compliance with this section by a
                    contract tower or other contractor of the Administration
                    that maintains covered flight records shall be included
                    as a material term in any contract between the
                    Administration and the contract tower or contractor
                    entered into or renewed on or after the date of
                    enactment of the Fairness for Pilots Act.
                        ``(B) Nonapplicability.--Subparagraph (A) shall not
                    apply to any contract or agreement in effect on the date
                    of enactment of the Fairness for Pilots Act unless the
                    contract or agreement is renegotiated, renewed, or
                    modified after that date.

        ``(d) Protection of Certain Data.--The Administrator of the Federal
    Aviation Administration may withhold information that would otherwise be
    required to be made available under section only if--
                ``(1) the Administrator determines, based on information in
            the possession of the Administrator, that the Administrator may
            withhold the information in accordance with section 552a of
            title 5, United States Code; or
                ``(2) the information is submitted pursuant to a voluntary
            safety reporting program covered by section 40123 of title 49,
            United States Code.''.

        (b) Technical and Conforming Amendments.--The table of contents for
    chapter 471 <<NOTE: 49 USC 47101 prec.>>  is amended by inserting after
    the item relating to section 47124 the following:

    ``47124a. Accessibility of certain flight data.''.

    SEC. 396. <<NOTE: 49 USC 46101 note.>>  AUTHORITY FOR LEGAL
                            COUNSEL TO ISSUE CERTAIN NOTICES.

        Not later than 90 days after the date of enactment of this Act, the
    Administrator shall designate the appropriate legal counsel of the
    Administration as an appropriate official for purposes of section 13.11
    of title 14, Code of Federal Regulations.

    [[Page 132 STAT. 3328]]

                       TITLE IV--AIR SERVICE IMPROVEMENTS

                Subtitle A--Airline Customer Service Improvements

    SEC. 401. <<NOTE: 49 USC 40101 note.>>  DEFINITIONS.

        In this title:
                (1) Covered air carrier.--The term ``covered air carrier''
            means an air carrier or a foreign air carrier as those terms are
            defined in section 40102 of title 49, United States Code.
                (2) Online service.--The term ``online service'' means any
            service available over the internet, or that connects to the
            internet or a wide-area network.
                (3) Ticket agent.--The term ``ticket agent'' has the meaning
            given the term in section 40102 of title 49, United States Code.
    SEC. 402. RELIABLE AIR SERVICE IN AMERICAN SAMOA.

        Section 40109(g) of title 49, United States Code, is amended--
                (1) in paragraph (2) by striking subparagraph (C) and
            inserting the following:
                ``(C) review the exemption at least every 30 days (or, in
            the case of an exemption that is necessary to provide and
            sustain air transportation in American Samoa between the islands
            of Tutuila and Manu'a, at least every 180 days) to ensure that
            the unusual circumstances that established the need for the
            exemption still exist.''; and
                (2) by striking paragraph (3) and inserting the following:
                ``(3) Renewal of exemptions.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the Secretary may renew an exemption
                    (including renewals) under this subsection for not more
                    than 30 days.
                        ``(B) Exception.--The Secretary may renew an
                    exemption (including renewals) under this subsection
                    that is necessary to provide and sustain air
                    transportation in American Samoa between the islands of
                    Tutuila and Manu'a for not more than 180 days.
                ``(4) Continuation of exemptions.--An exemption granted by
            the Secretary under this subsection may continue for not more
            than 5 days after the unusual circumstances that established the
            need for the exemption cease.''.
    SEC. 403. CELL PHONE VOICE COMMUNICATION BAN.

        (a) In General.--Subchapter I of chapter 417 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 41725. <<NOTE: 49 USC 41725.>>  Prohibition on certain cell
                        phone voice communications

        ``(a) Prohibition.--The Secretary of Transportation shall issue
    regulations--
                ``(1) to prohibit an individual on an aircraft from engaging
            in voice communications using a mobile communications device
            during a flight of that aircraft in scheduled passenger
            interstate or intrastate air transportation; and

    [[Page 132 STAT. 3329]]

                ``(2) that exempt from the prohibition described in
            paragraph (1) any--
                        ``(A) member of the flight crew on duty on an
                    aircraft;
                        ``(B) flight attendant on duty on an aircraft; and
                        ``(C) Federal law enforcement officer acting in an
                    official capacity.

        ``(b) Definitions.--In this section, the following definitions
    apply:
                ``(1) Flight.--The term `flight' means, with respect to an
            aircraft, the period beginning when the aircraft takes off and
            ending when the aircraft lands.
                ``(2) Mobile communications device.--
                        ``(A) In general.--The term `mobile communications
                    device' means any portable wireless telecommunications
                    equipment utilized for the transmission or reception of
                    voice data.
                        ``(B) Limitation.--The term `mobile communications
                    device' does not include a phone installed on an
                    aircraft.''.

        (b) Clerical Amendment.--The analysis for chapter 417 of title 49,
    United States Code, <<NOTE: 49 USC 41701 prec.>>  is amended by
    inserting after the item relating to section 41724 the following:

    ``41725. Prohibition on certain cell phone voice communications.''.

    SEC. 404. IMPROVED NOTIFICATION OF INSECTICIDE USE.

        Section 42303(b) of title 49, United States Code, is amended to read
    as follows:
        ``(b) Required Disclosures.--An air carrier, foreign air carrier, or
    ticket agent selling, in the United States, a ticket for a flight in
    foreign air transportation to a country listed on the internet website
    established under subsection (a) shall--
                ``(1) disclose, on its own internet website or through other
            means, that the destination country may require the air carrier
            or foreign air carrier to treat an aircraft passenger cabin with
            insecticides prior to the flight or to apply an aerosol
            insecticide in an aircraft cabin used for such a flight when the
            cabin is occupied with passengers; and
                ``(2) refer the purchaser of the ticket to the internet
            website established under subsection (a) for additional
            information.''.
    SEC. 405. CONSUMER COMPLAINTS HOTLINE.

        Section 42302 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(d) Use of New Technologies.--The Secretary shall periodically
    evaluate the benefits of using mobile phone applications or other widely
    used technologies to provide new means for air passengers to communicate
    complaints in addition to the telephone number established under
    subsection (a) and shall provide such new means as the Secretary
    determines appropriate.''.
    SEC. 406. CONSUMER INFORMATION ON ACTUAL FLIGHT TIMES.

        (a) Study.--The Secretary of Transportation shall conduct a study on
    the feasibility and advisability of modifying regulations contained in
    section 234.11 of title 14, Code of Federal Regulations, to ensure
    that--
                (1) a reporting carrier (including its contractors), during
            the course of a reservation or ticketing discussion or other
            inquiry, discloses to a consumer upon reasonable request the

    [[Page 132 STAT. 3330]]

            projected period between the actual wheels-off and wheels-on
            times for a reportable flight; and
                (2) a reporting carrier displays, on the public internet
            website of the carrier, information on the actual wheels-off and
            wheels-on times during the most recent calendar month for a
            reportable flight.

        (b) Definitions.--In this section, the terms ``reporting carrier''
    and ``reportable flight'' have the meanings given those terms in section
    234.2 of title 14, Code of Federal Regulations (as in effect on the date
    of enactment of this Act).
        (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Transportation
    and Infrastructure of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a report on the
    results of the study.
    SEC. 407. <<NOTE: 49 USC 40127 note.>>  TRAINING POLICIES
                            REGARDING RACIAL, ETHNIC, AND RELIGIOUS
                            NONDISCRIMINATION.

        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Comptroller General of the United States
    shall submit to the appropriate committees of Congress and the Secretary
    of Transportation a report describing--
                (1) each air carrier's training policy for its employees and
            contractors regarding racial, ethnic, and religious
            nondiscrimination; and
                (2) how frequently an air carrier is required to train new
            employees and contractors because of turnover in positions that
            require such training.

        (b) Best Practices.--After the date the report is submitted under
    subsection (a), the Secretary shall develop and disseminate to air
    carriers best practices necessary to improve the training policies
    described in subsection (a), based on the findings of the report and in
    consultation with--
                (1) passengers of diverse racial, ethnic, and religious
            backgrounds;
                (2) national organizations that represent impacted
            communities;
                (3) air carriers;
                (4) airport operators; and
                (5) contract service providers.
    SEC. 408. TRAINING ON HUMAN TRAFFICKING FOR CERTAIN STAFF.

        (a) In General.--Chapter 447 of title 49, United States Code, as
    amended by this Act, is further amended by adding at the end the
    following:
    ``Sec. 44738. <<NOTE: 49 USC 44738.>>  Training on human
                        trafficking for certain staff

        ``In addition to other training requirements, each air carrier shall
    provide training to ticket counter agents, gate agents, and other air
    carrier workers whose jobs require regular interaction with passengers
    on recognizing and responding to potential human trafficking victims.''.
        (b) Clerical Amendment.--The analysis for chapter 447 of title 49,
    United States Code, as amended by this Act, <<NOTE: 49 USC 44701
    prec.>>  is further amended by adding at the end the following:

    ``44738. Training on human trafficking for certain staff.''.

    [[Page 132 STAT. 3331]]

    SEC. 409. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.

        Section 41706 of title 49, United States Code, is amended--
                (1) by redesignating subsection (d) as subsection (e); and
                (2) by inserting after subsection (c) the following:

        ``(d) Electronic Cigarettes.--
                ``(1) Inclusion.--The use of an electronic cigarette shall
            be treated as smoking for purposes of this section.
                ``(2) Electronic cigarette defined.--In this section, the
            term `electronic cigarette' means a device that delivers
            nicotine to a user of the device in the form of a vapor that is
            inhaled to simulate the experience of smoking.''.
    SEC. 410. REPORT ON BAGGAGE REPORTING REQUIREMENTS.

        Not later than 6 months after the date of enactment of this Act, the
    Secretary of Transportation shall--
                (1) study and publicize for comment a cost-benefit analysis
            to air carriers and consumers of changing the baggage reporting
            requirements of section 234.6 of title 14, Code of Federal
            Regulations, before the implementation of such requirements; and
                (2) submit a report on the findings of the cost-benefit
            analysis to the appropriate committees of Congress.
    SEC. 411. ENFORCEMENT OF AVIATION CONSUMER PROTECTION RULES.

        (a) In General.--The Comptroller General of the United States shall
    conduct a study to consider and evaluate Department of Transportation
    enforcement of aviation consumer protection rules.
        (b) Contents.--The study under subsection (a) shall include an
    evaluation of--
                (1) available enforcement mechanisms;
                (2) any obstacles to enforcement; and
                (3) trends in Department of Transportation enforcement
            actions.

        (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the study, including the Comptroller
    General's findings, conclusions, and recommendations.
    SEC. 412. STROLLERS.

        (a) In General.--Subchapter I of chapter 417 of title 49, United
    States Code, as amended by this Act, is further amended by adding at the
    end the following:
    ``Sec. 41726. <<NOTE: 49 USC 41726.>>  Strollers

        ``(a) In General.--Except as provided in subsection (b), a covered
    air carrier shall not deny a passenger the ability to check a stroller
    at the departure gate if the stroller is being used by a passenger to
    transport a child traveling on the same flight as the passenger.
        ``(b) Exception.--Subsection (a) shall not apply in instances where
    the size or weight of the stroller poses a safety or security risk.
        ``(c) Covered Air Carrier Defined.--In this section, the term
    `covered air carrier' means an air carrier or a foreign air carrier as
    those terms are defined in section 40102 of title 49, United States
    Code.''.

    [[Page 132 STAT. 3332]]

        (b) Table of Contents.--The analysis for chapter 417 of title 49,
    United States Code, <<NOTE: 49 USC 41701 prec.>>  is further amended by
    inserting after the item relating to section 41725 the following:

    ``41726. Strollers.''.

    SEC. 413. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS.

        (a) Review.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary of Transportation, in
            consultation with the Administrator of the Federal Aviation
            Administration, shall review the categorization of delays and
            cancellations with respect to air carriers that are required to
            report such data.
                (2) Considerations.--In conducting the review under
            paragraph (1), the Secretary shall consider, at a minimum--
                        (A) whether delays and cancellations were the result
                    of--
                              (i) decisions or matters within the control or
                          within the discretion of the Federal Aviation
                          Administration, including ground stop or delay
                          management programs in response to adverse weather
                          conditions;
                              (ii) business decisions or other matters
                          within the air carrier's control or discretion in
                          response to adverse weather conditions, including
                          efforts to disrupt the travel of the fewest number
                          of passengers; or
                              (iii) other factors;
                        (B) if the data indicate whether and to what extent
                    delays and cancellations attributed by an air carrier to
                    weather disproportionately impact service to smaller
                    airports and communities;
                        (C) whether it is an unfair or deceptive practice
                    for an air carrier to inform a passenger that a flight
                    is delayed or cancelled due to weather alone when other
                    factors are involved;
                        (D) limitations, if any, in the Federal Aviation
                    Administration air traffic control systems that reduce
                    the capacity or efficiency of the national airspace
                    system during adverse weather events; and
                        (E) relevant analytical work by academic
                    institutions.
                (3) Consultation.--The Secretary may consult air carriers
            and the Advisory Committee for Aviation Consumer Protection,
            established under section 411 of the FAA Modernization and
            Reform Act of 2012 (49 U.S.C. 42301 prec. note), to assist in
            conducting the review and providing recommendations on improving
            the quality and quantity of information provided to passengers
            adversely affected by a cancellation or delay.

        (b) Report.--Not later than 90 days after the date the review under
    subsection (a) is complete, the Secretary shall submit to the
    appropriate committees of Congress a report on the review under
    subsection (a), including any recommendations.
        (c) Savings Provision.--Nothing in this section shall be construed
    as affecting or penalizing--
                (1) the decision of an air carrier to maximize its system
            capacity during weather-related events to accommodate the
            greatest number of passengers; or

    [[Page 132 STAT. 3333]]

                (2) any decisions of an air carrier or the Federal Aviation
            Administration in any matter related to or affecting the safety
            of any person.
    SEC. 414. INVOLUNTARY CHANGES TO ITINERARIES.

        (a) Review.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary of Transportation shall
            review the rate at which air carriers change passenger
            itineraries more than 24 hours before departure, where the new
            itineraries involve additional stops or depart 3 hours earlier
            or later than originally scheduled and compensation or other
            suitable air transportation is not offered. In conducting the
            review, the Secretary shall consider the compensation and
            alternative travel options provided or offered by the air
            carrier in such situations.
                (2) Consultation.--The Secretary may consult with air
            carriers and the Advisory Committee for Aviation Consumer
            Protection, established under section 411 of the FAA
            Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec.
            note), to assist in conducting the review and providing
            recommendations.

        (b) Report.--Not later than 90 days after the date the review under
    subsection (a) is complete, the Secretary shall submit to appropriate
    committees of Congress a report on the review under subsection (a).
    SEC. 415. EXTENSION OF ADVISORY COMMITTEE FOR AVIATION CONSUMER
                            PROTECTION.

        Section 411 of the FAA Modernization and Reform Act of 2012 (49
    U.S.C. 42301 prec. note) is amended in subsection (h) by striking
    ``2018'' and inserting ``2023''.
    SEC. 416. ONLINE ACCESS TO AVIATION CONSUMER PROTECTION
                            INFORMATION.

        Not later than 180 days after the date of enactment of this Act, the
    Secretary of Transportation shall--
                (1) complete an evaluation of the aviation consumer
            protection portion of the Department of Transportation's public
            internet website to identify any changes to the user interface,
            including the interface presented to individuals accessing the
            website from a mobile device, that will improve usability,
            accessibility, consumer satisfaction, and website performance;
                (2) in completing the evaluation under paragraph (1)--
                        (A) consider the best practices of other Federal
                    agencies with effective websites; and
                        (B) consult with the Federal Web Managers Council;
                (3) develop a plan, including an implementation timeline,
            for--
                        (A) making the changes identified under paragraph
                    (1); and
                        (B) making any necessary changes to that portion of
                    the website that will enable a consumer, in a manner
                    that protects the privacy of consumers and employees,
                    to--
                              (i) access information regarding each
                          complaint filed with the Aviation Consumer
                          Protection Division of the Department of
                          Transportation;

    [[Page 132 STAT. 3334]]

                              (ii) search the complaints described in clause
                          (i) by the name of the air carrier, the dates of
                          departure and arrival, the airports of origin and
                          departure, and the type of complaint; and
                              (iii) determine the date a complaint was filed
                          and the date a complaint was resolved; and
                (4) submit the evaluation and plan to appropriate committees
            of Congress.
    SEC. 417. PROTECTION OF PETS ON AIRPLANES.

        (a) Prohibition.--Chapter 447 of title 49, United States Code, is
    further amended by adding at the end the following:
    ``Sec. 44739. <<NOTE: 49 USC 44739.>>  Pets on airplanes

        ``(a) Prohibition.--It shall be unlawful for any person to place a
    live animal in an overhead storage compartment of an aircraft operated
    under part 121 of title 14, Code of Federal Regulations.
        ``(b) Civil Penalty.--The Administrator may impose a civil penalty
    under section 46301 for each violation of this section.''.
        (b) Conforming Amendment.--The analysis for chapter 447 of title 49,
    United States Code, <<NOTE: 49 USC 44701 prec.>>  is further amended by
    adding at the end the following:

    ``44739. Pets on airplanes.''.

    SEC. 418. <<NOTE: 49 USC 42301 note prec.>>  ADVISORY COMMITTEE ON
                            AIR AMBULANCE AND PATIENT BILLING.

        (a) In General.--Not later than 60 days after the date of enactment
    of this Act, the Secretary of Transportation, in consultation with the
    Secretary of Health and Human Services, shall establish an advisory
    committee for the purpose of reviewing options to improve the disclosure
    of charges and fees for air medical services, better inform consumers of
    insurance options for such services, and protect consumers from balance
    billing.
        (b) Composition of the Advisory Committee.--The advisory committee
    shall be composed of the following members:
                (1) The Secretary of Transportation, or the Secretary's
            designee.
                (2) The Secretary of Health and Human Services, or the
            Secretary's designee.
                (3) One representative, to be appointed by the Secretary of
            Transportation, of each of the following:
                        (A) Each relevant Federal agency, as determined by
                    the Secretary of Transportation.
                        (B) State insurance regulators
                        (C) Health insurance providers.
                        (D) Patient advocacy groups.
                        (E) Consumer advocacy groups.
                        (F) Physician specializing in emergency, trauma,
                    cardiac, or stroke.
                (4) Three representatives, to be appointed by the Secretary
            of Transportation, to represent the various segments of the air
            ambulance industry.
                (5) Additional three representatives not covered under
            paragraphs (1) through (4), as determined necessary and
            appropriate by the Secretary.

    [[Page 132 STAT. 3335]]

        (c) Consultation.--The advisory committee shall, as appropriate,
    consult with relevant experts and stakeholders not captured in (b) while
    conducting its review.
        (d) Recommendations.--The advisory committee shall make
    recommendations with respect to disclosure of charges and fees for air
    ambulance services and insurance coverage, consumer protection and
    enforcement authorities of both the Department of Transportation and
    State authorities, and the prevention of balance billing to consumers.
    The recommendations shall address, at a minimum--
                (1) the costs, benefits, practicability, and impact on all
            stakeholders of clearly distinguishing between charges for air
            transportation services and charges for non-air transportation
            services in bills and invoices, including the costs, benefits,
            and practicability of--
                        (A) developing cost-allocation methodologies to
                    separate charges for air transportation services from
                    charges for non-air transportation services; and
                        (B) formats for bills and invoices that clearly
                    distinguish between charges for air transportation
                    services and charges for non-air transportation
                    services;
                (2) options, best practices, and identified standards to
            prevent instances of balance billing such as improving network
            and contract negotiation, dispute resolution between health
            insurance and air medical service providers, and explanation of
            insurance coverage and subscription programs to consumers;
                (3) steps that can be taken by State legislatures, State
            insurance regulators, State attorneys general, and other State
            officials as appropriate, consistent with current legal
            authorities regarding consumer protection;
                (4) recommendations made by the Comptroller General study,
            GAO-17-637, including what additional data from air ambulance
            providers and other sources should be collected by the
            Department of Transportation to improve its understanding of the
            air ambulance market and oversight of the air ambulance industry
            for the purposes of pursuing action related to unfair or
            deceptive practices or unfair methods of competition, which may
            include--
                        (A) cost data;
                        (B) standard charges and payments received per
                    transport;
                        (C) whether the provider is part of a hospital-
                    sponsored program, municipality-sponsored program,
                    hospital-independent partnership (hybrid) program, or
                    independent program;
                        (D) number of transports per base and helicopter;
                        (E) market shares of air ambulance providers
                    inclusive of any parent or holding companies;
                        (F) any data indicating the extent of competition
                    among air ambulance providers on the basis of price and
                    service;
                        (G) prices assessed to consumers and insurers for
                    air transportation and any non-transportation services
                    provided by air ambulance providers; and
                        (H) financial performance of air ambulance
                    providers;
                (5) definitions of all applicable terms that are not defined
            in statute or regulations; and
                (6) other matters as determined necessary or appropriate.

    [[Page 132 STAT. 3336]]

        (e) Report.--Not later than 180 days after the date of the first
    meeting of the advisory committee, the advisory committee shall submit
    to the Secretary of Transportation, the Secretary of Health and Human
    Services, and the appropriate committees of Congress a report containing
    the recommendations made under subsection (d).
        (f) Rulemaking.--Upon receipt of the report under subsection (e),
    the Secretary of Transportation shall consider the recommendations of
    the advisory committee and issue regulations or other guidance as deemed
    necessary--
                (1) to require air ambulance providers to regularly report
            data to the Department of Transportation;
                (2) to increase transparency related to Department of
            Transportation actions related to consumer complaints; and
                (3) to provide other consumer protections for customers of
            air ambulance providers.

        (g) Elimination of Advisory Council on Transportation Statistics.--
    The Advisory Council on Transportation Statistics shall terminate on the
    date of enactment of this Act.
    SEC. 419. AIR AMBULANCE COMPLAINTS TO THE DEPARTMENT OF
                            TRANSPORTATION.

        (a) Consumer Complaints.--Section 42302 of title 49, United States
    Code, is further amended--
                (1) in subsection (a) by inserting ``(including
            transportation by air ambulance (as defined by the Secretary of
            Transportation))'' after ``air transportation''; and
                (2) by adding at the end the following:

        ``(e) Air Ambulance Providers.--Each air ambulance provider shall
    include the hotline telephone number, link to the Internet website
    established under subsection (a), and contact information for the
    Aviation Consumer Advocate established under section 425 on--
                ``(1) any invoice, bill, or other communication provided to
            a passenger or customer of the provider; and
                ``(2) its Internet Web site, and any related mobile device
            application.''.

        (b) Unfair and Deceptive Practices and Unfair Methods of
    Competition.--Section 41712(a) of title 49, United States Code, is
    amended by inserting ``air ambulance consumer (as defined by the
    Secretary of Transportation),'' after ``foreign air carrier,'' in the
    first place it appears.
    SEC. 420. REPORT TO CONGRESS ON AIR AMBULANCE OVERSIGHT.

        (a) In General.--Not later than 180 days after submission of the
    report required under section 418, the Secretary of Transportation shall
    submit a report to the appropriate committees of Congress on air
    ambulance oversight.
        (b) Contents of Report.--The report required under subsection (a)
    shall include--
                (1) a description of how the Secretary will conduct
            oversight of air ambulance providers, including the information
            sources the Secretary will use to conduct such oversight; and
                (2) a timeline for the issuance of any guidance concerning
            unfair and deceptive practices among air ambulance providers,
            including guidance for States and political subdivisions of
            States to refer such matters to the Secretary.

    [[Page 132 STAT. 3337]]

    SEC. 421. <<NOTE: 49 USC 42301 note prec.>>  REFUNDS FOR OTHER
                            FEES THAT ARE NOT HONORED BY A COVERED AIR
                            CARRIER.

        Not later than 1 year after the date of enactment of this Act, the
    Secretary of Transportation shall promulgate regulations that require
    each covered air carrier to promptly provide a refund to a passenger of
    any ancillary fees paid for services related to air travel that the
    passenger does not receive, including on the passenger's scheduled
    flight, on a subsequent replacement itinerary if there has been a
    rescheduling, or for a flight not taken by the passenger.
    SEC. 422. <<NOTE: 49 USC 42301 note prec.>>  ADVANCE BOARDING
                            DURING PREGNANCY.

        Not later than 180 days after the date of enactment of this Act, the
    Secretary of Transportation shall review air carrier policies regarding
    traveling during pregnancy and, if appropriate, may revise regulations,
    as the Secretary considers necessary, to require an air carrier to offer
    advance boarding of an aircraft to a pregnant passenger who requests
    such assistance.
    SEC. 423. CONSUMER COMPLAINT PROCESS IMPROVEMENT.

        (a) In General.--Section 42302(c) of title 49, United States Code is
    amended--
                (1) in the matter preceding paragraph (1), by striking ``An
            air carrier or foreign air carrier providing scheduled air
            transportation using any aircraft that as originally designed
            has a passenger capacity of 30 or more passenger seats'' and
            inserting ``Each air carrier and foreign air carrier'';
                (2) in paragraph (1), by striking ``air carrier'' and
            inserting ``carrier''; and
                (3) in paragraph (2), by striking ``air carrier'' and
            inserting ``carrier''.

        (b) <<NOTE: 49 USC 42302 note.>>  Rulemaking.--Not later than 1 year
    after the date of enactment of this Act, the Secretary of Transportation
    shall promulgate regulations to implement the requirements of section
    42302 of title 49, United States Code, as amended by this Act.
    SEC. 424. <<NOTE: 49 USC 42302 note.>>  AVIATION CONSUMER
                            ADVOCATE.

        (a) In General.--The Secretary of Transportation shall review
    aviation consumer complaints received that allege a violation of law
    and, as appropriate, pursue enforcement or corrective actions that would
    be in the public interest.
        (b) Considerations.--In considering which cases to pursue for
    enforcement or corrective action under subsection (a), the Secretary
    shall consider--
                (1) the Air Carrier Access Act of 1986 (Public Law 99-435;
            100 Stat. 1080);
                (2) unfair and deceptive practices by air carriers
            (including air ambulance operators), foreign air carriers, and
            ticket agents;
                (3) the terms and conditions agreed to between passengers
            and air carriers (including air ambulance operators), foreign
            air carriers, or ticket agents;
                (4) aviation consumer protection and tarmac delay
            contingency planning requirements for both airports and
            airlines;
                (5) protection of air ambulance consumers; and
                (6) any other applicable law.

        (c) Aviation Consumer Advocate.--

    [[Page 132 STAT. 3338]]

                (1) In general.--Within the Aviation Consumer Protection
            Division of the Department of Transportation, there shall be an
            Aviation Consumer Advocate.
                (2) Functions.--The Aviation Consumer Advocate shall--
                        (A) assist consumers in resolving carrier service
                    complaints filed with the Aviation Consumer Protection
                    Division;
                        (B) review the resolution by the Department of
                    Transportation of carrier service complaints;
                        (C) identify and recommend actions the Department
                    can take to improve the enforcement of aviation consumer
                    protection rules, protection of air ambulance consumers,
                    and resolution of carrier service complaints; and
                        (D) identify and recommend regulations and policies
                    that can be amended to more effectively resolve carrier
                    service complaints.

        (d) Annual Reports.--The Secretary, through the Aviation Consumer
    Advocate, shall submit to the appropriate committees of Congress an
    annual report summarizing the following:
                (1) The total number of annual complaints received by the
            Department, including the number of complaints by the name of
            each air carrier and foreign air carrier.
                (2) The total number of annual complaints by category of
            complaint.
                (3) The number of complaints referred in the preceding year
            for enforcement or corrective action by the Department.
                (4) Any recommendations under paragraphs (2)(C) and (2)(D)
            of subsection (c).
                (5) Such other data as the Aviation Consumer Advocate
            considers appropriate.

        (e) Sunset on Reporting Requirement.--The reporting requirement of
    subsection (d) shall terminate on September 30, 2023.
    SEC. 425. <<NOTE: Transparency Improvements and Compensation to
                            Keep Every Ticketholder Safe Act of
                            2018.>>  TICKETS ACT.

        (a) <<NOTE: 49 USC 42301 note prec.>>  Short Title.--This section
    may be cited as the ``Transparency Improvements and Compensation to Keep
    Every Ticketholder Safe Act of 2018'' or the ``TICKETS Act''.

        (b) Boarded Passengers.--Beginning on the date of enactment of this
    Act, a covered air carrier may not deny a revenue passenger traveling on
    a confirmed reservation permission to board, or involuntarily remove
    that passenger from the aircraft, once a revenue passenger has--
                (1) checked in for the flight prior to the check-in
            deadline; and
                (2) had their ticket or boarding pass collected or
            electronically scanned and accepted by the gate agent.

        (c) Limitations.--The prohibition pursuant to subsection (b) shall
    not apply when--
                (1) there is a safety, security, or health risk with respect
            to that revenue passenger or there is a safety or security issue
            requiring removal of a revenue passenger; or
                (2) the revenue passenger is engaging in behavior that is
            obscene, disruptive, or otherwise unlawful.

        (d) Rule of Construction.--Nothing in this section may be construed
    to limit or otherwise affect the responsibility or authority of a pilot
    in command of an aircraft under section 121.533 of

    [[Page 132 STAT. 3339]]

    title 14, Code of Federal Regulations, or limit any penalty under
    section 46504 of title 49, United States Code.
        (e) Involuntary Denied Boarding Compensation.--Not later than 60
    days after the date of enactment of this Act, the Secretary of
    Transportation shall issue a final rule to revise part 250 of title 14,
    Code of Federal Regulations, to clarify that--
                (1) there is not a maximum level of compensation an air
            carrier or foreign air carrier may pay to a passenger who is
            involuntarily denied boarding as the result of an oversold
            flight;
                (2) the compensation levels set forth in that part are the
            minimum levels of compensation an air carrier or foreign air
            carrier must pay to a passenger who is involuntarily denied
            boarding as the result of an oversold flight; and
                (3) an air carrier or foreign air carrier must proactively
            offer to pay compensation to a passenger who is voluntarily or
            involuntarily denied boarding on an oversold flight, rather than
            waiting until the passenger requests the compensation.

        (f) GAO Report on Oversales.--
                (1) In general.--The Comptroller General of the United
            States shall review airline policies and practices related to
            oversales of flights.
                (2) Considerations.--In conducting the review under
            paragraph (1), the Comptroller General shall examine--
                        (A) the impact on passengers as a result of an
                    oversale, including increasing or decreasing the costs
                    of passenger air transportation;
                        (B) economic and operational factors which result in
                    oversales;
                        (C) whether, and if so how, the incidence of
                    oversales varies depending on markets;
                        (D) potential consequences on the limiting of
                    oversales; and
                        (E) best practices on how oversale policies can be
                    communicated to passengers at airline check-in desks and
                    airport gates.
                (3) Report.--Not later than 1 year after the date of
            enactment of this Act, the Comptroller General shall submit to
            the appropriate committees of Congress a report on the review
            under paragraph (2).

        (g) Gate Notice of Policies.--The Secretary may provide guidance on
    how these policies should be communicated at covered air carrier check-
    in desks and airport gates.
    SEC. 426. REPORT ON AVAILABILITY OF LAVATORIES ON COMMERCIAL
                            AIRCRAFT.

        Not later than 180 days after the date of enactment of this Act, the
    Comptroller General of the United States shall submit to the appropriate
    committees of Congress a report assessing--
                (1) the availability of functional lavatories on commercial
            aircraft;
                (2) the extent to which flights take off without functional
            lavatories;
                (3) the ability of passengers with disabilities to access
            lavatories on commercial aircraft;

    [[Page 132 STAT. 3340]]

                (4) the extent of complaints to the Department of
            Transportation and air carriers related to lavatories and
            efforts they have taken to address complaints; and
                (5) the extent to which air carriers are reducing the size
            and number of lavatories to add more seats and whether this
            creates passenger lavatory access issues.
    SEC. 427. <<NOTE: 49 USC 42301 note prec.>>  CONSUMER PROTECTION
                            REQUIREMENTS RELATING TO LARGE TICKET
                            AGENTS.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Secretary of Transportation shall issue a final rule to
    require large ticket agents to adopt minimum customer service standards.
        (b) Purpose.--The purpose of the final rule shall be to ensure that,
    to the extent feasible, there is a consistent level of consumer
    protection regardless of where consumers purchase air fares and related
    air transportation services.
        (c) Standards.--In issuing the final rule, the Secretary shall
    consider, to the extent feasible, establishing standards consistent with
    all customer service and disclosure requirements applicable to covered
    air carriers under this title and associated regulations.
        (d) Definitions.--In this section, the following definitions apply:
                (1) Ticket agent.--
                        (A) In general.--Subject to subparagraph (B), the
                    term ``ticket agent'' has the meaning given that term in
                    section 40102(a) of title 49, United States Code.
                        (B) Inclusion.--The term ``ticket agent'' includes a
                    person who acts as an intermediary involved in the sale
                    of air transportation directly or indirectly to
                    consumers, including by operating an electronic airline
                    information system, if the person--
                              (i) holds the person out as a source of
                          information about, or reservations for, the air
                          transportation industry; and
                              (ii) receives compensation in any way related
                          to the sale of air transportation.
                (2) Large ticket agent.--The term ``large ticket agent''
            means a ticket agent with annual revenues of $100,000,000 or
            more.

        (e) Enforcement.--No large ticket agent may be found in
    noncompliance of any standard or requirement adopted in the final rule
    required by this section if--
                (1) the large ticket agent is unable to meet the new
            standard or requirement due to the lack of information or data
            from the covered air carrier and the information is required for
            the large ticket agent to comply with such standard or
            requirement; or
                (2) the sale of air transportation is made by a large ticket
            agent pursuant to a specific corporate or government fare
            management contract.
    SEC. 428. WIDESPREAD DISRUPTIONS.

        (a) In General.--Chapter 423 of title 49, United States Code, is
    amended by adding at the end the following:

    [[Page 132 STAT. 3341]]

    ``Sec. 42304. <<NOTE: 49 USC 42304.>>  Widespread disruptions

        ``(a) General Requirements.--In the event of a widespread
    disruption, a covered air carrier shall immediately publish, via a
    prominent link on the air carrier's public internet website, a clear
    statement indicating whether, with respect to a passenger of the air
    carrier whose travel is interrupted as a result of the widespread
    disruption, the air carrier will--
                ``(1) provide for hotel accommodations;
                ``(2) arrange for ground transportation;
                ``(3) provide meal vouchers;
                ``(4) arrange for air transportation on another air carrier
            or foreign air carrier to the passenger's destination; and
                ``(5) provide for sleeping facilities inside the airport
            terminal.

        ``(b) Definitions.--In this section, the following definitions
    apply:
                ``(1) Widespread disruption.--The term `widespread
            disruption' means, with respect to a covered air carrier, the
            interruption of all or the overwhelming majority of the air
            carrier's systemwide flight operations, including flight delays
            and cancellations, as the result of the failure of 1 or more
            computer systems or computer networks of the air carrier.
                ``(2) Covered air carrier.--The term `covered air carrier'
            means an air carrier that provides scheduled passenger air
            transportation by operating an aircraft that as originally
            designed has a passenger capacity of 30 or more seats.

        ``(c) Savings Provision.--Nothing in this section may be construed
    to modify, abridge, or repeal any obligation of an air carrier under
    section 42301.''.
        (b) Conforming Amendment.--The analysis for chapter 423 of title 49,
    United States Code, <<NOTE: 49 USC 42301 prec.>>  is amended by adding
    at the end the following:

    ``42304. Widespread disruptions.''.

    SEC. 429. <<NOTE: 49 USC 42301 note prec.>>  PASSENGER RIGHTS.

        (a) Guidelines.--Not later than 90 days after the date of enactment
    of this Act, the Secretary of Transportation shall require each covered
    air carrier to submit a summarized 1-page document that describes the
    rights of passengers in air transportation, including guidelines for the
    following:
                (1) Compensation (regarding rebooking options, refunds,
            meals, and lodging) for flight delays of various lengths.
                (2) Compensation (regarding rebooking options, refunds,
            meals, and lodging) for flight diversions.
                (3) Compensation (regarding rebooking options, refunds,
            meals, and lodging) for flight cancellations.
                (4) Compensation for mishandled baggage, including delayed,
            damaged, pilfered, or lost baggage.
                (5) Voluntary relinquishment of a ticketed seat due to
            overbooking or priority of other passengers.
                (6) Involuntary denial of boarding and forced removal for
            whatever reason, including for safety and security reasons.

        (b) Filing of Summarized Guidelines.--Not later than 90 days after
    each air carrier submits its guidelines to the Secretary under
    subsection (a), the air carrier shall make available such 1-page
    document in a prominent location on its website.

    [[Page 132 STAT. 3342]]

                Subtitle B--Aviation Consumers With Disabilities

    SEC. 431. AVIATION CONSUMERS WITH DISABILITIES STUDY.

        (a) Study.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General of the United States shall conduct a
    study that includes--
                (1) a review of airport accessibility best practices for
            individuals with disabilities, including best practices that
            improve infrastructure facilities and communications methods,
            including those related to wayfinding, amenities, and passenger
            care;
                (2) a review of air carrier and airport training policies
            related to section 41705 of title 49, United States Code;
                (3) a review of air carrier training policies related to
            properly assisting passengers with disabilities; and
                (4) a review of accessibility best practices that exceed
            those recommended under Public Law 90-480 (popularly known as
            the Architectural Barriers Act of 1968; 42 U.S.C. 4151 et seq.),
            the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Air
            Carrier Access Act of 1986 (Public Law 99-435; 100 Stat. 1080 et
            seq.), and the Americans with Disabilities Act of 1990 (42
            U.S.C. 12101 et seq.).

        (b) Report.--Not later than 1 year after the date the Comptroller
    General initiates the study under subsection (a), the Comptroller
    General shall submit to the Secretary of Transportation and the
    appropriate committees of Congress a report on the study, including
    findings and recommendations.
    SEC. 432. STUDY ON IN-CABIN WHEELCHAIR RESTRAINT SYSTEMS.

        (a) Study.--Not later than 2 years after the date of enactment of
    this Act, the Architectural and Transportation Barriers Compliance
    Board, in consultation with the Secretary of Transportation, aircraft
    manufacturers, air carriers, and disability advocates, shall conduct a
    study to determine--
                (1) the feasibility of in-cabin wheelchair restraint
            systems; and
                (2) if feasible, the ways in which individuals with
            significant disabilities using wheelchairs, including power
            wheelchairs, can be accommodated with in-cabin wheelchair
            restraint systems.

        (b) Report.--Not later than 1 year after the initiation of the study
    under subsection (a), the Architectural and Transportation Barriers
    Compliance Board shall submit to the appropriate committees of Congress
    a report on the findings of the study.
    SEC. 433. <<NOTE: 49 USC 41705 note.>>  IMPROVING WHEELCHAIR
                            ASSISTANCE FOR INDIVIDUALS WITH
                            DISABILITIES.

        Following the receipt of the report required under section 2107 of
    the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190;
    130 Stat. 622), the Secretary of Transportation shall develop, if
    appropriate, specific recommendations regarding improvements to
    wheelchair assistance provided by air carriers and recommendations on
    how training programs by air carriers can address consumer complaints
    regarding wheelchair assistance.

    [[Page 132 STAT. 3343]]

    SEC. 434. <<NOTE: 49 USC 41705 note.>>  AIRLINE PASSENGERS WITH
                            DISABILITIES BILL OF RIGHTS.

        (a) Airline Passengers With Disabilities Bill of Rights.--The
    Secretary of Transportation shall develop a document, to be known as the
    ``Airline Passengers with Disabilities Bill of Rights'', using plain
    language to describe the basic protections and responsibilities of
    covered air carriers, their employees and contractors, and people with
    disabilities under the section 41705 of title 49, United States Code.
        (b) Content.--In developing the Airline Passengers with Disabilities
    Bill of Rights under subsection (a), the Secretary shall include, at a
    minimum, plain language descriptions of protections and responsibilities
    provided in law related to the following:
                (1) The right of passengers with disabilities to be treated
            with dignity and respect.
                (2) The right of passengers with disabilities to receive
            timely assistance, if requested, from properly trained covered
            air carrier and contractor personnel.
                (3) The right of passengers with disabilities to travel with
            wheelchairs, mobility aids, and other assistive devices,
            including necessary medications and medical supplies, including
            stowage of such wheelchairs, aids, and devices.
                (4) The right of passengers with disabilities to receive
            seating accommodations, if requested, to accommodate a
            disability.
                (5) The right of passengers with disabilities to receive
            announcements in an accessible format.
                (6) The right of passengers with disabilities to speak with
            a complaint resolution officer or to file a complaint with a
            covered air carrier or the Department of Transportation.

        (c) Rule of Construction.--The development of the Airline Passengers
    with Disabilities Bill of Rights under subsections (a) and (b) shall not
    be construed as expanding or restricting the rights available to
    passengers with disabilities on the day before the date of the enactment
    of this Act pursuant to any statute or regulation.
        (d) Consultations.--In developing the Airline Passengers with
    Disabilities Bill of Rights under subsection (a), the Secretary of
    Transportation shall consult with stakeholders, including disability
    organizations and covered air carriers and their contractors.
        (e) Display.--Each covered air carrier shall include the Airline
    Passengers with Disabilities Bill of Rights--
                (1) on a publicly available internet website of the covered
            air carrier; and
                (2) in any pre-flight notifications or communications
            provided to passengers who alert the covered air carrier in
            advance of the need for accommodations relating to a disability.

        (f) Training.--Covered air carriers and contractors of covered air
    carriers shall submit to the Secretary of Transportation plans that
    ensure employees of covered air carriers and their contractors receive
    training on the protections and responsibilities described in the
    Airline Passengers with Disabilities Bill of Rights. The Secretary shall
    review such plans to ensure the plans address the matters described in
    subsection (b).
    SEC. 435. SENSE OF CONGRESS REGARDING EQUAL ACCESS FOR INDIVIDUALS
                            WITH DISABILITIES.

        It is the sense of Congress that--

    [[Page 132 STAT. 3344]]

                (1) the aviation industry and every relevant stakeholder
            must work to ensure that every individual who experiences a
            disability has equal access to air travel;
                (2) as technology and ease of travel continue to advance,
            accessibility must be a priority; and
                (3) accommodations must--
                        (A) extend to every airport and service or facility
                    of an air carrier; and
                        (B) be inclusive of every disability.
    SEC. 436. CIVIL PENALTIES RELATING TO HARM TO PASSENGERS WITH
                            DISABILITIES.

        Section 46301(a) of title 49, United States Code, is amended by
    adding at the end the following:
        ``(7) Penalties Relating to Harm to Passengers With Disabilities.--
                ``(A) Penalty for bodily harm or damage to wheelchair or
            other mobility aid.--The amount of a civil penalty assessed
            under this section for a violation of section 41705 that
            involves damage to a passenger's wheelchair or other mobility
            aid or injury to a passenger with a disability may be increased
            above the otherwise applicable maximum amount under this section
            for a violation of section 41705 to an amount not to exceed 3
            times the maximum penalty otherwise allowed.
                ``(B) Each act constitutes separate offense.--
            Notwithstanding paragraph (2), a separate violation of section
            41705 occurs for each act of discrimination prohibited by that
            section.''.
    SEC. 437. <<NOTE: 49 USC 41705 note.>>  HARMONIZATION OF SERVICE
                            ANIMAL STANDARDS.

        (a) Rulemaking.--The Secretary of Transportation shall conduct a
    rulemaking proceeding--
                (1) to define the term ``service animal'' for purposes of
            air transportation; and
                (2) to develop minimum standards for what is required for
            service and emotional support animals carried in aircraft
            cabins.

        (b) Considerations.--In conducting the rulemaking under subsection
    (a), the Secretary shall consider, at a minimum--
                (1) whether to align the definition of ``service animal''
            with the definition of that term in regulations of the
            Department of Justice implementing the Americans with
            Disabilities Act of 1990 (Public Law 101-336);
                (2) reasonable measures to ensure pets are not claimed as
            service animals, such as--
                        (A) whether to require photo identification for a
                    service animal identifying the type of animal, the breed
                    of animal, and the service the animal provides to the
                    passenger;
                        (B) whether to require documentation indicating
                    whether or not a service animal was trained by the owner
                    or an approved training organization;
                        (C) whether to require, from a licensed physician,
                    documentation indicating the mitigating task or tasks a
                    service animal provides to its owner; and
                        (D) whether to allow a passenger to be accompanied
                    by more than 1 service animal;
                (3) reasonable measures to ensure the safety of all
            passengers, such as--

    [[Page 132 STAT. 3345]]

                        (A) whether to require health and vaccination
                    records for a service animal; and
                        (B) whether to require third-party proof of
                    behavioral training for a service animal;
                (4) the impact additional requirements on service animals
            could have on access to air transportation for passengers with
            disabilities; and
                (5) if impacts on access to air transportation for
            passengers with disabilities are found, ways to eliminate or
            mitigate those impacts.

        (c) Final Rule.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall issue a final rule pursuant
    to the rulemaking conducted under this section.
    SEC. 438. REVIEW OF PRACTICES FOR TICKETING, PRE-FLIGHT SEAT
                            ASSIGNMENTS, AND STOWING OF ASSISTIVE
                            DEVICES FOR PASSENGERS WITH DISABILITIES.

        (a) Review.--
                (1) In general.--Not later than 30 days after the first
            meeting of the advisory committee on the air travel needs of
            passengers with disabilities established in section 439
            (referred to in this section as the ``Advisory Committee''), the
            Secretary of Transportation shall direct the Advisory Committee
            to review current regulations with respect to practices for
            ticketing, pre-flight seat assignments, and stowing of assistive
            devices for passengers with disabilities.
                (2) Recommendations.--In carrying out the review under
            paragraph (1), the Advisory Committee shall, at a minimum,
            provide recommendations on whether current regulations should be
            modified or prescribed to--
                        (A) provide accommodations for passengers with
                    disabilities, if requested, in ticketing and pre-flight
                    assignments;
                        (B) require covered air carriers to provide priority
                    access to bulkhead seating to passengers with
                    disabilities who need access to features of those seats
                    due to disabilities regardless of class of service of
                    ticket purchased; and
                        (C) ensure passengers with disabilities are able to
                    stow assistive devices without cost.

        (b) Report.--Not later than 6 months after the date of their first
    meeting, the Advisory Committee shall submit to the Secretary of
    Transportation and the appropriate committees of Congress a report on
    the review conducted under subsection (a)(1), including the
    recommendations developed under subsection (a)(2).
    SEC. 439. <<NOTE: 49 USC 41705 note.>>  ADVISORY COMMITTEE ON THE
                            AIR TRAVEL NEEDS OF PASSENGERS WITH
                            DISABILITIES.

        (a) Establishment.--The Secretary of Transportation shall establish
    an advisory committee on issues related to the air travel needs of
    passengers with disabilities (referred to in this section as the
    ``Advisory Committee'').
        (b) Duties.--The Advisory Committee shall--
                (1) identify and assess the disability-related access
            barriers encountered by passengers with disabilities;
                (2) determine the extent to which the programs and
            activities of the Department of Transportation are addressing
            the barriers identified in paragraph (1);

    [[Page 132 STAT. 3346]]

                (3) recommend consumer protection improvements to the air
            travel experience of passengers with disabilities;
                (4) advise the Secretary with regard to the implementation
            of section 41705 of title 49, United States Code; and
                (5) conduct such activities as the Secretary considers
            necessary to carry out this section.

        (c) Membership.--
                (1) In general.--The Advisory Committee shall be composed of
            at least 1 representative of each of the following groups:
                        (A) Passengers with disabilities.
                        (B) National disability organizations.
                        (C) Air carriers.
                        (D) Airport operators.
                        (E) Contractor service providers.
                        (F) Aircraft manufacturers.
                        (G) Wheelchair manufacturers.
                        (H) National veterans organizations representing
                    disabled veterans.
                (2) Appointment.--The Secretary of Transportation shall
            appoint each member of the Advisory Committee.
                (3) Vacancies.--A vacancy in the Advisory Committee shall be
            filled in the manner in which the original appointment was made.

        (d) Chairperson.--The Secretary of Transportation shall designate,
    from among the members appointed under subsection (c), an individual to
    serve as chairperson of the Advisory Committee.
        (e) Travel Expenses.--Members of the Advisory Committee shall serve
    without pay, but shall receive travel expenses, including per diem in
    lieu of subsistence, in accordance with subchapter I of chapter 57 of
    title 5, United States Code.
        (f) Reports.--
                (1) In general.--Not later than 14 months after the date of
            establishment of the Advisory Committee, and annually
            thereafter, the Advisory Committee shall submit to the Secretary
            of Transportation a report on the needs of passengers with
            disabilities in air travel, including--
                        (A) an assessment of existing disability-related
                    access barriers, and any emerging disability-related
                    access barriers that will likely be an issue in the next
                    5 calendar years;
                        (B) an evaluation of the extent to which the
                    Department of Transportation's programs and activities
                    are eliminating disability-related access barriers;
                        (C) a description of the Advisory Committee's
                    actions;
                        (D) a description of improvements related to the air
                    travel experience of passengers with disabilities; and
                        (E) any recommendations for legislation,
                    administrative action, or other action that the Advisory
                    Committee considers appropriate.
                (2) Report to congress.--Not later than 60 days after the
            date the Secretary receives the report under paragraph (1), the
            Secretary shall submit to the appropriate committees of Congress
            a copy of the report, including any additional findings or
            recommendations that the Secretary considers appropriate.

    [[Page 132 STAT. 3347]]

        (g) Termination.--The Advisory Committee established under this
    section shall terminate on September 30, 2023.
        (h) Termination of the Next Generation Air Transportation System
    Senior Policy Committee.--The Next Generation Air Transportation System
    Senior Policy Committee established by the Secretary of Transportation
    shall terminate on the date of the initial appointment of the members of
    the Advisory Committee.
    SEC. 440. <<NOTE: 49 USC 41705 note.>>  REGULATIONS ENSURING
                            ASSISTANCE FOR PASSENGERS WITH
                            DISABILITIES IN AIR TRANSPORTATION.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Secretary of Transportation shall--
                (1) review, and if necessary revise, applicable regulations
            to ensure that passengers with disabilities who request
            assistance while traveling in air transportation receive
            dignified, timely, and effective assistance at airports and on
            aircraft from trained personnel; and
                (2) review, and if necessary revise, applicable regulations
            related to covered air carrier training programs for air carrier
            personnel, including contractors, who provide physical
            assistance to passengers with disabilities to ensure that
            training under such programs--
                        (A) occurs on an annual schedule for all new and
                    continuing personnel charged with providing physical
                    assistance; and
                        (B) includes, as appropriate, instruction by
                    personnel, with hands-on training for employees who
                    physically lift or otherwise physically assist
                    passengers with disabilities, including the use of
                    relevant equipment.

        (b) Types of Assistance.--The assistance referred to subsection
    (a)(1) may include requests for assistance in boarding or deplaning an
    aircraft, requests for assistance in connecting between flights, and
    other similar or related requests, as appropriate.
    SEC. 441. TRANSPARENCY FOR DISABLED PASSENGERS.

        The compliance date of the final rule, dated November 2, 2016, on
    the reporting of data for mishandled baggage and wheelchairs in aircraft
    cargo compartments (81 Fed. Reg. 76300) shall be effective not later
    than 60 days after the date of enactment of this Act.

                     Subtitle C--Small Community Air Service

    SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION.

        (a) In General.--Section 41742(a)(2) of title 49, United States
    Code, is amended by striking ``$150,000,000 for fiscal year 2011'' and
    all that follows before ``to carry out'' and inserting ``$155,000,000
    for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000
    for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000
    for fiscal year 2022, and $172,000,000 for fiscal year 2023''.
        (b) <<NOTE: 49 USC 41733 note.>>  Seasonal Service.--The Secretary
    of Transportation may consider the flexibility of current operational
    dates and airport accessibility to meet local community needs when
    issuing requests for proposal of essential air service at seasonal
    airports.

    [[Page 132 STAT. 3348]]

    SEC. 452. STUDY ON ESSENTIAL AIR SERVICE REFORM.

        (a) Study.--
                (1) In general.--The Comptroller General of the United
            States shall conduct a study on the effects of section 6 of the
            Airport and Airway Extension Act of 2011, Part IV (Public Law
            112-27), section 421 of the FAA Modernization and Reform Act of
            2012 (Public Law 112-95), and other relevant Federal laws
            enacted after 2010, including the amendments made by those laws,
            on the Essential Air Service program.
                (2) Scope.--In conducting the study under paragraph (1), the
            Comptroller General shall analyze, at a minimum--
                        (A) the impact of each relevant Federal law,
                    including the amendments made by each law, on the
                    Essential Air Service program;
                        (B) what actions communities and air carriers have
                    taken to reduce ticket prices or increase enplanements
                    as a result of each law;
                        (C) the issuance of waivers by the Secretary under
                    section 41731(e) of title 49, United States Code;
                        (D) whether budgetary savings resulted from each
                    law; and
                        (E) options for further reform of the Essential Air
                    Service program.

        (b) Required Analysis on Communities.--In carrying out subsection
    (a)(2)(E) the Comptroller General shall include, for each option for
    further reform, an analysis of the impact on local economies of
    communities with airports receiving Essential Air Service funding,
    access to air travel for residents of rural communities and the impact
    to local businesses in such communities.
        (c) Report.--Not later than 180 days after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the results of the study conducted
    under subsection (a).
    SEC. 453. AIR TRANSPORTATION TO NONELIGIBLE PLACES.

        (a) Definitions.--Section 41731(a)(1)(A)(ii) of title 49, United
    States Code, is amended by striking ``Wendell H. Ford Aviation
    Investment and Reform Act for the 21st Century,'' and inserting ``FAA
    Extension, Safety, and Security Act of 2016 (Public Law 114-190),''.
        (b) Program Sunset.--Section 41736 of title 49, United States Code,
    is amended by adding at the end the following:
        ``(h) Sunset.--
                ``(1) Proposals.--No proposal under subsection (a) may be
            accepted by the Secretary after the date of enactment of this
            subsection.
                ``(2) Program.--The Secretary may not provide any
            compensation under this section after the date that is 2 years
            after the date of enactment of this subsection.''.
    SEC. 454. INSPECTOR GENERAL REVIEW OF SERVICE AND OVERSIGHT OF
                            UNSUBSIDIZED CARRIERS.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the inspector general of the Department of Transportation
    shall conduct and complete a review of orders issued by the Department
    of Transportation from 2005 through the date of enactment of this Act to
    determine whether the carriers providing

    [[Page 132 STAT. 3349]]

    unsubsidized service provided basic essential air service, and whether
    the Department conducted sufficient oversight of carriers providing
    unsubsidized service to ensure air service quality and community
    satisfaction.
        (b) Contents.--The review shall include, at a minimum--
                (1) a review of the Department's efforts to communicate to
            the community served by the unsubsidized carrier on any material
            air service changes; and
                (2) a review of the Department's efforts to closely monitor
            the quality of air service provided by the unsubsidized carrier
            and request proposals for basic essential air service if
            necessary.

        (c) Report.--Not later than 30 days after the date of completion of
    the review, the inspector general shall submit to the appropriate
    committees of Congress a report on the results of the review.
    SEC. 455. SMALL COMMUNITY AIR SERVICE.

        (a) Eligibility.--Section 41743(c) of title 49, United States Code,
    is amended--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) Size.--On the date of submission of the relevant
            application under subsection (b), the airport serving the
            community or consortium--
                        ``(A) is not larger than a small hub airport, as
                    determined using the Department of Transportation's most
                    recently published classification; and
                        ``(B) has--
                              ``(i) insufficient air carrier service; or
                              ``(ii) unreasonably high air fares.'';
                (2) by striking paragraph (4) and inserting the following:
                ``(4) Overall limit.--
                        ``(A) In general.--No more than 40 communities or
                    consortia of communities, or a combination thereof, may
                    be selected to participate in the program in each year
                    for which funds are appropriated for the program.
                        ``(B) Same projects.--Except as provided in
                    subparagraph (C), no community, consortia of
                    communities, or combination thereof may participate in
                    the program in support of the same project more than
                    once in a 10-year period, but any community, consortia
                    of communities, or combination thereof may apply,
                    subsequent to such participation, to participate in the
                    program in support of a different project at any time.
                        ``(C) Exception.--The Secretary may waive the
                    limitation under subparagraph (B) related to projects
                    that are the same if the Secretary determines that the
                    community or consortium spent little or no money on its
                    previous project or encountered industry or
                    environmental challenges, due to circumstances that were
                    reasonably beyond the control of the community or
                    consortium.'';
                (3) in paragraph (5)--
                        (A) by redesignating subparagraphs (E) and (F) as
                    subparagraphs (F) and (G), respectively; and
                        (B) by inserting after subparagraph (D) the
                    following:
                        ``(E) the assistance will be used to help restore
                    scheduled passenger air service that has been
                    terminated;''.

        (b) Authority to Make Agreements.--Section 41743(e)(1) of title 49,
    United States Code, is amended by adding at the end

    [[Page 132 STAT. 3350]]

    the following: ``The Secretary may amend the scope of a grant agreement
    at the request of the community or consortium and any participating air
    carrier, and may limit the scope of a grant agreement to only the
    elements using grant assistance or to only the elements achieved, if the
    Secretary determines that the amendment is reasonably consistent with
    the original purpose of the project.''
        (c) Authorization of Appropriations.--Section 41743(e)(2) of title
    49, United States Code, is amended to read as follows:
                ``(2) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary $10,000,000 for each of
            fiscal years 2018 through 2023 to carry out this section. Such
            sums shall remain available until expended.''.
    SEC. 456. WAIVERS.

        Section 41732 is amended by adding at the end the following:
        ``(c) Waivers.--Notwithstanding section 41733(e), upon request by an
    eligible place, the Secretary may waive, in whole or in part,
    subsections (a) and (b) of this section or subsections (a) through (c)
    of section 41734. A waiver issued under this subsection shall remain in
    effect for a limited period of time, as determined by the Secretary.''.
    SEC. 457. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT
                            ELIGIBILITY.

        Section 409(d) of the Vision 100--Century of Aviation
    Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
    ``2018'' and inserting ``2023''.
    SEC. 458. REDUCTION IN SUBSIDY-PER-PASSENGER.

        Section 426 of the FAA Modernization and Reform Act of 2012 (126
    Stat. 98) <<NOTE: 49 USC 41731 note.>>  is amended by adding at the end
    the following:

        ``(d) Reduction in Subsidy-per-passenger.--
                ``(1) In general.--The Secretary shall waive application of
            the subsidy-per-passenger cap described under subsection (c) if
            the Secretary finds that the community's subsidy-per-passenger
            for a fiscal year is lower than the subsidy-per-passenger for
            any of the 3 previous fiscal years.
                ``(2) Exception.--The Secretary shall waive application of
            the subsidy-per-passenger cap if the subsidy-per-passenger for a
            fiscal year is less than 10 percent higher than the highest
            subsidy-per-passenger from any of the 3 previous fiscal years.
            The Secretary may only waive application of the subsidy-per-
            passenger cap under this paragraph once per community.
                ``(3) Rule of construction.--Nothing in this subsection
            shall be construed to limit the Secretary's ability under
            subsection (c) to waive application of the subsidy-per-passenger
            cap.''.

                             TITLE V--MISCELLANEOUS

    SEC. 501. <<NOTE: 49 USC 40101 note.>>  DEFINITIONS.

        In this title, the following definitions apply:
                (1) Administration.--The term ``Administration'' means the
            Federal Aviation Administration.
                (2) Administrator.--The term ``Administrator'' means the
            Administrator of the FAA.

    [[Page 132 STAT. 3351]]

                (3) ADS-B.--The term ``ADS-B'' means automatic dependent
            surveillance-broadcast.
                (4) ADS-B out.--The term ``ADS-B Out'' means automatic
            dependent surveillance-broadcast with the ability to transmit
            information from the aircraft to ground stations and to other
            equipped aircraft.
                (5) FAA.--The term ``FAA'' means the Federal Aviation
            Administration.
                (6) Nextgen.--The term ``NextGen'' means the Next Generation
            Air Transportation System.
    SEC. 502. REPORT ON AIR TRAFFIC CONTROL MODERNIZATION.

        (a) FAA Report.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall submit to the appropriate
    committees of Congress a report describing the multiyear effort of the
    Administration to modernize the air transportation system (in this
    section referred to as the ``modernization effort''), including--
                (1) the number of years that the modernization effort has
            been underway as of the date of the report;
                (2) the total amount of money expended on the modernization
            effort as of the date of the report (including a description of
            how that amount was calculated);
                (3) the net present value of the benefits reported from
            aircraft operators resulting from the money expended on the
            modernization effort as of the date of the report;
                (4) a definition for NextGen, including a description of any
            changes to that definition that occurred between 2003 and the
            date of the report;
                (5) the net present value of the money expended on NextGen
            as of the date of the report if such money had been deposited
            into a Government trust fund instead of being expended on
            NextGen;
                (6) a description of the benefits promised and benefits
            delivered with respect to NextGen as of the date of the report;
                (7) any changes to the benefits promised with respect to
            NextGen between the date on which NextGen began and the date of
            the report;
                (8) a description of each program or project that comprises
            NextGen, including--
                        (A) when the program or project was initiated;
                        (B) the total budget for the program or project;
                        (C) the initial budget for the program or project;
                        (D) the acquisition program baseline for the program
                    or project;
                        (E) whether the program or project has ever breached
                    the acquisition program baseline and, if so, a
                    description of when, why, and how the breach was
                    resolved;
                        (F) whether the program or project has been re-
                    baselined or divided into smaller segments and, if so, a
                    description of when, why, and the impact to the cost of
                    the program or project;
                        (G) the initial schedule for the program or project;
                        (H) whether the program or project was delayed and,
                    if so, a description of how long, why, and the impact to
                    the cost of the program or project;

    [[Page 132 STAT. 3352]]

                        (I) whether the Administration changed any contract
                    term or deliverable for the program or project and, if
                    so, a description of the change, why it happened, and
                    the impact to the cost of the program or project;
                        (J) benefits promised with respect to the program or
                    project at initiation;
                        (K) benefits delivered with respect to the program
                    or project as of the date of the report;
                        (L) whether the program or project was cancelled
                    and, if so, a description of why and when;
                        (M) for cancelled programs or projects, whether
                    there were any costs associated with the decision to
                    cancel and, if so, a description of the amount of the
                    costs (including for both the Administration and the
                    private sector);
                        (N) the metrics, milestones, and deadlines set for
                    the program or project and how the Administration
                    tracked and ensured compliance with those metrics,
                    milestones, and deadlines;
                        (O) how the Administration conducted oversight of
                    the program or project and any related stakeholder
                    collaboration efforts;
                        (P) the status of the program or project as of the
                    date of the report; and
                        (Q) an assessment of the key risks to the full
                    implementation of the program and a description of how
                    the Administration is mitigating, or plans to mitigate,
                    those risks;
                (9) the date upon which, or milestone by which, the
            Administration anticipates NextGen will be complete; and
                (10) any lessons learned during the NextGen effort, and
            whether, how, and to what effect those lessons have been
            applied.

        (b) Inspector General Report.--Not later than 270 days after the
    date on which the report required under subsection (a) is submitted, the
    inspector general of the Department of Transportation shall review the
    report and submit to the appropriate committees of Congress a statement
    of the inspector general that--
                (1) determines the accuracy of the information reported;
                (2) describes any concerns with the accuracy of the
            information reported;
                (3) summarizes concerns raised by the inspector general, the
            Government Accountability Office, and other sources with respect
            to the Administration's implementation and oversight of NextGen
            since the date on which NextGen began;
                (4) describes--
                        (A) any pertinent recommendations made by the
                    inspector general related to the Administration's
                    implementation and oversight of NextGen since the date
                    on which NextGen began; and
                        (B) whether and how the Administration addressed the
                    recommendations; and
                (5) provides any other information that the inspector
            general determines is appropriate.
    SEC. 503. <<NOTE: 49 USC 40101 note.>>  RETURN ON INVESTMENT
                            REPORT.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, and annually thereafter until the date that each

    [[Page 132 STAT. 3353]]

    NextGen program has a positive return on investment, the Administrator
    shall submit to the appropriate committees of Congress a report on the
    status of each NextGen program, including the most recent NextGen
    priority list under subsection (c).
        (b) Contents.--The report under subsection (a) shall include, for
    each NextGen program--
                (1) an estimate of the date the program will have a positive
            return on investment;
                (2) an explanation for any delay in the delivery of expected
            benefits from previously published estimates on delivery of such
            benefits, in implementing or utilizing the program;
                (3) an estimate of the completion date;
                (4) an assessment of the long-term and near-term user
            benefits of the program for--
                        (A) the Federal Government; and
                        (B) the users of the national airspace system; and
                (5) a description of how the program directly contributes to
            a safer and more efficient air traffic control system.

        (c) NextGen Priority List.--Based on the assessment under subsection
    (a), the Administrator shall--
                (1) develop, in coordination with the NextGen Advisory
            Committee and considering the need for a balance between long-
            term and near-term user benefits, a prioritization of the
            NextGen programs;
                (2) annually update the priority list under paragraph (1);
            and
                (3) prepare budget submissions to reflect the current status
            of NextGen programs and projected returns on investment for each
            NextGen program.

        (d) Definition of Return on Investment.--In this section, the term
    ``return on investment'' means the cost associated with technologies
    that are required by law or policy as compared to the financial benefits
    derived from such technologies by a government or a user of airspace.
        (e) Repeal of NextGen Priorities.--Section 202 of the FAA
    Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101
    note) and the item relating to that section in the table of contents
    under section 1(b) of that Act are repealed.
    SEC. 504. <<NOTE: 49 USC 40103 note.>>  AIR TRAFFIC CONTROL
                            OPERATIONAL CONTINGENCY PLANS.

        (a) Air Traffic Control Operational Contingency Plans.--Not later
    than 1 year after the date of enactment of this Act, the Administrator
    shall review the Administration's air traffic control operational
    contingency plans (FAA Order JO 1900.47E), and, as the Administrator
    considers appropriate, update such plans, to address potential air
    traffic facility outages that could have a major impact on the operation
    of the national airspace system, including the most recent findings and
    recommendations in the report under subsection (c).
        (b) Updates.--Not later than 60 days after the date the air traffic
    control operational contingency plans are reviewed under subsection (a),
    the Administrator shall submit to the appropriate committees of Congress
    a report on the review, including any recommendations for ensuring air
    traffic facility outages do not have a major impact on the operation of
    the national airspace system.
        (c) Resiliency Recommendations.--Not later than 180 days after the
    date of enactment of this Act, and periodically thereafter

    [[Page 132 STAT. 3354]]

    as the Administrator considers appropriate, the Administrator shall
    convene NextGen program officials to evaluate, expedite, and complete a
    report on how planned NextGen capabilities can enhance the resiliency
    and continuity of national airspace system operations and mitigate the
    impact of future air traffic control disruptions.
    SEC. 505. 2020 ADS-B OUT MANDATE PLAN.

        The Administrator, in collaboration with the NextGen Advisory
    Committee, shall--
                (1) not later than 90 days after the date of enactment of
            this Act--
                        (A) identify any known and potential barriers to
                    compliance with the 2020 ADS-B Out mandate under section
                    91.225 of title 14, Code of Federal Regulations;
                        (B) develop a plan to address the known barriers
                    identified in paragraph (1), including a schedule for--
                              (i) periodically reevaluating the potential
                          barriers identified in paragraph (1); and
                              (ii) developing solutions and implementing
                          actions to address the known and potential
                          barriers; and
                        (C) submit the plan to the appropriate committees of
                    Congress; and
                (2) not later than 90 days after the date the plan is
            submitted under paragraph (1), submit to the appropriate
            committees of Congress a report on the progress made toward
            meeting the 2020 ADS-B Out mandate.
    SEC. 506. <<NOTE: 49 USC 44704 note.>>  SECURING AIRCRAFT AVIONICS
                            SYSTEMS.

        (a) In General.--The Administrator shall consider, where
    appropriate, revising Federal Aviation Administration regulations
    regarding airworthiness certification--
                (1) to address cybersecurity for avionics systems, including
            software components; and
                (2) to require that aircraft avionics systems used for
            flight guidance or aircraft control be secured against
            unauthorized access via passenger in-flight entertainment
            systems through such means as the Administrator determines
            appropriate to protect the avionics systems from unauthorized
            external and internal access.

        (b) Consideration.--In carrying out subsection (a), the
    Administrator shall consider the recommendations of the Aircraft Systems
    Information Security Protection Working Group under section 2111 of the
    FAA Extension Safety and Security Act of 2016 (Public Law 114-190; 130
    Stat. 615).
    SEC. 507. <<NOTE: 49 USC 40101 note.>>  HUMAN FACTORS.

        (a) In General.--In order to avoid having to subsequently modify
    products and services developed as a part of NextGen, the Administrator
    shall--
                (1) recognize and incorporate, in early design phases of all
            relevant NextGen programs, the human factors and procedural and
            airspace implications of stated goals and associated technical
            changes; and
                (2) ensure that a human factors specialist, separate from
            the research and certification groups, is directly involved with
            the NextGen approval process.

        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator shall submit to the appropriate

    [[Page 132 STAT. 3355]]

    committees of Congress a report on the progress made toward implementing
    the requirements under subsection (a).
    SEC. 508. <<NOTE: 49 USC 40101 note.>>  PROGRAMMATIC RISK
                            MANAGEMENT.

        To better inform the Administration's decisions regarding the
    prioritization of efforts and allocation of resources for NextGen, the
    Administrator shall--
                (1) solicit input from specialists in probability and
            statistics to identify and prioritize the programmatic and
            implementation risks to NextGen; and
                (2) develop a method to manage and mitigate the risks
            identified in paragraph (1).
    SEC. 509. <<NOTE: 49 USC 44903 note.>>  REVIEW OF FAA STRATEGIC
                            CYBERSECURITY PLAN.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator shall initiate a review of the
    comprehensive and strategic framework of principles and policies
    (referred to in this section as the ``framework'') developed pursuant to
    section 2111 of the FAA Extension, Safety, and Security Act of 2016 (49
    U.S.C. 44903 note).
        (b) Contents.--In undertaking the review under subsection (a), the
    Administrator shall--
                (1) assess the degree to which the framework identifies and
            addresses known cybersecurity risks associated with the aviation
            system;
                (2) review existing short- and long-term objectives for
            addressing cybersecurity risks to the national airspace system;
            and
                (3) assess the Administration's level of engagement and
            coordination with aviation stakeholders and other appropriate
            agencies, organizations, or groups with which the Administration
            consults to carry out the framework.

        (c) Updates.--Upon completion of the review under subsection (a),
    the Administrator shall modify the framework, as appropriate, to address
    any deficiencies identified by the review.
        (d) Report to Congress.--Not later than 180 days after initiating
    the review required by subsection (a), the Administrator shall submit to
    the appropriate committees of Congress a report on the results of the
    review, including a description of any modifications made to the
    framework.
    SEC. 510. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND
                            FACILITIES.

        (a) Purpose and Input.--Section 804(a) of the FAA Modernization and
    Reform Act of 2012 (49 U.S.C. 44501 note) is amended--
                (1) in paragraph (2) by striking ``The purpose of the report
            shall be--'' and all that follows through ``(B) to reduce'' and
            inserting ``The purpose of the report shall be to reduce''; and
                (2) by striking paragraph (4) and inserting the following:
                ``(4) Input.--The report shall be prepared by the
            Administrator (or the Administrator's designee) with the
            participation of--
                        ``(A) representatives of labor organizations
                    representing air traffic control system employees of the
                    FAA; and
                        ``(B) industry stakeholders.''.

        (b) Military Operations Exclusion.--Section 804 of the FAA
    Modernization and Reform Act of 2012 (49 U.S.C. 44501 note) is amended--

    [[Page 132 STAT. 3356]]

                (1) by redesignating subsection (e) as subsection (f); and
                (2) by inserting after subsection (d) the following:

        ``(e) Military Operations Exclusion.--
                ``(1) In general.--The Administrator may not realign or
            consolidate a combined TRACON and tower with radar facility of
            the FAA under this section if, in 2015, the total annual
            military operations at the facility comprised at least 40
            percent of the total annual TRACON operations at the facility.
                ``(2) TRACON defined.--In this subsection, the term `TRACON'
            means terminal radar approach control.''.
    SEC. 511. <<NOTE: 49 USC 106 note.>>  FAA REVIEW AND REFORM.

        (a) Agency Report.--Not later than 60 days after the date of
    enactment of this Act, the Administrator shall submit to the appropriate
    committees of Congress a detailed analysis of any actions taken to
    address the findings and recommendations included in the report required
    under section 812(d) of the FAA Modernization and Reform Act of 2012 (49
    U.S.C. 106 note), including--
                (1) consolidating, phasing-out, or eliminating duplicative
            positions, programs, roles, or offices;
                (2) eliminating or streamlining wasteful practices;
                (3) eliminating or phasing-out redundant, obsolete, or
            unnecessary functions;
                (4) reforming and streamlining inefficient processes so that
            the activities of the Administration are completed in an
            expedited and efficient manner; and
                (5) reforming or eliminating ineffectual or outdated
            policies.

        (b) Additional Review.--Not later than 18 months after the date of
    enactment of this Act, the Administrator shall undertake and complete a
    thorough review of each program, office, and organization within the
    Administration to identify--
                (1) duplicative positions, programs, roles, or offices;
                (2) wasteful practices;
                (3) redundant, obsolete, or unnecessary functions;
                (4) inefficient processes; and
                (5) ineffectual or outdated policies.

        (c) Actions To Streamline and Reform FAA.--Not later than 60 days
    after the date of completion of the review under subsection (b), the
    Administrator shall undertake such actions as may be necessary to
    address the findings of the Administrator under such subsection.
        (d) Report to Congress.--Not later than 120 days after the date of
    completion of the review under subsection (b), the Administrator shall
    submit to the appropriate committees of Congress a report on the actions
    taken by the Administrator pursuant to subsection (c), including any
    recommendations for legislative or administrative actions.
    SEC. 512. <<NOTE: 49 USC 40103 note.>>  AIR SHOWS.

        On an annual basis, the Administrator shall work with
    representatives of Administration-approved air shows, the general
    aviation community, and stadiums and other large outdoor events and
    venues to identify and resolve, to the maximum extent practicable,
    scheduling conflicts between Administration-approved air shows and large
    outdoor events and venues where--
                (1) flight restrictions will be imposed pursuant to section
            521 of title V of division F of Public Law 108-199 (118 Stat.
            343); or

    [[Page 132 STAT. 3357]]

                (2) any other restriction will be imposed pursuant to
            Federal Aviation Administration Flight Data Center Notice to
            Airmen 4/3621 (or any successor notice to airmen).
    SEC. 513. <<NOTE: 49 USC 40101 note.>>  PART 91 REVIEW, REFORM,
                            AND STREAMLINING.

        (a) Establishment of Task Force.--Not later than 90 days after the
    date of enactment of this Act, the Administrator shall establish a task
    force comprised of representatives of the general aviation industry who
    regularly perform part 91 operations, labor unions (including those
    representing FAA aviation safety inspectors and FAA aviation safety
    engineers), manufacturers, and the Government to--
                (1) conduct an assessment of the FAA oversight and
            authorization processes and requirements for aircraft under part
            91; and
                (2) make recommendations to streamline the applicable
            authorization and approval processes, improve safety, and reduce
            regulatory cost burdens and delays for the FAA and aircraft
            owners and operators who operate pursuant to part 91.

        (b) Contents.--In conducting the assessment and making
    recommendations under subsection (a), the task force shall consider--
                (1) process reforms and improvements to allow the FAA to
            review and approve applications in a fair and timely fashion;
                (2) the appropriateness of requiring an authorization for
            each experimental aircraft rather than using a broader all-
            makes-and-models approach;
                (3) ways to improve the timely response to letters of
            authorization applications for aircraft owners and operators who
            operate pursuant to part 91, including setting deadlines and
            granting temporary or automatic authorizations if deadlines are
            missed by the FAA;
                (4) methods for enhancing the effective use of delegation
            systems;
                (5) methods for training the FAA's field office employees in
            risk-based and safety management system oversight; and
                (6) such other matters related to streamlining part 91
            authorization and approval processes as the task force considers
            appropriate.

        (c) Report to Congress.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Administrator shall submit to the
            appropriate committees of Congress a report on the results of
            the task force's assessment.
                (2) Contents.--The report shall include an explanation of
            how the Administrator will--
                        (A) implement the recommendations of the task force;
                        (B) measure progress in implementing the
                    recommendations; and
                        (C) measure the effectiveness of the implemented
                    recommendations.

        (d) Implementation of Recommendations.--Not later than 18 months
    after the date of enactment of this Act, the Administrator shall
    implement the recommendations made under this section.
        (e) Definition.--In this section, the term ``part 91'' means part 91
    of title 14, Code of Federal Regulations.

    [[Page 132 STAT. 3358]]

        (f) Applicable Law.--Public Law 92-463 shall not apply to the task
    force.
        (g) Sunset.--The task force shall terminate on the day the
    Administrator submits the report required under subsection (c).
    SEC. 514. AIRCRAFT LEASING.

        Section 44112(b) of title 49, United States Code, is amended--
                (1) by striking ``on land or water''; and
                (2) by inserting ``operational'' before ``control''.
    SEC. 515. <<NOTE: 49 USC 40101 note.>>  PILOTS SHARING FLIGHT
                            EXPENSES WITH PASSENGERS.

        (a) Guidance.--
                (1) In general.--Not later than 90 days after the date of
            enactment of this Act, the Administrator shall make publicly
            available, in a clear and concise format, advisory guidance that
            describes how a pilot may share flight expenses with passengers
            in a manner consistent with Federal law, including regulations.
                (2) Examples included.--The guidance shall include examples
            of--
                        (A) flights for which pilots and passengers may
                    share expenses;
                        (B) flights for which pilots and passengers may not
                    share expenses;
                        (C) the methods of communication that pilots and
                    passengers may use to arrange flights for which expenses
                    are shared; and
                        (D) the methods of communication that pilots and
                    passengers may not use to arrange flights for which
                    expenses are shared.

        (b) Report.--
                (1) In general.--Not later than 180 days after the date on
            which guidance is made publicly available under subsection (a),
            the Comptroller General of the United States shall submit to the
            appropriate committees of Congress a report analyzing Federal
            policy with respect to pilots sharing flight expenses with
            passengers.
                (2) Evaluations included.--The report submitted under
            paragraph (1) shall include an evaluation of--
                        (A) the rationale for such Federal policy;
                        (B) safety and other concerns related to pilots
                    sharing flight expenses with passengers; and
                        (C) benefits related to pilots sharing flight
                    expenses with passengers.
    SEC. 516. <<NOTE: 49 USC 44720 note.>>  TERMINAL AERODROME
                            FORECAST.

        (a) In General.--The Administrator shall permit a covered air
    carrier to operate to or from a location in a noncontiguous State
    without a Terminal Aerodrome Forecast or Meteorological Aerodrome Report
    if--
                (1) such location is determined to be under visual
            meteorological conditions;
                (2) a current Area Forecast, supplemented by other local
            weather observations or reports, is available; and
                (3) an alternate airport that has an available Terminal
            Aerodrome Forecast and weather report is specified.

        (b) Procedures.--A covered air carrier shall--

    [[Page 132 STAT. 3359]]

                (1) have approved procedures for dispatch or release and
            enroute weather evaluation; and
                (2) operate under instrument flight rules enroute to the
            destination.

        (c) Limitation.--Without a written finding of necessity, based on
    objective and historical evidence of imminent threat to safety, the
    Administrator shall not promulgate any operation specification, policy,
    or guidance document pursuant to this section that is more restrictive
    than, or requires procedures that are not expressly stated in, the
    regulations.
        (d) Covered Air Carrier Defined.--In this section, the term
    ``covered air carrier'' means an air carrier operating in a
    noncontiguous State under part 121 of title 14, Code of Federal
    Regulations.
    SEC. 517. <<NOTE: 49 USC 44703 note.>>  PUBLIC AIRCRAFT ELIGIBLE
                            FOR LOGGING FLIGHT TIMES.

        The Administrator shall issue regulations modifying section
    61.51(j)(4) of title 14, Code of Federal Regulations, so as to include
    aircraft under the direct operational control of forestry and fire
    protection agencies as public aircraft eligible for logging flight
    times.
    SEC. 518. AIRCRAFT REGISTRY OFFICE.

        The Administrator shall designate employees at the Aircraft Registry
    Office in Oklahoma City, Oklahoma, as excepted employees in the event of
    a shutdown or emergency furlough to ensure that the office remains open
    for the duration of the lapse in Federal Government appropriations to
    the Federal Aviation Administration.
    SEC. 519. FAA DATA TRANSPARENCY.

        Section 45303 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(g) Data Transparency.--
                ``(1) Air traffic services initial data report.--
                        ``(A) Initial report.--Not later than 6 months after
                    the date of enactment of the FAA Reauthorization Act of
                    2018, the Administrator and the Chief Operating Officer
                    of the Air Traffic Organization shall, based upon the
                    most recently available full fiscal year data, complete
                    the following calculations for each segment of air
                    traffic services users:
                              ``(i) The total costs allocable to the use of
                          air traffic services for that segment during such
                          fiscal year.
                              ``(ii) The total revenues received from that
                          segment during such fiscal year.
                        ``(B) Validation of model.--
                              ``(i) Review and determination.--Not later
                          than 3 months after completion of the initial
                          report required under subparagraph (A), the
                          inspector general of the Department of
                          Transportation shall review and determine the
                          validity of the model used by the Administrator
                          and the Chief Operating Officer to complete the
                          calculations required under subparagraph (A).
                              ``(ii) Validation process.--In the event that
                          the inspector general determines that the model
                          used by the Administrator and the Chief Operating
                          Officer to complete the calculations required by
                          subparagraph (A) is not valid--

    [[Page 132 STAT. 3360]]

                                        ``(I) the inspector general shall
                                    provide the Administrator and Chief
                                    Operating Officer recommendations on how
                                    to revise the model;
                                        ``(II) the Administrator and the
                                    Chief Operating Officer shall complete
                                    the calculations required by
                                    subparagraph (A) utilizing the revised
                                    model and resubmit the revised initial
                                    report required under subparagraph (A)
                                    to the inspector general; and
                                        ``(III) not later than 3 months
                                    after completion of the revised initial
                                    report required under subparagraph (A),
                                    the inspector general shall review and
                                    determine the validity of the revised
                                    model used by the Administrator and the
                                    Chief Operating Officer to complete the
                                    calculations required by subparagraph
                                    (A).
                              ``(iii) Access to data.--The Administrator and
                          the Chief Operating Officer shall provide the
                          inspector general of the Department of
                          Transportation with unfettered access to all data
                          produced by the cost accounting system operated
                          and maintained pursuant to subsection (e).
                        ``(C) Report to congress.--Not later than 60 days
                    after completion of the review and receiving a
                    determination that the model used is valid under
                    subparagraph (B), the Administrator and the Chief
                    Operating Officer shall submit to the Committee on
                    Transportation and Infrastructure, the Committee on
                    Appropriations, and the Committee on Ways and Means of
                    the House of Representatives, and the Committee on
                    Commerce, Science, and Transportation, the Committee on
                    Appropriations, and the Committee on Finance of the
                    Senate a report describing the results of the
                    calculations completed under subparagraph (A).
                        ``(D) Publication.--Not later than 60 days after
                    submission of the report required under subparagraph
                    (C), the Administrator and Chief Operating Officer shall
                    publish the initial report, including any revision
                    thereto if required as a result of the validation
                    process for the model.
                ``(2) Air traffic services biennial data reporting.--
                        ``(A) Biennial data reporting.--Not later than March
                    31, 2019, and biennially thereafter for 8 years, the
                    Administrator and the Chief Operating Officer shall,
                    using the validated model, complete the following
                    calculations for each segment of air traffic services
                    users for the most recent full fiscal year:
                              ``(i) The total costs allocable to the use of
                          the air traffic services for that segment.
                              ``(ii) The total revenues received from that
                          segment.
                        ``(B) Report to congress.--Not later than 15 days
                    after completing the calculations under subparagraph
                    (A), the Administrator and the Chief Operating Officer
                    shall complete and submit to the Committee on
                    Transportation and Infrastructure, the Committee on
                    Appropriations, and the Committee on Ways and Means of
                    the House of Representatives, and the Committee on
                    Commerce, Science, and Transportation, the Committee on
                    Appropriations, and

    [[Page 132 STAT. 3361]]

                    the Committee on Finance of the Senate a report
                    containing the results of such calculations.
                        ``(C) Publication.--Not later than 60 days after
                    completing the calculations pursuant to subparagraph
                    (A), the Administrator and the Chief Operating Officer
                    shall publish the results of such calculations.
                ``(3) Segments of air traffic services users.--
                        ``(A) In general.--For purposes of this subsection,
                    each of the following shall constitute a separate
                    segment of air traffic services users:
                              ``(i) Passenger air carriers conducting
                          operations under part 121 of title 14, Code of
                          Federal Regulations.
                              ``(ii) All-cargo air carriers conducting
                          operations under part 121 of such title.
                              ``(iii) Operators covered by part 125 of such
                          title.
                              ``(iv) Air carriers and operators of piston-
                          engine aircraft operating under part 135 of such
                          title.
                              ``(v) Air carriers and operators of turbine-
                          engine aircraft operating under part 135 of such
                          title.
                              ``(vi) Foreign air carriers providing
                          passenger air transportation.
                              ``(vii) Foreign air carriers providing all-
                          cargo air transportation.
                              ``(viii) Operators of turbine-engine aircraft
                          operating under part 91 of such title, excluding
                          those operating under subpart (K) of such part.
                              ``(ix) Operators of piston-engine aircraft
                          operating under part 91 of such title, excluding
                          those operating under subpart (K) of such part.
                              ``(x) Operators covered by subpart (K) of part
                          91 of such title.
                              ``(xi) Operators covered by part 133 of such
                          title.
                              ``(xii) Operators covered by part 136 of such
                          title.
                              ``(xiii) Operators covered by part 137 of such
                          title.
                              ``(xiv) Operators of public aircraft that
                          qualify under section 40125.
                              ``(xv) Operators of aircraft that neither take
                          off from, nor land in, the United States.
                        ``(B) Additional segments.--The Secretary may
                    identify and include additional segments of air traffic
                    users under subparagraph (A) as revenue and air traffic
                    services cost data become available for that additional
                    segment of air traffic services users.
                ``(4) Definitions.--For purposes of this subsection:
                        ``(A) Air traffic services.--The term `air traffic
                    services' means services--
                              ``(i) used for the monitoring, directing,
                          control, and guidance of aircraft or flows of
                          aircraft and for the safe conduct of flight,
                          including communications, navigation, and
                          surveillance services and provision of
                          aeronautical information; and
                              ``(ii) provided directly, or contracted for,
                          by the Federal Aviation Administration.
                        ``(B) Air traffic services user.--The term `air
                    traffic services user' means any individual or entity
                    using air traffic services provided directly, or
                    contracted for, by the

    [[Page 132 STAT. 3362]]

                    Federal Aviation Administration within United States
                    airspace or international airspace delegated to the
                    United States.''.
    SEC. 520. <<NOTE: 49 USC 40113 note.>>  INTRA-AGENCY COORDINATION.

        Not later than 120 days after the date of enactment of this Act, the
    Administrator shall implement a policy that--
                (1) designates the Associate Administrator for Commercial
            Space Transportation as the primary liaison between the
            commercial space transportation industry and the Administration;
                (2) recognizes the necessity of, and set forth processes
            for, launch license and permit holder coordination with the Air
            Traffic Organization on matters including--
                        (A) the use of air navigation facilities;
                        (B) airspace safety; and
                        (C) planning of commercial space launch and launch
                    support activities;
                (3) designates a single point of contact within the Air
            Traffic Organization who is responsible for--
                        (A) maintaining letters of agreement between a
                    launch license or permit holder and a Federal Aviation
                    Administration facility;
                        (B) making such letters of agreement available to
                    the Associate Administrator for Commercial Space
                    Transportation;
                        (C) ensuring that a facility that has entered into
                    such a letter of agreement is aware of and fulfills its
                    responsibilities under the letter; and
                        (D) liaising between the Air Traffic Organization
                    and the Associate Administrator for Commercial Space
                    Transportation on any matter relating to such a letter
                    of agreement; and
                (4) requires the Associate Administrator for Commercial
            Space Transportation to facilitate, upon the request of a launch
            license or permit holder--
                        (A) coordination between a launch license and permit
                    holder and the Air Traffic Organization; and
                        (B) the negotiation of letters of agreement between
                    a launch license or permit holder and a Federal Aviation
                    Administration facility or the Air Traffic Organization.
    SEC. 521. ADMINISTRATIVE SERVICES FRANCHISE FUND.

        (a) In General.--Not later than 30 days after the date of enactment
    of this section, the inspector general of the Department of
    Transportation shall initiate an audit of the Administrative Services
    Franchise Fund of the FAA (in this section referred to as the
    ``Franchise Fund'').
        (b) Considerations.--In conducting the audit pursuant to subsection
    (a), the inspector general shall--
                (1) review the history, intended purpose, and objectives of
            the Franchise Fund;
                (2) describe and assess each program, service, or activity
            that uses the Franchise Fund, including--
                        (A) the agencies or government bodies that use each
                    program, service, or activity;

    [[Page 132 STAT. 3363]]

                        (B) the number of employees, including full-time
                    equivalents and contractors, associated with each
                    program, service, or activity;
                        (C) the costs associated with the employees
                    described in subparagraph (B) and the extent to which
                    such costs are covered by Federal appropriations or
                    Franchise Fund revenue;
                        (D) the revenue, expenses, and profits or losses
                    associated with each program, service, or activity;
                        (E) overhead rates associated with each program,
                    service, or activity; and
                        (F) a breakdown of the revenue collected from
                    services provided to the FAA, Department of
                    Transportation, other Federal entities, and non-Federal
                    entities;
                (3) assess the FAA's governance and oversight of the
            Franchise Fund and the programs, service, and activities that
            use the Franchise Fund, including the use of internal and
            publicly available performance metrics;
                (4) evaluate the current and historical unobligated and
            unexpended balances of the Franchise Fund; and
                (5) assess the degree to which FAA policies and controls
            associated with the Franchise Fund conform with generally
            accepted accounting principles, Federal policies, best
            practices, or other guidance relating to revolving funds.

        (c) Report.--Not later than 180 days after the date of initiation of
    the audit described in subsection (a), the inspector general shall
    submit to the appropriate committees of Congress a report on the results
    of the audit, including findings and recommendations.
    SEC. 522. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST.

        (a) Repeal.--Subsection (b) of section 211 of the FAA Modernization
    and Reform Act of 2012 (49 U.S.C. 40101 note) is repealed.
        (b) <<NOTE: 49 USC 40101 note.>>  Requirement.--The Administrator
    shall ensure that any regulation issued pursuant to such subsection has
    no force or effect.
    SEC. 523. CONTRACT WEATHER OBSERVERS.

        Section 2306(b) of the FAA Extension, Safety, and Security Act of
    2016 (Public Law 114-190; 130 Stat. 641) is amended by striking ``2018''
    and inserting ``2023''.
    SEC. 524. REGIONS AND CENTERS.

        (a) In General.--Section 44507 of title 49, United States Code, is
    amended--
                (1) by striking the section heading and inserting ``Regions
            and centers'';
                (2) by striking ``The Civil Aeromedical Institute'' and
            inserting the following:

        ``(a) Civil Aeromedical Institute.--The Civil Aeromedical
    Institute''; and
                (3) by adding at the end the following:

        ``(b) William J. Hughes Technical Center.--The Secretary of
    Transportation shall define the roles and responsibilities of the
    William J. Hughes Technical Center in a manner that is consistent with
    the defined roles and responsibilities of the Civil Aeromedical
    Institute under subsection (a).''.

    [[Page 132 STAT. 3364]]

        (b) Clerical Amendment.--The analysis for chapter 445 of title 49,
    United States Code, <<NOTE: 49 USC 44501 prec.>>  is amended by striking
    the item relating to section 44507 and inserting the following:

    ``44507. Regions and centers.''.

    SEC. 525. <<NOTE: 49 USC 40101 note.>>  GEOSYNTHETIC MATERIALS.

        The Administrator, to the extent practicable, shall encourage the
    use of durable, resilient, and sustainable materials and practices,
    including the use of geosynthetic materials and other innovative
    technologies, in carrying out the activities of the Federal Aviation
    Administration.
    SEC. 526. NATIONAL AIRMAIL MUSEUM.

        (a) Findings.--Congress finds that--
                (1) in 1930, commercial airmail carriers began operations at
            Smith Field in Fort Wayne, Indiana;
                (2) the United States lacks a national museum dedicated to
            airmail; and
                (3) the airmail hangar at Smith Field in Fort Wayne,
            Indiana--
                        (A) will educate the public on the role of airmail
                    in aviation history; and
                        (B) honor the role of the hangar in the history of
                    the Nation's airmail service.

        (b) Designation.--
                (1) In general.--The airmail museum located at the Smith
            Field in Fort Wayne, Indiana, is designated as the ``National
            Airmail Museum''.
                (2) Effect of designation.--The national museum designated
            by this section is not a unit of the National Park System and
            the designation of the National Airmail Museum shall not require
            or permit Federal funds to be expended for any purpose related
            to that national memorial.
    SEC. 527. STATUS OF AGREEMENT BETWEEN FAA AND LITTLE ROCK PORT
                            AUTHORITY.

        (a) Briefing Requirement.--Not later than 30 days after the date of
    enactment of this Act, the Administrator shall provide to the
    appropriate committees of Congress a briefing on the agreement between
    the FAA and the Little Rock Port Authority to relocate the Little Rock
    Very High Frequency Omnidirectional Range with Collocated Tactical Air
    Control and Navigation (LIT VORTAC).
        (b) Briefing Contents.--The briefing required under subsection (a)
    shall include the following:
                (1) The status of the efforts by the Federal Aviation
            Administration to relocate the LIT VORTAC.
                (2) The long-term and short-term budget projections for the
            relocation project.
                (3) A description of and timeline for each phase of the
            relocation project.
                (4) A description of and explanation for the required
            location radius.
                (5) A description of work completed by the Federal Aviation
            Administration as of the date of the briefing.

    [[Page 132 STAT. 3365]]

    SEC. 528. BRIEFING ON AIRCRAFT DIVERSIONS FROM LOS ANGELES
                            INTERNATIONAL AIRPORT TO HAWTHORNE
                            MUNICIPAL AIRPORT.

        Not later than 1 year after the date of the enactment of this Act,
    the Administrator shall provide a briefing to appropriate committees of
    Congress on diversions of aircraft from Los Angeles International
    Airport to Hawthorne Municipal Airport, also known as Jack Northrop
    Field, in the City of Hawthorne, California. This briefing shall cover
    at least the previous one-year period and include the total number of
    aircraft diversions, the average number of diversions per day, the types
    of aircraft diverted, and the reasons for the diversions.
    SEC. 529. TFR REPORT.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act (except as described in subsection (d)), the Administrator
    shall submit to the appropriate committees of Congress a report
    containing the results of the study described in subsection (b).
        (b) Recommendations.--The Administrator shall make recommendations
    based on--
                (1) an analysis of--
                        (A) the economic effects of temporary flight
                    restrictions, particularly temporary flight restrictions
                    issued pursuant to section 91.141 of title 14, Code of
                    Federal Regulations, on airports or aviation-related
                    businesses located or based in an area covered by the
                    temporary flight restriction; and
                        (B) potential options and recommendations for
                    mitigating identified negative economic effects on
                    airports or aviation-related businesses located or based
                    in an area frequently covered by a temporary flight
                    restriction; and
                (2) an analysis of the potential for using security
            procedures similar to those described in the Maryland Three
            Program (allowing properly vetted private pilots to fly to,
            from, or between the three general aviation airports closest to
            the National Capital Region) during temporary flight
            restrictions in the following airports:
                        (A) Solberg Airport.
                        (B) Somerset Airport.
                        (C) Palm Beach County Park Airport (also known as
                    Lantana Airport).

        (c) Collaboration.--In making the recommendations described in
    subsection (b), the Administrator shall consult with--
                (1) industry stakeholders; and
                (2) the head of any other agency that, in the
            Administrator's determination, is a stakeholder agency.

        (d) Special Deadline.--Not later than 90 days after the date of
    enactment of this Act, the Administrator shall submit to the appropriate
    committees of Congress a report containing the results of the portion of
    the study described in subsection (b)(1)(A).
    SEC. 530. <<NOTE: 49 USC 40103 note.>>  AIR TRAFFIC SERVICES AT
                            AVIATION EVENTS.

        (a) Requirement to Provide Services and Related Support.--The
    Administrator shall provide air traffic services and aviation safety
    support for large, multiday aviation events, including airshows and fly-
    ins, where the average daily number of manned

    [[Page 132 STAT. 3366]]

    operations were 1,000 or greater in at least one of the preceding two
    years, without the imposition or collection of any fee, tax, or other
    charge for that purpose. Amounts for the provision of such services and
    support shall be derived from amounts appropriated or otherwise
    available for the Administration.
        (b) Determination of Services and Support to Be Provided.--In
    determining the services and support to be provided for an aviation
    event for purposes of subsection (a), the Administrator shall take into
    account the following:
                (1) The services and support required to meet levels of
            activity at prior events, if any, similar to the event.
                (2) The anticipated need for services and support at the
            event.
    SEC. 531. APPLICATION OF VETERANS' PREFERENCE TO FEDERAL AVIATION
                            ADMINISTRATION PERSONNEL MANAGEMENT
                            SYSTEM.

        Section 40122(g)(2)(B) of title 49, United States Code, is amended--
                (1) by inserting ``3304(f), to the extent consistent with
            the Federal Aviation Administration's status as an excepted
            service agency,'' before ``3308-3320''; and
                (2) by inserting ``3330a, 3330b, 3330c, and 3330d,'' before
            ``relating''.
    SEC. 532. <<NOTE: 49 USC 44701 note.>>  CLARIFICATION OF
                            REQUIREMENTS FOR LIVING HISTORY FLIGHTS.

        (a) In General.--Notwithstanding any other law or regulation, in
    administering sections 61.113(c), 91.9, 91.315, 91.319(a)(1),
    91.319(a)(2), 119.5(g), and 119.21(a) of title 14, Code of Federal
    Regulations (or any successor regulations), the Administrator shall
    allow an aircraft owner or operator to accept monetary or in-kind
    donations for a flight operated by a living history flight experience
    provider, if the aircraft owner or operator has--
                (1) volunteered to provide such transportation; and
                (2) notified any individual that will be on the flight, at
            the time of inquiry about the flight, that the flight operation
            is for charitable purposes and is not subject to the same
            requirements as a commercial flight.

        (b) Conditions To Ensure Public Safety.--The Administrator,
    consistent with current standards of the Administration for such
    operations, shall impose minimum standards with respect to training and
    flight hours for operations conducted by an owner or operator of an
    aircraft providing living history flight experience operations,
    including mandating that the pilot in command of such aircraft hold a
    commercial pilot certificate with instrument rating and be current and
    qualified with respect to all ratings or authorizations applicable to
    the specific aircraft being flown to ensure the safety of flight
    operations described in subsection (a).
        (c) Living History Flight Experience Provider Defined.--In this
    section, the term ``living history flight experience provider'' means an
    aircraft owner, aircraft operator, or organization that provides,
    arranges, or otherwise fosters living history flight experiences for the
    purpose of fulfilling its mission.

    [[Page 132 STAT. 3367]]

    SEC. 533. REVIEW AND REFORM OF FAA PERFORMANCE MANAGEMENT SYSTEM.

        (a) Establishment of Advisory Panel.--Not later than 90 days after
    the date of enactment of this section, the Secretary of Transportation
    shall establish an advisory panel comprising no more than 7 independent,
    nongovernmental experts in budget, finance, or personnel management to
    review and evaluate the effectiveness of the FAA's personnel management
    system and performance management program for employees not covered by
    collective bargaining agreements.
        (b) Review, Evaluation, and Recommendations.--The advisory panel
    shall, at a minimum--
                (1) review all appropriate FAA orders, policies, procedures,
            guidance, and the Human Resources Policy Manual;
                (2) review any applicable reports regarding FAA's personnel
            management system, including reports of the Department of
            Transportation Office of Inspector General, Government
            Accountability Office, and National Academy of Public
            Administration, and determine the status of recommendations made
            in those reports;
                (3) review the personnel management system of any other
            agency or governmental entity with a similar system to the FAA
            for best practices with regard to personnel management;
                (4) assess the unique personnel authorities granted to the
            FAA, determine whether the FAA has taken full advantage of those
            authorities, and identify those authorities the FAA has not
            fully taken advantage of;
                (5) review and determine the overall effectiveness of the
            FAA's compensation, bonus pay, performance metrics, and
            evaluation processes for employees not covered by collective
            bargaining agreements;
                (6) review whether existing performance metrics and bonus
            pay practices align with the FAA's mission and significantly
            improve the FAA's provision of air traffic services,
            implementation of air traffic control modernization initiatives,
            and accomplishment of other FAA operational objectives;
                (7) identify the highest, lowest, and average complete
            compensation for each position of employees not covered by
            collective bargaining agreements;
                (8) survey interested parties and stakeholders, including
            representatives of the aviation industry, for their views and
            recommendations regarding improvements to the FAA's personnel
            management system and performance management program;
                (9) develop recommendations to address the findings of the
            work done pursuant to paragraphs (1) through (7), and to address
            views and recommendations raised by interested parties pursuant
            to paragraph (8); and
                (10) develop recommendations to improve the FAA's personnel
            management system and performance management program, including
            the compensation, bonus pay, performance metrics, and evaluation
            processes, for employees not covered by collective bargaining
            agreements.

        (c) Report.--Not later than 1 year after initiating the review and
    evaluation pursuant to subsection (a), the advisory panel shall submit a
    report on the results of the review and evaluation and

    [[Page 132 STAT. 3368]]

    its recommendations to the Secretary, the Administrator, the appropriate
    committees of Congress.
        (d) Report to Congress.--Not later than 3 months after submittal of
    the report pursuant to subsection (c), the Administrator shall transmit
    to the appropriate committees of Congress a report summarizing the
    findings of the advisory panel that--
                (1) contains an explanation of how the Administrator will
            implement the recommendations of the advisory panel and measure
            the effectiveness of the recommendations; and
                (2) specifies any recommendations that the Administrator
            will not implement and the reasons for not implementing such
            recommendations.

        (e) Sunset.--The advisory panel shall terminate on the date that is
    60 days after the transmittal of the report pursuant to subsection (d).
    SEC. 534. NEXTGEN DELIVERY STUDY.

        (a) Study.--Not later than 180 days after the enactment of this Act,
    the inspector general of the Department of Transportation shall initiate
    a study of the potential impacts of a significantly delayed,
    significantly diminished, or completely failed delivery of the Next
    Generation Air Transportation System modernization initiative by the
    Federal Aviation Administration, including impacts to the air traffic
    control system and the national airspace system as a whole.
        (b) Scope of Study.--In carrying out the study under subsection (a),
    the inspector general shall assess the Administration's performance
    related to the NextGen modernization initiative, including--
                (1) the potential impacts on the operational efficiency of
            our aviation system;
                (2) an analysis of potential economic losses and stranded
            investments directly related to NextGen;
                (3) an analysis of the potential impacts to our
            international competitiveness in aviation innovation;
                (4) an analysis of the main differences that would be seen
            in our air traffic control system;
                (5) the potential impacts on the flying public, including
            potential impacts to flight times, fares, and delays in the air
            and on the ground;
                (6) the effects on supply chains reliant on air
            transportation of cargo;
                (7) the potential impacts on the long-term benefits promised
            by NextGen;
                (8) an analysis of the potential impacts on aircraft noise
            and flight paths;
                (9) the potential changes in separation standards, fuel
            consumption, flight paths, block times, and landing procedures
            or lack thereof;
                (10) the potential impacts on aircraft taxi times and
            aircraft emissions or lack thereof;
                (11) a determination of the total potential costs and
            logistical challenges of the failure of NextGen, including a
            comparison of the potential loss of the return on public and
            private sector investment related to NextGen, as compared to
            other available investment alternatives, between December 12,
            2003, and the date of enactment of this Act; and

    [[Page 132 STAT. 3369]]

                (12) other matters arising in the course of the study.

        (c) Report.--Not later than 1 year after the date of initiation of
    the study under subsection (a), the inspector general shall submit to
    the appropriate committees of Congress a report on the results of the
    study.
    SEC. 535. STUDY ON ALLERGIC REACTIONS.

        Not later than 120 days after the date of enactment of this Act, the
    Administrator shall--
                (1) study the prevalence of allergic reactions on board
            flights, whether airlines universally report reactions to the
            Federal Aviation Administration, and the frequency of first aid
            inventory checks to ensure medicine to prevent anaphylactic
            shock is in an aircraft; and
                (2) submit a report to the Committees on Transportation and
            Infrastructure, Energy and Commerce, and Appropriations of the
            House of Representatives and the Committees on Commerce,
            Science, and Transportation, Health, Education, Labor, and
            Pensions, and Appropriations of the Senate.
    SEC. 536. OXYGEN MASK DESIGN STUDY.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator shall conduct a study to review and evaluate the design
    and effectiveness of commercial aircraft oxygen masks. In conducting the
    study, the Administrator shall determine whether the current design of
    oxygen masks is adequate, and whether changes to the design could
    increase correct passenger usage of the masks.
    SEC. 537. AIR CARGO STUDY.

        (a) In General.--Not later than 6 months after the date of enactment
    of this Act, the Comptroller General of the United States shall begin a
    study of international air cargo services among the United States and
    Central American, South American, and Caribbean Basin countries, that--
                (1) analyzes the supply of and demand for air cargo
            transportation services among the United States and Central
            American, South American, and Caribbean Basin countries;
                (2) analyzes the supply of and demand for air cargo
            transportation services between--
                        (A) the United States, Central American, South
                    American, and Caribbean Basin countries; and
                        (B) African and European countries;
                (3) identifies the busiest routes in terms of cargo capacity
            and frequency of air service;
                (4) identifies any air carrier or foreign air carrier hubs
            in Central American, South American, and Caribbean Basin
            countries at which a significant amount of air cargo is sorted,
            handled, or consolidated for transportation to or from the
            United States;
                (5) identifies any air carrier or foreign air carrier hubs
            in the United States at which a significant amount of air cargo
            is sorted, handled, or consolidated for transportation to or
            from Central American, South American, and Caribbean Basin
            countries.
                (6) identifies any significant gaps in the air cargo
            services or cargo air carrier networks--
                        (A) among the countries described in paragraph
                    (2)(A);

    [[Page 132 STAT. 3370]]

                        (B) between such countries and African countries;
                    and
                        (C) between such countries and European countries;
                    and
                (7) assesses the possible impact of the establishment of an
            air carrier hub in Puerto Rico at which air cargo is sorted,
            handled, or consolidated for transportation to or from the
            United States, including the impact on--
                        (A) the employment rate and economy of Puerto Rico;
                        (B) domestic and foreign air transportation of
                    cargo;
                        (C) United States competitiveness in the air
                    transportation of cargo;
                        (D) air cargo operations at other airports in the
                    United States; and
                        (E) domestic air carrier employment.

        (b) Report.--Not later than 12 months after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the results of the study described in
    subsection (a).
        (c) Definition.--In this section, the term ``Caribbean Basin
    countries'' has the same meaning given the term ``Caribbean Basin
    country'' in section 501 of the Food for Peace Act (7 U.S.C. 1737).
    SEC. 538. SENSE OF CONGRESS ON PREVENTING THE TRANSPORTATION OF
                            DISEASE-CARRYING MOSQUITOES AND OTHER
                            INSECTS ON COMMERCIAL AIRCRAFT.

        It is the sense of Congress that the Secretary of Transportation and
    the Secretary of Agriculture should, in coordination and consultation
    with the World Health Organization, develop a framework and guidance for
    the use of safe, effective, and nontoxic means of preventing the
    transportation of disease-carrying mosquitoes and other insects on
    commercial aircraft.
    SEC. 539. TECHNICAL CORRECTIONS.

        (a) Airport Capacity Enhancement Projects at Congested Airports.--
    Section 40104(c) of title 49, United States Code, is amended by striking
    ``section 47176'' and inserting ``section 47175''.
        (b) Passenger Facility Charges.--Section 40117(a)(5) of title 49,
    United States Code, is amended by striking ``charge or charge'' and
    inserting ``charge''.
        (c) Overflights of National Parks.--Section 40128(a)(3) of title 49,
    United States Code, is amended by striking ``under part 91 of the title
    14,'' and inserting ``under part 91 of title 14,''.
        (d) Plans To Address Needs of Families of Passengers Involved in
    Foreign Air Carrier Accidents.--Section 41313(c)(16) of title 49, United
    States Code, is amended by striking ``An assurance that the foreign air
    carrier'' and inserting ``An assurance that''.
        (e) Operations of Carriers.--The analysis for chapter 417 of title
    49, United States Code, <<NOTE: 49 USC 41701 prec.>>  is amended by
    striking the item relating to section 41718 and inserting the following:

    ``41718. Special rules for Ronald Reagan Washington National Airport.''.

        (f) Schedules for Certain Transportation of Mail.--Section 41902(a)
    of title 49, United States Code, is amended by striking ``section
    41906'' and inserting ``section 41905''.
        (g) Weighing Mail.--Section 41907 of title 49, United States Code,
    is amended by striking ``and'' and all that follows through
    ``administrative'' and inserting ``and administrative''.

    [[Page 132 STAT. 3371]]

        (h) Structures Interfering With Air Commerce or National Security.--
    Section 44718(b)(1) of title 49, United States Code, is amended--
                (1) in the matter preceding subparagraph (A) by striking
            ``air navigation facilities and equipment'' and inserting ``air
            or space navigation facilities and equipment''; and
                (2) in subparagraph (A)--
                        (A) in clause (v) by striking ``and'' at the end;
                        (B) by redesignating clause (vi) as clause (vii);
                    and
                        (C) by inserting after clause (v) the following:
                              ``(vi) the impact on launch and reentry for
                          launch and reentry vehicles arriving or departing
                          from a launch site or reentry site licensed by the
                          Secretary of Transportation; and''.

        (i) Flight Attendant Certification.--Section 44728 of title 49,
    United States Code, is amended--
                (1) in subsection (c), by striking ``chapter'' and inserting
            ``title''; and
                (2) in subsection (d)(3), by striking ``is'' and inserting
            ``be''.

        (j) Fees Involving Aircraft Not Providing Air Transportation.--
    Section 45302 of title 49, United States Code, is amended by striking
    ``44703(f)(2)'' each place it appears and inserting ``44703(g)(2)''.
        (k) Schedule of Fees.--Section 45301(a)(1) of title 49, United
    States Code, is amended by striking ``United States government'' and
    inserting ``United States Government''.
        (l) Classified Evidence.--Section 46111(g)(2)(A) of title 49, United
    States Code, is amended by striking ``(18 U.S.C. App.)'' and inserting
    ``(18 U.S.C. App.))''.
        (m) Chapter 465.--The analysis for chapter 465 of title 49, United
    States Code, <<NOTE: 49 USC 46501 prec.>>  is amended by striking the
    following item:

    ``46503. Repealed.''.

        (n) Allowable Cost Standards.--Section 47110(b)(2) of title 49,
    United States Code, is amended--
                (1) in subparagraph (B), by striking ``compatability'' and
            inserting ``compatibility''; and
                (2) in subparagraph (D)(i), by striking ``climactic'' and
            inserting ``climatic''.

        (o) Definition of Qualified HUBZone Small Business Concern.--Section
    47113(a)(3) of title 49, United States Code, is amended by striking
    ``(15 U.S.C. 632(o))'' and inserting ``(15 U.S.C. 632(p))''.
        (p) Special Apportionment Categories.--Section 47117(e)(1)(B) is
    amended by striking ``at least'' and inserting ``At least''.
        (q) Solicitation and Consideration of Comments.--Section 47171(l) of
    title 49, United States Code, is amended by striking ``4371'' and
    inserting ``4321''.
        (r) Operations and Maintenance.--Section 48104 is amended by
    striking ``(a) Authorization of Appropriations.--the'' and inserting
    ``The''.
        (s) Adjustments to Compensation for Significantly Increased Costs.--
    Section 426 of the FAA Modernization and Reform Act of 2012 is amended--
                (1) in subsection (a) (49 U.S.C. 41737 note) by striking
            ``Secretary'' and inserting ``Secretary of Transportation''; and

    [[Page 132 STAT. 3372]]

                (2) in subsection (c) (49 U.S.C. 41731 note) by striking
            ``the Secretary may waive'' and inserting ``the Secretary of
            Transportation may waive''.

        (t) Aircraft Departure Queue Management Pilot Program.--Section
    507(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44505
    note) is amended by striking ``section 48101(a)'' and inserting
    ``section 48101(a) of title 49, United States Code,''.
    SEC. 540. REPORT ON ILLEGAL CHARTER FLIGHTS.

        Not later than 180 days after the date of enactment of this Act, the
    Secretary of Transportation shall submit to the appropriate committees
    of Congress an analysis of reports filed during the 10-year period
    preceding such date of enactment through the illegal charter hotline of
    the FAA and other sources that includes--
                (1) what followup action the Department of Transportation or
            the Administration takes when a report of illegal charter
            operations is received;
                (2) how the Department of Transportation or the
            Administration decides to allocate resources;
                (3) challenges the Department of Transportation or the
            Administration face in identifying illegal operators; and
                (4) recommendations for improving the efforts of the
            Department of Transportation or the Administration to combat
            illegal charter carrier operations.
    SEC. 541. USE OF NASA'S SUPER GUPPY AIRCRAFT FOR COMMERCIAL
                            TRANSPORT.

        Notwithstanding section 40125 of title 49, United States Code, the
    Aero Spacelines Super Guppy Turbine B-377-SGT aircraft, serial number
    0004, may be used to provide the transport, for compensation or hire, of
    oversized space launch vehicle components or oversized spacecraft
    components while continuing to qualify as a public aircraft operation
    pursuant to section 40102(a)(41)(A) of title 49, United States Code,
    if--
                (1) the aircraft is owned and operated by the National
            Aeronautics and Space Administration;
                (2) commercial operation is limited to operations conducted
            wholly in United States airspace; and
                (3) no commercially available domestic air transport
            alternative exists.
    SEC. 542. PROHIBITED AIRSPACE ASSESSMENT.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary of Transportation, in coordination with
    appropriate Federal agencies, shall conduct an assessment on the
    security of United States prohibited airspace designated by the Federal
    Aviation Administration, with a focus on permanent prohibited airspace
    (in this section referred to as ``United States prohibited airspace'').
        (b) Minimum Components.--The assessment developed under subsection
    (a) shall be unclassified but may contain a classified annex. It shall,
    at a minimum, include--
                (1) a summary of the number and types of violations of
            United States prohibited airspace and historical trends of such
            numbers and types;
                (2) an assessment of the processes used to establish United
            States prohibited airspace;

    [[Page 132 STAT. 3373]]

                (3) an assessment of manned and unmanned aircraft, current
            and future, with the ability to penetrate United States
            prohibited airspace undetected;
                (4) an assessment of the current and future capabilities of
            the United States to mitigate threats to United States
            prohibited airspace;
                (5) recommendations on how to improve security of United
            States prohibited airspace; and
                (6) a process to modify section 99.7 of title 14, Code of
            Federal Regulations, to expand the Administrator's authority to
            establish temporary flight restrictions in cooperation with
            State and local law enforcement agencies, or as required for
            purposes of national security, homeland security, or law
            enforcement support.
    SEC. 543. REPORT ON MULTIAGENCY USE OF AIRSPACE AND ENVIRONMENTAL
                            REVIEW.

        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Administrator, in consultation with the
    Secretary of Defense, shall submit to the covered committees of Congress
    a report documenting efforts made toward improving processes to resolve
    persistent challenges for special use airspace requests in support of,
    or associated with, short notice testing requirements at Major Range and
    Test Facility Bases, including the establishment of temporary military
    operations areas used for conducting short-term, scheduled exercises.
        (b) Elements.--The report required under subsection (a) shall
    include the following elements:
                (1) Analysis of previous efforts to streamline internal
            processes associated with the designation of temporary military
            operations areas at Major Range and Test Facility Bases and the
            use of such areas for scheduled exercises.
                (2) Analysis of progress made to ensure consistency of
            environmental review, including impact analysis, associated
            environmental studies, or consultation, while complying with the
            National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
            seq.) and other environmental requirements.
                (3) Identification of challenges, if any, in complying with
            the National Environmental Policy Act of 1969.
                (4) A description of airspace requirements, current test and
            training needs statements completed during the 10-year period
            preceding the report, and future 5-year requirements, including
            all temporary military operating areas, special use airspaces,
            instrument routes, visual routes, and unfulfilled user
            requirements.
                (5) Proposed options and solutions to overcome identified
            challenges, if any, including identifying whether--
                        (A) a solution or solutions can be incorporated
                    within the existing Federal Aviation Administration and
                    Department of Defense Memorandum of Understanding; or
                        (B) changes to current law are required.

        (c) Definitions.--In this section:
                (1) Covered committees of congress.--The term ``covered
            committees of Congress'' means--
                        (A) the Committee on Commerce, Science, and
                    Transportation and the Committee on Armed Services of
                    the Senate; and

    [[Page 132 STAT. 3374]]

                        (B) the Committee on Transportation and
                    Infrastructure and the Committee on Armed Services of
                    the House of Representatives.
                (2) Major range and test facility base.--The term ``Major
            Range and Test Facility Base'' has the meaning given the term in
            section 196(i) of title 10, United States Code.
                (3) Special use airspace.--The term ``special use airspace''
            means certain designations of airspace designated by the Federal
            Aviation Administration, as administered by the Secretary of
            Defense.
    SEC. 544. AGENCY PROCUREMENT REPORTING REQUIREMENTS.

        Section 40110(d) of title 49, United States Code, is amended by
    adding at the end the following:
                ``(5) Annual report on the purchase of foreign manufactured
            articles.--
                        ``(A) Report.--(i) Not later than 90 days after the
                    end of the fiscal year, the Secretary of Transportation
                    shall submit a report to Congress on the dollar amount
                    of acquisitions subject to the Buy American Act made by
                    the agency from entities that manufacture the articles,
                    materials, or supplies outside of the United States in
                    such fiscal year.
                        ``(ii) The report required by clause (i) shall only
                    include acquisitions with total value exceeding the
                    micro-purchase level.
                        ``(B) Contents.--The report required by subparagraph
                    (A) shall separately indicate--
                              ``(i) the dollar value of any articles,
                          materials, or supplies purchased that were
                          manufactured outside of the United States; and
                              ``(ii) a summary of the total procurement
                          funds spent on goods manufactured in the United
                          States versus funds spent on goods manufactured
                          outside of the United States.
                        ``(C) Availability of report.--The Secretary shall
                    make the report under subparagraph (A) publicly
                    available on the agency's website not later than 30 days
                    after submission to Congress.''.
    SEC. 545. FAA ORGANIZATIONAL REFORM.

        (a) Chief Technology Officer.--Section 106(s) of title 49, United
    States Code, is amended to read as follows:
        ``(s) Chief Technology Officer.--
                ``(1) In general.--
                        ``(A) Appointment.--There shall be a Chief
                    Technology Officer appointed by the Chief Operating
                    Officer. The Chief Technology Officer shall report
                    directly to the Chief Operating Officer.
                        ``(B) Minimum qualifications.--The Chief Technology
                    Officer shall have--
                              ``(i) at least 10 years experience in
                          engineering management or another relevant
                          technical management field; and
                              ``(ii) knowledge of or experience in the
                          aviation industry.
                        ``(C) Removal.--The Chief Technology Officer shall
                    serve at the pleasure of the Administrator.

    [[Page 132 STAT. 3375]]

                        ``(D) Restriction.--The Chief Technology Officer may
                    not also be the Deputy Administrator.
                ``(2) Responsibilities.--The responsibilities of the Chief
            Technology Officer shall include--
                        ``(A) ensuring the proper operation, maintenance,
                    and cybersecurity of technology systems relating to the
                    air traffic control system across all program offices of
                    the Administration;
                        ``(B) coordinating the implementation, operation,
                    maintenance, and cybersecurity of technology programs
                    relating to the air traffic control system with the
                    aerospace industry and other Federal agencies;
                        ``(C) reviewing and providing advice to the
                    Secretary, the Administrator, and the Chief Operating
                    Officer on the Administration's budget, cost-accounting
                    system, and benefit-cost analyses with respect to
                    technology programs relating to the air traffic control
                    system;
                        ``(D) consulting with the Administrator on the
                    Capital Investment Plan of the Administration prior to
                    its submission to Congress;
                        ``(E) developing an annual air traffic control
                    system technology operation and maintenance plan that is
                    consistent with the annual performance targets
                    established under paragraph (4); and
                        ``(F) ensuring that the air traffic control system
                    architecture remains, to the maximum extent practicable,
                    flexible enough to incorporate future technological
                    advances developed and directly procured by aircraft
                    operators.
                ``(3) Compensation.--
                        ``(A) In general.--The Chief Technology Officer
                    shall be paid at an annual rate of basic pay to be
                    determined by the Administrator, in consultation with
                    the Chief Operating Officer. The annual rate may not
                    exceed the annual compensation paid under section 102 of
                    title 3. The Chief Technology Officer shall be subject
                    to the postemployment provisions of section 207 of title
                    18 as if the position of Chief Technology Officer were
                    described in section 207(c)(2)(A)(i) of that title.
                        ``(B) Bonus.--In addition to the annual rate of
                    basic pay authorized by subparagraph (A), the Chief
                    Technology Officer may receive a bonus for any calendar
                    year not to exceed 30 percent of the annual rate of
                    basic pay, based upon the Administrator's evaluation of
                    the Chief Technology Officer's performance in relation
                    to the performance targets established under paragraph
                    (4).
                ``(4) Annual performance targets.--
                        ``(A) In general.--The Administrator and the Chief
                    Operating Officer, in consultation with the Chief
                    Technology Officer, shall establish measurable annual
                    performance targets for the Chief Technology Officer in
                    key operational areas.
                        ``(B) Report.--The Administrator shall transmit to
                    the Committee on Transportation and Infrastructure of
                    the House of Representatives and the Committee on
                    Commerce, Science, and Transportation of the Senate a
                    report describing the annual performance targets
                    established under subparagraph (A).

    [[Page 132 STAT. 3376]]

                ``(5) Annual performance report.--The Chief Technology
            Officer shall prepare and transmit to the Secretary of
            Transportation, the Committee on Transportation and
            Infrastructure of the House of Representatives, and the
            Committee on Commerce, Science, and Transportation of the Senate
            an annual report containing--
                        ``(A) detailed descriptions and metrics of how
                    successful the Chief Technology Officer was in meeting
                    the annual performance targets established under
                    paragraph (4); and
                        ``(B) other information as may be requested by the
                    Administrator and the Chief Operating Officer.''.

        (b) Conforming Amendments.--
                (1) Section 709(a)(3)(L) of the Vision 100-Century of
            Aviation Reauthorization Act (49 U.S.C. 40101 note) is amended
            by striking ``Chief NextGen Officer'' and inserting ``Chief
            Technology Officer''.
                (2) Section 804(a)(4)(A) of the FAA Modernization and Reform
            Act of 2012 (49 U.S.C. 44501 note) is amended by striking
            ``Chief NextGen Officer'' and inserting ``Chief Technology
            Officer''.
    SEC. 546. <<NOTE: 49 USC 44701 note.>>  FAA CIVIL AVIATION
                            REGISTRY UPGRADE.

        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Administrator of the Federal Aviation Administration
    shall complete covered upgrades of the Administration's Civil Aviation
    Registry (in this section referred to as the ``Registry'').
        (b) Covered Upgrade Defined.--In this section, the term ``covered
    upgrades'' means--
                (1) the digitization of nondigital Registry information,
            including paper documents, microfilm images, and photographs,
            from an analog or nondigital format to a digital format;
                (2) the digitalization of Registry manual and paper-based
            processes, business operations, and functions by leveraging
            digital technologies and a broader use of digitized data;
                (3) the implementation of systems allowing a member of the
            public to submit any information or form to the Registry and
            conduct any transaction with the Registry by electronic or other
            remote means; and
                (4) allowing more efficient, broader, and remote access to
            the Registry.

        (c) Applicability.--The requirements of subsection (a) shall apply
    to the entire Civil Aviation Registry, including the Aircraft
    Registration Branch and the Airmen Certification Branch.
        (d) Manual Surcharge.--Chapter 453 of title 49, United States Code,
    is amended by adding at the end the following:
    ``Sec. 45306. <<NOTE: 49 USC 45306.>>  Manual surcharge

        ``(a) In General.--Not later 3 years after the date of enactment of
    the FAA Reauthorization Act of 2018, the Administrator shall impose and
    collect a surcharge on a Civil Aviation Registry transaction that--
                ``(1) is conducted in person at the Civil Aviation Registry;
                ``(2) could be conducted, as determined by the
            Administrator, with the same or greater level of efficiency by
            electronic or other remote means; and

    [[Page 132 STAT. 3377]]

                ``(3) is not related to research or other non-commercial
            activities.

        ``(b) Maximum Surcharge.--A surcharge imposed and collected under
    subsection (a) shall not exceed twice the maximum fee the Administrator
    is authorized to charge for the registration of an aircraft, not used to
    provide air transportation, after the transfer of ownership under
    section 45302(b)(2).
        ``(c) Credit to Account and Availability.--Monies collected from a
    surcharge imposed under subsection (a) shall be treated as monies
    collected under section 45302 and subject to the terms and conditions
    set forth in section 45302(d).''.
        (e) Report.--Not later than 1 year after date of enactment of this
    Act, and annually thereafter until the covered upgrades required under
    subsection (a) are complete, the Administrator shall submit a report to
    the appropriate committees of Congress describing--
                (1) the schedule for the covered upgrades to the Registry;
                (2) the office responsible for the implementation of the
            such covered upgrades;
                (3) the metrics being used to measure progress in
            implementing the covered upgrades; and
                (4) the status of the covered upgrades as of the date of the
            report.
    SEC. 547. <<NOTE: 49 USC 40103 note.>>  ENHANCED AIR TRAFFIC
                            SERVICES.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall establish a pilot program to
    provide air traffic control services on a preferential basis to aircraft
    equipped with certain NextGen avionics that--
                (1) lasts at least 2 years; and
                (2) operates in at least 3 suitable airports.

        (b) Duration of Daily Service.--The air traffic control services
    provided under the pilot program established under subsection (a) shall
    occur for at least 3 consecutive hours between 0600 and 2200 local time
    during each day of the pilot program.
        (c) Airport Selection.--The Administrator shall designate airports
    for participation in the pilot program after consultation with aircraft
    operators, manufacturers, and airport sponsors.
        (d) Definitions.--
                (1) Certain nextgen avionics.--The term ``certain NextGen
            avionics'' means those avionics and related software designated
            by the Administrator after consultations with aircraft operators
            and manufacturers.
                (2) Preferential basis.--The term ``preferential basis''
            means--
                        (A) prioritizing aircraft equipped with certain
                    NextGen avionics during a Ground Delay Program by
                    assigning them fewer minutes of delay relative to other
                    aircraft based upon principles established after
                    consultation with aircraft operators and manufacturers;
                    or
                        (B) sequencing aircraft equipped with certain
                    NextGen avionics ahead of other aircraft in the Traffic
                    Flow Management System to the maximum extent consistent
                    with safety.

        (e) Sunset.--The pilot program established under subsection (a)
    shall terminate on September 30, 2023.

    [[Page 132 STAT. 3378]]

        (f) Report.--Not later than 90 days after the date on which the
    pilot program terminates, the Administrator shall submit to the
    appropriate committees of Congress a report on the results of the pilot
    program.
    SEC. 548. SENSE OF CONGRESS ON ARTIFICIAL INTELLIGENCE IN
                            AVIATION.

        It is the sense of Congress that the Administration should, in
    consultation with appropriate Federal agencies and industry
    stakeholders, periodically review the use or proposed use of artificial
    intelligence technologies within the aviation system and assess whether
    the Administration needs a plan regarding artificial intelligence
    standards and best practices to carry out its mission.
    SEC. 549. STUDY ON CYBERSECURITY WORKFORCE OF FAA.

        (a) Study.--Not later than 1 year after the date of the enactment of
    this Act, the Administrator shall enter into an agreement with the
    National Academy of Sciences to conduct a study on the cybersecurity
    workforce of the Administration in order to develop recommendations to
    increase the size, quality, and diversity of such workforce, including
    cybersecurity researchers and specialists.
        (b) Report to Congress.--Not later than 180 days after the
    completion of the study conducted under subsection (a), the
    Administrator shall submit to the appropriate committees of Congress a
    report on the results of such study.
    SEC. 550. <<NOTE: 49 USC 40101 note.>>  TREATMENT OF MULTIYEAR
                            LESSEES OF LARGE AND TURBINE-POWERED
                            MULTIENGINE AIRCRAFT.

        The Secretary of Transportation shall revise such regulations as may
    be necessary to ensure that multiyear lessees and owners of large and
    turbine-powered multiengine aircraft are treated equally for purposes of
    joint ownership policies of the FAA.
    SEC. 551. <<NOTE: 49 USC 44903 note.>>  EMPLOYEE ASSAULT
                            PREVENTION AND RESPONSE PLANS.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, each air carrier operating under part 121 of title 14, Code
    of Federal Regulations (in this section referred to as a ``part 121 air
    carrier''), shall submit to the Administrator for review and acceptance
    an Employee Assault Prevention and Response Plan related to the customer
    service agents of the air carrier and that is developed in consultation
    with the labor union representing such agents.
        (b) Contents of Plan.--An Employee Assault Prevention and Response
    Plan submitted under subsection (a) shall include the following:
                (1) Reporting protocols for air carrier customer service
            agents who have been the victim of a verbal or physical assault.
                (2) Protocols for the immediate notification of law
            enforcement after an incident of verbal or physical assault
            committed against an air carrier customer service agent.
                (3) Protocols for informing Federal law enforcement with
            respect to violations of section 46503 of title 49, United
            States Code.
                (4) Protocols for ensuring that a passenger involved in a
            violent incident with a customer service agent of an air carrier
            is not allowed to move through airport security or board

    [[Page 132 STAT. 3379]]

            an aircraft until appropriate law enforcement has had an
            opportunity to assess the incident and take appropriate action.
                (5) Protocols for air carriers to inform passengers of
            Federal laws protecting Federal, airport, and air carrier
            employees who have security duties within an airport.

        (c) Employee Training.--A part 121 air carrier shall conduct initial
    and recurrent training for all employees, including management, of the
    air carrier with respect to the plan required under subsection (a),
    which shall include training on de-escalating hostile situations,
    written protocols on dealing with hostile situations, and the reporting
    of relevant incidents.
        (d) Study.--Not later than 180 days after the date of enactment of
    this Act, the Comptroller General of the United States shall--
                (1) complete a study of crimes of violence (as defined in
            section 16 of title 18, United States Code) committed against
            airline customer service representatives while they are
            performing their duties and on airport property; and
                (2) submit the findings of the study, including any
            recommendations, to the appropriate committees of Congress.

        (e) Gap Analysis.--The study required under subsection (d) shall
    include a gap analysis to determine if State and local laws and
    resources are adequate to deter or otherwise address the crimes of
    violence described in subsection (a) and recommendations on how to
    address any identified gaps.
    SEC. 552. STUDY ON TRAINING OF CUSTOMER-FACING AIR CARRIER
                            EMPLOYEES.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary of Transportation shall conduct a study on
    the training received by customer-facing employees of air carriers.
        (b) Contents.--The study shall include--
                (1) an analysis of the training received by customer-facing
            employees with respect to the management of disputes on
            aircraft;
                (2) an examination of how institutions of higher learning,
            in coordination with air carriers, customer-facing employees and
            their representatives, consumer advocacy organizations, and
            other stakeholders, could--
                        (A) review such training and related practices;
                        (B) produce recommendations; and
                        (C) if determined appropriate, provide supplemental
                    training; and
                (3) the effectiveness of air carriers' Employee Assault
            Prevention and Response Plans required under section 551.

        (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall submit to the appropriate committees of
    Congress a report on the results of the study.
    SEC. 553. <<NOTE: 49 USC 44720 note.>>  AUTOMATED WEATHER
                            OBSERVING SYSTEMS POLICY.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Administrator shall--
                (1) update automated weather observing systems standards to
            maximize the use of new technologies that promote the reduction
            of equipment or maintenance cost for non-Federal automated
            weather observing systems, including the use of remote
            monitoring and maintenance, unless demonstrated to be
            ineffective;

    [[Page 132 STAT. 3380]]

                (2) review, and if necessary update, existing policies in
            accordance with the standards developed under paragraph (1); and
                (3) establish a process under which appropriate onsite
            airport personnel or an aviation official may, with appropriate
            manufacturer training or alternative training as determined by
            the Administrator, be permitted to conduct the minimum triannual
            preventative maintenance checks under the advisory circular for
            non-Federal automated weather observing systems (AC 150/5220-
            16E) and any other similar, successor checks.

        (b) Permission.--Permission to conduct the minimum triannual
    preventative maintenance checks described under subsection (a)(3) and
    any similar, successor checks shall not be withheld but for specific
    cause.
        (c) Standards.--In updating the standards under subsection (a)(1),
    the Administrator shall--
                (1) ensure the standards are performance-based;
                (2) use risk analysis to determine the accuracy of the
            automated weather observing systems outputs required for pilots
            to perform safe aircraft operations; and
                (3) provide a cost-benefit analysis to determine whether the
            benefits outweigh the cost for any requirement not directly
            related to safety.

        (d) AIP Eligibility of AWOS Equipment.--
                (1) In general.--Notwithstanding any other law, the
            Administrator is authorized to and shall waive any positive
            benefit-cost ratio requirement for automated weather-observing
            system equipment under subchapter I of chapter 471, of title 49,
            United States Code, if--
                        (A) the airport sponsor or State, as applicable,
                    certifies that a grant for such automated weather
                    observing systems equipment under that chapter will
                    assist an applicable airport to respond to regional
                    emergency needs, including medical, firefighting, and
                    search and rescue needs;
                        (B) the Secretary determines, after consultation
                    with the airport sponsor or State, as applicable, that
                    the placement of automated weather-observing equipment
                    at the airport will not cause unacceptable radio
                    frequency congestion; and
                        (C) the other requirements under that chapter are
                    met.
                (2) Applicability to low population density states.--This
            subsection is applicable only to airports located in states with
            a population density, based on the most recent decennial census,
            of 50 or fewer persons per square mile.

        (e) Report.--Not later than September 30, 2025, the Administrator
    shall submit to the appropriate committees of Congress a report on the
    implementation of the requirements under this section.
    SEC. 554. <<NOTE: 49 USC 45105 note.>>  PRIORITIZING AND
                            SUPPORTING THE HUMAN INTERVENTION
                            MOTIVATION STUDY (HIMS) PROGRAM AND THE
                            FLIGHT ATTENDANT DRUG AND ALCOHOL PROGRAM
                            (FADAP).

        (a) In General.--The Administration shall continue to prioritize and
    support the Human Intervention Motivation Study

    [[Page 132 STAT. 3381]]

    (HIMS) program for flight crewmembers and the Flight Attendant Drug and
    Alcohol Program (FADAP) for flight attendants.
        (b) Study and Recommendations.--
                (1) In general.--The Secretary of Transportation shall enter
            into an agreement with the Transportation Research Board (in
            this subsection referred to as the ``Board'') under which the
            Board shall--
                        (A) conduct a study on the Human Intervention
                    Motivation Study (HIMS) program, the Flight Attendant
                    Drug and Alcohol Program (FADAP), and any other drug and
                    alcohol programs within the other modal administrations
                    within the Department of Transportation;
                        (B) to the extent justified by the findings from the
                    study described in subparagraph (A), make
                    recommendations to the Federal Aviation Administration
                    and other administrations within the Department of
                    Transportation on how to implement programs, or changes
                    to existing programs, that seek to help transportation
                    workers get treatment for drug and alcohol abuse and
                    return to work; and
                        (C) upon the completion of the study described in
                    subparagraph (A), submit to the appropriate committees
                    of Congress a report on such study, including the
                    Board's findings, conclusions, and recommendations.
                (2) Requirement.--In conducting the study under paragraph
            (1), the Board shall identify--
                        (A) best policies and practices within existing
                    programs; and
                        (B) best prevention, early intervention, and return
                    to work practices specifically around prescription
                    medication abuse, with a special emphasis on employee
                    use of opioids.
    SEC. 555. <<NOTE: 41 USC 3101 note prec.>>  COST-EFFECTIVENESS
                            ANALYSIS OF EQUIPMENT RENTAL.

        (a) Agency Analysis of Equipment Acquisition.--
                (1) In general.--Except as provided for under subsection
            (d), the head of each executive agency shall acquire equipment
            using the method of acquisition most advantageous to the Federal
            Government based on a case-by-case analysis of comparative costs
            and other factors, including those factors listed in section
            7.401 of the Federal Acquisition Regulation.
                (2) Methods of acquisition.--The methods of acquisition to
            be compared in the analysis under paragraph (1) shall include,
            at a minimum, purchase, short-term rental or lease, long-term
            rental or lease, interagency acquisition, and acquisition
            agreements with a State or a local government as described in
            subsection (c).
                (3) Amendment of federal acquisition regulation.--Not later
            than 180 days after the date of the enactment of this Act, the
            Federal Acquisition Regulatory Council shall amend the Federal
            Acquisition Regulation to implement the requirement of this
            subsection, including a determination of the factors for
            executive agencies to consider for purposes of performing the
            analysis under paragraph (1).
                (4) Rule of construction.--Nothing in this subsection shall
            be construed to affect the requirements of chapter 37 of title
            41, United States Code, section 2305 of title 10, United States
            Code, or section 1535 of title 31, United States Code.

    [[Page 132 STAT. 3382]]

        (b) Date of Implementation.--The analysis described in subsection
    (a) shall be applied to contracts for the acquisition of equipment
    entered into on or after the date that the Federal Acquisition
    Regulation is amended pursuant to paragraph (3) of such subsection.
        (c) Acquisition Agreements With States or Local Governments.--
                (1) In general.--Notwithstanding any other provision of law,
            including chapter 37 of title 41, United States Code, the Small
            Business Act (15 U.S.C. 631 et seq.), and section 2305 of title
            10, United States Code, the head of an executive agency may
            enter into an acquisition agreement authorized by this section
            directly with a State or a local government if the agency head
            determines that the agreement otherwise satisfies the
            requirements of subsection (a)(1).
                (2) Terms and conditions.--Any agreement under paragraph (1)
            shall contain such terms and conditions as the head of the
            agency deems necessary or appropriate to protect the interests
            of the United States.

        (d) Exceptions.--The analysis otherwise required under subsection
    (a) is not required--
                (1) when the President has issued an emergency declaration
            or a major disaster declaration pursuant to the Robert T.
            Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
            5121 et seq.);
                (2) in other emergency situations if the agency head makes a
            determination that obtaining such equipment is necessary in
            order to protect human life or property; or
                (3) when otherwise authorized by law.

        (e) Study of Agency Analyses.--Not later than 2 years after the date
    of the enactment of this Act, the Comptroller General of the United
    States shall submit to the Committee on Oversight and Government Reform
    of the House of Representatives and the Committee on Homeland Security
    and Governmental Affairs of the Senate a comprehensive report on the
    decisions made by the executive agencies with the highest levels of
    acquisition spending, and a sample of executive agencies with lower
    levels of acquisition spending, to acquire high-value equipment by
    lease, rental, or purchase pursuant to subpart 7.4 of the Federal
    Acquisition Regulation.
        (f) Definitions.--In this section:
                (1) Executive agency.--The term ``executive agency'' has the
            meaning given that term in section 102 of title 40, United
            States Code.
                (2) Interagency acquisition.--The term ``interagency
            acquisition'' has the meaning given that term in section 2.101
            of the Federal Acquisition Regulation.
                (3) State.--The term ``State'' has the meaning given the
            term in section 6501 of title 31, United States Code.
                (4) Local government.--The term ``local government'' means
            any unit of local government within a State, including a county,
            municipality, city, borough, town, township, parish, local
            public authority, school district, special district, intrastate
            district, council of governments, or regional or interstate
            government entity, and any agency or instrumentality of a local
            government.

    [[Page 132 STAT. 3383]]

    SEC. 556. <<NOTE: 49 USC 44103 note.>> AIRCRAFT REGISTRATION.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall initiate a rulemaking to increase
    the duration of aircraft registrations for noncommercial general
    aviation aircraft to 7 years.
        (b) Considerations.--In promulgating the notice of proposed
    rulemaking described in subsection (a), the Administrator may consider
    any events, circumstances, changes in any ownership entity or structure,
    or other condition that would necessitate renewal prior to the
    expiration of an aircraft registration.
    SEC. 557. REQUIREMENT TO CONSULT WITH STAKEHOLDERS IN DEFINING
                            SCOPE AND REQUIREMENTS FOR FUTURE FLIGHT
                            SERVICE PROGRAM.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator shall consult with stakeholders in defining the scope and
    requirements for any new Future Flight Service Program of the
    Administration to be used in a competitive source selection for the next
    flight service contract with the Administration.
    SEC. 558. <<NOTE: 49 USC 106 note.>>  FEDERAL AVIATION
                            ADMINISTRATION PERFORMANCE MEASURES AND
                            TARGETS.

        (a) Performance Measures.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Transportation shall establish
    performance measures relating to the management of the Administration,
    which shall, at a minimum, include measures to assess--
                (1) the timely and cost-effective completion of projects;
            and
                (2) the effectiveness of the Administration in achieving the
            goals described in section 47171 of title 49, United States
            Code.

        (b) Performance Targets.--Not later than 180 days after the date on
    which the Secretary establishes performance measures in accordance with
    subsection (a), the Secretary shall establish performance targets
    relating to each of the measures described in that subsection.
        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the inspector general of the Department of Transportation
    shall submit to the appropriate committees of Congress a report
    describing the progress of the Secretary in meeting the performance
    targets established under subsection (b).
    SEC. 559. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES IN
                            THE NEW YORK CITY AND NEWARK REGION.

        Not later than 90 days after the date of enactment of this Act, the
    Administrator shall submit to the appropriate committees of Congress a
    report on the Administration's staffing and scheduling plans for air
    traffic control facilities in the New York City and Newark region for
    the 1-year period beginning on such date of enactment.
    SEC. 560. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA
                            METROPOLITAN AREA AIRSPACE PROJECT.

        Not later than 90 days after the date of enactment of this Act, the
    Administrator shall develop and publish in the Federal Register a work
    plan for the New York/New Jersey/Philadelphia Metropolitan Area Airspace
    Project.

    [[Page 132 STAT. 3384]]

    SEC. 561. ANNUAL REPORT ON INCLUSION OF DISABLED VETERAN LEAVE IN
                            PERSONNEL MANAGEMENT SYSTEM.

        Not later than 1 year after the date of enactment of this Act, and
    not less frequently than annually there after until the date that is 5
    years after the date of enactment of this Act, the Administrator shall
    publish on a publicly accessible internet website a report on--
                (1) the effect of the amendments made by subsections (a) and
            (b) of section 2 of the Federal Aviation Administration Veteran
            Transition Improvement Act of 2016 (Public Law 114-242), on the
            Administration's work force; and
                (2) the number of disabled veterans benefitting from such
            subsections.
    SEC. 562. <<NOTE: 49 USC 40101 note.>>  ENHANCED SURVEILLANCE
                            CAPABILITY.

        Not later than 120 days after the date of enactment of this Act, the
    Administrator shall identify and implement a strategy to--
                (1) advance near-term and long-term uses of enhanced
            surveillance systems, such as space-based ADS-B, within United
            States airspace or international airspace delegated to the
            United States;
                (2) exercise leadership on setting global standards for the
            separation of aircraft in oceanic airspace by working with--
                        (A) foreign counterparts of the Administrator in the
                    International Civil Aviation Organization and its
                    subsidiary organizations;
                        (B) other international organizations and fora; and
                        (C) the private sector; and
                (3) ensure the participation of the Administration in the
            analysis of trials of enhanced surveillance systems, such as
            space-based ADS-B, performed by foreign air navigation service
            providers in North Atlantic airspace.
    SEC. 563. ACCESS OF AIR CARRIERS TO INFORMATION ABOUT APPLICANTS
                            TO BE PILOTS FROM NATIONAL DRIVER
                            REGISTER.

        Section 30305(b)(8) of title 49, United States Code, is amended to
    read as follows:
                ``(8)(A) An individual who is seeking employment by an air
            carrier as a pilot may request the chief driver licensing
            official of a State to provide information about the individual
            under subsection (a) of this section to the prospective employer
            of the individual, the authorized agent of the prospective
            employer, or the Secretary of Transportation.
                ``(B) An air carrier that is the prospective employer of an
            individual described in subparagraph (A), or an authorized agent
            of such an air carrier, may request and receive information
            about that individual from the National Driver Register through
            an organization approved by the Secretary for purposes of
            requesting, receiving, and transmitting such information
            directly to the prospective employer of such an individual or
            the authorized agent of the prospective employer. This paragraph
            shall be carried out in accordance with paragraphs (2) and (11)
            of section 44703(h) and the Fair Credit Reporting Act (15 U.S.C.
            1681 et seq.).

    [[Page 132 STAT. 3385]]

                ``(C) Information may not be obtained from the National
            Driver Register under this paragraph if the information was
            entered in the Register more than 5 years before the request
            unless the information is about a revocation or suspension still
            in effect on the date of the request.''.
    SEC. 564. REGULATORY REFORM.

        Section 106(p)(5) of title 49, United States Code, is amended--
                (1) by striking ``Committee, or'' and inserting
            ``Committee,''; and
                (2) by striking the period at the end and inserting ``, or
            such aerospace rulemaking committees as the Secretary shall
            designate.''.
    SEC. 565. <<NOTE: 49 USC 44714 note.>>  AVIATION FUEL.

        (a) Use of Unleaded Aviation Gasoline.--The Administrator shall
    allow the use of an unleaded aviation gasoline in an aircraft as a
    replacement for a leaded gasoline if the Administrator--
                (1) determines that the unleaded aviation gasoline qualifies
            as a replacement for an approved leaded gasoline;
                (2) identifies the aircraft and engines that are eligible to
            use the qualified replacement unleaded gasoline; and
                (3) adopts a process (other than the traditional means of
            certification) to allow eligible aircraft and engines to operate
            using qualified replacement unleaded gasoline in a manner that
            ensures safety.

        (b) Timing.--The Administrator shall adopt the process described in
    subsection (a)(3) not later than 180 days after the later of--
                (1) the date on which the Administration completes the
            Piston Aviation Fuels Initiative; or
                (2) the date on which the American Society for Testing and
            Materials publishes a production specification for an unleaded
            aviation gasoline.

        (c) Type Certification.--Existing regulatory mechanisms by which an
    unleaded aviation gasoline can be approved for use in an engine or
    aircraft by Type or Supplemental Type Certificate for individual
    aircraft and engine types or by Approved Model List Supplemental Type
    Certificate providing coverage for a broad range of applicable types of
    aircraft or engines identified in the application shall continue to be
    fully available as a means of approving and bringing an unleaded
    aviation gasoline into general use in the United States. Such approvals
    shall be issued when the Administrator finds that the aircraft or engine
    performs properly and meets the applicable regulations and minimum
    standards under the normal certification process.
    SEC. 566. <<NOTE: 49 USC 44103 note.>>  RIGHT TO PRIVACY WHEN
                            USING AIR TRAFFIC CONTROL SYSTEM.

        Notwithstanding any other provision of law, the Administrator shall,
    upon request of a private aircraft owner or operator, block the
    registration number of the aircraft of the owner or operator from any
    public dissemination or display, except in data made available to a
    Government agency, for the noncommercial flights of the owner or
    operator.

    [[Page 132 STAT. 3386]]

    SEC. 567. FEDERAL AVIATION ADMINISTRATION WORKFORCE REVIEW.

        (a) In General.--Not later than 120 days after the date of enactment
    of this Act, the Comptroller General of the United States shall conduct
    a review to assess the workforce and training needs of the FAA in the
    anticipated budgetary environment.
        (b) Contents.--In conducting the review, the Comptroller General
    shall--
                (1) identify the long-term workforce and training needs of
            the FAA workforce;
                (2) assess the impact of automation, digitalization, and
            artificial intelligence on the FAA workforce;
                (3) analyze the skills and qualifications required of the
            FAA workforce for successful performance in the current and
            future projected aviation environment;
                (4) review current performance incentive policies of the
            FAA, including awards for performance;
                (5) analyze ways in which the FAA can work with industry and
            labor, including labor groups representing the FAA workforce, to
            establish knowledge-sharing opportunities between the FAA and
            the aviation industry regarding new equipment and systems, best
            practices, and other areas of interest; and
                (6) develop recommendations on the most effective
            qualifications, training programs (including e-learning
            training), and performance incentive approaches to address the
            needs of the future projected aviation regulatory system in the
            anticipated budgetary environment.

        (c) Report.--Not later than 270 days after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the results of the review.
    SEC. 568. REVIEW OF APPROVAL PROCESS FOR USE OF LARGE AIR TANKERS
                            AND VERY LARGE AIR TANKERS FOR WILDLAND
                            FIREFIGHTING.

        (a) Review and Improvement of Current Approval Process.--The Chief
    of the Forest Service, in consultation with the Administrator, shall
    conduct a review of the process used by the Forest Service to approve
    the use of large air tankers and very large air tankers for wildland
    firefighting for the purpose of--
                (1) determining the current effectiveness, safety, and
            consistency of the approval process;
                (2) developing recommendations for improving the
            effectiveness, safety, and consistency of the approval process;
            and
                (3) assisting in developing standardized next-generation
            requirements for air tankers used for firefighting.

        (b) Reporting Requirement.--Not later than 1 year after the date of
    enactment of this Act, the Chief of the Forest Service shall submit to
    Congress a report describing the outcome of the review conducted under
    subsection (a).
    SEC. 569. FAA TECHNICAL WORKFORCE.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator shall--
                (1) identify and assess barriers to attracting, developing,
            training, and retaining a talented workforce in the areas of

    [[Page 132 STAT. 3387]]

            systems engineering, architecture, systems integration, digital
            communications, and cybersecurity;
                (2) develop a comprehensive plan to attract, develop, train,
            and retain talented individuals in those fields; and
                (3) identify existing authorities available to the
            Administrator, through personnel reform, to attract, develop,
            and retain this talent.

        (b) Report.--The Administrator shall submit to the appropriate
    committees of Congress a report on the progress made toward implementing
    the requirements under subsection (a).
    SEC. 570. STUDY ON AIRPORT CREDIT ASSISTANCE.

        (a) Review.--
                (1) In general.--The Secretary of Transportation shall
            conduct a review to determine whether a Federal credit
            assistance program would be beneficial and feasible for airport-
            related projects as defined in section 40117(a) of title 49,
            United States Code.
                (2) Considerations.--In carrying out the review under
            paragraph (1), the Secretary may consider--
                        (A) expanding eligibility under an existing Federal
                    credit assistance program to include such projects; and
                        (B) establishing a new credit assistance program for
                    such projects.

        (b) Report.--Not later than 270 days after the date of enactment of
    this section, the Secretary shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives, the
    Committee on Commerce, Science, and Transportation of the Senate, and
    the Committee on the Environment and Public Works of the Senate a report
    on the results of the review carried out under subsection (a). The
    report shall include a description of--
                (1) the benefits and other effects;
                (2) potential projects;
                (3) the budgetary impacts, including an estimate of--
                        (A) the average annual loan volume;
                        (B) the average subsidy rate; and
                        (C) any loss of Federal revenue;
                (4) impacts on existing programs;
                (5) the administrative costs; and
                (6) any personnel changes.
    SEC. 571. SPECTRUM AVAILABILITY.

        (a) Findings.--Congress makes the following findings:
                (1) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note)
            requires the Secretary of Commerce to identify 30 megahertz of
            electromagnetic spectrum below the frequency of 3 gigahertz to
            be reallocated to non-Federal use, to shared Federal and non-
            Federal use, or to a combination thereof.
                (2) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note)
            authorized the Director of the Office of Management and Budget
            to use amounts made available through the Spectrum Relocation
            Fund to make payments to Federal entities for research and
            development, engineering studies, economic analyses, and other
            activities intended to improve the efficiency and effectiveness
            of Federal spectrum use in order to make such spectrum available
            for reallocation for non-Federal use,

    [[Page 132 STAT. 3388]]

            for shared Federal and non-Federal use, or for a combination
            thereof.
                (3) The Federal Aviation Administration, in coordination
            with the Department of Commerce, the Department of Defense, and
            the Department of Homeland Security, established the Spectrum
            Efficient National Surveillance Radar (referred to in this
            section as ``SENSR'') Program to assess the feasibility of
            consolidating certain long-range, short-range, and weather radar
            systems in order to make available the 1300-1350 megahertz band.
                (4) The SENSR Program received approval and approximately
            $71,500,000 from Office of Management and Budget on June 2,
            2017, to proceed with Phase I of the SENSR Spectrum Pipeline
            Plan, which will focus on requirements and concept development
            as well as documenting expected costs and information for all
            impacted Federal spectrum systems.

        (b)  Sense of Congress.--It is the sense of Congress that the SENSR
    Program of the FAA should continue its assessment of the feasibility of
    making the 1300-1350 megahertz band of electromagnetic spectrum
    available for non-Federal use.
    SEC. 572. SPECIAL REVIEW RELATING TO AIR SPACE CHANGES.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Federal Aviation Management Advisory Council
    established under section 106(p) of title 49, United States Code (in
    this section referred to as the ``Council'') shall initiate a special
    review of the Federal Aviation Administration.
        (b) Review.--The special review of the Administration required under
    subsection (a) shall consist of the following:
                (1) A review of the practices and procedures of the Federal
            Aviation Administration for developing proposals with respect to
            changes in regulations, policies, or guidance of the Federal
            Aviation Administration relating to airspace that affect airport
            operations, airport capacity, the environment, or communities in
            the vicinity of airports, including an assessment of the extent
            to which there is consultation, or a lack of consultation, with
            respect to such proposals--
                        (A) between and among the affected elements of the
                    Federal Aviation Administration, including the Air
                    Traffic Organization, the Office of Airports, the Flight
                    Standards Service, the Office of NextGen, and the Office
                    of Energy and Environment; and
                        (B) between the Federal Aviation Administration and
                    affected entities, including airports, aircraft
                    operators, communities, and State and local governments.
                (2) Recommendations for revisions to such practices and
            procedures to improve communications and coordination between
            and among affected elements of the Federal Aviation
            Administration and with other affected entities with respect to
            proposals described in paragraph (1) and the potential effects
            of such proposals.

        (c) Consultation.--In conducting the special review, the Council
    shall consult with--
                (1) air carriers, including passenger and cargo air
            carriers;
                (2) general aviation, including business aviation and fixed
            wing aircraft and rotorcraft;
                (3) airports of various sizes and types;

    [[Page 132 STAT. 3389]]

                (4) exclusive bargaining representatives of air traffic
            controllers certified under section 7111 of title 5, United
            States Code; and
                (5) State aviation officials.

        (d) Report Required.--Not later than 2 years after the date of
    enactment of this Act, the Administrator shall submit to the appropriate
    committees of Congress a report on the results of the special review
    conducted by the Council, including a description of the comments,
    recommendations, and dissenting views received from the Council and a
    description of how the Administrator plans to implement the
    recommendations of the Council.
    SEC. 573. REIMBURSEMENT FOR IMMIGRATION INSPECTIONS.

        Section 286(i) of the Immigration and Nationality Act (8 U.S.C.
    1356(i)) is amended--
                (1) by inserting ``, train,'' after ``commercial aircraft'';
            and
                (2) by inserting ``, rail line,'' after ``airport''.
    SEC. 574. FAA EMPLOYEES IN GUAM.

        (a) In General.--The Secretary of Transportation shall use existing
    authorities to negotiate an agreement that shall be renegotiated after
    no sooner than 3 years with the Secretary of Defense--
                (1) to authorize Federal Aviation Administration employees
            assigned to Guam, their spouses, and their dependent children
            access to Department of Defense health care facilities located
            in Guam on a space available basis; and
                (2) to provide for payments by the Federal Aviation
            Administration to the Department of Defense for the
            administrative and any other costs associated with--
                        (A) enrolling Federal Aviation Administration
                    employees assigned to Guam, their spouses, and their
                    dependent children in any Department of Defense health
                    care facility necessary to allow access pursuant to
                    paragraph (1); and
                        (B) third-party billing for any medical costs
                    incurred as a result of Federal Aviation Administration
                    employees, their spouses, or their dependent children
                    accessing and receiving medical treatment or services at
                    a Department of Defense health care facility located in
                    Guam.

        (b) Funds Subject to Appropriations.--Funds for payments by the
    Federal Aviation Administration described in subsection (a)(2) are
    subject to the availability of amounts specifically provided in advance
    for that purpose in appropriations Acts.
        (c) Report on Access to Facilities of the Department of Defense in
    Guam.--
                (1) In general.--Not later than 180 days after the date of
            the enactment of this Act, the Secretary of Transportation and
            the Secretary of Defense shall jointly submit a report to the
            Committees on Armed Services of the Senate and the House of
            Representatives, the Committee on Commerce of the Senate, and
            the Committee on Transportation and Infrastructure of the House
            of Representatives on eligibility for and access to Department
            of Defense support facilities by Federal Aviation Administration
            employees in the U.S. territory of Guam.
                (2) Scope.--The report required under paragraph (1) shall:

    [[Page 132 STAT. 3390]]

                        (A) Evaluate the ability of Department of Defense
                    support facilities in Guam to adequately serve current
                    military personnel and dependent populations.
                        (B) Determine how any substantial increases to
                    military personnel and dependent populations in Guam
                    would impact the ability of existing Department of
                    Defense support facilities to provide services for
                    military personnel and dependents stationed in Guam.
                        (C) Provide recommendations on any improvements to
                    existing Department of Defense facilities which may be
                    needed to ensure those facilities in Guam can support an
                    increased population of military personnel and dependent
                    population in Guam.
                        (D) Consider the impact of expanded access to
                    Department of Defense support facilities in Guam to
                    Federal Aviation Administration employees and their
                    families on the ability of those facilities to provide
                    services to military personnel and their families.
                        (E) Recognize the Federal Aviation Administration's
                    vital role as the sole provider of radar air traffic
                    control services for aircraft traversing into and out of
                    the airspace near and above Guam the vast majority of
                    which are military operations, Department of Defense
                    aircraft, or other aircraft traveling to Guam in order
                    to interact with Department of Defense facilities.
                        (F) Review the existing authorities authorizing
                    eligibility and access for non-military personnel and
                    their dependents to Department of Defense support
                    facilities, including health care facilities,
                    commissaries, and exchanges, outside the continental
                    United States.
                        (G) Determine the applicability of those existing
                    authorities to Department of Defense support facilities
                    in the U.S. territory of Guam.
                        (H) Outline the specific conditions on Guam, which
                    may necessitate access to Department of Defense support
                    facilities in Guam by Federal Aviation Administration
                    personnel and their families.
                        (I) Determine any changes in laws or regulations
                    that may be necessary to authorize Federal Aviation
                    Administration employees and their families access to
                    Department of Defense health care facilities,
                    commissaries, and exchanges in Guam.
    SEC. 575. GAO STUDY ON AIRLINE COMPUTER NETWORK DISRUPTIONS.

        Not later than 1 year after the date of enactment of this Act, the
    Comptroller General of the United States shall submit to the appropriate
    committees of Congress a report containing a review of the following:
                (1) Direct and indirect effects on passengers, if any,
            resulting from significant computer network disruptions of part
            121 (of title 49, Code of Federal Regulations) air carriers
            between January 1, 2014, and the date of enactment of this
            section, including--
                        (A) systemwide delays;
                        (B) flight cancellations; and
                        (C) disrupted or broken itineraries.

    [[Page 132 STAT. 3391]]

                (2) An estimate of any expenses incurred by passengers
            during significant computer network disruptions, including--
                        (A) meals, lodging, and ancillary expenses per
                    persons;
                        (B) late hotel check-in or car rental fees;
                        (C) missed cruise-ship departures; and
                        (D) lost productivity.
                (3) Air carriers' contracts of carriage and interline
            agreements to determine if and how air carriers accommodate
            passengers affected by significant computer network disruptions
            on other air carriers or foreign air carriers.
                (4) Whether passengers who have been displaced by
            significant computer network disruptions are furnished with
            alternative transportation aboard another air carrier or foreign
            air carrier.
                (5) Costs incurred by airports, if any, to meet the
            essential needs of passengers, including increased demands on
            utilities, food concessionaires, restroom facilities, and
            security staffing, during significant computer network
            disruptions.
                (6) Other costs, if any, incurred by passengers, airports,
            and other entities as a direct result of significant computer
            network disruptions.
                (7) Processes, plans, and redundancies in place at air
            carriers to respond to and recover from such network
            disruptions.
    SEC. 576. TOWER MARKING.

        Section 2110 of the FAA Extension, Safety, and Security Act of 2016
    (49 U.S.C. 44718 note) is amended to read as follows:
    ``SEC. 2110. TOWER MARKING.

        ``(a) Application.--
                ``(1) In general.--Except as provided by paragraph (2), not
            later than 18 months after the date of enactment of the FAA
            Reauthorization Act of 2018 or the date of availability of the
            database developed by the Administrator pursuant to subsection
            (c), whichever is later, all covered towers shall be either--
                        ``(A) clearly marked consistent with applicable
                    guidance in the advisory circular of the FAA issued
                    December 4, 2015 (AC 70/7460-IL); or
                        ``(B) included in the database described in
                    subsection (c).
                ``(2) Meteorological evaluation tower.--A covered tower that
            is a meteorological evaluation tower shall be subject to the
            requirements of subparagraphs (A) and (B) of paragraph (1).

        ``(b) Definitions.--
                ``(1) In general.--In this section, the following
            definitions apply:
                        ``(A) Covered tower.--
                              ``(i) In general.--The term `covered tower'
                          means a structure that--
                                        ``(I) is a meteorological evaluation
                                    tower, a self-standing tower, or tower
                                    supported by guy wires and ground
                                    anchors;
                                        ``(II) is 10 feet or less in
                                    diameter at the above-ground base,
                                    excluding concrete footing;
                                        ``(III) at the highest point of the
                                    structure is at least 50 feet above
                                    ground level;

    [[Page 132 STAT. 3392]]

                                        ``(IV) at the highest point of the
                                    structure is not more than 200 feet
                                    above ground level;
                                        ``(V) has accessory facilities on
                                    which an antenna, sensor, camera,
                                    meteorological instrument, or other
                                    equipment is mounted; and
                                        ``(VI) is located on land that is--
                                                ``(aa) in a rural area; and
                                                ``(bb) used for agricultural
                                            purposes or immediately adjacent
                                            to such land.
                              ``(ii) Exclusions.--The term `covered tower'
                          does not include any structure that--
                                        ``(I) is adjacent to a house, barn,
                                    electric utility station, or other
                                    building;
                                        ``(II) is within the curtilage of a
                                    farmstead or adjacent to another
                                    building or visible structure;
                                        ``(III) supports electric utility
                                    transmission or distribution lines;
                                        ``(IV) is a wind-powered electrical
                                    generator with a rotor blade radius that
                                    exceeds 6 feet;
                                        ``(V) is a street light erected or
                                    maintained by a Federal, State, local,
                                    or tribal entity;
                                        ``(VI) is designed and constructed
                                    to resemble a tree or visible structure
                                    other than a tower;
                                        ``(VII) is an advertising billboard;
                                        ``(VIII) is located within the
                                    right-of-way of a rail carrier,
                                    including within the boundaries of a
                                    rail yard, and is used for a railroad
                                    purpose;
                                        ``(IX)(aa) is registered with the
                                    Federal Communications Commission under
                                    the Antenna Structure Registration
                                    program set forth under part 17 of title
                                    47, Code of Federal Regulations; and
                                        ``(bb) is determined by the
                                    Administrator to pose no hazard to air
                                    navigation; or
                                        ``(X) has already mitigated any
                                    hazard to aviation safety in accordance
                                    with Federal Aviation Administration
                                    guidance or as otherwise approved by the
                                    Administrator.
                        ``(B) Rural area.--The term `rural area' has the
                    meaning given the term in section 609(a)(5) of the
                    Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
                    918c(a)(5)).
                        ``(C) Agricultural purposes.--The term `agricultural
                    purposes' means farming in all its branches and the
                    cultivation and tillage of the soil, the production,
                    cultivation, growing, and harvesting of any agricultural
                    or horticultural commodities performed by a farmer or on
                    a farm, or on pasture land or rangeland.
                ``(2) Other definitions.--The Administrator shall define
            such other terms as may be necessary to carry out this section.

        ``(c) Database.--The Administrator shall--
                ``(1) develop a new database, or if appropriate use an
            existing database that meets the requirements under this
            section, that contains the location and height of each covered
            tower that, pursuant to subsection (a), the owner or operator of
            such tower elects not to mark (unless the Administrator has
            determined that there is a significant safety risk requiring

    [[Page 132 STAT. 3393]]

            that the tower be marked), except that meteorological evaluation
            towers shall be marked and contained in the database;
                ``(2) keep the database current to the extent practicable;
                ``(3) ensure that any proprietary information in the
            database is protected from disclosure in accordance with law;
                ``(4) ensure that, by virtue of accessing the database,
            users agree and acknowledge that information in the database--
                        ``(A) may only be used for aviation safety purposes;
                    and
                        ``(B) may not be disclosed for purposes other than
                    aviation safety, regardless of whether or not the
                    information is marked or labeled as proprietary or with
                    a similar designation;
                ``(5) ensure that the tower information in the database is
            de-identified and that the information only includes the
            location and height of covered towers and whether the tower has
            guy wires;
                ``(6) ensure that information in the dataset is encrypted at
            rest and in transit and is protected from unauthorized access
            and acquisition;
                ``(7) ensure that towers excluded from the definition of
            covered tower under subsection (d)(1)(B)(ii)(VIII) must be
            registered by its owner in the database;
                ``(8) ensure that a tower to be included in the database
            pursuant to subsection (c)(1) and constructed after the date on
            which the database is fully operational is submitted by its
            owner to the FAA for inclusion in the database before its
            construction;
                ``(9) ensure that pilots who intend to conduct low-altitude
            operations in locations described in subsection (b)(1)(A)(i)(VI)
            consult the relevant parts of the database before conducting
            such operations; and
                ``(10) make the database available for use not later than 1
            year after the date of enactment of the FAA Reauthorization Act
            of 2018.

        ``(d) Exclusion and Waiver Authorities.--As part of a rulemaking
    conducted pursuant to this section, the Administrator--
                ``(1) may exclude a class, category, or type of tower that
            is determined by the Administrator, after public notice and
            comment, to not pose a hazard to aviation safety;
                ``(2) shall establish a process to waive specific covered
            towers from the marking requirements under this section as
            required under the rulemaking if the Administrator later
            determines such tower or towers do not pose a hazard to aviation
            safety;
                ``(3) shall consider, in establishing exclusions and
            granting waivers under this subsection, factors that may
            sufficiently mitigate risks to aviation safety, such as the
            length of time the tower has been in existence or alternative
            marking methods or technologies that maintains a tower's level
            of conspicuousness to a degree which adequately maintains the
            safety of the airspace; and
                ``(4) shall consider excluding towers located in a State
            that has enacted tower marking requirements according to the
            Federal Aviation Administration's recommended guidance for the
            voluntary marking of meteorological evaluation towers erected in
            remote and rural areas that are less than 200 feet above

    [[Page 132 STAT. 3394]]

            ground level to enhance the conspicuity of the towers for low
            level agricultural operations in the vicinity of those towers.

        ``(e) Periodic Review.--The Administrator shall, in consultation
    with the Federal Communications Commission, periodically review any
    regulations or guidance regarding the marking of covered towers issued
    pursuant to this section and update them as necessary, consistent with
    this section, and in the interest of safety of low-altitude aircraft
    operations.
        ``(f) FCC Regulations.--The Federal Communications Commission shall
    amend section 17.7 of title 47, Code of Federal Regulations, to require
    a notification to the Federal Aviation Administration for any
    construction or alteration of an antenna structure, as defined in
    section 17.2(a) of title 47, Code of Federal Regulations, that is a
    covered tower as defined by this section.''.
    SEC. 577. <<NOTE: 49 USC 42301 note prec.>>  MINIMUM DIMENSIONS
                            FOR PASSENGER SEATS.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, and after providing notice and an opportunity for comment,
    the Administrator of the Federal Aviation Administration shall issue
    regulations that establish minimum dimensions for passenger seats on
    aircraft operated by air carriers in interstate air transportation or
    intrastate air transportation, including minimums for seat pitch, width,
    and length, and that are necessary for the safety of passengers.
        (b) Definitions.--The definitions contained in section 40102(a) of
    title 49, United States Code, apply to this section.
    SEC. 578. JUDICIAL REVIEW FOR PROPOSED ALTERNATIVE ENVIRONMENTAL
                            REVIEW AND APPROVAL PROCEDURES.

        Section 330 of title 23, United States Code, is amended--
                (1) in subsection (a)(2), by striking ``5 States'' and
            inserting ``2 States''; and
                (2) in subsection (e)--
                        (A) in paragraph (2)(A), by striking ``2 years'' and
                    inserting ``150 days as set forth in section 139(l)'';
                    and
                        (B) in paragraph (3)(B)(i), by striking ``2 years''
                    and inserting ``150 days as set forth in section
                    139(l)''.
    SEC. 579. REGULATORY STREAMLINING.

        Not later than 1 year after the date of enactment of this Act, the
    Administrator of the Federal Aviation Administration shall issue a final
    regulation revising section 121.333(c)(3) of title 14, Code of Federal
    Regulations, to apply only to flight altitudes above flight level 410.
    SEC. 580. SPACEPORTS.

        (a) Sense of Congress on State Spaceport Contributions.--It is the
    Sense of Congress that--
                (1) State and local government-owned or -operated spaceports
            have contributed hundreds of millions of dollars in
            infrastructure improvements to the national space launch
            infrastructure, providing the United States Government and
            commercial customers with world-class space launch and
            processing infrastructure that is necessary to support continued
            American leadership in space;
                (2) State and local government-owned or -operated spaceports
            play a critical role in providing resiliency and redundancy

    [[Page 132 STAT. 3395]]

            in the national launch infrastructure to support national
            security and civil government capabilities, and should be
            recognized as a critical infrastructure in Federal strategy and
            planning;
                (3) continued State and local government investments at
            launch and reentry facilities should be encouraged and to the
            maximum extent practicable supported in Federal policies,
            planning and infrastructure investment considerations, including
            through Federal, State, and local partnerships;
                (4) Federal investments in space infrastructure should
            enable partnerships between Federal agencies and state and local
            spaceports to modernize and enable expanded 21st century space
            transportation infrastructure, especially multi-modal networks
            needed for robust space transportation that support national
            security, civil, and commercial launch customers; and
                (5) States and local governments that have made investments
            to build, maintain, operate, and improve capabilities for
            national security, civil, and commercial customers should be
            commended for their infrastructure contributions to launch and
            reentry sites, and encouraged through a variety of programs and
            policies to continue these investments in the national interest.

        (b) Establishment of Office of Spaceports.--
                (1) Establishment of office of spaceports.--Title 51, United
            States Code, is amended by adding at the end of subtitle V the
            following:

    ``CHAPTER <<NOTE: 51 USC 51501 prec.>>  515--OFFICE OF SPACEPORTS
    ``Sec. 51501. <<NOTE: 51 USC 51501.>>  Establishment of Office of
                        Spaceports

        ``(a) Establishment of Office.--Not later than 90 days after the
    date of enactment of this section, the Secretary of Transportation shall
    identify, within the Office of Commercial Space Transportation, a
    centralized policy office to be known as the Office of Spaceports.
        ``(b) Functions.--The Office of Spaceports shall--
                ``(1) support licensing activities for operation of launch
            and reentry sites;
                ``(2) develop policies that promote infrastructure
            improvements at spaceports;
                ``(3) provide technical assistance and guidance to
            spaceports;
                ``(4) promote United States spaceports within the
            Department; and
                ``(5) strengthen the Nation's competitiveness in commercial
            space transportation infrastructure and increase resilience for
            the Federal Government and commercial customers.

        ``(c) Recognition.--In carrying out the functions assigned in
    subsection (b), the Secretary shall recognize the unique needs and
    distinctions of spaceports that host--
                ``(1) launches to or reentries from orbit; and
                ``(2) are involved in suborbital launch activities.

        ``(d) Director.--The head of the Office of the Associate
    Administrator for Commercial Space Transportation shall designate a
    Director of the Office of Spaceports.
        ``(e) Definition.--In this section the term `spaceport' means a
    launch or reentry site that is operated by an entity licensed by the
    Secretary of Transportation.''.

    [[Page 132 STAT. 3396]]

                (2) Technical and conforming amendment.--The table of
            chapters of title 51, United States Code, <<NOTE: 51 USC 10101
            prec.>>  is amended by adding at the end of subtitle V the
            following:

    ``515. Office of Spaceports.....................................51501''.

        (c) Report on National Spaceports Policy.--
                (1) Sense of congress.--It is the sense of Congress that--
                        (A) A robust network of space transportation
                    infrastructure, including spaceports, is vital to the
                    growth of the domestic space industry and America's
                    competitiveness and access to space.
                        (B) Non-Federal spaceports have significantly
                    increased the space transportation infrastructure of the
                    United States through significant investments by State
                    and local governments, which have encouraged greater
                    private investment.
                        (C) These spaceports have led to the development of
                    a growing number of orbital and suborbital launch and
                    reentry sites that are available to the national
                    security, civil, and commercial space customers at
                    minimal cost to the Federal Government.
                        (D) The Federal Government, led by the Secretary of
                    Transportation, should seek to promote the growth,
                    resilience, and capabilities of this space
                    transportation infrastructure through policies and
                    through partnerships with State and local governments.
                (2) Report.--Not later than 1 year after the date of
            enactment of this Act, the Secretary of Transportation shall
            submit to Congress a report that--
                        (A) evaluates the Federal Government's national
                    security and civil space transportation demands and the
                    needs of the United States and international commercial
                    markets;
                        (B) proposes policies and programs designed to
                    ensure a robust and resilient orbital and suborbital
                    spaceport infrastructure to serve and capitalize on
                    these space transportation opportunities;
                        (C) reviews the development and investments made by
                    international competitors in foreign spaceports, to the
                    extent practicable;
                        (D) makes recommendations on how the Federal
                    Government can support, encourage, promote, and
                    facilitate greater investments in infrastructure at
                    spaceports; and
                        (E) considers and makes recommendations about how
                    spaceports can fully support and enable the national
                    space policy.
                (3) Updates to the report.--Not later than 3 years after the
            date of enactment of this Act and every 2 years until December
            2024, the Secretary shall--
                        (A) update the previous report prepared under this
                    subsection; and
                        (B) submit the updated report to Congress.
                (4) Consultations required.--In preparing the reports
            required by this subsection, the Secretary shall consult with
            individuals including--
                        (A) the Secretary of Defense;
                        (B) the Secretary of Commerce;

    [[Page 132 STAT. 3397]]

                        (C) the Administrator of the National Aeronautics
                    and Space Administration; and
                        (D) interested persons at spaceports, State and
                    local governments, and industry.

        (d) Report on Space Transportation Infrastructure Matching Grants.--
                (1) GAO study and report.--The Comptroller General of the
            United States shall conduct a study regarding spaceport
            activities carried out pursuant to chapters 509 and 511 of title
            51, United States Code, including--
                        (A) an assessment of potential mechanisms to provide
                    Federal support to spaceports, including the airport
                    improvement program established under subchapter I of
                    chapter 471 of title 49, United States Code, and the
                    program established under chapter 511 of title 51,
                    United States Code;
                        (B) recommendations for potential funding options;
                    and
                        (C) any necessary changes to improve the spaceport
                    application review process.
                (2) Consultation.--In carrying out the study described in
            paragraph (1), the Comptroller General shall consult with
            sources from each component of the commercial space
            transportation sector, including interested persons in industry
            and government officials at the Federal, State, and local
            levels.
                (3) User-funded spaceports.--In reviewing funding options,
            the Comptroller General shall distinguish between spaceports
            that are funded by users and those that are not.
                (4) Report.--Not later than 1 year after the date of
            enactment of this Act, the Comptroller General shall submit to
            Congress a report containing results of the study conducted
            under paragraph (1).

        (e) Definition.--In this section, the term ``spaceport'' means a
    launch or reentry site that is operated by an entity licensed by the
    Secretary of Transportation.
    SEC. 581. SPECIAL RULE FOR CERTAIN AIRCRAFT OPERATIONS (SPACE
                            SUPPORT VEHICLES).

        (a) Space Support Vehicle Definitions.--Section 50902 of title 51,
    United States Code, is amended--
                (1) by redesignating paragraphs (21) through (25) as
            paragraphs (23) through (27), respectively; and
                (2) by inserting after paragraph (20) the following:
                ``(21) `space support vehicle flight' means a flight in the
            air that--
                        ``(A) is not a launch or reentry; but
                        ``(B) is conducted by a space support vehicle.
                ``(22) `space support vehicle' means a vehicle that is--
                        ``(A) a launch vehicle;
                        ``(B) a reentry vehicle; or
                        ``(C) a component of a launch or reentry vehicle.''.

        (b) Special Rule for Certain Aircraft Operations.--
                (1) In general.--Chapter 447, of title 49, United States
            Code, as amended by this Act, is further amended by adding at
            the end the following:

    [[Page 132 STAT. 3398]]

    ``Sec. 44737. <<NOTE: 49 USC 44737.>>  Special rule for certain
                        aircraft operations.

        ``(a) In General.--The operator of an aircraft with a special
    airworthiness certification in the experimental category may--
                ``(1) operate the aircraft for the purpose of conducting a
            space support vehicle flight (as that term is defined in chapter
            50902 of title 51); and
                ``(2) conduct such flight under such certificate carrying
            persons or property for compensation or hire--
                        ``(A) notwithstanding any rule or term of a
                    certificate issued by the Administrator of the Federal
                    Aviation Administration that would prohibit flight for
                    compensation or hire; or
                        ``(B) without obtaining a certificate issued by the
                    Administrator to conduct air carrier or commercial
                    operations.

        ``(b) Limited Applicability.--Subsection (a) shall apply only to a
    space support vehicle flight that satisfies each of the following:
                ``(1) (1) The aircraft conducting the space support vehicle
            flight--
                        ``(A) takes flight and lands at a single site that
                    is operated by an entity licensed for operation under
                    chapter 509 of title 51;
                        ``(B) is owned or operated by a launch or reentry
                    vehicle operator licensed under chapter 509 of title 51,
                    or on behalf of a launch or reentry vehicle operator
                    licensed under chapter 509 of title 51;
                        ``(C) is a launch vehicle, a reentry vehicle, or a
                    component of a launch or reentry vehicle licensed for
                    operations pursuant to chapter 509 of title 51; and
                        ``(D) is used only to simulate space flight
                    conditions in support of--
                              ``(i) training for potential space flight
                          participants, government astronauts, or crew (as
                          those terms are defined in chapter 509 of title
                          51);
                              ``(ii) the testing of hardware to be used in
                          space flight; or
                              ``(iii) research and development tasks, which
                          require the unique capabilities of the aircraft
                          conducting the flight.

        ``(c) Rules of Construction.--
                ``(1) Space support vehicles.--Section 44711(a)(1) shall not
            apply to a person conducting a space support vehicle flight
            under this section only to the extent that a term of the
            experimental certificate under which the person is operating the
            space support vehicle prohibits the carriage of persons or
            property for compensation or hire.
                ``(2) Authority of administrator.--Nothing in this section
            shall be construed to limit the authority of the Administrator
            of the Federal Aviation Administration to exempt a person from a
            regulatory prohibition on the carriage of persons or property
            for compensation or hire subject to terms and conditions other
            than those described in this section''.
                (2) Technical amendment.--The table of contents of 447 of
            title 49, United States Code, <<NOTE: 49 USC 44701 prec.>>  as
            amended by this Act, is further amended by adding at the end the
            following:

    ``Sec. 44737. Special rule for certain aircraft operations.''.

    [[Page 132 STAT. 3399]]

                (3) <<NOTE: 49 USC 44737 note.>>  Rule of construction
            relating to role of nasa.--Nothing in this subsection shall be
            construed as limiting the ability of National Aeronautics and
            Space Administration (NASA) to place conditions on or otherwise
            qualify the operations of NASA contractors providing NASA
            services.
    SEC. 582. <<NOTE: 49 USC 44703 note.>>  PORTABILITY OF REPAIRMAN
                            CERTIFICATES.

        (a) In General.--The Administrator shall assign to the Aviation
    Rulemaking Advisory Committee the task of making recommendations with
    respect to the regulatory and policy changes, as appropriate, to allow a
    repairman certificate issued under section 65.101 of title 14, Code of
    Federal Regulations, to be portable from one employing certificate
    holder to another.
        (b) Action Based on Recommendations.--Not later than 1 year after
    receiving recommendations under subsection (a), the Administrator may
    take such action as the Administrator considers appropriate with respect
    to those recommendations.
    SEC. 583. <<NOTE: 49 USC 44701 note.>>  UNDECLARED HAZARDOUS
                            MATERIALS PUBLIC AWARENESS CAMPAIGN.

        (a) In General.--The Secretary of Transportation shall carry out a
    public awareness campaign to reduce the amount of undeclared hazardous
    materials traveling through air commerce.
        (b) Campaign Requirements.--The public awareness campaign required
    under subsection (a) shall do the following:
                (1) Focus on targeting segments of the hazardous materials
            industry with high rates of undeclared shipments through air
            commerce and educate air carriers, shippers, manufacturers, and
            other relevant stakeholders of such segments on properly
            packaging and classifying such shipments.
                (2) Educate the public on proper ways to declare and ship
            hazardous materials, examples of everyday items that are
            considered hazardous materials, and penalties associated with
            intentional shipments of undeclared hazardous materials.

        (c) Interagency Working Group.--
                (1) Establishment.--Not later than 30 days after the date of
            enactment of this Act, the Secretary of Transportation shall
            establish an interagency working group to promote collaboration
            and engagement between the Department of Transportation and
            other relevant agencies, and develop recommendations and
            guidance on how best to conduct the public awareness campaign
            required under subsection (a).
                (2) Duties.--The interagency working group shall consult
            with relevant stakeholders, including cargo air carriers,
            passenger air carriers, and labor organizations representing
            pilots for cargo and passenger air carriers operating under part
            121 of title 14, Code of Federal Regulations.

        (d) Update.--Not later than 1 year after the date of enactment of
    this Act, the Secretary of Transportation shall provide to the
    appropriate committees of Congress an update on the status of the public
    awareness campaign required under subsection (a).
    SEC. 584. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY FOR
                            THE PUBLIC BENEFIT.

        Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503)
    is amended--
                (1) by redesignating subsections (b) through (f) as
            subsections (c) through (g), respectively;

    [[Page 132 STAT. 3400]]

                (2) in subsection (a), by striking ``subsections (b) and
            (d)'' and inserting ``subsections (b), (c), and (e)''; and
                (3) by inserting after subsection (a) the following:

        ``(b) Liability Protection for Pilots That Fly for Public Benefit.--
    Except as provided in subsections (c) and (e), no volunteer of a
    volunteer pilot nonprofit organization that arranges flights for public
    benefit shall be liable for harm caused by an act or omission of the
    volunteer on behalf of the organization if, at the time of the act or
    omission, the volunteer--
                ``(1) was operating an aircraft in furtherance of the
            purpose of, and acting within the scope of the volunteer's
            responsibilities on behalf of, the nonprofit organization to
            provide patient and medical transport (including medical
            transport for veterans), disaster relief, humanitarian
            assistance, or other similar charitable missions;
                ``(2) was properly licensed and insured for the operation of
            the aircraft;
                ``(3) was in compliance with all requirements of the Federal
            Aviation Administration for recent flight experience; and
                ``(4) did not cause the harm through willful or criminal
            misconduct, gross negligence, reckless misconduct, or a
            conscious, flagrant indifference to the rights or safety of the
            individual harmed by the volunteer.''; and
                (4) in subsection (g)(2), as redesignated, by striking
            ``(e)'' and inserting ``(f)''.

                          TITLE VI--AVIATION WORKFORCE

                          Subtitle A--Youth in Aviation

    SEC. 601. STUDENT OUTREACH REPORT.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator of the Federal Aviation Administration shall submit to the
    appropriate committees of Congress a report that describes the
    Administration's existing outreach efforts, such as the STEM Aviation
    and Space Education Outreach Program, to elementary and secondary
    students who are interested in careers in science, technology,
    engineering, art, and mathematics--
                (1) to prepare and inspire such students for aviation and
            aeronautical careers; and
                (2) to mitigate an anticipated shortage of pilots and other
            aviation professionals.
    SEC. 602. YOUTH ACCESS TO AMERICAN JOBS IN AVIATION TASK FORCE.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Administrator of the Federal Aviation Administration
    shall establish a Youth Access to American Jobs in Aviation Task Force
    (in this section referred to as the ``Task Force'').
        (b) Duties.--Not later than 12 months after its establishment under
    subsection (a), the Task Force shall develop and submit to the
    Administrator recommendations and strategies for the Administration to--
                (1) facilitate and encourage high school students in the
            United States, beginning in their junior year, to enroll in and

    [[Page 132 STAT. 3401]]

            complete career and technical education courses, including STEM,
            that would prepare them to enroll in a course of study related
            to an aviation career at an institution of higher education,
            including a community college or trade school;
                (2) facilitate and encourage the students described in
            paragraph (1) to enroll in a course of study related to an
            aviation career, including aviation manufacturing, engineering
            and maintenance, at an institution of higher education,
            including a community college or trade school; and
                (3) identify and develop pathways for students who complete
            a course of study described in paragraph (2) to secure
            registered apprenticeships, workforce development programs, or
            careers in the aviation industry of the United States.

        (c) Considerations.--When developing recommendations and strategies
    under subsection (b), the Task Force shall--
                (1) identify industry trends that encourage or discourage
            youth in the United States from pursuing careers in aviation;
                (2) consider how the Administration; air carriers; aircraft,
            powerplant, and avionics manufacturers; aircraft repair
            stations; and other aviation stakeholders can coordinate efforts
            to support youth in pursuing careers in aviation;
                (3) identify methods of enhancing aviation apprenticeships,
            job skills training, mentorship, education, and outreach
            programs that are exclusive to youth in the United States; and
                (4) identify potential sources of government and private
            sector funding, including grants and scholarships, that may be
            used to carry out the recommendations and strategies described
            in subsection (b) and to support youth in pursuing careers in
            aviation.

        (d) Report.--Not later than 30 days after submission of the
    recommendations and strategies under subsection (b), the Task Force
    shall submit to the appropriate committees of Congress a report
    outlining such recommendations and strategies.
        (e) Composition of Task Force.--The Administrator shall appoint
    members of the Task Force, including representatives from the following:
                (1) Air carriers.
                (2) Aircraft, powerplant, and avionics manufacturers.
                (3) Aircraft repair stations.
                (4) Local educational agencies or high schools.
                (5) Institutions of higher education, including community
            colleges and aviation trade schools.
                (6) Such other aviation and educational stakeholders and
            experts as the Administrator considers appropriate.

        (f) Period of Appointment.--Members shall be appointed to the Task
    Force for the duration of the existence of the Task Force.
        (g) Compensation.--Task Force members shall serve without
    compensation.
        (h) Sunset.--The Task Force shall terminate upon the submittal of
    the report pursuant to subsection (d).
        (i) Definition of STEM.--The term ``STEM'' means--
                (1) science, technology, engineering, and mathematics; and
                (2) other career and technical education subjects that build
            on the subjects described in paragraph (1).

    [[Page 132 STAT. 3402]]

                          Subtitle B--Women in Aviation

    SEC. 611. SENSE OF CONGRESS REGARDING WOMEN IN AVIATION.

        It is the sense of Congress that the aviation industry should
    explore all opportunities, including pilot training, science,
    technology, engineering, and mathematics education, and mentorship
    programs, to encourage and support female students and aviators to
    pursue a career in aviation.
    SEC. 612. SUPPORTING WOMEN'S INVOLVEMENT IN THE AVIATION FIELD.

        (a) Advisory Board.--To encourage women and girls to enter the field
    of aviation, the Administrator of the Federal Aviation Administration
    shall create and facilitate the Women in Aviation Advisory Board
    (referred to in this section as the ``Board''), with the objective of
    promoting organizations and programs that are providing education,
    training, mentorship, outreach, and recruitment of women into the
    aviation industry.
        (b) Composition.--The Board shall consist of members whose diverse
    background and expertise allow them to contribute balanced points of
    view and ideas regarding the strategies and objectives set forth in
    subsection (f).
        (c) Selection.--Not later than 9 months after the date of enactment
    of this Act, the Administrator shall appoint members of the Board,
    including representatives from the following:
                (1) Major airlines and aerospace companies.
                (2) Nonprofit organizations within the aviation industry.
                (3) Aviation business associations.
                (4) Engineering business associations.
                (5) United States Air Force Auxiliary, Civil Air Patrol.
                (6) Institutions of higher education and aviation trade
            schools.

        (d) Period of Appointment.--Members shall be appointed to the Board
    for the duration of the existence of the Board.
        (e) Compensation.--Board members shall serve without compensation.
        (f) Duties.--Not later than 18 months after the date of enactment of
    this Act, the Board shall present a comprehensive plan for strategies
    the Administration can take, which include the following objectives:
                (1) Identifying industry trends that directly or indirectly
            encourage or discourage women from pursuing careers in aviation.
                (2) Coordinating the efforts of airline companies, nonprofit
            organizations, and aviation and engineering associations to
            facilitate support for women pursuing careers in aviation.
                (3) Creating opportunities to expand existing scholarship
            opportunities for women in the aviation industry.
                (4) Enhancing aviation training, mentorship, education, and
            outreach programs that are exclusive to women.

        (g) Reports.--
                (1) In general.--Not later than 2 years after the date of
            enactment of this Act, the Board shall submit a report outlining
            the comprehensive plan for strategies pursuant to subsection (f)
            to the Administrator and the appropriate committees of Congress.

    [[Page 132 STAT. 3403]]

                (2) Availability online.--The Administrator shall make the
            report publicly available online and in print.

        (h) Sunset.--The Board shall terminate upon the submittal of the
    report pursuant to subsection (g).

                    Subtitle C--Future of Aviation Workforce

    SEC. 621. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE.

        (a) Findings.--Congress finds that--
                (1) in 2016, United States air carriers carried a record
            high number of passengers on domestic flights, 719 million
            passengers;
                (2) the United States aerospace and defense industry
            employed 1.7 million workers in 2015, or roughly 2 percent of
            the Nation's total employment base;
                (3) the average salary of an employee in the aerospace and
            defense industry is 44 percent above the national average;
                (4) in 2015, the aerospace and defense industry contributed
            nearly $202.4 billion in value added to the United States
            economy;
                (5) an effective aviation industry relies on individuals
            with unique skill sets, many of which can be directly obtained
            through career and technical education opportunities; and
                (6) industry and the Federal Government have taken some
            actions to attract qualified individuals to careers in aviation
            and aerospace and to retain qualified individuals in such
            careers.

        (b) Sense of Congress.--It is the sense of Congress that--
                (1) public and private education institutions should make
            available to students and parents information on approved
            programs of study and career pathways, including career
            exploration, work-based learning opportunities, dual and
            concurrent enrollment opportunities, and guidance and advisement
            resources;
                (2) public and private education institutions should partner
            with aviation and aerospace companies to promote career paths
            available within the industry and share information on the
            unique benefits and opportunities the career paths offer;
                (3) aviation companies, including air carriers,
            manufacturers, commercial space companies, unmanned aircraft
            system companies, and repair stations, should create
            opportunities, through apprenticeships or other mechanisms, to
            attract young people to aviation and aerospace careers and to
            enable individuals to gain the critical skills needed to thrive
            in such professions; and
                (4) the Federal Government should consider the needs of men
            and women interested in pursuing careers in the aviation and
            aerospace industry, the long-term personnel needs of the
            aviation and aerospace industry, and the role of aviation in the
            United States economy in the creation and administration of
            educational and financial aid programs.

    [[Page 132 STAT. 3404]]

    SEC. 622. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE STUDY.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Comptroller General of the United States shall initiate
    a study--
                (1) to evaluate the current and future supply of individuals
            in the aviation and aerospace workforce;
                (2) to identify the factors influencing the supply of
            individuals pursuing a career in the aviation or aerospace
            industry, including barriers to entry into the workforce; and
                (3) to identify methods to increase the future supply of
            individuals in the aviation and aerospace workforce, including
            best practices or programs to incentivize, recruit, and retain
            young people in aviation and aerospace professions.

        (b) Consultation.--The Comptroller General shall conduct the study
    in consultation with--
                (1) appropriate Federal agencies; and
                (2) the aviation and aerospace industry, institutions of
            higher education, and labor stakeholders.

        (c) Report to Congress.--Not later than 1 year after the date of
    enactment of this Act, the Comptroller General shall submit to the
    appropriate committees of Congress a report on the results of the study
    and related recommendations.
    SEC. 623. SENSE OF CONGRESS ON HIRING VETERANS.

        It is the sense of Congress that the aviation industry, including
    certificate holders under parts 121, 135, and 145 of title 14, Code of
    Federal Regulations, should hire more of the Nation's veterans.
    SEC. 624. <<NOTE: 49 USC 44515 note.>>  AVIATION MAINTENANCE
                            INDUSTRY TECHNICAL WORKFORCE.

        (a) Regulations.--Not later than 180 days after the date of
    enactment of this Act, the Administrator of the Federal Aviation
    Administration shall issue a final rule to modernize training programs
    at aviation maintenance technician schools governed by part 147 of title
    14, Code of Federal Regulations.
        (b) Guidance.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall coordinate with government,
    educational institutions, labor organizations representing aviation
    maintenance workers, and businesses to develop and publish guidance or
    model curricula for aviation maintenance technician schools referred to
    in subsection (a) to ensure workforce readiness for industry needs,
    including curricula related to training in avionics, troubleshooting,
    and other areas of industry needs.
        (c) Review and Periodic Updates.--The Administrator shall--
                (1) ensure training programs referred to in subsection (a)
            are revised and updated in correlation with aviation maintenance
            technician airman certification standards as necessary to
            reflect current technology and maintenance practices; and
                (2) publish updates to the guidance or model curricula
            required under subsection (b) at least once every 2 years, as
            necessary, from the date of initial publication.

        (d) Report to Congress.--If the Administrator does not issue such
    final rule by the deadline specified in subsection (a), the
    Administrator shall, not later than 30 days after such deadline, submit
    to the appropriate committees of Congress a report containing--

    [[Page 132 STAT. 3405]]

                (1) an explanation as to why such final rule was not issued
            by such deadline; and
                (2) a schedule for issuing such final rule.

        (e) Study.--The Comptroller General of the United States shall
    conduct a study on technical workers in the aviation maintenance
    industry.
        (f) Contents.--In conducting the study under subsection (e), the
    Comptroller General shall--
                (1) analyze the current Standard Occupational Classification
            system with regard to the aviation profession, particularly
            technical workers in the aviation maintenance industry;
                (2) analyze how changes to the Federal employment
            classification of aviation maintenance industry workers might
            affect government data on unemployment rates and wages;
                (3) analyze how changes to the Federal employment
            classification of aviation maintenance industry workers might
            affect projections for future aviation maintenance industry
            workforce needs and project technical worker shortfalls;
                (4) analyze the impact of Federal regulation, including
            Federal Aviation Administration oversight of certification,
            testing, and education programs, on employment of technical
            workers in the aviation maintenance industry;
                (5) develop recommendations on how Federal Aviation
            Administration regulations and policies could be improved to
            modernize training programs at aviation maintenance technical
            schools and address aviation maintenance industry needs for
            technical workers;
                (6) develop recommendations for better coordinating actions
            by government, educational institutions, and businesses to
            support workforce growth in the aviation maintenance industry;
            and
                (7) develop recommendations for addressing the needs for
            government funding, private investment, equipment for training
            purposes, and other resources necessary to strengthen existing
            training programs or develop new training programs to support
            workforce growth in the aviation industry.

        (g) Report.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the results of the study.
        (h) Definitions.--In this section, the following definitions apply:
                (1) Aviation maintenance industry.--The term ``aviation
            maintenance industry'' means repair stations certificated under
            part 145 of title 14, Code of Federal Regulations.
                (2) Technical worker.--The term ``technical worker'' means
            an individual authorized under part 43 of title 14, Code of
            Federal Regulations, to maintain, rebuild, alter, or perform
            preventive maintenance on an aircraft, airframe, aircraft
            engine, propeller, appliance, or component part or employed by
            an entity so authorized to perform such a function.
    SEC. 625. <<NOTE: 49 USC 40101 note.>>  AVIATION WORKFORCE
                            DEVELOPMENT PROGRAMS.

        (a) In General.--The Secretary of Transportation shall establish--
                (1) a program to provide grants for eligible projects to
            support the education of future aircraft pilots and the
            development of the aircraft pilot workforce; and

    [[Page 132 STAT. 3406]]

                (2) a program to provide grants for eligible projects to
            support the education and recruitment of aviation maintenance
            technical workers and the development of the aviation
            maintenance workforce.

        (b) Project Grants.--
                (1) In general.--Out of amounts made available under section
            48105 of title 49, United States Code, not more than $5,000,000
            for each of fiscal years 2019 through 2023 is authorized to be
            expended to provide grants under the program established under
            subsection (a)(1), and $5,000,000 for each of fiscal years 2019
            through 2023 is authorized to provide grants under the program
            established under subsection (a)(2).
                (2) Dollar amount limit.--Not more than $500,000 shall be
            available for any 1 grant in any 1 fiscal year under the
            programs established under subsection (a).

        (c) Eligible Applications.--
                (1) An application for a grant under the program established
            under subsection (a)(1) shall be submitted, in such form as the
            Secretary may specify, by--
                        (A) an air carrier, as defined in section 40102 of
                    title 49, United States Code, or a labor organization
                    representing aircraft pilots;
                        (B) an accredited institution of higher education
                    (as defined in section 101 of the Higher Education Act
                    of 1965 (20 U.S.C. 1001)) or a high school or secondary
                    school (as defined in section 7801 of the Higher
                    Education Act of 1965 (20 U.S.C. 7801));
                        (C) a flight school that provides flight training,
                    as defined in part 61 of title 14, Code of Federal
                    Regulations, or that holds a pilot school certificate
                    under part 141 of title 14, Code of Federal Regulations;
                    or
                        (D) a State or local governmental entity.
                (2) An application for a grant under the pilot program
            established under subsection (a)(2) shall be submitted, in such
            form as the Secretary may specify, by--
                        (A) a holder of a certificate issued under part 21,
                    121, 135, or 145 of title 14, Code of Federal
                    Regulations or a labor organization representing
                    aviation maintenance workers;
                        (B) an accredited institution of higher education
                    (as defined in section 101 of the Higher Education Act
                    of 1965 (20 U.S.C. 1001)) or a high school or secondary
                    school (as defined in section 7801 of the Elementary and
                    Secondary Education Act of 1965 (20 U.S.C. 7801); and
                        (C) a State or local governmental entity.

        (d) Eligible Projects.--
                (1) For purposes of the program established under subsection
            (a)(1), an eligible project is a project--
                        (A) to create and deliver curriculum designed to
                    provide high school students with meaningful aviation
                    education that is designed to prepare the students to
                    become aircraft pilots, aerospace engineers, or unmanned
                    aircraft systems operators; or
                        (B) to support the professional development of
                    teachers using the curriculum described in subparagraph
                    (A).
                (2) For purposes of the pilot program established under
            subsection (a)(2), an eligible project is a project--

    [[Page 132 STAT. 3407]]

                        (A) to establish new educational programs that teach
                    technical skills used in aviation maintenance, including
                    purchasing equipment, or to improve existing such
                    programs;
                        (B) to establish scholarships or apprenticeships for
                    individuals pursuing employment in the aviation
                    maintenance industry;
                        (C) to support outreach about careers in the
                    aviation maintenance industry to--
                              (i) primary, secondary, and post-secondary
                          school students; or
                              (ii) to communities underrepresented in the
                          industry;
                        (D) to support educational opportunities related to
                    aviation maintenance in economically disadvantaged
                    geographic areas;
                        (E) to support transition to careers in aviation
                    maintenance, including for members of the Armed Forces;
                    or
                        (F) to otherwise enhance aviation maintenance
                    technical education or the aviation maintenance industry
                    workforce.

        (e) Grant Application Review.--In reviewing and selecting
    applications for grants under the programs established under subsection
    (a), the Secretary shall--
                (1) prior to selecting among competing applications,
            consult, as appropriate, with representatives of aircraft repair
            stations, design and production approval holders, air carriers,
            labor organizations, business aviation, general aviation,
            educational institutions, and other relevant aviation sectors;
            and
                (2) ensure that the applications selected for projects
            established under subsection (a)(1) will allow participation
            from a diverse collection of public and private schools in
            rural, suburban, and urban areas.

                 Subtitle D--Unmanned Aircraft Systems Workforce

    SEC. 631. <<NOTE: 49 USC 40101 note.>>  COMMUNITY AND TECHNICAL
                            COLLEGE CENTERS OF EXCELLENCE IN SMALL
                            UNMANNED AIRCRAFT SYSTEM TECHNOLOGY
                            TRAINING.

        (a) Designation.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Transportation, in consultation
    with the Secretary of Education and the Secretary of Labor, shall
    establish a process to designate consortia of public, 2-year
    institutions of higher education as Community and Technical College
    Centers of Excellence in Small Unmanned Aircraft System Technology
    Training (in this section referred to as the ``Centers of Excellence'').
        (b) Functions.--A Center of Excellence designated under subsection
    (a) shall have the capacity to train students for career opportunities
    in industry and government service related to the use of small unmanned
    aircraft systems.
        (c) Education and Training Requirements.--In order to be designated
    as a Center of Excellence under subsection (a), a consortium shall be
    able to address education and training requirements

    [[Page 132 STAT. 3408]]

    associated with various types of small unmanned aircraft systems,
    components, and related equipment, including with respect to--
                (1) multirotor and fixed-wing small unmanned aircraft;
                (2) flight systems, radio controllers, components, and
            characteristics of such aircraft;
                (3) routine maintenance, uses and applications, privacy
            concerns, safety, and insurance for such aircraft;
                (4) hands-on flight practice using small unmanned aircraft
            systems and computer simulator training;
                (5) use of small unmanned aircraft systems in various
            industry applications and local, State, and Federal government
            programs and services, including in agriculture, law
            enforcement, monitoring oil and gas pipelines, natural disaster
            response and recovery, fire and emergency services, and other
            emerging areas;
                (6) Federal policies concerning small unmanned aircraft;
                (7) dual credit programs to deliver small unmanned aircraft
            training opportunities to secondary school students; or
                (8) training with respect to sensors and the processing,
            analyzing, and visualizing of data collected by small unmanned
            aircraft.

        (d) Collaboration.--Each Center of Excellence shall seek to
    collaborate with institutions participating in the Alliance for System
    Safety of UAS through Research Excellence of the Federal Aviation
    Administration and with the test ranges defined under section 44801 of
    title 49, United States Code, as added by this Act.
        (e) Institution of Higher Education.--In this section, the term
    ``institution of higher education'' has the meaning given the term in
    section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
    SEC. 632. <<NOTE: 49 USC 40101 note.>>  COLLEGIATE TRAINING
                            INITIATIVE PROGRAM FOR UNMANNED AIRCRAFT
                            SYSTEMS.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator of the Federal Aviation Administration
    shall establish a collegiate training initiative program relating to
    unmanned aircraft systems by making new agreements or continuing
    existing agreements with institutions of higher education (as defined in
    section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under
    which the institutions prepare students for careers involving unmanned
    aircraft systems. The Administrator may establish standards for the
    entry of such institutions into the program and for their continued
    participation in the program.
        (b) Unmanned Aircraft System Defined.--In this section, the term
    ``unmanned aircraft system'' has the meaning given that term by section
    44801 of title 49, United States Code, as added by this Act.

    [[Page 132 STAT. 3409]]

     TITLE <<NOTE: FAA Leadership in Groundbreaking High-Tech Research and
    Development Act.>>  VII--FLIGHT R&D ACT

                         Subtitle A--General Provisions

    SEC. 701. <<NOTE: 49 USC 40101 note.>>  SHORT TITLE.

        This title may be cited as the ``FAA Leadership in Groundbreaking
    High-Tech Research and Development Act'' or the ``FLIGHT R&D Act''.
    SEC. 702. <<NOTE: 49 USC 40101 note.>>  DEFINITIONS.

        In this title, the following definitions apply:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the Federal Aviation Administration.
                (2) FAA.--The term ``FAA'' means the Federal Aviation
            Administration.
                (3) NASA.--The term ``NASA'' means the National Aeronautics
            and Space Administration.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Transportation.
    SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorizations.--Section 48102(a) of title 49, United States
    Code, is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``and, for each of fiscal years 2012 through 2015, under
            subsection (g)'';
                (2) in paragraph (9), by striking ``and'' at the end; and
                (3) by striking paragraph (10) and inserting the following:
                ``(10) $189,000,000 for fiscal year 2018;
                ``(11) $194,000,000 for fiscal year 2019;
                ``(12) $199,000,000 for fiscal year 2020;
                ``(13) $204,000,000 for fiscal year 2021;
                ``(14) $209,000,000 for fiscal year 2022; and
                ``(15) $214,000,000 for fiscal year 2023.''.

        (b) Research Priorities.--Section 48102(b) of title 49, United
    States Code, is amended--
                (1) in paragraph (1), by striking ``consider'' and inserting
            ``prioritize safety in considering'';
                (2) by striking paragraph (3);
                (3) by redesignating paragraph (2) as paragraph (3); and
                (4) by inserting after paragraph (1) the following:
                ``(2) As safety related activities shall be the highest
            research priority, at least 70 percent of the amount
            appropriated under subsection (a) of this section shall be for
            safety research and development projects.''.

        (c) Annual Submission of the National Aviation Research Plan.--
    Section 48102(g) of title 49, United States Code, is amended to read as
    follows:
        ``(g) Annual Submission of the National Aviation Research Plan.--The
    Administrator shall submit the national aviation research plan to
    Congress no later than the date of submission of the President's budget
    request to Congress for that fiscal year, as required under section
    44501(c).''.

    [[Page 132 STAT. 3410]]

              Subtitle B--FAA Research and Development Organization

    SEC. 711. <<NOTE: 49 USC 106 note.>>  ASSISTANT ADMINISTRATOR FOR
                            RESEARCH AND DEVELOPMENT.

        (a) Appointment.--Not later than 3 months after the date of
    enactment of this Act, the Administrator shall appoint an Assistant
    Administrator for Research and Development.
        (b) Responsibilities.--The Assistant Administrator for Research and
    Development shall, at a minimum, be responsible for--
                (1) management and oversight of all the FAA's research and
            development programs and activities; and
                (2) production of all congressional reports from the FAA
            relevant to research and development, including the national
            aviation research plan required under section 44501(c) of title
            49, United States Code.

        (c) Dual Appointment.--The Assistant Administrator for Research and
    Development may be a dual-appointment, holding the responsibilities of
    another Assistant Administrator.
    SEC. 712. RESEARCH ADVISORY COMMITTEE.

        (a) Advice and Recommendations.--Section 44508(a)(1)(A) of title 49,
    United States Code, is amended to read as follows:
                ``(A) provide advice and recommendations to the
            Administrator of the Federal Aviation Administration and
            Congress about needs, objectives, plans, approaches, content,
            and accomplishments of all aviation research and development
            activities and programs carried out, including those under
            sections 40119, 44504, 44505, 44507, 44511-44513, and 44912 of
            this title;''.

        (b) Written Reply to Research Advisory Committee.--Section 44508 of
    title 49, United States Code, is amended by adding at the end the
    following:
        ``(f) Written Reply.--
                ``(1) In general.--Not later than 60 days after receiving
            any recommendation from the research advisory committee, the
            Administrator shall provide a written reply to the research
            advisory committee that, at a minimum--
                        ``(A) clearly states whether the Administrator
                    accepts or rejects the recommendation;
                        ``(B) explains the rationale for the Administrator's
                    decision;
                        ``(C) sets forth the timeframe in which the
                    Administrator will implement the recommendation; and
                        ``(D) describes the steps the Administrator will
                    take to implement the recommendation.
                ``(2) Transparency.--The written reply to the research
            advisory committee, when transmitted to the research advisory
            committee, shall be--
                        ``(A) made publicly available on the research
                    advisory committee website; and
                        ``(B) transmitted to the Committee on Science,
                    Space, and Technology of the House of Representatives
                    and the Committee on Commerce, Science, and
                    Transportation of the Senate.

    [[Page 132 STAT. 3411]]

                ``(3) National aviation research plan.--The national
            aviation research plan required under section 44501(c) shall
            include a summary of all research advisory committee
            recommendations and a description of the status of their
            implementation.''.

                      Subtitle C--Unmanned Aircraft Systems

    SEC. 721. <<NOTE: 49 USC 44802 note.>>  UNMANNED AIRCRAFT SYSTEMS
                            RESEARCH AND DEVELOPMENT ROADMAP.

        The Secretary shall submit the unmanned aircraft systems roadmap to
    Congress on an annual basis as required under section 48802(a) of title
    49, United States Code, as added by this Act.

            Subtitle D--Cybersecurity and Responses to Other Threats

    SEC. 731. <<NOTE: 49 USC 40101 note.>>  CYBER TESTBED.

        Not later than 6 months after the date of enactment of this Act, the
    Administrator shall develop an integrated Cyber Testbed for research,
    development, evaluation, and validation of air traffic control
    modernization technologies, before they enter the national airspace
    system, as being compliant with FAA data security regulations. The Cyber
    Testbed shall be part of an integrated research and development test
    environment capable of creating, identifying, defending, and solving
    cybersecurity-related problems for the national airspace system. This
    integrated test environment shall incorporate integrated test capacities
    within the FAA related to the national airspace system and NextGen.
    SEC. 732. STUDY ON THE EFFECT OF EXTREME WEATHER ON AIR TRAVEL.

        (a) Study Required.--Not later than 1 year after the date of
    enactment of this Act, the Administrator of the National Oceanic and
    Atmospheric Administration and the Administrator of the Federal Aviation
    Administration shall jointly complete a study on the effect of extreme
    weather on commercial air travel.
        (b) Elements.--The study required by subsection (a) shall include
    assessment of the following:
                (1) Whether extreme weather may result in an increase in
            turbulence.
                (2) The effect of extreme weather on current commercial air
            routes.
                (3) The effect of extreme weather on domestic airports, air
            traffic control facilities, and associated facilities.

               Subtitle E--FAA Research and Development Activities

    SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW TECHNOLOGIES
                            INTO THE NATIONAL AIRSPACE SYSTEM.

        Not later than 1 year after the date of enactment of this Act, the
    Administrator, in consultation with NASA, shall transmit

    [[Page 132 STAT. 3412]]

    a comprehensive research plan for the certification of new technologies
    into the national airspace system to the Committee on Science, Space,
    and Technology of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate. This plan shall
    identify research necessary to support the certification and
    implementation of NextGen, including both ground and air elements, and
    explain the plan's relationship to other activities and procedures
    required for certification and implementation of new technologies into
    the national airspace system. This plan shall be informed by the
    recommendations of the National Research Council report titled
    ``Transformation in the Air--A Review of the FAA Research Plan'', issued
    on June 8, 2015. This plan shall include, at a minimum--
                (1) a description of the strategic and prescriptive value of
            the research plan;
                (2) an explanation of the expected outcomes from executing
            the plan;
                (3) an assessment of the FAA's plan to use research and
            development to improve cybersecurity over the next 5 years;
                (4) an assessment of the current software assurance
            practices, and the desired level or attributes to target in the
            software assurance program; and
                (5) best practices in research and development used by other
            organizations, such as NASA, NavCanada, and Eurocontrol.
    SEC. 742. TECHNOLOGY REVIEW.

        (a) Review.--
                (1) In general.--The Administrator of the Federal Aviation
            Administration, in coordination with the Administrator of the
            National Aeronautics and Space Administration, shall conduct a
            review of current and planned research on the use of advanced
            aircraft technologies, innovative materials, alternative fuels,
            additive manufacturing, and novel aircraft designs, to increase
            aircraft fuel efficiency.
                (2) Summaries.--The review conducted under paragraph (1)
            shall include summaries of projects and missions to examine--
                        (A) the effectiveness of such technologies,
                    materials, fuels, and aircraft designs to enhance fuel
                    efficiency and aerodynamic performance, and reduce drag,
                    weight, noise, and fuel consumption; and
                        (B) the potential for novel flight pattern planning
                    and communications systems to reduce aircraft taxiing
                    and airport circling.
                (3) Recommendations.--The review conducted under paragraph
            (1) shall identify potential opportunities for additional
            research and development, public or private, to increase
            aircraft fuel efficiency.

        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator of the Federal Aviation Administration shall
    submit to the appropriate committees of Congress a report containing the
    results of the review conducted under subsection (a).

    [[Page 132 STAT. 3413]]

    SEC. 743. CLEEN AIRCRAFT AND ENGINE TECHNOLOGY PARTNERSHIP.

        (a) Cooperative Agreement.--Subchapter I of chapter 475 of title 49,
    United States Code, is amended by adding at the end the following:
    ``Sec. 47511. <<NOTE: 49 USC 47511.>>  CLEEN engine and airframe
                        technology partnership

        ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall enter into a cost-sharing cooperative agreement,
    using a competitive process, with institutions, entities, or consortiums
    to carry out a program for the development, maturation, and testing of
    certifiable CLEEN aircraft, engine technologies, and jet fuels for civil
    subsonic airplanes.
        ``(b) CLEEN Engine and Airframe Technology Defined.--In this
    section, the term `CLEEN aircraft and engine technology' means
    continuous lower energy, emissions, and noise aircraft and engine
    technology.
        ``(c) Performance Objective.--The Administrator shall establish the
    performance objectives for the program in terms of the specific
    objectives to reduce fuel burn, emissions and noise.''.
        (b) Technical and Conforming Amendment.--The table of contents of
    subchapter I of chapter 475 <<NOTE: 49 USC 47501 prec.>>  is amended by
    inserting after the item relating to section 47510 the following:

    ``47511. CLEEN engine and airframe technology partnership.''.

    SEC. 744. <<NOTE: 49 USC 44505 note.>>  RESEARCH AND DEPLOYMENT OF
                            CERTAIN AIRFIELD PAVEMENT TECHNOLOGIES.

        Using amounts made available under section 48102(a) of title 49,
    United States Code, the Administrator of the Federal Aviation
    Administration may carry out a program for the research and development
    of aircraft pavement technologies under which the Administrator makes
    grants to, and enters into cooperative agreements with, institutions of
    higher education and nonprofit organizations that--
                (1) research concrete and asphalt airfield pavement
            technologies that extend the life of airfield pavements;
                (2) develop and conduct training;
                (3) provide for demonstration projects; and
                (4) promote the latest airfield pavement technologies to aid
            in the development of safer, more cost effective, and more
            durable airfield pavements.

    Subtitle <<NOTE: Geospatial Data Act of 2018.>>  F--Geospatial Data
    SEC. 751. SHORT TITLE; FINDINGS.

        (a) <<NOTE: 43 USC 2801 note.>>  Short Title.--This subtitle may be
    cited as the ``Geospatial Data Act of 2018''.

        (b) <<NOTE: 43 USC 2801 note.>>  Findings.--Congress finds that--
                (1) open and publicly available data is essential to the
            successful operation of the GeoPlatform;
                (2) the private sector in the United States, for the
            purposes of acquiring and producing quality geospatial data and
            geospatial data services, has been and continues to be
            invaluable in carrying out the varying missions of Federal
            departments and agencies, as well as contributing positively to
            the United States economy; and

    [[Page 132 STAT. 3414]]

                (3) over the last 2 decades, Congress has passed legislation
            that promotes greater access and use of Government information
            and data, which has--
                        (A) sparked new, innovative start-ups and services;
                        (B) spurred economic growth in many sectors, such as
                    in the geospatial services;
                        (C) advanced scientific research;
                        (D) promoted public access to Federally funded
                    services and data; and
                        (E) improved access to geospatial data for the
                    purposes of promoting public health, weather
                    forecasting, economic development, environmental
                    protection, flood zone research, and other purposes.
    SEC. 752. <<NOTE: 43 USC 2801.>>  DEFINITIONS.

        In this subtitle--
                (1) the term ``Advisory Committee'' means the National
            Geospatial Advisory Committee established under section 754(a);
                (2) the term ``Committee'' means the Federal Geographic Data
            Committee established under section 753(a);
                (3) the term ``covered agency''--
                        (A) means--
                              (i) an Executive department, as defined in
                          section 101 of title 5, United States Code, that
                          collects, produces, acquires, maintains,
                          distributes, uses, or preserves geospatial data on
                          paper or in electronic form to fulfill the mission
                          of the Executive department, either directly or
                          through a relationship with another organization,
                          including a State, local government, Indian tribe,
                          institution of higher education, business partner
                          or contractor of the Federal Government, and the
                          public;
                              (ii) the National Aeronautics and Space
                          Administration; or
                              (iii) the General Services Administration; and
                        (B) does not include the Department of Defense
                    (including 30 components and agencies performing
                    national missions) or any element of the intelligence
                    community;
                (4) the term ``GeoPlatform'' means the GeoPlatform described
            in section 758(a);
                (5) the term ``geospatial data''--
                        (A) means information that is tied to a location on
                    the Earth, including by identifying the geographic
                    location and characteristics of natural or constructed
                    features and boundaries on the Earth, and that is
                    generally represented in vector datasets by points,
                    lines, polygons, or other complex geographic features or
                    phenomena;
                        (B) may be derived from, among other things, remote
                    sensing, mapping, and surveying technologies;
                        (C) includes images and raster datasets, aerial
                    photographs, and other forms of geospatial data or
                    datasets in digitized or non-digitized form; and
                        (D) does not include--
                              (i) geospatial data and activities of an
                          Indian tribe not carried out, in whole or in part,
                          using Federal funds, as determined by the tribal
                          government;

    [[Page 132 STAT. 3415]]

                              (ii) classified national security-related
                          geospatial data and activities of the Department
                          of Defense, unless declassified;
                              (iii) classified national security-related
                          geospatial data and activities of the Department
                          of Energy, unless declassified;
                              (iv) geospatial data and activities under
                          chapter 22 of title 10, United States Code, or
                          section 110 of the National Security Act of 1947
                          (50 U.S.C. 3045);
                              (v) intelligence geospatial data and
                          activities, as determined by the Director of
                          National Intelligence; or
                              (vi) certain declassified national security-
                          related geospatial data and activities of the
                          intelligence community, as determined by the
                          Secretary of Defense, the Secretary of Energy, or
                          the Director of National Intelligence;
                (6) the term ``Indian tribe'' has the meaning given that
            term under section 4 of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 450b);
                (7) the term ``institution of higher education'' has the
            meaning given that term under section 102 of the Higher
            Education Act of 1965 (20 U.S.C. 1002);
                (8) the term ``intelligence community'' has the meaning
            given that term in section 3 of the National Security Act of
            1947 (50 U.S.C. 3003);
                (9) the term ``lead covered agency'' means a lead covered
            agency for a National Geospatial Data Asset data theme
            designated under section 756(b)(1);
                (10) the term ``local government'' means any city, county,
            township, town, borough, parish, village, or other general
            purpose political subdivision of a State;
                (11) the term ``metadata for geospatial data'' means
            information about geospatial data, including the content,
            source, vintage, accuracy, condition, projection, method of
            collection, and other characteristics or descriptions of the
            geospatial data;
                (12) the term ``National Geospatial Data Asset data theme''
            means the National Geospatial Data Asset core geospatial
            datasets (including electronic records and coordinates) relating
            to a topic or subject designated under section 756;
                (13) the term ``National Spatial Data Infrastructure'' means
            the technology, policies, criteria, standards, and employees
            necessary to promote geospatial data sharing throughout the
            Federal Government, State, tribal, and local governments, and
            the private sector (including nonprofit organizations and
            institutions of higher education); and
                (14) the term ``proven practices'' means methods and
            activities that advance the use of geospatial data for the
            benefit of society.
    SEC. 753. <<NOTE: 43 USC 2802.>>  FEDERAL GEOGRAPHIC DATA
                            COMMITTEE.

        (a) In General.--There is established within the Department of the
    Interior an interagency committee to be known as the Federal Geographic
    Data Committee, which shall act as the lead entity in the executive
    branch for the development, implementation, and

    [[Page 132 STAT. 3416]]

    review of policies, practices, and standards relating to geospatial
    data.
        (b) Membership.--
                (1) Chairperson and vice chairperson.--The Secretary of the
            Interior and the Director of the Office of Management and Budget
            shall serve as Chairperson of the Committee and Vice Chairperson
            of the Committee, respectively.
                (2) Other members.--
                        (A) In general.--The head of each covered agency and
                    the Director of the National Geospatial-Intelligence
                    Agency shall each designate a representative of their
                    respective agency to serve as a member of the Committee.
                        (B) Requirement for appointments.--An officer
                    appointed to serve as a member of the Committee shall
                    hold a position as an assistant secretary, or an
                    equivalent position, or a higher ranking position.
                (3) Guidance.--Not later than 1 year after the date of
            enactment of this Act, and as needed thereafter, the Director of
            the Office of Management and Budget shall update guidance with
            respect to membership of the Committee and the roles of members
            of the Committee.

        (c) Duties.--The Committee shall--
                (1) lead the development and management of and operational
            decision making for the National Spatial Data Infrastructure
            strategic plan and geospatial data policy in accordance with
            section 755;
                (2) designate National Geospatial Data Asset data themes and
            oversee the coordinated management of the National Geospatial
            Data Asset data themes in accordance with section 756;
                (3) establish and maintain geospatial data standards in
            accordance with section 757;
                (4) periodically review and determine the extent to which
            covered agencies comply with geospatial data standards;
                (5) ensure that the GeoPlatform operates in accordance with
            section 758;
                (6) direct and facilitate national implementation of the
            system of National Geospatial Data Asset data themes;
                (7) communicate with and foster communication among covered
            agencies and other entities and individuals relating to
            geospatial data technology development, transfer, and exchange
            in order to--
                        (A) identify and meet the needs of users of
                    geospatial data;
                        (B) promote cost-effective data collection,
                    documentation, maintenance, distribution, and
                    preservation strategies; and
                        (C) leverage Federal and non-Federal resources, such
                    as promoting Federal shared services and cross-agency
                    coordination for marketplace solutions;
                (8) define roles and responsibilities and promote and guide
            cooperation and coordination among agencies of the Federal
            Government, State, tribal, and local governments, institutions
            of higher education, and the private sector in the collection,
            production, sharing, and use of geospatial information, the
            implementation of the National Spatial Data Infrastructure, and
            the identification of proven practices;

    [[Page 132 STAT. 3417]]

                (9) coordinate with international organizations having an
            interest in the National Spatial Data Infrastructure or global
            spatial data infrastructures;
                (10) make available online and update at least annually--
                        (A) a summary of the status for each National
                    Geospatial Data Asset data theme, based on the report
                    submitted by the applicable lead covered agency under
                    section 756(b)(3)(E)(ii)(I), which shall include--
                              (i) an evaluation of the progress of each lead
                          covered agency in achieving the requirements under
                          subparagraphs (A), (B), (C), and (D) of section
                          756(b)(3); and
                              (ii) a determination of whether, for each of
                          subparagraphs (A), (B), (C), and (D) of section
                          756(b)(3), each lead covered agency meets
                          expectations, has made progress toward
                          expectations, or fails to meet expectations;
                        (B) a summary and evaluation of the achievements of
                    each covered agency, based on the annual report
                    submitted by the covered agency under section 759(b)(1),
                    which shall include a determination of whether the
                    covered agency meets expectations, has made progress
                    toward expectations, or fails to meet expectations for
                    each of paragraphs (1) through (13) of section 759(a);
                        (C) a collection of periodic technical publications,
                    management articles, and reports related to the National
                    Spatial Data Infrastructure; and
                        (D) a membership directory for the Committee,
                    including identifying members of any subcommittee or
                    working group of the Committee;
                (11)(A) make available to and request comments from the
            Advisory Committee regarding the summaries and evaluations
            required under subparagraphs (A) and (B) of paragraph (10);
                (B) if requested by the Advisory Committee, respond to any
            comments by the Advisory Committee; and
                (C) not less than once every 2 years, submit to Congress a
            report that includes the summaries and evaluations required
            under subparagraphs (A) and (B) of paragraph (10), the comments
            of the Advisory Committee, and the responses of the Committee to
            the comments;
                (12)(A) make available to and request comments from covered
            agencies regarding the summaries and evaluations required under
            subparagraphs (A) and (B) of paragraph (10); and
                (B) not less than once every 2 years, submit to Congress a
            report that includes the comments of the covered agencies and
            the responses of the Committee to the comments; and
                (13) support and promote the infrastructure of networks,
            systems, services, and standards that provide a digital
            representation of the Earth to users for many applications.

        (d) Staff Support.--The Committee shall establish an Office of the
    Secretariat within the Department of the Interior to provide
    administrative support, strategic planning, funding, and technical
    support to the Committee.

    [[Page 132 STAT. 3418]]

    SEC. 754. <<NOTE: 43 USC 2803.>>  NATIONAL GEOSPATIAL ADVISORY
                            COMMITTEE.

        (a) Establishment.--The Secretary of the Interior shall establish
    within the Department of the Interior the National Geospatial Advisory
    Committee to provide advice and recommendations to the Chairperson of
    the Committee.
        (b) Membership.--
                (1) Composition.--The Advisory Committee shall be composed
            of not more than 30 members, at least one of which will be from
            the National Geospatial-Intelligence Agency, who shall--
                        (A) be appointed by the Chairperson of the
                    Committee;
                        (B) be selected--
                              (i) to generally achieve a balanced
                          representation of the viewpoints of various
                          interested parties involved in national geospatial
                          activities and the development of the National
                          Spatial Data Infrastructure; and
                              (ii) with consideration of a geographic
                          balance of residence of the members; and
                        (C) be selected from among groups involved in the
                    geospatial community, including--
                              (i) States;
                              (ii) local governments;
                              (iii) regional governments;
                              (iv) tribal governments;
                              (v) private sector entities;
                              (vi) geospatial information user industries;
                              (vii) professional associations;
                              (viii) scholarly associations;
                              (ix) nonprofit organizations;
                              (x) academia;
                              (xi) licensed geospatial data acquisition
                          professionals; and
                              (xii) the Federal Government.
                (2) Chairperson.--The Chairperson of the Committee shall
            appoint the Chairperson of the Advisory Committee.
                (3) Period of appointment; vacancies.--
                        (A) In general.--Members shall be appointed for a
                    term of 3 years, with the term of \1/3\ of the members
                    expiring each year.
                        (B) Vacancies.--Any vacancy in the Advisory
                    Committee shall not affect its powers, but shall be
                    filled in the same manner as the original appointment.
                (4) Limit on terms.--Except for the member from the National
            Geospatial-Intelligence Agency, an individual--
                        (A) may not be appointed to more than 2 consecutive
                    terms as a member of the Advisory Committee; and
                        (B) after serving for 2 consecutive terms, is
                    eligible to be appointed as a member of the Advisory
                    Committee on and after the date that is 2 years after
                    the end of the second consecutive term of the individual
                    as a member of the Advisory Committee.
                (5) Ethical requirements.--A member of the Advisory
            Committee may not participate in any specific-party matter
            (including a lease, license, permit, contract, claim, agreement,
            or related litigation) with the Department of the Interior in
            which the member has a direct financial interest.
                (6) Incumbents.--

    [[Page 132 STAT. 3419]]

                        (A) In general.--An individual serving on the day
                    before the date of enactment of this Act as a member of
                    the National Geospatial Advisory Committee established
                    by the Secretary of the Interior may serve as a member
                    of the Advisory Committee until the end of the term of
                    the individual under the appointment.
                        (B) Limit on terms.--Any period of service as a
                    member of the National Geospatial Advisory Committee
                    established by the Secretary of the Interior shall be
                    considered a period of service as a member of the
                    Advisory Committee for purposes of paragraph (4).

        (c) Subcommittees.--A subcommittee of the Advisory Committee--
                (1) may be formed for the purposes of compiling information
            or conducting research;
                (2) shall be composed of members appointed by the
            Chairperson of the Advisory Committee;
                (3) shall act under the direction of the Chairperson of the
            Advisory Committee and the officer or employee designated under
            section 10(e) of the Federal Advisory Committee Act (5 U.S.C.
            App.) with respect to the Advisory Committee;
                (4) shall report the recommendations of the subcommittee to
            the Advisory Committee for consideration; and
                (5) shall meet as necessary to accomplish the objectives of
            the subcommittee, subject to the approval of the Chairperson of
            the Advisory Committee and the availability of resources.

        (d) Meetings.--
                (1) In general.--The Advisory Committee shall meet at the
            call of the Chairperson, not less than 1 time each year and not
            more than 4 times each year.
                (2) Quorum.--A majority of the members of the Advisory
            Committee shall constitute a quorum, but a lesser number of
            members may hold meetings or hearings.

        (e) Duties of the Advisory Committee.--The Advisory Committee
    shall--
                (1) provide advice and recommendations relating to--
                        (A) the management of Federal and national
                    geospatial programs;
                        (B) the development of the National Spatial Data
                    Infrastructure; and
                        (C) implementation of this subtitle;
                (2) review and comment on geospatial policy and management
            issues; and
                (3) ensure the views of representatives of non-Federal
            interested parties involved in national geospatial activities
            are conveyed to the Committee.

        (f) Powers of the Advisory Committee.--
                (1) Meetings.--The Advisory Committee may hold meetings
            (which shall be open to the public) and sit and act at such
            times and places as the Advisory Committee considers advisable
            to carry out this subtitle.
                (2) Information from covered agencies.--
                        (A) In general.--The Advisory Committee, with the
                    concurrence of the Chairperson of the Committee, may
                    secure directly from any covered agency such information
                    as the Advisory Committee considers necessary to carry
                    out this subtitle. Upon request of the Chairperson of
                    the

    [[Page 132 STAT. 3420]]

                    Advisory Committee, the head of such agency shall
                    furnish such information to the Advisory Committee.
                        (B) Noncooperation.--The Advisory Committee shall
                    include in the comments of the Advisory Committee
                    submitted under section 753(c)(11) a discussion of any
                    failure by a covered agency to furnish information in
                    response to a request under subparagraph (A) of this
                    paragraph.
                (3) Postal services.--The Advisory Committee may use the
            United States mails in the same manner and under the same
            conditions as other agencies of the Federal Government.

        (g) Advisory Committee Personnel Matters.--
                (1) No compensation of members.--
                        (A) Non-federal employees.--A member of the Advisory
                    Committee who is not an officer or employee of the
                    Federal Government shall serve without compensation.
                        (B) Federal employees.--A member of the Advisory
                    Committee who is an officer or employee of the Federal
                    Government shall serve without compensation in addition
                    to the compensation received for the services of the
                    member as an officer or employee of the Federal
                    Government.
                (2) Travel expenses.--The members of the Advisory Committee
            shall be allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for employees of agencies under
            subchapter I of chapter 57 of title 5, United States Code, while
            away from their homes or regular places of business in the
            performance of services for the Advisory Committee.
                (3) Detail of government employees.--Any Federal Government
            employee may be detailed to the Committee to support the
            Advisory Committee without reimbursement, and such detail shall
            be without interruption or loss of civil service status or
            privilege.
                (4) Staff support.--The Office of the Secretariat
            established by the Committee under section 753(d) shall provide
            administrative support to the Advisory Committee.

        (h) Applicability of FACA.--
                (1) In general.--Except as provided in paragraph (2), the
            Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
            the Advisory Committee.
                (2) No termination.--Section 14(a)(2) of the Federal
            Advisory Committee Act (5 U.S.C. App.) shall not apply to the
            Advisory Committee.

        (i) Termination.--
                (1) In general.--Except as provided in paragraph (2), the
            Advisory Committee shall terminate 10 years after the date of
            enactment of this Act.
                (2) Continuation.--The Advisory Committee may be continued
            for successive 10-year periods by action taken by the Secretary
            of the Interior to renew the Advisory Committee before the date
            on which the Advisory Committee would otherwise terminate.
    SEC. 755. <<NOTE: 43 USC 2804.>>  NATIONAL SPATIAL DATA
                            INFRASTRUCTURE.

        (a) In General.--The National Spatial Data Infrastructure shall
    ensure that geospatial data from multiple sources (including

    [[Page 132 STAT. 3421]]

    the covered agencies, State, local, and tribal governments, the private
    sector, and institutions of higher education) is available and easily
    integrated to enhance the understanding of the physical and cultural
    world.
        (b) Goals.--The goals of the National Spatial Data Infrastructure
    are to--
                (1) ensure--
                        (A) that geospatial data are reviewed prior to
                    disclosure to ensure--
                              (i) compliance with section 552a of title 5
                          (commonly known as the ``Privacy Act of 1974'');
                          and
                              (ii) that personally identifiable information
                          is not disclosed, which shall include an
                          assessment of re-identification risk when
                          determining what data constitute personally
                          identifiable information;
                        (B) that geospatial data are designed to enhance the
                    accuracy of statistical information, both in raw form
                    and in derived information products;
                        (C) free and open access for the public to
                    geospatial data, information, and interpretive products,
                    in accordance with Office of Management and Budget
                    Circular A-130, or any successor thereto;
                        (D) the protection of proprietary interests related
                    to licensed information and data; and
                        (E) the interoperability and sharing capabilities of
                    Federal information systems and data to enable the
                    drawing of resources from covered agencies and partners
                    of covered agencies; and
                (2) support and advance the establishment of a Global
            Spatial Data Infrastructure, consistent with national security,
            national defense, national intelligence, and international trade
            requirements, including ensuring that covered agencies develop
            international geospatial data in accordance with international
            voluntary consensus standards, as defined in Office of
            Management and Budget Circular A-119, or any successor thereto.

        (c) Strategic Plan.--The Committee shall prepare and maintain a
    strategic plan for the development and implementation of the National
    Spatial Data Infrastructure in a manner consistent with national
    security, national defense, and emergency preparedness program policies
    regarding data accessibility.
        (d) Advisory Role.--The Committee shall advise Federal and non-
    Federal users of geospatial data on their responsibilities relating to
    implementation of the National Spatial Data Infrastructure.
    SEC. 756. <<NOTE: 43 USC 2805.>>  NATIONAL GEOSPATIAL DATA ASSET
                            DATA THEMES.

        (a) In General.--The Committee shall designate as National
    Geospatial Data Asset data themes the primary topics and subjects for
    which the coordinated development, maintenance, and dissemination of
    geospatial data will benefit the Federal Government and the interests of
    the people of the United States, which shall--
                (1) be representations of conceptual topics describing
            digital spatial information for the Nation; and
                (2) contain associated datasets (with attribute records and
            coordinates)--
                        (A) that are documented, verifiable, and officially
                    designated to meet recognized standards;

    [[Page 132 STAT. 3422]]

                        (B) that may be used in common; and
                        (C) from which other datasets may be derived.

        (b) Lead Covered Agencies.--
                (1) In general.--For each National Geospatial Data Asset
            data theme, the Committee shall designate one or more covered
            agencies as the lead covered agencies for the National
            Geospatial Data Asset data theme.
                (2) General responsibility.--The lead covered agencies for a
            National Geospatial Data Asset data theme shall be responsible
            for ensuring the coordinated management of the data, supporting
            resources (including technology and personnel), and related
            services and products of the National Geospatial Data Asset data
            theme.
                (3) Specific responsibilities.--To assist in fulfilling the
            responsibilities under paragraph (2) with respect to a National
            Geospatial Data Asset data theme, the lead covered agencies
            shall--
                        (A) provide leadership and facilitate the
                    development and implementation of geospatial data
                    standards for the National Geospatial Data Asset data
                    theme, with a particular emphasis on a data content
                    standard for the National Geospatial Data Asset data
                    theme, including by--
                              (i) assessing existing standards;
                              (ii) identifying anticipated or needed data
                          standards; and
                              (iii) developing a plan to originate and
                          implement needed standards with relevant community
                          and international practices--
                                        (I) in accordance with Office of
                                    Management and Budget Circular A-119, or
                                    any successor thereto; and
                                        (II) consistent with or as a part of
                                    the plan described in subparagraph (B);
                        (B) provide leadership and facilitate the
                    development and implementation of a plan for nationwide
                    population of the National Geospatial Data Asset data
                    theme, which shall--
                              (i) include developing partnership programs
                          with States, Indian tribes, institutions of higher
                          education, private sector entities, other Federal
                          agencies, and local governments;
                              (ii) meet the needs of users of geospatial
                          data;
                              (iii) address human and financial resource
                          needs;
                              (iv) identify needs relating to standards,
                          metadata for geospatial data within the National
                          Geospatial Data Asset data theme, and the
                          GeoPlatform; and
                              (v) expedite the development of necessary
                          National Geospatial Data Asset data themes;
                        (C) establish goals that support the strategic plan
                    for the National Spatial Data Infrastructure prepared
                    under section 755(c);
                        (D) as necessary, collect and analyze information
                    from users of geospatial data within the National
                    Geospatial Data Asset data theme regarding the needs of
                    the users for geospatial data and incorporate the needs
                    of users in strategies relating to the National
                    Geospatial Data Asset data theme; and

    [[Page 132 STAT. 3423]]

                        (E) as part of administering the National Geospatial
                    Data Asset data theme--
                              (i) designate a point of contact within the
                          lead covered agency who shall be responsible for
                          developing, maintaining, coordination relating to,
                          and disseminating data using the GeoPlatform;
                              (ii) submit to the Committee--
                                        (I) a performance report, at least
                                    annually, that documents the activities
                                    relating to and implementation of the
                                    National Geospatial Data Asset data
                                    theme, including progress in achieving
                                    the requirements under subparagraphs
                                    (A), (B), (C), and (D); and
                                        (II) comments, as appropriate,
                                    regarding the summary and evaluation of
                                    the performance report provided by the
                                    Committee under section 753(c)(12);
                              (iii) publish maps or comparable graphics
                          online (in accordance with the mapping conventions
                          specified by the Committee) showing the extent and
                          status of the National Geospatial Data Asset data
                          themes for which the covered agency is a lead
                          covered agency;
                              (iv) encourage individuals and entities that
                          are a source of geospatial data or metadata for
                          geospatial data for the National Geospatial Data
                          Asset data theme to provide access to such data
                          through the GeoPlatform;
                              (v) coordinate with the GeoPlatform; and
                              (vi) identify and publish proven practices for
                          the use and application of geospatial data of the
                          lead covered agency.
    SEC. 757. <<NOTE: 43 USC 2806.>>  GEOSPATIAL DATA STANDARDS.

        (a) In General.--In accordance with section 216 of the E-Government
    Act of 2002 (44 U.S.C. 3501 note), the Committee shall establish
    standards for each National Geospatial Data Asset data theme, which--
                (1) shall include--
                        (A) rules, conditions, guidelines, and
                    characteristics for the geospatial data within the
                    National Geospatial Data Asset data theme and related
                    processes, technology, and organization; and
                        (B) content standards for metadata for geospatial
                    data within the National Geospatial Data Asset data
                    theme;
                (2) to the maximum extent practicable, shall be consistent
            with international standards and protocols;
                (3) shall include universal data standards that shall be
            acceptable for the purposes of declassified intelligence
            community data; and
                (4) the Committee shall periodically review and update as
            necessary for the standards to remain current, relevant, and
            effective.

        (b) Development of Standards.--The Committee shall--
                (1) develop and promulgate standards under this section--
                        (A) in accordance with Office of Management and
                    Budget Circular A-119, or any successor thereto; and

    [[Page 132 STAT. 3424]]

                        (B) after consultation with a broad range of data
                    users and providers;
                (2) to the maximum extent possible, use national and
            international standards adopted by voluntary standards consensus
            bodies; and
                (3) establish new standards only to the extent standards
            described in paragraph (2) do not exist.

        (c) Exclusion.--The Secretary of the Interior shall withhold from
    public disclosure any information the disclosure of which reasonably
    could be expected to cause damage to the national interest, security, or
    defense of the United States, including information relating to
    geospatial intelligence data activities, as determined in consultation
    with the Director of National Intelligence.
    SEC. 758. <<NOTE: 43 USC 2807.>>  GEOPLATFORM.

        (a) In General.--The Committee shall operate an electronic service
    that provides access to geospatial data and metadata for geospatial data
    to the general public, to be known as the GeoPlatform.
        (b) Implementation.--
                (1) In general.--The GeoPlatform--
                        (A) shall--
                              (i) be available through the internet and
                          other communications means;
                              (ii) be accessible through a common interface;
                              (iii) include metadata for all geospatial data
                          collected by covered agencies, directly or
                          indirectly;
                              (iv) include download access to all open
                          geospatial data directly or indirectly collected
                          by covered agencies; and
                              (v) include a set of programming instructions
                          and standards providing an automated means of
                          accessing available geospatial data, which--
                                        (I) harmonize sources and data
                                    standards associated with geospatial
                                    data, including metadata; and
                                        (II) to the maximum extent
                                    practicable, as determined by the
                                    Chairperson of the Committee, shall be
                                    made publicly available;
                        (B) may include geospatial data from a source other
                    than a covered agency, if determined appropriate by the
                    Committee; and
                        (C) shall not store or serve proprietary information
                    or data acquired under a license by the Federal
                    Government, unless authorized by the data provider.
                (2) Managing partner.--The Chairperson of the Committee
            shall designate an agency to serve as the managing partner for
            developing and operating the GeoPlatform, taking direction from
            the Committee on the scope, functionality, and performance of
            the GeoPlatform.

        (c) Clarification.--Although the GeoPlatform is intended to include
    all National Geospatial Data Asset and other Federal datasets, nothing
    in this subtitle shall be construed to prevent a covered agency from
    also presenting, providing, or disseminating data that is--
                (1) specific to the functions of the covered agency; or

    [[Page 132 STAT. 3425]]

                (2) targeted to information consumers that directly
            interface with the services, portals, or other mechanisms of the
            covered agency.
    SEC. 759. <<NOTE: 43 USC 2808.>>  COVERED AGENCY RESPONSIBILITIES.

        (a) In General.--Each covered agency shall--
                (1) prepare, maintain, publish, and implement a strategy for
            advancing geographic information and related geospatial data and
            activities appropriate to the mission of the covered agency, in
            support of the strategic plan for the National Spatial Data
            Infrastructure prepared under section 755(c);
                (2) collect, maintain, disseminate, and preserve geospatial
            data such that the resulting data, information, or products can
            be readily shared with other Federal agencies and non-Federal
            users;
                (3) promote the integration of geospatial data from all
            sources;
                (4) ensure that data information products and other records
            created in geospatial data and activities are included on agency
            record schedules that have been approved by the National
            Archives and Records Administration;
                (5) allocate resources to fulfill the responsibilities of
            effective geospatial data collection, production, and
            stewardship with regard to related activities of the covered
            agency, and as necessary to support the activities of the
            Committee;
                (6) use the geospatial data standards, including the
            standards for metadata for geospatial data, and other
            appropriate standards, including documenting geospatial data
            with the relevant metadata and making metadata available through
            the GeoPlatform;
                (7) coordinate and work in partnership with other Federal
            agencies, agencies of State, tribal, and local governments,
            institutions of higher education, and the private sector to
            efficiently and cost-effectively collect, integrate, maintain,
            disseminate, and preserve geospatial data, building upon
            existing non-Federal geospatial data to the extent possible;
                (8) use geospatial information to--
                        (A) make Federal geospatial information and services
                    more useful to the public;
                        (B) enhance operations;
                        (C) support decision making; and
                        (D) enhance reporting to the public and to Congress;
                (9) protect personal privacy and maintain confidentiality in
            accordance with Federal policy and law;
                (10) participate in determining, when applicable, whether
            declassified data can contribute to and become a part of the
            National Spatial Data Infrastructure;
                (11) search all sources, including the GeoPlatform, to
            determine if existing Federal, State, local, or private
            geospatial data meets the needs of the covered agency before
            expending funds for geospatial data collection;
                (12) to the maximum extent practicable, ensure that a person
            receiving Federal funds for geospatial data collection provides
            high-quality data; and

    [[Page 132 STAT. 3426]]

                (13) appoint a contact to coordinate with the lead covered
            agencies for collection, acquisition, maintenance, and
            dissemination of the National Geospatial Data Asset data themes
            used by the covered agency.

        (b) Reporting.--
                (1) In general.--Each covered agency shall submit to the
            Committee an annual report regarding the achievements of the
            covered agency in preparing and implementing the strategy
            described in subsection (a)(1) and complying with the other
            requirements under subsection (a).
                (2) Budget submission.--Each covered agency shall--
                        (A) include geospatial data in preparing the budget
                    submission of the covered agency to the President under
                    sections 1105(a) and 1108 of title 31, United States
                    Code;
                        (B) maintain an inventory of all geospatial data
                    assets in accordance with OMB Circular A-130, or any
                    successor thereto; and
                        (C) prepare an annual report to Congress identifying
                    Federal-wide geospatial data assets, as defined in OMB
                    Circular A-16, as set forth in OMB memo M-11-03,
                    Issuance of OMB Circular A-16 Supplemental Guidance
                    (November 10, 2010), or any successor thereto.
                (3) Disclosure.--Each covered agency shall disclose each
            contract, cooperative agreement, grant, or other transaction
            that deals with geospatial data, which may include posting
            information relating to the contract, cooperative agreement,
            grant, or other transaction on www.USAspending.gov and
            www.itdashboard.gov, or any successors thereto.
                (4) OMB review.--In reviewing the annual budget
            justifications submitted by covered agencies, the Office of
            Management and Budget shall take into consideration the summary
            and evaluations required under subparagraphs (A) and (B) of
            section 753(c)(10), comments, and replies to comments as
            required under paragraphs (11) and (12) of section 753(c), in
            its annual evaluation of the budget justification of each
            covered agency.
                (5) Reporting.--The Office of Management and Budget shall
            include a discussion of the summaries and evaluation of the
            progress in establishing the National Spatial Data
            Infrastructure in each E-Government status report submitted
            under section 3606 of title 44, United States Code.

        (c) Audits.--Not less than once every 2 years, the inspector general
    of a covered agency (or senior ethics official of the covered agency for
    a covered agency without an inspector general) shall submit to Congress
    an audit of the collection, production, acquisition, maintenance,
    distribution, use, and preservation of geospatial data by the covered
    agency, which shall include a review of--
                (1) the compliance of the covered agency with the standards
            for geospatial data, including metadata for geospatial data,
            established under section 757;
                (2) the compliance of the covered agency with the
            requirements under subsection (a); and
                (3) the compliance of the covered agency on the limitation
            on the use of Federal funds under section 759A.

    [[Page 132 STAT. 3427]]

    SEC. 759A. <<NOTE: 43 USC 2809.>>  LIMITATION ON USE OF FEDERAL
                              FUNDS.

        (a) Definition.--In this section, the term ``implementation date''
    means the date that is 5 years after the date on which standards for
    each National Geospatial Data Asset data theme are established under
    section 757.
        (b) Limitation.--Except as provided otherwise in this section, on
    and after the implementation date, a covered agency may not use Federal
    funds for the collection, production, acquisition, maintenance, or
    dissemination of geospatial data that does not comply with the
    applicable standards established under section 757, as determined by the
    Committee.
        (c) Exception for Existing Geospatial Data.--On and after the
    implementation date, a covered agency may use Federal funds to maintain
    and disseminate geospatial data that does not comply with the applicable
    standards established under section 757 if the geospatial data was
    collected, produced, or acquired by the covered agency before the
    implementation date.
        (d) Waiver.--
                (1) In general.--The Chairperson of the Committee may grant
            a waiver of the limitation under subsection (b), upon a request
            from a covered agency submitted in accordance with paragraph
            (2).
                (2) Requirements.--A request for a waiver under paragraph
            (1) shall--
                        (A) be submitted not later than 30 days before the
                    implementation date;
                        (B) provide a detailed explanation of the reasons
                    for seeking a waiver;
                        (C) provide a detailed plan to achieve compliance
                    with the applicable standards established under section
                    757; and
                        (D) provide the date by which the covered agency
                    shall achieve compliance with the applicable standards
                    established under section 757.

        (e) Best Efforts to Comply During Transition.--During the period
    beginning on the date on which standards for a National Geospatial Data
    Asset data theme are established under section 757 and ending on the
    implementation date, each covered agency, to the maximum extent
    practicable, shall collect, produce, acquire, maintain, and disseminate
    geospatial data within the National Geospatial Data Asset data theme in
    accordance with the standards.
    SEC. 759B. <<NOTE: 43 USC 2810.>>  SAVINGS PROVISION.

        Nothing in this subtitle shall repeal, amend, or supersede any
    existing law unless specifically provided in this subtitle.
    SEC. 759C. <<NOTE: 43 USC 2811.>>  PRIVATE SECTOR.

        The Committee and each covered agency may, to the maximum extent
    practical, rely upon and use the private sector in the United States for
    the provision of geospatial data and services.

                            Subtitle G--Miscellaneous

    SEC. 761. NEXTGEN RESEARCH.

        Not later than 1 year after the date of enactment of this Act, the
    Administrator shall submit to the Committee on Science, Space, and
    Technology and the Committee on Transportation and

    [[Page 132 STAT. 3428]]

    Infrastructure of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a report specifying
    the top 5 priority research areas for the implementation and advancement
    of NextGen, including--
                (1) an assessment of why the research areas are a priority
            for the implementation and advancement of NextGen;
                (2) an identification of the other Federal agencies and
            private organizations assisting the Administration with the
            research; and
                (3) an estimate of when the research will be completed.
    SEC. 762. ADVANCED MATERIALS CENTER OF EXCELLENCE.

        (a) In General.--Chapter 445 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 44518. <<NOTE: 49 USC 44518.>>  Advanced Materials Center
                        of Excellence

        ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall continue operation of the Advanced Materials Center
    of Excellence (referred to in this section as the `Center') under its
    structure as in effect on March 1, 2016, which shall focus on applied
    research and training on the durability and maintainability of advanced
    materials in transport airframe structures.
        ``(b) Responsibilities.--The Center shall--
                ``(1) promote and facilitate collaboration among academia,
            the Transportation Division of the Federal Aviation
            Administration, and the commercial aircraft industry, including
            manufacturers, commercial air carriers, and suppliers; and
                ``(2) establish goals set to advance technology, improve
            engineering practices, and facilitate continuing education in
            relevant areas of study.''.

        (b) Table of Contents.--The table of contents for chapter 445 of
    title 49, United States Code, <<NOTE: 49 USC 44501 prec.>>  is amended
    by adding at the end the following:

    ``44518. Advanced Materials Center of Excellence.''.

                     TITLE VIII--AVIATION REVENUE PROVISIONS

    SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST
                            FUND.

        (a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
    1986 <<NOTE: 26 USC 9502.>>  is amended--
                (1) in the matter preceding subparagraph (A) by striking
            ``October 1, 2018'' and inserting ``October 1, 2023''; and
                (2) in subparagraph (A) by striking the semicolon at the end
            and inserting ``or the FAA Reauthorization Act of 2018;''.

        (b) Conforming Amendment.--Section 9502(e)(2) of such Code is
    amended by striking ``October 1, 2018'' and inserting ``October 1,
    2023''.
    SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
                            FUND.

        (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
    of 1986 <<NOTE: 26 USC 4081.>>  is amended by striking ``September 30,
    2018'' and inserting ``September 30, 2023''.

    [[Page 132 STAT. 3429]]

        (b) Ticket Taxes.--
                (1) Persons.--Section 4261(k)(1)(A)(ii) <<NOTE: 26 USC
            4261.>>  of such Code is amended by striking ``September 30,
            2018'' and inserting ``September 30, 2023''.
                (2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
            amended by striking ``September 30, 2018'' and inserting
            ``September 30, 2023''.

        (c) Fractional Ownership Programs.--
                (1) Fuel tax.--Section 4043(d) of such Code is amended by
            striking ``September 30, 2021'' and inserting ``September 30,
            2023''.
                (2) Treatment as noncommercial aviation.--Section 4083(b) of
            such Code is amended by striking ``October 1, 2018'' and
            inserting ``October 1, 2023''.
                (3) Exemption from ticket taxes.--Section 4261(j) of such
            Code is amended by striking ``September 30, 2018'' and inserting
            ``September 30, 2023''.

       DIVISION C--NATIONAL <<NOTE: National Transportation Safety Board
    Reauthorization Act.>>  TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT
    OF 2018
    SEC. 1101. <<NOTE: 49 USC 40101 note.>>  SHORT TITLE.

        This division may be cited as the ``National Transportation Safety
    Board Reauthorization Act''.
    SEC. 1102. <<NOTE: 49 USC 41101 note.>>  DEFINITIONS.

        In this division, the following definitions apply:
                (1) Board.--The term ``Board'' means the National
            Transportation Safety Board.
                (2) Chairman.--The term ``Chairman'' means the Chairman of
            the National Transportation Safety Board.
                (3) Most wanted list.--The term ``Most Wanted List'' means
            the Board publication entitled ``Most Wanted List''.
    SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.

        Section 1118(a) of title 49, United States Code, is amended to read
    as follows:
        ``(a) In General.--There are authorized to be appropriated for the
    purposes of this chapter $111,400,000 for fiscal year 2019, $112,400,000
    for fiscal year 2020, $113,400,000 for fiscal year 2021, and
    $114,400,000 for fiscal year 2022. Such sums shall remain available
    until expended.''.
    SEC. 1104. STILL IMAGES.

        (a) Still Images, Voice Recorders, and Video Recorders.--
                (1) Cockpit recordings and transcripts.--Section 1114(c) of
            title 49, United States Code, is amended--
                        (A) by redesignating paragraph (2) as paragraph (3);
                        (B) in paragraph (3), as so redesignated, by
                    inserting ``References to information in making safety
                    recommendations.--'' before ``This''; and
                        (C) in paragraph (1)--
                              (i) in the first sentence, by striking ``The
                          Board'' and inserting ``Confidentiality of
                          recordings.--Except as provided in paragraph (2),
                          the Board''; and

    [[Page 132 STAT. 3430]]

                              (ii) by amending the second sentence to read
                          as follows:
                ``(2) Exception.--Subject to subsections (b) and (g), the
            Board shall make public any part of a transcript, any written
            depiction of visual information obtained from a video recorder,
            or any still image obtained from a video recorder the Board
            decides is relevant to the accident or incident--
                        ``(A) if the Board holds a public hearing on the
                    accident or incident, at the time of the hearing; or
                        ``(B) if the Board does not hold a public hearing,
                    at the time a majority of the other factual reports on
                    the accident or incident are placed in the public
                    docket.''.
                (2) Surface vehicle recordings and transcripts.--Section
            1114(d) of title 49, United States Code, is amended--
                        (A) by redesignating paragraph (2) as paragraph (3);
                    and
                        (B) in paragraph (1)--
                              (i) in the first sentence, by striking ``The
                          Board'' and inserting ``Except as provided in
                          paragraph (2), the Board''; and
                              (ii) by amending the second sentence to read
                          as follows:
                ``(2) Exception.--Subject to subsections (b) and (g), the
            Board shall make public any part of a transcript, any written
            depiction of visual information obtained from a video recorder,
            or any still image obtained from a video recorder the Board
            decides is relevant to the accident--
                        ``(A) if the Board holds a public hearing on the
                    accident, at the time of the hearing; or
                        ``(B) if the Board does not hold a public hearing,
                    at the time a majority of the other factual reports on
                    the accident are placed in the public docket.''.
                (3) Privacy protections.--Section 1114 of title 49, United
            States Code, is amended by adding at the end the following:

        ``(g) Privacy Protections.--Before making public any still image
    obtained from a video recorder under subsection (c)(2) or subsection
    (d)(2), the Board shall take such action as appropriate to protect from
    public disclosure any information that readily identifies an individual,
    including a decedent.''.
        (b) Cockpit and Surface Vehicle Recordings and Transcripts.--Section
    1154(a) of title 49, United States Code, is amended--
                (1) in the heading, by striking ``Transcripts and
            Recordings'' and inserting ``In General'';
                (2) in paragraph (1)--
                        (A) by redesignating subparagraphs (A) and (B) as
                    subparagraphs (B) and (C), respectively; and
                        (B) by inserting before subparagraph (B), as so
                    redesignated, the following:
                        ``(A) any still image that the National
                    Transportation Safety Board has not made available to
                    the public under section 1114(c) or 1114(d) of this
                    title;'';
                (3) in paragraph (3)--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``recorder recording'' and inserting ``recorder
                    recording, including with regard to a video recording
                    any still image that the National Transportation Safety
                    Board

    [[Page 132 STAT. 3431]]

                    has not made available to the public under section
                    1114(c) or 1114(d) of this title,''; and
                        (B) in subparagraph (B), by striking ``recorder
                    recording'' and inserting ``recorder recording,
                    including with regard to a video recording any still
                    image that the National Transportation Safety Board has
                    not made available to the public under section 1114(c)
                    or 1114(d) of this title,'';
                (4) in paragraph (4)--
                        (A) in subparagraph (A)--
                              (i) by inserting ``a still image or'' before
                          ``a part of a cockpit''; and
                              (ii) by striking ``the part of the transcript
                          or the recording'' each place it appears and
                          inserting ``the still image, the part of the
                          transcript, or the recording'';
                        (B) in subparagraph (B)--
                              (i) by inserting ``a still image or'' before
                          ``a part of a cockpit''; and
                              (ii) by striking ``the part of the transcript
                          or the recording'' each place it appears and
                          inserting ``the still image, the part of the
                          transcript, or the recording''; and
                (5) in paragraph (6)--
                        (A) by redesignating subparagraph (B) as
                    subparagraph (C); and
                        (B) by inserting after subparagraph (A) the
                    following:
                ``(B) Still image.--The term `still image' means any still
            image obtained from a video recorder.''.
    SEC. 1105. ELECTRONIC RECORDS.

        Section 1134(a)(2) of title 49, United States Code, is amended by
    inserting ``including an electronic record,'' after ``record,''.
    SEC. 1106. REPORT ON MOST WANTED LIST METHODOLOGY.

        (a) In General.--Not later than the date on which the first Most
    Wanted List to be published after the date of enactment of this Act is
    published, the Chairman shall publish on a publicly available website of
    the Board and submit to appropriate committees of Congress a report on
    the methodology used to prioritize and select recommendations to be
    included by the Board in the Most Wanted List.
        (b) Elements.--The report under subsection (a) shall include--
                (1) a detailed description of how the Board accounts for the
            risk to safety addressed in each of its recommendations,
            including the extent to which the Board considers--
                        (A) the types of data and other information,
                    including studies and reports, used to identify the
                    amount and probability of risk to safety;
                        (B) the reduction of the risk to safety, estimated
                    over a period of time, by implementing each
                    recommendation;
                        (C) the practicality and feasibility of achieving
                    the reduction of the risk to safety described in
                    subparagraph (B); and
                        (D) any alternate means of reducing the risk;
                (2) a detailed description of the extent to which the Board
            considers any prior, related investigation, safety
            recommendation, or other safety action when prioritizing and
            selecting recommendations; and

    [[Page 132 STAT. 3432]]

                (3) a description of the extent of coordination and
            consultation when prioritizing and selecting the
            recommendations.

        (c) GAO Report.--Not later than 15 months after the date that the
    methodology report is published under subsection (a), the Comptroller
    General of the United States shall submit to the appropriate committees
    of Congress a report examining the methodology used by the Board to
    prioritize and select safety recommendations for inclusion in the Most
    Wanted List.
    SEC. 1107. METHODOLOGY.

        (a) Redesignation.--Section 1116 of title 49, United States Code, is
    amended by adding at the end the following:
        ``(c) Annual Report.--The National Transportation Safety Board shall
    submit a report to Congress on July 1 of each year. The report shall
    include--
                ``(1) a statistical and analytical summary of the
            transportation accident investigations conducted and reviewed by
            the Board during the prior calendar year;
                ``(2) a survey and summary of the recommendations made by
            the Board to reduce the likelihood of recurrence of those
            accidents together with the observed response to each
            recommendation;
                ``(3) a detailed appraisal of the accident investigation and
            accident prevention activities of other departments, agencies,
            and instrumentalities of the United States Government and State
            and local governmental authorities having responsibility for
            those activities under a law of the United States or a State;
                ``(4) a description of the activities and operations of the
            National Transportation Safety Board Training Center during the
            prior calendar year;
                ``(5) a list of accidents, during the prior calendar year,
            that the Board was required to investigate under section 1131
            but did not investigate and an explanation of why they were not
            investigated; and
                ``(6) a list of ongoing investigations that have exceeded
            the expected time allotted for completion by Board order and an
            explanation for the additional time required to complete each
            such investigation.''.

        (b) Methodology.--
                (1) In general.--Section 1117 of title 49, United States
            Code, is amended to read as follows:
    ``Sec. 1117. Methodology

        ``(a) In General.--Not later than 2 years after the date of
    enactment of the National Transportation Safety Board Reauthorization
    Act, the Chairman shall include with each investigative report in which
    a recommendation is issued by the Board a methodology section detailing
    the process and information underlying the selection of each
    recommendation.
        ``(b) Elements.--Except as provided in subsection (c), the
    methodology section under subsection (a) shall include, for each
    recommendation--
                ``(1) a brief summary of the Board's collection and analysis
            of the specific accident investigation information most relevant
            to the recommendation;

    [[Page 132 STAT. 3433]]

                ``(2) a description of the Board's use of external
            information, including studies, reports, and experts, other than
            the findings of a specific accident investigation, if any were
            used to inform or support the recommendation, including a brief
            summary of the specific safety benefits and other effects
            identified by each study, report, or expert; and
                ``(3) a brief summary of any examples of actions taken by
            regulated entities before the publication of the safety
            recommendation, to the extent such actions are known to the
            Board, that were consistent with the recommendation.

        ``(c) Acceptable Limitation.--If the Board knows of more than 3
    examples taken by regulated entities before the publication of the
    safety recommendation that were consistent with the recommendation, the
    brief summary under subsection (b)(3) may be limited to only 3 of those
    examples.
        ``(d) Exception.--Subsection (a) shall not apply if the
    recommendation is only for a person to disseminate information on--
                ``(1) an existing agency best practices document; or
                ``(2) an existing regulatory requirement.

        ``(e) Rule of Construction.--Nothing in this section may be
    construed to require any change to a recommendation made by the Board
    before the date of enactment of the National Transportation Safety Board
    Reauthorization Act, unless the recommendation is a repeat
    recommendation issued on or after the date of enactment of such Act.
        ``(f) Savings Clause.--Nothing in this section may be construed--
                ``(1) to delay publication of the findings, cause, or
            probable cause of a Board investigation;
                ``(2) to delay the issuance of an urgent recommendation that
            the Board has determined must be issued to avoid immediate loss,
            death, or injury; or
                ``(3) to limit the number of examples the Board may consider
            before issuing a recommendation.''.
                (2) Clerical amendment.--The analysis for chapter 11 of
            title 49, United States Code, <<NOTE: 49 USC 1101 prec.>>  is
            amended by inserting after the item relating to section 1116 the
            following:

    ``117. Methodology.''.

    SEC. 1108. <<NOTE: 49 USC 1119 note.>>  MULTIMODAL ACCIDENT
                              DATABASE MANAGEMENT SYSTEM.

        (a) Establishment.--Not later than 1 year after the date of
    enactment of this Act, the Board shall establish and maintain a
    multimodal accident database management system for Board investigators.
        (b) Purposes.--The purposes of the system shall be to support the
    Board in improving--
                (1) the quality of accident data the Board makes available
            to the public; and
                (2) the selection of accidents for investigation and
            allocation of limited resources.

        (c) Requirements.--The system shall--
                (1) maintain a historical record of accidents that are
            investigated by the Board; and
                (2) be capable of the secure storage, retrieval, and
            management of information associated with the investigations of
            such accidents.

    [[Page 132 STAT. 3434]]

    SEC. 1109. ADDRESSING THE NEEDS OF FAMILIES OF INDIVIDUALS
                              INVOLVED IN ACCIDENTS.

        (a) Air Carriers Holding Certificates of Public Convenience and
    Necessity.--Section 41113 of title 49, United States Code, is amended--
                (1) in subsection (a), by striking ``a major'' and inserting
            ``any''; and
                (2) in subsection (b)--
                        (A) in paragraph (9), by striking ``(and any other
                    victim of the accident)'' and inserting ``(and any other
                    victim of the accident, including any victim on the
                    ground)'';
                        (B) in paragraph (16), by striking ``major'' and
                    inserting ``any''; and
                        (C) in paragraph (17)(A), by striking
                    ``significant'' and inserting ``any''.

        (b) Foreign Air Carriers Providing Foreign Air Transportation.--
    Section 41313 of title 49, United States Code, is amended--
                (1) in subsection (b), by striking ``a major'' and inserting
            ``any''; and
                (2) in subsection (c)--
                        (A) in paragraph (1), by striking ``a significant''
                    and inserting ``any'';
                        (B) in paragraph (2), by striking ``a significant''
                    and inserting ``any'';
                        (C) by amending paragraph (9) to read as follows:
                ``(9) Equal treatment of passengers.--An assurance that the
            treatment of the families of nonrevenue passengers (and any
            other victim of the accident, including any victim on the
            ground) will be the same as the treatment of the families of
            revenue passengers.'';
                        (D) in paragraph (16)--
                              (i) by striking ``major'' and inserting
                          ``any''; and
                              (ii) by striking ``the foreign air carrier
                          will consult'' and inserting ``will consult''; and
                        (E) in paragraph (17)(A), by striking
                    ``significant'' and inserting ``any''.

        (c) Assistance to Families of Passengers Involved in Aircraft
    Accidents.--Section 1136 of title 49, United States Code, is amended--
                (1) in subsection (a), by striking ``aircraft accident
            within the United States involving an air carrier or foreign air
            carrier and resulting in a major loss of life'' and inserting
            ``aircraft accident involving an air carrier or foreign air
            carrier, resulting in any loss of life, and for which the
            National Transportation Safety Board will serve as the lead
            investigative agency''; and
                (2) in subsection (h)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) Aircraft accident.--The term `aircraft accident' means
            any aviation disaster, regardless of its cause or suspected
            cause, for which the National Transportation Safety Board is the
            lead investigative agency.''; and
                        (B) in paragraph (2)--
                              (i) in subparagraph (A), by striking ``; and''
                          and inserting a semicolon;
                              (ii) in subparagraph (B), by striking the
                          period at the end and inserting ``; and''; and

    [[Page 132 STAT. 3435]]

                              (iii) by adding at the end the following:
                        ``(C) any other person injured or killed in the
                    aircraft accident, as determined appropriate by the
                    Board.''.

        (d) Assistance to Families of Passengers Involved in Rail Passenger
    Accidents.--Section 1139 of title 49, United States Code, is amended--
                (1) in subsection (a), by striking ``resulting in a major
            loss of life'' and inserting ``resulting in any loss of life,
            and for which the National Transportation Safety Board will
            serve as the lead investigative agency''; and
                (2) by amending subsection (h)(1) to read as follows:
                ``(1) Rail passenger accident.--The term `rail passenger
            accident' means any rail passenger disaster that--
                        ``(A) results in any loss of life;
                        ``(B) the National Transportation Safety Board will
                    serve as the lead investigative agency for; and
                        ``(C) occurs in the provision of--
                              ``(i) interstate intercity rail passenger
                          transportation (as such term is defined in section
                          24102); or
                              ``(ii) high-speed rail (as such term is
                          defined in section 26105) transportation,
                          regardless of its cause or suspected cause.''.

        (e) Information for Families of Individuals Involved in Accidents.--
                (1) In general.--Subchapter III of chapter 11 of subtitle II
            of title 49, United States Code, is amended by adding at the end
            the following:
    ``Sec. 1140. <<NOTE: 49 USC 1140.>>  Information for families of
                      individuals involved in accidents

        ``In the course of an investigation of an accident described in
    section 1131(a)(1), except an aircraft accident described in section
    1136 or a rail passenger accident described in section 1139, the Board
    may, to the maximum extent practicable, ensure that the families of
    individuals involved in the accident, and other individuals the Board
    deems appropriate--
                ``(1) are informed as to the roles, with respect to the
            accident and the post-accident activities, of the Board;
                ``(2) are briefed, before any public briefing, about the
            accident, its causes, and any other findings from the
            investigation; and
                ``(3) are individually informed of and allowed to attend any
            public hearings and meetings of the Board about the accident.''.
                (2) Table of contents.--The table of contents of chapter 11
            of subtitle II of title 49, United States Code, <<NOTE: 49 USC
            1101 prec.>>  is amended by inserting after the item relating to
            section 1139 the following:

    ``1140. Information for families of individuals involved in
               accidents.''.

    SEC. 1110. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
                              INVESTIGATION LAUNCH DECISION-MAKING
                              PROCESSES.

        Section 1138 of title 49, United States Code, is amended--
                (1) in subsection (b)--
                        (A) by redesignating paragraphs (5) and (6) as
                    paragraphs (6) and (7), respectively; and
                        (B) by inserting after paragraph (4) the following:

    [[Page 132 STAT. 3436]]

                ``(5) the process and procedures to select an accident to
            investigate;''; and
                (2) in subsection (c), by inserting a comma after
            ``Science''.
    SEC. 1111. PERIODIC REVIEW OF SAFETY RECOMMENDATIONS.

        (a) Reports.--Section 1116 of title 49, United States Code, as
    amended by this Act, is further amended--
                (1) in the heading, by striking ``and studies'' and
            inserting ``, studies, and retrospective reviews''; and
                (2) by adding at the end the following:

        ``(d) Retrospective Reviews.--
                ``(1) In general.--Subject to paragraph (2), not later than
            June 1, 2019, and at least every 5 years thereafter, the
            Chairman shall complete a retrospective review of
            recommendations issued by the Board that are classified as open
            by the Board.
                ``(2) Contents.--A review under paragraph (1) shall
            include--
                        ``(A) a determination of whether the recommendation
                    should be updated, closed, or reissued in light of--
                              ``(i) changed circumstances;
                              ``(ii) more recently issued recommendations;
                              ``(iii) the availability of new technologies;
                          or
                              ``(iv) new information making the
                          recommendation ineffective or insufficient for
                          achieving its objective; and
                        ``(B) a justification for each determination under
                    subparagraph (A).
                ``(3) Report.--Not later than 180 days after the date a
            review under paragraph (1) is complete, the Chairman shall
            submit to the Committee on Commerce, Science, and Transportation
            of the Senate and the Committee on Transportation and
            Infrastructure of the House of Representatives a report that
            includes--
                        ``(A) the findings of the review under paragraph
                    (1);
                        ``(B) each determination under paragraph (2)(A) and
                    justification under paragraph (2)(B); and
                        ``(C) if applicable, a schedule for updating,
                    closing, or reissuing a recommendation.''.

        (b) Clerical Amendment.--The analysis for chapter 11 of title 49,
    United States Code, <<NOTE: 49 USC 1101 prec.>>  is amended by striking
    the item relating to section 1116 and inserting the following:

    ``1116. Reports, studies, and retrospective reviews.''.

        (c) <<NOTE: 49 USC 1116 note.>>  Savings Clause.--Nothing in this
    section or the amendments made by this section may be construed to limit
    or otherwise affect the authority of the Board to update, close, or
    reissue a recommendation.
    SEC. 1112. GENERAL ORGANIZATION.

        (a) Terms of the Chairman and Vice Chairman.--Section 1111(d) of
    title 49, United States Code, is amended by striking ``2 years'' and
    inserting ``3 years''.
        (b) Nonpublic Collaborative Discussions.--Section 1111 of such title
    is further amended by adding at the end the following:
        ``(k) Open Meetings.--
                ``(1) In general.--The Board shall be deemed to be an agency
            for purposes of section 552b of title 5.
                ``(2) Nonpublic collaborative discussions.--

    [[Page 132 STAT. 3437]]

                        ``(A) In general.--Notwithstanding section 552b of
                    title 5, a majority of the members may hold a meeting
                    that is not open to public observation to discuss
                    official agency business if--
                              ``(i) no formal or informal vote or other
                          official agency action is taken at the meeting;
                              ``(ii) each individual present at the meeting
                          is a member or an employee of the Board;
                              ``(iii) at least 1 member of the Board from
                          each political party is present at the meeting, if
                          applicable; and
                              ``(iv) the General Counsel of the Board is
                          present at the meeting.
                        ``(B) Disclosure of nonpublic collaborative
                    discussions.--Except as provided under subparagraphs (C)
                    and (D), not later than 2 business days after the
                    conclusion of a meeting under subparagraph (A), the
                    Board shall make available to the public, in a place
                    easily accessible to the public--
                              ``(i) a list of the individuals present at the
                          meeting; and
                              ``(ii) a summary of the matters, including key
                          issues, discussed at the meeting, except for any
                          matter the Board properly determines may be
                          withheld from the public under section 552b(c) of
                          title 5.
                        ``(C) Summary.--If the Board properly determines a
                    matter may be withheld from the public under section
                    552b(c) of title 5, the Board shall provide a summary
                    with as much general information as possible on each
                    matter withheld from the public.
                        ``(D) Active investigations.--If a discussion under
                    subparagraph (A) directly relates to an active
                    investigation, the Board shall make the disclosure under
                    subparagraph (B) on the date the Board adopts the final
                    report.
                        ``(E) Preservation of open meetings requirements for
                    agency action.--Nothing in this paragraph may be
                    construed to limit the applicability of section 552b of
                    title 5 with respect to a meeting of the members other
                    than that described in this paragraph.
                        ``(F) Statutory construction.--Nothing in this
                    paragraph may be construed--
                              ``(i) to limit the applicability of section
                          552b of title 5 with respect to any information
                          which is proposed to be withheld from the public
                          under subparagraph (B)(ii); or
                              ``(ii) to authorize the Board to withhold from
                          any individual any record that is accessible to
                          that individual under section 552a of title 5.''.

        (c) Authority To Acquire Small Unmanned Aircraft Systems for
    Investigation Purposes.--Section 1113(b)(1) of such title is amended--
                (1) in subparagraph (H), by striking ``and'' at the end;
                (2) in subparagraph (I), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:

    [[Page 132 STAT. 3438]]

                        ``(J) notwithstanding section 1343 of title 31,
                    acquire 1 or more small unmanned aircraft (as defined in
                    section 44801) for use in investigations under this
                    chapter.''.

        (d) Investigative Officers.--Section 1113 of such title is amended
    by striking subsection (h).
        (e) Technical Amendment.--Section 1113(a)(1) of such title is
    amended by striking ``subpena'' and inserting ``subpoena''.
    SEC. 1113. TECHNICAL AND CONFORMING AMENDMENTS.

        (a) Table of Contents.--The table of contents of subchapter III of
    chapter 11 of subtitle II of title 49, <<NOTE: 49 USC 1101 prec.>>
    United States Code, is amended in the item relating to section 1138 by
    striking ``Board'' and inserting ``Board.''.

        (b) General Authority.--Section 1131(a)(1)(A) of title 49, United
    States Code, is amended by striking ``a public aircraft as defined by
    section 40102(a)(37) of this title'' and inserting ``a public aircraft
    as defined by section 40102(a) of this title''.

     DIVISION D--DISASTER <<NOTE: Disaster Recovery Reform Act of 2018.>>
    RECOVERY REFORM
    SEC. 1201. <<NOTE: 42 USC 5121 note.>>  SHORT TITLE.

        This division may be cited as the ``Disaster Recovery Reform Act of
    2018''.
    SEC. 1202. <<NOTE: 42 USC 5121 note.>>  APPLICABILITY.

        (a) Applicability for Stafford Act.--Except as otherwise expressly
    provided, the amendments in this division to the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
    apply to each major disaster and emergency declared by the President on
    or after August 1, 2017, under the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act.
        (b) Division Applicability.--Except as otherwise expressly provided,
    the authorities provided under this division apply to each major
    disaster and emergency declared by the President under the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act on or after
    January 1, 2016.
    SEC. 1203. <<NOTE: 42 USC 5122 note.>>  DEFINITIONS.

        In this division:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the Federal Emergency Management Agency.
                (2) Agency.--The term ``Agency'' means the Federal Emergency
            Management Agency.
                (3) State.--The term ``State'' has the meaning given that
            term in section 102 of the Robert T. Stafford Disaster Relief
            and Emergency Assistance Act (42 U.S.C. 5122).
    SEC. 1204. WILDFIRE PREVENTION.

        (a) Mitigation Assistance.--Section 420 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is
    amended--
                (1) by redesignating subsection (d) as subsection (e); and
                (2) by inserting after subsection (c) the following:

        ``(d) Hazard Mitigation Assistance.--Whether or not a major disaster
    is declared, the President may provide hazard mitigation

    [[Page 132 STAT. 3439]]

    assistance in accordance with section 404 in any area affected by a fire
    for which assistance was provided under this section.''.
        (b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
                (1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by
            this division)--
                        (A) by inserting before the first period ``, or any
                    area affected by a fire for which assistance was
                    provided under section 420''; and
                        (B) in the third sentence by inserting ``or event
                    under section 420'' after ``major disaster'' each place
                    it appears; and
                (2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by
            inserting ``or event under section 420'' after ``major
            disaster'' each place it appears.

        (c) <<NOTE: 42 USC 5187 note.>>  Reporting Requirement.--Not later
    than 1 year after the date of enactment of this Act and annually
    thereafter, the Administrator shall submit to the Committee on Homeland
    Security and Governmental Affairs of the Senate, the Committee on
    Transportation and Infrastructure of the House of Representatives, and
    the Committees on Appropriations of the Senate and the House of
    Representatives a report containing a summary of any projects carried
    out, and any funding provided to those projects, under subsection (d) of
    section 420 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5187) (as amended by this section).
    SEC. 1205. ADDITIONAL ACTIVITIES.

        Section 404 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
    following:
        ``(f) Use of Assistance.--Recipients of hazard mitigation assistance
    provided under this section and section 203 may use the assistance to
    conduct activities to help reduce the risk of future damage, hardship,
    loss, or suffering in any area affected by a wildfire or windstorm, such
    as--
                ``(1) reseeding ground cover with quick-growing or native
            species;
                ``(2) mulching with straw or chipped wood;
                ``(3) constructing straw, rock, or log dams in small
            tributaries to prevent flooding;
                ``(4) placing logs and other erosion barriers to catch
            sediment on hill slopes;
                ``(5) installing debris traps to modify road and trail
            drainage mechanisms;
                ``(6) modifying or removing culverts to allow drainage to
            flow freely;
                ``(7) adding drainage dips and constructing emergency
            spillways to keep roads and bridges from washing out during
            floods;
                ``(8) planting grass to prevent the spread of noxious weeds;
                ``(9) installing warning signs;
                ``(10) establishing defensible space measures;
                ``(11) reducing hazardous fuels;
                ``(12) mitigating windstorm damage, including replacing or
            installing electrical transmission or distribution utility pole
            structures with poles that are resilient to extreme wind and

    [[Page 132 STAT. 3440]]

            combined ice and wind loadings for the basic wind speeds and ice
            conditions associated with the relevant location;
                ``(13) removing standing burned trees; and
                ``(14) replacing water systems that have been burned and
            have caused contamination.''.
    SEC. 1206. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.

        (a) In General.--Section 402 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended--
                (1) in paragraph (4), by striking ``and'' at the end;
                (2) by redesignating paragraph (5) as paragraph (6); and
                (3) by inserting after paragraph (4) the following:
                ``(5) provide assistance to State and local governments for
            building code and floodplain management ordinance administration
            and enforcement, including inspections for substantial damage
            compliance; and''.

        (b) Repair, Restoration, and Replacement of Damaged Facilities.--
    Section 406(a)(2) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
                (1) in subparagraph (B), by striking ``and'' at the end;
                (2) in subparagraph (C), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(D) base and overtime wages for extra hires to
                    facilitate the implementation and enforcement of adopted
                    building codes for a period of not more than 180 days
                    after the major disaster is declared.''.
    SEC. 1207. PROGRAM IMPROVEMENTS.

        (a) Hazard Mitigation.--Section 406(c) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is
    amended--
                (1) in paragraph (1)(A), by striking ``90 percent of''; and
                (2) in paragraph (2)(A), by striking ``75 percent of''.

        (b) Flood Insurance.--Section 406(d)(1) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(d)(1)) is
    amended by adding at the end the following: ``This section shall not
    apply to more than one building of a multi-structure educational, law
    enforcement, correctional, fire, or medical campus, for any major
    disaster or emergency declared by the President under section 401 or
    501, respectively, of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5170, 5191) on or after January 1,
    2016, through December 31, 2018.''.
        (c) Participation.--Section 428(d) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f(d)) is
    amended--
                (1) by striking ``Participation in'' and inserting the
            following:
                ``(1) In general.--Participation in''; and
                (2) by adding at the end the following:
                ``(2) No conditions.--The President may not condition the
            provision of Federal assistance under this Act on the election
            by a State, local, or Indian tribal government, or owner or
            operator of a private nonprofit facility to participate in the
            alternative procedures adopted under this section.''.

    [[Page 132 STAT. 3441]]

        (d) Certification.--Section 428(e)(1) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f(e)(1)) is
    amended--
                (1) in subparagraph (E), by striking ``and'' at the end;
                (2) in subparagraph (F), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(G) once certified by a professionally licensed
                    engineer and accepted by the Administrator, the
                    estimates on which grants made pursuant to this section
                    are based shall be presumed to be reasonable and
                    eligible costs, as long as there is no evidence of
                    fraud.''.
    SEC. 1208. <<NOTE: 6 USC 748a.>>  PRIORITIZATION OF FACILITIES.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator shall provide guidance and training on an annual basis to
    State, local, and Indian tribal governments, first responders, and
    utility companies on--
                (1) the need to prioritize assistance to hospitals, nursing
            homes, and other long-term care facilities to ensure that such
            health care facilities remain functioning or return to
            functioning as soon as practicable during power outages caused
            by natural hazards, including severe weather events;
                (2) how hospitals, nursing homes and other long-term care
            facilities should adequately prepare for power outages during a
            major disaster or emergency, as those terms are defined in
            section 102 of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5122); and
                (3) how State, local, and Indian tribal governments, first
            responders, utility companies, hospitals, nursing homes, and
            other long-term care facilities should develop a strategy to
            coordinate emergency response plans, including the activation of
            emergency response plans, in anticipation of a major disaster,
            including severe weather events.
    SEC. 1209. <<NOTE: 6 USC 721 note.>>  GUIDANCE ON EVACUATION
                              ROUTES.

        (a) In General.--
                (1) Identification.--The Administrator, in coordination with
            the Administrator of the Federal Highway Administration, shall
            develop and issue guidance for State, local, and Indian tribal
            governments regarding the identification of evacuation routes.
                (2) Guidance.--The Administrator of the Federal Highway
            Administration, in coordination with the Administrator, shall
            revise existing guidance or issue new guidance as appropriate
            for State, local, and Indian tribal governments regarding the
            design, construction, maintenance, and repair of evacuation
            routes.

        (b) Considerations.--
                (1) Identification.--In developing the guidance under
            subsection (a)(1), the Administrator shall consider--
                        (A) whether evacuation routes have resisted impacts
                    and recovered quickly from disasters, regardless of
                    cause;
                        (B) the need to evacuate special needs populations,
                    including--
                              (i) individuals with a physical or mental
                          disability;

    [[Page 132 STAT. 3442]]

                              (ii) individuals in schools, daycare centers,
                          mobile home parks, prisons, nursing homes and
                          other long-term care facilities, and detention
                          centers;
                              (iii) individuals with limited-English
                          proficiency;
                              (iv) the elderly; and
                              (v) individuals who are tourists, seasonal
                          workers, or homeless;
                        (C) the sharing of information and other public
                    communications with evacuees during evacuations;
                        (D) the sheltering of evacuees, including the care,
                    protection, and sheltering of animals;
                        (E) the return of evacuees to their homes; and
                        (F) such other items the Administrator considers
                    appropriate.
                (2) Design, construction, maintenance, and repair.--In
            revising or issuing guidance under subsection (a)(2), the
            Administrator of the Federal Highway Administration shall
            consider--
                        (A) methods that assist evacuation routes to--
                              (i) withstand likely risks to viability,
                          including flammability and hydrostatic forces;
                              (ii) improve durability, strength (including
                          the ability to withstand tensile stresses and
                          compressive stresses), and sustainability; and
                              (iii) provide for long-term cost savings;
                        (B) the ability of evacuation routes to effectively
                    manage contraflow operations;
                        (C) for evacuation routes on public lands, the
                    viewpoints of the applicable Federal land management
                    agency regarding emergency operations, sustainability,
                    and resource protection; and
                        (D) such other items the Administrator of the
                    Federal Highway Administration considers appropriate.

        (c) Study.--The Administrator, in coordination with the
    Administrator of the Federal Highway Administration and State, local,
    territorial, and Indian tribal governments, may--
                (1) conduct a study of the adequacy of available evacuation
            routes to accommodate the flow of evacuees; and
                (2) submit recommendations on how to help with anticipated
            evacuation route flow, based on the study conducted under
            paragraph (1), to--
                        (A) the Federal Highway Administration;
                        (B) the Agency;
                        (C) State, local, territorial, and Indian tribal
                    governments; and
                        (D) Congress.
    SEC. 1210. DUPLICATION OF BENEFITS.

        (a) In General.--
                (1) Authority.--Section 312(b) of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b))
            is amended by adding at the end the following:
                ``(4) Waiver of general prohibition.--
                        ``(A) In general.--The President may waive the
                    general prohibition provided in subsection (a) upon
                    request of a Governor on behalf of the State or on
                    behalf of a person, business concern, or any other
                    entity suffering

    [[Page 132 STAT. 3443]]

                    losses as a result of a major disaster or emergency, if
                    the President finds such waiver is in the public
                    interest and will not result in waste, fraud, or abuse.
                    In making this decision, the President may consider the
                    following:
                              ``(i) The recommendations of the Administrator
                          of the Federal Emergency Management Agency made in
                          consultation with the Federal agency or agencies
                          administering the duplicative program.
                              ``(ii) If a waiver is granted, the assistance
                          to be funded is cost effective.
                              ``(iii) Equity and good conscience.
                              ``(iv) Other matters of public policy
                          considered appropriate by the President.
                        ``(B) Grant or denial of waiver.--A request under
                    subparagraph (A) shall be granted or denied not later
                    than 45 days after submission of such request.
                        ``(C) Prohibition on determination that loan is a
                    duplication.--Notwithstanding subsection (c), in
                    carrying out subparagraph (A), the President may not
                    determine that a loan is a duplication of assistance,
                    provided that all Federal assistance is used toward a
                    loss suffered as a result of the major disaster or
                    emergency.''.
                (2) <<NOTE: 42 USC 5155 note.>>  Limitation.--This
            subsection, including the amendment made by paragraph (1), shall
            not be construed to apply to section 406 or 408 of the Robert T.
            Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
            5172, 5174).
                (3) <<NOTE: 42 USC 5155 note.>>  Applicability.--The
            amendment made by paragraph (1) shall apply to any major
            disaster or emergency declared by the President under section
            401 or 501, respectively, of the Robert T. Stafford Disaster
            Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191)
            between January 1, 2016, and December 31, 2021.
                (4) <<NOTE: 42 USC 5155 note.>>  Sunset.--On the date that
            is 5 years after the date of enactment of this Act, section
            312(b) of the Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (42 U.S.C. 5155(b)) is amended by striking
            paragraph (4), as added by subsection (a)(1) of this section.
                (5) Report.--
                        (A) In general.--Not later than 1 year after the
                    date of enactment of this Act, the Administrator, in
                    coordination with other relevant Federal agencies, shall
                    submit to the congressional committees of jurisdiction a
                    report conducted by all relevant Federal agencies to
                    improve the comprehensive delivery of disaster
                    assistance to individuals following a major disaster or
                    emergency declaration under the Robert T. Stafford
                    Disaster Relief and Emergency Assistance Act.
                        (B) Contents.--The report required under
                    subparagraph (A) shall include both administrative
                    actions taken, or planned to be taken, by the agencies
                    as well as legislative proposals, where appropriate, of
                    the following:
                              (i) Efforts to improve coordination between
                          the Agency and other relevant Federal agencies
                          when delivering disaster assistance to
                          individuals.
                              (ii) Clarify the sequence of delivery of
                          disaster assistance to individuals from the
                          Agency, and other relevant Federal agencies.

    [[Page 132 STAT. 3444]]

                              (iii) Clarify the interpretation and
                          implementation of section 312 of the Robert T.
                          Stafford Disaster Relief and Emergency Assistance
                          Act (42 U.S.C. 5155) when providing disaster
                          assistance to individuals, including providing a
                          common interpretation across the Agency, and other
                          relevant Federal agencies, of the definitions and
                          requirements under such section 312.
                              (iv) Increase the effectiveness of
                          communication to applicants for assistance
                          programs for individuals after a disaster
                          declaration, including the breadth of programs
                          available and the potential impacts of utilizing
                          one program versus another.
                        (C) Report update.--Not later than 4 years after the
                    date of enactment of this subsection, the Administrator,
                    in coordination with other relevant Federal agencies,
                    shall submit to the congressional committees of
                    jurisdiction an update to the report required under
                    subparagraph (A).

        (b) <<NOTE: 42 USC 5170c note.>>  Funding of a Federally Authorized
    Water Resources Development Project.--
                (1) Eligible activities.--Notwithstanding section 312 of the
            Robert T. Stafford Disaster Relief and Emergency Assistance Act
            (42 U.S.C. 5155) and its implementing regulations, assistance
            provided pursuant to section 404 of such Act may be used to fund
            activities authorized for construction within the scope of a
            federally authorized water resources development project of the
            Army Corps of Engineers if such activities are also eligible
            activities under such section.
                (2) Federal funding.--All Federal funding provided under
            section 404 pursuant to this section shall be applied toward the
            Federal share of such project.
                (3) Non-federal match.--All non-Federal matching funds
            required under section 404 pursuant to this section shall be
            applied toward the non-Federal share of such project.
                (4) Total federal share.--Funding provided under section 404
            pursuant to this section may not exceed the total Federal share
            for such project.
                (5) No effect.--Nothing in this section shall--
                        (A) affect the cost-share requirement of a hazard
                    mitigation measure under section 404;
                        (B) affect the eligibility criteria for a hazard
                    mitigation measure under section 404;
                        (C) affect the cost share requirements of a
                    federally authorized water resources development
                    project; and
                        (D) affect the responsibilities of a non-Federal
                    interest with respect to the project, including those
                    related to the provision of lands, easements, rights-of-
                    way, dredge material disposal areas, and necessary
                    relocations.
                (6) Limitation.--If a federally authorized water resources
            development project of the Army Corps of Engineers is
            constructed with funding provided under section 404 pursuant to
            this subsection, no further Federal funding shall be provided
            for construction of such project.

    [[Page 132 STAT. 3445]]

    SEC. 1211. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY
                              HOUSING AND PERMANENT HOUSING
                              CONSTRUCTION.

        (a) State Role.--Section 408(f) of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
                (1) in paragraph (1)--
                        (A) by striking the paragraph heading and inserting
                    ``State- or indian tribal government-administered
                    assistance and other needs assistance.--'';
                        (B) in subparagraph (A)--
                              (i) by striking ``financial''; and
                              (ii) by striking ``subsection (e)'' and
                          inserting ``subsections (c)(1)(B), (c)(4), and (e)
                          if the President and the State or Indian tribal
                          government comply, as determined by the
                          Administrator, with paragraph (3)''; and
                        (C) in subparagraph (B)--
                              (i) by striking ``financial''; and
                              (ii) by striking ``subsection (e)'' and
                          inserting ``subsections (c)(1)(B), (c)(4), and
                          (e)''; and
                (2) by adding at the end the following:
                ``(3) Requirements.--
                        ``(A) Application.--A State or Indian tribal
                    government desiring to provide assistance under
                    subsection (c)(1)(B), (c)(4), or (e) shall submit to the
                    President an application for a grant to provide
                    financial assistance under the program.
                        ``(B) Criteria.--The President, in consultation and
                    coordination with State and Indian tribal governments,
                    shall establish criteria for the approval of
                    applications submitted under subparagraph (A). The
                    criteria shall include, at a minimum--
                              ``(i) a requirement that the State or Indian
                          tribal government submit a housing strategy under
                          subparagraph (C);
                              ``(ii) the demonstrated ability of the State
                          or Indian tribal government to manage the program
                          under this section;
                              ``(iii) there being in effect a plan approved
                          by the President as to how the State or Indian
                          tribal government will comply with applicable
                          Federal laws and regulations and how the State or
                          Indian tribal government will provide assistance
                          under its plan;
                              ``(iv) a requirement that the State or Indian
                          tribal government comply with rules and
                          regulations established pursuant to subsection
                          (j); and
                              ``(v) a requirement that the President, or the
                          designee of the President, comply with subsection
                          (i).
                        ``(C) Requirement of housing strategy.--
                              ``(i) In general.--A State or Indian tribal
                          government submitting an application under this
                          paragraph shall have an approved housing strategy,
                          which shall be developed and submitted to the
                          President for approval.
                              ``(ii) Requirements.--The housing strategy
                          required under clause (i) shall--

    [[Page 132 STAT. 3446]]

                                        ``(I) outline the approach of the
                                    State in working with Federal partners,
                                    Indian tribal governments, local
                                    communities, nongovernmental
                                    organizations, and individual disaster
                                    survivors to meet disaster-related
                                    sheltering and housing needs; and
                                        ``(II) include the establishment of
                                    an activation plan for a State Disaster
                                    Housing Task Force, as outlined in the
                                    National Disaster Housing Strategy, to
                                    bring together State, tribal, local,
                                    Federal, nongovernmental, and private
                                    sector expertise to evaluate housing
                                    requirements, consider potential
                                    solutions, recognize special needs
                                    populations, and propose
                                    recommendations.
                        ``(D) Quality assurance.--Before approving an
                    application submitted under this section, the President,
                    or the designee of the President, shall institute
                    adequate policies, procedures, and internal controls to
                    prevent waste, fraud, abuse, and program mismanagement
                    for this program and for programs under subsections
                    (c)(1)(B), (c)(4), and (e). The President shall monitor
                    and conduct quality assurance activities on a State or
                    Indian tribal government's implementation of programs
                    under subsections (c)(1)(B), (c)(4), and (e). If, after
                    approving an application of a State or Indian tribal
                    government submitted under this paragraph, the President
                    determines that the State or Indian tribal government is
                    not administering the program established by this
                    section in a manner satisfactory to the President, the
                    President shall withdraw the approval.
                        ``(E) Audits.--The Inspector General of the
                    Department of Homeland Security shall provide for
                    periodic audits of the programs administered by States
                    and Indian tribal governments under this subsection.
                        ``(F) Applicable laws.--All Federal laws applicable
                    to the management, administration, or contracting of the
                    programs by the Federal Emergency Management Agency
                    under this section shall be applicable to the
                    management, administration, or contracting by a non-
                    Federal entity under this section.
                        ``(G) Report on effectiveness.--Not later than 18
                    months after the date of enactment of this paragraph,
                    the Inspector General of the Department of Homeland
                    Security shall submit a report to the Committee on
                    Homeland Security and Governmental Affairs of the Senate
                    and the Committee on Transportation and Infrastructure
                    of the House of Representatives on the State or Indian
                    tribal government's role to provide assistance under
                    this section. The report shall contain an assessment of
                    the effectiveness of the State or Indian tribal
                    government's role in providing assistance under this
                    section, including--
                              ``(i) whether the State or Indian tribal
                          government's role helped to improve the general
                          speed of disaster recovery;
                              ``(ii) whether the State or Indian tribal
                          government providing assistance under this section
                          had the capacity to administer this section; and

    [[Page 132 STAT. 3447]]

                              ``(iii) recommendations for changes to improve
                          the program if the State or Indian tribal
                          government's role to administer the programs
                          should be continued.
                        ``(H) Report on incentives.--Not later than 12
                    months after the date of enactment of this paragraph,
                    the Administrator of the Federal Emergency Management
                    Agency shall submit a report to the Committee on
                    Homeland Security and Governmental Affairs of the Senate
                    and the Committee on Transportation and Infrastructure
                    of the House of Representatives on a potential incentive
                    structure for awards made under this section to
                    encourage participation by eligible States and Indian
                    tribal governments. In developing this report, the
                    Administrator of the Federal Emergency Management Agency
                    shall consult with State, local, and Indian tribal
                    entities to gain their input on any such incentive
                    structure to encourage participation and shall include
                    this information in the report. This report should
                    address, among other options, potential adjustments to
                    the cost-share requirement and management costs to State
                    and Indian tribal governments.
                        ``(I) Prohibition.--The President may not condition
                    the provision of Federal assistance under this Act on a
                    State or Indian tribal government requesting a grant
                    under this section.
                        ``(J) Miscellaneous.--
                              ``(i) Notice and comment.--The Administrator
                          of the Federal Emergency Management Agency may
                          waive notice and comment rulemaking with respect
                          to rules to carry out this section, if the
                          Administrator determines doing so is necessary to
                          expeditiously implement this section, and may
                          carry out this section as a pilot program until
                          such regulations are promulgated.
                              ``(ii) Final rule.--Not later than 2 years
                          after the date of enactment of this paragraph, the
                          Administrator of the Federal Emergency Management
                          Agency shall issue final regulations to implement
                          this subsection as amended by the Disaster
                          Recovery Reform Act of 2018.
                              ``(iii) Waiver and expiration.--The authority
                          under clause (i) and any pilot program implemented
                          pursuant to such clause shall expire 2 years after
                          the date of enactment of this paragraph or upon
                          issuance of final regulations pursuant to clause
                          (ii), whichever occurs sooner.''.

        (b) <<NOTE: 42 USC 5174 note.>>  Reimbursement.--The Federal
    Emergency Management Agency (FEMA) shall reimburse State and local units
    of government (for requests received within a period of 3 years after
    the declaration of a major disaster under section 401 of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170))
    upon determination that a locally implemented housing solution,
    implemented by State or local units of government--
                (1) costs 50 percent of comparable FEMA solution or whatever
            the locally implemented solution costs, whichever is lower;
                (2) complies with local housing regulations and ordinances;
            and

    [[Page 132 STAT. 3448]]

                (3) the housing solution was implemented within 90 days of
            the disaster.
    SEC. 1212. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

        Section 408(h) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
                (1) in paragraph (1), by inserting ``, excluding financial
            assistance to rent alternate housing accommodations under
            subsection (c)(1)(A)(i) and financial assistance to address
            other needs under subsection (e)'' after ``disaster'';
                (2) by redesignating paragraph (2) as paragraph (3);
                (3) by inserting after paragraph (1) the following:
                ``(2) Other needs assistance.--The maximum financial
            assistance any individual or household may receive under
            subsection (e) shall be equivalent to the amount set forth in
            paragraph (1) with respect to a single major disaster.'';
                (4) in paragraph (3) (as so redesignated), by striking
            ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and
                (5) by inserting after paragraph (3) (as so redesignated)
            the following:
                ``(4) Exclusion of necessary expenses for individuals with
            disabilities.--
                        ``(A) In general.--The maximum amount of assistance
                    established under paragraph (1) shall exclude expenses
                    to repair or replace damaged accessibility-related
                    improvements under paragraphs (2), (3), and (4) of
                    subsection (c) for individuals with disabilities.
                        ``(B) Other needs assistance.--The maximum amount of
                    assistance established under paragraph (2) shall exclude
                    expenses to repair or replace accessibility-related
                    personal property under subsection (e)(2) for
                    individuals with disabilities.''.
    SEC. 1213. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.

        (a) Lease and Repair of Rental Units for Temporary Housing.--Section
    408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended to
    read as follows:
                                        ``(II) Improvements or repairs.--
                                    Under the terms of any lease agreement
                                    for property entered into under this
                                    subsection, the value of the
                                    improvements or repairs shall be
                                    deducted from the value of the lease
                                    agreement.''.

        (b) Rental Properties Impacted.--Section 408(c)(1)(B)(ii)(I)(aa) of
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
                                                ``(aa) enter into lease
                                            agreements with owners of
                                            multifamily rental property
                                            impacted by a major disaster or
                                            located in areas covered by a
                                            major disaster declaration to
                                            house individuals and households
                                            eligible for assistance under
                                            this section; and''.

        (c) Inspector General Report.--Not later than 2 years after the date
    of the enactment of this Act, the inspector general of the Department of
    Homeland Security shall--

    [[Page 132 STAT. 3449]]

                (1) assess the use of the authority provided under section
            408(c)(1)(B) of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)), as amended
            by this division, including the adequacy of any benefit-cost
            analysis done to justify the use of this alternative; and
                (2) submit a report on the results of the assessment
            conducted under paragraph (1) to the appropriate committees of
            Congress.
    SEC. 1214. PRIVATE NONPROFIT FACILITY.

        Section 102(11)(B) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is amended by inserting
    ``food banks,'' after ``shelter workshops,''.
    SEC. 1215. MANAGEMENT COSTS.

        Section 324 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5165b) is amended--
                (1) in subsection (a) by striking ``any administrative
            expense, and any other expense not directly chargeable to'' and
            inserting ``any direct administrative cost, and any other
            administrative expense associated with''; and
                (2) in subsection (b)--
                        (A) by striking ``Notwithstanding'' and inserting
                    the following:
                ``(1) In general.--Notwithstanding'';
                        (B) in paragraph (1), as added by subparagraph (A),
                    by striking ``establish'' and inserting ``implement'';
                    and
                        (C) by adding at the end the following:
                ``(2) Specific management costs.--The Administrator of the
            Federal Emergency Management Agency shall provide the following
            percentage rates, in addition to the eligible project costs, to
            cover direct and indirect costs of administering the following
            programs:
                        ``(A) Hazard mitigation.--A grantee under section
                    404 may be reimbursed not more than 15 percent of the
                    total amount of the grant award under such section of
                    which not more than 10 percent may be used by the
                    grantee and 5 percent by the subgrantee for such costs.
                        ``(B) Public assistance.--A grantee under sections
                    403, 406, 407, and 502 may be reimbursed not more than
                    12 percent of the total award amount under such
                    sections, of which not more than 7 percent may be used
                    by the grantee and 5 percent by the subgrantee for such
                    costs.''.
    SEC. 1216. <<NOTE: 42 USC 5174a.>>  FLEXIBILITY.

        (a) Waiver Authority.--
                (1) Definition.--In this subsection, the term ``covered
            assistance'' means assistance provided--
                        (A) under section 408 of the Robert T. Stafford
                    Disaster Relief and Emergency Assistance Act (42 U.S.C.
                    5174); and
                        (B) in relation to a major disaster or emergency
                    declared by the President under section 401 or 501,
                    respectively, of the Robert T. Stafford Disaster Relief
                    and Emergency Assistance Act (42 U.S.C. 5170, 5191) on
                    or after October 28, 2012.
                (2) Authority.--Notwithstanding section 3716(e) of title 31,
            United States Code, the Administrator--

    [[Page 132 STAT. 3450]]

                        (A) subject to subparagraph (B), may waive a debt
                    owed to the United States related to covered assistance
                    provided to an individual or household if--
                              (i) the covered assistance was distributed
                          based on an error by the Agency;
                              (ii) there was no fault on behalf of the
                          debtor; and
                              (iii) the collection of the debt would be
                          against equity and good conscience; and
                        (B) may not waive a debt under subparagraph (A) if
                    the debt involves fraud, the presentation of a false
                    claim, or misrepresentation by the debtor or any party
                    having an interest in the claim.
                (3) Monitoring of covered assistance distributed based on
            error.--
                        (A) In general.--The Inspector General of the
                    Department of Homeland Security shall monitor the
                    distribution of covered assistance to individuals and
                    households to determine the percentage of such
                    assistance distributed based on an error.
                        (B) Removal of waiver authority based on excessive
                    error rate.--If the Inspector General of the Department
                    of Homeland Security determines, with respect to any 12-
                    month period, that the amount of covered assistance
                    distributed based on an error by the Agency exceeds 4
                    percent of the total amount of covered assistance
                    distributed--
                              (i) the Inspector General shall notify the
                          Administrator and publish the determination in the
                          Federal Register; and
                              (ii) with respect to any major disaster or
                          emergency declared by the President under section
                          401 or section 501, respectively, of the Robert T.
                          Stafford Disaster Relief and Emergency Assistance
                          Act (42 U.S.C. 5170; 42 U.S.C. 5191) after the
                          date on which the determination is published under
                          subparagraph (A), the authority of the
                          Administrator to waive debt under paragraph (2)
                          shall no longer be effective.

        (b) Recoupment of Certain Assistance Prohibited.--
                (1) In general.--Notwithstanding section 3716(e) of title
            31, United States Code, and unless there is evidence of civil or
            criminal fraud, the Agency may not take any action to recoup
            covered assistance from the recipient of such assistance if the
            receipt of such assistance occurred on a date that is more than
            3 years before the date on which the Agency first provides to
            the recipient written notification of an intent to recoup.
                (2) Covered assistance defined.--In this subsection, the
            term ``covered assistance'' means assistance provided--
                        (A) under section 408 of the Robert T. Stafford
                    Disaster Relief and Emergency Assistance Act (42 U.S.C.
                    5174); and
                        (B) in relation to a major disaster or emergency
                    declared by the President under section 401 or 501,
                    respectively, of such Act (42 U.S.C. 5170; 42 U.S.C.
                    5191) on or after January 1, 2012.

        (c)  Statute of Limitations.--

    [[Page 132 STAT. 3451]]

                (1) In general.--Section 705 of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is
            amended--
                        (A) in subsection (a)(1)--
                              (i) by striking ``Except'' and inserting
                          ``Notwithstanding section 3716(e) of title 31,
                          United States Code, and except''; and
                              (ii) by striking ``report for the disaster or
                          emergency'' and inserting ``report for project
                          completion as certified by the grantee''; and
                        (B) in subsection (b)--
                              (i) in paragraph (1) by striking ``report for
                          the disaster or emergency'' and inserting ``report
                          for project completion as certified by the
                          grantee''; and
                              (ii) in paragraph (3) by inserting ``for
                          project completion as certified by the grantee''
                          after ``final expenditure report''.
                (2) Applicability.--
                        (A) In general.--With respect to disaster or
                    emergency assistance provided to a State or local
                    government on or after January 1, 2004--
                              (i) no administrative action may be taken to
                          recover a payment of such assistance after the
                          date of enactment of this Act if the action is
                          prohibited under section 705(a)(1) of the Robert
                          T. Stafford Disaster Relief and Emergency
                          Assistance Act (42 U.S.C. 5205(a)(1)), as amended
                          by paragraph (1); and
                              (ii) any administrative action to recover a
                          payment of such assistance that is pending on such
                          date of enactment shall be terminated if the
                          action is prohibited under section 705(a)(1) of
                          that Act, as amended by paragraph (1).
                        (B) Limitation.--This section, including the
                    amendments made by this section, may not be construed to
                    invalidate or otherwise affect any administration action
                    completed before the date of enactment of this Act.
    SEC. 1217. ADDITIONAL DISASTER ASSISTANCE.

        (a) Disaster Mitigation.--Section 209 of the Public Works and
    Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding
    at the end the following:
        ``(e) Disaster Mitigation.--In providing assistance pursuant to
    subsection (c)(2), if appropriate and as applicable, the Secretary may
    encourage hazard mitigation in assistance provided pursuant to such
    subsection.''.
        (b) Emergency Management Assistance Compact Grants.--Section 661(d)
    of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
    761(d)) is amended by striking ``for fiscal year 2008'' and inserting
    ``for each of fiscal years 2018 through 2022''.
        (c) Emergency Management Performance Grants Program.--Section 662(f)
    of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
    762(f)) is amended by striking ``the program'' and all that follows
    through ``2012'' and inserting ``the program, for each of fiscal years
    2018 through 2022''.

    [[Page 132 STAT. 3452]]

        (d) Technical Amendment.--Section 403(a)(3) of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5170b(a)(3)) is amended by striking the second subparagraph (J).
    SEC. 1218. <<NOTE: 42 USC 5165g.>>  NATIONAL VETERINARY EMERGENCY
                              TEAMS.

        (a) In General.--The Administrator of the Federal Emergency
    Management Agency may establish one or more national veterinary
    emergency teams at accredited colleges of veterinary medicine.
        (b) Responsibilities.--A national veterinary emergency team shall--
                (1) deploy with a team of the National Urban Search and
            Rescue Response System to assist with--
                        (A) veterinary care of canine search teams;
                        (B) locating and treating companion animals, service
                    animals, livestock, and other animals; and
                        (C) surveillance and treatment of zoonotic diseases;
                (2) recruit, train, and certify veterinary professionals,
            including veterinary students, in accordance with an established
            set of plans and standard operating guidelines to carry out the
            duties associated with planning for and responding to major
            disasters and emergencies as described in paragraph (1);
                (3) assist State governments, Indian tribal governments,
            local governments, and nonprofit organizations in developing
            emergency management and evacuation plans that account for the
            care and rescue of animals and in improving local readiness for
            providing veterinary medical response during an emergency or
            major disaster; and
                (4) coordinate with the Department of Homeland Security, the
            Department of Health and Human Services, the Department of
            Agriculture, State, local, and Indian tribal governments
            (including departments of animal and human health), veterinary
            and health care professionals, and volunteers.
    SEC. 1219. RIGHT OF ARBITRATION.

        Section 423 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5189a) is amended by adding at the end the
    following:
        ``(d) Right of Arbitration.--
                ``(1) In general.--Notwithstanding this section, an
            applicant for assistance under this title may request
            arbitration to dispute the eligibility for assistance or
            repayment of assistance provided for a dispute of more than
            $500,000 for any disaster that occurred after January 1, 2016.
            Such arbitration shall be conducted by the Civilian Board of
            Contract Appeals and the decision of such Board shall be
            binding.
                ``(2) Review.--The Civilian Board of Contract Appeals shall
            consider from the applicant all original and additional
            documentation, testimony, or other such evidence supporting the
            applicant's position at any time during arbitration.
                ``(3) Rural areas.--For an applicant for assistance in a
            rural area under this title, the assistance amount eligible for
            arbitration pursuant to this subsection shall be $100,000.
                ``(4) Rural area defined.--For the purposes of this
            subsection, the term `rural area' means an area with a
            population of less than 200,000 outside an urbanized area.
                ``(5) Eligibility.--To participate in arbitration under this
            subsection, an applicant--

    [[Page 132 STAT. 3453]]

                        ``(A) shall submit the dispute to the arbitration
                    process established under the authority granted under
                    section 601 of Public Law 111-5; and
                        ``(B) may submit a request for arbitration after the
                    completion of the first appeal under subsection (a) at
                    any time before the Administrator of the Federal
                    Emergency Management Agency has issued a final agency
                    determination or 180 days after the Administrator's
                    receipt of the appeal if the Administrator has not
                    provided the applicant with a final determination on the
                    appeal. The applicant's request shall contain
                    documentation from the administrative record for the
                    first appeal and may contain additional documentation
                    supporting the applicant's position.''.
    SEC. 1220. <<NOTE: 42 USC 5189g note.>>  UNIFIED FEDERAL
                              ENVIRONMENTAL AND HISTORIC PRESERVATION
                              REVIEW.

        (a) Review and Analysis.--Not later than 180 days after the date of
    enactment of this Act, the Administrator shall review the Unified
    Federal Environmental and Historic Preservation review process
    established pursuant to section 429 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5189g), and submit a
    report to the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Homeland Security and
    Governmental Affairs of the Senate that includes the following:
                (1) An analysis of whether and how the unified process has
            expedited the interagency review process to ensure compliance
            with the environmental and historic requirements under Federal
            law relating to disaster recovery projects.
                (2) A survey and analysis of categorical exclusions used by
            other Federal agencies that may be applicable to any activity
            related to a major disaster or emergency declared by the
            President under section 401 or 501, respectively, of the Robert
            T. Stafford Disaster Relief and Emergency Assistance Act (42
            U.S.C. 5170, 5191).
                (3) Recommendations on any further actions, including any
            legislative proposals, needed to expedite and streamline the
            review process.

        (b) Regulations.--After completing the review, survey, and analyses
    under subsection (a), but not later than 2 years after the date of
    enactment of this Act, and after providing notice and opportunity for
    public comment, the Administrator shall issue regulations to implement
    any regulatory recommendations, including any categorical exclusions
    identified under subsection (a), to the extent that the categorical
    exclusions meet the criteria for a categorical exclusion under section
    1508.4 of title 40, Code of Federal Regulations, and section II of DHS
    Instruction Manual 023-01-001-01.
    SEC. 1221. CLOSEOUT INCENTIVES.

        (a) Facilitating Closeout.--Section 705 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended
    by adding at the end the following:
        ``(d) Facilitating Closeout.--
                ``(1) Incentives.--The Administrator of the Federal
            Emergency Management Agency may develop incentives and penalties
            that encourage State, local, or Indian tribal governments

    [[Page 132 STAT. 3454]]

            to close out expenditures and activities on a timely basis
            related to disaster or emergency assistance.
                ``(2) Agency requirements.--The Federal Emergency Management
            Agency shall, consistent with applicable regulations and
            required procedures, meet its responsibilities to improve
            closeout practices and reduce the time to close disaster program
            awards.''.

        (b) <<NOTE: 42 USC 5205 note.>>  Regulations.--The Administrator
    shall issue regulations to implement the amendment made by this section.
    SEC. 1222. PERFORMANCE OF SERVICES.

        Section 306 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5149) is amended by adding at the end the
    following:
        ``(c) The Administrator of the Federal Emergency Management Agency
    is authorized to appoint temporary personnel, after serving continuously
    for 3 years, to positions in the Federal Emergency Management Agency in
    the same manner that competitive service employees with competitive
    status are considered for transfer, reassignment, or promotion to such
    positions. An individual appointed under this subsection shall become a
    career-conditional employee, unless the employee has already completed
    the service requirements for career tenure.''.
    SEC. 1223. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION
                              COLLECTION.

        Not later than 1 year after the date of enactment of this Act, the
    Administrator--
                (1) in coordination with the Small Business Administration,
            the Department of Housing and Urban Development, the Disaster
            Assistance Working Group of the Council of the Inspectors
            General on Integrity and Efficiency, and other appropriate
            agencies, conduct a study and develop a plan, consistent with
            law, under which the collection of information from disaster
            assistance applicants and grantees will be modified,
            streamlined, expedited, efficient, flexible, consolidated, and
            simplified to be less burdensome, duplicative, and time
            consuming for applicants and grantees;
                (2) in coordination with the Small Business Administration,
            the Department of Housing and Urban Development, the Disaster
            Assistance Working Group of the Council of the Inspectors
            General on Integrity and Efficiency, and other appropriate
            agencies, develop a plan for the regular collection and
            reporting of information on Federal disaster assistance awarded,
            including the establishment and maintenance of a website for
            presenting the information to the public; and
                (3) submit the plans developed under paragraphs (1) and (2)
            to the Committee on Transportation and Infrastructure of the
            House of Representatives and the Committee on Homeland Security
            and Governmental Affairs of the Senate.
    SEC. 1224. AGENCY ACCOUNTABILITY.

        Title IV of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
    the following:

    [[Page 132 STAT. 3455]]

    ``SEC. 430. <<NOTE: 42 USC 5189h.>>  AGENCY ACCOUNTABILITY.

        ``(a) Public Assistance.--Not later than 5 days after an award of a
    public assistance grant is made under section 406 that is in excess of
    $1,000,000, the Administrator of the Federal Emergency Management Agency
    shall publish on the website of the Federal Emergency Management Agency
    the specifics of each such grant award, including--
                ``(1) identifying the Federal Emergency Management Agency
            Region;
                ``(2) the disaster or emergency declaration number;
                ``(3) the State, county, and applicant name;
                ``(4) if the applicant is a private nonprofit organization;
                ``(5) the damage category code;
                ``(6) the amount of the Federal share obligated; and
                ``(7) the date of the award.

        ``(b) Mission Assignments.--
                ``(1) In general.--Not later than 5 days after the issuance
            of a mission assignment or mission assignment task order, the
            Administrator of the Federal Emergency Management Agency shall
            publish on the website of the Federal Emergency Management
            Agency any mission assignment or mission assignment task order
            to another Federal department or agency regarding a major
            disaster in excess of $1,000,000, including--
                        ``(A) the name of the impacted State or Indian
                    Tribe;
                        ``(B) the disaster declaration for such State or
                    Indian Tribe;
                        ``(C) the assigned agency;
                        ``(D) the assistance requested;
                        ``(E) a description of the disaster;
                        ``(F) the total cost estimate;
                        ``(G) the amount obligated;
                        ``(H) the State or Indian tribal government cost
                    share, if applicable;
                        ``(I) the authority under which the mission
                    assignment or mission assignment task order was
                    directed; and
                        ``(J) if applicable, the date a State or Indian
                    Tribe requested the mission assignment.
                ``(2) Recording changes.--Not later than 10 days after the
            last day of each month until a mission assignment or mission
            assignment task order described in paragraph (1) is completed
            and closed out, the Administrator of the Federal Emergency
            Management Agency shall update any changes to the total cost
            estimate and the amount obligated.

        ``(c) Disaster Relief Monthly Report.--Not later than 10 days after
    the first day of each month, the Administrator of the Federal Emergency
    Management Agency shall publish on the website of the Federal Emergency
    Management Agency reports, including a specific description of the
    methodology and the source data used in developing such reports,
    including--
                ``(1) an estimate of the amounts for the fiscal year covered
            by the President's most recent budget pursuant to section
            1105(a) of title 31, United States Code, including--
                        ``(A) the unobligated balance of funds to be carried
                    over from the prior fiscal year to the budget year;
                        ``(B) the unobligated balance of funds to be carried
                    over from the budget year to the budget year plus 1;

    [[Page 132 STAT. 3456]]

                        ``(C) the amount of obligations for noncatastrophic
                    events for the budget year;
                        ``(D) the amount of obligations for the budget year
                    for catastrophic events delineated by event and by
                    State;
                        ``(E) the total amount that has been previously
                    obligated or will be required for catastrophic events
                    delineated by event and by State for all prior years,
                    the current fiscal year, the budget year, and each
                    fiscal year thereafter;
                        ``(F) the amount of previously obligated funds that
                    will be recovered for the budget year;
                        ``(G) the amount that will be required for
                    obligations for emergencies, as described in section
                    102(1), major disasters, as described in section 102(2),
                    fire management assistance grants, as described in
                    section 420, surge activities, and disaster readiness
                    and support activities; and
                        ``(H) the amount required for activities not covered
                    under section 251(b)(2)(D)(iii) of the Balanced Budget
                    and Emergency Deficit Control Act of 1985 (2 U.S.C.
                    901(b)(2)(D)(iii)); and
                ``(2) an estimate or actual amounts, if available, of the
            following for the current fiscal year, which shall be submitted
            not later than the fifth day of each month, published by the
            Administrator of the Federal Emergency Management Agency on the
            website of the Federal Emergency Management Agency not later
            than the fifth day of each month:
                        ``(A) A summary of the amount of appropriations made
                    available by source, the transfers executed, the
                    previously allocated funds recovered, and the
                    commitments, allocations, and obligations made.
                        ``(B) A table of disaster relief activity delineated
                    by month, including--
                              ``(i) the beginning and ending balances;
                              ``(ii) the total obligations to include
                          amounts obligated for fire assistance,
                          emergencies, surge, and disaster support
                          activities;
                              ``(iii) the obligations for catastrophic
                          events delineated by event and by State; and
                              ``(iv) the amount of previously obligated
                          funds that are recovered.
                        ``(C) A summary of allocations, obligations, and
                    expenditures for catastrophic events delineated by
                    event.
                        ``(D) The cost of the following categories of
                    spending:
                              ``(i) Public assistance.
                              ``(ii) Individual assistance.
                              ``(iii) Mitigation.
                              ``(iv) Administrative.
                              ``(v) Operations.
                              ``(vi) Any other relevant category (including
                          emergency measures and disaster resources)
                          delineated by disaster.
                        ``(E) The date on which funds appropriated will be
                    exhausted.

        ``(d) Contracts.--
                ``(1) Information.--Not later than 10 days after the first
            day of each month, the Administrator of the Federal Emergency
            Management Agency shall publish on the website of the Federal
            Emergency Management Agency the specifics of each contract

    [[Page 132 STAT. 3457]]

            in excess of $1,000,000 that the Federal Emergency Management
            Agency enters into, including--
                        ``(A) the name of the party;
                        ``(B) the date the contract was awarded;
                        ``(C) the amount and scope of the contract;
                        ``(D) if the contract was awarded through a
                    competitive bidding process;
                        ``(E) if no competitive bidding process was used,
                    the reason why competitive bidding was not used; and
                        ``(F) the authority used to bypass the competitive
                    bidding process.
            The information shall be delineated by disaster, if applicable,
            and specify the damage category code, if applicable.
                ``(2) Report.--Not later than 10 days after the last day of
            the fiscal year, the Administrator of the Federal Emergency
            Management Agency shall provide a report to the appropriate
            committees of Congress summarizing the following information for
            the preceding fiscal year:
                        ``(A) The number of contracts awarded without
                    competitive bidding.
                        ``(B) The reasons why a competitive bidding process
                    was not used.
                        ``(C) The total amount of contracts awarded with no
                    competitive bidding.
                        ``(D) The damage category codes, if applicable, for
                    contracts awarded without competitive bidding.

        ``(e) Collection of Public Assistance Recipient and Subrecipient
    Contracts.--
                ``(1) In general.--Not later than 180 days after the date of
            enactment of this subsection, the Administrator of the Federal
            Emergency Management Agency shall initiate and maintain an
            effort to collect and store information, prior to the project
            closeout phase on any contract entered into by a public
            assistance recipient or subrecipient that through the base
            award, available options, or any subsequent modifications has an
            estimated value of more than $1,000,000 and is funded through
            section 324, 403, 404, 406, 407, 428, or 502, including--
                        ``(A) the disaster number, project worksheet number,
                    and the category of work associated with each contract;
                        ``(B) the name of each party;
                        ``(C) the date the contract was awarded;
                        ``(D) the amount of the contract;
                        ``(E) the scope of the contract;
                        ``(F) the period of performance for the contract;
                    and
                        ``(G) whether the contract was awarded through a
                    competitive bidding process.
                ``(2) Availability of information collected.--The
            Administrator of the Federal Emergency Management Agency shall
            make the information collected and stored under paragraph (1)
            available to the Inspector General of the Department of Homeland
            Security, the Government Accountability Office, and appropriate
            committees of Congress, upon request.
                ``(3) Report.--Not later than 365 days after the date of
            enactment of this subsection, the Administrator of the Federal
            Emergency Management Agency shall submit a report to the
            Committee on Homeland Security and Governmental Affairs

    [[Page 132 STAT. 3458]]

            of the Senate and the Committee on Transportation and
            Infrastructure of the House of Representatives on the efforts of
            the Federal Emergency Management Agency to collect the
            information described in paragraph (1).''.
    SEC. 1225. <<NOTE: 42 USC 5161a.>>  AUDIT OF CONTRACTS.

        Notwithstanding any other provision of law, the Administrator of the
    Federal Emergency Management Agency shall not reimburse a State or local
    government, an Indian tribal government (as defined in section 102 of
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5122), or the owner or operator of a private nonprofit facility
    (as defined in section 102 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5122) for any activities made
    pursuant to a contract entered into after August 1, 2017, that prohibits
    the Administrator or the Comptroller General of the United States from
    auditing or otherwise reviewing all aspects relating to the contract.
    SEC. 1226. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND
                              PLASTIC SHEETING.

        (a) In General.--Not later than 30 days after the date of enactment
    of this Act, the Inspector General of the Department of Homeland
    Security shall initiate an audit of the contracts awarded by the Agency
    for tarps and plastic sheeting for the Commonwealth of Puerto Rico and
    the United States Virgin Islands in response to Hurricane Irma and
    Hurricane Maria.
        (b) Considerations.--In carrying out the audit under subsection (a),
    the inspector general shall review--
                (1) the contracting process used by the Agency to evaluate
            offerors and award the relevant contracts to contractors;
                (2) the assessment conducted by the Agency of the past
            performance of the contractors, including any historical
            information showing that the contractors had supported large-
            scale delivery quantities in the past;
                (3) the assessment conducted by the Agency of the capacity
            of the contractors to carry out the relevant contracts,
            including with respect to inventory, production, and financial
            capabilities;
                (4) how the Agency ensured that the contractors met the
            terms of the relevant contracts; and
                (5) whether the failure of the contractors to meet the terms
            of the relevant contracts and the subsequent cancellation by the
            Agency of the relevant contracts affected the provision of tarps
            and plastic sheeting to the Commonwealth of Puerto Rico and the
            United States Virgin Islands.

        (c) Report.--Not later than 270 days after the date of initiation of
    the audit under subsection (a), the inspector general shall submit to
    the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Homeland Security and Governmental
    Affairs of the Senate a report on the results of the audit, including
    findings and recommendations.
    SEC. 1227. RELIEF ORGANIZATIONS.

        Section 309 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5152) is amended--
                (1) in subsection (a), by striking ``and other relief or''
            and inserting ``long-term recovery groups, domestic hunger
            relief, and other relief, or''; and

    [[Page 132 STAT. 3459]]

                (2) in subsection (b), by striking ``and other relief or''
            and inserting ``long-term recovery groups, domestic hunger
            relief, and other relief, or''.
    SEC. 1228. <<NOTE: 42 USC 5172 note.>>  GUIDANCE ON INUNDATED AND
                              SUBMERGED ROADS.

        The Administrator of the Federal Emergency Management Agency, in
    coordination with the Administrator of the Federal Highway
    Administration, shall develop and issue guidance for State, local, and
    Indian tribal governments regarding repair, restoration, and replacement
    of inundated and submerged roads damaged or destroyed by a major
    disaster, and for associated expenses incurred by the Government, with
    respect to roads eligible for assistance under section 406 of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5172).
    SEC. 1229. EXTENSION OF ASSISTANCE.

        (a) In General.--Notwithstanding any other provision of law, in the
    case of an individual eligible to receive unemployment assistance under
    section 410(a) of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5177(a)) as a result of a disaster declaration
    made for Hurricane Irma and Hurricane Maria in the Commonwealth of
    Puerto Rico and the United States Virgin Islands, the President shall
    make such assistance available for 52 weeks after the date of the
    disaster declaration effective as if enacted at the time of the disaster
    declaration.
        (b) No Additional Funds Authorized.--No additional funds are
    authorized to carry out the requirements of this section.
    SEC. 1230. <<NOTE: 42 USC 5172 note.>>  GUIDANCE AND
                              RECOMMENDATIONS.

        (a) Guidance.--The Administrator shall provide guidance to a common
    interest community that provides essential services of a governmental
    nature on actions that a common interest community may take in order to
    be eligible to receive reimbursement from a grantee that receives funds
    from the Agency for certain activities performed after an event that
    results in a major disaster declared by the President under section 401
    of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
    (42 U.S.C. 5170).
        (b) Recommendations.--Not later than 90 days after the date of
    enactment of this Act, the Administrator shall provide to the Committee
    on Transportation and Infrastructure of the House of Representatives and
    the Committee on Homeland Security and Governmental Affairs of the
    Senate a legislative proposal on how to provide eligibility for disaster
    assistance with respect to common areas of condominiums and housing
    cooperatives.
        (c) Effective Date.--This section shall be effective on the date of
    enactment of this Act.
    SEC. 1231. <<NOTE: 42 USC 5172 note.>>  GUIDANCE ON HAZARD
                              MITIGATION ASSISTANCE.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall issue guidance regarding the
    acquisition of property for open space as a mitigation measure under
    section 404 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5170c) that includes--
                (1) a process by which the State hazard mitigation officer
            appointed for such an acquisition shall, not later than 60 days
            after the applicant for assistance enters into an agreement

    [[Page 132 STAT. 3460]]

            with the Administrator regarding the acquisition, provide
            written notification to each affected unit of local government
            for such acquisition that includes--
                        (A) the location of the acquisition;
                        (B) the State-local assistance agreement for the
                    hazard mitigation grant program;
                        (C) a description of the acquisition; and
                        (D) a copy of the deed restriction; and
                (2) recommendations for entering into and implementing a
            memorandum of understanding between units of local government
            and covered entities that includes provisions to allow an
            affected unit of local government notified under paragraph (1)
            to--
                        (A) use and maintain the open space created by such
                    a project, consistent with section 404 (including
                    related regulations, standards, and guidance) and
                    consistent with all adjoining property, subject to the
                    notification of the adjoining property, so long as the
                    cost of the maintenance is borne by the local
                    government; and
                        (B) maintain the open space pursuant to standards
                    exceeding any local government standards defined in the
                    agreement with the Administrator described under
                    paragraph (1).

        (b) Definitions.--In this section:
                (1) Affected unit of local government.--The term ``affected
            unit of local government'' means any entity covered by the
            definition of local government in section 102 of the Robert T.
            Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
            5122), that has jurisdiction over the property subject to the
            acquisition described in subsection (a).
                (2) Covered entity.--The term ``covered entity'' means--
                        (A) the grantee or subgrantee receiving assistance
                    for an open space project described in subsection (a);
                        (B) the State in which such project is located; and
                        (C) the applicable Regional Administrator of the
                    Agency.
    SEC. 1232. <<NOTE: 42 USC 5170 note.>>  LOCAL IMPACT.

        (a) In General.--In making recommendations to the President
    regarding a major disaster declaration, the Administrator of the Federal
    Emergency Management Agency shall give greater consideration to severe
    local impact or recent multiple disasters. Further, the Administrator
    shall make corresponding adjustments to the Agency's policies and
    regulations regarding such consideration. Not later than 1 year after
    the date of enactment of this section, the Administrator shall report to
    the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Homeland Security and Governmental
    Affairs of the Senate on the changes made to regulations and policies
    and the number of declarations that have been declared based on the new
    criteria.
        (b) Effective Date.--This section shall be effective on the date of
    enactment of this Act.
    SEC. 1233. ADDITIONAL HAZARD MITIGATION ACTIVITIES.

        Section 404 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5170c), as amended by this division, is
    further amended by adding at the end the following:

    [[Page 132 STAT. 3461]]

        ``(g) Use of Assistance for Earthquake Hazards.--Recipients of
    hazard mitigation assistance provided under this section and section 203
    may use the assistance to conduct activities to help reduce the risk of
    future damage, hardship, loss, or suffering in any area affected by
    earthquake hazards, including--
                ``(1) improvements to regional seismic networks in support
            of building a capability for earthquake early warning;
                ``(2) improvements to geodetic networks in support of
            building a capability for earthquake early warning; and
                ``(3) improvements to seismometers, Global Positioning
            System receivers, and associated infrastructure in support of
            building a capability for earthquake early warning.''.
    SEC. 1234. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD
                              MITIGATION.

        (a) Predisaster Hazard Mitigation.--Section 203 of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133)
    is amended--
                (1) in subsection (c) by inserting ``Public Infrastructure''
            after ``the National'';
                (2) in subsection (e)(1)(B)--
                        (A) by striking ``or'' at the end of clause (ii);
                        (B) by striking the period at the end of clause
                    (iii) and inserting ``; or''; and
                        (C) by adding at the end the following:
                              ``(iv) to establish and carry out enforcement
                          activities and implement the latest published
                          editions of relevant consensus-based codes,
                          specifications, and standards that incorporate the
                          latest hazard-resistant designs and establish
                          minimum acceptable criteria for the design,
                          construction, and maintenance of residential
                          structures and facilities that may be eligible for
                          assistance under this Act for the purpose of
                          protecting the health, safety, and general welfare
                          of the buildings' users against disasters.'';
                (3) in subsection (f)--
                        (A) in paragraph (1) by inserting ``for mitigation
                    activities that are cost effective'' after ``competitive
                    basis''; and
                        (B) by adding at the end the following:
                ``(3) Redistribution of unobligated amounts.--The President
            may--
                        ``(A) withdraw amounts of financial assistance made
                    available to a State (including amounts made available
                    to local governments of a State) under this subsection
                    that remain unobligated by the end of the third fiscal
                    year after the fiscal year for which the amounts were
                    allocated; and
                        ``(B) in the fiscal year following a fiscal year in
                    which amounts were withdrawn under subparagraph (A), add
                    the amounts to any other amounts available to be awarded
                    on a competitive basis pursuant to paragraph (1).'';
                (4) in subsection (g)--
                        (A) by inserting ``provide financial assistance only
                    in States that have received a major disaster
                    declaration in the previous 7 years, or to any Indian
                    tribal government located partially or entirely within
                    the boundaries of such States, and'' after ``the
                    President shall'';

    [[Page 132 STAT. 3462]]

                        (B) in paragraph (9) by striking ``and'' at the end;
                        (C) by redesignating paragraph (10) as paragraph
                    (12); and
                        (D) by adding after paragraph (9) the following:
                ``(10) the extent to which the State, local, Indian tribal,
            or territorial government has facilitated the adoption and
            enforcement of the latest published editions of relevant
            consensus-based codes, specifications, and standards, including
            amendments made by State, local, Indian tribal, or territorial
            governments during the adoption process that incorporate the
            latest hazard-resistant designs and establish criteria for the
            design, construction, and maintenance of residential structures
            and facilities that may be eligible for assistance under this
            Act for the purpose of protecting the health, safety, and
            general welfare of the buildings' users against disasters;
                ``(11) the extent to which the assistance will fund
            activities that increase the level of resiliency; and'';
                (5) by striking subsection (i) and inserting the following:

        ``(i) National Public Infrastructure Predisaster Mitigation
    Assistance.--
                ``(1) In general.--The President may set aside from the
            Disaster Relief Fund, with respect to each major disaster, an
            amount equal to 6 percent of the estimated aggregate amount of
            the grants to be made pursuant to sections 403, 406, 407, 408,
            410, 416, and 428 for the major disaster in order to provide
            technical and financial assistance under this section and such
            set aside shall be deemed to be related to activities carried
            out pursuant to major disasters under this Act.
                ``(2) Estimated aggregate amount.--Not later than 180 days
            after each major disaster declaration pursuant to this Act, the
            estimated aggregate amount of grants for purposes of paragraph
            (1) shall be determined by the President and such estimated
            amount need not be reduced, increased, or changed due to
            variations in estimates.
                ``(3) No reduction in amounts.--The amount set aside
            pursuant to paragraph (1) shall not reduce the amounts otherwise
            made available for sections 403, 404, 406, 407, 408, 410, 416,
            and 428 under this Act.''; and
                (6) by striking subsections (j) and (m);
                (7) by redesignating subsections (k), (l), and (n) as
            subsections (j), (k), and (l), respectively and
                (8) by adding at the end the following:

        ``(m) Latest Published Editions.--For purposes of subsections
    (e)(1)(B)(iv) and (g)(10), the term `latest published editions' means,
    with respect to relevant consensus-based codes, specifications, and
    standards, the 2 most recently published editions.''.
        (b) <<NOTE: 42 USC 5133 note.>>  Applicability.--The amendments made
    to section 203 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of subsection
    (a) shall apply to funds appropriated on or after the date of enactment
    of this Act.

        (c) Sense of Congress.--It is the sense of Congress that--
                (1) all funding expended from the National Public
            Infrastructure Predisaster Mitigation Assistance created by
            Section 203(i)(1) of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5133), as added by this
            section, shall not be considered part of FEMA's regular
            appropriations

    [[Page 132 STAT. 3463]]

            for non-Stafford activities, also known as the Federal Emergency
            Management Agency's Disaster Relief Fund base; and
                (2) the President should have the funds related to the
            National Public Infrastructure Predisaster Mitigation Assistance
            created by Section 203(i)(1) of the Robert T. Stafford Disaster
            Relief and Emergency Assistance Act (42 U.S.C. 5133), as added
            by this section, identified in and allocated from the Federal
            Emergency Management Agency's Disaster Relief Fund for major
            disasters declared pursuant to the Robert T. Stafford Disaster
            Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

        (d) <<NOTE: 42 USC 5133 note.>>  Sunset.--On the date that is 5
    years after the date of enactment of this Act, section 203 of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5133) is amended by striking subsection (m), as added by subsection
    (a)(8) of this section.
    SEC. 1235. ADDITIONAL MITIGATION ACTIVITIES.

        (a) Hazard Mitigation Clarification.--Section 404(a) of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5170c(a)) is amended by striking the first sentence and inserting the
    following: ``The President may contribute up to 75 percent of the cost
    of hazard mitigation measures which the President has determined are
    cost effective and which substantially reduce the risk of, or increase
    resilience to, future damage, hardship, loss, or suffering in any area
    affected by a major disaster.''.
        (b) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A))
    is amended--
                (1) in the matter preceding clause (i), by inserting after
            ``section,'' the following: ``for disasters declared on or after
            August 1, 2017, or a disaster in which a cost estimate has not
            yet been finalized for a project, or for any project for which
            the finalized cost estimate is on appeal,'';
                (2) in clause (i), by striking ``and'' at the end;
                (3) in clause (ii)--
                        (A) by striking ``codes, specifications, and
                    standards'' and inserting ``the latest published
                    editions of relevant consensus-based codes,
                    specifications, and standards that incorporate the
                    latest hazard-resistant designs and establish minimum
                    acceptable criteria for the design, construction, and
                    maintenance of residential structures and facilities
                    that may be eligible for assistance under this Act for
                    the purposes of protecting the health, safety, and
                    general welfare of a facility's users against
                    disasters'';
                        (B) by striking ``applicable at the time at which
                    the disaster occurred''; and
                        (C) by striking the period at the end and inserting
                    ``; and''; and
                (4) by adding at the end the following:
                              ``(iii) in a manner that allows the facility
                          to meet the definition of resilient developed
                          pursuant to this subsection.''.

        (c) Other Eligible Cost.--Section 406(e)(1) of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5172(e)(1)) is further amended by adding at the end the following:

    [[Page 132 STAT. 3464]]

                        ``(C) Contributions.--Contributions for the eligible
                    cost made under this section may be provided on an
                    actual cost basis or on cost-estimation procedures.''.

        (d) New Rules.--Section 406(e) of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5172(e)) is further
    amended by adding at the end the following:
                ``(5) New rules.--
                        ``(A) In general.--Not later than 18 months after
                    the date of enactment of this paragraph, the President,
                    acting through the Administrator of the Federal
                    Emergency Management Agency, and in consultation with
                    the heads of relevant Federal departments and agencies,
                    shall issue a final rulemaking that defines the terms
                    `resilient' and `resiliency' for purposes of this
                    subsection.
                        ``(B) Interim guidance.--Not later than 60 days
                    after the date of enactment of this paragraph, the
                    Administrator shall issue interim guidance to implement
                    this subsection. Such interim guidance shall expire 18
                    months after the date of enactment of this paragraph or
                    upon issuance of final regulations pursuant to
                    subparagraph (A), whichever occurs first.
                        ``(C) Guidance.--Not later than 90 days after the
                    date on which the Administrator issues the final
                    rulemaking under this paragraph, the Administrator shall
                    issue any necessary guidance related to the rulemaking.
                        ``(D) Report.--Not later than 2 years after the date
                    of enactment of this paragraph, the Administrator shall
                    submit to Congress a report summarizing the regulations
                    and guidance issued pursuant to this paragraph.''.

        (e) Conforming Amendment.--Section 205(d)(2) of the Disaster
    Mitigation Act of 2000 (42 U.S.C. 5172 note) is amended by inserting
    ``(B)'' after ``except that paragraph (1)''.
    SEC. 1236. <<NOTE: 42 USC 5196g.>>  GUIDANCE AND TRAINING BY FEMA
                              ON COORDINATION OF EMERGENCY RESPONSE
                              PLANS.

        (a) Training Requirement.--The Administrator, in coordination with
    other relevant agencies, shall provide guidance and training on an
    annual basis to State, local, and Indian tribal governments, first
    responders, and facilities that store hazardous materials on
    coordination of emergency response plans in the event of a major
    disaster or emergency, including severe weather events. The guidance and
    training shall include the following:
                (1) Providing a list of equipment required in the event a
            hazardous substance is released into the environment.
                (2) Outlining the health risks associated with exposure to
            hazardous substances to improve treatment response.
                (3) Publishing best practices for mitigating further danger
            to communities from hazardous substances.

        (b) Implementation.--The requirement of subsection (a) shall be
    implemented not later than 180 days after the date of enactment of this
    Act.
    SEC. 1237. <<NOTE: 42 USC 5205a.>>  CERTAIN RECOUPMENT PROHIBITED.

        (a) In General.--Notwithstanding any other provision of law, the
    Agency shall deem any covered disaster assistance to have been properly
    procured, provided, and utilized, and shall restore any funding of
    covered disaster assistance previously provided but subsequently
    withdrawn or deobligated.

    [[Page 132 STAT. 3465]]

        (b) Covered Disaster Assistance Defined.--In this section, the term
    ``covered disaster assistance'' means assistance--
                (1) provided to a local government pursuant to section 403,
            406, or 407 of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173); and
                (2) with respect to which the inspector general of the
            Department of Homeland Security has determined, after an audit,
            that--
                        (A) the Agency deployed to the local government a
                    Technical Assistance Contractor to review field
                    operations, provide eligibility advice, and assist with
                    day-to-day decisions;
                        (B) the Technical Assistance Contractor provided
                    inaccurate information to the local government; and
                        (C) the local government relied on the inaccurate
                    information to determine that relevant contracts were
                    eligible, reasonable, and reimbursable.

        (c) Effective Date.--This section shall be effective on the date of
    enactment of this Act.
    SEC. 1238. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS AND
                              NONPROFIT FACILITIES.

        (a) <<NOTE: 42 USC 5174b.>>  Critical Document Fee Waiver.--
                (1) In general.--Notwithstanding section 1 of the Passport
            Act of June 4, 1920 (22 U.S.C. 214) or any other provision of
            law, the President, in consultation with the Governor of a
            State, may provide a waiver under this subsection to an
            individual or household described in section 408(e)(1) of the
            Robert T. Stafford Disaster Relief and Emergency Assistance Act
            (42 U.S.C. 5174(e)(1)) for the following document replacement
            fees:
                        (A) The passport application fee for individuals who
                    lost their United States passport in a major disaster
                    within the preceding three calendar years.
                        (B) The file search fee for a United States
                    passport.
                        (C) The Application for Waiver of Passport and/or
                    Visa form (Form I-193) fee.
                        (D) The Permanent Resident Card replacement form
                    (Form I-90) filing fee.
                        (E) The Declaration of Intention form (Form N-300)
                    filing fee.
                        (F) The Naturalization/Citizenship Document
                    replacement form (Form N-565) filing fee.
                        (G) The Employment Authorization form (Form I-765)
                    filing fee.
                        (H) The biometric service fee.
                (2) Exemption from form requirement.--The authority of the
            President to waive fees under subparagraphs (C) through (H) of
            paragraph (1) applies regardless of whether the individual or
            household qualifies for a Form I-912 Request for Fee Waiver, or
            any successor thereto.
                (3) Exemption from assistance maximum.--The assistance limit
            in section 408(h) of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5174(h)) shall not apply to
            any fee waived under this subsection.

    [[Page 132 STAT. 3466]]

                (4) Report.--Not later than 365 days after the date of
            enactment of this subsection, the Administrator and the head of
            any other agency given critical document fee waiver authority
            under this subsection shall submit a report to the Committee on
            Homeland Security and Governmental Affairs of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives on the costs associated with providing critical
            document fee waivers as described in paragraph (1).

        (b) Federal Assistance to Private Nonprofit Childcare Facilities.--
    Section 102(11)(A) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5122(11)(A)) is amended--
                (1) in the second subparagraph (A) (as added by Public Law
            115-123), by inserting ``center-based childcare,'' after
            ``facility),''; and
                (2) in the first subparagraph (A), by striking ``(a) in
            general.--The term `private nonprofit facility' means private
            nonprofit educational, utility'' and all that follows through
            ``President.''.

        (c) <<NOTE: 42 USC 5122 note.>>  Applicability.--The amendment made
    by subsection (b)(1) shall apply to any major disaster or emergency
    declared by the President under section 401 or 501, respectively, of the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5170, 5191) on or after the date of enactment of this Act.
    SEC. 1239. <<NOTE: 42 USC 5170 note.>>  COST OF ASSISTANCE
                              ESTIMATES.

        (a) In General.--Not later than 270 days after the date of enactment
    of this Act, the Administrator shall review the factors considered when
    evaluating a request for a major disaster declaration under the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
    et seq.), specifically the estimated cost of the assistance, and provide
    a report and briefing to the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives.
        (b) Rulemaking.--Not later than 2 years after the date of enactment
    of this Act, the Administrator shall review and initiate a rulemaking to
    update the factors considered when evaluating a Governor's request for a
    major disaster declaration, including reviewing how the Agency estimates
    the cost of major disaster assistance, and consider other impacts on the
    capacity of a jurisdiction to respond to disasters. In determining the
    capacity of a jurisdiction to respond to disasters, and prior to the
    issuance of such a rule, the Administrator shall engage in meaningful
    consultation with relevant representatives of State, regional, local,
    and Indian tribal government stakeholders.
    SEC. 1240. REPORT ON INSURANCE SHORTFALLS.

        Not later than 2 years after the date of enactment of this section,
    and each year thereafter until 2023, the Administrator of the Federal
    Emergency Management Agency shall submit a report to Congress on the
    number of instances and the estimated amounts involved, by State, for
    cases in which self-insurance amounts have been insufficient to address
    flood damages.
    SEC. 1241. <<NOTE: 42 USC 5172 note.>>  POST DISASTER BUILDING
                              SAFETY ASSESSMENT.

        (a) Building Safety Assessment Team.--

    [[Page 132 STAT. 3467]]

                (1) In general.--The Administrator shall coordinate with
            State and local governments and organizations representing
            design professionals, such as architects and engineers, to
            develop guidance, including best practices, for post-disaster
            assessment of buildings by licensed architects and engineers to
            ensure the design professionals properly analyze the structural
            integrity and livability of buildings and structures.
                (2) Publication.--The Administrator shall publish the
            guidance required to be developed under paragraph (1) not later
            than 1 year after the date of enactment of this Act.

        (b) National Incident Management System.--The Administrator shall
    revise or issue guidance as required to the National Incident Management
    System Resource Management component to ensure the functions of post-
    disaster building safety assessment, such as those functions performed
    by design professionals are accurately resource typed within the
    National Incident Management System.
        (c) Effective Date.--This section shall be effective on the date of
    enactment of this Act.
    SEC. 1242. FEMA UPDATES ON NATIONAL PREPAREDNESS ASSESSMENT.

        Not later than 6 months after the date of enactment of this Act, and
    every 6 months thereafter until completion, the Administrator shall
    submit to the Committee on Homeland Security and Governmental Affairs of
    the Senate and the Committees on Transportation and Infrastructure and
    Homeland Security of the House of Representatives an update on the
    progress of the Agency in completing action 6 with respect to the report
    published by the Government Accountability Office entitled ``2012 Annual
    Report: Opportunities to Reduce Duplication, Overlap and Fragmentation,
    Achieve Savings, and Enhance Revenue'' (February 28, 2012), which
    recommends the Agency to--
                (1) complete a national preparedness assessment of
            capability gaps at each level based on tiered, capability-
            specific performance objectives to enable prioritization of
            grant funding; and
                (2) identify the potential costs for establishing and
            maintaining those capabilities at each level and determine what
            capabilities Federal agencies should provide.
    SEC. 1243. FEMA REPORT ON DUPLICATION IN NON-NATURAL DISASTER
                              PREPAREDNESS GRANT PROGRAMS.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator shall submit to the Committees on Homeland Security and
    Governmental Affairs of the Senate and the Committees on Transportation
    and Infrastructure and Homeland Security of the House of Representatives
    a report on the results of the efforts of the Agency to identify and
    prevent unnecessary duplication within and across the non-natural
    disaster preparedness grant programs of the Agency, as recommended in
    the report published by the Government Accountability Office entitled
    ``2012 Annual Report: Opportunities to Reduce Duplication, Overlap and
    Fragmentation, Achieve Savings, and Enhance Revenue'' (February 28,
    2012), including with respect to--
                (1) the Urban Area Security Initiative established under
            section 2003 of the Homeland Security Act of 2002 (6 U.S.C.
            604);

    [[Page 132 STAT. 3468]]

                (2) the Port Security Grant Program authorized under section
            70107 of title 46, United States Code;
                (3) the State Homeland Security Grant Program established
            under section 2004 of the Homeland Security Act of 2002 (6
            U.S.C. 605); and
                (4) the Transit Security Grant Program authorized under
            titles XIV and XV of the Implementing Recommendations of the 9/
            11 Commission Act of 2007 (6 U.S.C. 1131 et seq.).
    SEC. 1244. STUDY AND REPORT.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Administrator shall enter into a contract with the
    National Academy of Medicine to conduct a study and prepare a report as
    described in subsection (b).
        (b) Study and Report.--
                (1) Study.--
                        (A) In general.--The study described in this
                    subsection shall be a study of matters concerning best
                    practices in mortality counts as a result of a major
                    disaster (as defined in section 102 of the Robert T.
                    Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5122)).
                        (B) Contents.--The study described in this
                    subsection shall address approaches to quantifying
                    mortality and significant morbidity among populations
                    affected by major disasters, which shall include best
                    practices and policy recommendations for--
                              (i) equitable and timely attribution, in order
                          to facilitate access to available benefits, among
                          other things;
                              (ii) timely prospective tracking of population
                          levels of mortality and significant morbidity, and
                          their causes, in order to continuously inform
                          response efforts; and
                              (iii) a retrospective study of disaster-
                          related mortality and significant morbidity to
                          inform after-action analysis and improve
                          subsequent preparedness efforts.
                (2) Report.--Not later than 2 years after the date on which
            the contract described in subsection (a) is entered into, the
            National Academy of Medicine shall complete and transmit to the
            Administrator a report on the study described in paragraph (1).

        (c) No Additional Funds Authorized.--No additional funds are
    authorized to carry out the requirements of this section.
    SEC. 1245. <<NOTE: 42 USC 5172 note.>>  REVIEW OF ASSISTANCE FOR
                              DAMAGED UNDERGROUND WATER
                              INFRASTRUCTURE.

        (a) Definition of Public Assistance Grant Program.--The term
    ``public assistance grant program'' means the public assistance grant
    program authorized under sections 403, 406, 407, 428, and 502(a) of the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5170b, 5172, 5173, 5192(a)).
        (b) Review and Briefing.--Not later than 60 days after the date of
    enactment of this Act, the Administrator shall--
                (1) conduct a review of the assessment and eligibility
            process under the public assistance grant program with respect
            to assistance provided for damaged underground water
            infrastructure as a result of a major disaster declared under
            section 401 of such Act (42 U.S.C. 5170), including wildfires,
            and shall

    [[Page 132 STAT. 3469]]

            include the extent to which local technical memoranda, prepared
            by a local unit of government in consultation with the relevant
            State or Federal agencies, identified damaged underground water
            infrastructure that should be eligible for the public assistance
            grant program; and
                (2) provide to the Committee on Homeland Security and
            Governmental Affairs of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives a briefing on the review conducted under
            paragraph (1).

        (c) Report and Recommendations.--The Administrator shall--
                (1) not later than 180 days after the date of enactment of
            this Act, issue a report on the review conducted under
            subsection (b)(1); and
                (2) not later than 180 days after the date on which the
            Administrator issues the report required under paragraph (1),
            initiate a rulemaking, if appropriate, to address any
            recommendations contained in the report.
    SEC. 1246. EXTENSION.

        The Administrator shall extend the deadlines to implement the
    reasonable and prudent alternative outlined in the jeopardy biological
    opinion dated April 14, 2016, by up to 3 years from the date of
    enactment of this Act. Within 18 months from the date of enactment of
    this Act, the Administrator shall submit to the Committee on Homeland
    Security and Governmental Affairs, the Committee on Banking, Housing,
    and Urban Affairs, and the Committee on Environment and Public Works of
    the Senate; and the Committee on Homeland Security, the Committee on
    Natural Resources, and the Committee on Transportation and
    Infrastructure of the House of Representatives a report on the status of
    implementing these reasonable and prudent alternatives.

        DIVISION E--CONCRETE <<NOTE: Concrete Masonry Products Research,
    Education, and Promotion Act of 2018. 15 USC 8701 note. 15 USC 8701.>>
    MASONRY
    SEC. 1301. SHORT TITLE.

        This division may be cited as the ``Concrete Masonry Products
    Research, Education, and Promotion Act of 2018''.
    SEC. 1302. DECLARATION OF POLICY.

        (a) Purpose.--The purpose of this division is to authorize the
    establishment of an orderly program for developing, financing, and
    carrying out an effective, continuous, and coordinated program of
    research, education, and promotion, including funds for marketing and
    market research activities, that is designed to--
                (1) strengthen the position of the concrete masonry products
            industry in the domestic marketplace;
                (2) maintain, develop, and expand markets and uses for
            concrete masonry products in the domestic marketplace; and
                (3) promote the use of concrete masonry products in
            construction and building.

        (b) Limitation.--Nothing in this division may be construed to
    provide for the control of production or otherwise limit the right of
    any person to manufacture concrete masonry products.
    SEC. 1303. <<NOTE: 15 USC 8702.>>  DEFINITIONS.

        For the purposes of this division:

    [[Page 132 STAT. 3470]]

                (1) Block machine.--The term ``block machine'' means a piece
            of equipment that utilizes vibration and compaction to form
            concrete masonry products.
                (2) Board.--The term ``Board'' means the Concrete Masonry
            Products Board established under section 1305.
                (3) Cavity.--The term ``cavity'' means the open space in the
            mold of a block machine capable of forming a single concrete
            masonry unit having nominal plan dimensions of 8 inches by 16
            inches.
                (4) Concrete masonry products.--The term ``concrete masonry
            products'' refers to a broader class of products, including
            concrete masonry units as well as hardscape products such as
            concrete pavers and segmental retaining wall units, manufactured
            on a block machine using dry-cast concrete.
                (5) Concrete masonry unit.--The term ``concrete masonry
            unit''--
                        (A) means a concrete masonry product that is a
                    manmade masonry unit having an actual width of 3 inches
                    or greater and manufactured from dry-cast concrete using
                    a block machine; and
                        (B) includes concrete block and related concrete
                    units used in masonry applications.
                (6) Conflict of interest.--The term ``conflict of interest''
            means, with respect to a member or employee of the Board, a
            situation in which such member or employee has a direct or
            indirect financial or other interest in a person that performs a
            service for, or enters into a contract with, for anything of
            economic value.
                (7) Department.--The term ``Department'' means the
            Department of Commerce.
                (8) Dry-cast concrete.--The term ``dry-cast concrete'' means
            a composite material that is composed essentially of aggregates
            embedded in a binding medium composed of a mixture of
            cementitious materials (including hydraulic cement, pozzolans,
            or other cementitious materials) and water of such a consistency
            to maintain its shape after forming in a block machine.
                (9) Education.--The term ``education'' means programs that
            will educate or communicate the benefits of concrete masonry
            products in safe and environmentally sustainable development,
            advancements in concrete masonry product technology and
            development, and other information and programs designed to
            generate increased demand for commercial, residential,
            multifamily, and institutional projects using concrete masonry
            products and to generally enhance the image of concrete masonry
            products.
                (10) Machine cavities.--The term ``machine cavities'' means
            the cavities with which a block machine could be equipped.
                (11) Machine cavities in operation.--The term ``machine
            cavities in operation'' means those machine cavities associated
            with a block machine that have produced concrete masonry units
            within the last 6 months of the date set for determining
            eligibility and is fully operable and capable of producing
            concrete masonry units.

    [[Page 132 STAT. 3471]]

                (12) Manufacturer.--The term ``manufacturer'' means any
            person engaged in the manufacturing of commercial concrete
            masonry products in the United States.
                (13) Masonry unit.--The term ``masonry unit'' means a
            noncombustible building product intended to be laid by hand or
            joined using mortar, grout, surface bonding, post-tensioning or
            some combination of these methods.
                (14) Order.--The term ``order'' means an order issued under
            section 1304.
                (15) Person.--The term ``person'' means any individual,
            group of individuals, partnership, corporation, association,
            cooperative, or any other entity.
                (16) Promotion.--The term ``promotion'' means any action,
            including paid advertising, to advance the image and
            desirability of concrete masonry products with the express
            intent of improving the competitive position and stimulating
            sales of concrete masonry products in the marketplace.
                (17) Research.--The term ``research'' means studies testing
            the effectiveness of market development and promotion efforts,
            studies relating to the improvement of concrete masonry products
            and new product development, and studies documenting the
            performance of concrete masonry.
                (18) Secretary.--The term ``Secretary'' means the Secretary
            of Commerce.
                (19) United states.--The term ``United States'' means the
            several States and the District of Columbia.
    SEC. 1304. <<NOTE: 15 USC 8703.>>  ISSUANCE OF ORDERS.

        (a) In General.--
                (1) Issuance.--The Secretary, subject to the procedures
            provided in subsection (b), shall issue orders under this
            division applicable to manufacturers of concrete masonry
            products.
                (2) Scope.--Any order shall be national in scope.
                (3) One order.--Not more than 1 order shall be in effect at
            any one time.

        (b) Procedures.--
                (1) Development or receipt of proposed order.--A proposed
            order with respect to the generic research, education, and
            promotion with regards to concrete masonry products may be--
                        (A) proposed by the Secretary at any time; or
                        (B) requested by or submitted to the Secretary by--
                              (i) an existing national organization of
                          concrete masonry product manufacturers; or
                              (ii) any person that may be affected by the
                          issuance of an order.
                (2) Publication of proposed order.--If the Secretary
            determines that a proposed order received in accordance with
            paragraph (1)(B) is consistent with and will effectuate the
            purpose of this division, the Secretary shall publish such
            proposed order in the Federal Register not later than 90 days
            after receiving the order, and give not less than 30 days notice
            and opportunity for public comment on the proposed order.
                (3) Issuance of order.--
                        (A) In general.--After notice and opportunity for
                    public comment are provided in accordance with paragraph

    [[Page 132 STAT. 3472]]

                    (2), the Secretary shall issue the order, taking into
                    consideration the comments received and including in the
                    order such provisions as are necessary to ensure that
                    the order is in conformity with this division.
                        (B) Effective date.--If there is an affirmative vote
                    in a referendum as provided in section 1307, the
                    Secretary shall issue the order and such order shall be
                    effective not later than 140 days after publication of
                    the proposed order.

        (c) Amendments.--The Secretary may, from time to time, amend an
    order. The provisions of this division applicable to an order shall be
    applicable to any amendment to an order.
    SEC. 1305. <<NOTE: 15 USC 8704.>>  REQUIRED TERMS IN ORDERS.

        (a) In General.--Any order issued under this division shall contain
    the terms and provisions specified in this section.
        (b) Concrete Masonry Products Board.--
                (1) Establishment and membership.--
                        (A) Establishment.--The order shall provide for the
                    establishment of a Concrete Masonry Products Board to
                    carry out a program of generic promotion, research, and
                    education regarding concrete masonry products.
                        (B) Membership.--
                              (i) Number of members.--The Board shall
                          consist of not fewer than 15 and not more than 25
                          members.
                              (ii) Appointment.--The members of the Board
                          shall be appointed by the Secretary from
                          nominations submitted as provided in the order.
                              (iii) Composition.--The Board shall consist of
                          manufacturers. No employee of an industry trade
                          organization exempt from tax under paragraph (3)
                          or (6) of section 501(c) of the Internal Revenue
                          Code of 1986 representing the concrete masonry
                          industry or related industries shall serve as a
                          member of the Board and no member of the Board may
                          serve concurrently as an officer of the board of
                          directors of a national concrete masonry products
                          industry trade association. Only 2 individuals
                          from any single company or its affiliates may
                          serve on the Board at any one time.
                (2) Distribution of appointments.--
                        (A) Representation.--To ensure fair and equitable
                    representation of the concrete masonry products
                    industry, the composition of the Board shall reflect the
                    geographical distribution of the manufacture of concrete
                    masonry products in the United States, the types of
                    concrete masonry products manufactured, and the range in
                    size of manufacturers in the United States.
                        (B) Adjustment in board representation.--Three years
                    after the assessment of concrete masonry products
                    commences pursuant to an order, and at the end of each
                    3-year period thereafter, the Board, subject to the
                    review and approval of the Secretary, shall, if
                    warranted, recommend to the Secretary the
                    reapportionment of the Board membership to reflect
                    changes in the geographical distribution of the
                    manufacture of concrete masonry products and the types
                    of concrete masonry products manufactured.

    [[Page 132 STAT. 3473]]

                (3) Nominations process.--The Secretary may make
            appointments from nominations by manufacturers pursuant to the
            method set forth in the order.
                (4) Failure to appoint.--If the Secretary fails to make an
            appointment to the Board within 60 days of receiving nominations
            for such appointment, the first nominee for such appointment
            shall be deemed appointed, unless the Secretary provides
            reasonable justification for the delay to the Board and to
            Congress and provides a reasonable date by which approval or
            disapproval will be made.
                (5) Alternates.--The order shall provide for the selection
            of alternate members of the Board by the Secretary in accordance
            with procedures specified in the order.
                (6) Terms.--
                        (A) In general.--The members and any alternates of
                    the Board shall each serve for a term of 3 years, except
                    that members and any alternates initially appointed to
                    the Board shall serve for terms of not more than 2, 3,
                    and 4 years, as specified by the order.
                        (B) Limitation on consecutive terms.--A member or an
                    alternate may serve not more than 2 consecutive terms.
                        (C) Continuation of term.--Notwithstanding
                    subparagraph (B), each member or alternate shall
                    continue to serve until a successor is appointed by the
                    Secretary.
                        (D) Vacancies.--A vacancy arising before the
                    expiration of a term of office of an incumbent member or
                    alternate of the Board shall be filled in a manner
                    provided for in the order.
                (7) Disqualification from board service.--The order shall
            provide that if a member or alternate of the Board who was
            appointed as a manufacturer ceases to qualify as a manufacturer,
            such member or alternate shall be disqualified from serving on
            the Board.
                (8) Compensation.--
                        (A) In general.--Members and any alternates of the
                    Board shall serve without compensation.
                        (B) Travel expenses.--If approved by the Board,
                    members or alternates shall be reimbursed for reasonable
                    travel expenses, which may include per diem allowance or
                    actual subsistence incurred while away from their homes
                    or regular places of business in the performance of
                    services for the Board.

        (c) Powers and Duties of the Board.--The order shall specify the
    powers and duties of the Board, including the power and duty--
                (1) to administer the order in accordance with its terms and
            conditions and to collect assessments;
                (2) to develop and recommend to the Secretary for approval
            such bylaws as may be necessary for the functioning of the Board
            and such rules as may be necessary to administer the order,
            including activities authorized to be carried out under the
            order;
                (3) to meet, organize, and select from among members of the
            Board a chairperson, other officers, and committees and
            subcommittees, as the Board determines appropriate;
                (4) to establish regional organizations or committees to
            administer regional initiatives;

    [[Page 132 STAT. 3474]]

                (5) to establish working committees of persons other than
            Board members;
                (6) to employ such persons, other than the members, as the
            Board considers necessary, and to determine the compensation and
            specify the duties of the persons;
                (7) to prepare and submit for the approval of the Secretary,
            before the beginning of each fiscal year, rates of assessment
            under section 1306 and an annual budget of the anticipated
            expenses to be incurred in the administration of the order,
            including the probable cost of each promotion, research, and
            information activity proposed to be developed or carried out by
            the Board;
                (8) to borrow funds necessary for the startup expenses of
            the order;
                (9) to carry out generic research, education, and promotion
            programs and projects relating to concrete masonry products, and
            to pay the costs of such programs and projects with assessments
            collected under section 1306;
                (10) subject to subsection (e), to enter into contracts or
            agreements to develop and carry out programs or projects of
            research, education, and promotion relating to concrete masonry
            products;
                (11) to keep minutes, books, and records that reflect the
            actions and transactions of the Board, and promptly report
            minutes of each Board meeting to the Secretary;
                (12) to receive, investigate, and report to the Secretary
            complaints of violations of the order;
                (13) to furnish the Secretary with such information as the
            Secretary may request;
                (14) to recommend to the Secretary such amendments to the
            order as the Board considers appropriate; and
                (15) to provide the Secretary with advance notice of
            meetings to permit the Secretary, or the representative of the
            Secretary, to attend the meetings.

        (d) Programs and Projects; Budgets; Expenses.--
                (1) Programs and projects.--
                        (A) In general.--The order shall require the Board
                    to submit to the Secretary for approval any program or
                    project of research, education, or promotion relating to
                    concrete masonry products.
                        (B) Statement required.--Any educational or
                    promotional activity undertaken with funds provided by
                    the Board shall include a statement that such activities
                    were supported in whole or in part by the Board.
                (2) Budgets.--
                        (A) Submission.--The order shall require the Board
                    to submit to the Secretary for approval a budget of the
                    anticipated expenses and disbursements of the Board in
                    the implementation of the order, including the projected
                    costs of concrete masonry products research, education,
                    and promotion programs and projects.
                        (B) Timing.--The budget shall be submitted before
                    the beginning of a fiscal year and as frequently as may
                    be necessary after the beginning of the fiscal year.
                        (C) Approval.--If the Secretary fails to approve or
                    reject a budget within 60 days of receipt, such budget
                    shall be deemed approved, unless the Secretary provides

    [[Page 132 STAT. 3475]]

                    to the Board and to Congress, in writing, reasonable
                    justification for the delay and provides a reasonable
                    date by which approval or disapproval will be made.
                (3) Administrative expenses.--
                        (A) Incurring expenses.--The Board may incur the
                    expenses described in paragraph (2) and other expenses
                    for the administration, maintenance, and functioning of
                    the Board as authorized by the Secretary.
                        (B) Payment of expenses.--Expenses incurred under
                    subparagraph (A) shall be paid by the Board using
                    assessments collected under section 1306, earnings
                    obtained from assessments, and other income of the
                    Board. Any funds borrowed by the Board shall be expended
                    only for startup costs and capital outlays.
                        (C) Limitation on spending.--For fiscal years
                    beginning 3 or more years after the date of the
                    establishment of the Board, the Board may not expend for
                    administration (except for reimbursement to the
                    Secretary required under subparagraph (D)), maintenance,
                    and functioning of the Board in a fiscal year an amount
                    that exceeds 10 percent of the assessment and other
                    income received by the Board for the fiscal year.
                        (D) Reimbursement of secretary.--The order shall
                    require that the Secretary be reimbursed by the Board
                    from assessments for all expenses incurred by the
                    Secretary in the implementation, administration, and
                    supervision of the order, including all referenda costs
                    incurred in connection with the order.

        (e) Contracts and Agreements.--
                (1) In general.--The order shall provide that, with the
            approval of the Secretary, the Board may--
                        (A) enter into contracts and agreements to carry out
                    generic research, education, and promotion programs and
                    projects relating to concrete masonry products,
                    including contracts and agreements with manufacturer
                    associations or other entities as considered appropriate
                    by the Secretary;
                        (B) enter into contracts and agreements for
                    administrative services; and
                        (C) pay the cost of approved generic research,
                    education, and promotion programs and projects using
                    assessments collected under section 1306, earnings
                    obtained from assessments, and other income of the
                    Board.
                (2) Requirements.--Each contract or agreement shall provide
            that any person who enters into the contract or agreement with
            the Board shall--
                        (A) develop and submit to the Board a proposed
                    program or project together with a budget that specifies
                    the cost to be incurred to carry out the program or
                    project;
                        (B) keep accurate records of all transactions
                    relating to the contract or agreement;
                        (C) account for funds received and expended in
                    connection with the contract or agreement;
                        (D) make periodic reports to the Board of activities
                    conducted under the contract or agreement; and
                        (E) make such other reports as the Board or the
                    Secretary considers relevant.

    [[Page 132 STAT. 3476]]

                (3) Failure to approve.--If the Secretary fails to approve
            or reject a contract or agreement entered into under paragraph
            (1) within 60 days of receipt, the contract or agreement shall
            be deemed approved, unless the Secretary provides to the Board
            and to Congress, in writing, reasonable justification for the
            delay and provides a reasonable date by which approval or
            disapproval will be made.

        (f) Books and Records of Board.--
                (1) In general.--The order shall require the Board to--
                        (A) maintain such books and records (which shall be
                    available to the Secretary for inspection and audit) as
                    the Secretary may require;
                        (B) collect and submit to the Secretary, at any time
                    the Secretary may specify, any information the Secretary
                    may request; and
                        (C) account for the receipt and disbursement of all
                    funds in the possession, or under the control, of the
                    Board.
                (2) Audits.--The order shall require the Board to have--
                        (A) the books and records of the Board audited by an
                    independent auditor at the end of each fiscal year; and
                        (B) a report of the audit submitted directly to the
                    Secretary.

        (g) Prohibited Activities.--
                (1) In general.--Subject to paragraph (2), the Board shall
            not engage in any program or project to, nor shall any funds
            received by the Board under this division be used to--
                        (A) influence legislation, elections, or
                    governmental action;
                        (B) engage in an action that would be a conflict of
                    interest;
                        (C) engage in advertising that is false or
                    misleading;
                        (D) engage in any promotion, research, or education
                    that would be disparaging to other construction
                    materials; or
                        (E) engage in any promotion or project that would
                    benefit any individual manufacturer.
                (2) Exceptions.--Paragraph (1) does not preclude--
                        (A) the development and recommendation of amendments
                    to the order;
                        (B) the communication to appropriate government
                    officials of information relating to the conduct,
                    implementation, or results of research, education, and
                    promotion activities under the order except
                    communications described in paragraph (1)(A); or
                        (C) any lawful action designed to market concrete
                    masonry products directly to a foreign government or
                    political subdivision of a foreign government.

        (h) Periodic Evaluation.--The order shall require the Board to
    provide for the independent evaluation of all research, education, and
    promotion programs or projects undertaken under the order, beginning 5
    years after the date of enactment of this Act and every 3 years
    thereafter. The Board shall submit to the Secretary and make available
    to the public the results of each such evaluation.
        (i) Objectives.--The Board shall establish annual research,
    education, and promotion objectives and performance metrics for each
    fiscal year subject to approval by the Secretary.

    [[Page 132 STAT. 3477]]

        (j) Biennial Report.--Every 2 years the Board shall prepare and make
    publicly available a comprehensive and detailed report that includes an
    identification and description of all programs and projects undertaken
    by the Board during the previous 2 years as well as those planned for
    the subsequent 2 years and detail the allocation or planned allocation
    of Board resources for each such program or project. Such report shall
    also include--
                (1) the overall financial condition of the Board;
                (2) a summary of the amounts obligated or expended during
            the 2 preceding fiscal years; and
                (3) a description of the extent to which the objectives of
            the Board were met according to the metrics required under
            subsection (i).

        (k) Books and Records of Persons Covered by Order.--
                (1) In general.--The order shall require that manufacturers
            shall--
                        (A) maintain records sufficient to ensure compliance
                    with the order and regulations; and
                        (B) make the records described in subparagraph (A)
                    available, during normal business hours, for inspection
                    by employees or agents of the Board or the Department.
                (2) Time requirement.--Any record required to be maintained
            under paragraph (1) shall be maintained for such time period as
            the Secretary may prescribe.
                (3) Confidentiality of information.--
                        (A) In general.--Except as otherwise provided in
                    this paragraph, trade secrets and commercial or
                    financial information that is privileged or confidential
                    reported to, or otherwise obtained by the Board or the
                    Secretary (or any representative of the Board or the
                    Secretary) under this division shall not be disclosed by
                    any officers, employees, and agents of the Department or
                    the Board.
                        (B) Suits and hearings.--Information referred to in
                    subparagraph (A) may be disclosed only if--
                              (i) the Secretary considers the information
                          relevant; and
                              (ii) the information is revealed in a judicial
                          proceeding or administrative hearing brought at
                          the direction or on the request of the Secretary
                          or to which the Secretary or any officer of the
                          Department is a party.
                        (C) General statements and publications.--This
                    paragraph does not prohibit--
                              (i) the issuance of general statements based
                          on reports or on information relating to a number
                          of persons subject to an order if the statements
                          do not identify the information furnished by any
                          person; or
                              (ii) the publication, by direction of the
                          Secretary, of the name of any person violating any
                          order and a statement of the particular provisions
                          of the order violated by the person.
                        (D) Penalty.--Any officer, employee, or agent of the
                    Department of Commerce or any officer, employee, or
                    agent of the Board who willfully violates this paragraph
                    shall be fined not more than $1,000 and imprisoned for
                    not more than 1 year, or both.

    [[Page 132 STAT. 3478]]

                (4) Withholding information.--This subsection does not
            authorize the withholding of information from Congress.
    SEC. 1306. <<NOTE: 15 USC 8705.>>  ASSESSMENTS.

        (a) Assessments.--The order shall provide that assessments shall be
    paid by a manufacturer if the manufacturer has manufactured concrete
    masonry products during a period of at least 180 days prior to the date
    the assessment is to be remitted.
        (b) Collection.--
                (1) In general.--Assessments required under the order shall
            be remitted by the manufacturer to the Board in the manner
            prescribed by the order.
                (2) Timing.--The order shall provide that assessments
            required under the order shall be remitted to the Board not less
            frequently than quarterly.
                (3) Records.--As part of the remittance of assessments,
            manufacturers shall identify the total amount due in assessments
            on all sales receipts, invoices or other commercial documents of
            sale as a result of the sale of concrete masonry units in a
            manner as prescribed by the Board to ensure compliance with the
            order.

        (c) Assessment Rates.--With respect to assessment rates, the order
    shall contain the following terms:
                (1) Initial rate.--The assessment rate on concrete masonry
            products shall be $0.01 per concrete masonry unit sold.
                (2) Changes in the rate.--
                        (A) Authority to change rate.--The Board shall have
                    the authority to change the assessment rate. A two-
                    thirds majority of voting members of the Board shall be
                    required to approve a change in the assessment rate.
                        (B) Limitation on increases.--An increase or
                    decrease in the assessment rate with respect to concrete
                    masonry products may not exceed $0.01 per concrete
                    masonry unit sold.
                        (C) Maximum rate.--The assessment rate shall not be
                    in excess of $0.05 per concrete masonry unit.
                        (D) Limitation on frequency of changes.--The
                    assessment rate may not be increased or decreased more
                    than once annually.

        (d) Late-Payment and Interest Charges.--
                (1) In general.--Late-payment and interest charges may be
            levied on each person subject to the order who fails to remit an
            assessment in accordance with subsection (b).
                (2) Rate.--The rate for late-payment and interest charges
            shall be specified by the Secretary.

        (e) Investment of Assessments.--Pending disbursement of assessments
    under a budget approved by the Secretary, the Board may invest
    assessments collected under this section in--
                (1) obligations of the United States or any agency of the
            United States;
                (2) general obligations of any State or any political
            subdivision of a State;
                (3) interest-bearing accounts or certificates of deposit of
            financial institutions that are members of the Federal Reserve
            System; or

    [[Page 132 STAT. 3479]]

                (4) obligations fully guaranteed as to principal and
            interest by the United States.

        (f) Assessment Funds for Regional Initiatives.--
                (1) In general.--The order shall provide that not less than
            50 percent of the assessments (less administration expenses)
            paid by a manufacturer shall be used to support research,
            education, and promotion programs and projects in support of the
            geographic region of the manufacturer.
                (2) Geographic regions.--The order shall provide for the
            following geographic regions:
                        (A) Region I shall comprise Connecticut, Delaware,
                    the District of Columbia, Maine, Maryland,
                    Massachusetts, New Hampshire, New Jersey, New York,
                    Pennsylvania, Rhode Island, Vermont, and West Virginia.
                        (B) Region II shall comprise Alabama, Florida,
                    Georgia, Mississippi, North Carolina, South Carolina,
                    Tennessee, and Virginia.
                        (C) Region III shall comprise Illinois, Indiana,
                    Iowa, Kentucky, Michigan, Minnesota, Nebraska, North
                    Dakota, Ohio, South Dakota, and Wisconsin.
                        (D) Region IV shall comprise Arizona, Arkansas,
                    Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and
                    Texas.
                        (E) Region V shall comprise Alaska, California,
                    Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah,
                    Washington, and Wyoming.
                (3) Adjustment of geographic regions.--The order shall
            provide that the Secretary may, upon recommendation of the
            Board, modify the composition of the geographic regions
            described in paragraph (2).
    SEC. 1307. <<NOTE: 15 USC 8706.>>  REFERENDA.

        (a) Initial Referendum.--
                (1) Referendum required.--During the 60-day period
            immediately preceding the proposed effective date of the order
            issued under section 1304, the Secretary shall conduct a
            referendum among manufacturers eligible under subsection (b)(2)
            subject to assessments under section 1306.
                (2) Approval of order needed.--The order shall become
            effective only if the Secretary determines that the order has
            been approved by a majority of manufacturers voting who also
            represent a majority of the machine cavities in operation of
            those manufacturers voting in the referendum.

        (b) Votes Permitted.--
                (1) In general.--Each manufacturer eligible to vote in a
            referendum conducted under this section shall be entitled to
            cast 1 vote.
                (2) Eligibility.--For purposes of paragraph (1), a
            manufacturer shall be considered to be eligible to vote if the
            manufacturer has manufactured concrete masonry products during a
            period of at least 180 days prior to the first day of the period
            during which voting in the referendum will occur.

        (c) Manner of Conducting Referenda.--
                (1) In general.--Referenda conducted pursuant to this
            section shall be conducted in a manner determined by the
            Secretary.

    [[Page 132 STAT. 3480]]

                (2) Advance registration.--A manufacturer who chooses to
            vote in any referendum conducted under this section shall
            register with the Secretary prior to the voting period, after
            receiving notice from the Secretary concerning the referendum
            under paragraph (4).
                (3) Voting.--The Secretary shall establish procedures for
            voting in any referendum conducted under this section. The
            ballots and other information or reports that reveal or tend to
            reveal the identity or vote of voters shall be strictly
            confidential.
                (4) Notice.--Not later than 30 days before a referendum is
            conducted under this section with respect to an order, the
            Secretary shall notify all manufacturers, in such a manner as
            determined by the Secretary, of the period during which voting
            in the referendum will occur. The notice shall explain any
            registration and voting procedures established under this
            subsection.

        (d) Subsequent Referenda.--If an order is approved in a referendum
    conducted under subsection (a), the Secretary shall conduct a subsequent
    referendum--
                (1) at the request of the Board, subject to the voting
            requirements of subsections (b) and (c), to ascertain whether
            eligible manufacturers favor suspension, termination, or
            continuance of the order; or
                (2) effective beginning on the date that is 5 years after
            the date of the approval of the order, and at 5-year intervals
            thereafter, at the request of 25 percent or more of the total
            number of persons eligible to vote under subsection (b).

        (e) Suspension or Termination.--If, as a result of a referendum
    conducted under subsection (d), the Secretary determines that suspension
    or termination of the order is favored by a majority of all votes cast
    in the referendum as provided in subsection (a)(2), the Secretary
    shall--
                (1) not later than 180 days after the referendum, suspend or
            terminate, as appropriate, collection of assessments under the
            order; and
                (2) suspend or terminate, as appropriate, programs and
            projects under the order as soon as practicable and in an
            orderly manner.

        (f) Costs of Referenda.--The Board established under an order with
    respect to which a referendum is conducted under this section shall
    reimburse the Secretary from assessments for any expenses incurred by
    the Secretary to conduct the referendum.
    SEC. 1308. <<NOTE: 15 USC 8707.>>  PETITION AND REVIEW.

        (a) Petition.--
                (1) In general.--A person subject to an order issued under
            this division may file with the Secretary a petition--
                        (A) stating that the order, any provision of the
                    order, or any obligation imposed in connection with the
                    order, is not established in accordance with law; and
                        (B) requesting a modification of the order or an
                    exemption from the order.
                (2) Hearing.--The Secretary shall give the petitioner an
            opportunity for a hearing on the petition, in accordance with
            regulations issued by the Secretary.

    [[Page 132 STAT. 3481]]

                (3) Ruling.--After the hearing, the Secretary shall make a
            ruling on the petition. The ruling shall be final, subject to
            review as set forth in subsection (b).
                (4) Limitation on petition.--Any petition filed under this
            subsection challenging an order, any provision of the order, or
            any obligation imposed in connection with the order, shall be
            filed not less than 2 years after the effective date of the
            order, provision, or obligation subject to challenge in the
            petition.

        (b) Review.--
                (1) Commencement of action.--The district courts of the
            United States in any district in which a person who is a
            petitioner under subsection (a) resides or conducts business
            shall have jurisdiction to review the ruling of the Secretary on
            the petition of the person, if a complaint requesting the review
            is filed no later than 30 days after the date of the entry of
            the ruling by the Secretary.
                (2) Process.--Service of process in proceedings under this
            subsection shall be conducted in accordance with the Federal
            Rules of Civil Procedure.
                (3) Remands.--If the court in a proceeding under this
            subsection determines that the ruling of the Secretary on the
            petition of the person is not in accordance with law, the court
            shall remand the matter to the Secretary with directions--
                        (A) to make such ruling as the court shall determine
                    to be in accordance with law; or
                        (B) to take such further action as, in the opinion
                    of the court, the law requires.

        (c) Enforcement.--The pendency of proceedings instituted under this
    section shall not impede, hinder, or delay the Attorney General or the
    Secretary from obtaining relief under section 1309.
    SEC. 1309. <<NOTE: 15 USC 8708.>>  ENFORCEMENT.

        (a) Jurisdiction.--A district court of the United States shall have
    jurisdiction to enforce, and to prevent and restrain any person from
    violating, this division or an order or regulation issued by the
    Secretary under this division.
        (b) Referral to Attorney General.--A civil action authorized to be
    brought under this section shall be referred to the Attorney General of
    the United States for appropriate action.
        (c) Civil Penalties and Orders.--
                (1) Civil penalties.--A person who willfully violates an
            order or regulation issued by the Secretary under this division
            may be assessed by the Secretary a civil penalty of not more
            than $5,000 for each violation.
                (2) Separate offense.--Each violation and each day during
            which there is a failure to comply with an order or regulation
            issued by the Secretary shall be considered to be a separate
            offense.
                (3) Cease-and-desist orders.--In addition to, or in lieu of,
            a civil penalty, the Secretary may issue an order requiring a
            person to cease and desist from violating the order or
            regulation.
                (4) Notice and hearing.--No order assessing a penalty or
            cease-and-desist order may be issued by the Secretary under this
            subsection unless the Secretary provides notice and an

    [[Page 132 STAT. 3482]]

            opportunity for a hearing on the record with respect to the
            violation.
                (5) Finality.--An order assessing a penalty or a cease-and-
            desist order issued under this subsection by the Secretary shall
            be final and conclusive unless the person against whom the order
            is issued files an appeal from the order with the appropriate
            district court of the United States.

        (d) Additional Remedies.--The remedies provided in this division
    shall be in addition to, and not exclusive of, other remedies that may
    be available.
    SEC. 1310. <<NOTE: 15 USC 8709.>>  INVESTIGATION AND POWER TO
                              SUBPOENA.

        (a) Investigations.--The Secretary may conduct such investigations
    as the Secretary considers necessary for the effective administration of
    this division, or to determine whether any person has engaged or is
    engaging in any act that constitutes a violation of this division or any
    order or regulation issued under this division.
        (b) Subpoenas, Oaths, and Affirmations.--
                (1) Investigations.--For the purpose of conducting an
            investigation under subsection (a), the Secretary may administer
            oaths and affirmations, subpoena witnesses, compel the
            attendance of witnesses, take evidence, and require the
            production of any records that are relevant to the inquiry. The
            production of the records may be required from any place in the
            United States.
                (2) Administrative hearings.--For the purpose of an
            administrative hearing held under section 1308(a)(2) or section
            1309(c)(4), the presiding officer may administer oaths and
            affirmations, subpoena witnesses, compel the attendance of
            witnesses, take evidence, and require the production of any
            records that are relevant to the inquiry. The attendance of
            witnesses and the production of the records may be required from
            any place in the United States.

        (c) Aid of Courts.--
                (1) In general.--In the case of contumacy by, or refusal to
            obey a subpoena issued under subsection (b) to, any person, the
            Secretary may invoke the aid of any court of the United States
            within the jurisdiction of which the investigation or proceeding
            is conducted, or where the person resides or conducts business,
            in order to enforce a subpoena issued under subsection (b).
                (2) Order.--The court may issue an order requiring the
            person referred to in paragraph (1) to comply with a subpoena
            referred to in paragraph (1).
                (3) Failure to obey.--Any failure to obey the order of the
            court may be punished by the court as a contempt of court.
                (4) Process.--Process in any proceeding under this
            subsection may be served in the United States judicial district
            in which the person being proceeded against resides or conducts
            business, or wherever the person may be found.
    SEC. 1311. <<NOTE: 15 USC 8710.>>  SUSPENSION OR TERMINATION.

        (a) Mandatory Suspension or Termination.--The Secretary shall
    suspend or terminate an order or a provision of an order if the
    Secretary finds that an order or provision of an order obstructs or does
    not tend to effectuate the purpose of this division, or if the Secretary
    determines that the order or a provision of an

    [[Page 132 STAT. 3483]]

    order is not favored by a majority of all votes cast in the referendum
    as provided in section 1307(a)(2).
        (b) Implementation of Suspension or Termination.--If, as a result of
    a referendum conducted under section 1307, the Secretary determines that
    the order is not approved, the Secretary shall--
                (1) not later than 180 days after making the determination,
            suspend or terminate, as the case may be, collection of
            assessments under the order; and
                (2) as soon as practicable, suspend or terminate, as the
            case may be, activities under the order in an orderly manner.
    SEC. 1312. <<NOTE: 15 USC 8711.>>  AMENDMENTS TO ORDERS.

        The provisions of this division applicable to the order shall be
    applicable to any amendment to the order, except that section 1308 shall
    not apply to an amendment.
    SEC. 1313. <<NOTE: 15 USC 8712.>>  EFFECT ON OTHER LAWS.

        This division shall not affect or preempt any other Federal or State
    law authorizing research, education, and promotion relating to concrete
    masonry products.
    SEC. 1314. <<NOTE: 15 USC 8713.>>  REGULATIONS.

        The Secretary may issue such regulations as may be necessary to
    carry out this division and the power vested in the Secretary under this
    division.
    SEC. 1315. <<NOTE: 15 USC 8714.>>  LIMITATION ON EXPENDITURES FOR
                              ADMINISTRATIVE EXPENSES.

        Funds appropriated to carry out this division may not be used for
    the payment of the expenses or expenditures of the Board in
    administering the order.
    SEC. 1316. <<NOTE: 15 USC 8715.>>  LIMITATIONS ON OBLIGATION OF
                              FUNDS.

        (a) In General.--In each fiscal year of the covered period, the
    Board may not obligate an amount greater than the sum of--
                (1) 73 percent of the amount of assessments estimated to be
            collected under section 1306 in such fiscal year;
                (2) 73 percent of the amount of assessments actually
            collected under section 1306 in the most recent fiscal year for
            which an audit report has been submitted under section
            1305(f)(2)(B) as of the beginning of the fiscal year for which
            the amount that may be obligated is being determined, less the
            estimate made pursuant to paragraph (1) for such most recent
            fiscal year; and
                (3) amounts permitted in preceding fiscal years to be
            obligated pursuant to this subsection that have not been
            obligated.

        (b) Excess Amounts Deposited in Escrow Account.--Assessments
    collected under section 1306 in excess of the amount permitted to be
    obligated under subsection (a) in a fiscal year shall be deposited in an
    escrow account for the duration of the covered period.
        (c) Treatment of Amounts in Escrow Account.--During the covered
    period, the Board may not obligate, expend, or borrow against amounts
    required under subsection (b) to be deposited in the escrow account. Any
    interest earned on such amounts shall be deposited in the escrow account
    and shall be unavailable for obligation for the duration of the covered
    period.

    [[Page 132 STAT. 3484]]

        (d) Release of Amounts in Escrow Account.--After the covered period,
    the Board may withdraw and obligate in any fiscal year an amount in the
    escrow account that does not exceed \1/5\ of the amount in the escrow
    account on the last day of the covered period.
        (e) Special Rule for Estimates for Particular Fiscal Years.--
                (1) Rule.--For purposes of subsection (a)(1), the amount of
            assessments estimated to be collected under section 1306 in a
            fiscal year specified in paragraph (2) shall be equal to 62
            percent of the amount of assessments actually collected under
            such section in the most recent fiscal year for which an audit
            report has been submitted under section 1305(f)(2)(B) as of the
            beginning of the fiscal year for which the amount that may be
            obligated is being determined.
                (2) Fiscal years specified.--The fiscal years specified in
            this paragraph are the 9th and 10th fiscal years that begin on
            or after the date of enactment of this Act.

        (f) Covered Period Defined.--In this section, the term ``covered
    period'' means the period that begins on the date of enactment of this
    Act and ends on the last day of the 11th fiscal year that begins on or
    after such date of enactment.
    SEC. 1317. <<NOTE: 15 USC 8716.>>  STUDY AND REPORT BY THE
                              GOVERNMENT ACCOUNTABILITY OFFICE.

        Not later than 5 years after the date of enactment of this Act, the
    Comptroller General of the United States shall prepare a study, and not
    later than 8 years after the date of enactment of this Act, the
    Comptroller General shall submit to Congress and the Secretary a report,
    examining--
                (1) how the Board spends assessments collected;
                (2) the extent to which the reported activities of the Board
            help achieve the annual objectives of the Board;
                (3) any changes in demand for concrete masonry products
            relative to other building materials;
                (4) any impact of the activities of the Board on the market
            share of competing products;
                (5) any impact of the activities of the Board on the overall
            size of the market for building products;
                (6) any impact of the activities of the Board on the total
            number of concrete-masonry-related jobs, including
            manufacturing, sales, and installation;
                (7) any significant effects of the activities of the Board
            on downstream purchasers of concrete masonry products and real
            property into which concrete masonry products are incorporated;
                (8) effects on prices of concrete masonry products as a
            result of the activities of the Board;
                (9) the cost to the Federal Government of an increase in
            concrete masonry product prices, if any, as a result of the
            program established by this division;
                (10) the extent to which key statutory requirements are met;
                (11) the extent and strength of Federal oversight of the
            program established by this division;

    [[Page 132 STAT. 3485]]

                (12) the appropriateness of administering the program from
            within the Office of the Secretary of Commerce and the
            appropriateness of administering the program from within any
            division of the Department, including whether the Department has
            the expertise, knowledge, or other capabilities necessary to
            adequately administer the program; and
                (13) any other topic that the Comptroller General considers
            appropriate.
    SEC. 1318. <<NOTE: 15 USC 8717.>>  STUDY AND REPORT BY THE
                              DEPARTMENT OF COMMERCE.

        Not later than 3 years after the date of enactment of this Act, the
    Secretary shall prepare a study and submit to Congress a report
    examining the appropriateness and effectiveness of applying the
    commodity check-off program model (such as those programs established
    under the Commodity Promotion, Research, and Information Act of 1996 (7
    U.S.C. 7411 et seq.)) to a nonagricultural industry, taking into account
    the program established by this division and any other check-off program
    involving a nonagricultural industry.

     DIVISION F--BUILD <<NOTE: Better Utilization of Investments Leading to
    Development Act of 2018. 22 USC 9601 note.>>  ACT OF 2018
    SEC. 1401. SHORT TITLE.

        This division may be cited as the ``Better Utilization of
    Investments Leading to Development Act of 2018'' or the ``BUILD Act of
    2018''.
    SEC. 1402. <<NOTE: 22 USC 9601.>>  DEFINITIONS.

        In this division:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the Committee on Foreign Relations and the
                    Committee on Appropriations of the Senate; and
                        (B) the Committee on Foreign Affairs and the
                    Committee on Appropriations of the House of
                    Representatives.
                (2) Less developed country.--The term ``less developed
            country'' means a country with a low-income economy, lower-
            middle-income economy, or upper-middle-income economy, as
            defined by the International Bank for Reconstruction and
            Development and the International Development Association
            (collectively referred to as the ``World Bank'').
                (3) Predecessor authority.--The term ``predecessor
            authority'' means authorities repealed by title VI.
                (4) Qualifying sovereign entity.--The term ``qualifying
            sovereign entity'' means--
                        (A) any agency or instrumentality of a foreign state
                    (as defined in section 1603 of title 28, United States
                    Code) that has a purpose that is similar to the purpose
                    of the Corporation as described in section 1412(b); or
                        (B) any international financial institution (as
                    defined in section 1701(c) of the International
                    Financial Institutions Act (22 U.S.C. 262r(c))).

    [[Page 132 STAT. 3486]]

                             TITLE I--ESTABLISHMENT

    SEC. 1411. <<NOTE: 22 USC 9611.>>  STATEMENT OF POLICY.

        It is the policy of the United States to facilitate market-based
    private sector development and inclusive economic growth in less
    developed countries through the provision of credit, capital, and other
    financial support--
                (1) to mobilize private capital in support of sustainable,
            broad-based economic growth, poverty reduction, and development
            through demand-driven partnerships with the private sector that
            further the foreign policy interests of the United States;
                (2) to finance development that builds and strengthens civic
            institutions, promotes competition, and provides for public
            accountability and transparency;
                (3) to help private sector actors overcome identifiable
            market gaps and inefficiencies without distorting markets;
                (4) to achieve clearly defined economic and social
            development outcomes;
                (5) to coordinate with institutions with purposes similar to
            the purposes of the Corporation to leverage resources of those
            institutions to produce the greatest impact;
                (6) to provide countries a robust alternative to state-
            directed investments by authoritarian governments and United
            States strategic competitors using best practices with respect
            to transparency and environmental and social safeguards, and
            which take into account the debt sustainability of partner
            countries;
                (7) to leverage private sector capabilities and innovative
            development tools to help countries transition from recipients
            of bilateral development assistance toward increased self-
            reliance; and
                (8) to complement and be guided by overall United States
            foreign policy, development, and national security objectives,
            taking into account the priorities and needs of countries
            receiving support.
    SEC. 1412. <<NOTE: 22 USC 9612.>>  UNITED STATES INTERNATIONAL
                              DEVELOPMENT FINANCE CORPORATION.

        (a) Establishment.--There is established in the executive branch the
    United States International Development Finance Corporation (in this
    division referred to as the ``Corporation''), which shall be a wholly
    owned Government corporation for purposes of chapter 91 of title 31,
    United States Code, under the foreign policy guidance of the Secretary
    of State.
        (b) Purpose.--The purpose of the Corporation shall be to mobilize
    and facilitate the participation of private sector capital and skills in
    the economic development of less developed countries, as described in
    subsection (c), and countries in transition from nonmarket to market
    economies, in order to complement the development assistance objectives,
    and advance the foreign policy interests, of the United States. In
    carrying out its purpose, the Corporation, utilizing broad criteria,
    shall take into account in its financing operations the economic and
    financial soundness and development objectives of projects for which it
    provides support under title II.

    [[Page 132 STAT. 3487]]

        (c) Less Developed Country Focus.--
                (1) In general.--The Corporation shall prioritize the
            provision of support under title II in less developed countries
            with a low-income economy or a lower-middle-income economy.
                (2) Support in upper-middle-income countries.--The
            Corporation shall restrict the provision of support under title
            II in a less developed country with an upper-middle-income
            economy unless--
                        (A) the President certifies to the appropriate
                    congressional committees that such support furthers the
                    national economic or foreign policy interests of the
                    United States; and
                        (B) such support is designed to produce significant
                    developmental outcomes or provide developmental benefits
                    to the poorest population of that country.
    SEC. 1413. <<NOTE: 22 USC 9613.>>  MANAGEMENT OF CORPORATION.

        (a) Structure of Corporation.--There shall be in the Corporation a
    Board of Directors (in this division referred to as the ``Board''), a
    Chief Executive Officer, a Deputy Chief Executive Officer, a Chief Risk
    Officer, a Chief Development Officer, and such other officers as the
    Board may determine.
        (b) Board of Directors.--
                (1) Duties.--All powers of the Corporation shall vest in and
            be exercised by or under the authority of the Board. The Board--
                        (A) shall perform the functions specified to be
                    carried out by the Board in this division;
                        (B) may prescribe, amend, and repeal bylaws, rules,
                    regulations, policies, and procedures governing the
                    manner in which the business of the Corporation may be
                    conducted and in which the powers granted to the
                    Corporation by law may be exercised; and
                        (C) shall develop, in consultation with
                    stakeholders, other interested parties, and the
                    appropriate congressional committees, a publicly
                    available policy with respect to consultations,
                    hearings, and other forms of engagement in order to
                    provide for meaningful public participation in the
                    Board's activities.
                (2) Membership of board.--
                        (A) In general.--The Board shall consist of--
                              (i) the Chief Executive Officer of the
                          Corporation;
                              (ii) the officers specified in subparagraph
                          (B); and
                              (iii) four other individuals who shall be
                          appointed by the President, by and with the advice
                          and consent of the Senate, of which--
                                        (I) one individual should be
                                    appointed from among a list of at least
                                    5 individuals submitted by the majority
                                    leader of the Senate after consultation
                                    with the chairman of the Committee on
                                    Foreign Relations of the Senate;
                                        (II) one individual should be
                                    appointed from among a list of at least
                                    5 individuals submitted by the minority
                                    leader of the Senate after consultation
                                    with the ranking member of the Committee
                                    on Foreign Relations of the Senate;

    [[Page 132 STAT. 3488]]

                                        (III) one individual should be
                                    appointed from among a list of at least
                                    5 individuals submitted by the Speaker
                                    of the House of Representatives after
                                    consultation with the chairman of the
                                    Committee on Foreign Affairs of the
                                    House of Representatives; and
                                        (IV) one individual should be
                                    appointed from among a list of at least
                                    5 individuals submitted by the minority
                                    leader of the House of Representatives
                                    after consultation with the ranking
                                    member of the Committee on Foreign
                                    Affairs of the House of Representatives.
                        (B) Officers specified.--
                              (i) In general.--The officers specified in
                          this subparagraph are the following:
                                        (I) The Secretary of State or a
                                    designee of the Secretary.
                                        (II) The Administrator of the United
                                    States Agency for International
                                    Development or a designee of the
                                    Administrator.
                                        (III) The Secretary of the Treasury
                                    or a designee of the Secretary.
                                        (IV) The Secretary of Commerce or a
                                    designee of the Secretary.
                              (ii) Requirements for designees.--A designee
                          under clause (i) shall be selected from among
                          officers--
                                        (I) appointed by the President, by
                                    and with the advice and consent of the
                                    Senate;
                                        (II) whose duties relate to the
                                    programs of the Corporation; and
                                        (III) who is designated by and
                                    serving at the pleasure of the
                                    President.
                        (C) Requirements for nongovernment members.--A
                    member of the Board described in subparagraph (A)(iii)--
                              (i) may not be an officer or employee of the
                          United States Government;
                              (ii) shall have relevant experience, which may
                          include experience relating to the private sector,
                          the environment, labor organizations, or
                          international development, to carry out the
                          purpose of the Corporation;
                              (iii) shall be appointed for a term of 3 years
                          and may be reappointed for one additional term;
                              (iv) shall serve until the member's successor
                          is appointed and confirmed;
                              (v) shall be compensated at a rate equivalent
                          to that of level IV of the Executive Schedule
                          under section 5315 of title 5, United States Code,
                          when engaged in the business of the Corporation;
                          and
                              (vi) may be paid per diem in lieu of
                          subsistence at the applicable rate under the
                          Federal Travel Regulation under subtitle F of
                          title 41, Code of Federal Regulations, from time
                          to time, while away from the home or usual place
                          of business of the member.
                (3) Chairperson.--The Secretary of State, or the designee of
            the Secretary under paragraph (2)(B)(i)(I), shall serve as the
            Chairperson of the Board.

    [[Page 132 STAT. 3489]]

                (4) Vice chairperson.--The Administrator of the United
            States Agency for International Development, or the designee of
            the Administrator under paragraph (2)(B)(i)(II), shall serve as
            the Vice Chairperson of the Board.
                (5) Quorum.--Five members of the Board shall constitute a
            quorum for the transaction of business by the Board.

        (c) Public Hearings.--The Board shall hold at least 2 public
    hearings each year in order to afford an opportunity for any person to
    present views with respect to whether--
                (1) the Corporation is carrying out its activities in
            accordance with this division; and
                (2) any support provided by the Corporation under title II
            in any country should be suspended, expanded, or extended.

        (d) Chief Executive Officer.--
                (1) Appointment.--There shall be in the Corporation a Chief
            Executive Officer, who shall be appointed by the President, by
            and with the advice and consent of the Senate, and who shall
            serve at the pleasure of the President.
                (2) Authorities and duties.--The Chief Executive Officer
            shall be responsible for the management of the Corporation and
            shall exercise the powers and discharge the duties of the
            Corporation subject to the bylaws, rules, regulations, and
            procedures established by the Board.
                (3) Relationship to board.--The Chief Executive Officer
            shall report to and be under the direct authority of the Board.
                (4) Compensation.--Section 5313 of title 5, United States
            Code, is amended by adding at the end the following:
                ``Chief Executive Officer, United States International
            Development Finance Corporation.''.

        (e) Deputy Chief Executive Officer.--There shall be in the
    Corporation a Deputy Chief Executive Officer, who shall be appointed by
    the President, by and with the advice and consent of the Senate, and who
    shall serve at the pleasure of the President.
        (f) Chief Risk Officer.--
                (1) Appointment.--Subject to the approval of the Board, the
            Chief Executive Officer of the Corporation shall appoint a Chief
            Risk Officer, from among individuals with experience at a senior
            level in financial risk management, who--
                        (A) shall report directly to the Board; and
                        (B) shall be removable only by a majority vote of
                    the Board.
                (2) Duties.--The Chief Risk Officer shall, in coordination
            with the audit committee of the Board established under section
            1441, develop, implement, and manage a comprehensive process for
            identifying, assessing, monitoring, and limiting risks to the
            Corporation, including the overall portfolio diversification of
            the Corporation.

        (g) Chief Development Officer.--
                (1) Appointment.--Subject to the approval of the Board, the
            Chief Executive Officer, with the concurrence of the
            Administrator of the United States Agency for International
            Development, shall appoint a Chief Development Officer, from
            among individuals with experience in development, who--
                        (A) shall report directly to the Board; and
                        (B) shall be removable only by a majority vote of
                    the Board.
                (2) Duties.--The Chief Development Officer shall--

    [[Page 132 STAT. 3490]]

                        (A) coordinate the Corporation's development
                    policies and implementation efforts with the United
                    States Agency for International Development, the
                    Millennium Challenge Corporation, and other relevant
                    United States Government departments and agencies,
                    including directly liaising with missions of the United
                    States Agency for International Development, to ensure
                    that departments, agencies, and missions have training,
                    awareness, and access to the Corporation's tools in
                    relation to development policy and projects in
                    countries;
                        (B) under the guidance of the Chief Executive
                    Officer, manage employees of the Corporation that are
                    dedicated to structuring, monitoring, and evaluating
                    transactions and projects co-designed with the United
                    States Agency for International Development and other
                    relevant United States Government departments and
                    agencies;
                        (C) authorize and coordinate transfers of funds or
                    other resources to and from such agencies, departments,
                    or missions upon the concurrence of those institutions
                    in support of the Corporation's projects or activities;
                        (D) manage the responsibilities of the Corporation
                    under paragraphs (1) and (4) of section 1442(b) and
                    paragraphs (1)(A) and (3)(A) of section 1443(b);
                        (E) coordinate and implement the activities of the
                    Corporation under section 1445; and
                        (F) be an ex officio member of the Development
                    Advisory Council established under subsection (i) and
                    participate in or send a representative to each meeting
                    of the Council.

        (h) Officers and Employees.--
                (1) In general.--Except as otherwise provided in this
            section, officers, employees, and agents shall be selected and
            appointed by the Corporation, and shall be vested with such
            powers and duties as the Corporation may determine.
                (2) Administratively determined employees.--
                        (A) Appointment; compensation; removal.--Of officers
                    and employees employed by the Corporation under
                    paragraph (1), not more than 50 may be appointed,
                    compensated, or removed without regard to title 5,
                    United States Code.
                        (B) Reinstatement.--Under such regulations as the
                    President may prescribe, officers and employees
                    appointed to a position under subparagraph (A) may be
                    entitled, upon removal from such position (unless the
                    removal was for cause), to reinstatement to the position
                    occupied at the time of appointment or to a position of
                    comparable grade and salary.
                        (C) Additional positions.--Positions authorized by
                    subparagraph (A) shall be in addition to those otherwise
                    authorized by law, including positions authorized under
                    section 5108 of title 5, United States Code.
                        (D) Rates of pay for officers and employees.--The
                    Corporation may set and adjust rates of basic pay for
                    officers and employees appointed under subparagraph (A)
                    without regard to the provisions of chapter 51 or
                    subchapter III of chapter 53 of title 5, United States
                    Code,

    [[Page 132 STAT. 3491]]

                    relating to classification of positions and General
                    Schedule pay rates, respectively.
                (3) Liability of employees.--
                        (A) In general.--An individual who is a member of
                    the Board or an officer or employee of the Corporation
                    has no liability under this division with respect to any
                    claim arising out of or resulting from any act or
                    omission by the individual within the scope of the
                    employment of the individual in connection with any
                    transaction by the Corporation.
                        (B) Rule of construction.--Subparagraph (A) shall
                    not be construed to limit personal liability of an
                    individual for criminal acts or omissions, willful or
                    malicious misconduct, acts or omissions for private
                    gain, or any other acts or omissions outside the scope
                    of the individual's employment.
                        (C) Conflicts of interest.--The Corporation shall
                    establish and publish procedures for avoiding conflicts
                    of interest on the part of officers and employees of the
                    Corporation and members of the Development Advisory
                    Council established under subsection (i).
                        (D) Savings provision.--This paragraph shall not be
                    construed--
                              (i) to affect--
                                        (I) any other immunities and
                                    protections that may be available to an
                                    individual described in subparagraph (A)
                                    under applicable law with respect to a
                                    transaction described in that
                                    subparagraph; or
                                        (II) any other right or remedy
                                    against the Corporation, against the
                                    United States under applicable law, or
                                    against any person other than an
                                    individual described in subparagraph (A)
                                    participating in such a transaction; or
                              (ii) to limit or alter in any way the
                          immunities that are available under applicable law
                          for Federal officers and employees not described
                          in this paragraph.

        (i) Development Advisory Council.--
                (1) In general.--There is established a Development Advisory
            Council (in this subsection referred to as the ``Council'') to
            advise the Board on development objectives of the Corporation.
                (2) Membership.--Members of the Council shall be appointed
            by the Board, on the recommendation of the Chief Executive
            Officer and the Chief Development Officer, and shall be composed
            of not more than 9 members broadly representative of
            nongovernmental organizations, think tanks, advocacy
            organizations, foundations, and other institutions engaged in
            international development.
                (3) Functions.--The Board shall call upon members of the
            Council, either collectively or individually, to advise the
            Board regarding the extent to which the Corporation is meeting
            its development mandate and any suggestions for improvements in
            with respect to meeting that mandate, including opportunities in
            countries and project development and implementation challenges
            and opportunities.

    [[Page 132 STAT. 3492]]

                (4) Federal advisory committee act.--The Council shall not
            be subject to the Federal Advisory Committee Act (5 U.S.C.
            App.).
    SEC. 1414. INSPECTOR GENERAL OF THE CORPORATION.

        (a) In General.--Section 8G(a)(2) of the Inspector General Act of
    1978 (5 U.S.C. App.) is amended by inserting ``the United States
    International Development Finance Corporation,'' after ``the Smithsonian
    Institution,''.
        (b) Oversight Independence.--Section 8G(a)(4) of the Inspector
    General Act of 1978 (5 U.S.C. App.) is amended--
                (1) in subparagraph (H), by striking ``; and'' and inserting
            a semicolon;
                (2) in subparagraph (I), by striking the semicolon and
            inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(J) with respect to the United States
                    International Development Finance Corporation, such term
                    means the Board of Directors of the United States
                    International Development Finance Corporation;''.
    SEC. 1415. <<NOTE: 22 USC 9614.>>  INDEPENDENT ACCOUNTABILITY
                              MECHANISM.

        (a) In General.--The Board shall establish a transparent and
    independent accountability mechanism.
        (b) Functions.--The independent accountability mechanism established
    pursuant to subsection (a) shall--
                (1) annually evaluate and report to the Board and Congress
            regarding compliance with environmental, social, labor, human
            rights, and transparency standards, consistent with Corporation
            statutory mandates;
                (2) provide a forum for resolving concerns regarding the
            impacts of specific Corporation-supported projects with respect
            to such standards; and
                (3) provide advice regarding Corporation projects, policies,
            and practices.

                              TITLE II--AUTHORITIES

    SEC. 1421. <<NOTE: 22 USC 9621.>>  AUTHORITIES RELATING TO
                              PROVISION OF SUPPORT.

        (a) In General.--The authorities in this title shall only be
    exercised to--
                (1) carry out of the policy of the United States in section
            1411 and the purpose of the Corporation in section 1412;
                (2) mitigate risks to United States taxpayers by sharing
            risks with the private sector and qualifying sovereign entities
            through co-financing and structuring of tools; and
                (3) ensure that support provided under this title is
            additional to private sector resources by mobilizing private
            capital that would otherwise not be deployed without such
            support.

        (b) Lending and Guaranties.--
                (1) In general.--The Corporation may make loans or
            guaranties upon such terms and conditions as the Corporation may
            determine.
                (2) Denomination.--Loans and guaranties issued under
            paragraph (1) may be denominated and repayable in United States
            dollars or foreign currencies. Foreign currency denominated
            loans and guaranties should only be provided if the

    [[Page 132 STAT. 3493]]

            Board determines there is a substantive policy rationale for
            such loans and guaranties.
                (3) Applicability of federal credit reform act of 1990.--
            Loans and guaranties issued under paragraph (1) shall be subject
            to the requirements of the Federal Credit Reform Act of 1990 (2
            U.S.C. 661 et seq.).

        (c) Equity Investments.--
                (1) In general.--The Corporation may, as a minority
            investor, support projects with funds or use other mechanisms
            for the purpose of purchasing, and may make and fund commitments
            to purchase, invest in, make pledges in respect of, or otherwise
            acquire, equity or quasi-equity securities or shares or
            financial interests of any entity, including as a limited
            partner or other investor in investment funds, upon such terms
            and conditions as the Corporation may determine.
                (2) Denomination.--Support provided under paragraph (1) may
            be denominated and repayable in United States dollars or foreign
            currency. Foreign currency denominated support provided by
            paragraph (1) should only be provided if the Board determines
            there is a substantive policy rationale for such support.
                (3) Guidelines and criteria.--The Corporation shall develop
            guidelines and criteria to require that the use of the authority
            provided by paragraph (1) with respect to a project has a
            clearly defined development and foreign policy purpose, taking
            into account the following objectives:
                        (A) The support for the project would be more likely
                    than not to substantially reduce or overcome the effect
                    of an identified market failure in the country in which
                    the project is carried out.
                        (B) The project would not have proceeded or would
                    have been substantially delayed without the support.
                        (C) The support would meaningfully contribute to
                    transforming local conditions to promote the development
                    of markets.
                        (D) The support can be shown to be aligned with
                    commercial partner incentives.
                        (E) The support can be shown to have significant
                    developmental impact and will contribute to long-term
                    commercial sustainability.
                        (F) The support furthers the policy of the United
                    States described in section 1411.
                (4) Limitations on equity investments.--
                        (A) Per project limit.--The aggregate amount of
                    support provided under this subsection with respect to
                    any project shall not exceed 30 percent of the aggregate
                    amount of all equity investment made to the project at
                    the time that the Corporation approves support of the
                    project.
                        (B) Total limit.--Support provided pursuant to this
                    subsection shall be limited to not more than 35 percent
                    of the Corporation's aggregate exposure on the date that
                    such support is provided.
                (5) Sales and liquidation of position.--The Corporation
            shall seek to sell and liquidate any support for a project
            provided under this subsection as soon as commercially feasible,
            commensurate with other similar investors in the project and

    [[Page 132 STAT. 3494]]

            taking into consideration the national security interests of the
            United States.
                (6) Timetable.--The Corporation shall create a project-
            specific timetable for support provided under paragraph (1).

        (d) Insurance and Reinsurance.--The Corporation may issue insurance
    or reinsurance, upon such terms and conditions as the Corporation may
    determine, to private sector entities and qualifying sovereign entities
    assuring protection of their investments in whole or in part against any
    or all political risks such as currency inconvertibility and transfer
    restrictions, expropriation, war, terrorism, civil disturbance, breach
    of contract, or nonhonoring of financial obligations.
        (e) Promotion of and Support for Private Investment Opportunities.--
                (1) In general.--In order to carry out the purpose of the
            Corporation described in section 1412(b), the Corporation may
            initiate and support, through financial participation, incentive
            grant, or otherwise, and on such terms and conditions as the
            Corporation may determine, feasibility studies for the planning,
            development, and management of, and procurement for, potential
            bilateral and multilateral development projects eligible for
            support under this title, including training activities
            undertaken in connection with such projects, for the purpose of
            promoting investment in such projects and the identification,
            assessment, surveying, and promotion of private investment
            opportunities, utilizing wherever feasible and effective, the
            facilities of private investors.
                (2) Contributions to costs.--The Corporation shall, to the
            maximum extent practicable, require any person receiving funds
            under the authorities of this subsection to--
                        (A) share the costs of feasibility studies and other
                    project planning services funded under this subsection;
                    and
                        (B) reimburse the Corporation those funds provided
                    under this section, if the person succeeds in project
                    implementation.

        (f) Special Projects and Programs.--The Corporation may administer
    and manage special projects and programs in support of specific
    transactions undertaken by the Corporation, including programs of
    financial and advisory support that provide private technical,
    professional, or managerial assistance in the development of human
    resources, skills, technology, capital savings, or intermediate
    financial and investment institutions or cooperatives, and including the
    initiation of incentives, grants, or studies for energy, women's
    economic empowerment, microenterprise households, or other small
    business activities.
        (g) Enterprise Funds.--
                (1) In general.--The Corporation may, following consultation
            with the Secretary of State, the Administrator of the United
            States Agency for International Development, and the heads of
            other relevant departments or agencies, establish and operate
            enterprise funds in accordance with this subsection.
                (2) Private character of funds.--Nothing in this section
            shall be construed to make an enterprise fund an agency or
            establishment of the United States Government, or to make the
            officers, employees, or members of the Board of Directors of an
            enterprise fund officers or employees of the United States for
            purposes of title 5, United States Code.

    [[Page 132 STAT. 3495]]

                (3) Purposes for which support may be provided.--The
            Corporation, subject to the approval of the Board, may designate
            private, nonprofit organizations as eligible to receive support
            under this title for the following purposes:
                        (A) To promote development of economic freedom and
                    private sectors, including small- and medium-sized
                    enterprises and joint ventures with the United States
                    and host country participants.
                        (B) To facilitate access to credit to small- and
                    medium-sized enterprises with sound business plans in
                    countries where there is limited means of accessing
                    credit on market terms.
                        (C) To promote policies and practices conducive to
                    economic freedom and private sector development.
                        (D) To attract foreign direct investment capital to
                    further promote private sector development and economic
                    freedom.
                        (E) To complement the work of the United States
                    Agency for International Development and other donors to
                    improve the overall business-enabling environment,
                    financing the creation and expansion of the private
                    business sector.
                        (F) To make financially sustainable investments
                    designed to generate measurable social benefits and
                    build technical capacity in addition to financial
                    returns.
                (4) Operation of funds.--
                        (A) Expenditures.--Funds made available to an
                    enterprise fund shall be expended at the minimum rate
                    necessary to make timely payments for projects and
                    activities carried out under this subsection.
                        (B) Administrative expenses.--Not more than 3
                    percent per annum of the funds made available to an
                    enterprise fund may be obligated or expended for the
                    administrative expenses of the enterprise fund.
                (5) Board of directors.--Each enterprise fund established
            under this subsection should be governed by a Board of Directors
            comprised of private citizens of the United States or the host
            country, who--
                        (A) shall be appointed by the President after
                    consultation with the chairmen and ranking members of
                    the appropriate congressional committees; and
                        (B) have pursued careers in international business
                    and have demonstrated expertise in international and
                    emerging market investment activities.
                (6) Majority member requirement.--The majority of the
            members of the Board of Directors shall be United States
            citizens who shall have relevant experience relating to the
            purposes described in paragraph (3).
                (7) Reports.--Not later than one year after the date of the
            establishment of an enterprise fund under this subsection, and
            annually thereafter until the enterprise fund terminates in
            accordance with paragraph (10), the Board of Directors of the
            enterprise fund shall--
                        (A) submit to the appropriate congressional
                    committees a report--

    [[Page 132 STAT. 3496]]

                              (i) detailing the administrative expenses of
                          the enterprise fund during the year preceding the
                          submission of the report;
                              (ii) describing the operations, activities,
                          engagement with civil society and relevant local
                          private sector entities, development objectives
                          and outcomes, financial condition, and
                          accomplishments of the enterprise fund during that
                          year;
                              (iii) describing the results of any audit
                          conducted under paragraph (8); and
                              (iv) describing how audits conducted under
                          paragraph (8) are informing the operations and
                          activities of the enterprise fund; and
                        (B) publish, on a publicly available internet
                    website of the enterprise fund, each report required by
                    subparagraph (A).
                (8) Oversight.--
                        (A) Inspector general performance audits.--
                              (i) In general.--The Inspector General of the
                          Corporation shall conduct periodic audits of the
                          activities of each enterprise fund established
                          under this subsection.
                              (ii) Consideration.--In conducting an audit
                          under clause (i), the Inspector General shall
                          assess whether the activities of the enterprise
                          fund--
                                        (I) support the purposes described
                                    in paragraph (3);
                                        (II) result in profitable private
                                    sector investing; and
                                        (III) generate measurable social
                                    benefits.
                        (B) Recordkeeping requirements.--The Corporation
                    shall ensure that each enterprise fund receiving support
                    under this subsection--
                              (i) keeps separate accounts with respect to
                          such support; and
                              (ii) maintains such records as may be
                          reasonably necessary to facilitate effective
                          audits under this paragraph.
                (9) Return of funds to treasury.--Any funds resulting from
            any liquidation, dissolution, or winding up of an enterprise
            fund, in whole or in part, shall be returned to the Treasury of
            the United States.
                (10) Termination.--The authority of an enterprise fund to
            provide support under this subsection shall terminate on the
            earlier of--
                        (A) the date that is 10 years after the date of the
                    first expenditure of amounts from the enterprise fund;
                    or
                        (B) the date on which the enterprise fund is
                    liquidated.

        (h) Supervision of Support.--Support provided under this title shall
    be subject to section 622(c) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2382(c)).
        (i) Small Business Development.--
                (1) In general.--The Corporation shall undertake, in
            cooperation with appropriate departments, agencies, and
            instrumentalities of the United States as well as private
            entities and others, to broaden the participation of United
            States small businesses and cooperatives and other small United
            States

    [[Page 132 STAT. 3497]]

            investors in the development of small private enterprise in less
            developed friendly countries or areas.
                (2) Outreach to minority-owned and women-owned businesses.--
                        (A) In general.--The Corporation shall collect data
                    on the involvement of minority- and women-owned
                    businesses in projects supported by the Corporation,
                    including--
                              (i) the amount of insurance and financing
                          provided by the Corporation to such businesses in
                          connection with projects supported by the
                          Corporation; and
                              (ii) to the extent such information is
                          available, the involvement of such businesses in
                          procurement activities conducted or supported by
                          the Corporation.
                        (B) Inclusion in annual report.--The Corporation
                    shall include, in its annual report submitted to
                    Congress under section 1443, the aggregate data
                    collected under this paragraph, in such form as to
                    quantify the effectiveness of the Corporation's outreach
                    activities to minority- and women-owned businesses.
    SEC. 1422. <<NOTE: 22 USC 9622.>>  TERMS AND CONDITIONS.

        (a) In General.--Except as provided in subsection (b), support
    provided by the Corporation under this title shall be on such terms and
    conditions as the Corporation may prescribe.
        (b) Requirements.--The following requirements apply to support
    provided by the Corporation under this title:
                (1) The Corporation shall provide support using authorities
            under this title only if it is necessary--
                        (A) to alleviate a credit market imperfection; or
                        (B) to achieve specified development or foreign
                    policy objectives of the United States Government by
                    providing support in the most efficient way to meet
                    those objectives on a case-by-case basis.
                (2) The final maturity of a loan made or guaranteed by the
            Corporation shall not exceed the lesser of--
                        (A) 25 years; or
                        (B) debt servicing capabilities of the project to be
                    financed by the loan (as determined by the Corporation).
                (3) The Corporation shall, with respect to providing any
            loan guaranty to a project, require the parties to the project
            to bear the risk of loss in an amount equal to at least 20
            percent of the guaranteed support by the Corporation in the
            project.
                (4) The Corporation may not make or guarantee a loan unless
            the Corporation determines that the borrower or lender is
            responsible and that adequate provision is made for servicing
            the loan on reasonable terms and protecting the financial
            interest of the United States.
                (5) The interest rate for direct loans and interest
            supplements on guaranteed loans shall be set by reference to a
            benchmark interest rate (yield) on marketable Treasury
            securities or other widely recognized or appropriate benchmarks
            with a similar maturity to the loans being made or guaranteed,
            as determined in consultation with the Director of the Office of
            Management and Budget and the Secretary of the Treasury.

    [[Page 132 STAT. 3498]]

            The Corporation shall establish appropriate minimum interest
            rates for loans, guaranties, and other instruments as necessary.
                (6) The minimum interest rate for new loans as established
            by the Corporation shall be adjusted periodically to take
            account of changes in the interest rate of the benchmark
            financial instrument.
                (7)(A) The Corporation shall set fees or premiums for
            support provided under this title at levels that minimize the
            cost to the Government while supporting achievement of the
            objectives of support.
                (B) The Corporation shall review fees for loan guaranties
            periodically to ensure that the fees assessed on new loan
            guaranties are at a level sufficient to cover the Corporation's
            most recent estimates of its costs.
                (8) Any loan guaranty provided by the Corporation shall be
            conclusive evidence that--
                        (A) the guaranty has been properly obtained;
                        (B) the loan qualified for the guaranty; and
                        (C) but for fraud or material misrepresentation by
                    the holder of the guaranty, the guaranty is presumed to
                    be valid, legal, and enforceable.
                (9) The Corporation shall prescribe explicit standards for
            use in periodically assessing the credit risk of new and
            existing direct loans or guaranteed loans.
                (10) The Corporation may not make loans or loan guaranties
            except to the extent that budget authority to cover the costs of
            the loans or guaranties is provided in advance in an
            appropriations Act, as required by section 504 of the Federal
            Credit Reform Act of 1990 (2 U.S.C. 661c).
                (11) The Corporation shall rely upon specific standards to
            assess the developmental and strategic value of projects for
            which it provides support and should only provide the minimum
            level of support necessary in order to support such projects.
                (12) Any loan or loan guaranty made by the Corporation
            should be provided on a senior basis or pari passu with other
            senior debt unless there is a substantive policy rationale to
            provide such support otherwise.
    SEC. 1423. <<NOTE: 22 USC 9623.>>  PAYMENT OF LOSSES.

        (a) Payments for Defaults on Guaranteed Loans.--
                (1) In general.--If the Corporation determines that the
            holder of a loan guaranteed by the Corporation suffers a loss as
            a result of a default by a borrower on the loan, the Corporation
            shall pay to the holder the percent of the loss, as specified in
            the guaranty contract, after the holder of the loan has made
            such further collection efforts and instituted such enforcement
            proceedings as the Corporation may require.
                (2) Subrogation.--Upon making a payment described in
            paragraph (1), the Corporation shall ensure the Corporation will
            be subrogated to all the rights of the recipient of the payment.
                (3) Recovery efforts.--The Corporation shall pursue recovery
            from the borrower of the amount of any payment made under
            paragraph (1) with respect to the loan.

        (b) Limitation on Payments.--

    [[Page 132 STAT. 3499]]

                (1) In general.--Except as provided by paragraph (2),
            compensation for insurance, reinsurance, or a guaranty issued
            under this title shall not exceed the dollar value of the
            tangible or intangible contributions or commitments made in the
            project, plus interest, earnings, or profits actually accrued on
            such contributions or commitments, to the extent provided by
            such insurance, reinsurance, or guaranty.
                (2) Exception.--
                        (A) In general.--The Corporation may provide that--
                              (i) appropriate adjustments in the insured
                          dollar value be made to reflect the replacement
                          cost of project assets; and
                              (ii) compensation for a claim of loss under
                          insurance of an equity investment under section
                          1421 may be computed on the basis of the net book
                          value attributable to the equity investment on the
                          date of loss.
                (3) Additional limitation.--
                        (A) In general.--Notwithstanding paragraph
                    (2)(A)(ii) and except as provided in subparagraph (B),
                    the Corporation shall limit the amount of direct
                    insurance and reinsurance issued under section 1421 with
                    respect to a project so as to require that the insured
                    and its affiliates bear the risk of loss for at least 10
                    percent of the amount of the Corporation's exposure to
                    that insured and its affiliates in the project.
                        (B) Exception.--The limitation under subparagraph
                    (A) shall not apply to direct insurance or reinsurance
                    of loans provided by banks or other financial
                    institutions to unrelated parties.

        (c) Actions by Attorney General.--The Attorney General shall take
    such action as may be appropriate to enforce any right accruing to the
    United States as a result of the issuance of any loan or guaranty under
    this title.
        (d) Rule of Construction.--Nothing in this section shall be
    construed to preclude any forbearance for the benefit of a borrower that
    may be agreed upon by the parties to a loan guaranteed by the
    Corporation if budget authority for any resulting costs to the United
    States Government (as defined in section 502 of the Federal Credit
    Reform Act of 1990 (2 U.S.C. 661a)) is available.
    SEC. 1424. <<NOTE: 22 USC 9624.>>  TERMINATION.

        (a) In General.--The authorities provided under this title terminate
    on the date that is 7 years after the date of the enactment of this Act.
        (b) Termination of Corporation.--The Corporation shall terminate on
    the date on which the portfolio of the Corporation is liquidated.

                TITLE III--ADMINISTRATIVE AND GENERAL PROVISIONS

    SEC. 1431. <<NOTE: 22 USC 9631.>>  OPERATIONS.

        (a) Bilateral Agreements.--The Corporation may provide support under
    title II in connection with projects in any country the government of
    which has entered into an agreement with the

    [[Page 132 STAT. 3500]]

    United States authorizing the Corporation to provide such support in
    that country.
        (b) Claims Settlement.--
                (1) In general.--Claims arising as a result of support
            provided under title II or under predecessor authority may be
            settled, and disputes arising as a result thereof may be
            arbitrated with the consent of the parties, on such terms and
            conditions as the Corporation may determine.
                (2) Settlements conclusive.--Payment made pursuant to any
            settlement pursuant to paragraph (1), or as a result of an
            arbitration award, shall be final and conclusive notwithstanding
            any other provision of law.

        (c) Presumption of Compliance.--Each contract executed by such
    officer or officers as may be designated by the Board shall be
    conclusively presumed to be issued in compliance with the requirements
    of this division.
        (d) Electronic Payments and Documents.--The Corporation shall
    implement policies to accept electronic documents and electronic
    payments in all of its programs.
    SEC. 1432. <<NOTE: 22 USC 9632.>> CORPORATE POWERS.

        (a) In General.--The Corporation--
                (1) may adopt, alter, and use a seal, to include an
            identifiable symbol of the United States;
                (2) may make and perform such contracts, including no-cost
            contracts (as defined by the Corporation), grants, and other
            agreements notwithstanding division C of subtitle I of title 41,
            United States Code, with any person or government however
            designated and wherever situated, as may be necessary for
            carrying out the functions of the Corporation;
                (3) may lease, purchase, or otherwise acquire, improve, and
            use such real property wherever situated, as may be necessary
            for carrying out the functions of the Corporation, except that,
            if the real property is for the Corporation's own occupancy, the
            lease, purchase, acquisition, improvement, or use of the real
            property shall be entered into or conducted in consultation with
            the Administrator of General Services;
                (4) may accept cash gifts or donations of services or of
            property (real, personal, or mixed), tangible or intangible, for
            the purpose of carrying out the functions of the Corporation;
                (5) may use the United States mails in the same manner and
            on the same conditions as the Executive departments (as defined
            in section 101 of title 5, United States Code);
                (6) may contract with individuals for personal services, who
            shall not be considered Federal employees for any provision of
            law administered by the Director of the Office of Personnel
            Management;
                (7) may hire or obtain passenger motor vehicles;
                (8) may sue and be sued in its corporate name;
                (9) may acquire, hold, or dispose of, upon such terms and
            conditions as the Corporation may determine, any property, real,
            personal, or mixed, tangible or intangible, or any interest in
            such property, except that, in the case of real property that is
            for the Corporation's own occupancy, the acquisition, holding,
            or disposition of the real property shall be conducted in
            consultation with the Administrator of General Services;

    [[Page 132 STAT. 3501]]

                (10) may lease office space for the Corporation's own use,
            with the obligation of amounts for such lease limited to the
            current fiscal year for which payments are due until the
            expiration of the current lease under predecessor authority, as
            of the day before the date of the enactment of this Act;
                (11) may indemnify directors, officers, employees, and
            agents of the Corporation for liabilities and expenses incurred
            in connection with their activities on behalf of the
            Corporation;
                (12) notwithstanding any other provision of law, may
            represent itself or contract for representation in any legal or
            arbitral proceeding;
                (13) may exercise any priority of the Government of the
            United States in collecting debts from bankrupt, insolvent, or
            decedents' estates;
                (14) may collect, notwithstanding section 3711(g)(1) of
            title 31, United States Code, or compromise any obligations
            assigned to or held by the Corporation, including any legal or
            equitable rights accruing to the Corporation;
                (15) may make arrangements with foreign governments
            (including agencies, instrumentalities, or political
            subdivisions of such governments) or with multilateral
            organizations or institutions for sharing liabilities;
                (16) may sell direct investments of the Corporation to
            private investors upon such terms and conditions as the
            Corporation may determine; and
                (17) shall have such other powers as may be necessary and
            incident to carrying out the functions of the Corporation.

        (b) Treatment of Property.--Notwithstanding any other provision of
    law relating to the acquisition, handling, or disposal of property by
    the United States, the Corporation shall have the right in its
    discretion to complete, recondition, reconstruct, renovate, repair,
    maintain, operate, or sell any property acquired by the Corporation
    pursuant to the provisions of this division, except that, in the case of
    real property that is for the Corporation's own occupancy, the
    completion, reconditioning, reconstruction, renovation, repair,
    maintenance, operation, or sale of the real property shall be conducted
    in consultation with the Administrator of General Services.
    SEC. 1433. <<NOTE: 22 USC 9633.>>  MAXIMUM CONTINGENT LIABILITY.

        The maximum contingent liability of the Corporation outstanding at
    any one time shall not exceed in the aggregate $60,000,000,000.
    SEC. 1434. <<NOTE: 22 USC 9634.>>  CORPORATE FUNDS.

        (a) Corporate Capital Account.--There is established in the Treasury
    of the United States a fund to be known as the ``Corporate Capital
    Account'' to carry out the purposes of the Corporation.
        (b) Funding.--The Corporate Capital Account shall consist of--
                (1) fees charged and collected pursuant to subsection (c);
                (2) any amounts received pursuant to subsection (e);
                (3) investments and returns on such investments pursuant to
            subsection (g);
                (4) unexpended balances transferred to the Corporation
            pursuant to subsection (i);
                (5) payments received in connection with settlements of all
            insurance and reinsurance claims of the Corporation; and

    [[Page 132 STAT. 3502]]

                (6) all other collections transferred to or earned by the
            Corporation, excluding the cost, as defined in section 502 of
            the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans
            and loan guaranties.

        (c) Fee Authority.--Fees may be charged and collected for providing
    services in amounts to be determined by the Corporation.
        (d) Uses.--
                (1) In general.--Subject to Acts making appropriations, the
            Corporation is authorized to pay--
                        (A) the cost, as defined in section 502 of the
                    Federal Credit Reform Act of 1990, of loans and loan
                    guaranties;
                        (B) administrative expenses of the Corporation;
                        (C) for the cost of providing support authorized by
                    subsections (c), (e), (f), and (g) of section 1421;
                        (D) project-specific transaction costs.
                (2) Income and revenue.--In order to carry out the purposes
            of the Corporation, all collections transferred to or earned by
            the Corporation, excluding the cost, as defined in section 502
            of the Federal Credit Reform Act of 1990, of loans and loan
            guaranties, shall be deposited into the Corporate Capital
            Account and shall be available to carry out its purpose,
            including without limitation--
                        (A) payment of all insurance and reinsurance claims
                    of the Corporation;
                        (B) repayments to the Treasury of amounts borrowed
                    under subsection (e); and
                        (C) dividend payments to the Treasury under
                    subsection (f).

        (e) Full Faith and Credit.--
                (1) In general.--All support provided pursuant to
            predecessor authorities or title II shall continue to constitute
            obligations of the United States, and the full faith and credit
            of the United States is hereby pledged for the full payment and
            performance of such obligations.
                (2) Authority to borrow.--The Corporation is authorized to
            borrow from the Treasury such sums as may be necessary to
            fulfill such obligations of the United States and any such
            borrowing shall be at a rate determined by the Secretary of the
            Treasury, taking into consideration the current average market
            yields on outstanding marketable obligations of the United
            States of comparable maturities, for a period jointly determined
            by the Corporation and the Secretary, and subject to such terms
            and conditions as the Secretary may require.

        (f) Dividends.--The Board, in consultation with the Director of the
    Office of Management and Budget, shall annually assess a dividend
    payment to the Treasury if the Corporation's insurance portfolio is more
    than 100 percent reserved.
        (g) Investment Authority.--
                (1) In general.--The Corporation may request the Secretary
            of the Treasury to invest such portion of the Corporate Capital
            Account as is not, in the Corporation's judgment, required to
            meet the current needs of the Corporate Capital Account.
                (2) Form of investments.--Such investments shall be made by
            the Secretary of the Treasury in public debt obligations, with
            maturities suitable to the needs of the Corporate Capital
            Account, as determined by the Corporation, and bearing

    [[Page 132 STAT. 3503]]

            interest at rates determined by the Secretary, taking into
            consideration current market yields on outstanding marketable
            obligations of the United States of comparable maturities.

        (h) Collections.--Interest earnings made pursuant to subsection (g),
    earnings collected related to equity investments, and amounts, excluding
    fees related to insurance or reinsurance, collected pursuant to
    subsection (c), shall not be collected for any fiscal year except to the
    extent provided in advance in appropriations Acts.
        (i) Transfer From Predecessor Agencies and Programs.--By the end of
    the transition period described in title VI, the unexpended balances,
    assets, and responsibilities of any agency specified in the plan
    required by section 1462 shall be transferred to the Corporation.
        (j) Transfer of Funds.--In order to carry out this division, funds
    authorized to be appropriated to carry out the Foreign Assistance Act of
    1961 (22 U.S.C. 2151 et seq.) may be transferred to the Corporation and
    funds authorized to be appropriated to the Corporation may be
    transferred to the Department of State and the United States Agency for
    International Development.
        (k) Definition.--In this section, the term ``project-specific
    transaction costs''--
                (1) means those costs incurred by the Corporation for
            travel, legal expenses, and direct and indirect costs incurred
            in claims settlements associated with the provision of support
            under title II and shall not be considered administrative
            expenses for the purposes of this section; and
                (2) does not include information technology (as such term is
            defined in section 11101 of title 40, United States Code).
    SEC. 1435. <<NOTE: 22 USC 9635.>>  COORDINATION WITH OTHER
                              DEVELOPMENT AGENCIES.

        It is the sense of Congress that the Corporation should use relevant
    data of the Department of State, the Millennium Challenge Corporation,
    the United States Agency for International Development, and other
    departments and agencies that have development functions to better
    inform the decisions of the Corporation with respect to providing
    support under title II.

                 TITLE IV--MONITORING, EVALUATION, AND REPORTING

    SEC. 1441. <<NOTE: 22 USC 9651.>>  ESTABLISHMENT OF RISK AND AUDIT
                              COMMITTEES.

        (a) In General.--To assist the Board to fulfill its duties and
    responsibilities under section 1421(a), the Corporation shall establish
    a risk committee and an audit committee.
        (b) Duties and Responsibilities of Risk Committee.--Subject to the
    direction of the Board, the risk committee established under subsection
    (a) shall have oversight responsibility of--
                (1) formulating risk management policies of the operations
            of the Corporation;
                (2) reviewing and providing guidance on operation of the
            Corporation's global risk management framework;
                (3) developing policies for enterprise risk management,
            monitoring, and management of strategic, reputational,
            regulatory, operational, developmental, environmental, social,
            and financial risks;

    [[Page 132 STAT. 3504]]

                (4) developing the risk profile of the Corporation,
            including a risk management and compliance framework and
            governance structure to support such framework; and
                (5) developing policies and procedures for assessing, prior
            to providing, and for any period during which the Corporation
            provides, support to any foreign entities, whether such entities
            have in place sufficient enhanced due diligence policies and
            practices to prevent money laundering and corruption to ensure
            the Corporation does not provide support to persons that are--
                        (A) knowingly engaging in acts of corruption;
                        (B) knowingly providing material or financial
                    support for terrorism, drug trafficking, or human
                    trafficking; or
                        (C) responsible for ordering or otherwise directing
                    serious or gross violations of human rights.

        (c) Duties and Responsibilities of Audit Committee.--Subject to the
    direction of the Board, the audit committee established under subsection
    (a) shall have the oversight responsibility of--
                (1) the integrity of the Corporation's financial reporting
            and systems of internal controls regarding finance and
            accounting;
                (2) the integrity of the Corporation's financial statements;
                (3) the performance of the Corporation's internal audit
            function; and
                (4) compliance with legal and regulatory requirements
            related to the finances of the Corporation.
    SEC. 1442. <<NOTE: 22 USC 9652.>>  PERFORMANCE MEASURES,
                              EVALUATION, AND LEARNING.

        (a) In General.--The Corporation shall develop a performance
    measurement system to evaluate and monitor projects supported by the
    Corporation under title II and to guide future projects of the
    Corporation.
        (b) Considerations.--In developing the performance measurement
    system required by subsection (a), the Corporation shall--
                (1) develop a successor for the development impact
            measurement system of the Overseas Private Investment
            Corporation (as such system was in effect on the day before the
            date of the enactment of this Act);
                (2) develop a mechanism for ensuring that support provided
            by the Corporation under title II is in addition to private
            investment;
                (3) develop standards for, and a method for ensuring,
            appropriate financial performance of the Corporation's
            portfolio; and
                (4) develop standards for, and a method for ensuring,
            appropriate development performance of the Corporation's
            portfolio, including--
                        (A) measurement of the projected and ex post
                    development impact of a project; and
                        (B) the information necessary to comply with section
                    1443.

        (c) Public Availability of Certain Information.--The Corporation
    shall make available to the public on a regular basis information about
    support provided by the Corporation under title II and performance
    metrics about such support on a country-by-country basis.

    [[Page 132 STAT. 3505]]

        (d) Consultation.--In developing the performance measurement system
    required by subsection (a), the Corporation shall consult with the
    Development Advisory Council established under section 1413(i) and other
    stakeholders and interested parties engaged in sustainable economic
    growth and development.
    SEC. 1443. <<NOTE: 22 USC 9653.>>  ANNUAL REPORT.

        (a) In General.--After the end of each fiscal year, the Corporation
    shall submit to the appropriate congressional committees a complete and
    detailed report of its operations during that fiscal year, including an
    assessment of--
                (1) the economic and social development impact, including
            with respect to matters described in subsections (d), (e), and
            (f) of section 1451, of projects supported by the Corporation
            under title II;
                (2) the extent to which the operations of the Corporation
            complement or are compatible with the development assistance
            programs of the United States and qualifying sovereign entities;
                (3) the Corporation's institutional linkages with other
            relevant United States Government department and agencies,
            including efforts to strengthen such linkages; and
                (4) the compliance of projects supported by the Corporation
            under title II with human rights, environmental, labor, and
            social policies, or other such related policies that govern the
            Corporation's support for projects, promulgated or otherwise
            administered by the Corporation.

        (b) Elements.--Each annual report required by subsection (a) shall
    include analyses of the effects of projects supported by the Corporation
    under title II, including--
                (1) reviews and analyses of--
                        (A) the desired development outcomes for projects
                    and whether or not the Corporation is meeting the
                    associated metrics, goals, and development objectives,
                    including, to the extent practicable, in the years after
                    conclusion of projects; and
                        (B) the effect of the Corporation's support on
                    access to capital and ways in which the Corporation is
                    addressing identifiable market gaps or inefficiencies
                    and what impact, if any, such support has on access to
                    credit for a specific project, country, or sector;
                (2) an explanation of any partnership arrangement or
            cooperation with a qualifying sovereign entity in support of
            each project;
                (3) projections of--
                        (A) development outcomes, and whether or not support
                    for projects are meeting the associated performance
                    measures, both during the start-up phase and over the
                    duration of the support, and to the extent practicable,
                    measures of such development outcomes should be on a
                    gender-disaggregated basis, such as changes in
                    employment, access to financial services, enterprise
                    development and growth, and composition of executive
                    boards and senior leadership of enterprises receiving
                    support under title II; and
                        (B) the value of private sector assets brought to
                    bear relative to the amount of support provided by the
                    Corporation and the value of any other public sector
                    support; and

    [[Page 132 STAT. 3506]]

                (4) an assessment of the extent to which lessons learned
            from the monitoring and evaluation activities of the
            Corporation, and from annual reports from previous years
            compiled by the Corporation, have been applied to projects.
    SEC. 1444. <<NOTE: 22 USC 9654.>>  PUBLICLY AVAILABLE PROJECT
                              INFORMATION.

        The Corporation shall--
                (1) maintain a user-friendly, publicly available, machine-
            readable database with detailed project-level information, as
            appropriate and to the extent practicable, including a
            description of the support provided by the Corporation under
            title II, including, to the extent feasible, the information
            included in the report to Congress under section 1443 and
            project-level performance metrics; and
                (2) include a clear link to information about each project
            supported by the Corporation under title II on the internet
            website of the Department of State, ``ForeignAssistance.gov'',
            or a successor website or other online publication.
    SEC. 1445. <<NOTE: 22 USC 9655.>>  ENGAGEMENT WITH INVESTORS.

        (a) In General.--The Corporation, acting through the Chief
    Development Officer, shall, in cooperation with the Administrator of the
    United States Agency for International Development--
                (1) develop a strategic relationship with private sector
            entities focused at the nexus of business opportunities and
            development priorities;
                (2) engage such entities and reduce business risks primarily
            through direct transaction support and facilitating investment
            partnerships;
                (3) develop and support tools, approaches, and
            intermediaries that can mobilize private finance at scale in the
            developing world;
                (4) pursue highly developmental projects of all sizes,
            especially those that are small but designed for work in the
            most underdeveloped areas, including countries with chronic
            suffering as a result of extreme poverty, fragile institutions,
            or a history of violence; and
                (5) pursue projects consistent with the policy of the United
            States described in section 1411 and the Joint Strategic Plan
            and the Mission Country Development Cooperation Strategies of
            the United States Agency for International Development.

        (b) Assistance.--To achieve the goals described in subsection (a),
    the Corporation shall--
                (1) develop risk mitigation tools;
                (2) provide transaction structuring support for blended
            finance models;
                (3) support intermediaries linking capital supply and
            demand;
                (4) coordinate with other Federal agencies to support or
            accelerate transactions;
                (5) convene financial, donor, civil society, and public
            sector partners around opportunities for private finance within
            development priorities;
                (6) offer strategic planning and programming assistance to
            catalyze investment into priority sectors;
                (7) provide transaction structuring support;
                (8) deliver training and knowledge management tools for
            engaging private investors;

    [[Page 132 STAT. 3507]]

                (9) partner with private sector entities that provide access
            to capital and expertise; and
                (10) identify and screen new investment partners.

        (c) Technical Assistance.--The Corporation shall coordinate with the
    United States Agency for International Development and other agencies
    and departments, as necessary, on projects and programs supported by the
    Corporation that include technical assistance.
    SEC. 1446. <<NOTE: 22 USC 9656.>>  NOTIFICATIONS TO BE PROVIDED BY
                              THE CORPORATION.

        (a) In General.--Not later than 15 days prior to the Corporation
    making a financial commitment associated with the provision of support
    under title II in an amount in excess of $10,000,000, the Chief
    Executive Officer of the Corporation shall submit to the appropriate
    congressional committees a report in writing that contains the
    information required by subsection (b).
        (b) Information Required.--The information required by this
    subsection includes--
                (1) the amount of each such financial commitment;
                (2) an identification of the recipient or beneficiary; and
                (3) a description of the project, activity, or asset and the
            development goal or purpose to be achieved by providing support
            by the Corporation.

        (c) Bilateral Agreements.--The Chief Executive Officer of the
    Corporation shall notify the appropriate congressional committees not
    later than 30 days after entering into a new bilateral agreement
    described in section 1431(a).

               TITLE V--CONDITIONS, RESTRICTIONS, AND PROHIBITIONS

    SEC. 1451. <<NOTE: 22 USC 9671.>>  LIMITATIONS AND PREFERENCES.

        (a) Limitation on Support for Single Entity.--No entity receiving
    support from the Corporation under title II may receive more than an
    amount equal to 5 percent of the Corporation's maximum contingent
    liability authorized under section 1433.
        (b) Preference for Support for Projects Sponsored by United States
    Persons.--
                (1) In general.--The Corporation should give preferential
            consideration to projects sponsored by or involving private
            sector entities that are United States persons.
                (2) United states person defined.--In this subsection, the
            term ``United States person'' means--
                        (A) a United States citizen; or
                        (B) an entity owned or controlled by an individual
                    or individuals described in subparagraph (A).

        (c) Preference for Support in Countries in Compliance With
    International Trade Obligations.--
                (1) Consultations with united states trade representative.--
            Not less frequently than annually, the Corporation shall consult
            with the United States Trade Representative with respect to the
            status of countries eligible to receive support from the
            Corporation under title II and the compliance of those countries
            with their international trade obligations.
                (2) Preferential consideration.--The Corporation shall give
            preferential consideration to providing support under title

    [[Page 132 STAT. 3508]]

            II for projects in countries in compliance with or making
            substantial progress coming into compliance with their
            international trade obligations.

        (d) Worker Rights.--
                (1) In general.--The Corporation shall only support projects
            under title II in countries that are taking steps to adopt and
            implement laws that extend internationally recognized worker
            rights (as defined in section 507 of the Trade Act of 1974 (19
            U.S.C. 2467)) to workers in that country, including any
            designated zone in that country.
                (2) Required contract language.--The Corporation shall also
            include the following language, in substantially the following
            form, in all contracts which the Corporation enters into with
            persons receiving support under title II: ``The person receiving
            support agrees not to take actions to prevent employees of the
            foreign enterprise from lawfully exercising their right of
            association and their right to organize and bargain
            collectively. The person further agrees to observe applicable
            laws relating to a minimum age for employment of children,
            acceptable conditions of work with respect to minimum wages,
            hours of work, and occupational health and safety, and not to
            use forced labor or the worst forms of child labor (as defined
            in section 507 of the Trade Act of 1974 (19 U.S.C. 2467)). The
            person is not responsible under this paragraph for the actions
            of a foreign government.''.

        (e) Impact Notification.--The Board shall not vote in favor of any
    project proposed to be supported by the Corporation under title II that
    is likely to have significant adverse environmental or social impacts
    that are sensitive, diverse, or unprecedented, unless--
                (1) at least 60 days before the date of the vote, an
            environmental and social impact assessment or initial
            environmental and social audit, analyzing the environmental and
            social impacts of the proposed project and of alternatives to
            the proposed project, including mitigation measures, is
            completed;
                (2) such assessment or audit has been made available to the
            public of the United States, locally affected groups in the
            country in which the project will be carried out, and
            nongovernmental organizations in that country; and
                (3) the Corporation, applying best practices with respect to
            environmental and social safeguards, includes in any contract
            relating to the project provisions to ensure the mitigation of
            any such adverse environmental or social impacts.

        (f) Women's Economic Empowerment.--In utilizing its authorities
    under title II, the Corporation shall consider the impacts of its
    support on women's economic opportunities and outcomes and shall
    prioritize the reduction of gender gaps and maximize development impact
    by working to improve women's economic opportunities.
        (g) Preference for Provision of Support in Countries Embracing
    Private Enterprise.--
                (1) In general.--The Corporation should give preferential
            consideration to projects for which support under title II may
            be provided in countries the governments of which have
            demonstrated consistent support for economic policies that
            promote

    [[Page 132 STAT. 3509]]

            the development of private enterprise, both domestic and
            foreign, and maintaining the conditions that enable private
            enterprise to make a full contribution to the development of
            such countries, including--
                        (A) market-based economic policies;
                        (B) protection of private property rights;
                        (C) respect for the rule of law; and
                        (D) systems to combat corruption and bribery.
                (2) Sources of information.--The Corporation should rely on
            both third-party indicators and United States Government
            information, such as the Department of State's Investment
            Climate Statements, the Department of Commerce's Country
            Commercial Guides, or the Millennium Challenge Corporation's
            Constraints Analysis, to assess whether countries meet the
            conditions described in paragraph (1).

        (h) Consideration of Foreign Boycott Participation.--In providing
    support for projects under title II, the Corporation shall consider,
    using information readily available, whether the project is sponsored by
    or substantially affiliated with any person taking or knowingly agreeing
    to take actions, or having taken or knowingly agreed to take actions
    within the past 3 years, which demonstrate or otherwise evidence intent
    to comply with, further, or support any boycott described in section
    1773(a) of the Export Control Reform Act of 2018 (subtitle B of title
    XVII of Public Law 115-232).
        (i) Ensuring Opportunities for Small Businesses in Foreign
    Development.--The Corporation shall, using broad criteria, make, to the
    maximum extent possible consistent with this division, efforts--
                (1) to give preferential consideration in providing support
            under title II to projects sponsored by or involving small
            businesses; and
                (2) to ensure that the proportion of projects sponsored by
            or involving United States small businesses, including women-,
            minority-, and veteran-owned small businesses, is not less than
            50 percent of all projects for which the Corporation provides
            support and that involve United States persons.
    SEC. 1452. <<NOTE: 22 USC 9672.>>  ADDITIONALITY AND AVOIDANCE OF
                              MARKET DISTORTION.

        (a) In General.--Before the Corporation provides support for a
    project under title II, the Corporation shall ensure that private sector
    entities are afforded an opportunity to support the project.
        (b) Safeguards, Policies, and Guidelines.--The Corporation shall
    develop appropriate safeguards, policies, and guidelines to ensure that
    support provided by the Corporation under title II--
                (1) supplements and encourages, but does not compete with,
            private sector support;
                (2) operates according to internationally recognized best
            practices and standards with respect to ensuring the avoidance
            of market distorting government subsidies and the crowding out
            of private sector lending; and
                (3) does not have a significant adverse impact on United
            States employment.

    [[Page 132 STAT. 3510]]

    SEC. 1453. <<NOTE: 22 USC 9673.>>  PROHIBITION ON SUPPORT IN
                              COUNTRIES THAT SUPPORT TERRORISM OR
                              VIOLATE HUMAN RIGHTS AND WITH SANCTIONED
                              PERSONS.

        (a) In General.--The Corporation is prohibited from providing
    support under title II for a government, or an entity owned or
    controlled by a government, if the Secretary of State has determined
    that the government--
                (1) has repeatedly provided support for acts of
            international terrorism for purposes of--
                        (A) section 1754(c)(1)(A)(i) of the Export Control
                    Reform Act of 2018 (subtitle B of title XVII of Public
                    Law 115-232);
                        (B) section 620A(a) of the Foreign Assistance Act of
                    1961 (22 U.S.C. 2371(a));
                        (C) section 40(d) of the Arms Export Control Act (22
                    U.S.C. 2780(d)); or
                        (D) any other relevant provision of law; or
                (2) has engaged in a consistent pattern of gross violations
            of internationally recognized human rights for purposes of
            section 116(a) or 502B(a)(2) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant
            provision of law.

        (b) Prohibition on Support of Sanctioned Persons.--The Corporation
    is prohibited from all dealings related to any project under title II
    prohibited under United States sanctions laws or regulations, including
    dealings with persons on the list of specially designated persons and
    blocked persons maintained by the Office of Foreign Assets Control of
    the Department of the Treasury, except to the extent otherwise
    authorized by the Secretary of the Treasury or the Secretary of State.
        (c) Prohibition on Support of Activities Subject to Sanctions.--The
    Corporation shall require any person receiving support under title II to
    certify that the person, and any entity owned or controlled by the
    person, is in compliance with all United States sanctions laws and
    regulations.
    SEC. 1454. <<NOTE: 22 USC 9674.>>  APPLICABILITY OF CERTAIN
                              PROVISIONS OF LAW.

        Subsections (g), (l), (m), and (n) of section 237 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2197) shall apply with respect to the
    Corporation to the same extent and in the same manner as such
    subsections applied with respect to the Overseas Private Investment
    Corporation on the day before the date of the enactment of this Act.

                        TITLE VI--TRANSITIONAL PROVISIONS

    SEC. 1461. <<NOTE: 22 USC 9681.>>  DEFINITIONS.

        In this title:
                (1) Agency.--The term ``agency'' includes any entity,
            organizational unit, program, or function.
                (2) Transition period.--The term ``transition period'' means
            the period--
                        (A) beginning on the date of the enactment of this
                    Act; and
                        (B) ending on the effective date of the
                    reorganization plan required by section 1462(e).

    [[Page 132 STAT. 3511]]

    SEC. 1462. <<NOTE: 22 USC 9682.>>  REORGANIZATION PLAN.

        (a) Submission of Plan.--
                (1) In general.--Not later than 120 days after the date of
            the enactment of this Act, the President shall transmit to the
            appropriate congressional committees a reorganization plan
            regarding the following:
                        (A) The transfer of agencies, personnel, assets, and
                    obligations to the Corporation pursuant to this title.
                        (B) Any consolidation, reorganization, or
                    streamlining of agencies transferred to the Corporation
                    pursuant to this title.
                        (C) Any efficiencies or cost savings achieved or
                    additional costs incurred as a result of the transfer of
                    agencies, personnel, assets, and obligations to the
                    Corporation pursuant to this title, including reductions
                    in unnecessary or duplicative operations, assets, and
                    personnel.
                (2) Consultation.--Not later than 15 days before the date on
            which the plan is transmitted pursuant to this subsection, the
            President shall consult with the appropriate congressional
            committees on such plan.

        (b) Plan Elements.--The plan transmitted under subsection (a) shall
    contain, consistent with this division, such elements as the President
    deems appropriate, including the following:
                (1) Identification of any functions of agencies transferred
            to the Corporation pursuant to this title that will not be
            transferred to the Corporation under the plan.
                (2) Specification of the steps to be taken to organize the
            Corporation, including the delegation or assignment of functions
            transferred to the Corporation.
                (3) Specification of the funds available to each agency that
            will be transferred to the Corporation as a result of transfers
            under the plan.
                (4) Specification of the proposed allocations within the
            Corporation of unexpended funds transferred in connection with
            transfers under the plan.
                (5) Specification of any proposed disposition of property,
            facilities, contracts, records, and other assets and obligations
            of agencies transferred under the plan.
                (6) Specification of the number of authorized positions and
            personnel employed before the end of the transition period that
            will be transferred to the Corporation, including plans to
            mitigate the impact of such transfers on the United States
            Agency for International Development.

        (c) Report on Coordination.--
                (1) In general.--The transfer of functions authorized by
            this section may occur only after the President and Chief
            Executive Officer of the Overseas Private Investment Corporation
            and the Administrator of the United States Agency for
            International Development jointly submit to the Committee on
            Foreign Affairs and Committee on Appropriations of the House of
            Representatives and Committee on Foreign Relations and Committee
            on Appropriations of the Senate a report in writing that
            contains the information required by paragraph (2).
                (2) Information required.--The information required by this
            paragraph includes a description in detail of the procedures to
            be followed after the transfer of functions authorized by

    [[Page 132 STAT. 3512]]

            this section have occurred to coordinate between the Corporation
            and the United States Agency for International Development in
            carrying out the functions so transferred.

        (d) Modification of Plan.--The President shall consult with the
    appropriate congressional committees before making any material
    modification or revision to the plan before the plan becomes effective
    in accordance with subsection (e).
        (e) Effective Date.--
                (1) In general.--The reorganization plan described in this
            section, including any modifications or revisions of the plan
            under subsection (c), shall become effective for an agency on
            the date specified in the plan (or the plan as modified pursuant
            to subsection (d)), except that such date may not be earlier
            than 90 days after the date the President has transmitted the
            reorganization plan to the appropriate congressional committees
            pursuant to subsection (a).
                (2) Statutory construction.--Nothing in this subsection may
            be construed to require the transfer of functions, personnel,
            records, balances of appropriations, or other assets of an
            agency on a single date.
    SEC. 1463. <<NOTE: 22 USC 9683.>>  TRANSFER OF FUNCTIONS.

        (a) In General.--Effective at the end of the transition period,
    there shall be transferred to the Corporation the functions, personnel,
    assets, and liabilities of--
                (1) the Overseas Private Investment Corporation, as in
            existence on the day before the date of the enactment of this
            Act; and
                (2) the following elements of the United States Agency for
            International Development:
                        (A) The Development Credit Authority.
                        (B) The existing Legacy Credit portfolio under the
                    Urban Environment Program and any other direct loan
                    programs and non-Development Credit Authority guaranty
                    programs authorized by the Foreign Assistance Act of
                    1961 (22 U.S.C. 2151 et seq.) or other predecessor Acts,
                    as in existence on the date of the enactment of this
                    Act, other than any sovereign loan guaranties.

        (b) Additional Transfer Authority.--Effective at the end of the
    transition period, there is authorized to be transferred to the
    Corporation, with the concurrence of the Administrator of the United
    States Agency for International Development, the functions, personnel,
    assets, and liabilities of the following elements of the United States
    Agency for International Development:
                (1) The Office of Private Capital and Microenterprise.
                (2) The enterprise funds.

        (c) Sovereign Loan Guaranty Transfer.--
                (1) In general.--Effective at the end of the transition
            period, there is authorized to be transferred to the Corporation
            or any other appropriate department or agency of the United
            States Government the loan accounts and the legal rights and
            responsibilities for the sovereign loan guaranty portfolio held
            by the United States Agency for International Development as in
            existence on the day before the date of the enactment of this
            Act.
                (2) Inclusion in reorganization plan.--The President shall
            include in the reorganization plan submitted under section

    [[Page 132 STAT. 3513]]

            1462 a description of the transfer authorized under paragraph
            (1).

        (d) Bilateral Agreements.--Any bilateral agreement of the United
    States in effect on the date of the enactment of this Act that serves as
    the basis for programs of the Overseas Private Investment Corporation
    and the Development Credit Authority shall be considered as satisfying
    the requirements of section 1431(a).
        (e) Transition.--During the transition period, the agencies
    specified in subsection (a) shall--
                (1) continue to administer the assets and obligations of
            those agencies; and
                (2) carry out such programs and activities authorized under
            this division as may be determined by the President.
    SEC. 1464. <<NOTE: 22 USC 9684.>>  TERMINATION OF OVERSEAS PRIVATE
                              INVESTMENT CORPORATION AND OTHER
                              SUPERCEDED AUTHORITIES.

        Effective at the end of the transition period--
                (1) the Overseas Private Investment Corporation is
            terminated; and
                (2) title IV of chapter 2 of part I of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2191 et seq.) (other than
            subsections (g), (l), (m), and (n) of section 237 of that
            Act) <<NOTE: 22 USC 2191-2200b.>>  is repealed.
    SEC. 1465. <<NOTE: 22 USC 9685.>>  TRANSITIONAL AUTHORITIES.

        (a) Provision of Assistance by Officials.--Until the transfer of an
    agency to the Corporation under section 1463, any official having
    authority over, or functions relating to, the agency on the day before
    the date of the enactment of this Act shall provide to the Corporation
    such assistance, including the use of personnel and assets, as the
    Corporation may request in preparing for the transfer and integration of
    the agency into the Corporation.
        (b) Services and Personnel.--During the transition period, upon the
    request of the Corporation, the head of any executive agency may, on a
    reimbursable or non-reimbursable basis, provide services or detail
    personnel to assist with the transition.
        (c) Acting Officials.--
                (1) In general.--During the transition period, pending the
            advice and consent of the Senate to the appointment of an
            officer required by this division to be appointed by and with
            such advice and consent, the President may designate any officer
            whose appointment was required to be made by and with such
            advice and consent and who was such an officer before the end of
            the transition period (and who continues in office) or
            immediately before such designation, to act in such office until
            the same is filled as provided in this division. While so
            acting, such officers shall receive compensation at the higher
            of--
                        (A) the rates provided by this division for the
                    respective offices in which they act; or
                        (B) the rates provided for the offices held at the
                    time of designation.
                (2) Rule of construction.--Nothing in this division shall be
            construed to require the advice and consent of the Senate to the
            appointment by the President to a position in the Corporation of
            any officer whose agency is transferred to the Corporation
            pursuant to this title and whose duties following such transfer
            are germane to those performed before such transfer.

    [[Page 132 STAT. 3514]]

        (d) Transfer of Personnel, Assets, Obligations, and Functions.--Upon
    the transfer of an agency to the Corporation under section 1463--
                (1) the personnel, assets, and obligations held by or
            available in connection with the agency shall be transferred to
            the Corporation for appropriate allocation, subject to the
            approval of the Director of the Office of Management and Budget
            and in accordance with section 1531(a)(2) of title 31, United
            States Code; and
                (2) the Corporation shall have all functions--
                        (A) relating to the agency that any other official
                    could by law exercise in relation to the agency
                    immediately before such transfer; and
                        (B) vested in the Corporation by this division or
                    other law.
    SEC. 1466. <<NOTE: 22 USC 9686.>>  SAVINGS PROVISIONS.

        (a) Completed Administrative Actions.--
                (1) In general.--Completed administrative actions of an
            agency shall not be affected by the enactment of this Act or the
            transfer of such agency to the Corporation under section 1463,
            but shall continue in effect according to their terms until
            amended, modified, superseded, terminated, set aside, or revoked
            in accordance with law by an officer of the United States or a
            court of competent jurisdiction, or by operation of law.
                (2) Completed administrative action defined.--In this
            subsection, the term ``completed administrative action''
            includes orders, determinations, rules, regulations, personnel
            actions, permits, agreements, grants, contracts, certificates,
            policies, licenses, registrations, and privileges.

        (b) Pending Proceedings.--
                (1) In general.--Pending proceedings in an agency, including
            notices of proposed rulemaking, and applications for licenses,
            permits, certificates, grants, and financial assistance, shall
            continue notwithstanding the enactment of this Act or the
            transfer of the agency to the Corporation, unless discontinued
            or modified under the same terms and conditions and to the same
            extent that such discontinuance could have occurred if such
            enactment or transfer had not occurred.
                (2) Orders.--Orders issued in proceedings described in
            paragraph (1), and appeals therefrom, and payments made pursuant
            to such orders, shall issue in the same manner and on the same
            terms as if this division had not been enacted or the agency had
            not been transferred, and any such orders shall continue in
            effect until amended, modified, superseded, terminated, set
            aside, or revoked by an officer of the United States or a court
            of competent jurisdiction, or by operation of law.

        (c) Pending Civil Actions.--Pending civil actions shall continue
    notwithstanding the enactment of this Act or the transfer of an agency
    to the Corporation, and in such civil actions, proceedings shall be had,
    appeals taken, and judgments rendered and enforced in the same manner
    and with the same effect as if such enactment or transfer had not
    occurred.
        (d) References.--References relating to an agency that is
    transferred to the Corporation under section 1463 in statutes,

    [[Page 132 STAT. 3515]]

    Executive orders, rules, regulations, directives, or delegations of
    authority that precede such transfer or the date of the enactment of
    this Act shall be deemed to refer, as appropriate, to the Corporation,
    to its officers, employees, or agents, or to its corresponding
    organizational units or functions. Statutory reporting requirements that
    applied in relation to such an agency immediately before the effective
    date of this division shall continue to apply following such transfer if
    they refer to the agency by name.
        (e) Employment Provisions.--
                (1) Regulations.--The Corporation may, in regulations
            prescribed jointly with the Director of the Office of Personnel
            Management, adopt the rules, procedures, terms, and conditions,
            established by statute, rule, or regulation before the date of
            the enactment of this Act, relating to employment in any agency
            transferred to the Corporation under section 1463.
                (2) Effect of transfer on conditions of employment.--Except
            as otherwise provided in this division, or under authority
            granted by this division, the transfer pursuant to this title of
            personnel shall not alter the terms and conditions of
            employment, including compensation, of any employee so
            transferred.

        (f) Statutory Reporting Requirements.--Any statutory reporting
    requirement that applied to an agency transferred to the Corporation
    under this title immediately before the date of the enactment of this
    Act shall continue to apply following that transfer if the statutory
    requirement refers to the agency by name.
    SEC. 1467. <<NOTE: 22 USC 9687.>>  OTHER TERMINATIONS.

        Except as otherwise provided in this division, whenever all the
    functions vested by law in any agency have been transferred pursuant to
    this title, each position and office the incumbent of which was
    authorized to receive compensation at the rates prescribed for an office
    or position at level II, III, IV, or V of the Executive Schedule under
    subchapter II of chapter 53 of title 5, United States Code, shall
    terminate.
    SEC. 1468. <<NOTE: 22 USC 9688.>>  INCIDENTAL TRANSFERS.

        The Director of the Office of Management and Budget, in consultation
    with the Corporation, is authorized and directed to make such additional
    incidental dispositions of personnel, assets, and liabilities held,
    used, arising from, available, or to be made available, in connection
    with the functions transferred by this title, as the Director may
    determine necessary to accomplish the purposes of this division.
    SEC. 1469. <<NOTE: 22 USC 9689.>>  REFERENCE.

        With respect to any function transferred under this title (including
    under a reorganization plan under section 1462) and exercised on or
    after the date of the enactment of this Act, reference in any other
    Federal law to any department, commission, or agency or any officer or
    office the functions of which are so transferred shall be deemed to
    refer to the Corporation or official or component of the Corporation to
    which that function is so transferred.
    SEC. 1470. CONFORMING AMENDMENTS.

        (a) Exempt Programs.--Section 255(g) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)) is

    [[Page 132 STAT. 3516]]

    amended by striking ``Overseas Private Investment Corporation, Noncredit
    Account (71-4184-0-3-151).'' and inserting ``United States International
    Development Finance Corporation.''.
        (b) Executive Schedule.--Title 5, United States Code, is amended--
                (1) in section 5314, by striking ``President, Overseas
            Private Investment Corporation.'';
                (2) in section 5315, by striking ``Executive Vice President,
            Overseas Private Investment Corporation.''; and
                (3) in section 5316, by striking ``Vice Presidents, Overseas
            Private Investment Corporation (3).''.

        (c) Office of International Trade of the Small Business
    Administration.--Section 22 of the Small Business Act (15 U.S.C. 649) is
    amended--
                (1) in subsection (b), in the matter preceding paragraph
            (1), by striking ``the President of the Overseas Private
            Investment Corporation, Director'' and inserting ``the Board of
            Directors of the United States International Development Finance
            Corporation, the Director''; and
                (2) by striking ``Overseas Private Investment Corporation''
            each place it appears and inserting ``United States
            International Development Finance Corporation''.

        (d) United States and Foreign Commercial Service.--Section 2301 of
    the Export Enhancement Act of 1988 (15 U.S.C. 4721) is amended by
    striking ``Overseas Private Investment Corporation'' each place it
    appears and inserting ``United States International Development Finance
    Corporation''.
        (e) Trade Promotion Coordinating Committee.--Section 2312(d)(1)(K)
    of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)(K)) is
    amended by striking ``Overseas Private Investment Corporation'' and
    inserting ``United States International Development Finance
    Corporation''.
        (f) Interagency Trade Data Advisory Committee.--Section 5402(b) of
    the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is
    amended by striking ``the President of the Overseas Private Investment
    Corporation'' and inserting ``the Chief Executive Officer of the United
    States International Development Finance Corporation''.
        (g) Misuse of Names of Federal Agencies.--Section 709 of title 18,
    United States Code, is amended by striking `` `Overseas Private
    Investment', `Overseas Private Investment Corporation', or `OPIC','' and
    inserting `` `United States International Development Finance
    Corporation' or `DFC' ''.
        (h) Engagement on Currency Exchange Rate and Economic Policies.--
    Section 701(c)(1)(A) of the Trade Facilitation and Trade Enforcement Act
    of 2015 (19 U.S.C. 4421(c)(1)(A)) is amended by striking ``Overseas
    Private Investment Corporation'' and inserting ``United States
    International Development Finance Corporation''.
        (i) Internships With Institute for International Public Policy.--
    Section 625 of the Higher Education Act of 1965 (20 U.S.C. 1131c(a)) is
    amended by striking ``Overseas Private Investment Corporation'' and
    inserting ``United States International Development Finance
    Corporation''.
        (j) Foreign Assistance Act of 1961.--The Foreign Assistance Act of
    1961 (22 U.S.C. 2151 et seq.) is amended--
                (1) in section 116-- <<NOTE: 22 USC 2151n.>>

    [[Page 132 STAT. 3517]]

                        (A) in subsection (a), by inserting ``, and no
                    support may be provided under title II of the Better
                    Utilization of Investments Leading to Development Act of
                    2018,'' after ``this part'';
                        (B) in the first subsection (b)--
                              (i) by inserting ``or title II of the Better
                          Utilization of Investments Leading to Development
                          Act of 2018'' after ``this part'';
                              (ii) by inserting ``or the Chief Executive
                          Officer of the United States International
                          Development Finance Corporation, as applicable,''
                          after ``this Act'';
                              (iii) by inserting ``or support'' after ``the
                          assistance''; and
                              (iv) by inserting ``or support'' after ``such
                          assistance'' each place it appears;
                        (C) in the second subsection (b), by inserting
                    ``under this part, and no support may be provided under
                    title II of the Better Utilization of Investments
                    Leading to Development Act of 2018,'' after
                    ``provided''; and
                        (D) in subsection (c), by striking ``under this
                    part, the Administrator'' and inserting ``under this
                    part, or support provided under title II of the Better
                    Utilization of Investments Leading to Development Act of
                    2018, the Administrator, or the Chief Executive Officer
                    of the United States International Development Finance
                    Corporation, as applicable,'';
                (2) in section 449B(b)(2) (22 U.S.C. 2296b(b)(2)), by
            striking ``Overseas Private Investment Corporation'' and
            inserting ``United States International Development Finance
            Corporation''; and
                (3) in section 481(e)(4)(A) (22 U.S.C. 2291(e)(4)(A)), in
            the matter preceding clause (i), by striking ``(including
            programs under title IV of chapter 2, relating to the Overseas
            Private Investment Corporation)'' and inserting ``(and any
            support under title II of the Better Utilization of Investments
            Leading to Development Act of 2018, relating to the United
            States International Development Finance Corporation)''.

        (k) Electrify Africa Act of 2015.--Sections 5 and 7 of the Electrify
    Africa Act of 2015 (Public Law 114-121; 22 U.S.C. 2293 note) are amended
    by striking ``Overseas Private Investment Corporation'' each place it
    appears and inserting ``United States International Development Finance
    Corporation''.
        (l) Foreign Aid Transparency and Accountability Act of 2016.--
    Section 2(3) of the Foreign Aid Transparency and Accountability Act of
    2016 (Public Law 114-191; 22 U.S.C. 2394c note) is amended--
                (1) in subparagraph (A), by striking ``except for'' and all
            that follows through ``chapter 3'' and insert ``except for
            chapter 3'';
                (2) in subparagraph (C), by striking ``and'' at the end;
                (3) in subparagraph (D), by striking the period at the end
            and inserting ``; and''; and
                (4) by adding at the end the following:
                        ``(E) the Better Utilization of Investments Leading
                    to Development Act of 2018.''.

    [[Page 132 STAT. 3518]]

        (m) Support for East European Democracy (SEED) Program.--The Support
    for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.)
    is amended--
                (1) in section 2(c) (22 U.S.C. 5401(c)), by striking
            paragraph (12) and inserting the following:
                ``(12) United states international development finance
            corporation.--Programs of the United States International
            Development Finance Corporation.''; and
                (2) in section 201 (22 U.S.C. 5421), by striking subsection
            (e) and inserting the following:

        ``(e) Grants to Enterprise Funds.--Funds appropriated to the
    President pursuant to subsection (b) shall be granted to the Enterprise
    Funds to carry out the purposes specified in subsection (a) and for the
    administrative expenses of each Enterprise Fund--
                ``(1) except as provided in paragraph (2), by the United
            States Agency for International Development; or
                ``(2) if the Enterprise Funds are transferred to the United
            States International Development Finance Corporation pursuant to
            section 1463(b) of the Better Utilization of Investments Leading
            to Development Act of 2018, by the Corporation.''.

        (n) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
    1996.--Section 202(b)(2)(B)(iv) of the Cuban Liberty and Democratic
    Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)(iv)) is
    amended by striking ``Overseas Private Investment Corporation'' and
    inserting ``United States International Development Finance
    Corporation''.
        (o) International Religious Freedom Act of 1998.--Section 405(a)(10)
    of the International Religious Freedom Act of 1998 (22 U.S.C.
    6445(a)(10)) is amended by striking ``Overseas Private Investment
    Corporation'' and inserting ``United States International Development
    Finance Corporation''.
        (p) Trafficking Victims Protection Act of 2000.--Section 103(8)(A)
    of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)(A))
    is amended in clause (viii) to read as follows:
                              ``(viii) any support under title II of the
                          Better Utilization of Investments Leading to
                          Development Act of 2018 relating to the United
                          States International Development Finance
                          Corporation; and''.

        (q) Technology Deployment in Developing Countries.--Section 732(b)
    of the Global Environmental Protection Assistance Act of 1989 (22 U.S.C.
    7902(b)) is amended by striking ``Overseas Private Investment
    Corporation'' and inserting ``United States International Development
    Finance Corporation''.
        (r) Expanded Nonmilitary Assistance for Ukraine.--Section 7(c)(3) of
    the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8926(c)(3)) is
    amended--
                (1) in the paragraph heading, by striking ``Overseas private
            investment corporation'' and inserting ``United states
            international development finance corporation'';
                (2) in the matter preceding subparagraph (A), by striking
            ``Overseas Private Investment Corporation'' and inserting
            ``United States International Development Finance Corporation'';
            and
                (3) in subparagraph (B), by striking ``by eligible investors
            (as defined in section 238 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2198))''.

    [[Page 132 STAT. 3519]]

        (s) Global Food Security Act of 2016.--Section 4(7) of the Global
    Food Security Act of 2016 (22 U.S.C. 9303(7)) is amended by striking
    ``Overseas Private Investment Corporation'' and inserting ``United
    States International Development Finance Corporation''.
        (t) Sense of Congress on European and Eurasian Energy Security.--
    Section 257(c)(2)(B) of the Countering Russian Influence in Europe and
    Eurasia Act of 2017 (22 U.S.C. 9546(c)(2)(B)) is amended by striking
    ``Overseas Private Investment Corporation'' and inserting ``United
    States International Development Finance Corporation''.
        (u) Wholly Owned Government Corporation.--Section 9101(3) of title
    31, United States Code, is amended by striking ``Overseas Private
    Investment Corporation'' and inserting ``United States International
    Development Finance Corporation''.
        (v) Energy Independence and Security Act of 2007.--Title IX of the
    Energy Independence and Security Act of 2007 (42 U.S.C. 17321 et seq.)
    is amended--
                (1) in section 914 (42 U.S.C. 17334)--
                        (A) in the section heading, by striking ``overseas
                    private investment corporation'' and inserting ``united
                    states international development finance corporation'';
                        (B) in subsection (a), in the matter preceding
                    paragraph (1), by striking ``Overseas Private Investment
                    Corporation'' and inserting ``United States
                    International Development Finance Corporation''; and
                        (C) in subsection (b), in the matter preceding
                    paragraph (1), by striking ``Overseas Private Investment
                    Corporation shall include in its annual report required
                    under section 240A of the Foreign Assistance Act of 1961
                    (22 U.S.C. 2200a)'' and inserting ``United States
                    International Development Finance Corporation shall
                    include in its annual report required under section 1443
                    of the Better Utilization of Investments Leading to
                    Development Act of 2018''; and
                (2) in section 916(a)(2)(I) (42 U.S.C. 17336(a)(2)(I)), by
            striking ``Overseas Private Investment Corporation:'' and
            inserting ``United States International Development Finance
            Corporation;''.

        (w) <<NOTE: 2 USC 905 note.>>  Effective Date.--The amendments made
    by this section shall take effect at the end of the transition period.

                          DIVISION G--SYRIA STUDY GROUP

    SEC. 1501. SYRIA STUDY GROUP.

        (a) Establishment.--There is established a working group to be known
    as the ``Syria Study Group'' (in this section referred to as the
    ``Group'').
        (b) Purpose.--The purpose of the Group is to examine and make
    recommendations on the military and diplomatic strategy of the United
    States with respect to the conflict in Syria.
        (c) Composition.--
                (1) Membership.--The Group shall be composed of 12 members,
            none of whom may be members of Congress, who shall be appointed
            as follows:

    [[Page 132 STAT. 3520]]

                        (A) One member appointed by the chair of the
                    Committee on Armed Services of the Senate.
                        (B) One member appointed by the ranking minority
                    member of the Committee on Armed Services of the Senate.
                        (C) One member appointed by the chair of the
                    Committee on Foreign Relations of the Senate.
                        (D) One member appointed by the ranking minority
                    member of the Committee on Foreign Relations of the
                    Senate.
                        (E) One member appointed by the chair of the
                    Committee on Armed Services of the House of
                    Representatives.
                        (F) One member appointed by the ranking minority
                    member of the Committee on Armed Services of the House
                    of Representatives.
                        (G) One member appointed by the chair of the
                    Committee on Foreign Affairs of the House of
                    Representatives.
                        (H) One member appointed by the ranking minority
                    member of the Committee on Foreign Affairs of the House
                    of Representatives.
                        (I) One member appointed by the majority leader of
                    the Senate.
                        (J) One member appointed by the minority leader of
                    the Senate.
                        (K) One member appointed by the Speaker of the House
                    of Representatives.
                        (L) One member appointed by the minority leader of
                    the House of Representatives.
                (2) Co-chairs.--
                        (A) Of the members of the Group, one co-chair shall
                    be jointly designated by--
                              (i) the chairs of the Committee on Armed
                          Services and the Committee on Foreign Relations of
                          the Senate;
                              (ii) the chairs of the Committee on Armed
                          Services and the Committee on Foreign Affairs of
                          the House of Representatives;
                              (iii) the majority leader of the Senate; and
                              (iv) the Speaker of the House of
                          Representatives.
                        (B) Of the members of the Group, one co-chair shall
                    be jointly designated by--
                              (i) the ranking minority members of the
                          Committee on Armed Services and the Committee on
                          Foreign Relations of the Senate;
                              (ii) the ranking minority members of the
                          Committee on Armed Services and the Committee on
                          Foreign Affairs of the House of Representatives;
                              (iii) the minority leader of the Senate; and
                              (iv) the minority leader of the House of
                          Representatives.
                (3) Period of appointment.--A member shall be appointed for
            the life of the Group.
                (4) Vacancies.--Any vacancy in the Group shall be filled in
            the same manner as the original appointment.

        (d) Duties.--
                (1) Review.--The Group shall conduct a review on the current
            United States military and diplomatic strategy with respect to
            the conflict in Syria that includes a review of current

    [[Page 132 STAT. 3521]]

            United States objectives in Syria and the desired end state in
            Syria.
                (2) Assessment and recommendations.--The Group shall--
                        (A) conduct a comprehensive assessment of the
                    current situation in Syria, the impact of such situation
                    on neighboring countries, the resulting regional and
                    geopolitical threats to the United States, and current
                    military, diplomatic, and political efforts to achieve a
                    stable Syria; and
                        (B) develop recommendations on the military and
                    diplomatic strategy of the United States with respect to
                    the conflict in Syria.

        (e) Cooperation of United States Government.--
                (1) In general.--The Group shall receive the full and timely
            cooperation of the Secretary of Defense, the Secretary of State,
            and the Director of National Intelligence in providing the Group
            with analyses, briefings, and other information necessary for
            the discharge of the duties of the Group under subsection (d).
                (2) Liaison.--The Secretary of Defense, the Secretary of
            State, and the Director of National Intelligence shall each
            designate at least one officer or employee of the Department of
            Defense, the Department of State, and the Office of the Director
            of National Intelligence, respectively, to serve as a liaison to
            the Group.
                (3) Facilitation.--The United States Institute of Peace
            shall take appropriate actions to facilitate the Group in the
            discharge of the duties of the Group under this section.

        (f) Reports.--
                (1) Final report.--
                        (A) In general.--Not later than 180 days after the
                    date of enactment of this section, the Group shall
                    submit to the President, the Secretary of Defense, the
                    Committee on Armed Services and the Committee on Foreign
                    Relations of the Senate, the Committee on Armed Services
                    and the Committee on Foreign Affairs of the House of
                    Representatives, the majority and minority leaders of
                    the Senate, the Speaker of the House of Representatives,
                    and the minority leader of the House of Representatives
                    a report that sets forth the findings, conclusions, and
                    recommendations of the Group under this section.
                        (B) Elements.--The report required by subparagraph
                    (A) shall include each of the following:
                              (i) An assessment of the current security,
                          political, humanitarian, and economic situations
                          in Syria.
                              (ii) An assessment of the current
                          participation and objectives of the various
                          external actors in Syria.
                              (iii) An assessment of the consequences of
                          continued conflict in Syria.
                              (iv) Recommendations for a resolution to the
                          conflict in Syria, including--
                                        (I) options for a gradual political
                                    transition to a post-Assad Syria; and
                                        (II) actions necessary for
                                    reconciliation.
                              (v) A roadmap for a United States and
                          coalition strategy to reestablish security and
                          governance in

    [[Page 132 STAT. 3522]]

                          Syria, including recommendations for the
                          synchronization of stabilization, development,
                          counterterrorism, and reconstruction efforts.
                              (vi) Any other matter with respect to the
                          conflict in Syria that the Group considers to be
                          appropriate.
                (2) Interim report.--Not later than 90 days after the date
            of enactment of this section, the Group shall submit to the
            Committee on Armed Services and the Committee on Foreign
            Relations of the Senate, the Committee on Armed Services and the
            Committee on Foreign Affairs of the House of Representatives,
            the majority and minority leaders of the Senate, the Speaker of
            the House of Representatives, and the minority leader of the
            House of Representatives a report that describes the status of
            the review and assessment under subsection (d) and any interim
            recommendations developed by the Group as of the date of the
            briefing.
                (3) Form of report.--The report submitted to Congress under
            paragraph (1) shall be submitted in unclassified form, but may
            include a classified annex.

        (g) Termination.--The Group shall terminate on the date that is 180
    days after the date on which the Group submits the report required by
    subsection (f)(1).

        DIVISION H <<NOTE: Preventing Emerging Threats Act of 2018.>> --
    PREVENTING EMERGING THREATS
    SEC. 1601 <<NOTE: 6 USC 101 note.>> . SHORT TITLE.

        This division may be cited as the ``Preventing Emerging Threats Act
    of 2018''.
    SEC. 1602. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
                              UNMANNED AIRCRAFT.

        (a) In General.--Subtitle A of title II of the Homeland Security Act
    of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
    following:
    ``SEC. 210G. <<NOTE: 6 USC 124n.>>  PROTECTION OF CERTAIN
                              FACILITIES AND ASSETS FROM UNMANNED
                              AIRCRAFT.

        ``(a) Authority.--Notwithstanding section 46502 of title 49, United
    States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of
    title 18, United States Code, the Secretary and the Attorney General
    may, for their respective Departments, take, and may authorize personnel
    with assigned duties that include the security or protection of people,
    facilities, or assets, to take such actions as are described in
    subsection (b)(1) that are necessary to mitigate a credible threat (as
    defined by the Secretary or the Attorney General, in consultation with
    the Secretary of Transportation) that an unmanned aircraft system or
    unmanned aircraft poses to the safety or security of a covered facility
    or asset.
        ``(b) Actions Described.--
                ``(1) In general.--The actions authorized in subsection (a)
            are the following:
                        ``(A) During the operation of the unmanned aircraft
                    system, detect, identify, monitor, and track the
                    unmanned aircraft system or unmanned aircraft, without
                    prior consent, including by means of intercept or other
                    access of

    [[Page 132 STAT. 3523]]

                    a wire communication, an oral communication, or an
                    electronic communication used to control the unmanned
                    aircraft system or unmanned aircraft.
                        ``(B) Warn the operator of the unmanned aircraft
                    system or unmanned aircraft, including by passive or
                    active, and direct or indirect physical, electronic,
                    radio, and electromagnetic means.
                        ``(C) Disrupt control of the unmanned aircraft
                    system or unmanned aircraft, without prior consent,
                    including by disabling the unmanned aircraft system or
                    unmanned aircraft by intercepting, interfering, or
                    causing interference with wire, oral, electronic, or
                    radio communications used to control the unmanned
                    aircraft system or unmanned aircraft.
                        ``(D) Seize or exercise control of the unmanned
                    aircraft system or unmanned aircraft.
                        ``(E) Seize or otherwise confiscate the unmanned
                    aircraft system or unmanned aircraft.
                        ``(F) Use reasonable force, if necessary, to
                    disable, damage, or destroy the unmanned aircraft system
                    or unmanned aircraft.
                ``(2) Required coordination.--The Secretary and the Attorney
            General shall develop for their respective Departments the
            actions described in paragraph (1) in coordination with the
            Secretary of Transportation.
                ``(3) Research, testing, training, and evaluation.--The
            Secretary and the Attorney General shall conduct research,
            testing, training on, and evaluation of any equipment, including
            any electronic equipment, to determine its capability and
            utility prior to the use of any such technology for any action
            described in subsection (b)(1).
                ``(4) Coordination.--The Secretary and the Attorney General
            shall coordinate with the Administrator of the Federal Aviation
            Administration when any action authorized by this section might
            affect aviation safety, civilian aviation and aerospace
            operations, aircraft airworthiness, or the use of the airspace.

        ``(c) Forfeiture.--Any unmanned aircraft system or unmanned aircraft
    described in subsection (a) that is seized by the Secretary or the
    Attorney General is subject to forfeiture to the United States.
        ``(d) Regulations and Guidance.--
                ``(1) In general.--The Secretary, the Attorney General, and
            the Secretary of Transportation may prescribe regulations and
            shall issue guidance in the respective areas of each Secretary
            or the Attorney General to carry out this section.
                ``(2) Coordination.--
                        ``(A) Coordination with department of
                    transportation.--The Secretary and the Attorney General
                    shall coordinate the development of their respective
                    guidance under paragraph (1) with the Secretary of
                    Transportation.
                        ``(B) Effect on aviation safety.--The Secretary and
                    the Attorney General shall respectively coordinate with
                    the Secretary of Transportation and the Administrator of
                    the Federal Aviation Administration before issuing any
                    guidance, or otherwise implementing this section, if
                    such guidance or implementation might affect aviation
                    safety,

    [[Page 132 STAT. 3524]]

                    civilian aviation and aerospace operations, aircraft
                    airworthiness, or the use of airspace.

        ``(e) Privacy Protection.--The regulations or guidance issued to
    carry out actions authorized under subsection (b) by each Secretary or
    the Attorney General, as the case may be, shall ensure that--
                ``(1) the interception or acquisition of, or access to, or
            maintenance or use of, communications to or from an unmanned
            aircraft system under this section is conducted in a manner
            consistent with the First and Fourth Amendments to the
            Constitution of the United States and applicable provisions of
            Federal law;
                ``(2) communications to or from an unmanned aircraft system
            are intercepted or acquired only to the extent necessary to
            support an action described in subsection (b)(1);
                ``(3) records of such communications are maintained only for
            as long as necessary, and in no event for more than 180 days,
            unless the Secretary of Homeland Security or the Attorney
            General determine that maintenance of such records is necessary
            to investigate or prosecute a violation of law, directly support
            an ongoing security operation, is required under Federal law, or
            for the purpose of any litigation;
                ``(4) such communications are not disclosed outside the
            Department of Homeland Security or the Department of Justice
            unless the disclosure--
                        ``(A) is necessary to investigate or prosecute a
                    violation of law;
                        ``(B) would support the Department of Defense, a
                    Federal law enforcement agency, or the enforcement
                    activities of a regulatory agency of the Federal
                    Government in connection with a criminal or civil
                    investigation of, or any regulatory, statutory, or other
                    enforcement action relating to an action described in
                    subsection (b)(1);
                        ``(C) is between the Department of Homeland Security
                    and the Department of Justice in the course of a
                    security or protection operation of either agency or a
                    joint operation of such agencies; or
                        ``(D) is otherwise required by law; and
                ``(5) to the extent necessary, the Department of Homeland
            Security and the Department of Justice are authorized to share
            threat information, which shall not include communications
            referred to in subsection (b), with State, local, territorial,
            or tribal law enforcement agencies in the course of a security
            or protection operation.

        ``(f) Budget.--The Secretary and the Attorney General shall submit
    to Congress, as a part of the homeland security or justice budget
    materials for each fiscal year after fiscal year 2019, a consolidated
    funding display that identifies the funding source for the actions
    described in subsection (b)(1) within the Department of Homeland
    Security or the Department of Justice. The funding display shall be in
    unclassified form, but may contain a classified annex.
        ``(g) Semiannual Briefings and Notifications.--
                ``(1) In general.--On a semiannual basis during the period
            beginning 6 months after the date of enactment of this section
            and ending on the date specified in subsection (i), the
            Secretary and the Attorney General shall, respectively, provide
            a briefing

    [[Page 132 STAT. 3525]]

            to the appropriate congressional committees on the activities
            carried out pursuant to this section.
                ``(2) Requirement.--Each briefing required under paragraph
            (1) shall be conducted jointly with the Secretary of
            Transportation.
                ``(3) Content.--Each briefing required under paragraph (1)
            shall include--
                        ``(A) policies, programs, and procedures to mitigate
                    or eliminate impacts of such activities to the National
                    Airspace System;
                        ``(B) a description of instances in which actions
                    described in subsection (b)(1) have been taken,
                    including all such instances that may have resulted in
                    harm, damage, or loss to a person or to private
                    property;
                        ``(C) a description of the guidance, policies, or
                    procedures established to address privacy, civil rights,
                    and civil liberties issues implicated by the actions
                    allowed under this section, as well as any changes or
                    subsequent efforts that would significantly affect
                    privacy, civil rights or civil liberties;
                        ``(D) a description of options considered and steps
                    taken to mitigate any identified impacts to the national
                    airspace system related to the use of any system or
                    technology, including the minimization of the use of any
                    technology that disrupts the transmission of radio or
                    electronic signals, for carrying out the actions
                    described in subsection (b)(1);
                        ``(E) a description of instances in which
                    communications intercepted or acquired during the course
                    of operations of an unmanned aircraft system were held
                    for more than 180 days or shared outside of the
                    Department of Justice or the Department of Homeland
                    Security;
                        ``(F) how the Secretary, the Attorney General, and
                    the Secretary of Transportation have informed the public
                    as to the possible use of authorities under this
                    section;
                        ``(G) how the Secretary, the Attorney General, and
                    the Secretary of Transportation have engaged with
                    Federal, State, and local law enforcement agencies to
                    implement and use such authorities.
                ``(4) Unclassified form.--Each briefing required under
            paragraph (1) shall be in unclassified form, but may be
            accompanied by an additional classified briefing.
                ``(5) Notification.--Within 30 days of deploying any new
            technology to carry out the actions described in subsection
            (b)(1), the Secretary and the Attorney General shall,
            respectively, submit a notification to the appropriate
            congressional committees. Such notification shall include a
            description of options considered to mitigate any identified
            impacts to the national airspace system related to the use of
            any system or technology, including the minimization of the use
            of any technology that disrupts the transmission of radio or
            electronic signals, for carrying out the actions described in
            subsection (b)(1).

        ``(h) Rule of Construction.--Nothing in this section may be
    construed to--
                ``(1) vest in the Secretary or the Attorney General any
            authority of the Secretary of Transportation or the
            Administrator of the Federal Aviation Administration;

    [[Page 132 STAT. 3526]]

                ``(2) vest in the Secretary of Transportation or the
            Administrator of the Federal Aviation Administration any
            authority of the Secretary or the Attorney General;
                ``(3) vest in the Secretary of Homeland Security any
            authority of the Attorney General;
                ``(4) vest in the Attorney General any authority of the
            Secretary of Homeland Security; or
                ``(5) provide a new basis of liability for any State, local,
            territorial, or tribal law enforcement officers who participate
            in the protection of a mass gathering identified by the
            Secretary or Attorney General under subsection
            (k)(3)(C)(iii)(II), act within the scope of their authority, and
            do not exercise the authority granted to the Secretary and
            Attorney General by this section.

        ``(i) Termination.--The authority to carry out this section with
    respect to a covered facility or asset specified in subsection (k)(3)
    shall terminate on the date that is 4 years after the date of enactment
    of this section.
        ``(j) Scope of Authority.--Nothing in this section shall be
    construed to provide the Secretary or the Attorney General with
    additional authorities beyond those described in subsections (a) and
    (k)(3)(C)(iii).
        ``(k) Definitions.--In this section:
                ``(1) The term `appropriate congressional committees'
            means--
                        ``(A) the Committee on Homeland Security and
                    Governmental Affairs, the Committee on Commerce,
                    Science, and Transportation, and the Committee on the
                    Judiciary of the Senate; and
                        ``(B) the Committee on Homeland Security, the
                    Committee on Transportation and Infrastructure, the
                    Committee on Energy and Commerce, and the Committee on
                    the Judiciary of the House of Representatives.
                ``(2) The term `budget', with respect to a fiscal year,
            means the budget for that fiscal year that is submitted to
            Congress by the President under section 1105(a) of title 31.
                ``(3) The term `covered facility or asset' means any
            facility or asset that--
                        ``(A) is identified as high-risk and a potential
                    target for unlawful unmanned aircraft activity by the
                    Secretary or the Attorney General, in coordination with
                    the Secretary of Transportation with respect to
                    potentially impacted airspace, through a risk-based
                    assessment for purposes of this section (except that in
                    the case of the missions described in subparagraph
                    (C)(i)(II) and (C)(iii)(I), such missions shall be
                    presumed to be for the protection of a facility or asset
                    that is assessed to be high-risk and a potential target
                    for unlawful unmanned aircraft activity);
                        ``(B) is located in the United States (including the
                    territories and possessions, territorial seas or
                    navigable waters of the United States); and
                        ``(C) directly relates to one or more--
                              ``(i) missions authorized to be performed by
                          the Department of Homeland Security, consistent
                          with governing statutes, regulations, and orders
                          issued by the Secretary, pertaining to--

    [[Page 132 STAT. 3527]]

                                        ``(I) security or protection
                                    functions of the U.S. Customs and Border
                                    Protection, including securing or
                                    protecting facilities, aircraft, and
                                    vessels, whether moored or underway;
                                        ``(II) United States Secret Service
                                    protection operations pursuant to
                                    sections 3056(a) and 3056A(a) of title
                                    18, United States Code, and the
                                    Presidential Protection Assistance Act
                                    of 1976 (18 U.S.C. 3056 note); or
                                        ``(III) protection of facilities
                                    pursuant to section 1315(a) of title 40,
                                    United States Code;
                              ``(ii) missions authorized to be performed by
                          the Department of Justice, consistent with
                          governing statutes, regulations, and orders issued
                          by the Attorney General, pertaining to--
                                        ``(I) personal protection operations
                                    by--
                                                ``(aa) the Federal Bureau of
                                            Investigation as specified in
                                            section 533 of title 28, United
                                            States Code; and
                                                ``(bb) the United States
                                            Marshals Service of Federal
                                            jurists, court officers,
                                            witnesses, and other threatened
                                            persons in the interests of
                                            justice, as specified in section
                                            566(e)(1)(A) of title 28, United
                                            States Code;
                                        ``(II) protection of penal,
                                    detention, and correctional facilities
                                    and operations conducted by the Federal
                                    Bureau of Prisons; or
                                        ``(III) protection of the buildings
                                    and grounds leased, owned, or operated
                                    by or for the Department of Justice, and
                                    the provision of security for Federal
                                    courts, as specified in section 566(a)
                                    of title 28, United States Code;
                              ``(iii) missions authorized to be performed by
                          the Department of Homeland Security or the
                          Department of Justice, acting together or
                          separately, consistent with governing statutes,
                          regulations, and orders issued by the Secretary or
                          the Attorney General, respectively, pertaining
                          to--
                                        ``(I) protection of a National
                                    Special Security Event and Special Event
                                    Assessment Rating event;
                                        ``(II) the provision of support to
                                    State, local, territorial, or tribal law
                                    enforcement, upon request of the chief
                                    executive officer of the State or
                                    territory, to ensure protection of
                                    people and property at mass gatherings,
                                    that is limited to a specified timeframe
                                    and location, within available
                                    resources, and without delegating any
                                    authority under this section to State,
                                    local, territorial, or tribal law
                                    enforcement; or
                                        ``(III) protection of an active
                                    Federal law enforcement investigation,
                                    emergency response, or security
                                    function, that is limited to a specified
                                    timeframe and location; and
                              ``(iv) missions authorized to be performed by
                          the United States Coast Guard, including those
                          described in clause (iii) as directed by the
                          Secretary, and as further set forth in section 104
                          of title 14, United

    [[Page 132 STAT. 3528]]

                          States Code, and consistent with governing
                          statutes, regulations, and orders issued by the
                          Secretary of the Department in which the Coast
                          Guard is operating.
                ``(4) The terms `electronic communication', `intercept',
            `oral communication', and `wire communication' have the meaning
            given those terms in section 2510 of title 18, United States
            Code.
                ``(5) The term `homeland security or justice budget
            materials', with respect to a fiscal year, means the materials
            submitted to Congress by the Secretary and the Attorney General
            in support of the budget for that fiscal year.
                ``(6) For purposes of subsection (a), the term `personnel'
            means officers and employees of the Department of Homeland
            Security or the Department of Justice.
                ``(7) The terms `unmanned aircraft' and `unmanned aircraft
            system' have the meanings given those terms in section 44801, of
            title 49, United States Code.
                ``(8) For purposes of this section, the term `risk-based
            assessment' includes an evaluation of threat information
            specific to a covered facility or asset and, with respect to
            potential impacts on the safety and efficiency of the national
            airspace system and the needs of law enforcement and national
            security at each covered facility or asset identified by the
            Secretary or the Attorney General, respectively, of each of the
            following factors:
                        ``(A) Potential impacts to safety, efficiency, and
                    use of the national airspace system, including potential
                    effects on manned aircraft and unmanned aircraft
                    systems, aviation safety, airport operations,
                    infrastructure, and air navigation services related to
                    the use of any system or technology for carrying out the
                    actions described in subsection (b)(1).
                        ``(B) Options for mitigating any identified impacts
                    to the national airspace system related to the use of
                    any system or technology, including minimizing when
                    possible the use of any technology which disrupts the
                    transmission of radio or electronic signals, for
                    carrying out the actions described in subsection (b)(1).
                        ``(C) Potential consequences of the impacts of any
                    actions taken under subsection (b)(1) to the national
                    airspace system and infrastructure if not mitigated.
                        ``(D) The ability to provide reasonable advance
                    notice to aircraft operators consistent with the safety
                    of the national airspace system and the needs of law
                    enforcement and national security.
                        ``(E) The setting and character of any covered
                    facility or asset, including whether it is located in a
                    populated area or near other structures, whether the
                    facility is open to the public, whether the facility is
                    also used for nongovernmental functions, and any
                    potential for interference with wireless communications
                    or for injury or damage to persons or property.
                        ``(F) The setting, character, timeframe, and
                    national airspace system impacts of National Special
                    Security Event and Special Event Assessment Rating
                    events.

    [[Page 132 STAT. 3529]]

                        ``(G) Potential consequences to national security,
                    public safety, or law enforcement if threats posed by
                    unmanned aircraft systems are not mitigated or defeated.

        ``(l) Department of Homeland Security Assessment.--
                ``(1) Report.--Not later than 1 year after the date of the
            enactment of this section, the Secretary shall conduct, in
            coordination with the Attorney General and the Secretary of
            Transportation, an assessment to the appropriate congressional
            committees, including--
                        ``(A) an evaluation of the threat from unmanned
                    aircraft systems to United States critical
                    infrastructure (as defined in this Act) and to domestic
                    large hub airports (as defined in section 40102 of title
                    49, United States Code);
                        ``(B) an evaluation of current Federal and State,
                    local, territorial, or tribal law enforcement
                    authorities to counter the threat identified in
                    subparagraph (A), and recommendations, if any, for
                    potential changes to existing authorities to allow
                    State, local, territorial, and tribal law enforcement to
                    assist Federal law enforcement to counter the threat
                    where appropriate;
                        ``(C) an evaluation of the knowledge of, efficiency
                    of, and effectiveness of current procedures and
                    resources available to owners of critical infrastructure
                    and domestic large hub airports when they believe a
                    threat from unmanned aircraft systems is present and
                    what additional actions, if any, the Department of
                    Homeland Security or the Department of Transportation
                    could implement under existing authorities to assist
                    these entities to counter the threat identified in
                    subparagraph (A);
                        ``(D) an assessment of what, if any, additional
                    authorities are needed by each Department and law
                    enforcement to counter the threat identified in
                    subparagraph (A); and
                        ``(E) an assessment of what, if any, additional
                    research and development the Department needs to counter
                    the threat identified in subparagraph (A).
                ``(2) Unclassified form.--The report required under
            paragraph (1) shall be submitted in unclassified form, but may
            contain a classified annex.''.

        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    210F the following:

    ``Sec. 210G. Protection of certain facilities and assets from unmanned
               aircraft.''.

    SEC. 1603. PROTECTING AGAINST UNMANNED AIRCRAFT.

        (a) In General.--Chapter 5 of title 14, United States Code, is
    amended by inserting after section 103 the following:
    ``Sec. 104. <<NOTE: 14 USC 104.>>  Protecting against unmanned
                    aircraft

        ``For the purposes of section 210G(k)(3)(C)(iv) of the Homeland
    Security Act of 2002, the missions authorized to be performed by the
    United States Coast Guard shall be those related to--
                ``(1) functions of the U.S. Coast Guard relating to security
            or protection of facilities and assets assessed to be high-risk
            and a potential target for unlawful unmanned aircraft activity,
            including the security and protection of--

    [[Page 132 STAT. 3530]]

                        ``(A) a facility, including a facility that is under
                    the administrative control of the Commandant; and
                        ``(B) a vessel (whether moored or underway) or an
                    aircraft, including a vessel or aircraft--
                              ``(i) that is operated by the Coast Guard, or
                          that the Coast Guard is assisting or escorting;
                          and
                              ``(ii) that is directly involved in a mission
                          of the Coast Guard pertaining to--
                                        ``(I) assisting or escorting a
                                    vessel of the Department of Defense;
                                        ``(II) assisting or escorting a
                                    vessel of national security
                                    significance, a high interest vessel, a
                                    high capacity passenger vessel, or a
                                    high value unit, as those terms are
                                    defined by the Secretary;
                                        ``(III) section 91(a) of this title;
                                        ``(IV) assistance in protecting the
                                    President or the Vice President (or
                                    other officer next in order of
                                    succession to the Office of the
                                    President) pursuant to the Presidential
                                    Protection Assistance Act of 1976 (18
                                    U.S.C. 3056 note);
                                        ``(V) protection of a National
                                    Special Security Event and Special Event
                                    Assessment Rating events;
                                        ``(VI) air defense of the United
                                    States, including air sovereignty,
                                    ground-based air defense, and the
                                    National Capital Region integrated air
                                    defense system; or
                                        ``(VII) a search and rescue
                                    operation; and
                ``(2) missions directed by the Secretary pursuant to
            210G(k)(3)(C)(iii) of the Homeland Security Act of 2002.''.

        (b) Clerical Amendment.--The analysis for chapter 5 of title 14,
    United States Code, <<NOTE: 14 USC 81 prec.>>  is amended by inserting
    after the item relating to section 103 the following:

    ``104. Protecting against unmanned aircraft.''.

    DIVISION I <<NOTE: Supplemental Appropriations for Disaster Relief Act,
    2018.>> --SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF, 2018

        The following sums are hereby appropriated, out of any money in the
    Treasury not otherwise appropriated, and out of applicable corporate or
    other revenues, receipts, and funds, for the several departments,
    agencies, corporations, and other organizational units of Government for
    fiscal year 2018, and for other purposes, namely:

    [[Page 132 STAT. 3531]]

                   DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Community Planning and Development

                           community development fund

                         (including transfers of funds)

        For an additional amount for ``Community Development Fund'',
    $1,680,000,000, to remain available until expended, for necessary
    expenses for activities authorized under title I of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to
    disaster relief, long-term recovery, restoration of infrastructure and
    housing, and economic revitalization in the most impacted and distressed
    areas resulting from a major disaster declared in 2018 pursuant to the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly to
    the State or unit of general local government at the discretion of the
    Secretary: Provided further, That as a condition of making any grant,
    the Secretary shall certify in advance that such grantee has in place
    proficient financial controls and procurement processes and has
    established adequate procedures to prevent any duplication of benefits
    as defined by section 312 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure
    of funds, to maintain comprehensive websites regarding all disaster
    recovery activities assisted with these funds, and to detect and prevent
    waste, fraud, and abuse of funds: Provided further, That prior to the
    obligation of funds a grantee shall submit a plan to the Secretary for
    approval detailing the proposed use of all funds, including criteria for
    eligibility and how the use of these funds will address long-term
    recovery and restoration of infrastructure and housing and economic
    revitalization in the most impacted and distressed areas: Provided
    further, That such funds may not be used for activities reimbursable by,
    or for which funds are made available by, the Federal Emergency
    Management Agency or the Army Corps of Engineers: Provided further, That
    funds allocated under this heading shall not be considered relevant to
    the non-disaster formula allocations made pursuant to section 106 of the
    Housing and Community Development Act of 1974 (42 U.S.C. 5306): Provided
    further, That a State or subdivision thereof may use up to 5 percent of
    its allocation for administrative costs: Provided further, That in
    administering the funds under this heading, the Secretary of Housing and
    Urban Development may waive, or specify alternative requirements for,
    any provision of any statute or regulation that the Secretary
    administers in connection with the obligation by the Secretary or the
    use by the recipient of these funds (except for requirements related to
    fair housing, nondiscrimination, labor standards, and the environment),
    if the Secretary finds that good cause exists for the waiver or
    alternative requirement and such waiver or alternative requirement would
    not be inconsistent with the overall purpose of title I of the Housing
    and Community Development Act of 1974: Provided further, That,
    notwithstanding the preceding proviso, recipients of funds provided
    under this heading that use such funds to supplement Federal assistance
    provided under section 402, 403, 404, 406, 407, 408(c)(4), or 502 of the
    Robert T. Stafford Disaster Relief and Emergency

    [[Page 132 STAT. 3532]]

    Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without review or
    public comment, any environmental review, approval, or permit performed
    by a Federal agency, and such adoption shall satisfy the
    responsibilities of the recipient with respect to such environmental
    review, approval or permit: Provided further, That, notwithstanding
    section 104(g)(2) of the Housing and Community Development Act of 1974
    (42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request for
    release of funds and certification, immediately approve the release of
    funds for an activity or project assisted under this heading if the
    recipient has adopted an environmental review, approval or permit under
    the preceding proviso or the activity or project is categorically
    excluded from review under the National Environmental Policy Act of 1969
    (42 U.S.C. 4321 et seq.): Provided further, That the Secretary shall
    publish via notice in the Federal Register any waiver, or alternative
    requirement, to any statute or regulation that the Secretary administers
    pursuant to title I of the Housing and Community Development Act of 1974
    no later than 5 days before the effective date of such waiver or
    alternative requirement: Provided further, That of the amounts made
    available under this heading, up to $2,500,000 may be transferred, in
    aggregate, to ``Department of Housing and Urban Development--Program
    Office Salaries and Expenses--Community Planning and Development'' for
    necessary costs, including information technology costs, of
    administering and overseeing the obligation and expenditure of amounts
    under this heading: Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985: Provided further, That the amount designated under this heading
    as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985 shall be
    available only if the President subsequently so designates such amount
    and transmits such designation to the Congress.
    SEC. 1701. BUDGETARY EFFECTS.

        (a) Statutory PAYGO Scorecards.--The budgetary effects of this
    division shall not be entered on either PAYGO scorecard maintained
    pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.
        (b) Senate PAYGO Scorecards.--The budgetary effects of this division
    shall not be entered on any PAYGO scorecard maintained for purposes of
    section 4106 of H. Con. Res. 71 (115th Congress).
        (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
    the Budget Scorekeeping Guidelines set forth in the joint explanatory
    statement of the committee of conference accompanying Conference Report
    105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, the budgetary effects of this
    division shall be estimated for purposes of section 251 of such Act.
        This division may be cited as the ``Supplemental Appropriations for
    Disaster Relief Act, 2018''.

    [[Page 132 STAT. 3533]]

       DIVISION J <<NOTE: Maritime Security Improvement Act of 2018.>> --
    MARITIME SECURITY
    SEC. 1801. <<NOTE: 46 USC 101 note.>>  SHORT TITLE.

        This division may be cited as the ``Maritime Security Improvement
    Act of 2018''.
    SEC. 1802. <<NOTE: 46 USC 70102 note.>>  DEFINITIONS.

        In this division:
                (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means--
                        (A) the Committee on Commerce, Science, and
                    Transportation of the Senate;
                        (B) the Committee on Homeland Security and
                    Governmental Affairs of the Senate;
                        (C) the Committee on Homeland Security of the House
                    of Representatives; and
                        (D) the Committee on Transportation and
                    Infrastructure of the House of Representatives.
                (2) TSA.--The term ``TSA'' means the Transportation Security
            Administration.
    SEC. 1803. <<NOTE: 46 USC 70102 note.>>  COORDINATION WITH TSA ON
                              MARITIME FACILITIES.

        The Secretary of Homeland Security shall--
                (1) provide the Administrator of the TSA with updates to
            vulnerability assessments required under section 70102(b)(3) of
            title 46, United States Code, to avoid any duplication of effort
            between the Coast Guard and the TSA; and
                (2) identify any security gaps between authorities of
            operating entities within the Department of Homeland Security
            that a threat could exploit to cause a transportation security
            incident (as defined in section 70101 of title 46, United States
            Code).
    SEC. 1804. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE
                              INTERNATIONAL SUPPLY CHAIN.

        Section 201 of the Security and Accountability for Every Port Act of
    2006 (6 U.S.C. 941) is amended--
                (1) in subsection (a), by striking ``as appropriate'' and
            inserting ``triennially''; and
                (2) in subsection (g)--
                        (A) in the heading, by striking ``Report'' and
                    inserting ``Reports''; and
                        (B) by amending paragraph (2) to read as follows:
                ``(2) Updates.--Not later than 270 days after the date of
            enactment of the Maritime Security Improvement Act of 2018 and
            triennially thereafter, the Secretary shall submit to the
            appropriate congressional committees a report that contains any
            updates to the strategic plan under subsection (a) since the
            prior report.''.
    SEC. 1805. CYBERSECURITY INFORMATION SHARING AND COORDINATION IN
                              PORTS.

        (a) <<NOTE: 46 USC 70112 note.>>  Maritime Cybersecurity Risk
    Assessment Model.--The Secretary of Homeland Security, through the
    Commandant of the Coast Guard and the Under Secretary responsible for
    overseeing the critical infrastructure protection, cybersecurity, and
    other related programs of the Department of Homeland Security, shall--

    [[Page 132 STAT. 3534]]

                (1) not later than 1 year after the date of enactment of
            this Act, coordinate with the National Maritime Security
            Advisory Committee, the Area Maritime Security Advisory
            Committees, and other maritime stakeholders, as necessary, to
            develop and implement a maritime cybersecurity risk assessment
            model, consistent with the activities described in section 2(e)
            of the National Institute of Standards and Technology Act (15
            U.S.C. 272(e)), to evaluate current and future cybersecurity
            risks that have the potential to affect the marine
            transportation system or that would cause a transportation
            security incident (as defined in section 70101 of title 46,
            United States Code) in ports; and
                (2) not less than biennially thereafter, evaluate the
            effectiveness of the cybersecurity risk assessment model
            established under paragraph (1).

        (b) Port Security; Definitions.--Section 70101 of title 46, United
    States Code, is amended--
                (1) by redesignating paragraphs (2) through (6) as
            paragraphs (3) through (7), respectively; and
                (2) by inserting after paragraph (1) the following:
                ``(2) The term `cybersecurity risk' has the meaning given
            the term in section 227 of the Homeland Security Act of 2002 (6
            U.S.C. 148).''.

        (c) National Maritime Security Advisory Committee.--
                (1) Functions.--Section 70112(a)(1)(A) of title 46, United
            States Code, is amended by inserting before the semicolon the
            following: ``, including on enhancing the sharing of information
            related to cybersecurity risks that may cause a transportation
            security incident, between relevant Federal agencies and--
                              ``(i) State, local, and tribal governments;
                              ``(ii) relevant public safety and emergency
                          response agencies;
                              ``(iii) relevant law enforcement and security
                          organizations;
                              ``(iv) maritime industry;
                              ``(v) port owners and operators; and
                              ``(vi) terminal owners and operators;''.
                (2) <<NOTE: 46 USC 70112 note.>>  Information sharing.--The
            Commandant of the Coast Guard and the Under Secretary
            responsible for overseeing the critical infrastructure
            protection, cybersecurity, and other related programs of the
            Department of Homeland Security shall--
                        (A) ensure there is a process for each Area Maritime
                    Security Advisory Committee established under section
                    70112 of title 46, United States Code--
                              (i) to facilitate the sharing of information
                          related to cybersecurity risks that may cause
                          transportation security incidents;
                              (ii) to timely report transportation security
                          incidents to the national level; and
                              (iii) to disseminate such reports across the
                          entire maritime transportation system via the
                          National Cybersecurity and Communications
                          Integration Center; and

    [[Page 132 STAT. 3535]]

                        (B) issue voluntary guidance for the management of
                    such cybersecurity risks in each Area Maritime
                    Transportation Security Plan and facility security plan
                    required under section 70103 of title 46, United States
                    Code, approved after the date that the cybersecurity
                    risk assessment model is developed under subsection (a)
                    of this section.

        (d) Vulnerability Assessments and Security Plans.--
                (1) Facility and vessel assessments.--Section 70102(b)(1) of
            title 46, United States Code, is amended--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``and by not later than December 31, 2004'';
                    and
                        (B) in subparagraph (C), by inserting ``security
                    against cybersecurity risks,'' after ``physical
                    security,''.
                (2) Maritime transportation security plans.--Section 70103
            of title 46, United States Code, is amended--
                        (A) in subsection (a)(1), by striking ``Not later
                    than April 1, 2005, the'' and inserting ``The'';
                        (B) in subsection (a)(2), by adding at the end the
                    following:
                        ``(K) A plan to detect, respond to, and recover from
                    cybersecurity risks that may cause transportation
                    security incidents.'';
                        (C) in subsection (b)(2)--
                              (i) in subparagraph (G)(ii), by striking ``;
                          and'' and inserting a semicolon;
                              (ii) by redesignating subparagraph (H) as
                          subparagraph (I); and
                              (iii) by inserting after subparagraph (G) the
                          following:
                        ``(H) include a plan for detecting, responding to,
                    and recovering from cybersecurity risks that may cause
                    transportation security incidents; and''; and
                        (D) in subsection (c)(3)(C)--
                              (i) in clause (iv), by striking ``; and'' and
                          inserting a semicolon;
                              (ii) by redesignating clause (v) as clause
                          (vi); and
                              (iii) by inserting after clause (iv) the
                          following:
                              ``(v) detecting, responding to, and recovering
                          from cybersecurity risks that may cause
                          transportation security incidents; and''.
                (3) <<NOTE: 46 USC 70102 note.>>  Applicability.--The
            amendments made by this subsection shall apply to assessments or
            security plans, or updates to such assessments or plans,
            submitted after the date that the cybersecurity risk assessment
            model is developed under subsection (a).

        (e) Brief to Congress.--Not later than 1 year after the date of
    enactment of this Act, the Commandant of the Coast Guard and the Under
    Secretary responsible for overseeing the critical infrastructure
    protection, cybersecurity, and other related programs of the Department
    of Homeland Security shall provide to the appropriate committees of
    Congress a briefing on how the Coast Guard will assist in security and
    response in the port environment when a cyber-caused transportation
    security incident occurs, to include the use of cyber protection teams.

    [[Page 132 STAT. 3536]]

    SEC. 1806. FACILITY INSPECTION INTERVALS.

        Section 70103(c)(4)(D) of title 46, United States Code, is amended
    to read as follows:
                        ``(D) subject to the availability of appropriations,
                    periodically, but not less than one time per year,
                    conduct a risk-based, no notice facility inspection to
                    verify the effectiveness of each such facility security
                    plan.''.
    SEC. 1807. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.

        (a) In General.--Subtitle C of title IV of the Homeland Security Act
    of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
    following:
    ``SEC. 435. <<NOTE: 6 USC 243.>>  MARITIME OPERATIONS COORDINATION
                            PLAN.

        ``(a) In General.--Not later than 180 days after the date of
    enactment of the Maritime Security Improvement Act of 2018, and
    biennially thereafter, the Secretary shall--
                ``(1) update the Maritime Operations Coordination Plan,
            published by the Department on July 7, 2011, to strengthen
            coordination, planning, information sharing, and intelligence
            integration for maritime operations of components and offices of
            the Department with responsibility for maritime security
            missions; and
                ``(2) submit each update to the Committee on Commerce,
            Science, and Transportation and the Committee on Homeland
            Security and Governmental Affairs of the Senate and the
            Committee on Transportation and Infrastructure and the Committee
            on Homeland Security of the House of Representatives.

        ``(b) Contents.--Each update shall address the following:
                ``(1) Coordinating the planning, integration of maritime
            operations, and development of joint maritime domain awareness
            efforts of any component or office of the Department with
            responsibility for maritime security missions.
                ``(2) Maintaining effective information sharing and, as
            appropriate, intelligence integration, with Federal, State, and
            local officials and the private sector, regarding threats to
            maritime security.
                ``(3) Cooperating and coordinating with Federal departments
            and agencies, and State and local agencies, in the maritime
            environment, in support of maritime security missions.
                ``(4) Highlighting the work completed within the context of
            other national and Department maritime security strategic
            guidance and how that work fits with the Maritime Operations
            Coordination Plan.''.

        (b) Table of Contents.--The table of contents in section 1(b) of the
    Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2136) is
    amended by adding after the item relating to section 434 the following:

    ``435. Maritime operations coordination plan.''.

    SEC. 1808. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED
                              FORCES.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Comptroller General of the United States shall submit
    to the Committee on Commerce, Science, and Transportation and the
    Committee on Homeland Security and Governmental Affairs of the Senate
    and the Committee on Transportation and

    [[Page 132 STAT. 3537]]

    Infrastructure and the Committee on Homeland Security of the House of
    Representatives a report on the state of the Coast Guard's Deployable
    Specialized Forces (referred to in this section as DSF).
        (b) Contents.--The report shall include, at a minimum, the
    following:
                (1) For each of the past 3 fiscal years, and for each type
            of DSF, the following:
                        (A) A cost analysis, including training, operating,
                    and travel costs.
                        (B) The number of personnel assigned.
                        (C) The total number of units.
                        (D) The total number of operations conducted.
                        (E) The number of operations requested by each of
                    the following:
                              (i) Coast Guard.
                              (ii) Other components or offices of the
                          Department of Homeland Security.
                              (iii) Other Federal departments or agencies.
                              (iv) State agencies.
                              (v) Local agencies.
                        (F) The number of operations fulfilled in support of
                    each entity described in clauses (i) through (v) of
                    subparagraph (E).
                (2) An examination of alternative distributions of
            deployable specialized forces, including the feasibility, cost
            (including cost savings), and impact on mission capability of
            such distributions, including at a minimum the following:
                        (A) Combining deployable specialized forces,
                    primarily focused on counterdrug operations, under one
                    centralized command.
                        (B) Distributing counter-terrorism and anti-
                    terrorism capabilities to deployable specialized forces
                    in each major United States port.

        (c) Definition of Deployable Specialized Forces or DSF.--In this
    section, the term ``deployable specialized forces'' or ``DSF'' means the
    deployable specialized forces established under section 70106 of title
    46, United States Code.
    SEC. 1809. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT
                              SECURITY AND SECURE SYSTEMS OF
                              TRANSPORTATION.

        (a) Interagency Operational Centers for Port Security.--
                (1) Repeal.--Section 70107A of title 46, United States Code,
            is repealed.
                (2) <<NOTE: 46 USC 70107A note.>>  Savings clause.--A repeal
            made by this subsection shall not affect an interagency
            operational center established before the date of enactment of
            this Act.
                (3) <<NOTE: 46 USC 70107A note.>>  Notice to congress.--The
            Secretary of Homeland Security shall notify the Committee on
            Commerce, Science, and Transportation of the Senate and the
            Committee on Homeland Security and the Committee on
            Transportation and Infrastructure of the House of
            Representatives at least 1 year before ceasing operations of any
            interagency operational center established before the date of
            enactment of the Security and Accountability for Every Port Act
            of 2006 (Public Law 109-347; 120 Stat. 1884).

    [[Page 132 STAT. 3538]]

        (b) Secure Systems of Transportation.--Section 70116 of title 46,
    United States Code, is repealed.
        (c) Technical and Conforming Amendments.--
                (1) Table of contents.--The table of contents for chapter
            701 of title 46, United States Code, <<NOTE: 46 USC 70101
            prec.>>  is amended by striking the items relating to sections
            70107A and 70116.
                (2) Report requirement.--Section 108 of the Security and
            Accountability for Every Port Act of 2006 (Public Law 109-347;
            120 Stat. 1893) is amended by striking subsection (b) (46 U.S.C.
            70107A note) and inserting the following:

        ``(b) [Reserved].''.
    SEC. 1810. DUPLICATION OF EFFORTS IN THE MARITIME DOMAIN.

        (a) GAO Analysis.--Not later than 1 year after the date of enactment
    of this Act, the Comptroller General of the United States shall--
                (1) conduct an analysis of all operations in the applicable
            location of--
                        (A) the Air and Marine Operations of the U.S.
                    Customs and Border Protection; and
                        (B) any other agency of the Department of Homeland
                    Security that operates air and marine assets;
                (2) in conducting the analysis under paragraph (1)--
                        (A) examine the extent to which the Air and Marine
                    Operations is synchronizing and deconflicting any
                    duplicative flight hours or patrols with the agencies
                    described in paragraph (1)(B); and
                        (B) include a sector-by-sector analysis of any
                    potential costs savings or other benefits that would be
                    derived through greater coordination of flight hours and
                    patrols; and
                (3) submit to the Secretary of Homeland Security and the
            appropriate committees of Congress a report on the analysis,
            including any recommendations.

        (b) DHS Report.--Not later than 180 days after the date the report
    is submitted under subsection (a)(3), the Secretary of Homeland Security
    shall submit to the appropriate committees of Congress a report on what
    actions the Secretary plans to take in response to the findings of the
    analysis and recommendations of the Comptroller General.
        (c) Definition of Applicable Location.--In this section, the term
    ``applicable location'' means any location in which the Air and Marine
    Operations of the U.S. Customs and Border Protection is based within 45
    miles of a location in which any other agency of the Department of
    Homeland Security also operates air and marine assets.
    SEC. 1811. MARITIME SECURITY CAPABILITIES ASSESSMENTS.

        (a) In General.--Subtitle C of title IV of the Homeland Security Act
    of 2002 (6 U.S.C. 231 et seq.), as amended by section 1807 of this Act,
    is further amended by adding at the end the following:
    ``SEC. 436. <<NOTE: 6 USC 244.>>  MARITIME SECURITY CAPABILITIES
                            ASSESSMENTS.

        ``Not later than 180 days after the date of enactment of the
    Maritime Security Improvement Act of 2018, and annually thereafter, the
    Secretary shall submit to the Committee on Commerce,

    [[Page 132 STAT. 3539]]

    Science, and Transportation and the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Transportation
    and Infrastructure and the Committee on Homeland Security of the House
    of Representatives, an assessment of the number and type of maritime
    assets and the number of personnel required to increase the Department's
    maritime response rate pursuant to section 1092 of the National Defense
    Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).''.
        (b) Table of Contents.--The table of contents in section 1(b) of the
    Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2136), as
    amended by section 1807 of this Act, is further amended by adding after
    the item relating to section 435 the following:

    ``436. Maritime security capabilities assessments.''.

    SEC. 1812. CONTAINER SECURITY INITIATIVE.

        Section 205(l) of the Security and Accountability for Every Port Act
    of 2006 (6 U.S.C. 945) is amended--
                (1) by striking paragraph (2); and
                (2) in paragraph (1)--
                        (A) by striking ``(1) In general.--Not later than
                    September 30, 2007,'' and inserting ``Not later than 270
                    days after the date of enactment of the Maritime
                    Security Improvement Act of 2018,''; and
                        (B) by redesignating subparagraphs (A) through (H)
                    as paragraphs (1) through (8), respectively.
    SEC. 1813. MARITIME BORDER SECURITY REVIEW.

        (a) Definitions.--In this section:
                (1) Maritime border.--The term ``maritime border'' means--
                        (A) the transit zone; and
                        (B) the borders and territorial waters of Puerto
                    Rico and the United States Virgin Islands.
                (2) Transit zone.--The term ``transit zone'' has the meaning
            given the term in section 1092(a) of the National Defense
            Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).

        (b) Maritime Border Threat Analysis.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Secretary of Homeland Security shall
            submit to the appropriate committees of Congress a maritime
            border threat analysis that includes an identification and
            description of the following:
                        (A) Current and potential threats posed by the
                    individuals and groups seeking to--
                              (i) enter the United States through the
                          maritime border; or
                              (ii) exploit border vulnerabilities on the
                          maritime border.
                        (B) Improvements needed at United States sea ports--
                              (i) to prevent terrorists and instruments of
                          terror from entering the United States; and
                              (ii) to reduce criminal activity, as measured
                          by the total flow of illegal goods and illicit
                          drugs, related to the maritime border.

    [[Page 132 STAT. 3540]]

                        (C) Improvements needed with respect to the maritime
                    border--
                              (i) to prevent terrorists and instruments of
                          terror from entering the United States; and
                              (ii) reduce criminal activity related to the
                          maritime border.
                        (D) Vulnerabilities in law, policy, cooperation
                    between State, territorial, and local law enforcement,
                    or international agreements that hinder effective and
                    efficient border security, counterterrorism, anti-human
                    trafficking efforts, and the flow of legitimate trade
                    with respect to the maritime border.
                        (E) Metrics and performance parameters used by the
                    Department of Homeland Security to evaluate maritime
                    security effectiveness, as appropriate.
                (2) Analysis requirements.--In preparing the threat analysis
            under subsection (a), the Secretary of Homeland Security shall
            consider the following:
                        (A) Technology needs and challenges.
                        (B) Personnel needs and challenges.
                        (C) The role of State, territorial, and local law
                    enforcement in maritime border security activities.
                        (D) The need for cooperation among Federal, State,
                    territorial, local, and appropriate international law
                    enforcement entities relating to maritime border
                    security.
                        (E) The geographic challenges of the maritime
                    border.
                        (F) The impact of Hurricanes Harvey, Irma, Maria,
                    and Nate on general border security activities with
                    respect to the maritime border.
                (3) Classified threat analysis.--
                        (A) In general.--To the extent possible, the
                    Secretary of Homeland Security shall submit the threat
                    analysis under subsection (a) in unclassified form.
                        (B) Classified.--The Secretary may submit a portion
                    of the threat analysis in classified form if the
                    Secretary determines that such form is appropriate for
                    such portion.
    SEC. 1814. <<NOTE: 46 USC 70101 note.>>  MARITIME BORDER SECURITY
                              COOPERATION.

        The Secretary of the department in which the Coast Guard is
    operating shall, in accordance with law--
                (1) partner with other Federal, State, and local government
            agencies to leverage existing technology, including existing
            sensor and camera systems and other sensors, in place along the
            maritime border to facilitate monitoring of high-risk maritime
            borders, as determined by the Secretary; and
                (2) subject to the availability of appropriations, enter
            into such agreements as the Secretary considers necessary to
            ensure the monitoring described in paragraph (1).
    SEC. 1815. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL APPEALS
                              PROCESS.

        Not later than 90 days after the date of enactment of this Act, the
    Secretary of Homeland Security shall transmit to the appropriate
    committees of Congress a report on the following:
                (1) The average completion time of an appeal under the
            appeals process established under section 70105(c)(4) of title
            46, United States Code.

    [[Page 132 STAT. 3541]]

                (2) The most common reasons for any delays at each step in
            such process.
                (3) Recommendations on how to resolve any such delays as
            expeditiously as possible.
    SEC. 1816. TECHNICAL AND CONFORMING AMENDMENTS.

        (a) Study to Identify Redundant Background Records Checks.--Section
    105 of the Security and Accountability for Every Port Act of 2006
    (Public Law 109-347; 120 Stat. 1891) and the item relating to that
    section in the table of contents for that Act are repealed.
        (b) Domestic Radiation Detection and Imaging.--Section 121 of the
    Security and Accountability for Every Port Act of 2006 (6 U.S.C. 921) is
    amended--
                (1) by striking subsections (c), (d), and (e);
                (2) by redesignating subsections (f), (g), (h), and (i) as
            subsections (c), (d), (e), and (f), respectively; and
                (3) in subsection (e)(1)(B), as redesignated, by striking
            ``(and updating, if any, of that strategy under subsection
            (c))''.

        (c) Inspection of Car Ferries Entering From Abroad.--Section 122 of
    the Security and Accountability for Every Port Act of 2006 (6 U.S.C.
    922) and the item relating to that section in the table of contents for
    that Act are repealed.
        (d) Report on Arrival and Departure Manifest for Certain Commercial
    Vessels in the United States Virgin Islands.--Section 127 of the
    Security and Accountability for Every Port Act of 2006 (120 Stat. 1900)
    and the item relating to that section in the table of contents for that
    Act are repealed.
        (e) International Cooperation and Coordination.--
                (1) In general.--Section 233 of the Security and
            Accountability for Every Port Act of 2006 (6 U.S.C. 983) is
            amended to read as follows:
    ``SEC. 233. INSPECTION TECHNOLOGY AND TRAINING.

        ``(a) In General.--The Secretary, in coordination with the Secretary
    of State, the Secretary of Energy, and appropriate representatives of
    other Federal agencies, may provide technical assistance, equipment, and
    training to facilitate the implementation of supply chain security
    measures at ports designated under the Container Security Initiative.
        ``(b) Acquisition and Training.--Unless otherwise prohibited by law,
    the Secretary may--
                ``(1) lease, loan, provide, or otherwise assist in the
            deployment of nonintrusive inspection and radiation detection
            equipment at foreign land and sea ports under such terms and
            conditions as the Secretary prescribes, including
            nonreimbursable loans or the transfer of ownership of equipment;
            and
                ``(2) provide training and technical assistance for domestic
            or foreign personnel responsible for operating or maintaining
            such equipment.''.
                (2) Table of contents.--The table of contents in section
            1(b) of the Security and Accountability for Every Port Act of
            2006 (Public Law 109-347; 120 Stat. 1884) is amended by amending
            the item relating to section 233 to read as follows:

    ``Sec. 233. Inspection technology and training.''.

        (f) Pilot Program to Improve the Security of Empty Containers.--
    Section 235 of the Security and Accountability for Every

    [[Page 132 STAT. 3542]]

    Port Act of 2006 (6 U.S.C. 984) and the item relating to that section in
    the table of contents for that Act are repealed.
        (g) Security Plan for Essential Air Service and Small Community
    Airports.--Section 701 of the Security and Accountability for Every Port
    Act of 2006 (Public Law 109-347; 120 Stat. 1943) and the item relating
    to that section in the table of contents for that Act are repealed.
        (h) Aircraft Charter Customer and Lessee Prescreening Program.--
    Section 708 of the Security and Accountability for Every Port Act of
    2006 (Public Law 109-347; 120 Stat. 1947) and the item relating to that
    section in the table of contents for that Act are repealed.

                       DIVISION K--TRANSPORTATION SECURITY

    TITLE I <<NOTE: TSA Modernization Act.>> --TRANSPORTATION SECURITY
    SEC. 1901. SHORT TITLE; REFERENCES.

        (a) <<NOTE: 49 USC 101 note.>>  Short Title.--This title may be
    cited as the ``TSA Modernization Act''.

        (b) References to Title 49, United States Code.--Except as otherwise
    expressly provided, wherever in this title an amendment or repeal is
    expressed in terms of an amendment to, or repeal of, a section or other
    provision, the reference shall be considered to be made to a section or
    other provision of title 49, United States Code.
    SEC. 1902. <<NOTE: 49 USC 101 note.>>  DEFINITIONS.

        In this title:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the TSA.
                (2) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means--
                        (A) the Committee on Commerce, Science, and
                    Transportation of the Senate;
                        (B) the Committee on Homeland Security and
                    Governmental Affairs of the Senate; and
                        (C) the Committee on Homeland Security of the House
                    of Representatives.
                (3) ASAC.--The term ``ASAC'' means the Aviation Security
            Advisory Committee established under section 44946 of title 49,
            United States Code.
                (4) Department.--The term ``Department'' means the
            Department of Homeland Security.
                (5) Explosive detection canine team.--The term ``explosives
            detection canine team'' means a canine and a canine handler that
            are trained to detect explosives and other threats as defined by
            the Secretary.
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of Homeland Security.
                (7) TSA.--The term ``TSA'' means the Transportation Security
            Administration.

    [[Page 132 STAT. 3543]]

                   Subtitle A--Organization and Authorizations

    SEC. 1903. AUTHORIZATION OF APPROPRIATIONS.

        Section 114(w) <<NOTE: 49 USC 114.>>  is amended to read as follows:

        ``(w) Authorization of Appropriations.--There are authorized to be
    appropriated to the Transportation Security Administration for salaries,
    operations, and maintenance of the Administration--
                ``(1) $7,849,247,000 for fiscal year 2019;
                ``(2) $7,888,494,000 for fiscal year 2020; and
                ``(3) $7,917,936,000 for fiscal year 2021.''.
    SEC. 1904. ADMINISTRATOR OF THE TRANSPORTATION SECURITY
                              ADMINISTRATION; 5-YEAR TERM.

        (a) In General.--Section 114, as amended by section 1903 of this
    Act, is further amended--
                (1) in subsection (a), by striking ``Department of
            Transportation'' and inserting ``Department of Homeland
            Security'';
                (2) by amending subsection (b) to read as follows:

        ``(b) Leadership.--
                ``(1) Head of transportation security administration.--
                        ``(A) Appointment.--The head of the Administration
                    shall be the Administrator of the Transportation
                    Security Administration (referred to in this section as
                    the `Administrator'). The Administrator shall be
                    appointed by the President, by and with the advice and
                    consent of the Senate.
                        ``(B) Qualifications.--The Administrator must--
                              ``(i) be a citizen of the United States; and
                              ``(ii) have experience in a field directly
                          related to transportation or security.
                        ``(C) Term.--Effective with respect to any
                    individual appointment by the President, by and with the
                    advice and consent of the Senate, after the date of
                    enactment of the TSA Modernization Act, the term of
                    office of an individual appointed as the Administrator
                    shall be 5 years. The term of office of an individual
                    serving as the Administrator on the date of enactment of
                    the TSA Modernization Act shall be 5 years beginning on
                    the date that the Administrator began serving.
                ``(2) Deputy administrator.--
                        ``(A) Appointment.--There is established in the
                    Transportation Security Administration a Deputy
                    Administrator, who shall assist the Administrator in the
                    management of the Transportation Security
                    Administration. The Deputy Administrator shall be
                    appointed by the President.
                        ``(B) Vacancy.--The Deputy Administrator shall be
                    Acting Administrator during the absence or incapacity of
                    the Administrator or during a vacancy in the office of
                    Administrator.
                        ``(C) Qualifications.--The Deputy Administrator
                    must--
                              ``(i) be a citizen of the United States; and
                              ``(ii) have experience in a field directly
                          related to transportation or security.
                ``(3) Chief counsel.--

    [[Page 132 STAT. 3544]]

                        ``(A) Appointment.--There is established in the
                    Transportation Security Administration a Chief Counsel,
                    who shall advise the Administrator and other senior
                    officials on all legal matters relating to the
                    responsibilities, functions, and management of the
                    Transportation Security Administration.
                        ``(B) Qualifications.--The Chief Counsel must be a
                    citizen of the United States.''; and
                (3) in subsections (c) through (n), (p), (q), and (r), by
            striking ``Under Secretary'' each place it appears and inserting
            ``Administrator''.

        (b) Technical and Conforming Amendments.--
                (1) In general.--Section 114, as amended by subsection (a)
            of this section, is further amended--
                        (A) in subsection (g)--
                              (i) in paragraph (1)--
                                        (I) in the matter preceding
                                    subparagraph (A), by striking ``Subject
                                    to the direction and control of the
                                    Secretary'' and inserting ``Subject to
                                    the direction and control of the
                                    Secretary of Homeland Security''; and
                                        (II) in subparagraph (D), by
                                    inserting ``of Homeland Security'' after
                                    ``Secretary''; and
                              (ii) in paragraph (3), by inserting ``of
                          Homeland Security'' after ``Secretary'';
                        (B) in subsection (j)(1)(D), by inserting ``of
                    Homeland Security'' after ``Secretary'';
                        (C) in subsection (k), by striking ``functions
                    transferred, on or after the date of enactment of the
                    Aviation and Transportation Security Act,'' and
                    inserting ``functions assigned'';
                        (D) in subsection (l)(4)(B), by striking
                    ``Administrator under subparagraph (A)'' and inserting
                    ``Administrator of the Federal Aviation Administration
                    under subparagraph (A)'';
                        (E) in subsection (n), by striking ``Department of
                    Transportation'' and inserting ``Department of Homeland
                    Security'';
                        (F) in subsection (o), by striking ``Department of
                    Transportation'' and inserting ``Department of Homeland
                    Security'';
                        (G) in subsection (p)(4), by striking ``Secretary of
                    Transportation'' and inserting ``Secretary of Homeland
                    Security'';
                        (H) in subsection (s)--
                              (i) in paragraph (3)(B), by inserting ``)''
                          after ``Act of 2007''; and
                              (ii) in paragraph (4)--
                                        (I) in the heading, by striking
                                    ``Submissions of plans to congress'' and
                                    inserting ``Submission of plans'';
                                        (II) by striking subparagraph (A);
                                        (III) by redesignating subparagraphs
                                    (B) through (E) as subparagraphs (A)
                                    through (D), respectively;
                                        (IV) in subparagraph (A), as
                                    redesignated--

    [[Page 132 STAT. 3545]]

                                                (aa) in the heading, by
                                            striking ``Subsequent versions''
                                            and inserting ``In general'';
                                            and
                                                (bb) by striking ``After
                                            December 31, 2015, the'' and
                                            inserting ``The''; and
                                        (V) in subparagraph
                                    (B)(ii)(III)(cc), as redesignated, by
                                    striking ``for the Department'' and
                                    inserting ``for the Department of
                                    Homeland Security'';
                        (I) by redesignating subsections (u), (v), and (w)
                    as subsections (t), (u), and (v), respectively;
                        (J) in subsection (t), as redesignated--
                              (i) in paragraph (1)--
                                        (I) by striking subparagraph (D);
                                    and
                                        (II) by redesignating subparagraph
                                    (E) as subparagraph (D);
                              (ii) in paragraph (2), by inserting ``of
                          Homeland Security'' after ``Plan, the Secretary'';
                              (iii) in paragraph (4)(B)--
                                        (I) by inserting ``of Homeland
                                    Security'' after ``agency within the
                                    Department''; and
                                        (II) by inserting ``of Homeland
                                    Security'' after ``Secretary'';
                              (iv) by amending paragraph (6) to read as
                          follows:
                ``(6) Annual report on plan.--The Secretary of Homeland
            Security shall annually submit to the appropriate congressional
            committees a report containing the Plan.''; and
                              (v) in paragraphs (7) and (8), by inserting
                          ``of Homeland Security'' after ``Secretary''; and
                        (K) in subsection (u), as redesignated--
                              (i) in paragraph (1)--
                                        (I) in subparagraph (B), by
                                    inserting ``or the Administrator'' after
                                    ``Secretary of Homeland Security''; and
                                        (II) in subparagraph (C)(ii), by
                                    striking ``Secretary's designee'' and
                                    inserting ``Secretary of Defense's
                                    designee'';
                                        (III) in subparagraphs (B), (C),
                                    (D), and (E) of paragraph (3), by
                                    inserting ``of Homeland Security'' after
                                    ``Secretary'' each place it appears;
                              (ii) in paragraph (4)(A), by inserting ``of
                          Homeland Security'' after ``Secretary'';
                              (iii) in paragraph (5), by inserting ``of
                          Homeland Security'' after ``Secretary''; and
                              (iv) in paragraph (7)--
                                        (I) in subparagraph (A), by striking
                                    ``Not later than December 31, 2008, and
                                    annually thereafter, the Secretary'' and
                                    inserting ``The Secretary of Homeland
                                    Security''; and
                                        (II) by striking subparagraph (D).
                (2) Congressional oversight of security assurance for public
            and private stakeholders.--Section 1203(b)(1)(B) of the
            Implementing Recommendations of the 9/11 Commission Act of 2007
            (49 U.S.C. 114 note) is amended by striking ``, under section
            114(u)(7) of title 49, United States Code, as added by this
            section, or otherwise,''.

        (c) Executive Schedule.--

    [[Page 132 STAT. 3546]]

                (1) Administrator of the tsa.--
                        (A) Positions at level ii.--Section 5313 of title 5,
                    United States Code, is amended by inserting after the
                    item relating to the Under Secretary of Homeland
                    Security for Management the following:

        ``Administrator of the Transportation Security Administration.''.
                        (B) Bonus eligibility.--Section 101(c)(2) of the
                    Aviation and Transportation Security Act (5 U.S.C. 5313
                    note) is amended--
                              (i) by striking ``Under Secretary'' and
                          inserting ``Administrator of the Transportation
                          Security Administration'';
                              (ii) by striking ``on the Secretary's'' and
                          inserting ``on the Secretary of Homeland
                          Security's''; and
                              (iii) by striking ``Under Secretary's'' and
                          inserting ``Administrator's''.
                (2) Deputy administrator of the tsa.--Section 5314 of title
            5, United States Code, is amended by inserting after the item
            relating to Deputy Administrators, Federal Emergency Management
            Agency the following:

        ``Deputy Administrator, Transportation Security Administration.''.
                (3) <<NOTE: 53 USC 5314 note.>>  Nonapplicability.--The
            amendment made by paragraph (2) of this subsection shall not
            affect the salary of an individual who is performing the duties
            of the Deputy Administrator on the date of enactment of this
            Act, even if that individual is subsequently appointed as Deputy
            Administrator.
    SEC. 1905. TRANSPORTATION SECURITY ADMINISTRATION ORGANIZATION.

        Section 114, as amended by sections 1903 and 1904 of this Act, is
    further amended by adding at the end the following:
        ``(w) Leadership and Organization.--
                ``(1) In general.--For each of the areas described in
            paragraph (2), the Administrator of the Transportation Security
            Administration shall appoint at least 1 individual who shall--
                        ``(A) report directly to the Administrator or the
                    Administrator's designated direct report; and
                        ``(B) be responsible and accountable for that area.
                ``(2) Areas described.--The areas described in this
            paragraph are as follows:
                        ``(A) Aviation security operations and training,
                    including risk-based, adaptive security--
                              ``(i) focused on airport checkpoint and
                          baggage screening operations;
                              ``(ii) workforce training and development
                          programs; and
                              ``(iii) ensuring compliance with aviation
                          security law, including regulations, and other
                          specialized programs designed to secure air
                          transportation.
                        ``(B) Surface transportation security operations and
                    training, including risk-based, adaptive security--
                              ``(i) focused on accomplishing security
                          systems assessments;
                              ``(ii) reviewing and prioritizing projects for
                          appropriated surface transportation security
                          grants;

    [[Page 132 STAT. 3547]]

                              ``(iii) operator compliance with surface
                          transportation security law, including
                          regulations, and voluntary industry standards; and
                              ``(iv) workforce training and development
                          programs, and other specialized programs designed
                          to secure surface transportation.
                        ``(C) Transportation industry engagement and
                    planning, including the development, interpretation,
                    promotion, and oversight of a unified effort regarding
                    risk-based, risk-reducing security policies and plans
                    (including strategic planning for future contingencies
                    and security challenges) between government and
                    transportation stakeholders, including airports,
                    domestic and international airlines, general aviation,
                    air cargo, mass transit and passenger rail, freight
                    rail, pipeline, highway and motor carriers, and
                    maritime.
                        ``(D) International strategy and operations,
                    including agency efforts to work with international
                    partners to secure the global transportation network.
                        ``(E) Trusted and registered traveler programs,
                    including the management and marketing of the agency's
                    trusted traveler initiatives, including the PreCheck
                    Program, and coordination with trusted traveler programs
                    of other Department of Homeland Security agencies and
                    the private sector.
                        ``(F) Technology acquisition and deployment,
                    including the oversight, development, testing,
                    evaluation, acquisition, deployment, and maintenance of
                    security technology and other acquisition programs.
                        ``(G) Inspection and compliance, including the
                    integrity, efficiency and effectiveness of the agency's
                    workforce, operations, and programs through objective
                    audits, covert testing, inspections, criminal
                    investigations, and regulatory compliance.
                        ``(H) Civil rights, liberties, and traveler
                    engagement, including ensuring that agency employees and
                    the traveling public are treated in a fair and lawful
                    manner consistent with Federal laws and regulations
                    protecting privacy and prohibiting discrimination and
                    reprisal.
                        ``(I) Legislative and public affairs, including
                    communication and engagement with internal and external
                    audiences in a timely, accurate, and transparent manner,
                    and development and implementation of strategies within
                    the agency to achieve congressional approval or
                    authorization of agency programs and policies.
                ``(3) Notification.--The Administrator shall submit to the
            appropriate committees of Congress--
                        ``(A) not later than 180 days after the date of
                    enactment of the TSA Modernization Act, a list of the
                    names of the individuals appointed under paragraph (1);
                    and
                        ``(B) an update of the list not later than 5 days
                    after any new individual is appointed under paragraph
                    (1).''.
    SEC. 1906. TRANSPORTATION SECURITY ADMINISTRATION EFFICIENCY.

        (a) Efficiency Review.--

    [[Page 132 STAT. 3548]]

                (1) In general.--Not later than 270 days after the date of
            enactment of this Act, the Administrator shall complete a
            comprehensive, agency-wide efficiency review of the TSA to
            identify and effectuate spending reductions and administrative
            savings that can be achieved by the streamlining or
            restructuring of TSA divisions.
                (2) Requirements.--In carrying out the review under
            paragraph (1), the Administrator shall consider the following:
                        (A) Eliminating unnecessarily duplicative or
                    overlapping programs and initiatives.
                        (B) Eliminating unnecessary or obsolete rules,
                    regulations, directives, or procedures.
                        (C) Reducing overall operating expenses of the TSA,
                    including costs associated with the number of personnel,
                    as a direct result of efficiencies gained through the
                    implementation of risk-based screening or through any
                    other means as determined appropriate by the
                    Administrator in accordance with this section.
                        (D) Reducing, by 20 percent, the number of positions
                    at the Senior Executive Service level at the TSA as
                    calculated on the date of enactment of this Act.
                        (E) Such other matters the Administrator considers
                    appropriate.

        (b) Report to Congress.--Not later than 30 days after the date the
    efficiency review under subsection (a) is complete, the Administrator
    shall submit to the appropriate committees of Congress a report on the
    findings, including a description of any cost savings expected to be
    achieved by the streamlining or restructuring of TSA divisions.
    SEC. 1907. PERSONNEL MANAGEMENT SYSTEM REVIEW.

        (a) In General.--Not later than 30 days after the date of enactment
    of this Act, the Administrator shall convene a working group consisting
    of representatives of the TSA and representatives of the labor
    organization representing security screening personnel to recommend
    reforms to the TSA's personnel management system, including appeals to
    the Merit Systems Protection Board and grievance procedures.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the working group convened under subsection (a) shall submit
    to the Administrator and the appropriate committees of Congress a report
    containing proposed, mutually agreed-upon recommendations to reform the
    TSA's personnel management system.
        (c) Implementation.--To the extent authorized under law, the
    Administrator may implement 1 or more of the recommendations submitted
    under subsection (b).
        (d) Termination.--The working group shall terminate on the date that
    the report is submitted under subsection (b).
    SEC. 1908. TSA LEAP PAY REFORM.

        (a) Definition of Basic Pay.--Clause (ii) of section 8331(3)(E) of
    title 5, United States Code, is amended to read as follows:
                              ``(ii) received after September 11, 2001, by a
                          Federal air marshal or criminal investigator (as
                          defined in section 5545a(a)(2)) of the
                          Transportation Security Administration, subject to
                          all restrictions and earning limitations imposed
                          on criminal investigators receiving

    [[Page 132 STAT. 3549]]

                          such pay under section 5545a, including the
                          premium pay limitations under section 5547;''.

        (b) <<NOTE: 5 USC 8331 note.>>  Effective Date; Applicability.--
                (1) In general.--Subject to paragraph (2), this section, and
            the amendments made by this section, shall take effect on the
            first day of the first pay period commencing on or after the
            date of enactment of this section.
                (2) Retroactive application.--
                        (A) In general.--Any availability pay received for
                    any pay period commencing before the date of enactment
                    of this Act by a Federal air marshal or criminal
                    investigator employed by the Transportation Security
                    Administration shall be deemed basic pay under section
                    8331(3) of title 5, United States Code, if the
                    Transportation Security Administration treated such pay
                    as retirement-creditable basic pay, but the Office of
                    Personnel Management, based on an interpretation of
                    section 8331(3) of title 5, United States Code, did not
                    accept such pay as retirement-creditable basic pay.
                        (B) Implementation.--Not later than 3 months after
                    the date of enactment of this Act, the Director of the
                    Office of Personnel Management shall commence taking
                    such actions as are necessary to implement the
                    amendments made by this section with respect to
                    availability pay deemed to be basic pay under
                    subparagraph (A).
    SEC. 1909. RANK AWARDS PROGRAM FOR TRANSPORTATION SECURITY
                              ADMINISTRATION EXECUTIVES AND SENIOR
                              PROFESSIONALS.

        Section 114(n), as amended by section 1904 of this Act, is further
    amended--
                (1) by inserting ``(1) In general.--'' before ``The
            personnel management system'' and indenting appropriately; and
                (2) by adding at the end the following:
                ``(2) Meritorious executive or distinguished executive rank
            awards.--Notwithstanding section 40122(g)(2) of this title, the
            applicable sections of title 5 shall apply to the Transportation
            Security Administration personnel management system, except
            that--
                        ``(A) for purposes of applying such provisions to
                    the personnel management system--
                              ``(i) the term `agency' means the Department
                          of Homeland Security;
                              ``(ii) the term `senior executive' means a
                          Transportation Security Administration executive
                          serving on a Transportation Security Executive
                          Service appointment;
                              ``(iii) the term `career appointee' means a
                          Transportation Security Administration executive
                          serving on a career Transportation Security
                          Executive Service appointment; and
                              ``(iv) The term `senior career employee' means
                          a Transportation Security Administration employee
                          covered by the Transportation Security
                          Administration Core Compensation System at the L
                          or M pay band;

    [[Page 132 STAT. 3550]]

                        ``(B) receipt by a career appointee or a senior
                    career employee of the rank of Meritorious Executive or
                    Meritorious Senior Professional entitles the individual
                    to a lump-sum payment of an amount equal to 20 percent
                    of annual basic pay, which shall be in addition to the
                    basic pay paid under the applicable Transportation
                    Security Administration pay system; and
                        ``(C) receipt by a career appointee or a senior
                    career employee of the rank of Distinguished Executive
                    or Distinguished Senior Professional entitles the
                    individual to a lump-sum payment of an amount equal to
                    35 percent of annual basic pay, which shall be in
                    addition to the basic pay paid under the applicable
                    Transportation Security Administration pay system.
                ``(3) Definition of applicable sections of title 5.--In this
            subsection, the term `applicable sections of title 5' means--
                        ``(A) subsections (b), (c) and (d) of section 4507
                    of title 5; and
                        ``(B) subsections (b) and (c) of section 4507a of
                    title 5.''.
    SEC. 1910. <<NOTE: 49 USC 114 note.>>  TRANSMITTALS TO CONGRESS.

        With regard to each report, legislative proposal, or other
    communication of the Executive Branch related to the TSA and required to
    be submitted to Congress or the appropriate committees of Congress, the
    Administrator shall transmit such communication directly to the
    appropriate committees of Congress.

                         Subtitle B--Security Technology

    SEC. 1911. <<NOTE: 49 USC 114 note.>>  THIRD PARTY TESTING AND
                              VERIFICATION OF SCREENING TECHNOLOGY.

        (a) In General.--In carrying out the responsibilities under section
    114(f)(9), the Administrator shall develop and implement, not later than
    1 year after the date of enactment of this Act, a program to enable a
    vendor of related security screening technology to obtain testing and
    verification, including as an alternative to the TSA's test and
    evaluation process, by an appropriate third party, of such technology
    before procurement or deployment.
        (b) Detection Testing.--
                (1) In general.--The third party testing and verification
            program authorized under subsection (a) shall include detection
            testing to evaluate the performance of the security screening
            technology system regarding the probability of detection, the
            probability of false alarm, and such other indicators that the
            system is able to meet the TSA's mission needs.
                (2) Results.--The results of the third party detection
            testing under paragraph (1) shall be considered final if the
            results are approved by the Administration in accordance with
            approval standards developed by the Administrator.
                (3) Coordination with final testing.--To the extent
            practicable, but without compromising the integrity of the TSA
            test and evaluation process, the Administrator shall coordinate
            the third party detection testing under paragraph (1) with any
            subsequent, final Federal Government testing.

    [[Page 132 STAT. 3551]]

                (4) International standards.--To the extent practicable and
            permissible under law and considering the national security
            interests of the United States, the Administrator shall--
                        (A) share detection testing information and
                    standards with appropriate international partners; and
                        (B) coordinate with the appropriate international
                    partners to align TSA testing and evaluation with
                    relevant international standards to maximize the
                    capability to detect explosives and other threats.

        (c) Operational Testing.--
                (1) In general.--Subject to paragraph (2), the third party
            testing and verification program authorized under subsection (a)
            shall include operational testing.
                (2) Limitation.--Third party operational testing under
            paragraph (1) may not exceed 1 year.

        (d) Alternative.--Third party testing under subsection (a) shall
    replace as an alternative, at the discretion of the Administrator, the
    testing at the TSA Systems Integration Facility, including testing for--
                (1) health and safety factors;
                (2) operator interface;
                (3) human factors;
                (4) environmental factors;
                (5) throughput;
                (6) reliability, maintainability, and availability factors;
            and
                (7) interoperability.

        (e) Testing and Verification Framework.--
                (1) In general.--The Administrator shall--
                        (A) establish a framework for the third party
                    testing and for verifying a security technology is
                    operationally effective and able to meet the TSA's
                    mission needs before it may enter or re-enter, as
                    applicable, the operational context at an airport or
                    other transportation facility;
                        (B) use phased implementation to allow the TSA and
                    the third party to establish best practices; and
                        (C) oversee the third party testing and evaluation
                    framework.
                (2) Recommendations.--The Administrator shall request ASAC's
            Security Technology Subcommittee, in consultation with
            representatives of the security manufacturers industry, to
            develop and submit to the Administrator recommendations for the
            third party testing and verification framework.

        (f) Field Testing.--The Administrator shall prioritize the field
    testing and evaluation, including by third parties, of security
    technology and equipment at airports and on site at security technology
    manufacturers whenever possible as an alternative to the TSA Systems
    Integration Facility.
        (g) Appropriate Third Parties.--
                (1) Citizenship requirement.--An appropriate third party
            under subsection (a) shall be--
                        (A) if an individual, a citizen of the United
                    States; or
                        (B) if an entity, owned and controlled by a citizen
                    of the United States.
                (2) Waiver.--The Administrator may waive the requirement
            under paragraph (1)(B) if the entity is a United States
            subsidiary of a parent company that has implemented a foreign

    [[Page 132 STAT. 3552]]

            ownership, control, or influence mitigation plan that has been
            approved by the Defense Security Service of the Department of
            Defense before applying to provide third party testing. The
            Administrator may reject any application to provide third party
            testing under subsection (a) submitted by an entity that
            requires a waiver under this paragraph.
                (3) Conflicts of interest.--The Administrator shall ensure,
            to the extent possible, that an entity providing third party
            testing under this section does not have a contractual,
            business, or other pecuniary interest (exclusive of any such
            testing) in--
                        (A) the security screening technology subject to
                    such testing; or
                        (B) the vendor of such technology.

        (h) GAO Review.--
                (1) In general.--Not later than 2 years after the date of
            enactment of this Act, the Comptroller General of the United
            States shall submit to the appropriate committees of Congress a
            study on the third party testing program developed under this
            section
                (2) Review.--The study under paragraph (1) shall include a
            review of the following:
                        (A) Any efficiencies or gains in effectiveness
                    achieved in TSA operations, including technology
                    acquisition or screening operations, as a result of such
                    program.
                        (B) The degree to which the TSA conducts timely and
                    regular oversight of the appropriate third parties
                    engaged in such testing.
                        (C) The effect of such program on the following:
                              (i) The introduction of innovative detection
                          technologies into security screening operations.
                              (ii) The availability of testing for
                          technologies developed by small to medium sized
                          businesses.
                        (D) Any vulnerabilities associated with such
                    program, including with respect to the following:
                              (i) National security.
                              (ii) Any conflicts of interest between the
                          appropriate third parties engaged in such testing
                          and the entities providing such technologies to be
                          tested.
                              (iii) Waste, fraud, and abuse.
    SEC. 1912. <<NOTE: 49 USC 114 note.>>  TRANSPORTATION SECURITY
                              ADMINISTRATION SYSTEMS INTEGRATION
                              FACILITY.

        (a) In General.--The Administrator shall continue to operate the
    Transportation Security Administration Systems Integration Facility
    (referred to in this section as the ``TSIF'') for the purposes of
    testing and evaluating advanced transportation security screening
    technologies related to the mission of the TSA.
        (b) Requirements.--The TSIF shall--
                (1) evaluate the technologies described in subsection (a) to
            enhance the security of transportation systems through screening
            and threat mitigation and detection;
                (2) test the technologies described in subsection (a) to
            support identified mission needs of the TSA and to meet
            requirements for acquisitions and procurement;

    [[Page 132 STAT. 3553]]

                (3) to the extent practicable, provide original equipment
            manufacturers with test plans to minimize requirement
            interpretation disputes and adhere to provided test plans;
                (4) collaborate with other technical laboratories and
            facilities for purposes of augmenting the capabilities of the
            TSIF;
                (5) deliver advanced transportation security screening
            technologies that enhance the overall security of domestic
            transportation systems; and
                (6) to the extent practicable, provide funding and promote
            efforts to enable participation by a small business concern (as
            the term is described under section 3 of the Small Business Act
            (15 U.S.C. 632)) that--
                        (A) has an advanced technology or capability; but
                        (B) does not have adequate resources to participate
                    in testing and evaluation processes.

        (c) Staffing and Resource Allocation.--The Administrator shall
    ensure adequate staffing and resource allocations for the TSIF in a
    manner that--
                (1) prevents unnecessary delays in the testing and
            evaluation of advanced transportation security screening
            technologies for acquisitions and procurement determinations;
                (2) ensures the issuance of final paperwork certification no
            later than 45 days after the date such testing and evaluation
            has concluded; and
                (3) ensures collaboration with technology stakeholders to
            close capabilities gaps in transportation security.

        (d) Deadline.--
                (1) In general.--The Administrator shall notify the
            appropriate committees of Congress if testing and evaluation by
            the TSIF of an advanced transportation security screening
            technology under this section exceeds 180 days from the delivery
            date.
                (2) Notification.--The notification under paragraph (1)
            shall include--
                        (A) information relating to the delivery date;
                        (B) a justification for why the testing and
                    evaluation process has exceeded 180 days; and
                        (C) the estimated date for completion of such
                    testing and evaluation.
                (3) Definition of delivery date.--In this subsection, the
            term ``delivery date'' means the date that the owner of an
            advanced transportation security screening technology--
                        (A) after installation, delivers the technology to
                    the TSA for testing and evaluation; and
                        (B) submits to the Administrator, in such form and
                    manner as the Administrator prescribes, a signed
                    notification of the delivery described in subparagraph
                    (A).

        (e) Retesting and Evaluation.--Advanced transportation security
    screening technology that fails testing and evaluation by the TSIF may
    be retested and evaluated at the discretion of the Administrator.
        (f) Rule of Construction.--Nothing in this section may be construed
    to affect the authority or responsibility of an officer of the
    Department, or an officer of any other Federal department or agency,
    with respect to research, development, testing, and evaluation of
    technologies, including such authorities or responsibilities of the
    Undersecretary for Science and Technology of the

    [[Page 132 STAT. 3554]]

    Department and Assistant Secretary of the Countering Weapons of Mass
    Destruction Office of the Department.
    SEC. 1913. OPPORTUNITIES TO PURSUE EXPANDED NETWORKS FOR BUSINESS.

        (a) Strategy.--Subtitle B of title of title XVI of the Homeland
    Security Act of 2002 (6 U.S.C. 563 et seq.) is amended by adding at the
    end following:
    ``SEC. 1617. <<NOTE: 6 USC 563f.>>  DIVERSIFIED SECURITY
                              TECHNOLOGY INDUSTRY MARKETPLACE.

        ``(a) In General.--Not later than 120 days after the date of
    enactment of the TSA Modernization Act, the Administrator shall develop
    and submit to the Committee on Commerce, Science, and Transportation of
    the Senate and the Committee on Homeland Security of the House of
    Representatives a strategy to promote a diverse security technology
    industry marketplace upon which the Administrator can rely to acquire
    advanced transportation security technologies or capabilities, including
    by increased participation of small business innovators.
        ``(b) Contents.--The strategy required under subsection (a) shall
    include the following:
                ``(1) Information on how existing Administration
            solicitation, testing, evaluation, piloting, acquisition, and
            procurement processes impact the Administrator's ability to
            acquire from the security technology industry marketplace,
            including small business innovators that have not previously
            provided technology to the Administration, innovative
            technologies or capabilities with the potential to enhance
            transportation security.
                ``(2) Specific actions that the Administrator will take,
            including modifications to the processes described in paragraph
            (1), to foster diversification within the security technology
            industry marketplace.
                ``(3) Projected timelines for implementing the actions
            described in paragraph (2).
                ``(4) Plans for how the Administrator could, to the extent
            practicable, assist a small business innovator periodically
            during such processes, including when such an innovator lacks
            adequate resources to participate in such processes, to
            facilitate an advanced transportation security technology or
            capability being developed and acquired by the Administrator.
                ``(5) An assessment of the feasibility of partnering with an
            organization described in section 501(c)(3) of the Internal
            Revenue Code of 1986 and exempt from tax under section 501(a) of
            such Code to provide venture capital to businesses, particularly
            small business innovators, for commercialization of innovative
            transportation security technologies that are expected to be
            ready for commercialization in the near term and within 36
            months.

        ``(c) Feasibility Assessment.--In conducting the feasibility
    assessment under subsection (b)(5), the Administrator shall consider the
    following:
                ``(1) Establishing an organization described in section
            501(c)(3) of the Internal Revenue Code of 1986 and exempt from
            tax under section 501(a) of such Code as a venture capital
            partnership between the private sector and the intelligence
            community to help businesses, particularly small business

    [[Page 132 STAT. 3555]]

            innovators, commercialize innovative security-related
            technologies.
                ``(2) Enhanced engagement through the Science and Technology
            Directorate of the Department of Homeland Security.

        ``(d) Rule of Construction.--Nothing in this section may be
    construed as requiring changes to the Transportation Security
    Administration standards for security technology.
        ``(e) Definitions.--In this section:
                ``(1) Intelligence community.--The term `intelligence
            community' has the meaning given the term in section 3 of the
            National Security Act of 1947 (50 U.S.C. 3003).
                ``(2) Small business concern.--The term `small business
            concern' has the meaning described under section 3 of the Small
            Business Act (15 U.S.C. 632).
                ``(3) Small business innovator.--The term `small business
            innovator' means a small business concern that has an advanced
            transportation security technology or capability.''.

        (b) GAO Review.--Not later than 1 year after the date the strategy
    is submitted under section 1617 of the Homeland Security Act of 2002,
    the Comptroller General of the United States shall--
                (1) review the extent to which the strategy--
                        (A) addresses the requirements of that section;
                        (B) has resulted in increased participation of small
                    business innovators in the security technology industry
                    marketplace; and
                        (C) has diversified the security technology industry
                    marketplace; and
                (2) submit to the Committee on Commerce, Science, and
            Transportation of the Senate and the Committee on Homeland
            Security of the House of Representatives the findings of the
            review and any recommendations.

        (c) Table of Contents.--The table of contents in section 1(b) of the
    Homeland Security Act of 2002 is amended by inserting after the item
    relating to section 1616 the following:

    ``1617. Diversified security technology industry marketplace.''.

    SEC. 1914. <<NOTE: 49 USC 44901 note.>>  RECIPROCAL RECOGNITION OF
                              SECURITY STANDARDS.

        (a) In General.--The Administrator, in coordination with appropriate
    international aviation security authorities, shall develop a validation
    process for the reciprocal recognition of security equipment technology
    approvals among international security partners or recognized
    certification authorities for deployment.
        (b) Requirement.--The validation process shall ensure that the
    certification by each participating international security partner or
    recognized certification authority complies with detection,
    qualification, and information security, including cybersecurity,
    standards of the TSA, the Department of Homeland Security, and the
    National Institute of Standards and Technology.
    SEC. 1915. <<NOTE: 49 USC 44903 note.>>  TRANSPORTATION SECURITY
                              LABORATORY.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary, in consultation with the Administrator and
    the Undersecretary for Science and Technology--
                (1) shall conduct a review to determine whether the TSA is
            the most appropriate component within the Department to
            administer the Transportation Security Laboratory; and

    [[Page 132 STAT. 3556]]

                (2) may direct the TSA to administer the Transportation
            Security Laboratory if the review under paragraph (1) identifies
            the TSA as the most appropriate component.

        (b) Periodic Reviews.--The Secretary shall periodically review the
    screening technology test and evaluation process conducted at the
    Transportation Security Laboratory to improve the coordination,
    collaboration, and communication between the Transportation Security
    Laboratory and the TSA to identify factors contributing to acquisition
    inefficiencies, develop strategies to reduce acquisition inefficiencies,
    facilitate more expeditious initiation and completion of testing, and
    identify how laboratory practices can better support acquisition
    decisions.
        (c) Reports.--The Secretary shall report the findings of each review
    under this section to the appropriate committees of Congress.
    SEC. 1916. <<NOTE: 49 USC 44912 note.>>  INNOVATION TASK FORCE.

        (a) In General.--The Administrator shall establish an innovation
    task force--
                (1) to cultivate innovations in transportation security;
                (2) to develop and recommend how to prioritize and
            streamline requirements for new approaches to transportation
            security;
                (3) to accelerate the development and introduction of new
            innovative transportation security technologies and improvements
            to transportation security operations; and
                (4) to provide industry with access to the airport
            environment during the technology development and assessment
            process to demonstrate the technology and to collect data to
            understand and refine technical operations and human factor
            issues.

        (b) Activities.--The task force shall--
                (1) conduct activities to identify and develop an innovative
            technology, emerging security capability, or process designed to
            enhance transportation security, including--
                        (A) by conducting a field demonstration of such a
                    technology, capability, or process in the airport
                    environment;
                        (B) by gathering performance data from such a
                    demonstration to inform the acquisition process; and
                        (C) by enabling a small business with an innovative
                    technology or emerging security capability, but less
                    than adequate resources, to participate in such a
                    demonstration;
                (2) conduct at least quarterly collaboration meetings with
            industry, including air carriers, airport operators, and other
            transportation security stakeholders to highlight and discuss
            best practices on innovative security operations and technology
            evaluation and deployment; and
                (3) submit to the appropriate committees of Congress an
            annual report on the effectiveness of key performance data from
            task force-sponsored projects and checkpoint enhancements.

        (c) Composition.--
                (1) Appointment.--The Administrator, in consultation with
            the Chairperson of ASAC shall appoint the members of the task
            force.
                (2) Chairperson.--The task force shall be chaired by the
            Administrator's designee.

    [[Page 132 STAT. 3557]]

                (3) Representation.--The task force shall be comprised of
            representatives of--
                        (A) the relevant offices of the TSA;
                        (B) if considered appropriate by the Administrator,
                    the Science and Technology Directorate of the Department
                    of Homeland Security;
                        (C) any other component of the Department of
                    Homeland Security that the Administrator considers
                    appropriate; and
                        (D) such industry representatives as the
                    Administrator considers appropriate.

        (d) Rule of Construction.--Nothing in this section shall be
    construed to require the acquisition or deployment of an innovative
    technology, emerging security capability, or process identified,
    developed, or recommended under this section.
        (e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5
    U.S.C. App.) shall not apply to the task force established under this
    section.
    SEC. 1917. 5-YEAR TECHNOLOGY INVESTMENT PLAN UPDATE.

        Section 1611 of the Homeland Security Act of 2002 (6 U.S.C. 563) is
    amended--
                (1) in subsection (g)--
                        (A) by striking the matter preceding paragraph (1)
                    and inserting ``The Administrator shall, in
                    collaboration with relevant industry and government
                    stakeholders, annually submit to Congress in an appendix
                    to the budget request and publish in an unclassified
                    format in the public domain--'';
                        (B) in paragraph (1), by striking ``; and'' and
                    inserting a semicolon;
                        (C) in paragraph (2), by striking the period and
                    inserting ``; and''; and
                        (D) by adding at the end the following:
                ``(3) information about acquisitions completed during the
            fiscal year preceding the fiscal year during which the report is
            submitted.''; and
                (2) by adding at the end the following:

        ``(h) Additional Update Requirements.--Updates and reports under
    subsection (g) shall--
                ``(1) be prepared in consultation with--
                        ``(A) the persons described in subsection (b); and
                        ``(B) the Surface Transportation Security Advisory
                    Committee established under section 404; and
                ``(2) include--
                        ``(A) information relating to technology investments
                    by the Transportation Security Administration and the
                    private sector that the Department supports with
                    research, development, testing, and evaluation for
                    aviation, including air cargo, and surface
                    transportation security;
                        ``(B) information about acquisitions completed
                    during the fiscal year preceding the fiscal year during
                    which the report is submitted;
                        ``(C) information relating to equipment of the
                    Transportation Security Administration that is in
                    operation after the end of the life-cycle of the
                    equipment specified by the manufacturer of the
                    equipment; and

    [[Page 132 STAT. 3558]]

                        ``(D) to the extent practicable, a classified
                    addendum to report sensitive transportation security
                    risks and associated capability gaps that would be best
                    addressed by security-related technology described in
                    subparagraph (A).''.

        ``(i) Notice of Covered Changes to Plan.--
                ``(1) Notice required.--The Administrator shall submit to
            the Committee on Commerce, Science, and Transportation of the
            Senate and the Committee on Homeland Security of the House of
            Representatives notice of any covered change to the Plan not
            later than 90 days after the date that the covered change is
            made.
                ``(2) Definition of covered change.--In this subsection, the
            term `covered change' means--
                        ``(A) an increase or decrease in the dollar amount
                    allocated to the procurement of a technology; or
                        ``(B) an increase or decrease in the number of a
                    technology.''.
    SEC. 1918. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.

        (a) In General.--Title XVI of the Homeland Security Act of 2002 (6
    U.S.C. 561 et seq.), as amended by section 1913 of this Act, is further
    amended by adding at the end the following:

            ``Subtitle C--Maintenance of Security-related Technology

    ``SEC. 1621. <<NOTE: 6 USC 565.>>  MAINTENANCE VALIDATION AND
                              OVERSIGHT.

        ``(a) In General.--Not later than 180 days after the date of
    enactment of the TSA Modernization Act, the Administrator shall develop
    and implement a preventive maintenance validation process for security-
    related technology deployed to airports.
        ``(b) Maintenance by Administration Personnel at Airports.--For
    maintenance to be carried out by Administration personnel at airports,
    the process referred to in subsection (a) shall include the following:
                ``(1) Guidance to Administration personnel at airports
            specifying how to conduct and document preventive maintenance
            actions.
                ``(2) Mechanisms for the Administrator to verify compliance
            with the guidance issued pursuant to paragraph (1).

        ``(c) Maintenance by Contractors at Airports.--For maintenance to be
    carried by a contractor at airports, the process referred to in
    subsection (a) shall require the following:
                ``(1) Provision of monthly preventative maintenance
            schedules to appropriate Administration personnel at each
            airport that includes information on each action to be completed
            by contractor.
                ``(2) Notification to appropriate Administration personnel
            at each airport when maintenance action is completed by a
            contractor.
                ``(3) A process for independent validation by a third party
            of contractor maintenance.

        ``(d) Penalties for Noncompliance.--The Administrator shall require
    maintenance for any contracts entered into 60 days after the date of
    enactment of the TSA Modernization Act or later for security-related
    technology deployed to airports to include penalties

    [[Page 132 STAT. 3559]]

    for noncompliance when it is determined that either preventive or
    corrective maintenance has not been completed according to contractual
    requirements and manufacturers' specifications.''.
        (b) Table of Contents.--The table of contents of the Homeland
    Security Act of 2002, as amended by section 1913 of this Act, is further
    amended by inserting after the item relating to section 1617 the
    following:

            ``Subtitle C--Maintenance of Security-related Technology

    ``1621. Maintenance validation and oversight.''.

    SEC. 1919. <<NOTE: 6 USC 1118.>>  BIOMETRICS EXPANSION.

        (a) In General.--The Administrator and the Commissioner of U.S.
    Customs and Border Protection shall consult with each other on the
    deployment of biometric technologies.
        (b) Rule of Construction.--Nothing in this section shall be
    construed to permit the Commissioner of U.S. Customs and Border
    Protection to facilitate or expand the deployment of biometric
    technologies, or otherwise collect, use, or retain biometrics, not
    authorized by any provision of or amendment made by the Intelligence
    Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118
    Stat. 3638) or the Implementing Recommendations of the 9/11 Commission
    Act of 2007 (Public Law 110-53; 121 Stat. 266).
        (c) Report Required.--Not later than 270 days after the date of
    enactment of this Act, the Secretary shall submit to the appropriate
    committees of Congress, and to any Member of Congress upon the request
    of that Member, a report that includes specific assessments from the
    Administrator and the Commissioner of U.S. Customs and Border Protection
    with respect to the following:
                (1) The operational and security impact of using biometric
            technology to identify travelers.
                (2) The potential effects on privacy of the expansion of the
            use of biometric technology under paragraph (1), including
            methods proposed or implemented to mitigate any risks to privacy
            identified by the Administrator or the Commissioner related to
            the active or passive collection of biometric data.
                (3) Methods to analyze and address any matching performance
            errors related to race, gender, or age identified by the
            Administrator with respect to the use of biometric technology,
            including the deployment of facial recognition technology;
                (4) With respect to the biometric entry-exit program, the
            following:
                        (A) Assessments of--
                              (i) the error rates, including the rates of
                          false positives and false negatives, and accuracy
                          of biometric technologies;
                              (ii) the effects of biometric technologies, to
                          ensure that such technologies do not unduly burden
                          categories of travelers, such as a certain race,
                          gender, or nationality;
                              (iii) the extent to which and how biometric
                          technologies could address instances of travelers
                          to the United States overstaying their visas,
                          including--
                                        (I) an estimate of how often
                                    biometric matches are contained in an
                                    existing database;

    [[Page 132 STAT. 3560]]

                                        (II) an estimate of the rate at
                                    which travelers using fraudulent
                                    credentials identifications are
                                    accurately rejected; and
                                        (III) an assessment of what
                                    percentage of the detection of
                                    fraudulent identifications could have
                                    been accomplished using conventional
                                    methods;
                              (iv) the effects on privacy of the use of
                          biometric technologies, including methods to
                          mitigate any risks to privacy identified by the
                          Administrator or the Commissioner of U.S. Customs
                          and Border Protection related to the active or
                          passive collection of biometric data; and
                              (v) the number of individuals who stay in the
                          United States after the expiration of their visas
                          each year.
                        (B) A description of--
                              (i) all audits performed to assess--
                                        (I) error rates in the use of
                                    biometric technologies; or
                                        (II) whether the use of biometric
                                    technologies and error rates in the use
                                    of such technologies disproportionately
                                    affect a certain race, gender, or
                                    nationality; and
                              (ii) the results of the audits described in
                          clause (i).
                        (C) A description of the process by which domestic
                    travelers are able to opt-out of scanning using
                    biometric technologies.
                        (D) A description of--
                              (i) what traveler data is collected through
                          scanning using biometric technologies, what
                          agencies have access to such data, and how long
                          the agencies possess such data;
                              (ii) specific actions that the Department and
                          other relevant Federal departments and agencies
                          take to safeguard such data; and
                              (iii) a short-term goal for the prompt
                          deletion of the data of individual United States
                          citizens after such data is used to verify
                          traveler identities.

        (d) Publication of Assessments.--The Secretary, the Administrator,
    and the Commissioner shall, if practicable, publish a public version of
    the assessment required by subsection (c)(2) on the Internet website of
    the TSA and of the U.S. Customs and Border Protection.
    SEC. 1920. <<NOTE: 49 USC 44903 note.>>  PILOT PROGRAM FOR
                              AUTOMATED EXIT LANE TECHNOLOGY.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Administrator shall establish a pilot program to
    implement and evaluate the use of automated exit lane technology at
    small hub airports and nonhub airports (as those terms are defined in
    section 40102 of title 49, United States Code).
        (b) Partnership.--The Administrator shall carry out the pilot
    program in partnership with the applicable airport directors.

    [[Page 132 STAT. 3561]]

        (c) Cost Share.--The Federal share of the cost of the pilot program
    under this section shall not exceed 85 percent of the total cost of the
    program.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the pilot program under this section
    $15,000,000 for each of fiscal years 2019 through 2021.
        (e) GAO Report.--Not later than 2 years after the date the pilot
    program is implemented, the Comptroller General of the United States
    shall submit to the appropriate committees of Congress a report on the
    pilot program, including--
                (1) the extent of airport participation in the pilot program
            and how the program was implemented;
                (2) the results of the pilot program and any reported
            benefits, including the impact on security and any cost-related
            efficiencies realized by TSA or at the participating airports;
            and
                (3) the feasibility of expanding the pilot program to
            additional airports, including to medium and large hub airports.
    SEC. 1921. AUTHORIZATION OF APPROPRIATIONS; EXIT LANE SECURITY.

        There is authorized to be appropriated to carry out section
    44903(n)(1) of title 49, United States Code, $77,000,000 for each of
    fiscal years 2019 through 2021.
    SEC. 1922. <<NOTE: 49 USC 44901 note.>>  REAL-TIME SECURITY
                              CHECKPOINT WAIT TIMES.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Administrator shall make available to the
    public information on wait times at each airport security checkpoint at
    which security screening operations are conducted or overseen by the
    TSA.
        (b) Requirements.--The information described in subsection (a) shall
    be provided in real time via technology and published--
                (1) online; and
                (2) in physical locations at applicable airport terminals.

        (c) Considerations.--The Administrator shall only make the
    information described in subsection (a) available to the public if it
    can do so in a manner that does not increase public area security risks.
        (d) Definition of Wait Time.--In this section, the term ``wait
    time'' means the period beginning when a passenger enters a queue for a
    screening checkpoint and ending when that passenger exits the
    checkpoint.
    SEC. 1923. GAO REPORT ON DEPLOYMENT OF SCREENING TECHNOLOGIES
                              ACROSS AIRPORTS.

        (a) Study.--The Comptroller General of the United States shall
    conduct a study whether the TSA allocates resources, including advanced
    imaging and computed tomography technologies, appropriately based on
    risk at Category X, I, II, III, and IV airports at which security
    screening operations are conducted or overseen by the TSA.
        (b) Cost Analysis.--As a part of the study conducted under
    subsection (a), the Comptroller General shall analyze the costs
    allocated or incurred by the TSA at Category X, I, II, III, and IV
    airports--
                (1) to purchase and deploy screening equipment and other
            assets, including advanced imaging and computed tomography
            technologies, at Category X, I, II, III, and IV airports;

    [[Page 132 STAT. 3562]]

                (2) to install such equipment, including any related
            variant, and assets in the airport; and
                (3) to maintain such equipment and assets.

        (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General shall submit to the appropriate
    committees of Congress a report on the findings of the study under
    subsection (a).
    SEC. 1924. <<NOTE: 49 USC 44901 note.>>  SCREENING TECHNOLOGY
                              REVIEW AND PERFORMANCE OBJECTIVES.

        (a) Review of Technology Acquisitions Process.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Administrator, in coordination with
            relevant officials of the Department, shall conduct a review of
            existing advanced transportation security screening technology
            testing and evaluation, acquisitions, and procurement practices
            within TSA.
                (2) Contents.--Such review shall include--
                        (A) identifying process delays and obstructions
                    within the Department and the Administration regarding
                    how such technology is identified, tested and evaluated,
                    acquired, and deployed;
                        (B) assessing whether the TSA can better leverage
                    existing resources or processes of the Department for
                    the purposes of technology testing and evaluation;
                        (C) assessing whether the TSA can further encourage
                    innovation and competition among technology
                    stakeholders, including through increased participation
                    of and funding for small business concerns (as such term
                    is described under section 3 of the Small Business Act
                    (15 U.S.C. 632));
                        (D) identifying best practices of other Department
                    components or United States Government entities; and
                        (E) a plan to address any problems or challenges
                    identified by such review.

        (b) Briefing.--The Administrator shall provide to the appropriate
    committees of Congress a briefing on the findings of the review required
    under this section and a plan to address any problems or challenges
    identified by such review.
        (c) Acquisitions and Procurement Enhancement.--Incorporating the
    results of the review in subsection (a), the Administrator shall--
                (1) engage in outreach, coordination, and collaboration with
            transportation stakeholders to identify and foster innovation of
            new advanced transportation security screening technologies;
                (2) streamline the overall technology development, testing,
            evaluation, acquisitions, procurement, and deployment processes
            of the Administration; and
                (3) ensure the effectiveness and efficiency of such
            processes.

        (d) Assessment.--The Secretary, in consultation with the Chief
    Privacy Officer of the Department, shall submit to the appropriate
    committees of Congress a compliance assessment of the TSA acquisition
    process relating to the health and safety risks associated with
    implementation of screening technologies.
        (e) Performance Objectives.--The Administrator shall establish
    performance objectives for the testing and verification of security
    technology, including testing and verification conducted by

    [[Page 132 STAT. 3563]]

    appropriate third parties under section 1911, to ensure that progress is
    made, at a minimum, toward--
                (1) reducing time for each phase of testing while
            maintaining security (including testing for detection testing,
            operational testing, testing and verification framework, and
            field testing);
                (2) eliminating testing and verification delays; and
                (3) increasing accountability.

        (f) Tracking.--
                (1) In general.--In carrying out subsection (e), the
            Administrator shall establish and continually track performance
            metrics for each type of security technology submitted for
            testing and verification, including testing and verification
            conducted by appropriate third parties under section 1911.
                (2) Measuring progress toward goals.--The Administrator
            shall use the metrics established and tracked under paragraph
            (1) to generate data on an ongoing basis and to measure progress
            toward the achievement of the performance objectives established
            under subsection (e).
                (3) Report required.--
                        (A) In general.--Not later than 2 years after the
                    date of enactment of this Act, the Administrator shall
                    submit to the appropriate committees of Congress a
                    report assessing the extent to which the performance
                    objectives established under subsection (e), as measured
                    by the performance metrics established and tracked under
                    paragraph (1) of this subsection, have been met.
                        (B) Elements.--The report required by subparagraph
                    (A) shall include--
                              (i) a list of the performance metrics
                          established under paragraph (1), including the
                          length of time for each phase of testing and
                          verification for each type of security technology;
                          and
                              (ii) a comparison of the progress achieved for
                          testing and verification of security technology
                          conducted by the TSA and the testing and
                          verification of security technology conducted by
                          third parties.
                        (C) Proprietary information.--The report required by
                    subparagraph (A) shall--
                              (i) not include identifying information
                          regarding an individual or entity or equipment;
                          and
                              (ii) protect proprietary information.

        (g) Information Technology Security.--Not later than 90 days after
    the date of enactment of this Act, the Administrator shall submit to the
    appropriate committees of Congress a plan to conduct recurring reviews
    of the operational, technical, and management security controls for
    Administration information technology systems at airports.
    SEC. 1925. <<NOTE: 49 USC 44901 note.>>  COMPUTED TOMOGRAPHY PILOT
                              PROGRAMS.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Administrator shall carry out a pilot program to test
    the use of screening equipment using computed tomography technology to
    screen baggage at passenger screening checkpoints at airports.
        (b) Feasibility Study.--

    [[Page 132 STAT. 3564]]

                (1) In general.--Not later than 120 days after the date of
            enactment of this Act, the Administrator, in coordination with
            the Under Secretary for Science and Technology of the
            Department, shall submit to the appropriate committees of
            Congress a feasibility study regarding expanding the use of
            computed tomography technology for the screening of air cargo
            transported on passenger aircraft operated by an air carrier or
            foreign air carrier in air transportation, interstate air
            transportation, or interstate air commerce.
                (2) Considerations.--In conducting the feasibility study
            under paragraph (1), the Administrator shall consider the
            following:
                        (A) Opportunities to leverage computed tomography
                    systems used for screening passengers and baggage.
                        (B) Costs and benefits of using computed tomography
                    technology for screening air cargo.
                        (C) An analysis of emerging computed tomography
                    systems that may have potential to enhance the screening
                    of air cargo, including systems that may address
                    aperture challenges associated with screening certain
                    categories of air cargo.
                        (D) An analysis of emerging screening technologies,
                    in addition to computed tomography, that may be used to
                    enhance the screening of air cargo.

        (c) Pilot Program.--Not later than 120 days after the date the
    feasibility study is submitted under subsection (b), the Administrator
    shall initiate a 2-year pilot program to achieve enhanced air cargo
    security screening outcomes through the use of new or emerging screening
    technologies, such as computed tomography technology, as identified
    through such study.
        (d) Updates.--Not later than 60 days after the date the pilot
    program under subsection (c) is initiated, and biannually thereafter for
    2 years, the Administrator shall brief the appropriate committees of
    Congress on the progress of implementation of such pilot program.
        (e) Definitions.--In this section:
                (1) Air carrier.--The term ``air carrier'' has the meaning
            given the term in section 40102 of title 49, United States Code.
                (2) Air transportation.--The term ``air transportation'' has
            the meaning given the term in section 40102 of title 49, United
            States Code.
                (3) Foreign air carrier.--The term ``foreign air carrier''
            has the meaning given the term in section 40102 of title 49,
            United States Code.
                (4) Interstate air commerce.--The term ``interstate air
            commerce'' has the meaning given the term in section 40102 of
            title 49, United States Code.
                (5) Interstate air transportation.--The term ``interstate
            air transportation'' has the meaning given the term in section
            40102 of title 49, United States Code.

                        Subtitle C--Public Area Security

    SEC. 1926. <<NOTE: 6 USC 1116 note.>>  DEFINITIONS.

        In this subtitle:

    [[Page 132 STAT. 3565]]

                (1) Behavioral standards.--The term ``behavioral standards''
            means standards for the evaluation of explosives detection
            working canines for certain factors, including canine
            temperament, work drive, suitability for training, environmental
            factors used in evaluations, and canine familiarity with natural
            or man-made surfaces or working conditions relevant to the
            canine's expected work area.
                (2) Medical standards.--The term ``medical standards'' means
            standards for the evaluation of explosives detection working
            canines for certain factors, including canine health, management
            of heredity health conditions, breeding practices, genetics,
            pedigree, and long-term health tracking.
                (3) Technical standards.--The term ``technical standards''
            means standards for the evaluation of explosives detection
            working canines for certain factors, including canine search
            techniques, handler-canine communication, detection testing
            conditions and logistics, and learned explosive odor libraries.
    SEC. 1927. <<NOTE: 6 USC 1116 note.>> EXPLOSIVES DETECTION CANINE
                              CAPACITY BUILDING.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Administrator shall establish a working group to
    determine ways to support decentralized, non-Federal domestic canine
    breeding capacity to produce high quality explosives detection canines
    and modernize canine training standards.
        (b) Working Group Composition.--The working group established under
    subsection (a) shall be comprised of representatives from the following:
                (1) The TSA.
                (2) The Science and Technology Directorate of the
            Department.
                (3) National domestic canine associations with expertise in
            breeding and pedigree.
                (4) Universities with expertise related to explosives
            detection canines and canine breeding.
                (5) Domestic canine breeders and vendors.

        (c) Chairpersons.--The Administrator shall approve of 2 individuals
    from among the representatives of the working group specified in
    subsection (b) to serve as the Chairpersons of the working group as
    follows:
                (1) One Chairperson shall be from an entity specified in
            paragraph (1) or (2) of that subsection.
                (2) One Chairperson shall be from an entity specified in
            paragraph (3), (4), or (5) of that subsection.

        (d) Proposed Standards and Recommendations.--Not later than 180 days
    after the date the working group is established under subsection (a),
    the working group shall submit to the Administrator--
                (1) proposed behavioral standards, medical standards, and
            technical standards for domestic canine breeding and canine
            training described in that subsection; and
                (2) recommendations on how the TSA can engage stakeholders
            to further the development of such domestic non-Federal canine
            breeding capacity and training.

        (e) Strategy.--Not later than 180 days after the date the
    recommendations are submitted under subsection (d), the Administrator
    shall develop and submit to the appropriate committees of Congress a
    strategy for working with non-Federal stakeholders

    [[Page 132 STAT. 3566]]

    to facilitate expanded the domestic canine breeding capacity described
    in subsection (a), based on such recommendations.
        (f) Consultation.--In developing the strategy under subsection (e),
    the Administrator shall consult with the Under Secretary for Science and
    Technology of the Department, the Commissioner for U.S. Customs and
    Border Protection, the Director of the United States Secret Service, and
    the heads of such other Federal departments or agencies as the
    Administrator considers appropriate to incorporate, to the extent
    practicable, mission needs across the Department for an expanded non-
    Federal domestic explosives detection canine breeding capacity that can
    be leveraged to help meet the Department's operational needs.
        (g) Termination.--The working group established under subsection (a)
    shall terminate on the date that the strategy is submitted under
    subsection (e), unless the Administrator extends the termination date
    for the purposes of section 1928.
        (h) Nonapplicability of Federal Advisory Committee Act.--The Federal
    Advisory Committee Act (5 U.S.C. App.) shall not apply to the working
    group established under this Act.
    SEC. 1928. <<NOTE: 6 USC 1116 note.>>  THIRD PARTY DOMESTIC
                              CANINES.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, to enhance the efficiency and efficacy of transportation
    security by increasing the supply of canine teams for use by the TSA and
    transportation stakeholders, the Administrator shall develop and issue
    behavioral standards, medical standards, and technical standards, based
    on the recommendations of the working group under section 1927, that a
    third party explosives detection canine must satisfy to be certified for
    the screening of individuals and property, including detection of
    explosive vapors among individuals and articles of property, in public
    areas of an airport under section 44901 of title 49, United States Code.
        (b) Augmenting Public Area Security.--
                (1) In general.--The Administrator shall develop guidance on
            the coordination of development and deployment of explosives
            detection canine teams for use by transportation stakeholders to
            enhance public area security at transportation hubs, including
            airports.
                (2) Consultation.--In developing the guidance under
            paragraph (1), the Administrator shall consult with--
                        (A) the working group established under section
                    1927;
                        (B) the officials responsible for carrying out
                    section 1941; and
                        (C) such transportation stakeholders, canine
                    providers, law enforcement, privacy groups, and
                    transportation security providers as the Administrator
                    considers relevant.

        (c) Agreement.--Subject to subsections (d), (e), and (f), not later
    than 270 days after the issuance of standards under subsection (a), the
    Administrator shall, to the extent possible, enter into an agreement
    with at least 1 third party to test and certify the capabilities of
    canines in accordance with the standards under subsection (a).
        (d) Expedited Deployment.--In entering into an agreement under
    subsection (c), the Administrator shall use--
                (1) the other transaction authority under section 114(m) of
            title 49, United States Code; or

    [[Page 132 STAT. 3567]]

                (2) such other authority of the Administrator as the
            Administrator considers appropriate to expedite the deployment
            of additional canine teams.

        (e) Process.--Before entering into an agreement under subsection
    (c), the Administrator shall--
                (1) evaluate and verify the third party's ability to
            effectively evaluate the capabilities of canines;
                (2) designate key elements required for appropriate
            evaluation venues where third parties may conduct testing; and
                (3) periodically assess the program at evaluation centers to
            ensure the proficiency of the canines beyond the initial testing
            and certification by the third party.

        (f) Consultation.--To determine best practices for the use of third
    parties to test and certify the capabilities of canines, the
    Administrator shall consult with the following persons before entering
    into an agreement under subsection (c):
                (1) The Secretary of State.
                (2) The Secretary of Defense.
                (3) Non-profit organizations that train, certify, and
            provide the services of canines for various purposes.
                (4) Institutions of higher education with research programs
            related to use of canines for the screening of individuals and
            property, including detection of explosive vapors among
            individuals and articles of property.

        (g) Third Party Explosives Detection Canine Provider List.--
                (1) In general.--Not later than 90 days after the date the
            Administrator enters into an agreement under subsection (c), the
            Administrator shall develop and maintain a list of the names of
            each third party from which the TSA procures explosive detection
            canines, including for each such third party the relevant
            contractual period of performance.
                (2) Distribution.--The Administrator shall make the list
            under paragraph (1) available to appropriate transportation
            stakeholders in such form and manner as the Administrator
            prescribes.

        (h) Oversight.--The Administrator shall establish a process to
    ensure appropriate oversight of the certification program and compliance
    with the standards under subsection (a), including periodic audits of
    participating third parties.
        (i) Authorization.--
                (1) TSA.--The Administrator shall develop and implement a
            process for the TSA to procure third party explosives detection
            canines certified under this section.
                (2) Aviation stakeholders.--
                        (A) In general.--The Administrator shall authorize
                    an aviation stakeholder, under the oversight of and in
                    coordination with the Federal Security Director at an
                    applicable airport, to contract with, procure or
                    purchase, and deploy one or more third party explosives
                    detection canines certified under this section to
                    augment public area security at that airport.
                        (B) Applicable large hub airports.--
                              (i) In general.--Except as provided under
                          subparagraph (ii), notwithstanding any law to the
                          contrary, and subject to the other provisions of
                          this paragraph, an applicable large hub airport
                          may provide

    [[Page 132 STAT. 3568]]

                          a certified canine described in subparagraph (A)
                          on an in-kind basis to the TSA to be deployed as a
                          passenger screening canine at that airport unless
                          the applicable large hub airport consents to the
                          use of that certified canine elsewhere.
                              (ii) Exception.--The Administrator may, on a
                          case-by-case basis, deploy a certified canine
                          described in subparagraph (A) to a transportation
                          facility other than the applicable large hub
                          airport described in clause (i) for not more than
                          90 days per year if the Administrator--
                                        (I) determines that such deployment
                                    is necessary to meet operational or
                                    security needs; and
                                        (II) notifies the applicable large
                                    hub airport described in clause (i).
                              (iii) Nondeployable canines.--Any certified
                          canine provided to the TSA under clause (i) that
                          does not complete training for deployment under
                          that clause shall be the responsibility of the
                          large hub airport unless the TSA agrees to a
                          different outcome.
                        (C) Handlers.--Not later than 30 days before a
                    canine begins training to become a certified canine
                    under subparagraph (B), the airport shall notify the TSA
                    of such training and the Administrator shall assign a
                    TSA canine handler to participate in the training with
                    that canine, as appropriate.
                        (D) Limitation.--The Administrator may not reduce
                    the staffing allocation model for an applicable large
                    hub airport based on that airport's provision of a
                    certified canine under this paragraph.

        (j) Definitions.--In this section:
                (1) Applicable large hub airport.--The term ``applicable
            large hub airport'' means a large hub airport (as defined in
            section 40102 of title 49, United States Code) that has less
            than 100 percent of the allocated passenger screening canine
            teams staffed by the TSA.
                (2) Aviation stakeholder.--The term ``aviation stakeholder''
            includes an airport, airport operator, and air carrier.
    SEC. 1929. <<NOTE: 6 USC 1116 note.>>  TRACKING AND MONITORING OF
                              CANINE TRAINING AND TESTING.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator shall use, to the extent practicable, a digital monitoring
    system for all training, testing, and validation or certification of
    public and private canine assets utilized or funded by the TSA to
    facilitate improved review, data analysis, and record keeping of canine
    testing performance and program administration.
    SEC. 1930. VIPR TEAM STATISTICS.

        (a) <<NOTE: 6 USC 1112 note.>>  VIPR Team Statistics.--
                (1) In general.--Not later than 90 days after the date of
            enactment of this Act, and annually thereafter, the
            Administrator shall notify the appropriate committees of
            Congress of the number of VIPR teams available for deployment at
            transportation facilities, including--
                        (A) the number of VIPR team operations that include
                    explosive detection canine teams; and

    [[Page 132 STAT. 3569]]

                        (B) the distribution of VIPR team operations
                    deployed across different modes of transportation.
                (2) Annex.--The notification under paragraph (1) may contain
            a classified annex.
                (3) Definition of vipr team.--In this subsection, the term
            ``VIPR'' means a Visible Intermodal Prevention and Response team
            authorized under section 1303 of the National Transit Systems
            Security Act of 2007 (6 U.S.C. 1112).

        (b) Authorization of VIPR Teams.--Section 1303(b) of the National
    Transit Systems Security Act of 2007 (6 U.S.C. 1112(b)) is amended by
    striking ``to the extent appropriated, including funds to develop not
    more than 60 VIPR teams, for fiscal years 2016 through 2018'' and
    inserting ``such sums as necessary, including funds to develop at least
    30, but not more than 60, VIPR teams, for fiscal years 2019 through
    2021''.
    SEC. 1931. <<NOTE: 49 USC 114 note.>>  PUBLIC AREA SECURITY
                              WORKING GROUP.

        (a) Definitions.--In this section:
                (1) Public and private stakeholders.--The term ``public and
            private stakeholders'' has the meaning given the term in section
            114(t)(1)(C) of title 49, United States Code.
                (2) Surface transportation asset.--The term ``surface
            transportation asset'' includes--
                        (A) facilities, equipment, or systems used to
                    provide transportation services by--
                              (i) a public transportation agency (as the
                          term is defined in section 1402 of the
                          Implementing Recommendations of the 9/11
                          Commission Act of 2007 (6 U.S.C. 1131));
                              (ii) a railroad carrier (as the term is
                          defined in section 20102 of title 49, United
                          States Code);
                              (iii) an owner or operator of--
                                        (I) an entity offering scheduled,
                                    fixed-route transportation services by
                                    over-the road bus (as the term is
                                    defined in section 1501 of the
                                    Implementing Recommendations of the 9/11
                                    Commission Act of 2007 (6 U.S.C. 1151));
                                    or
                                        (II) a bus terminal; or
                        (B) other transportation facilities, equipment, or
                    systems, as determined by the Secretary.

        (b) Public Area Security Working Group.--
                (1) Working group.--The Administrator, in coordination with
            the National Protection and Programs Directorate, shall
            establish a working group to promote collaborative engagement
            between the TSA and public and private stakeholders to develop
            non-binding recommendations for enhancing security in public
            areas of transportation facilities (including facilities that
            are surface transportation assets), including recommendations
            regarding the following:
                        (A) Information sharing and interoperable
                    communication capabilities among the TSA and public and
                    private stakeholders with respect to terrorist or other
                    threats.
                        (B) Coordinated incident response procedures.
                        (C) The prevention of terrorist attacks and other
                    incidents through strategic planning, security training,
                    exercises and drills, law enforcement patrols, worker
                    vetting, and suspicious activity reporting.

    [[Page 132 STAT. 3570]]

                        (D) Infrastructure protection through effective
                    construction design barriers and installation of
                    advanced surveillance and other security technologies.
                (2) Annual report.--
                        (A) In general.--Not later than 1 year after the
                    date the working group is established under paragraph
                    (1), the Administrator shall submit to the appropriate
                    committee of Congress a report, covering the 12-month
                    period preceding the date of the report, on--
                              (i) the organization of the working group;
                              (ii) the activities of the working group;
                              (iii) the participation of the TSA and public
                          and private stakeholders in the activities of the
                          working group;
                              (iv) the findings of the working group,
                          including any recommendations.
                        (B) Publication.--The Administrator may publish a
                    public version of such report that describes the
                    activities of the working group and such related matters
                    as would be informative to the public, consistent with
                    section 552(b) of title 5, United States Code.
                (3) Nonapplicability of faca.--The Federal Advisory
            Committee Act (5 U.S.C. App.) shall not apply to the working
            group established under subsection (a) or any subcommittee
            thereof.

        (c) Technical Assistance.--
                (1) In general.--The Secretary shall--
                        (A) inform owners and operators of surface
                    transportation assets about the availability of
                    technical assistance, including vulnerability assessment
                    tools and cybersecurity guidelines, to help protect and
                    enhance the resilience of public areas of such assets;
                    and
                        (B) upon request, and subject to the availability of
                    appropriations, provide such technical assistance to
                    owners and operators of surface transportation assets.
                (2) Best practices.--Not later than 1 year after the date of
            enactment of this Act, and periodically thereafter, the
            Secretary shall publish on the Department website and widely
            disseminate, as appropriate, current best practices for
            protecting and enhancing the resilience of public areas of
            transportation facilities (including facilities that are surface
            transportation assets), including associated frameworks or
            templates for implementation.

        (d) Review.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Administrator shall--
                        (A) review of regulations, directives, policies, and
                    procedures issued by the Administrator regarding the
                    transportation of a firearm and ammunition; and
                        (B) submit to the appropriate committees of Congress
                    a report on the findings of the review under
                    subparagraph (A), including, as appropriate, information
                    on any plans to modify any regulation, directive,
                    policy, or procedure based on the review.
                (2) Consultation.--In preparing the report under paragraph
            (1), the Administrator shall consult with--
                        (A) ASAC;

    [[Page 132 STAT. 3571]]

                        (B) the Surface Transportation Security Advisory
                    Committee under section 404 of the Homeland Security Act
                    of 2002; and
                        (C) appropriate public and private stakeholders.
    SEC. 1932. <<NOTE: 49 USC 114 note.>>  PUBLIC AREA BEST PRACTICES.

        (a) In General.--The Administrator shall, in accordance with law and
    as received or developed, periodically submit information, on any best
    practices developed by the TSA or appropriate transportation
    stakeholders related to protecting the public spaces of transportation
    infrastructure from emerging threats, to the following:
                (1) Federal Security Directors at airports.
                (2) Appropriate security directors for other modes of
            transportation.
                (3) Other appropriate transportation security stakeholders.

        (b) Information Sharing.--The Administrator shall, in accordance
    with law--
                (1) in coordination with the Office of the Director of
            National Intelligence and industry partners, implement
            improvements to the Air Domain Intelligence and Analysis Center
            to encourage increased participation from stakeholders and
            enhance government and industry security information sharing on
            transportation security threats, including on cybersecurity
            threat awareness;
                (2) expand and improve the City and Airport Threat
            Assessment or similar program to public and private stakeholders
            to capture, quantify, communicate, and apply applicable
            intelligence to inform transportation infrastructure mitigation
            measures, such as--
                        (A) quantifying levels of risk by airport that can
                    be used to determine risk-based security mitigation
                    measures at each location; and
                        (B) determining random and surge employee inspection
                    operations based on changing levels of risk;
                (3) continue to disseminate Transportation Intelligence
            Notes, tear-lines, and related intelligence products to
            appropriate transportation security stakeholders on a regular
            basis; and
                (4) continue to conduct both regular routine and threat-
            specific classified briefings between the TSA and appropriate
            transportation sector stakeholders on an individual or group
            basis to provide greater information sharing between public and
            private sectors.

        (c) Mass Notification.--The Administrator shall encourage security
    stakeholders to utilize mass notification systems, including the
    Integrated Public Alert Warning System of the Federal Emergency
    Management Agency and social media platforms, to disseminate information
    to transportation community employees, travelers, and the general
    public, as appropriate.
        (d) Public Awareness Programs.--The Secretary, in coordination with
    the Administrator, shall expand public programs of the Department of
    Homeland Security and the TSA that increase security threat awareness,
    education, and training to include transportation network public area
    employees, including airport and transportation vendors, local hotels,
    cab and limousine companies,

    [[Page 132 STAT. 3572]]

    ridesharing companies, cleaning companies, gas station attendants, cargo
    operators, and general aviation members.
    SEC. 1933. AIRPORT WORKER ACCESS CONTROLS COST AND FEASIBILITY
                              STUDY.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator, in consultation with ASAC, shall submit
    to the Comptroller General of the United States and the appropriate
    committees of Congress a study examining the shared cost and feasibility
    to airports, airlines, and the TSA of implementing enhanced employee
    inspection measures at all access points between non-secured areas and
    secured areas at a statistically significant number of Category I, II,
    III, IV, and X airports.
        (b) Assessment.--To the extent practicable, in conducting the study,
    the Administrator shall assess the cost, operational efficiency, and
    security effectiveness of requiring all employees to present for
    inspection at every access point between non-secured areas and secured
    areas of airports, and of deploying some or all of the following
    screening measures and technologies:
                (1) A secure door utilizing card and pin entry or biometric
            technology.
                (2) Surveillance video recording capable of storing video
            data for at least 30 days.
                (3) Advanced screening technologies, including at least 1 of
            the following:
                        (A) Magnetometer (walk-through or hand-held).
                        (B) Explosives detection canines.
                        (C) Explosives trace detection swabbing.
                        (D) Advanced imaging technology.
                        (E) X-ray bag screening technology.
                (4) The TSA's Advanced Threat Local Allocation Strategy
            (commonly known as ``ATLAS'').

        (c) Contents.--To the extent practicable, the study under subsection
    (a) shall include the following:
                (1) Costs associated with establishing an operational
            minimum number of employee entry and exit points.
                (2) A comparison of estimated costs and security
            effectiveness associated with implementing the security features
            specified in paragraphs (1), (2), (3), and (4) of subsection (b)
            based on information on the experiences from those category I,
            II, III, IV, and X airports that have already implemented or
            piloted enhanced employee inspection measures at access points
            between non-secured areas and secured areas of airports.

        (d) GAO Review.--Not later than 90 days after the date of receipt of
    the study under subsection (a), the Comptroller General of the United
    States shall--
                (1) review the study to assess the quality and reliability
            of the study; and
                (2) submit to the appropriate committees of Congress a
            report on the results of the review under paragraph (1).
    SEC. 1934. <<NOTE: 49 USC 44903 note.>>  SECURING AIRPORT WORKER
                              ACCESS POINTS.

        (a) Cooperative Efforts to Enhance Airport Security Awareness.--Not
    later than 180 days after the date of enactment of this Act, the
    Administrator shall consult with air carriers, foreign air carriers,
    airport operators, and labor unions representing credentialed employees
    to enhance security awareness of

    [[Page 132 STAT. 3573]]

    credentialed airport populations regarding insider threats to aviation
    security and best practices related to airport access controls.
        (b) Credentialing Standards.--Not later than 180 days after the date
    of enactment of this Act, the Administrator, in consultation with air
    carriers, foreign air carriers, airport operators, and labor unions
    representing credentialed employees, shall assess credentialing
    standards, policies, and practices, including implementation of relevant
    credentialing updates required under the FAA Extension, Safety, and
    Security Act of 2016 (Public Law 114-190; 130 Stat. 615), to ensure that
    insider threats to aviation security are adequately addressed.
        (c) SIDA Applications.--
                (1) Social security numbers required.--
                        (A) In general.--Not later than 60 days after the
                    date of enactment of this Act, the Administrator shall
                    revise the application submitted by an individual
                    applying for a credential granting access to the Secure
                    Identification Area of an airport to require the social
                    security number of such individual in order to
                    strengthen security vetting effectiveness.
                        (B) Failure to provide number.--An applicant who
                    does not provide such applicant's social security number
                    may be denied such a credential.
                (2) Screening notice.--The Administrator shall issue
            requirements for an airport operator to include in each
            application for access to a Security Identification Display Area
            notification to the applicant that an employee holding a
            credential granting access to a Security Identification Display
            Area may be screened at any time while gaining access to,
            working in, or leaving a Security Identification Display Area.

        (d) Secured and Sterile Areas of Airports.--The Administrator shall
    consult with airport operators and airline operators to identify
    advanced technologies, including biometric identification technologies,
    that could be used for securing employee access to the secured areas and
    sterile areas of airports.
        (e) Rap Back Vetting .--Not later than 180 days after the date of
    enactment of this Act, the Administrator shall identify and submit to
    the appropriate committees of Congress the number of credentialed
    aviation worker populations at airports that are continuously vetted
    through the Federal Bureau of Investigation's Rap Back Service,
    consistent with section 3405(b)(2) of the FAA Extension, Safety, and
    Security Act of 2016 (49 U.S.C. 44901 note).
        (f) Insider Threat Education and Mitigation.--Not later than 180
    days after the date of enactment of this Act, the Administrator shall
    identify means of enhancing the TSA's ability to leverage the resources
    of the Department and the intelligence community (as defined in section
    3 of the National Security Act of 1947 (50 U.S.C. 3003)) to educate
    Administration personnel on insider threats to aviation security and how
    the TSA can better mitigate such insider threats.
        (g) Employee Inspections.--Consistent with the FAA Extension,
    Safety, and Security Act of 2016 (Public Law 114-190; 130 Stat. 615),
    the Administrator shall ensure that TSA-led, random employee physical
    inspection efforts of aviation workers are targeted, strategic, and
    focused on providing the greatest level of security effectiveness.
        (h) Covert Testing.--

    [[Page 132 STAT. 3574]]

                (1) In general.--Consistent with the FAA Extension, Safety,
            and Security Act of 2016 (Public Law 114-190; 130 Stat. 615),
            the Administrator shall continue to conduct covert testing of
            TSA-led employee inspection operations at airports and measure
            existing levels of security effectiveness.
                (2) Requirements.--The Administrator shall provide--
                        (A) the results of such testing to--
                              (i) the airport operator for the airport that
                          is the subject of any such testing; and
                              (ii) as appropriate, to air carriers and
                          foreign air carriers that operate at the airport
                          that is the subject of such testing; and
                        (B) recommendations and technical assistance for air
                    carriers, foreign air carriers, and airport operators to
                    conduct their own employee inspections, as needed.
                (3) Annual reporting.--The Administrator shall for each of
            fiscal years 2019 through 2021, submit to the appropriate
            committees of Congress a report on the frequency, methodology,
            strategy, and effectiveness of employee inspection operations at
            airports.

        (i) Centralized Database.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Administrator, in consultation with
            ASAC, shall--
                        (A) subject to paragraph (2), establish a national,
                    centralized database of the names of each individual
                    who--
                              (i) has had an airport-issued badge revoked
                          for failure to comply with aviation security
                          requirements; or
                              (ii) has had an aircraft operator-issued badge
                          revoked for failure to comply with aviation
                          security requirements;
                        (B) determine the appropriate reporting mechanisms
                    for air carriers, foreign air carriers, and airport
                    operators--
                              (i) to submit to the Administration data
                          regarding an individual described in subparagraph
                          (A); and
                              (ii) to access the database; and
                        (C) establish a process to allow an individual whose
                    name is mistakenly entered into the database to correct
                    the record and have the individual's name expunged from
                    the database.
                (2) Limitation.--The database shall not include the name of
            any individual whose badge has been revoked as a result of a
            termination or cessation of employment unrelated to--
                        (A) a violation of a security requirement; or
                        (B) a determination that the individual poses a
                    threat to aviation security.
    SEC. 1935. <<NOTE: 49 USC 44903 note.>>  LAW ENFORCEMENT OFFICER
                              REIMBURSEMENT PROGRAM.

        (a) In General.--In accordance with section 44903(c)(1) of title 49,
    United States Code, the Administrator shall increase the number of
    awards, and the total funding amount of each award, under the Law
    Enforcement Officer Reimbursement Program--
                (1) to increase the presence of law enforcement officers in
            the public areas of airports, including baggage claim, ticket
            counters, and nearby roads;

    [[Page 132 STAT. 3575]]

                (2) to increase the presence of law enforcement officers at
            screening checkpoints;
                (3) to reduce the response times of law enforcement officers
            during security incidents; and
                (4) to provide visible deterrents to potential terrorists.

        (b) Cooperation by Administrator.--In carrying out subsection (a),
    the Administrator shall use the authority provided to the Administrator
    under section 114(m) of title 49, United States Code, that is the same
    authority as is provided to the Administrator of the Federal Aviation
    Administration under section 106(m) of that title.
        (c) Administrative Burdens.--The Administrator shall review the
    regulations and compliance policies related to the Law Enforcement
    Officer Reimbursement Program and, if necessary, revise such regulations
    and policies to reduce any administrative burdens on applicants or
    recipients of such awards.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out section 44901(h) of title 49, United States
    Code, $55,000,000 for each of fiscal years 2019 through 2021.
    SEC. 1936. <<NOTE: 49 USC 44903 note.>>  AIRPORT PERIMETER AND
                              ACCESS CONTROL SECURITY.

        (a) Risk Assessments of Airport Security.--
                (1) In general.--The Administrator shall--
                        (A) not later than 180 days after the date of
                    enactment of this Act, update the Transportation Sector
                    Security Risk Assessment (referred to in this section as
                    the ``TSSRA''); and
                        (B) not later than 90 days after the date the TSSRA
                    is updated under subparagraph (A)--
                              (i) update with the most currently available
                          intelligence information the Comprehensive Risk
                          Assessment of Perimeter and Access Control
                          Security (referred to in this section as the
                          ``Risk Assessment of Airport Security'');
                              (ii) establish a regular schedule for periodic
                          updates to the Risk Assessment of Airport
                          Security; and
                              (iii) conduct a system-wide assessment of
                          airport access control points and airport
                          perimeter security.
                (2) Contents.--The security risk assessments required under
            paragraph (1)(B) shall--
                        (A) include updates reflected in the TSSRA and Joint
                    Vulnerability Assessment findings;
                        (B) reflect changes to the risk environment relating
                    to airport access control points and airport perimeters;
                        (C) use security event data for specific analysis of
                    system-wide trends related to airport access control
                    points and airport perimeter security to better inform
                    risk management decisions; and
                        (D) consider the unique geography of and current
                    best practices used by airports to mitigate potential
                    vulnerabilities.
                (3) Report.--The Administrator shall report the results of
            the TSSRA and Risk Assessment of Airport Security under
            paragraph (1) to--
                        (A) the appropriate committees of Congress;

    [[Page 132 STAT. 3576]]

                        (B) relevant Federal departments and agencies; and
                        (C) airport operators.

        (b) Airport Security Strategy Development.--
                (1) In general.--Not later than 90 days after the date of
            enactment of this Act, the Administrator shall update the 2012
            National Strategy for Airport Perimeter and Access Control
            Security (referred to in this section as the ``National
            Strategy'').
                (2) Contents.--The update to the National Strategy shall
            include--
                        (A) information from the Risk Assessment of Airport
                    Security; and
                        (B) information on--
                              (i) airport security-related activities;
                              (ii) the status of TSA efforts to address the
                          objectives of the National Strategy;
                              (iii) finalized outcome-based performance
                          measures and performance levels for--
                                        (I) each activity described in
                                    clause (i); and
                                        (II) each objective described in
                                    clause (ii); and
                              (iv) input from airport operators.
                (3) Updates.--Not later than 90 days after the date the
            update to the National Strategy is complete, the Administrator
            shall establish a regular schedule for determining if and when
            additional updates to the strategy under paragraph (1) are
            necessary.

                    Subtitle D--Passenger and Cargo Security

    SEC. 1937. PRECHECK PROGRAM.

        (a) In General.--Section 44919 is amended to read as follows:
    ``Sec. 44919. PreCheck Program

        ``(a) In General.--The Administrator of the Transportation Security
    Administration shall continue to administer the PreCheck Program in
    accordance with section 109(a)(3) of the Aviation and Transportation
    Security Act (49 U.S.C. 114 note).
        ``(b) Expansion.--Not later than 180 days after the date of
    enactment of the TSA Modernization Act, the Administrator shall enter
    into an agreement, using other transaction authority under section
    114(m) of this title, with at least 2 private sector entities to
    increase the methods and capabilities available for the public to enroll
    in the PreCheck Program.
        ``(c) Minimum Capability Requirements.--At least 1 agreement under
    subsection (b) shall include the following capabilities:
                ``(1) Start-to-finish secure online or mobile enrollment
            capability.
                ``(2) Vetting of an applicant by means other than
            biometrics, such as a risk assessment, if--
                        ``(A) such means--
                              ``(i) are evaluated and certified by the
                          Secretary of Homeland Security;
                              ``(ii) meet the definition of a qualified
                          anti-terrorism technology under section 865 of the
                          Homeland Security Act of 2002 (6 U.S.C. 444); and

    [[Page 132 STAT. 3577]]

                              ``(iii) are determined by the Administrator to
                          provide a risk assessment that is as effective as
                          a fingerprint-based criminal history records check
                          conducted through the Federal Bureau of
                          Investigation with respect to identifying
                          individuals who are not qualified to participate
                          in the PreCheck Program due to disqualifying
                          criminal history; and
                        ``(B) with regard to private sector risk
                    assessments, the Secretary has certified that reasonable
                    procedures are in place with regard to the accuracy,
                    relevancy, and proper utilization of information
                    employed in such risk assessments.

        ``(d) Additional Capability Requirements.--At least 1 agreement
    under subsection (b) shall include the following capabilities:
                ``(1) Start-to-finish secure online or mobile enrollment
            capability.
                ``(2) Vetting of an applicant by means of biometrics if the
            collection--
                        ``(A) is comparable with the appropriate and
                    applicable standards developed by the National Institute
                    of Standards and Technology;
                        ``(B) protects privacy and data security, including
                    that any personally identifiable information is
                    collected, retained, used, and shared in a manner
                    consistent with section 552a of title 5, United States
                    Code (commonly known as `Privacy Act of 1974'), and with
                    agency regulations;
                        ``(C) is evaluated and certified by the Secretary of
                    Homeland Security; and
                        ``(D) is determined by the Administrator to provide
                    a risk assessment that is as effective as a fingerprint-
                    based criminal history records check conducted through
                    the Federal Bureau of Investigation with respect to
                    identifying individuals who are not qualified to
                    participate in the PreCheck Program due to disqualifying
                    criminal history.

        ``(e) Target Enrollment.--Subject to subsections (b), (c), and (d),
    the Administrator shall take actions to expand the total number of
    individuals enrolled in the PreCheck Program as follows:
                ``(1) 7,000,000 passengers before October 1, 2019.
                ``(2) 10,000,000 passengers before October 1, 2020.
                ``(3) 15,000,000 passengers before October 1, 2021.

        ``(f) Marketing of PreCheck Program.--Not later than 90 days after
    the date of enactment of the TSA Modernization Act, the Administrator
    shall--
                ``(1) enter into at least 2 agreements, using other
            transaction authority under section 114(m) of this title, to
            market the PreCheck Program; and
                ``(2) implement a long-term strategy for partnering with the
            private sector to encourage enrollment in such program.

        ``(g) Identity Verification Enhancement.--The Administrator shall--
                ``(1) coordinate with the heads of appropriate components of
            the Department to leverage Department-held data and technologies
            to verify the identity and citizenship of individuals enrolling
            in the PreCheck Program;

    [[Page 132 STAT. 3578]]

                ``(2) partner with the private sector to use biometrics and
            authentication standards, such as relevant standards developed
            by the National Institute of Standards and Technology, to
            facilitate enrollment in the program; and
                ``(3) consider leveraging the existing resources and
            abilities of airports to collect fingerprints for use in
            background checks to expedite identity verification.

        ``(h) PreCheck Program Lanes Operation.--The Administrator shall--
                ``(1) ensure that PreCheck Program screening lanes are open
            and available during peak and high-volume travel times at
            appropriate airports to individuals enrolled in the PreCheck
            Program; and
                ``(2) make every practicable effort to provide expedited
            screening at standard screening lanes during times when PreCheck
            Program screening lanes are closed to individuals enrolled in
            the program in order to maintain operational efficiency.

        ``(i) Eligibility of Members of the Armed Forces for Expedited
    Security Screening.--
                ``(1) In general.--Subject to paragraph (3), an individual
            specified in paragraph (2) is eligible for expedited security
            screening under the PreCheck Program.
                ``(2) Individuals specified.--An individual specified in
            this subsection is any of the following:
                        ``(A) A member of the Armed Forces, including a
                    member of a reserve component or the National Guard.
                        ``(B) A cadet or midshipman of the United States
                    Military Academy, the United States Naval Academy, the
                    United States Air Force Academy, or the United States
                    Coast Guard Academy.
                        ``(C) A family member of an individual specified in
                    subparagraph (A) or (B) who is younger than 12 years old
                    and accompanying the individual.
                ``(3) Implementation.--The eligibility of an individual
            specified in paragraph (2) for expedited security screening
            under the PreCheck Program is subject to such policies and
            procedures as the Administrator may prescribe to carry out this
            subsection, in consultation with the Secretary of Defense and,
            with respect to the United States Coast Guard, the Commandant of
            the United States Coast Guard.

        ``(j) Vetting for PreCheck Program Participants.--The Administrator
    shall initiate an assessment to identify any security vulnerabilities in
    the vetting process for the PreCheck Program, including determining
    whether subjecting PreCheck Program participants to recurrent
    fingerprint-based criminal history records checks, in addition to
    recurrent checks against the terrorist watchlist, could be done in a
    cost-effective manner to strengthen the security of the PreCheck
    Program.
        ``(k) Assurance of Separate Program.--In carrying out this section,
    the Administrator shall ensure that the additional private sector
    application capabilities under subsections (b), (c), and (d) are
    undertaken in addition to any other related TSA program, initiative, or
    procurement, including the Universal Enrollment Services program.
        ``(l) Expenditure of Funds.--Any Federal funds expended by the
    Administrator to expand PreCheck Program enrollment shall

    [[Page 132 STAT. 3579]]

    be expended in a manner that includes the requirements of this
    section.''.
        (b) Technical and Conforming Amendments.--
                (1) Repeal.--Subtitle A of title III of the FAA Extension,
            Safety, and Security Act of 2016 (49 U.S.C. 44901 note) and the
            items relating to that subtitle in the table of contents of that
            Act are repealed.
                (2) Table of contents.--The table of contents of chapter 449
            is <<NOTE: 49 USC 44901 prec.>> amended by amending the item
            relating to section 44919 to read as follows:

    ``44919. PreCheck Program.''.

                (3) Screening passengers and property.--Section 44901(a) is
            amended by striking ``44919 or''.
    SEC. 1938. <<NOTE: 49 USC 44919 note.>>  PRECHECK EXPEDITED
                              SCREENING.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Administrator shall ensure that only a
    traveler who is a member of a trusted traveler program specified in
    subsection (b) is permitted to use a TSA PreCheck security screening
    lane at a passenger screening checkpoint.
        (b) Trusted Traveler Programs Specified.--A trusted traveler program
    specified in this subsection is any of the following:
                (1) The PreCheck Program under section 44919 of title 49,
            United States Code.
                (2) Any other program implemented by the TSA under section
            109(a)(3) of the Aviation and Transportation Security Act (49
            U.S.C. 114 note).
                (3) Any other United States Government program that issues a
            unique identifier, such as a known traveler number, that the TSA
            accepts as validating that the individual holding such
            identifier is a member of a known low-risk population.

        (c) Exemptions.--Nothing in this section shall affect--
                (1) the authority of the Administrator, under section 44927
            of title 49, United States Code, to carry out expedited
            screening for members of the Armed Forces with disabilities or
            severe injuries or veterans with disabilities or severe
            injuries; or
                (2) the Honor Flight program under section 44928 of that
            title.

        (d) Low-risk Travelers.--Any traveler who is determined by the
    Administrator to be low risk based on the traveler's age and who is not
    a member of a trusted traveler program specified in subsection (b) shall
    be permitted to utilize TSA PreCheck security screening lanes at
    Transportation Security Administration checkpoints when traveling on the
    same reservation as a member of such a program.
        (e) Risk Modified Screening.--
                (1) Pilot program.--Not later than 60 days after the date of
            enactment of this Act and subject to paragraph (2), the
            Administrator shall commence a pilot program regarding a risk
            modified screening protocol for lanes other than designated TSA
            PreCheck security screening lanes at passenger screening
            checkpoints, in airports of varying categories, to further
            segment passengers based on risk.
                (2) Eligibility.--Only a low-risk passenger shall be
            eligible to participate in the risk modified screening pilot
            program under paragraph (1).

    [[Page 132 STAT. 3580]]

                (3) Definition of low-risk passenger.--In this subsection,
            the term ``low-risk passenger'' means a passenger who--
                        (A) meets a risk-based, intelligence-driven criteria
                    prescribed by the Administrator; or
                        (B) undergoes a canine enhanced screening upon
                    arrival at the passenger screening checkpoint.
                (4) Termination.--The pilot program shall terminate on the
            date that is 120 days after the date it commences under
            paragraph (1).
                (5) Briefing.--Not later than 30 days after the termination
            date under paragraph (4), the Administrator shall brief the
            appropriate committees of Congress on the findings of the pilot
            program, including--
                        (A) information relating to the security
                    effectiveness and passenger facilitation effectiveness
                    of the risk modified screening protocol;
                        (B) a determination regarding whether the risk
                    modified screening protocol was effective; and
                        (C) if the Administrator determined that the
                    protocol was effective, a plan for the deployment of the
                    protocol at as many TSA passenger screening checkpoints
                    as practicable.
                (6) Implementation.--In determining whether deployment of
            the protocol at a TSA passenger screening checkpoint at an
            airport is practicable, the Administrator shall consider--
                        (A) the level of risk at the airport;
                        (B) the available space at the airport;
                        (C) passenger throughput levels at the airport;
                        (D) the checkpoint configuration at the airport; and
                        (E) adequate resources to appropriately serve
                    passengers in TSA PreCheck security screening lanes at
                    the passenger screening checkpoint.

        (f) Working Group.--
                (1) In general.--In carrying out subsection (e), the
            Administrator shall establish a working group to advise the
            Administrator on the development of plans for the deployment of
            the protocol at TSA passenger screening checkpoints, other than
            designated TSA PreCheck security screening lanes, in the most
            effective and efficient manner practicable.
                (2) Members.--The working group shall be comprised of
            representatives of Category X, I, II, III, and IV airports and
            air carriers (as the term is defined in section 40102 of title
            49, United States Code).
                (3) Nonapplicability of faca.--The Federal Advisory
            Committee Act (5 U.S.C. App.) shall not apply to the working
            group established under this subsection.

        (g) Briefings.--
                (1) In general.--The Administrator shall brief, on a
            biannual basis, the appropriate committees of Congress on the
            implementation of subsections (a) until the Administrator
            certifies that only travelers who are members of trusted
            traveler programs specified in subsection (b) are permitted to
            use TSA PreCheck security screening lanes at passenger screening
            checkpoints.
                (2) Certification.--Upon a determination by the
            Administrator that only travelers who are members of a trusted
            traveler program specified in subsection (b) are permitted to
            use TSA

    [[Page 132 STAT. 3581]]

            PreCheck security screening lanes at checkpoints in accordance
            with subsection (a), the Administrator shall submit to the
            appropriate committees of Congress a written certification
            relating to such determination.

        (h) Inspector General Assessments.--The Inspector General of the
    Department shall assess and transmit to the appropriate committees of
    Congress the Administrator's implementation under subsection (a).
        (i) Expansion of TSA PreCheck Program Enrollment.--
                (1) Long-term strategy.--Not later than 180 days after the
            date of enactment of this Act, the Administrator shall develop
            and begin the implementation a long-term strategy to increase
            enrollment in the TSA PreCheck Program.
                (2) Considerations.--In developing the strategy under
            paragraph (1), the Administrator shall consider the following:
                        (A) Partnering with air carriers (as the term is
                    defined in section 40102 of title 49, United States
                    Code) to incorporate PreCheck Program promotion
                    opportunities in the reservation process described in
                    section 1560.101 of title 49, Code of Federal
                    Regulations;
                        (B) Including in the PreCheck Program of an
                    individual who--
                              (i) holds a Secret, Top Secret, or Top Secret/
                          Sensitive Compartmented Information clearance,
                          unless the individual has had the individual's
                          clearance revoked or did not pass a periodic
                          reinvestigation; or
                              (ii) is a current, full-time Federal law
                          enforcement officer.
                        (C) Providing PreCheck Program enrollment
                    flexibility by offering secure mobile enrollment
                    platforms that facilitate in-person identity
                    verification and application data collection, such as
                    through biometrics.
                        (D) Reducing travel time to PreCheck Program
                    enrollment centers for applicants, including--
                              (i) by adjusting the locations and schedules
                          of existing PreCheck Program enrollment centers to
                          accommodate demand;
                              (ii) by seeking to colocate such enrollment
                          centers with existing facilities that support the
                          issuance of--
                                        (I) United States passports; and
                                        (II) Security Identification Display
                                    Area credentials (as the term is defined
                                    in section 1540.5 of title 49, Code of
                                    Federal Regulations) located in public,
                                    non-secure areas of airports if no
                                    systems of an airport operator are used
                                    in support of enrollment activities for
                                    such credentials; and
                              (iii) by increasing the availability of
                          PreCheck Program enrollment platforms, such as
                          kiosks, tablets, or staffed laptop stations.
                        (E) The feasibility of providing financial
                    assistance or other incentives for PreCheck Program
                    enrollment for--
                              (i) children who are at least 12 years or
                          older, but less than 18 years old;
                              (ii) families consisting of 5 or more
                          immediate family members;

    [[Page 132 STAT. 3582]]

                              (iii) private sector entities, including small
                          businesses, to establish PreCheck Program
                          enrollment centers in their respective facilities;
                          and
                              (iv) private sector entities, including small
                          business concerns (as the term is described in
                          section 3 of the Small Business Act (15 U.S.C.
                          632)), to reimburse an employee for the cost of
                          the PreCheck Program application.
    SEC. 1939. TRUSTED TRAVELER PROGRAMS; COLLABORATION.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator, in consultation with the Commissioner of U.S. Customs and
    Border Protection, shall--
                (1) review each trusted traveler program administered by
            U.S. Customs and Border Protection and the PreCheck Program;
                (2) identify any improvements that can be made to such
            programs--
                        (A) to streamline and integrate the requirements and
                    operations of such programs to reduce administrative
                    burdens, including applications for inclusion and
                    determining whether a valid credential can satisfy the
                    requirements for another credential;
                        (B) to increase information and data sharing across
                    such programs; and
                        (C) to allow the public to access and link to the
                    applications for enrollment in all of such programs from
                    1 online portal;
                (3) identify any law, including regulations, policy, or
            procedure that may unnecessarily inhibit collaboration among
            Department of Homeland Security agencies regarding such programs
            or implementation of the improvements identified under paragraph
            (2);
                (4) recommend any legislative, administrative, or other
            actions that can be taken to eliminate any unnecessary barriers
            to collaboration or implementation identified in paragraph (3);
            and
                (5) submit to the appropriate committees of Congress a
            report on the review, including any unnecessary barriers to
            collaboration or implementation identified under paragraph (3),
            and any recommendations under paragraph (4).
    SEC. 1940. PASSENGER SECURITY FEE.

        Section 44940(c) is amended by adding at the end the following:
                ``(3) Offsetting collections.--Beginning on October 1, 2027,
            fees collected under subsection (a)(1) for any fiscal year shall
            be credited as offsetting collections to appropriations made for
            aviation security measures carried out by the Transportation
            Security Administration, to remain available until expended.''.
    SEC. 1941. THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY.

        Section 1307 of the Implementing Recommendations of the 9/11
    Commission Act of 2007 (6 U.S.C. 1116) is amended by adding at the end
    the following:
        ``(h) Third Party Canine Teams for Air Cargo Security.--
                ``(1) In general.--In order to enhance the screening of air
            cargo and ensure that third party explosives detection canine
            assets are leveraged for such purpose, the Administrator

    [[Page 132 STAT. 3583]]

            shall, not later than 180 days after the date of enactment of
            the TSA Modernization Act--
                        ``(A) develop and issue standards for the use of
                    such third party explosives detection canine assets for
                    the primary screening of air cargo;
                        ``(B) develop a process to identify qualified non-
                    Federal entities that will certify canine assets that
                    meet the standards established by the Administrator
                    under subparagraph (A);
                        ``(C) ensure that entities qualified to certify
                    canine assets shall be independent from entities that
                    will train and provide canines to end users of such
                    canine assets;
                        ``(D) establish a system of Transportation Security
                    Administration audits of the process developed under
                    subparagraph (B); and
                        ``(E) provide that canines certified for the primary
                    screening of air cargo can be used by air carriers,
                    foreign air carriers, freight forwarders, and shippers.
                ``(2) Implementation.--Beginning on the date that the
            development of the process under paragraph (1)(B) is complete,
            the Administrator shall--
                        ``(A) facilitate the deployment of such assets that
                    meet the certification standards of the Administration,
                    as determined by the Administrator;
                        ``(B) make such standards available to vendors
                    seeking to train and deploy third party explosives
                    detection canine assets; and
                        ``(C) ensure that all costs for the training and
                    certification of canines, and for the use of supplied
                    canines, are borne by private industry and not the
                    Federal Government.
                ``(3) Definitions.--In this subsection:
                        ``(A) Air carrier.--The term `air carrier' has the
                    meaning given the term in section 40102 of title 49,
                    United States Code.
                        ``(B) Foreign air carrier.--The term `foreign air
                    carrier' has the meaning given the term in section 40102
                    of title 49, United States Code.
                        ``(C) Third party explosives detection canine
                    asset.--The term `third party explosives detection
                    canine asset' means any explosives detection canine or
                    handler not owned or employed, respectively, by the
                    Transportation Security Administration.''.
    SEC. 1942. KNOWN SHIPPER PROGRAM REVIEW.

        The Administrator shall direct the Air Cargo Subcommittee of ASAC--
                (1) to conduct a comprehensive review and security
            assessment of the Known Shipper Program;
                (2) to recommend whether the Known Shipper Program should be
            modified or eliminated considering the full implementation of
            100 percent screening under section 44901(g) of title 49, United
            States Code; and
                (3) to report its findings and recommendations to the
            Administrator.

    [[Page 132 STAT. 3584]]

    SEC. 1943. ESTABLISHMENT OF AIR CARGO SECURITY DIVISION.

        (a) In General.--Subchapter II of chapter 449 is amended by adding
    at the end the following:
    ``Sec. 44947. <<NOTE: 49 USC 44947 note.>>  Air cargo security
                        division

        ``(a) Establishment.--Not later than 90 days after the date of
    enactment of the TSA Modernization Act, the Administrator shall
    establish an air cargo security division to carry out and engage with
    stakeholders regarding the implementation of air cargo security programs
    established by the Administration.
        ``(b) Leadership; Staffing.--The air cargo security division
    established pursuant to subsection (a) shall be headed by an individual
    in the executive service within the TSA and be staffed by not fewer than
    4 full-time equivalents, including the head of the division.
        ``(c) Staffing.--The Administrator of the Transportation Security
    Administration shall staff the air cargo security division with existing
    TSA personnel.''.
        (b) Table of Contents.--The table of contents of chapter
    449 <<NOTE: 49 USC 44901 prec.>>  is amended by inserting after the item
    related to section 44946 the following:

    ``44947. Air cargo security division.''.

    SEC. 1944. AIR CARGO REGULATION REVIEW.

        (a) Review.--Not later than 150 days after the date of enactment of
    this Act, the Administrator shall--
                (1) review the Certified Cargo Screening Program,
            including--
                        (A) consideration of the degree to which the Program
                    is effective at fully addressing evolving threats to air
                    cargo, particularly as air cargo volumes fluctuate; and
                        (B) identification of any vulnerabilities in the
                    Program and effectiveness of information sharing with
                    air cargo security stakeholders; and
                (2) submit to the appropriate committees of Congress a
            report on the findings of the review under paragraph (1),
            including--
                        (A) a description of the actions the Administrator
                    has taken to improve the Program; and
                        (B) a description of the actions the Administrator
                    will take to address the findings of the review under
                    paragraph (1), including any plans to issue new
                    rulemaking, if necessary.
    SEC. 1945. GAO REVIEW.

        Not later than 2 years after the date of enactment of this Act, the
    Comptroller General of the United States shall--
                (1) review the Department's analysis and intelligence pre-
            screening processes and procedures for air cargo entering the
            United States;
                (2) review the pilot program conducted under section 1925;
                (3) assess the effectiveness of the Department's risk-based
            strategy for examining air cargo and ensuring compliance with
            air cargo security law, including regulations; and

    [[Page 132 STAT. 3585]]

                (4) review the Department's information sharing procedures
            and practices for disseminating information to relevant
            stakeholders on preventing, mitigating, and responding to air
            cargo related threats.
    SEC. 1946. SCREENING PARTNERSHIP PROGRAM UPDATES.

        (a) Security Screening Opt-Out Program.--Section 44920 is amended--
                (1) in the heading by striking ``Security screening opt-out
            program'' and inserting ``Screening partnership program'';
                (2) by amending subsection (a) to read as follows:

        ``(a) In General.--An airport operator may submit to the
    Administrator of the Transportation Security Administration an
    application to carry out the screening of passengers and property at the
    airport under section 44901 by personnel of a qualified private
    screening company pursuant to a contract entered into with the
    Transportation Security Administration.'';
                (3) in subsection (b)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) In general.--Not later than 60 days after the date of
            receipt of an application submitted by an airport operator under
            subsection (a), the Administrator shall approve or deny the
            application.''; and
                        (B) in paragraphs (2) and (3), by striking ``Under
                    Secretary'' each place it appears and inserting
                    ``Administrator'';
                (4) in subsection (d)--
                        (A) in the heading, by striking ``Standards''
                    inserting ``Selection of Contracts and Standards'';
                        (B) by redesignating paragraph (2) as paragraph (3);
                        (C) in paragraph (1)--
                              (i) by striking ``The Under Secretary may
                          enter'' and all that follows through ``certifies
                          to Congress that--'' and inserting ``The
                          Administrator shall, upon approval of the
                          application, provide the airport operator with a
                          list of qualified private screening companies.'';
                          and
                              (ii) by inserting before subparagraphs (A) and
                          (B) the following:
                ``(2) Contracts.--The Administrator shall, to the extent
            practicable, enter into a contract with a private screening
            company from the list provided under paragraph (1) for the
            provision of screening at the airport not later than 120 days
            after the date of approval of an application submitted by the
            airport operator under subsection (a) if--''; and
                        (D) in paragraph (2), as redesignated--
                              (i) in subparagraph (A), by striking ``; and''
                          and inserting a semicolon;
                              (ii) in subparagraph (B)--
                                        (I) by striking ``Under Secretary''
                                    and inserting ``Administrator''; and
                                        (II) by striking the period at the
                                    end and inserting ``; and''; and
                              (iii) by adding at the end the following:
                        ``(C) the selected qualified private screening
                    company offered contract price is equal to or less than
                    the cost

    [[Page 132 STAT. 3586]]

                    to the Federal Government to provide screening services
                    at the airport.''; and
                        (E) in paragraph (3), as redesignated--
                              (i) by striking ``paragraph (1)(B)'' and
                          inserting ``paragraph (2)(B)''; and
                              (ii) by striking ``Under Secretary'' each
                          place it appears and inserting ``Administrator'';
                (5) in subsection (e)--
                        (A) in the heading, by striking ``Screened'' and
                    inserting ``Screening'';
                        (B) by striking the period at the end and inserting
                    ``; and'';
                        (C) by striking ``The Under Secretary shall'' and
                    inserting ``The Administrator shall--'';
                        (D) by inserting ``(1)'' before ``provide Federal
                    Government'' and indenting appropriately; and
                        (E) by adding at the end the following:
                ``(2) undertake covert testing and remedial training support
            for employees of private screening companies providing screening
            at airports.'';
                (6) in subsection (f)--
                        (A) in the heading, by inserting ``or Suspension''
                    after ``Termination'';
                        (B) by striking ``terminate'' and inserting
                    ``suspend or terminate, as appropriate,''; and
                        (C) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator''; and
                (7) by striking subsection (h) and inserting the following:

        ``(h) Evaluation of Screening Company Proposals for Award.--
                ``(1) In general.--Except as provided in paragraph (2),
            notwithstanding any other provision of law, including title 48
            of the Code of Federal Regulations and the Federal Advisory
            Committee Act (5 U.S.C. App.), an airport operator that has
            applied and been approved to have security screening services
            carried out by a qualified private screening company under
            contract with the Administrator may nominate to the head of the
            contracting activity an individual to participate in the
            evaluation of proposals for the award of such contract.
                ``(2) Participation on a proposal evaluation committee.--Any
            participation on a proposal evaluation committee under paragraph
            (1) shall be conducted in accordance with chapter 21 of title
            41.

        ``(i) Innovative Screening Approaches and Technologies.--The
    Administrator shall encourage an airport operator to whom screening
    services are provided under this section to recommend to the
    Administrator innovative screening approaches and technologies. Upon
    receipt of any such recommendations, the Administrator shall review and,
    if appropriate, test, conduct a pilot project, and, if appropriate,
    deploy such approaches and technologies.''.
        (b) Feasibility Assessment.--
                (1) In general.--The Administrator, in consultation with
            airport operators and airlines, shall submit to the appropriate
            committees of Congress an assessment of the feasibility of
            modifying the Screening Partnership Program to allow an
            individual airport terminal to participate in the Screening
            Partnership Program.

    [[Page 132 STAT. 3587]]

                (2) Considerations.--In conducting the assessment under
            paragraph (1), the Administrator shall consider--
                        (A) potential benefits and costs, including with
                    respect to the efficacy of security operations, of such
                    an approach;
                        (B) potential impacts on security operations; and
                        (C) potential impacts on recruitment, hiring, and
                    retention.

        (c) <<NOTE: 49 USC 44920 note.>>  Applications Submitted Before the
    Date of Enactment.--Not later than 30 days after the date of enactment
    of this Act, the Administrator shall approve or deny, in accordance with
    section 44920(b) of title 49, United States Code, as amended by this
    Act, each application submitted before the date of enactment of this
    Act, by an airport operator under subsection (a) of that section, that
    is awaiting such a determination.
    SEC. 1947. <<NOTE: 49 USC 44901 note.>>  SCREENING PERFORMANCE
                              ASSESSMENTS.

        Subject to part 1520 of title 49, Code of Federal Regulations, the
    Administrator shall quarterly make available to the airport director of
    an airport--
                (1) an assessment of the screening performance of that
            airport compared to the mean average performance of all airports
            in the equivalent airport category for screening performance
            data; and
                (2) a briefing on the results of performance data reports,
            including--
                        (A) a scorecard of objective metrics developed by
                    the Office of Security Operations to measure screening
                    performance, such as results of annual proficiency
                    reviews and covert testing, at the appropriate level of
                    classification; and
                        (B) other performance data, including--
                              (i) passenger throughput;
                              (ii) wait times; and
                              (iii) employee attrition, absenteeism, injury
                          rates, and any other human capital measures
                          collected by the TSA.
    SEC. 1948. TRANSPORTATION SECURITY TRAINING PROGRAMS.

        (a) In General.--Section 44935 is amended--
                (1) by striking ``(i) Accessibility of Computer-based
            Training Facilities.--'' and inserting ``(k) Accessibility of
            Computer-based Training Facilities.--''; and
                (2) by adding at the end the following:

        ``(l) Initial and Recurring Training.--
                ``(1) In general.--The Administrator shall establish a
            training program for new security screening personnel located at
            the Transportation Security Administration Academy.
                ``(2) Recurring training.--
                        ``(A) In general.--Not later than 180 days after the
                    date of enactment of the TSA Modernization Act, the
                    Administrator shall establish recurring training for
                    security screening personnel regarding updates to
                    screening procedures and technologies, including, in
                    response to weaknesses identified in covert tests at
                    airports--
                              ``(i) methods to identify the verification of
                          false or fraudulent travel documents; and
                              ``(ii) training on emerging threats.

    [[Page 132 STAT. 3588]]

                        ``(B) Contents.--The training under subparagraph (A)
                    shall include--
                              ``(i) internal controls for monitoring and
                          documenting compliance of transportation security
                          officers with such training requirements; and
                              ``(ii) such other matters as identified by the
                          Administrator with regard to such training.''.

        (b) GAO Study.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General of the United States shall--
                (1) examine the effectiveness of the new security screening
            personnel training under section 44935(l) of title 49, United
            States Code; and
                (2) submit to the appropriate committees of Congress a
            report on the findings under paragraph (1), including any
            recommendations.
    SEC. 1949. <<NOTE: 49 USC 44903 note.>>  TRAVELER REDRESS
                              IMPROVEMENT.

        (a) Redress Process.--
                (1) In general.--Not later than 30 days after the date of
            enactment of this Act, the Administrator, using existing
            resources, systems, and processes, shall ensure the availability
            of the Department of Homeland Security Traveler Redress Inquiry
            Program (referred to in this section as ``DHS TRIP'') redress
            process to adjudicate an inquiry for an individual who--
                        (A) is a citizen of the United States or alien
                    lawfully admitted for permanent residence;
                        (B) has filed the inquiry with DHS TRIP after
                    receiving enhanced screening at an airport passenger
                    security checkpoint more than 3 times in any 60-day
                    period; and
                        (C) believes the individual has been wrongly
                    identified as being a threat to aviation security.
                (2) Briefing.--Not later than 180 days after the date of
            enactment of this Act, the Administrator shall brief the
            appropriate committees of Congress on the implementation of the
            redress process required under paragraph (1).

        (b) Privacy Impact Review and Update.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Administrator shall review and update
            the Privacy Impact Assessment for the Secure Flight programs to
            ensure the assessment accurately reflects the operation of such
            programs.
                (2) Public dissemination; form.--The Administrator shall--
                        (A) publish the Secure Flight Privacy Impact
                    Assessment review and update required under paragraph
                    (1) on a publicly-accessible internet webpage of the
                    TSA; and
                        (B) submit the Secure Flight Privacy Impact
                    Assessment review and update to the appropriate
                    committees of Congress.

        (c) Rule Review and Notification Process.--
                (1) Rule review.--Not later than 60 days after the date of
            enactment of this Act, and every 120 days thereafter, the
            Assistant Administrator of the Office of Intelligence and
            Analysis of the TSA, in coordination with the entities specified
            in paragraph (3), shall identify and review the screening rules
            established by the Office of Intelligence and Analysis of TSA.

    [[Page 132 STAT. 3589]]

                (2) Notification process.--Not later than 2 days after the
            date that any change to a rule identified under paragraph (1) is
            made, the Assistant Administrator of the Office of Intelligence
            and Analysis of the TSA shall notify the entities specified in
            paragraph (3) of the change.
                (3) Entities specified.--The entities specified in this
            paragraph are as follows:
                        (A) The Office of Civil Rights and Liberties,
                    Ombudsman, and Traveler Engagement of the TSA.
                        (B) The Office of Civil Rights and Liberties of the
                    Department.
                        (C) The Office of Chief Counsel of the TSA.
                        (D) The Office of General Counsel of the Department.
                        (E) The Privacy Office of the Administration.
                        (F) The Privacy Office of the Department.
                        (G) The Federal Air Marshal Service.
                        (H) The Traveler Redress Inquiry Program of the
                    Department.

        (d) Federal Air Marshal Service Coordination.--
                (1) In general.--The Administrator shall ensure that the
            rules identified in subsection (c) are taken into account for
            Federal Air Marshal mission scheduling.
                (2) Report.--Not later than 180 days after the date of
            enactment of this Act, the Administrator shall submit to the
            appropriate committees of Congress a report on whether, and if
            so how, the rules identified in subsection (c) are incorporated
            in the risk analysis conducted during the Federal Air Marshal
            mission scheduling process.

        (e) GAO Report.--Not later than 1 year after the date of enactment
    of this Act, the Comptroller General of the United States shall--
                (1) study the rules identified under subsection (c)(1),
            including--
                        (A) whether the rules are effective in mitigating
                    potential threats to aviation security; and
                        (B) whether, and if so how, the TSA coordinates with
                    the Department regarding any proposed change to a rule;
                    and
                (2) submit to the appropriate committees of Congress a
            report on the findings under paragraph (1), including any
            recommendations.
    SEC. 1950. <<NOTE: 49 USC 44901 note.>>  IMPROVEMENTS FOR
                              SCREENING OF PASSENGERS WITH
                              DISABILITIES.

        (a) Revised Training.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Administrator, in consultation with
            nationally-recognized veterans and disability organizations,
            shall revise the training requirements for Transportation
            Security Officers related to the screening of passengers with
            disabilities, including passengers with disabilities who
            participate in the PreCheck program.
                (2) Training specifications.--In revising the training
            requirements under paragraph (1), the Administrator shall
            address the proper screening, and any particular sensitivities
            related to the screening, of a passenger with a disability--

    [[Page 132 STAT. 3590]]

                        (A) traveling with a medical device, including an
                    indwelling medical device;
                        (B) traveling with a prosthetic;
                        (C) traveling with a wheelchair, walker, scooter, or
                    other mobility device;
                        (D) traveling with a service animal; or
                        (E) with sensitivities to touch, pressure, sound, or
                    hypersensitivity to stimuli in the environment.
                (3) Training frequency.--The Administrator shall implement
            the revised training under paragraph (1) during initial and
            recurrent training of all Transportation Security Officers.

        (b) Best Practices.--The individual at the TSA responsible for civil
    rights, liberties, and traveler engagement shall--
                (1) record each complaint from a passenger with a disability
            regarding the screening practice of the TSA;
                (2) identify the most frequent concerns raised, or
            accommodations requested, in the complaints;
                (3) determine the best practices for addressing the concerns
            and requests identified in paragraph (2); and
                (4) recommend appropriate training based on such best
            practices.

        (c) Signage.--At each category X airport, the TSA shall place
    signage at each security checkpoint that--
                (1) specifies how to contact the appropriate TSA employee at
            the airport designated to address complaints of screening
            mistreatment based on disability; and
                (2) describes how to receive assistance from that individual
            or other qualified personnel at the security screening
            checkpoint.

        (d) Reports to Congress.--Not later than September 30 of the first
    full fiscal year after the date of enactment of this Act, and each
    fiscal year thereafter, the Administrator shall submit to the
    appropriate committees of Congress a report on the checkpoint
    experiences of passengers with disabilities, including the following:
                (1) The number and most frequent types of disability-related
            complaints received.
                (2) The best practices recommended under subsection (b) to
            address the top areas of concern.
                (3) The estimated wait times for assist requests for
            passengers with disabilities, including disabled passengers who
            participate in the PreCheck program.
    SEC. 1951. <<NOTE: 49 USC 44901 note.>>  AIR CARGO ADVANCE
                              SCREENING PROGRAM.

        (a) In General.--The Commissioner of U.S. Customs and Border
    Protection and the Administrator, consistent with the requirements of
    the Trade Act of 2002 (Public Law 107-210) shall--
                (1) establish an air cargo advance screening program
            (referred to in this section as the ``ACAS Program'') for the
            collection of advance electronic information from air carriers
            and other persons within the supply chain regarding cargo being
            transported to the United States by air;
                (2) under such program, require that such information be
            transmitted by such air carriers and other persons at the
            earliest point practicable prior to loading of such cargo onto
            an aircraft destined to or transiting through the United States;

    [[Page 132 STAT. 3591]]

                (3) establish appropriate communications systems with
            freight forwarders, shippers, and air carriers;
                (4) establish a system that will allow freight forwarders,
            shippers, and air carriers to provide shipment level data for
            air cargo, departing from any location that is inbound to the
            United States; and
                (5) identify opportunities in which the information
            furnished in compliance with the ACAS Program could be used by
            the Administrator.

        (b) Inspection of High-risk Cargo.--Under the ACAS Program, the
    Commissioner of U.S. Customs and Border Protection and the Administrator
    shall ensure that all cargo that has been identified as high-risk is
    inspected--
                (1) prior to the loading of such cargo onto aircraft at the
            last point of departure; or
                (2) at an earlier point in the supply chain, before
            departing for the United States.

        (c) Consultation.--In carrying out the ACAS Program, the
    Commissioner of U.S. Customs and Border Protection and the Administrator
    shall consult with relevant stakeholders, as appropriate, to ensure that
    an operationally feasible and practical approach to--
                (1) the collection of advance information with respect to
            cargo on aircraft departing for the United States is applied;
            and
                (2) the inspection of high-risk cargo recognizes the
            significant differences among air cargo business models and
            modes of transportation.

        (d) Analysis.--The Commissioner of U.S. Customs and Border
    Protection and the Administrator may analyze the information described
    in subsection (a) in the Department of Homeland Security's automated
    targeting system and integrate such information with other intelligence
    to enhance the accuracy of the risk assessment process under the ACAS
    Program.
        (e) No Duplication.--The Commissioner of U.S. Customs and Border
    Protection and the Administrator shall carry out this section in a
    manner that, after the ACAS Program is fully in effect, ensures, to the
    greatest extent practicable, that the ACAS Program does not duplicate
    other Department programs or requirements relating to the submission of
    air cargo data or the inspection of high-risk cargo.
        (f) Consideration of Industry.--In carrying out the ACAS Program,
    the Commissioner of U.S. Customs and Border Protection and the
    Administrator shall--
                (1) consider the content and timeliness of the available
            data may vary among entities in the air cargo industry and among
            countries;
                (2) explore procedures to accommodate the variations
            described in paragraph (1) while maximizing the contribution of
            such data to the risk assessment process under the ACAS Program;
                (3) test the business processes, technologies, and
            operational procedures required to provide advance information
            with respect to cargo on aircraft departing for the United
            States and carry out related inspection of high-risk cargo,
            while ensuring delays and other negative impacts on vital supply
            chains are minimized; and

    [[Page 132 STAT. 3592]]

                (4) consider the cost, benefit, and feasibility before
            establishing any set time period for submission of certain
            elements of the data for air cargo under this section in line
            with the regulatory guidelines specified in Executive Order
            13563 or any successor Executive order or regulation.

        (g) Guidance.--The Commissioner of U.S. Customs and Border
    Protection and the Administrator shall provide guidance for participants
    in the ACAS Program regarding the requirements for participation,
    including requirements for transmitting shipment level data.
        (h) Use of Data.--The Commissioner of U.S. Customs and Border
    Protection and the Administrator shall use the data provided under the
    ACAS Program for targeting shipments for screening and aviation security
    purposes only.
        (i) Final Rule.--Not later than 180 days after the date of enactment
    of this Act, the Commissioner of U.S. Customs and Border Protection, in
    coordination with the Administrator, shall issue a final regulation to
    implement the ACAS Program to include the electronic transmission to
    U.S. Customs and Border Protection of data elements for targeting cargo,
    including appropriate security elements of shipment level data.
        (j) Report.--Not later than 180 days after the date of the
    commencement of the ACAS Program, the Commissioner of U.S. Customs and
    Border Protection and the Administrator shall submit to the appropriate
    committees of Congress a report detailing the operational implementation
    of providing advance information under the ACAS Program and the value of
    such information in targeting cargo.
    SEC. 1952. <<NOTE: Securing General Aviation and Charter Air
                              Carrier Service Act.>>  GENERAL AVIATION
                              AIRPORTS.

        (a) <<NOTE: 49 USC 44903 note.>>  Short Title.--This section may be
    cited as the ``Securing General Aviation and Charter Air Carrier Service
    Act''.

        (b) Advanced Passenger Prescreening System.--Not later than 120 days
    after the date of enactment of this Act, the Administrator shall submit
    to the appropriate committees of Congress a report on the status of the
    deployment of the advanced passenger prescreening system, and access
    thereto for certain aircraft charter operators, as required by section
    44903(j)(2)(E) of title 49, United States Code, including--
                (1) the reasons for the delay in deploying the system; and
                (2) a detailed schedule of actions necessary for the
            deployment of the system.

        (c) Screening Services Other Than in Primary Passenger Terminals.--
                (1) In general.--Subject to the provisions of this
            subsection, the Administrator may provide screening services to
            a charter air carrier in an area other than the primary
            passenger terminal of an applicable airport.
                (2) Requests.--A request for screening services under
            paragraph (1) shall be made at such time, in such form, and in
            such manner as the Administrator may require, except that the
            request shall be made to the Federal Security Director for the
            applicable airport at which the screening services are
            requested.
                (3) Availability.--A Federal Security Director may provide
            requested screening services under this section if the Federal

    [[Page 132 STAT. 3593]]

            Security Director determines such screening services are
            available.
                (4) Agreements.--
                        (A) Limitation.--No screening services may be
                    provided under this section unless a charter air carrier
                    agrees in writing to compensate the TSA for all
                    reasonable costs, including overtime, of providing the
                    screening services.
                        (B) Payments.--Notwithstanding section 3302 of title
                    31, United States Code, payment received under
                    subparagraph (A) shall be credited to the account that
                    was used to cover the cost of providing the screening
                    services. Amounts so credited shall be merged with
                    amounts in that account, and shall be available for the
                    same purposes, and subject to the same conditions and
                    limitations, as other amounts in that account.
                (5) Definitions.--In this subsection:
                        (A) Applicable airport.--The term ``applicable
                    airport'' means an airport that--
                              (i) is not a commercial service airport; and
                              (ii) is receiving screening services for
                          scheduled passenger aircraft.
                        (B) Charter air carrier.--The term ``charter air
                    carrier'' has the meaning given the term in section
                    40102 of title 49, United States Code.
                        (C) Screening services.--The term ``screening
                    services'' means the screening of passengers and
                    property similar to the screening of passengers and
                    property described in section 44901 of title 49, United
                    States Code.

        (d) Report.--Not later than 120 days after the date of enactment of
    this Act, the Administrator, in consultation with the ASAC, shall,
    consistent with the requirements of paragraphs (6) and (7) of section
    44946(b) of title 49, United States Code, submit to the appropriate
    Committees of Congress an implementation plan, including an
    implementation schedule, for any of the following recommendations that
    were adopted by the ASAC and with which the Administrator has concurred
    before the date of the enactment of this Act:
                (1) The recommendation regarding general aviation access to
            Ronald Reagan Washington National Airport, as adopted on
            February 17, 2015.
                (2) The recommendation regarding the vetting of persons
            seeking flight training in the United States, as adopted on July
            28, 2016.
                (3) Any other such recommendations relevant to the security
            of general aviation adopted before the date of the enactment of
            this Act.

        (e) Designated Staffing.--The Administrator may designate 1 or more
    full-time employees of the TSA to liaise with, and respond to issues
    raised by, general aviation stakeholders.
        (f) Security Enhancements.--Not later than 1 year after the date of
    enactment of this Act, the Administrator, in consultation with the ASAC,
    shall submit to the appropriate committees of Congress a report on the
    feasibility of requiring a security threat assessment before an
    individual could obtain training from a private flight school to operate
    an aircraft having a maximum certificated takeoff weight of more than
    12,500 pounds.

    [[Page 132 STAT. 3594]]

                      Subtitle E--Foreign Airport Security

    SEC. 1953. <<NOTE: 49 USC 44907 note.>>  LAST POINT OF DEPARTURE
                              AIRPORTS; SECURITY DIRECTIVES.

        (a) Notice and Consultation.--
                (1) In general.--The Administrator shall, to the maximum
            extent practicable, consult and notify the following
            stakeholders prior to making changes to security standards via
            security directives and emergency amendments for last points of
            departure:
                        (A) Trade association representatives, for affected
                    air carriers and airports, who hold the appropriate
                    security clearances.
                        (B) The head of each relevant Federal department or
                    agency, including the Administrator of the Federal
                    Aviation Administration.
                (2) Transmittal to congress.--Not later than 3 days after
            the date that the Administrator issues a security directive or
            emergency amendment for a last point of departure, the
            Administrator shall transmit to the appropriate committees of
            Congress a description of the extent to which the Administrator
            consulted and notified the stakeholders under paragraph (1).

        (b) GAO Report.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Comptroller General of the United
            States shall review the effectiveness of the TSA process to
            update, consolidate, or revoke security directives, emergency
            amendments, and other policies related to international aviation
            security at last point of departure airports and submit to the
            appropriate committees of Congress and the Administrator a
            report on the findings and recommendations.
                (2) Contents.--In conducting the review under paragraph (1),
            the Comptroller General shall--
                        (A) review current security directives, emergency
                    amendments, and any other policies related to
                    international aviation security at last point of
                    departure airports;
                        (B) review the extent of intra-agency and
                    interagency coordination, stakeholder outreach,
                    coordination, and feedback; and
                        (C) review TSA's process and criteria for, and
                    implementation of, updating or revoking the policies
                    described in subparagraph (A).

        (c) Rescreening.--Subject to section 44901(d)(4)(c) of title 49,
    United States Code, upon discovery of specific threat intelligence, the
    Administrator shall immediately direct TSA personnel to rescreen
    passengers and baggage arriving from an airport outside the United
    States and identify enhanced measures that should be implemented at that
    airport.
        (d) Notification to Congress.--Not later than 1 day after the date
    that the Administrator determines that a foreign air carrier is in
    violation of part 1546 of title 49, Code of Federal Regulations, or any
    other applicable security requirement, the Administrator shall notify
    the appropriate committees of Congress.

    [[Page 132 STAT. 3595]]

        (e) Decisions Not Subject to Judicial Review.--Notwithstanding any
    other provision of law, any decision of the Administrator under
    subsection (a)(1) relating to consultation or notification shall not be
    subject to judicial review.
    SEC. 1954. LAST POINT OF DEPARTURE AIRPORT ASSESSMENT.

        Section 44907(a)(2)(B) is amended by inserting ``, including the
    screening and vetting of airport workers'' before the semicolon.
    SEC. 1955. TRACKING SECURITY SCREENING EQUIPMENT FROM LAST POINT
                              OF DEPARTURE AIRPORTS.

        (a) Donation of Screening Equipment To Protect the United States.--
    Chapter 449 is amended--
                (1) in subchapter I, by adding at the end the following:
    ``Sec. 44929. <<NOTE: 49 USC 44929.>>  Donation of screening
                        equipment to protect the United States

        ``(a) In General.--Subject to subsection (b), the Administrator is
    authorized to donate security screening equipment to a foreign last
    point of departure airport operator if such equipment can be reasonably
    expected to mitigate a specific vulnerability to the security of the
    United States or United States citizens.
        ``(b) Conditions.--Before donating any security screening equipment
    to a foreign last point of departure airport operator the Administrator
    shall--
                ``(1) ensure that the screening equipment has been restored
            to commercially available settings;
                ``(2) ensure that no TSA-specific security standards or
            algorithms exist on the screening equipment; and
                ``(3) verify that the appropriate officials have an adequate
            system--
                        ``(A) to properly maintain and operate the screening
                    equipment; and
                        ``(B) to document and track any removal or disposal
                    of the screening equipment to ensure the screening
                    equipment does not come into the possession of
                    terrorists or otherwise pose a risk to security.

        ``(c) Reports.--Not later than 30 days before any donation of
    security screening equipment under subsection (a), the Administrator
    shall provide to the Committee on Commerce, Science, and Transportation
    and the Committee on Homeland Security and Governmental Affairs of the
    Senate and the Committee on Homeland Security of the House of
    Representatives a detailed written explanation of the following:
                ``(1) The specific vulnerability to the United States or
            United States citizens that will be mitigated by such donation.
                ``(2) An explanation as to why the recipient of such
            donation is unable or unwilling to purchase security screening
            equipment to mitigate such vulnerability.
                ``(3) An evacuation plan for sensitive technologies in case
            of emergency or instability in the country to which such
            donation is being made.
                ``(4) How the Administrator will ensure the security
            screening equipment that is being donated is used and maintained
            over the course of its life by the recipient.
                ``(5) The total dollar value of such donation.
                ``(6) How the appropriate officials will document and track
            any removal or disposal of the screening equipment by the

    [[Page 132 STAT. 3596]]

            recipient to ensure the screening equipment does not come into
            the possession of terrorists or otherwise pose a risk to
            security.''; and
                (2) <<NOTE: 49 USC 44901 prec.>>  in the table of contents,
            by inserting after the item relating to section 44928 the
            following:

    ``44929. Donation of screening equipment to protect the United
               States.''.

        (b) Technical and Conforming Amendments.--Section 3204 of the
    Aviation Security Act of 2016 (49 U.S.C. 44901 note) and the item
    relating to that section in the table of contents of that Act are
    repealed.
        (c) <<NOTE: 49 USC 44901 note.>>  Raising International Standards.--
    Not later than 90 days after the date of enactment of this Act, the
    Administrator shall collaborate with other aviation authorities and the
    United States Ambassador or the Charge d'Affaires to the United States
    Mission to the International Civil Aviation Organization, as applicable,
    to advance a global standard for each international airport to document
    and track the removal and disposal of any security screening equipment
    to ensure the screening equipment does not come into the possession of
    terrorists or otherwise pose a risk to security.
    SEC. 1956. <<NOTE: 49 USC 44901 note.>>  INTERNATIONAL SECURITY
                              STANDARDS.

        (a) Global Aviation Security Review.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Administrator, in coordination with
            the Commissioner of the U.S. Customs and Border Protection, the
            Director of the Office of International Engagement of the
            Department of Homeland Security, and the Secretary of State,
            shall conduct a global aviation security review to improve
            aviation security standards, including standards intended to
            mitigate cybersecurity threats, across the global aviation
            system.
                (2) Best practices.--The global aviation security review
            shall establish best practices regarding the following:
                        (A) Collaborating with foreign partners to improve
                    global aviation security capabilities and standards.
                        (B) Identifying foreign partners that--
                              (i) have not successfully implemented security
                          protocols from the International Civil Aviation
                          Organization or the Department of Homeland
                          Security; and
                              (ii) have not taken steps to implement such
                          security protocols;
                        (C) Improving the development, outreach, and
                    implementation process for security directives or
                    emergency amendments issued to domestic and foreign air
                    carriers.
                        (D) Assessing the cybersecurity risk of security
                    screening equipment.

        (b) Notification.--Not later than 90 days after the date of
    enactment of this Act, the Administrator, in consultation with the
    United States Ambassador to the International Civil Aviation
    Organization, shall notify the Committee on Commerce, Science, and
    Transportation and the Committee on Foreign Relations of the Senate, and
    the Committee on Homeland Security and the Committee on Foreign Affairs
    of the House of Representatives of

    [[Page 132 STAT. 3597]]

    the progress of the review under subsection (a) and any proposed
    international improvements to aviation security.
        (c) ICAO.--Subject to subsection (a), the Administrator and
    Ambassador shall take such action at the International Civil Aviation
    Organization as the Administrator and Ambassador consider necessary to
    advance aviation security improvement proposals, including if
    practicable, introducing a resolution to raise minimum standards for
    aviation security.
        (d) Briefings to Congress.--Beginning not later than 180 days after
    the date of enactment of this Act, and periodically thereafter, the
    Administrator, in consultation with the Ambassador with respect to
    subsection (c), shall brief the Committee on Commerce, Science, and
    Transportation and the Committee on Foreign Relations of the Senate, and
    the Committee on Homeland Security and the Committee on Foreign Affairs
    of the House of Representatives on the implementation of subsections (a)
    and (b).
    SEC. 1957. AVIATION SECURITY IN CUBA.

        (a) Security of Public Charter Operations.--The Administrator of the
    Transportation Security Administration, in coordination with the
    Secretary of Transportation and the Administrator of the Federal
    Aviation Administration, shall--
                (1) direct all public charters operating flights between the
            United States and Cuba to provide updated flight schedules to,
            and maintain such schedules with, the Transportation Security
            Administration; and
                (2) develop and implement a mechanism that corroborates and
            validates flight schedule data to more reliably track the public
            charter operations of air carriers between the United States and
            Cuba.

        (b) Briefing on Security at Airports in Cuba.--The Administrator
    shall provide to Congress (including the Committee on Homeland Security
    of the House of Representatives and the Committee on Commerce, Science,
    and Transportation of the Senate) a confidential briefing on the
    following aspects of security measures at airports in Cuba that have air
    service to the United States:
                (1) Details about the type of equipment used at screening
            checkpoints and an analysis of the capabilities and weaknesses
            of that equipment.
                (2) Information about each such airport's canine screening
            program, if used.
                (3) The frequency of training for screening and security
            personnel.
                (4) Access controls in place to ensure only credentialed
            personnel have access to the secure and sterile areas of such
            airports.
                (5) An assessment of the ability of known or suspected
            terrorists to use Cuba as a gateway to entering the United
            States.
                (6) Security of such airports' perimeters.
                (7) The vetting practices and procedures for airport
            employees.
                (8) Any other information the Administrator considers
            relevant to the security practices, procedures, and equipment in
            place at such airports.

    [[Page 132 STAT. 3598]]

    SEC. 1958. REPORT ON AIRPORTS USED BY MAHAN AIR.

        (a) In General.--Not later than 120 days after the date of enactment
    of this Act, and annually thereafter through 2021, the Secretary of
    Homeland Security, in consultation with the Secretary of Transportation,
    the Secretary of State, the Secretary of the Treasury, and the Director
    of National Intelligence, shall submit to Congress a report that
    includes--
                (1) a list of all airports at which aircraft owned or
            controlled by Mahan Air have landed during the 2 years preceding
            the submission of the report; and
                (2) for each such airport--
                        (A) an assessment of whether aircraft owned or
                    controlled by Mahan Air continue to conduct operations
                    at that airport;
                        (B) an assessment of whether any of the landings of
                    aircraft owned or controlled by Mahan Air were
                    necessitated by an emergency situation;
                        (C) a determination regarding whether additional
                    security measures should be imposed on flights to the
                    United States that originate from that airport; and
                        (D) an explanation of the rationale for that
                    determination.

        (b) Form of Report.--Each report required by subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
        (c) Publication of List.--The list required by subsection (a)(1)
    shall be publicly and prominently posted on the website of the
    Department of Homeland Security on the date on which the report required
    by subsection (a) is submitted to Congress.

                     Subtitle F--Cockpit and Cabin Security

    SEC. 1959. FEDERAL AIR MARSHAL SERVICE UPDATES.

        (a) <<NOTE: 49 USC 44917 note.>>  Standardization.--
                (1) In general.--Not later than 60 days after the date of
            enactment of this Act, the Administrator shall develop a
            standard written agreement that shall be the basis of all
            negotiations and agreements that begin after the date of
            enactment of this Act between the United States and foreign
            governments or partners regarding the presence of Federal air
            marshals on flights to and from the United States, including
            deployment, technical assistance, and information sharing.
                (2) Written agreements.--Except as provided in paragraph
            (3), not later than 180 days after the date of enactment of this
            Act, all agreements between the United States and foreign
            governments or partners regarding the presence of Federal air
            marshals on flights to and from the United States shall be in
            writing and signed by the Administrator or other authorized
            United States Government representative.
                (3) Exception.--The Administrator may schedule Federal air
            marshal service on flights operating to a foreign country with
            which no written agreement is in effect if the Administrator
            determines that--
                        (A) such mission is necessary for aviation security;
                    and
                        (B) the requirements of paragraph (4)(B) are met.

    [[Page 132 STAT. 3599]]

                (4) Notification to congress.--
                        (A) Written agreements.--Not later than 30 days
                    after the date that the Administrator enters into a
                    written agreement under this section, the Administrator
                    shall transmit to the appropriate committees of Congress
                    a copy of the agreement.
                        (B) No written agreements.--The Administrator shall
                    submit to the appropriate committees of Congress--
                              (i) not later than 30 days after the date of
                          enactment of this Act, a list of each foreign
                          government or partner that does not have a written
                          agreement under this section, including an
                          explanation for why no written agreement exists
                          and a justification for the determination that
                          such a mission is necessary for aviation security;
                          and
                              (ii) not later than 30 days after the date
                          that the Administrator makes a determination to
                          schedule Federal air marshal service on flights
                          operating to a foreign country with which no
                          written agreement is in effect under paragraph
                          (3), the name of the applicable foreign government
                          or partner, an explanation for why no written
                          agreement exists, and a justification for the
                          determination that such mission is necessary for
                          aviation security.

        (b) <<NOTE: 49 USC 44917 note.>>  Mission Scheduling Automation.--
    The Administrator shall endeavor to acquire automated capabilities or
    technologies for scheduling Federal air marshal service missions based
    on current risk modeling.

        (c) <<NOTE: 49 USC 44917 note.>>  Improving Federal Air Marshal
    Service Deployments.--
                (1) After-action reports.--The Administrator shall
            strengthen internal controls to ensure that all after-action
            reports on Federal air marshal service special mission coverage
            provided to stakeholders include documentation of supervisory
            review and approval, and mandatory narratives.
                (2) Study.--The Administrator shall contract with an
            independent entity to conduct a validation and verification
            study of the risk analysis and risk-based determinations guiding
            Federal air marshal service deployment, including the use of
            risk-based strategies under subsection (d).
                (3) Cost-benefit analysis.--The Administrator shall conduct
            a cost-benefit analysis regarding mitigation of aviation
            security threats through Federal air marshal service deployment.
                (4) Performance measures.--The Administrator shall improve
            existing performance measures to better determine the
            effectiveness of in-flight operations in addressing the highest
            risks to aviation transportation based on current intelligence.
                (5) Long distance flights.--Section 44917 is amended--
                        (A) by striking subsection (b); and
                        (B) by redesignating subsections (c) through (d) as
                    subsections (b) through (c), respectively.

        (d) Use of Risk-based Strategies.--
                (1) In general.--Section 44917(a) is amended--
                        (A) in paragraph (7), by striking ``and'' after the
                    semicolon at the end;

    [[Page 132 STAT. 3600]]

                        (B) in paragraph (8), by striking the period at the
                    end and inserting a semicolon; and
                        (C) by adding at the end the following:
                ``(9) shall require the Federal Air Marshal Service to
            utilize a risk-based strategy when allocating resources between
            international and domestic flight coverage, including when
            initially setting its annual target numbers of average daily
            international and domestic flights to cover;
                ``(10) shall require the Federal Air Marshal Service to
            utilize a risk-based strategy to support domestic allocation
            decisions;
                ``(11) shall require the Federal Air Marshal Service to
            utilize a risk-based strategy to support international
            allocation decisions; and
                ``(12) shall ensure that the seating arrangements of Federal
            air marshals on aircraft are determined in a manner that is
            risk-based and most capable of responding to current threats to
            aviation security.''.
                (2) Briefing.--Not later than 270 days after the date of
            enactment of this Act, the Administrator shall brief the
            appropriate committees of Congress on the Federal Air Marshal
            Service's compliance with the requirements under paragraphs (9)
            through (12) of section 44917(a) of title 49, United States
            Code, as added by this Act, and the documented methodology used
            by the Federal Air Marshal Service to conduct risk assessments
            in accordance with such paragraphs.
                (3) <<NOTE: 49 USC 44917 note.>>  Implementation deadline.--
            Not later than 180 days after the date of enactment of this Act,
            the Administrator shall begin implementing the requirements
            under paragraphs (9) through (12) of section 44917(a), United
            States Code, as added by this Act.
    SEC. 1960. <<NOTE: 49 USC 44918 note.>>  CREW MEMBER SELF-DEFENSE
                              TRAINING.

        The Administrator, in consultation with the Administrator of the
    Federal Aviation Administration, shall continue to carry out and
    encourage increased participation by air carrier employees in the
    voluntary self-defense training program under section 44918(b) of title
    49, United States Code.
    SEC. 1961. <<NOTE: 49 USC 44921 note.>>  FLIGHT DECK SAFETY AND
                              SECURITY.

        (a) Threat Assessment.--Not later than 90 days after the date of
    enactment of this Act, the Administrator, in consultation with the
    Administrator of the Federal Aviation Administration, shall complete a
    detailed threat assessment to identify any safety or security risks
    associated with unauthorized access to the flight decks on commercial
    aircraft and any appropriate measures that should be taken based on the
    risks.
        (b) RTCA Report.--The Administrator, in coordination with the
    Administrator of the Federal Aviation Administration, shall disseminate
    RTCA Document (DO-329) Aircraft Secondary Barriers and Alternative
    Flight Deck Security Procedure to aviation stakeholders, including air
    carriers and flight crew, to convey effective methods and best practices
    to protect the flight deck.

    [[Page 132 STAT. 3601]]

    SEC. 1962. <<NOTE: 49 USC 44901 note.>>  CARRIAGE OF WEAPONS,
                              EXPLOSIVES, AND INCENDIARIES BY
                              INDIVIDUALS.

        (a) Interpretive Rule.--Subject to subsections (b) and (c), the
    Administrator shall periodically review and amend, as necessary, the
    interpretive rule (68 Fed. Reg. 7444) that provides guidance to the
    public on the types of property considered to be weapons, explosives,
    and incendiaries prohibited under section 1540.111 of title 49, Code of
    Federal Regulations.
        (b) Considerations.--Before determining whether to amend the
    interpretive rule to include or remove an item from the prohibited list,
    the Administrator shall--
                (1) research and evaluate--
                        (A) the impact, if any, the amendment would have on
                    security risks;
                        (B) the impact, if any, the amendment would have on
                    screening operations, including effectiveness and
                    efficiency; and
                        (C) whether the amendment is consistent with
                    international standards and guidance, including of the
                    International Civil Aviation Organization; and
                (2) consult with appropriate aviation security stakeholders,
            including ASAC.

        (c) Exceptions.--Except for plastic or round bladed butter knives,
    the Administrator may not amend the interpretive rule described in
    subsection (a) to authorize any knife to be permitted in an airport
    sterile area or in the cabin of an aircraft.
        (d) Notification.--The Administrator shall--
                (1) publish in the Federal Register any amendment to the
            interpretive rule described in subsection (a); and
                (2) notify the appropriate committees of Congress of the
            amendment not later than 3 days before publication under
            paragraph (1).
    SEC. 1963. FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS.

        (a) Improved Access to Training Facilities.--Section
    44921(c)(2)(C)(ii) is amended--
                (1) by striking ``The training of'' and inserting the
            following:
                                        ``(I) In general.--The training
                                    of'';
                (2) in subclause (I), as designated, by striking ``approved
            by the Under Secretary''; and
                (3) by adding at the end the following:
                                        ``(II) Access to training
                                    facilities.--The Administrator shall
                                    designate additional firearms training
                                    facilities located in various regions of
                                    the United States for Federal flight
                                    deck officers for recurrent and
                                    requalifying training relative to the
                                    number of such facilities available on
                                    the day before such date of
                                    enactment.''.

        (b) Firearms Requalification.--Section 44921(c)(2)(C) is amended--
                (1) in clause (iii)--
                        (A) by striking ``The Under Secretary shall'' and
                    inserting the following:
                                        ``(I) In general.--The Administrator
                                    shall'';

    [[Page 132 STAT. 3602]]

                        (B) in subclause (I), as designated by subparagraph
                    (A), by striking ``the Under Secretary'' and inserting
                    ``the Administrator''; and
                        (C) by adding at the end the following:
                                        ``(II) Use of facilities for
                                    requalification.--The Administrator
                                    shall allow a Federal flight deck
                                    officer to requalify to carry a firearm
                                    under the program through training at a
                                    Transportation Security Administration-
                                    approved firearms training facility
                                    utilizing a Transportation Security
                                    Administration-approved contractor and a
                                    curriculum developed and approved by the
                                    Transportation Security
                                    Administration.''; and
                (2) by adding at the end the following:
                              ``(iv) Periodic review.--The Administrator
                          shall periodically review requalification training
                          intervals and assess whether it is appropriate and
                          sufficient to adjust the time between each
                          requalification training to facilitate continued
                          participation in the program under this section
                          while still maintaining effectiveness of the
                          training, and update the training requirements as
                          appropriate.''.

        (c) Training Review.--Section 44921(c)(2) is amended by adding at
    the end the following:
                        ``(D) Training review.--Not later than 2 years after
                    the date of enactment of the TSA Modernization Act, and
                    biennially thereafter, the Administrator shall review
                    training facilities and training requirements for
                    initial and recurrent training for Federal flight deck
                    officers and evaluate how training requirements,
                    including the length of training, could be streamlined
                    while maintaining the effectiveness of the training, and
                    update the training requirements as appropriate.''.

        (d) Other Measures to Facilitate Training.--Section 44921(e) is
    amended--
                (1) by striking ``Pilots participating'' and inserting the
            following:
                ``(1) In general.--Pilots participating''; and
                (2) by adding at the end the following:
                ``(2) Facilitation of training.--An air carrier shall permit
            a pilot seeking to be deputized as a Federal flight deck officer
            or a Federal flight deck officer to take a reasonable amount of
            leave to participate in initial, recurrent, or requalification
            training, as applicable, for the program. Leave required under
            this paragraph may be provided without compensation.''.

        (e) International Harmonization.--Section 44921(f) is amended--
                (1) in paragraphs (1) and (3), by striking ``Under
            Secretary'' and inserting ``Administrator''; and
                (2) by adding at the end the following:
                ``(4) Consistency with federal air marshal program.--The
            Administrator shall harmonize, to the extent practicable and in
            a manner that does not jeopardize existing Federal air marshal
            agreements, the policies relating to the carriage of firearms on
            international flights by Federal flight deck officers with the
            policies of the Federal air marshal program for carrying
            firearms on such flights and carrying out the duties

    [[Page 132 STAT. 3603]]

            of a Federal flight deck officer, notwithstanding Annex 17 of
            the International Civil Aviation Organization.''.

        (f) Physical Standards.--Section 44921(d)(2) is amended--
                (1) by redesignating subparagraphs (A), (B), and (C) as
            clauses (i), (ii), and (iii), respectively;
                (2) in clause (ii), as redesignated, by striking ``Under
            Secretary's'' and inserting ``Administrator's'';
                (3) by striking ``A pilot is'' and inserting the following:
                        ``(A) In general.--A pilot is''; and
                (4) by adding at the end the following:
                        ``(B) Consistency with requirements for certain
                    medical certificates.--In establishing standards under
                    subparagraph (A)(ii), the Administrator may not
                    establish medical or physical standards for a pilot to
                    become a Federal flight deck officer that are
                    inconsistent with or more stringent than the
                    requirements of the Federal Aviation Administration for
                    the issuance of the required airman medical certificate
                    under part 67 of title 14, Code of Federal Regulations
                    (or any corresponding similar regulation or ruling).''.

        (g) Transfer of Status.--Section 44921(d) is amended by adding at
    the end the following:
                ``(5) Transfer from inactive to active status.--In
            accordance with any applicable Transportation Security
            Administration appeals processes, a pilot deputized as a Federal
            flight deck officer who moves to inactive status may return to
            active status upon successful completion of a recurrent training
            program administered within program guidelines.''.

        (h) Technical Corrections.--Section 44921, as amended by this
    section, is further amended--
                (1) in subsection (a), by striking ``Under Secretary of
            Transportation for Security'' and inserting ``Administrator'';
                (2) in subsection (b)--
                        (A) in paragraph (1), by striking ``Not later than 3
                    months after the date of enactment of this section, the
                    Under Secretary'' and inserting ``The Administrator'';
                        (B) in paragraph (2), by striking ``Beginning 3
                    months after the date of enactment of this section, the
                    Under Secretary shall begin the process of training and
                    deputizing'' and inserting ``The Administrator shall
                    train and deputize''; and
                        (C) in paragraph (3)(N), by striking ``Under
                    Secretary's'' and inserting ``Administrator's'';
                (3) in subsection (d)(4)--
                        (A) by striking ``may,'' and inserting ``may''; and
                        (B) by striking ``Under Secretary's'' and inserting
                    ``Administrator's'';
                (4) in subsection (i)(2), by striking ``the Under Secretary
            may'' and inserting ``may'';
                (5) in subsection (k)--
                        (A) by striking paragraphs (2) and (3); and
                        (B) by striking ``Applicability.--'' and all that
                    follows through ``This section'' and inserting
                    ``Applicability.--This section'';
                (6) by adding at the end the following:

        ``(l) Definitions.--In this section:

    [[Page 132 STAT. 3604]]

                ``(1) Administrator.--The term `Administrator' means the
            Administrator of the Transportation Security Administration.
                ``(2) Air transportation.--The term `air transportation'
            includes all-cargo air transportation.
                ``(3) Firearms training facility.--The term `firearms
            training facility' means a private or government-owned gun range
            approved by the Administrator to provide recurrent or
            requalification training, as applicable, for the program,
            utilizing a Transportation Security Administration-approved
            contractor and a curriculum developed and approved by the
            Transportation Security Administration.
                ``(4) Pilot.--The term `pilot' means an individual who has
            final authority and responsibility for the operation and safety
            of the flight or any other flight deck crew member.''; and
                (7) by striking ``Under Secretary'' each place it appears
            and inserting ``Administrator''.

        (i) <<NOTE: 49 USC 44921 note.>> Sensitive Security Information.--
    Not later than 180 days after the date of enactment of this Act--
                (1) the Secretary of Transportation shall revise section
            15.5(b)(11) of title 49, Code of Federal Regulations, to
            classify information about pilots deputized as Federal flight
            deck officers under section 44921 of title 49, United States
            Code, as sensitive security information in a manner consistent
            with the classification of information about Federal air
            marshals; and
                (2) the Administrator shall revise section 1520.5(b)(11) of
            title 49, Code of Federal Regulations, to classify information
            about pilots deputized as Federal flight deck officers under
            section 44921 of title 49, United States Code, as sensitive
            security information in a manner consistent with the
            classification of information about Federal air marshals.

        (j) <<NOTE: 49 USC 44921 note.>>  Regulations.--Not later than 180
    days after the date of enactment of this Act, the Administrator shall
    prescribe such regulations as may be necessary to carry out this section
    and the amendments made by this section.

                   Subtitle G--Surface Transportation Security

    SEC. 1964. <<NOTE: 49 USC 114 note.>>  SURFACE TRANSPORTATION
                              SECURITY ASSESSMENT AND IMPLEMENTATION
                              OF RISK-BASED STRATEGY.

        (a) Security Assessment.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Administrator shall complete an
            assessment of the vulnerabilities of and risks to surface
            transportation systems.
                (2) Considerations.--In conducting the security assessment
            under paragraph (1), the Administrator shall, at a minimum--
                        (A) consider appropriate intelligence;
                        (B) consider security breaches and attacks at
                    domestic and international surface transportation
                    facilities;
                        (C) consider the vulnerabilities and risks
                    associated with specific modes of surface
                    transportation;
                        (D) evaluate the vetting and security training of--
                              (i) employees in surface transportation; and

    [[Page 132 STAT. 3605]]

                              (ii) other individuals with access to
                          sensitive or secure areas of surface
                          transportation networks; and
                        (E) consider input from--
                              (i) representatives of different modes of
                          surface transportation;
                              (ii) representatives of critical
                          infrastructure entities;
                              (iii) the Transportation Systems Sector
                          Coordinating Council; and
                              (iv) the heads of other relevant Federal
                          departments or agencies.

        (b) Risk-based Surface Transportation Security Strategy.--
                (1) In general.--Not later than 180 days after the date the
            security assessment under subsection (a) is complete, the
            Administrator shall use the results of the assessment--
                        (A) to develop and implement a cross-cutting, risk-
                    based surface transportation security strategy that
                    includes--
                              (i) all surface transportation modes;
                              (ii) a mitigating strategy that aligns with
                          each vulnerability and risk identified in
                          subsection (a);
                              (iii) a planning process to inform resource
                          allocation;
                              (iv) priorities, milestones, and performance
                          metrics to measure the effectiveness of the risk-
                          based surface transportation security strategy;
                          and
                              (v) processes for sharing relevant and timely
                          intelligence threat information with appropriate
                          stakeholders;
                        (B) to develop a management oversight strategy
                    that--
                              (i) identifies the parties responsible for the
                          implementation, management, and oversight of the
                          risk-based surface transportation security
                          strategy; and
                              (ii) includes a plan for implementing the
                          risk-based surface transportation security
                          strategy; and
                        (C) to modify the risk-based budget and resource
                    allocations, in accordance with section 1965(c), for the
                    Transportation Security Administration.
                (2) Coordinated approach.--In developing and implementing
            the risk-based surface transportation security strategy under
            paragraph (1), the Administrator shall coordinate with the heads
            of other relevant Federal departments or agencies, and
            stakeholders, as appropriate--
                        (A) to evaluate existing surface transportation
                    security programs, policies, and initiatives, including
                    the explosives detection canine teams, for consistency
                    with the risk-based security strategy and, to the extent
                    practicable, avoid any unnecessary duplication of
                    effort;
                        (B) to determine the extent to which stakeholder
                    security programs, policies, and initiatives address the
                    vulnerabilities and risks to surface transportation
                    systems identified in subsection (a); and
                        (C) subject to subparagraph (B), to mitigate each
                    vulnerability and risk to surface transportation systems
                    identified in subsection (a).

        (c) Report.--

    [[Page 132 STAT. 3606]]

                (1) In general.--Not later than 180 days after the date the
            security assessment under subsection (a) is complete, the
            Administrator shall submit to the appropriate committees of
            Congress and the Inspector General of the Department a report
            that--
                        (A) describes the process used to complete the
                    security assessment;
                        (B) describes the process used to develop the risk-
                    based security strategy;
                        (C) describes the risk-based security strategy;
                        (D) includes the management oversight strategy;
                        (E) includes--
                              (i) the findings of the security assessment;
                              (ii) a description of the actions recommended
                          or taken by the Administrator to mitigate the
                          vulnerabilities and risks identified in subsection
                          (a), including interagency coordination;
                              (iii) any recommendations for improving the
                          coordinated approach to mitigating vulnerabilities
                          and risks to surface transportation systems; and
                              (iv) any recommended changes to the National
                          Infrastructure Protection Plan, the modal annexes
                          to such plan, or relevant surface transportation
                          security programs, policies, or initiatives; and
                        (F) may contain a classified annex.
                (2) Protections.--In preparing the report, the Administrator
            shall take appropriate actions to safeguard information
            described by section 552(b) of title 5, United States Code, or
            protected from disclosure by any other law of the United States.

        (d) Updates.--Not less frequently than semiannually, the
    Administrator shall report to or brief the appropriate committees of
    Congress on the vulnerabilities of and risks to surface transportation
    systems and how those vulnerabilities and risks affect the risk-based
    security strategy.
    SEC. 1965. <<NOTE: 49 USC 114 note.>>  RISK-BASED BUDGETING AND
                              RESOURCE ALLOCATION.

        (a) Report.--In conjunction with the submission of the Department's
    annual budget request to the Office of Management and Budget, the
    Administrator shall submit to the appropriate committees of Congress a
    report that describes a risk-based budget and resource allocation plan
    for surface transportation sectors, within and across modes, that--
                (1) reflects the risk-based surface transportation security
            strategy under section 1964(b); and
                (2) is organized by appropriations account, program,
            project, and initiative.

        (b) Budget Transparency.--In submitting the annual budget of the
    United States Government under section 1105 of title 31, United States
    Code, the President shall clearly distinguish the resources requested
    for surface transportation security from the resources requested for
    aviation security.
        (c) Resource Reallocation.--
                (1) In general.--Not later than 15 days after the date on
            which the Transportation Security Administration allocates any
            resources or personnel, including personnel sharing, detailing,
            or assignment, or the use of facilities, technology systems, or
            vetting resources, for a nontransportation security

    [[Page 132 STAT. 3607]]

            purpose or National Special Security Event (as defined in
            section 2001 of Homeland Security Act of 2002 (6 U.S.C. 601)),
            the Secretary shall provide the notification described in
            paragraph (2) to the appropriate committees of Congress.
                (2) Notification.--A notification described in this
            paragraph shall include--
                        (A) the reason for and a justification of the
                    resource or personnel allocation;
                        (B) the expected end date of the resource or
                    personnel allocation; and
                        (C) the projected cost to the Transportation
                    Security Administration of the personnel or resource
                    allocation.

        (d) 5-year Capital Investment Plan.--Not later than 180 days after
    the date of enactment of this Act, the Administrator shall submit to the
    Committee on Commerce, Science, and Transportation of the Senate and the
    Committee on Homeland Security of the House of Representatives a 5-year
    capital investment plan, consistent with the 5-year technology
    investment plan under section 1611 of title XVI of the Homeland Security
    Act of 2002, as amended by section 3 of the Transportation Security
    Acquisition Reform Act (Public Law 113-245; 128 Stat. 2871).
    SEC. 1966. SURFACE TRANSPORTATION SECURITY MANAGEMENT AND
                              INTERAGENCY COORDINATION REVIEW.

        Not later than 1 year after the date of enactment of this Act, the
    Comptroller General of the United States shall--
                (1) review the staffing, budget, resource, and personnel
            allocation, and management oversight strategy of the
            Transportation Security Administration's surface transportation
            security programs;
                (2) review the coordination between relevant entities of
            leadership, planning, policy, inspections, and implementation of
            security programs relating to surface transportation to reduce
            redundancy and regulatory burden; and
                (3) submit to the appropriate committees of Congress a
            report on the findings of the reviews under paragraphs (1) and
            (2), including any recommendations for improving coordination
            between relevant entities and reducing redundancy and regulatory
            burden.
    SEC. 1967. <<NOTE: 49 USC 114 note.>>  TRANSPARENCY.

        (a) Regulations.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, and every 180 days thereafter, the
            Administrator shall publish on a public website information
            regarding the status of each regulation relating to surface
            transportation security that is directed by law to be issued and
            that has not been issued if not less than 2 years have passed
            since the date of enactment of the law.
                (2) Contents.--The information published under paragraph (1)
            shall include--
                        (A) an updated rulemaking schedule for the
                    outstanding regulation;
                        (B) current staff allocations;
                        (C) data collection or research relating to the
                    development of the rulemaking;
                        (D) current efforts, if any, with security experts,
                    advisory committees, and other stakeholders; and

    [[Page 132 STAT. 3608]]

                        (E) other relevant details associated with the
                    development of the rulemaking that impact the progress
                    of the rulemaking.

        (b) Inspector General Review.--Not later than 180 days after the
    date of enactment of this Act, and every 2 years thereafter until all of
    the requirements under titles XIII, XIV, and XV of the Implementing
    Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et
    seq.) and under this title have been fully implemented, the Inspector
    General of the Department shall submit to the appropriate committees of
    Congress a report that--
                (1) identifies the requirements under such titles of that
            Act and under this title that have not been fully implemented;
                (2) describes what, if any, additional action is necessary;
            and
                (3) includes recommendations regarding whether any of the
            requirements under such titles of that Act or this title should
            be amended or repealed.
    SEC. 1968. <<NOTE: 49 USC 114 note.>>  TSA COUNTERTERRORISM ASSET
                              DEPLOYMENT.

        (a) Counterterrorism Asset Deployment.--
                (1) In general.--If the Administrator deploys any
            counterterrorism personnel or resource, such as explosive
            detection sweeps, random bag inspections, or patrols by Visible
            Intermodal Prevention and Response teams, to enhance security at
            a transportation system or transportation facility for a period
            of not less than 180 consecutive days, the Administrator shall
            provide sufficient notification to the system or facility
            operator, as applicable, not less than 14 days prior to
            terminating the deployment.
                (2) Exception.--This subsection shall not apply if the
            Administrator--
                        (A) determines there is an urgent security need for
                    the personnel or resource described in paragraph (1);
                    and
                        (B) notifies the appropriate committees of Congress
                    of the determination under subparagraph (A).

        (b) VIPR Teams.--Section 1303 of the Implementing Recommendations of
    the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is amended--
                (1) in subsection (a)(4), by striking ``team,'' and
            inserting ``team as to specific locations and times within the
            facilities of such entities at which VIPR teams are to be
            deployed to maximize the effectiveness of such deployment,'';
            and
                (2) by striking subsection (b) and inserting the following:

        ``(b) Performance Measures.--Not later than 1 year after the date of
    enactment of the TSA Modernization Act, the Administrator shall develop
    and implement a system of qualitative performance measures and
    objectives by which to assess the roles, activities, and effectiveness
    of VIPR team operations on an ongoing basis, including a mechanism
    through which the transportation entities referred to in subsection
    (a)(4) may submit feedback on VIPR team operations involving their
    systems or facilities.
        ``(c) Plan.--Not later than 1 year after the date of the enactment
    of the TSA Modernization Act, the Administrator shall develop and
    implement a plan for ensuring the interoperability of communications
    among VIPR team participants and between VIPR teams and any
    transportation entities with systems or facilities that are involved in
    VIPR team operations. Such plan shall include an

    [[Page 132 STAT. 3609]]

    analysis of the costs and resources required to carry out such plan.''.
    SEC. 1969. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.

        (a) In General.--Subtitle A of title IV of the Homeland Security Act
    of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the
    following:
    ``SEC. 404. <<NOTE: 6 USC 204 note.>>  SURFACE TRANSPORTATION
                            SECURITY ADVISORY COMMITTEE.

        ``(a) Establishment.--The Administrator of the Transportation
    Security Administration (referred to in this section as `Administrator')
    shall establish within the Transportation Security Administration the
    Surface Transportation Security Advisory Committee (referred to in this
    section as the `Advisory Committee').
        ``(b) Duties.--
                ``(1) In general.--The Advisory Committee may advise,
            consult with, report to, and make recommendations to the
            Administrator on surface transportation security matters,
            including the development, refinement, and implementation of
            policies, programs, initiatives, rulemakings, and security
            directives pertaining to surface transportation security.
                ``(2) Risk-based security.--The Advisory Committee shall
            consider risk-based security approaches in the performance of
            its duties.

        ``(c) Membership.--
                ``(1) Composition.--The Advisory Committee shall be composed
            of--
                        ``(A) voting members appointed by the Administrator
                    under paragraph (2); and
                        ``(B) nonvoting members, serving in an advisory
                    capacity, who shall be designated by--
                              ``(i) the Transportation Security
                          Administration;
                              ``(ii) the Department of Transportation;
                              ``(iii) the Coast Guard; and
                              ``(iv) such other Federal department or agency
                          as the Administrator considers appropriate.
                ``(2) Appointment.--The Administrator shall appoint voting
            members from among stakeholders representing each mode of
            surface transportation, such as passenger rail, freight rail,
            mass transit, pipelines, highways, over-the-road bus, school bus
            industry, and trucking, including representatives from--
                        ``(A) associations representing such modes of
                    surface transportation;
                        ``(B) labor organizations representing such modes of
                    surface transportation;
                        ``(C) groups representing the users of such modes of
                    surface transportation, including asset manufacturers,
                    as appropriate;
                        ``(D) relevant law enforcement, first responders,
                    and security experts; and
                        ``(E) such other groups as the Administrator
                    considers appropriate.
                ``(3) Chairperson.--The Advisory Committee shall select a
            chairperson from among its voting members.
                ``(4) Term of office.--
                        ``(A) Terms.--

    [[Page 132 STAT. 3610]]

                              ``(i) In general.--The term of each voting
                          member of the Advisory Committee shall be 2 years,
                          but a voting member may continue to serve until
                          the Administrator appoints a successor.
                              ``(ii) Reappointment.--A voting member of the
                          Advisory Committee may be reappointed.
                        ``(B) Removal.--
                              ``(i) In general.--The Administrator may
                          review the participation of a member of the
                          Advisory Committee and remove such member for
                          cause at any time.
                              ``(ii) Access to information.--The
                          Administrator may remove any member of the
                          Advisory Committee that the Administrator
                          determines should be restricted from reviewing,
                          discussing, or possessing classified information
                          or sensitive security information.
                ``(5) Prohibition on compensation.--The members of the
            Advisory Committee shall not receive any compensation from the
            Government by reason of their service on the Advisory Committee.
                ``(6) Meetings.--
                        ``(A) In general.--The Administrator shall require
                    the Advisory Committee to meet at least semiannually in
                    person or through web conferencing and may convene
                    additional meetings as necessary.
                        ``(B) Public meetings.--At least 1 of the meetings
                    of the Advisory Committee each year shall be--
                              ``(i) announced in the Federal Register;
                              ``(ii) announced on a public website; and
                              ``(iii) open to the public.
                        ``(C) Attendance.--The Advisory Committee shall
                    maintain a record of the persons present at each
                    meeting.
                        ``(D) Minutes.--
                              ``(i) In general.--Unless otherwise prohibited
                          by other Federal law, minutes of the meetings
                          shall be published on the public website under
                          subsection (e)(5).
                              ``(ii) Protection of classified and sensitive
                          information.--The Advisory Committee may redact or
                          summarize, as necessary, minutes of the meetings
                          to protect classified or other sensitive
                          information in accordance with law.
                ``(7) Voting member access to classified and sensitive
            security information.--
                        ``(A) Determinations.--Not later than 60 days after
                    the date on which a voting member is appointed to the
                    Advisory Committee and before that voting member may be
                    granted any access to classified information or
                    sensitive security information, the Administrator shall
                    determine if the voting member should be restricted from
                    reviewing, discussing, or possessing classified
                    information or sensitive security information.
                        ``(B) Access.--
                              ``(i) Sensitive security information.--If a
                          voting member is not restricted from reviewing,
                          discussing, or possessing sensitive security
                          information under subparagraph (A) and voluntarily
                          signs a nondisclosure agreement, the voting member
                          may be granted access to sensitive security
                          information that is relevant to

    [[Page 132 STAT. 3611]]

                          the voting member's service on the Advisory
                          Committee.
                              ``(ii) Classified information.--Access to
                          classified materials shall be managed in
                          accordance with Executive Order 13526 of December
                          29, 2009 (75 Fed. Reg. 707), or any subsequent
                          corresponding Executive order.
                        ``(C) Protections.--
                              ``(i) Sensitive security information.--Voting
                          members shall protect sensitive security
                          information in accordance with part 1520 of title
                          49, Code of Federal Regulations.
                              ``(ii) Classified information.--Voting members
                          shall protect classified information in accordance
                          with the applicable requirements for the
                          particular level of classification.
                ``(8) Joint committee meetings.--The Advisory Committee may
            meet with 1 or more of the following advisory committees to
            discuss multimodal security issues and other security-related
            issues of common concern:
                        ``(A) Aviation Security Advisory Committee
                    established under section 44946 of title 49, United
                    States Code.
                        ``(B) Maritime Security Advisory Committee
                    established under section 70112 of title 46, United
                    States Code.
                        ``(C) Railroad Safety Advisory Committee established
                    by the Federal Railroad Administration.
                ``(9) Subject matter experts.--The Advisory Committee may
            request the assistance of subject matter experts with expertise
            related to the jurisdiction of the Advisory Committee.

        ``(d) Reports.--
                ``(1) Periodic reports.--The Advisory Committee shall
            periodically submit reports to the Administrator on matters
            requested by the Administrator or by a majority of the members
            of the Advisory Committee.
                ``(2) Annual report.--
                        ``(A) Submission.--The Advisory Committee shall
                    submit to the Administrator and the appropriate
                    congressional committees an annual report that provides
                    information on the activities, findings, and
                    recommendations of the Advisory Committee during the
                    preceding year.
                        ``(B) Publication.--Not later than 6 months after
                    the date that the Administrator receives an annual
                    report under subparagraph (A), the Administrator shall
                    publish a public version of the report, in accordance
                    with section 552a(b) of title 5, United States Code.

        ``(e) Administration Response.--
                ``(1) Consideration.--The Administrator shall consider the
            information, advice, and recommendations of the Advisory
            Committee in formulating policies, programs, initiatives,
            rulemakings, and security directives pertaining to surface
            transportation security.
                ``(2) Feedback.--Not later than 90 days after the date that
            the Administrator receives a recommendation from the Advisory
            Committee under subsection (d)(2), the Administrator shall
            submit to the Advisory Committee written feedback on the
            recommendation, including--
                        ``(A) if the Administrator agrees with the
                    recommendation, a plan describing the actions that the
                    Administrator

    [[Page 132 STAT. 3612]]

                    has taken, will take, or recommends that the head of
                    another Federal department or agency take to implement
                    the recommendation; or
                        ``(B) if the Administrator disagrees with the
                    recommendation, a justification for that determination.
                ``(3) Notices.--Not later than 30 days after the date the
            Administrator submits feedback under paragraph (2), the
            Administrator shall--
                        ``(A) notify the appropriate congressional
                    committees of the feedback, including the determination
                    under subparagraph (A) or subparagraph (B) of that
                    paragraph, as applicable; and
                        ``(B) provide the appropriate congressional
                    committees with a briefing upon request.
                ``(4) Updates.--Not later than 90 days after the date the
            Administrator receives a recommendation from the Advisory
            Committee under subsection (d)(2) that the Administrator agrees
            with, and quarterly thereafter until the recommendation is fully
            implemented, the Administrator shall submit a report to the
            appropriate congressional committees or post on the public
            website under paragraph (5) an update on the status of the
            recommendation.
                ``(5) Website.--The Administrator shall maintain a public
            website that--
                        ``(A) lists the members of the Advisory Committee;
                    and
                        ``(B) provides the contact information for the
                    Advisory Committee.

        ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
    (5 U.S.C. App.) shall not apply to the Advisory Committee or any
    subcommittee established under this section.''.
        (b) <<NOTE: 6 USC 204 note.>>  Advisory Committee Members.--
                (1) Voting members.--Not later than 180 days after the date
            of enactment of this Act, the Administrator shall appoint the
            voting members of the Surface Transportation Security Advisory
            Committee established under section 404 of the Homeland Security
            Act of 2002, as added by subsection (a) of this section.
                (2) Nonvoting members.--Not later than 90 days after the
            date of enactment of this Act, each Federal Government
            department and agency with regulatory authority over a mode of
            surface or maritime transportation, as the Administrator
            considers appropriate, shall designate an appropriate
            representative to serve as a nonvoting member of the Surface
            Transportation Security Advisory Committee.

        (c) Table of Contents.--The table of contents in section 1(b) of the
    Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
    amended by inserting after the item relating to section 403 the
    following:

    ``Sec. 404. Surface Transportation Security Advisory Committee.''.

    SEC. 1970. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM PROGRAM.

        (a) In General.--Not later than 90 days after the date that the
    Inspector General of the Department receives the report under section
    1964(c), the Inspector General of the Department shall--

    [[Page 132 STAT. 3613]]

                (1) review the explosives detection canine team program,
            including--
                        (A) the development by the Transportation Security
                    Administration of a deployment strategy for explosives
                    detection canine teams;
                        (B) the national explosives detection canine team
                    training program, including canine training, handler
                    training, refresher training, and updates to such
                    training;
                        (C) the use of the canine assets during an urgent
                    security need, including the reallocation of such
                    program resources outside the transportation systems
                    sector during an urgent security need; and
                        (D) the monitoring and tracking of canine assets;
                    and
                (2) submit to the appropriate committees of Congress a
            report on the review, including any recommendations.

        (b) Considerations.--In conducting the review of the deployment
    strategy under subsection (a)(1)(A), the Inspector General shall
    consider whether the Transportation Security Administration's method to
    analyze the risk to transportation facilities and transportation systems
    is appropriate.
    SEC. 1971. <<NOTE: 6 USC 1116 note.>>  EXPANSION OF NATIONAL
                              EXPLOSIVES DETECTION CANINE TEAM
                              PROGRAM.

        (a) In General.--The Secretary, where appropriate, shall encourage
    State, local, and tribal governments and private owners of high-risk
    transportation facilities to strengthen security through the use of
    explosives detection canine teams.
        (b) Increased Capacity.--
                (1) In general.--Before the date the Inspector General of
            the Department submits the report under section 1970, the
            Administrator may increase the number of State and local surface
            and maritime transportation canines by not more than 70
            explosives detection canine teams.
                (2) Additional teams.--Beginning on the date the Inspector
            General of the Department submits the report under section 1970,
            the Secretary may increase the State and local surface and
            maritime transportation canines up to 200 explosives detection
            canine teams unless more are identified in the risk-based
            surface transportation security strategy under section 1964,
            consistent with section 1965 or with the President's most recent
            budget submitted under section 1105 of title 31, United States
            Code.
                (3) Recommendations.--Before initiating any increase in the
            number of explosives detection teams under paragraph (2), the
            Secretary shall consider any recommendations in the report under
            section 1970 on the efficacy and management of the explosives
            detection canine program.

        (c) Deployment.--The Secretary shall--
                (1) use the additional explosives detection canine teams, as
            described in subsection (b)(1), as part of the Department's
            efforts to strengthen security across the Nation's surface and
            maritime transportation networks;
                (2) make available explosives detection canine teams to all
            modes of transportation, subject to the requirements under
            section 1968, to address specific vulnerabilities or risks, on
            an as-needed basis and as otherwise determined appropriate by
            the Secretary; and

    [[Page 132 STAT. 3614]]

                (3) consider specific needs and training requirements for
            explosives detection canine teams to be deployed across the
            Nation's surface and maritime transportation networks, including
            in venues of multiple modes of transportation, as the Secretary
            considers appropriate.

        (d) Authorization.--There are authorized to be appropriated to the
    Secretary to the extent of appropriations to carry out this section for
    each of fiscal years 2019 through 2021.
    SEC. 1972. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR
                              PASSENGER TRANSPORTATION SYSTEMS.

        (a) Security Standards and Best Practices for United States and
    Foreign Passenger Transportation Systems.--The Comptroller General of
    the United States shall conduct a study of how the Transportation
    Security Administration--
                (1) identifies and compares--
                        (A) United States and foreign passenger
                    transportation security standards; and
                        (B) best practices for protecting passenger
                    transportation systems, including shared terminal
                    facilities, and cyber systems; and
                (2) disseminates the findings under paragraph (1) to
            stakeholders.

        (b) Report.--Not later than 18 months after the date of enactment of
    this Act, the Comptroller General shall issue a report that contains--
                (1) the findings of the study conducted under subsection
            (a); and
                (2) any recommendations for improving the relevant processes
            or procedures.
    SEC. 1973. AMTRAK SECURITY UPGRADES.

        (a) Railroad Security Assistance.--Section 1513(b) of the
    Implementing Recommendations of the 9/11 Commission Act of 2007 (6
    U.S.C. 1163(b)) is amended--
                (1) in paragraph (1), by striking the period at the end and
            inserting ``, including communications interoperability where
            appropriate with relevant outside agencies and entities.'';
                (2) in paragraph (5), by striking ``security of'' and
            inserting ``security and preparedness of'';
                (3) in paragraph (7), by striking ``security threats'' and
            inserting ``security threats and preparedness, including
            connectivity to the National Terrorist Screening Center''; and
                (4) in paragraph (9), by striking ``and security officers''
            and inserting ``, security, and preparedness officers''.

        (b) Specific Projects.--Section 1514(a)(3) of the Implementing
    Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1164(a)(3))
    is amended--
                (1) in subparagraph (D) by inserting ``, or to connect to
            the National Terrorism Screening Center watchlist'' after
            ``Secretary'';
                (2) in subparagraph (G), by striking ``; and'' at the end
            and inserting a semicolon;
                (3) in subparagraph (H) by striking the period at the end
            and inserting a semicolon; and
                (4) by adding at the end the following:
                        ``(I) for improvements to passenger verification
                    systems;

    [[Page 132 STAT. 3615]]

                        ``(J) for improvements to employee and contractor
                    verification systems, including identity verification
                    technology; or
                        ``(K) for improvements to the security of Amtrak
                    computer systems, including cybersecurity assessments
                    and programs.''.
    SEC. 1974. <<NOTE: 6 USC 1164 note.>>  PASSENGER RAIL VETTING.

        (a) In General.--Not later than 180 days after the date on which the
    Amtrak Board of Directors submits a request to the Administrator, the
    Administrator shall issue a decision on the use by Amtrak of the
    Transportation Security Administration's Secure Flight Program or a
    similar passenger vetting system to enhance passenger rail security.
        (b) Considerations.--In making a decision under subsection (a), the
    Administrator shall--
                (1) consider the technological, privacy, operational, and
            security impacts of such a decision; and
                (2) describe such impacts in any strategic plan developed
            under subsection (c).

        (c) Strategic Plan.--If the Administrator decides to grant the
    request by Amtrak under subsection (a), the decision shall include a
    strategic plan for working with rail stakeholders to enhance passenger
    rail security by--
                (1) vetting passengers using terrorist watch lists
            maintained by the Federal Government or a similar passenger
            vetting system maintained by the Transportation Security
            Administration; and
                (2) where applicable and in consultation with the
            Commissioner of U.S. Customs and Border Protection, assessing
            whether the vetting process should be integrated into
            preclearance operations established under section 813 of the
            Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C.
            4432).

        (d) Notices.--The Administrator shall notify the appropriate
    committees of Congress of any decision made under subsection (a) and the
    details of the strategic plan under subsection (c).
        (e) Rule of Construction.--Nothing in this section shall be
    construed to limit the Administrator's authority to set the access to,
    or terms and conditions of using, the Secure Flight Program or a similar
    passenger vetting system.
    SEC. 1975. STUDY ON SURFACE TRANSPORTATION INSPECTORS.

        (a) Strategy.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall submit to the appropriate
    congressional committees and the Comptroller General of the United
    States a strategy to guide operations of surface transportation security
    inspectors that addresses the following:
                (1) Any limitations in data systems for such inspectors, as
            identified by the Comptroller General.
                (2) Alignment of operations with risk assessment findings,
            including an approach to identifying and prioritizing entities
            and locations for inspections.
                (3) Measurable objectives for the surface transportation
            security inspectors program.

        (b) GAO Review.--Not later than 180 days after the date the strategy
    under subsection (a) is submitted, the Comptroller

    [[Page 132 STAT. 3616]]

    General of the United States shall review such strategy and, as
    appropriate, issue recommendations.
    SEC. 1976. <<NOTE: 6 USC 1155.>>  SECURITY AWARENESS PROGRAM.

        (a) Establishment.--The Administrator shall establish a program to
    promote surface transportation security through the training of surface
    transportation operators and frontline employees on each of the skills
    identified in subsection (c).
        (b) Application.--The program established under subsection (a) shall
    apply to all modes of surface transportation, including public
    transportation, rail, highway, motor carrier, and pipeline.
        (c) Training.--The program established under subsection (a) shall
    cover, at a minimum, the skills necessary to recognize, assess, and
    respond to suspicious items or actions that could indicate a threat to
    transportation.
        (d) Assessment.--
                (1) In general.--The Administrator shall conduct an
            assessment of current training programs for surface
            transportation operators and frontline employees.
                (2) Contents.--The assessment shall identify--
                        (A) whether other training is being provided, either
                    voluntarily or in response to other Federal
                    requirements; and
                        (B) whether there are any gaps in existing training.

        (e) Updates.--The Administrator shall ensure the program established
    under subsection (a) is updated as necessary to address changes in risk
    and terrorist methods and to close any gaps identified in the assessment
    under subsection (d).
        (f) Suspicious Activity Reporting.--
                (1) In general.--The Secretary shall maintain a national
            telephone number for an individual to use to report suspicious
            activity under this section to the Administration.
                (2) Procedures.--The Administrator shall establish
            procedures for the Administration--
                        (A) to review and follow-up, as necessary, on each
                    report received under paragraph (1); and
                        (B) to share, as necessary and in accordance with
                    law, the report with appropriate Federal, State, local,
                    and tribal entities.
                (3) Rule of construction.--Nothing in this section may be
            construed to--
                        (A) replace or affect in any way the use of 9-1-1
                    services in an emergency; or
                        (B) replace or affect in any way the security
                    training program requirements specified in sections
                    1408, 1517, and 1534 of the Implementing Recommendations
                    of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167,
                    1184).

        (g) Definition of Frontline Employee.--In this section, the term
    ``frontline employee'' includes--
                (1) an employee of a public transportation agency who is a
            transit vehicle driver or operator, dispatcher, maintenance and
            maintenance support employee, station attendant, customer
            service employee, security employee, or transit police, or any
            other employee who has direct contact with riders on a regular
            basis, and any other employee of a public transportation agency
            that the Administrator determines should receive

    [[Page 132 STAT. 3617]]

            security training under this section or that is receiving
            security training under other law;
                (2) over-the-road bus drivers, security personnel,
            dispatchers, maintenance and maintenance support personnel,
            ticket agents, other terminal employees, and other employees of
            an over-the-road bus operator or terminal owner or operator that
            the Administrator determines should receive security training
            under this section or that is receiving security training under
            other law; or
                (3) security personnel, dispatchers, locomotive engineers,
            conductors, trainmen, other onboard employees, maintenance and
            maintenance support personnel, bridge tenders, and any other
            employees of railroad carriers that the Administrator determines
            should receive security training under this section or that is
            receiving security training under other law.
    SEC. 1977. <<NOTE: 6 USC 1119.>>  VOLUNTARY USE OF CREDENTIALING.

        (a) In General.--An applicable individual who is subject to
    credentialing or a background investigation may satisfy that requirement
    by obtaining a valid transportation security card.
        (b) Issuance of Cards.--The Secretary of Homeland Security--
                (1) shall expand the transportation security card program,
            consistent with section 70105 of title 46, United States Code,
            to allow an applicable individual who is subject to
            credentialing or a background investigation to apply for a
            transportation security card; and
                (2) may charge reasonable fees, in accordance with section
            520(a) of the Department of Homeland Security Appropriations
            Act, 2004 (6 U.S.C. 469(a)), for providing the necessary
            credentialing and background investigation.

        (c) Vetting.--The Administrator shall develop and implement a plan
    to utilize, in addition to any background check required for initial
    issue, the Federal Bureau of Investigation's Rap Back Service and other
    vetting tools as appropriate, including the No-Fly and Selectee lists,
    to get immediate notification of any criminal activity relating to any
    person with a valid transportation security card.
        (d) Definitions.--In this section:
                (1) Applicable individual who is subject to credentialing or
            a background investigation.--The term ``applicable individual
            who is subject to credentialing or a background investigation''
            means only an individual who--
                        (A) because of employment is regulated by the
                    Transportation Security Administration, Department of
                    Transportation, or Coast Guard and is required to have a
                    background records check to obtain a hazardous materials
                    endorsement on a commercial driver's license issued by a
                    State under section 5103a of title 49, United States
                    Code; or
                        (B) is required to have a credential and background
                    records check under section 2102(d)(2) of the Homeland
                    Security Act of 2002 (6 U.S.C. 622(d)(2)) at a facility
                    with activities that are regulated by the Transportation
                    Security Administration, Department of Transportation,
                    or Coast Guard.

    [[Page 132 STAT. 3618]]

                (2) Valid transportation security card.--The term ``valid
            transportation security card'' means a transportation security
            card that is--
                        (A) issued under section 70105 of title 46, United
                    States Code;
                        (B) not expired;
                        (C) shows no signs of tampering; and
                        (D) bears a photograph of the individual
                    representing such card.
    SEC. 1978. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT
                              LICENSES.

        (a) Issuance of Licenses.--Section 5103a(a)(1) is amended--
                (1) by striking ``unless'' and inserting ``unless--'';
                (2) by striking ``the Secretary of Homeland Security'' and
            inserting the following:
                        ``(A) ``the Secretary of Homeland Security'';'';
                (3) in subparagraph (A), as designated by paragraph (2) of
            this subsection, by striking the period at the end and inserting
            ``; or''; and
                (4) by adding at the end the following:
                        ``(B) the individual holds a valid transportation
                    security card issued under section 70105 of title 46.''.

        (b) Transportation Security Card.--Section 5103a(d)(1) is amended,
    in the matter preceding subparagraph (A), by striking ``described in
    subsection (a)(1)'' and inserting ``under subsection (a)(1)(A)''.
    SEC. 1979. <<NOTE: 6 USC 982 note.>>  CARGO CONTAINER SCANNING
                              TECHNOLOGY REVIEW.

        (a) Designations.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, and not less frequently than once every 5
            years thereafter until the date of full-scale implementation of
            100 percent screening of cargo containers and 100 percent
            scanning of high-risk containers required under section 232 of
            the SAFE Port Act (6 U.S.C. 982), the Secretary shall solicit
            proposals for scanning technologies, consistent with the
            standards under subsection (b)(8) of that section, to improve
            scanning of cargo at domestic ports.
                (2) Evaluation.--In soliciting proposals under paragraph
            (1), the Secretary shall establish measures to assess the
            performance of the proposed scanning technologies, including--
                        (A) the rate of false positives;
                        (B) the delays in processing times; and
                        (C) the impact on the supply chain.

        (b) Pilot Program.--
                (1) Establishment.--The Secretary may establish a pilot
            program to determine the efficacy of a scanning technology
            referred to in subsection (a).
                (2) Application process.--In carrying out the pilot program
            under this subsection, the Secretary shall--
                        (A) solicit applications from domestic ports;
                        (B) select up to 4 domestic ports to participate in
                    the pilot program; and
                        (C) select ports with unique features and differing
                    levels of trade volume.
                (3) Report.--Not later than 1 year after initiating a pilot
            program under paragraph (1), the Secretary shall submit to

    [[Page 132 STAT. 3619]]

            the appropriate committees of Congress a report on the pilot
            program, including--
                        (A) an evaluation of the scanning technologies
                    proposed to improve security at domestic ports and to
                    meet the full-scale implementation requirement;
                        (B) the costs to implement a pilot program;
                        (C) the benefits of the proposed scanning
                    technologies;
                        (D) the impact of the pilot program on the supply
                    chain; and
                        (E) recommendations for implementation of advanced
                    cargo scanning technologies at domestic ports.
                (4) Sharing pilot program testing results.--The results of
            the pilot testing of advanced cargo scanning technologies shall
            be shared, as appropriate, with government agencies and private
            stakeholders whose responsibilities encompass the secure
            transport of cargo.
    SEC. 1980. PIPELINE SECURITY STUDY.

        (a) Study.--The Comptroller General of the United States shall
    conduct a study regarding the roles and responsibilities of the
    Department of Homeland Security and the Department of Transportation
    with respect to pipeline security.
        (b) Contents.--The study under subsection (a) shall examine--
                (1) whether the Annex to the Memorandum of Understanding
            executed on August 9, 2006, between the Department of Homeland
            Security and the Department of Transportation adequately
            delineates strategic and operational responsibilities for
            pipeline security, including whether it is clear which
            department is responsible for--
                        (A) protecting against intentional pipeline breaches
                    and cyber attacks;
                        (B) responding to intentional pipeline breaches and
                    cyber attacks; and
                        (C) planning to recover from the impact of
                    intentional pipeline breaches and cyber attacks;
                (2) whether the respective roles and responsibilities of
            each department are adequately conveyed to relevant stakeholders
            and to the public;
                (3) whether the processes and procedures for determining
            whether a particular pipeline breach is a terrorist incident are
            clear and effective;
                (4) whether, and if so how, pipeline sector stakeholders
            share security-related information;
                (5) the guidance pipeline operators report use to address
            security risks and the extent to which the TSA ensures its
            guidelines reflect the current threat environment;
                (6) the extent to which the TSA has assessed security risks
            to pipeline systems; and
                (7) the extent to which the TSA has assessed its
            effectiveness in reducing pipeline security risks.

        (c) Report on Study.--Not later than 180 days after the date of
    enactment of the TSA Modernization Act, the Comptroller General of the
    United States shall submit to the Secretary of Homeland Security and the
    Committee on Commerce, Science, and Transportation of the Senate and the
    Committee on Homeland Security and the Committee on Transportation and
    Infrastructure of the

    [[Page 132 STAT. 3620]]

    House of Representatives a report containing the findings of the study
    under subsection (a).
        (d) Report to Congress.--Not later than 90 days after the date the
    report under subsection (c) is submitted, the Secretary of Homeland
    Security shall review and analyze the study and submit to the Committee
    on Commerce, Science, and Transportation of the Senate and the Committee
    on Homeland Security and the Committee on Transportation and
    Infrastructure of the House of Representatives a report on such review
    and analysis, including any recommendations for--
                (1) changes to the Annex to the Memorandum of Understanding
            referred to in subsection (b)(1); and
                (2) other improvements to pipeline security activities at
            the Department.
    SEC. 1981. FEASIBILITY ASSESSMENT.

        (a) Emerging Issues.--Not later than 180 days after the date of
    enactment of this Act, the Secretary, acting through the Administrator
    and in coordination with the Under Secretary for Science and Technology
    of the Department of Homeland Security, shall submit to the appropriate
    committees of Congress a feasibility assessment of modifying the
    security of surface transportation assets by--
                (1) introducing next generation technologies to be
            integrated into systems of surface transportation assets to
            detect explosives, including through the deployment of mobile
            explosives detection technologies to conduct risk-based
            passenger and property screening at such systems;
                (2) providing surface transportation asset operators with
            access to the Transportation Security Administration's Secure
            Flight Program or a similar passenger vetting system maintained
            by the Transportation Security Administration;
                (3) deploying a credential authentication technology or
            other means of identification document inspection to high-risk
            surface transportation assets to assist operators conducting
            passenger vetting; and
                (4) deploying scalable, cost-effective technology solutions
            to detect chemical, biological, radiological, nuclear, or
            explosive threats within high-risk surface transportation assets
            that are capable of passive, continuous, and real-time sensing
            and detection of, and alerting passengers and operating
            personnel to, the presence of such a threat.

        (b) Considerations.--In carrying out the assessment under subsection
    (a), the Secretary, acting through the Administrator and in coordination
    with the Under Secretary for Science and Technology of the Department of
    Homeland Security, shall address the technological, privacy,
    operational, passenger facilitation, and public acceptance
    considerations involved with each security measure contemplated in such
    assessment.
    SEC. 1982. <<NOTE: 49 USC 114 note.>>  BEST PRACTICES TO SECURE
                              AGAINST VEHICLE-BASED ATTACKS.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator shall disseminate best practices to public and private
    stakeholders regarding how to enhance transportation security against
    the threat of a vehicle-based terrorist attack.

    [[Page 132 STAT. 3621]]

    SEC. 1983. SURFACE TRANSPORTATION STAKEHOLDER SURVEY.

        (a) In General.--Not later than 120 days after the date of enactment
    of this Act, the Secretary shall begin conducting a survey of public and
    private stakeholders responsible for securing surface transportation
    assets regarding resource challenges, including the availability of
    Federal funding, associated with securing such assets that provides an
    opportunity for respondents to set forth information on specific unmet
    needs.
        (b) Report.--Not later than 120 days after beginning the survey
    required under subsection (a), the Secretary shall report to the
    appropriate committees of Congress regarding the results of such survey
    and the Department of Homeland Security's efforts to address any
    identified security vulnerabilities.
    SEC. 1984. <<NOTE: 6 USC 1156 note.>>  NUCLEAR MATERIAL AND
                              EXPLOSIVE DETECTION TECHNOLOGY.

        The Secretary, in coordination with the Director of the National
    Institute of Standards and Technology and the head of each relevant
    Federal department or agency researching nuclear material detection
    systems or explosive detection systems, shall research, facilitate, and,
    to the extent practicable, deploy next generation technologies,
    including active neutron interrogation, to detect nuclear material and
    explosives in transportation systems and transportation facilities.

                       Subtitle H--Transportation Security

    SEC. 1985. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY REVIEW.

        (a) GAO Review.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Comptroller General of the United
            States shall evaluate the degree to which the most recent
            National Strategy for Transportation Security, as updated, under
            section 114(s) of title 49, United States Code, is reflected in
            relevant Federal transportation security programs, budgets,
            research, staffing levels, and related activities.
                (2) Considerations.--In conducting the evaluation under
            paragraph (1), the Comptroller General shall consider the degree
            to which--
                        (A) the strategy is sufficiently forward-looking to
                    guide future Federal efforts relating to transportation
                    security;
                        (B) Federal transportation security programs,
                    budgets, research, staffing levels, and related
                    activities for fiscal year 2019 and subsequent fiscal
                    years would be guided by the strategy; and
                        (C) any annual progress reports submitted to
                    Congress under that section after the strategy is
                    submitted would provide information on the degree to
                    which that strategy guides Federal efforts relating to
                    transportation security.
    SEC. 1986. <<NOTE: 49 USC 114 note.>>  RISK SCENARIOS.

        (a) In General.--The Administrator shall annually develop,
    consistent with the transportation modal security plans required under
    section 114(s) of title 49, United States Code, risk-based priorities
    based on risk assessments conducted or received by the

    [[Page 132 STAT. 3622]]

    Secretary across all transportation modes that consider threats,
    vulnerabilities, and consequences.
        (b) Scenarios.--The Administrator shall ensure that the risk-based
    priorities identified under subsection (a) are informed by an analysis
    of terrorist attack scenarios for each transportation mode, including
    cyber-attack scenarios and intelligence and open source information
    about current and evolving threats.
        (c) Report.--Not later than 120 days after the date that annual
    risk-based priorities are developed under subsection (a), the
    Administrator shall submit to the appropriate committees of Congress a
    report that includes the following:
                (1) Copies of the risk assessments for each transportation
            mode.
                (2) A summary that ranks the risks within and across modes.
                (3) A description of the risk-based priorities for securing
            the transportation sector that identifies and prioritizes the
            greatest security needs of such transportation sector, both
            across and within modes, in the order that such priorities
            should be addressed.
                (4) Information on the underlying methodologies used to
            assess risks across and within each transportation mode and the
            basis for any assumptions regarding threats, vulnerabilities,
            and consequences made in assessing and prioritizing risks within
            each such mode and across modes.

        (d) Classification.--The information provided under subsection (c)
    may be submitted in a classified format or unclassified format, as the
    Administrator considers appropriate.
    SEC. 1987. <<NOTE: 49 USC 114 note.>>  INTEGRATED AND UNIFIED
                              OPERATIONS CENTERS.

        (a) Framework.--Not later than 120 days after the date of enactment
    of this Act, the Administrator, in consultation with the heads of other
    appropriate offices or components of the Department, shall make
    available to public and private stakeholders a framework for
    establishing an integrated and unified operations center responsible for
    overseeing daily operations of a transportation facility that promotes
    coordination for responses to terrorism, serious incidents, and other
    purposes, as determined appropriate by the Administrator.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator shall brief the appropriate committees of
    Congress regarding the establishment and activities of integrated and
    unified operations centers at transportation facilities at which the TSA
    has a presence.
    SEC. 1988. NATIONAL DEPLOYMENT FORCE.

        (a) In General.--Subchapter II of chapter 449, as amended by section
    1943 of this Act, is further amended by adding at the end the following:
    ``SEC. 44948. <<NOTE: 49 USC 44948 note.>>  NATIONAL DEPLOYMENT
                                OFFICE.

        ``(a) Establishment.--There is established within the Transportation
    Security Administration a National Deployment Office, to be headed by an
    individual with supervisory experience. Such individual shall be
    designated by the Administrator of the Transportation Security
    Administration.
        ``(b) Duties.--The individual designated as the head of the National
    Deployment Office shall be responsible for the following:

    [[Page 132 STAT. 3623]]

                ``(1) Maintaining a National Deployment Force within the
            Transportation Security Administration, including transportation
            security officers, supervisory transportation security officers
            and lead transportation security officers, to provide the
            Administration with rapid and efficient response capabilities
            and augment the Department of Homeland Security's homeland
            security operations to mitigate and reduce risk, including for
            the following:
                        ``(A) Airports temporarily requiring additional
                    security personnel due to an emergency, seasonal
                    demands, hiring shortfalls, severe weather conditions,
                    passenger volume mitigation, equipment support, or other
                    reasons.
                        ``(B) Special events requiring enhanced security
                    including National Special Security Events, as
                    determined by the Secretary of Homeland Security.
                        ``(C) Response in the aftermath of any manmade
                    disaster, including any terrorist attack.
                        ``(D) Other such situations, as determined by the
                    Administrator.
                ``(2) Educating transportation security officers regarding
            how to participate in the Administration's National Deployment
            Force.
                ``(3) Recruiting officers to serve on the National
            Deployment Force, in accordance with a staffing model to be
            developed by the Administrator.
                ``(4) Approving 1-year appointments for officers to serve on
            the National Deployment Force, with an option to extend upon
            officer request and with the approval of the appropriate Federal
            Security Director.
                ``(5) Training officers to serve on the National Deployment
            Force.''.

        (b) Table of Contents.--The table of contents of subchapter II of
    chapter 449, as amended by section 1943 of this <<NOTE: 49 USC 44901
    prec.>>  Act, is further amended by adding after the item relating to
    section 44947 the following:

    ``44948. National Deployment Office.''.

        (c) Conforming Amendment.--Section 114(f), as amended by section
    1904 of this Act, is further amended--
                (1) in paragraph (14), by striking ``and'' after the
            semicolon at the end;
                (2) by redesignating paragraph (15) as paragraph (16); and
                (3) by inserting after paragraph (14) the following:
                ``(15) establish and maintain a National Deployment Office
            as required under section 44948 of this title; and''.

        (d) <<NOTE: 49 USC 44948 note.>>  Career Development.--The
    Administrator may consider service in the National Deployment Force as a
    positive factor when evaluating applicants for promotion opportunities
    within the TSA.

        (e) Report.--Not later than 1 year after the date of enactment of
    this Act and annually thereafter for 5 years, the Administrator shall
    submit to the appropriate committees of Congress a report regarding
    activities of the National Deployment Office, including the National
    Deployment Force, established under section 44948 of title 49, United
    States Code. Each such report shall include information relating to the
    following:

    [[Page 132 STAT. 3624]]

                (1) When, where, why, how many, and for how long the
            National Deployment Force was deployed throughout the 12-month
            period covered by such report and the costs associated with such
            deployment.
                (2) A description of collaboration between the National
            Deployment Office and other components of the Department, other
            Federal agencies, and State and local transportation security
            stakeholders.
                (3) The size of the National Deployment Force, including
            information on the staffing model of the National Deployment
            Force and adherence to such model as established by the
            Administrator.
                (4) Information on recruitment, appointment, and training
            activities, including processes utilized to attract, recruit,
            appoint, and train officers to serve on the National Deployment
            Force.
    SEC. 1989. <<NOTE: 49 USC 114 note.>>  INFORMATION SHARING AND
                              CYBERSECURITY.

        (a) Federal Security Directors.--Section 44933 is amended by adding
    at the end the following:
        ``(c) Information Sharing.--Not later than 1 year after the date of
    the enactment of the TSA Modernization Act, the Administrator shall--
                ``(1) require each Federal Security Director of an airport
            to meet at least quarterly with the airport director, airport
            security coordinator, and law enforcement agencies serving each
            such airport to discuss incident management protocols, including
            the resolution of screening anomalies at passenger screening
            checkpoints; and
                ``(2) require each Federal Security Director at an airport
            to inform, consult, and coordinate, as appropriate, with the
            respective airport security coordinator in a timely manner on
            security matters impacting airport operations and to establish
            and maintain operational protocols with such airport operators
            to ensure coordinated responses to security matters.''.

        (b) Plan to Improve Information Sharing.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Administrator shall develop a plan to
            improve intelligence information sharing with State and local
            transportation entities that includes best practices to ensure
            that the information shared is actionable, useful, and not
            redundant.
                (2) Contents.--The plan required under paragraph (1) shall
            include the following:
                        (A) The incorporation of best practices for
                    information sharing.
                        (B) The identification of areas of overlap and
                    redundancy.
                        (C) An evaluation and incorporation of stakeholder
                    input in the development of such plan.
                        (D) The integration of any recommendations of the
                    Comptroller General of the United States on information
                    sharing.
                (3) Solicitation.--The Administrator shall solicit on an
            annual basis input from appropriate stakeholders, including
            State and local transportation entities, on the quality and

    [[Page 132 STAT. 3625]]

            quantity of intelligence received by such stakeholders relating
            to information sharing.

        (c) Best Practices Sharing.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Administrator shall establish a
            mechanism to share with State and local transportation entities
            best practices from across the law enforcement spectrum,
            including Federal, State, local, and tribal entities, that
            relate to employee training, employee professional development,
            technology development and deployment, hardening tactics, and
            passenger and employee awareness programs.
                (2) Consultation.--The Administrator shall solicit and
            incorporate stakeholder input--
                        (A) in developing the mechanism for sharing best
                    practices as required under paragraph (1); and
                        (B) not less frequently than annually on the quality
                    and quantity of information such stakeholders receive
                    through the mechanism established under such paragraph.

        (d) Cybersecurity.--
                (1) In general.--The Administrator, in consultation with the
            Secretary, shall--
                        (A) not later than 120 days after the date of
                    enactment of this Act, implement the Framework for
                    Improving Critical Infrastructure Cybersecurity
                    (referred to in this section as the ``Framework''
                    developed by the National Institute of Standards and
                    Technology, and any update to such Framework under
                    section 2 of the National Institute of Standards and
                    Technology Act (15 U.S.C. 272), to manage the agency's
                    cybersecurity risks; and
                        (B) evaluate, on a periodic basis, but not less
                    often than biennially, the use of the Framework under
                    subparagraph (A).
                (2) Cybersecurity enhancements to aviation security
            activities.--The Secretary, in consultation with the Secretary
            of Transportation, shall, upon request, conduct cybersecurity
            vulnerability assessments for airports and air carriers.
                (3) TSA trusted traveler and credentialing program cyber
            evaluation.--
                        (A) Evaluation required.--Not later than 120 days
                    after the date of enactment of this Act, the Secretary
                    shall--
                              (i) evaluate the cybersecurity of TSA trusted
                          traveler and credentialing programs that contain
                          personal information of specific individuals or
                          information that identifies specific individuals,
                          including the Transportation Worker Identification
                          Credential and PreCheck programs;
                              (ii) identify any cybersecurity risks under
                          the programs described in clause (i); and
                              (iii) develop remediation plans to address the
                          cybersecurity risks identified under clause (ii).
                        (B) Submission to congress.--Not later than 30 days
                    after the date the evaluation under subparagraph (A) is
                    complete, the Secretary shall submit to the appropriate
                    committees of Congress information relating to such
                    evaluation, including any cybersecurity vulnerabilities
                    identified and remediation plans to address such

    [[Page 132 STAT. 3626]]

                    vulnerabilities. Such submission shall be provided in a
                    classified form.
                (4) Definitions.--In this subsection, the terms
            ``cybersecurity risk'' and ``incident'' have the meanings given
            the terms in section 227 of the Homeland Security Act of 2002 (6
            U.S.C. 148).
    SEC. 1990. SECURITY TECHNOLOGIES TIED TO FOREIGN THREAT COUNTRIES.

        Not later than 180 days after the date of enactment of this Act, the
    Secretary shall submit to the appropriate committees of Congress an
    assessment of terrorist and other threats to the transportation sector,
    including surface transportation assets, posed by the use of security
    technologies, including software and networked technologies, developed
    or manufactured by firms that are owned or closely linked to the
    governments of countries that are known to pose a cyber or homeland
    security threat.

               Subtitle I--Conforming and Miscellaneous Amendments

    SEC. 1991. TITLE 49 AMENDMENTS.

        (a) Deletion of Duties Related to Aviation Security.--Section 106(g)
    is amended to read as follows:
        ``(g) Duties and Powers of Administrator.--The Administrator shall
    carry out the following:
                ``(1) Duties and powers of the Secretary of Transportation
            under subsection (f) of this section related to aviation safety
            (except those related to transportation, packaging, marking, or
            description of hazardous material) and stated in the following:
                        ``(A) Section 308(b).
                        ``(B) Subsections (c) and (d) of section 1132.
                        ``(C) Sections 40101(c), 40103(b), 40106(a), 40108,
                    40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and
                    40114(a).
                        ``(D) Chapter 445, except sections 44501(b),
                    44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506,
                    44509, 44510, 44514, and 44515.
                        ``(E) Chapter 447, except sections 44717, 44718(a),
                    44718(b), 44719, 44720, 44721(b), 44722, and 44723.
                        ``(F) Chapter 451.
                        ``(G) Chapter 453.
                        ``(H) Section 46104.
                        ``(I) Subsections (d) and (h)(2) of section 46301
                    and sections 46303(c), 46304 through 46308, 46310,
                    46311, and 46313 through 46316.
                        ``(J) Chapter 465.
                        ``(K) Sections 47504(b) (related to flight
                    procedures), 47508(a), and 48107.
                ``(2) Additional duties and powers prescribed by the
            Secretary of Transportation.''.

        (b) Transportation Security Oversight Board.--Section 115 is
    amended--

    [[Page 132 STAT. 3627]]

                (1) in subsection (c)(1), by striking ``Under Secretary of
            Transportation for security'' and inserting ``Administrator of
            the Transportation Security Administration''; and
                (2) in subsection (c)(6), by striking ``Under Secretary''
            and inserting ``Administrator''.

        (c) Chapter 401 Amendments.--Chapter 401 is amended--
                (1) in section 40109--
                        (A) in subsection (b), by striking ``, 40119, 44901,
                    44903, 44906, and 44935-44937''; and
                        (B) in subsection (c), by striking ``sections 44909
                    and'' and inserting ``sections 44909(a), 44909(b),
                    and'';
                (2) in section 40113--
                        (A) in subsection (a)--
                              (i) by striking ``the Under Secretary of
                          Transportation for Security with respect to
                          security duties and powers designated to be
                          carried out by the Under Secretary or'' and
                          inserting ``the Administrator of the
                          Transportation Security Administration with
                          respect to security duties and powers designated
                          to be carried out by that Administrator or'';
                              (ii) by striking ``carried out by the
                          Administrator'' and inserting ``carried out by
                          that Administrator''; and
                              (iii) by striking ``, Under Secretary, or
                          Administrator,'' and inserting ``, Administrator
                          of the Transportation Security Administration, or
                          Administrator of the Federal Aviation
                          Administration,''; and
                        (B) in subsection (d)--
                              (i) by striking ``Under Secretary of
                          Transportation for Security or the'';
                              (ii) by striking ``Transportation Security
                          Administration or Federal Aviation Administration,
                          as the case may be,'' and inserting ``Federal
                          Aviation Administration''; and
                              (iii) by striking ``Under Secretary or
                          Administrator, as the case may be,'' and inserting
                          ``Administrator'';
                (3) by striking section 40119; and
                (4) <<NOTE: 49 USC 40101 prec.>>  in the table of contents,
            by striking the item relating to section 40119 and inserting the
            following:

    ``40119. [Reserved].''.

        (d) Chapter 449 Amendments.--Chapter 449 is amended--
                (1) in section 44901--
                        (A) in subsection (a)--
                              (i) by striking ``Under Secretary of
                          Transportation for Security'' and inserting
                          ``Administrator of the Transportation Security
                          Administration''; and
                              (ii) by striking ``, United States Code'';
                        (B) in subsection (c), by striking ``but not later
                    than the 60th day following the date of enactment of the
                    Aviation and Transportation Security Act'';
                        (C) in subsection (d)--
                              (i) in paragraph (1)--
                                        (I) in the matter preceding
                                    subparagraph (A), by striking ``Under
                                    Secretary of Transportation for
                                    Security'' and inserting ``Administrator
                                    of the Transportation Security
                                    Administration''; and

    [[Page 132 STAT. 3628]]

                                        (II) in subparagraph (A), by
                                    striking ``no later than December 31,
                                    2002'';
                              (ii) by striking paragraphs (2) and (3);
                              (iii) by redesignating paragraph (4) as
                          paragraph (2); and
                              (iv) in paragraph (2), as redesignated--
                                        (I) in subparagraph (A), by striking
                                    ``Assistant Secretary (Transportation
                                    Security Administration)'' and inserting
                                    ``Administrator of the Transportation
                                    Security Administration'';
                                        (II) in subparagraph (B), by
                                    striking ``Assistant Secretary'' and
                                    inserting ``Administrator of the
                                    Transportation Security
                                    Administration''; and
                                        (III) in subparagraph (D)--
                                                (aa) by striking ``Assistant
                                            Secretary'' the first place it
                                            appears and inserting
                                            ``Administrator of the
                                            Transportation Security
                                            Administration''; and
                                                (bb) by striking ``Assistant
                                            Secretary'' the second place it
                                            appears and inserting
                                            ``Administrator'';
                        (D) in subsection (e)--
                              (i) in that matter preceding paragraph (1)--
                                        (I) by striking ``but not later than
                                    the 60th day following the date of
                                    enactment of the Aviation and
                                    Transportation Security Act''; and
                                        (II) by striking ``Under Secretary''
                                    and inserting ``Administrator of the
                                    Transportation Security
                                    Administration''; and
                              (ii) in paragraph (4), by striking ``Under
                          Secretary'' and inserting ``Administrator'';
                        (E) in subsection (f), by striking ``after the date
                    of enactment of the Aviation and Transportation Security
                    Act'';
                        (F) in subsection (g)--
                              (i) in paragraph (1), by striking ``Not later
                          than 3 years after the date of enactment of the
                          Implementing Recommendations of the 9/11
                          Commission Act of 2007, the'' and inserting
                          ``The'';
                              (ii) in paragraph (2), by striking ``as
                          follows:'' and all that follows and inserting a
                          period;
                              (iii) by amending paragraph (3) to read as
                          follows:
                ``(3) Regulations.--The Secretary of Homeland Security shall
            issue a final rule as a permanent regulation to implement this
            subsection in accordance with the provisions of chapter 5 of
            title 5.'';
                              (iv) by striking paragraph (4); and
                              (v) by redesignating paragraph (5) as
                          paragraph (4);
                        (G) in subsection (h)--
                              (i) in paragraph (1), by striking ``Under
                          Secretary'' and inserting ``Administrator of the
                          Transportation Security Administration''; and
                              (ii) in paragraph (2)--
                                        (I) by striking ``Under Secretary''
                                    the first place it appears and inserting
                                    ``Administrator of the Transportation
                                    Security Administration''; and

    [[Page 132 STAT. 3629]]

                                        (II) by striking ``Under Secretary''
                                    each place it appears and inserting
                                    ``Administrator'';
                        (H) in subsection (i)--
                              (i) in the matter preceding paragraph (1), by
                          striking ``Under Secretary'' and inserting
                          ``Administrator of the Transportation Security
                          Administration''; and
                              (ii) in paragraph (2), by striking ``Under
                          Secretary'' and inserting ``Administrator'';
                        (I) in subsection (j)(1)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``Before January 1, 2008, the'' and
                          inserting ``The''; and
                              (ii) in subparagraph (A), by striking ``the
                          date of enactment of this subsection'' and
                          inserting ``August 3, 2007'';
                        (J) in subsection (k)--
                              (i) in paragraph (1), by striking ``Not later
                          than one year after the date of enactment of this
                          subsection, the'' and inserting ``The'';
                              (ii) in paragraph (2), by striking ``Not later
                          than 6 months after the date of enactment of this
                          subsection, the'' and inserting ``The''; and
                              (iii) in paragraph (3), by striking ``Not
                          later than 180 days after the date of enactment of
                          this subsection, the'' in paragraph (3) and
                          inserting ``The''; and
                        (K) in subsection (l)--
                              (i) in paragraph (2)--
                                        (I) in the matter preceding
                                    subparagraph (A), by striking
                                    ``Beginning June 1, 2012, the Assistant
                                    Secretary of Homeland Security
                                    (Transportation Security
                                    Administration)'' and inserting ``The
                                    Administrator of the Transportation
                                    Security Administration''; and
                                        (II) in subparagraph (B), by
                                    striking ``Assistant Secretary'' and
                                    inserting ``Administrator'';
                              (ii) in paragraph (3)--
                                        (I) in subparagraph (A)--
                                                (aa) by striking ``Assistant
                                            Secretary'' the first place it
                                            appears and inserting
                                            ``Administrator of the
                                            Transportation Security
                                            Administration''; and
                                                (bb) by striking ``Assistant
                                            Secretary'' the second place it
                                            appears and inserting
                                            ``Administrator''; and
                                        (II) in subparagraph (B), by
                                    striking ``Assistant Secretary'' and
                                    inserting ``Administrator of the
                                    Transportation Security
                                    Administration''; and
                              (iii) in paragraph (4)--
                                        (I) in subparagraph (A)--
                                                (aa) by striking ``60 days
                                            after the deadline specified in
                                            paragraph (2), and not later
                                            than'';
                                                (bb) by striking ``Assistant
                                            Secretary'' the first place it
                                            appears and inserting
                                            ``Administrator of the
                                            Transportation Security
                                            Administration''; and

    [[Page 132 STAT. 3630]]

                                                (cc) by striking ``Assistant
                                            Secretary'' the second place it
                                            appears and inserting
                                            ``Administrator''; and
                                        (II) in subparagraph (B), by
                                    striking ``Assistant Secretary'' each
                                    place it appears and inserting
                                    ``Administrator of the Transportation
                                    Security Administration'';
                (2) section 44902 is amended--
                        (A) in subsection (a), by striking ``Under Secretary
                    of Transportation for Security'' and inserting
                    ``Administrator of the Transportation Security
                    Administration''; and
                        (B) in subsection (b), by striking ``Under
                    Secretary'' and inserting ``Administrator of the
                    Transportation Security Administration'';
                (3) section 44903 is amended--
                        (A) in subsection (a)--
                              (i) in the heading, by striking ``Definition''
                          and inserting ``Definitions'';
                              (ii) by redesignating paragraphs (1) through
                          (3) as subparagraphs (A) through (C),
                          respectively;
                              (iii) in subparagraph (B), as redesignated, by
                          striking ``Under Secretary of Transportation for
                          Security'' and inserting ``Administrator'';
                              (iv) in the matter preceding subparagraph (A),
                          as redesignated, by striking ``In this section,
                          `law enforcement personnel' means individuals--''
                          and inserting ``In this section:'';
                              (v) by inserting before subparagraph (A), the
                          following:
                ``(2) Law enforcement personnel.--The term `law enforcement
            personnel' means individuals--''; and
                              (vi) by inserting before paragraph (2), as
                          redesignated, the following:
                ``(1) Administrator.--The term `Administrator' means the
            Administrator of the Transportation Security Administration.'';
                        (B) in subsection (d), by striking ``Secretary of
                    Transportation'' and inserting ``Administrator'';
                        (C) in subsection (g), by striking ``Under
                    Secretary's'' each place it appears and inserting
                    ``Administrator's'';
                        (D) in subsection (h)--
                              (i) in paragraph (3), by striking
                          ``Secretary'' and inserting ``Secretary of
                          Homeland Security'';
                              (ii) in paragraph (4)--
                                        (I) in subparagraph (A), by striking
                                    ``, as soon as practicable after the
                                    date of enactment of this subsection,'';
                                        (II) in subparagraph (C), by
                                    striking ``section 44903(c)'' and
                                    inserting ``subsection (c)''; and
                                        (III) in subparagraph (E), by
                                    striking ``, not later than March 31,
                                    2005,'';
                              (iii) in paragraph (5), by striking
                          ``Assistant Secretary of Homeland Security
                          (Transportation Security Administration)'' and
                          inserting ``Administrator'';
                              (iv) in paragraph (6)(A)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``Not later than 18
                                    months after the date

    [[Page 132 STAT. 3631]]

                                    of enactment of the Implementing
                                    Recommendations of the 9/11 Commission
                                    Act of 2007, the'' and inserting
                                    ``The''; and
                                        (II) in clause (i), by striking
                                    ``section'' and inserting ``paragraph'';
                                    and
                              (v) in paragraph (6)(C), by striking
                          ``Secretary'' and inserting ``Secretary of
                          Homeland Security'';
                        (E) in subsection (i)(3), by striking ``, after the
                    date of enactment of this paragraph,'';
                        (F) in subsection (j)--
                              (i) by amending paragraph (1) to read as
                          follows:
                ``(1) In general.--The Administrator shall periodically
            recommend to airport operators commercially available measures
            or procedures to prevent access to secure airport areas by
            unauthorized persons.'';
                              (ii) in paragraph (2)--
                                        (I) in the heading, by striking
                                    ``Computer-assisted passenger
                                    prescreening system'' and inserting
                                    ``Secure flight program'';
                                        (II) in subparagraph (A)--
                                                (aa) by striking ``Computer-
                                            Assisted Passenger Prescreening
                                            System'' and inserting ``Secure
                                            Flight program'';
                                                (bb) by striking ``Secretary
                                            of Transportation'' and
                                            inserting ``Administrator''; and
                                                (cc) by striking ``system''
                                            each place it appears and
                                            inserting ``program'';
                                        (III) in subparagraph (B)--
                                                (aa) by striking ``Computer-
                                            Assisted Passenger Prescreening
                                            System'' and inserting ``Secure
                                            Flight program'';
                                                (bb) by striking ``Secretary
                                            of Transportation'' and
                                            inserting ``Administrator''; and
                                                (cc) by striking
                                            ``Secretary'' and inserting
                                            ``Administrator'';
                                        (IV) in subparagraph (C)--
                                                (aa) in clause (i), by
                                            striking ``Not later than
                                            January 1, 2005, the Assistant
                                            Secretary of Homeland Security
                                            (Transportation Security
                                            Administration), or the designee
                                            of the Assistant Secretary,''
                                            and inserting ``The
                                            Administrator'';
                                                (bb) in clause (ii), by
                                            striking ``Not later than 180
                                            days after completion of testing
                                            under clause (i), the'' and
                                            inserting ``The''; and
                                                (cc) in clause (iv), by
                                            striking ``Not later than 180
                                            days after'' and inserting
                                            ``After'';
                                        (V) in subparagraph (D), by striking
                                    ``Assistant Secretary of Homeland
                                    Security (Transportation Security
                                    Administration)'' and inserting
                                    ``Administrator'';
                                        (VI) in subparagraph (E)(i), by
                                    striking ``Not later than 90 days after
                                    the date on which the Assistant
                                    Secretary assumes the performance of the
                                    advanced passenger prescreening function
                                    under subparagraph (C)(ii), the'' and
                                    inserting ``The Administrator''; and

    [[Page 132 STAT. 3632]]

                                        (VII) by striking ``Assistant
                                    Secretary'' each place it appears and
                                    inserting ``Administrator'';
                        (G) in subsection (l), by striking ``Under Secretary
                    for Border and Transportation Security of the Department
                    of Homeland Security'' and inserting ``Administrator'';
                        (H) in subsection (m)--
                              (i) in paragraph (1), by striking ``Assistant
                          Secretary of Homeland Security (Transportation
                          Security Administration)'' and inserting
                          ``Administrator''; and
                              (ii) by striking ``Assistant Secretary'' each
                          place it appears and inserting ``Administrator'';
                          and
                        (I) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator'';
                (4) section 44904 is amended--
                        (A) in subsection (a), by striking ``Under Secretary
                    of Transportation for Security'' and inserting
                    ``Administrator of the Transportation Security
                    Administration'';
                        (B) in subsection (c)--
                              (i) by striking ``section 114(t)(3)'' and
                          inserting ``section 114(s)(3)''; and
                              (ii) by striking ``section 114(t)'' and
                          inserting ``section 114(s)'';
                        (C) in subsection (d)--
                              (i) by striking ``Not later than 90 days after
                          the date of the submission of the National
                          Strategy for Transportation Security under section
                          114(t)(4)(A), the Assistant Secretary of Homeland
                          Security (Transportation Security
                          Administration)'' and inserting ``The
                          Administrator of the Transportation Security
                          Administration''; and
                              (ii) by striking ``section 114(t)(1)'' and
                          inserting ``section 114(s)(1)''; and
                        (D) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                (5) section 44905 is amended--
                        (A) in subsection (a)--
                              (i) by striking ``Secretary of
                          Transportation'' and inserting ``Administrator of
                          the Transportation Security Administration''; and
                              (ii) by striking ``Secretary.'' and inserting
                          ``Administrator.'';
                        (B) in subsection (b), by striking ``Under Secretary
                    of Transportation for Security'' and inserting
                    ``Administrator of the Transportation Security
                    Administration''; and
                        (C) in subsections (c), (d), and (f), by striking
                    ``Under Secretary'' each place it appears and inserting
                    ``Administrator of the Transportation Security
                    Administration'';
                (6) section 44906 is amended--
                        (A) by striking ``Under Secretary of Transportation
                    for Security'' and inserting ``Administrator of the
                    Transportation Security Administration''; and
                        (B) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator'';
                (7) section 44908 is amended--

    [[Page 132 STAT. 3633]]

                        (A) by striking ``Secretary of Transportation'' each
                    place it appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                        (B) in subsection (a), by striking ``safety or'';
                    and
                        (C) in subsection (c), by striking ``The Secretary''
                    and inserting ``The Administrator'';
                (8) section 44909 is amended--
                        (A) in subsection (a)(1), by striking ``Not later
                    than March 16, 1991, the'' and inserting ``The''; and
                        (B) in subsection (c)--
                              (i) in paragraph (1), by striking ``Not later
                          than 60 days after the date of enactment of the
                          Aviation and Transportation Security Act, each''
                          and inserting ``Each'';
                              (ii) in paragraphs (2)(F) and (5), by striking
                          ``Under Secretary'' and inserting ``Administrator
                          of the Transportation Security Administration'';
                          and
                              (iii) in paragraph (6)--
                                        (I) in subparagraph (A), by striking
                                    ``Not later than 60 days after date of
                                    enactment of this paragraph, the'' and
                                    inserting ``The''; and
                                        (II) in subparagraph (B)(ii)--
                                                (aa) by striking ``the
                                            Secretary will'' and inserting
                                            ``the Secretary of Homeland
                                            Security will''; and
                                                (bb) by striking ``the
                                            Secretary to'' and inserting
                                            ``the Secretary of Homeland
                                            Security to'';
                (9) section 44911 is amended--
                        (A) in subsection (b), by striking ``Under Secretary
                    of Transportation for Security'' and inserting
                    ``Administrator of the Transportation Security
                    Administration'';
                        (B) in subsection (d), by striking ``request of the
                    Secretary'' and inserting ``request of the Secretary of
                    Homeland Security''; and
                        (C) in subsection (e)--
                              (i) by striking ``Secretary, and the Under
                          Secretary'' and inserting ``Secretary of Homeland
                          Security, and the Administrator of the
                          Transportation Security Administration''; and
                              (ii) by striking ``intelligence community and
                          the Under Secretary'' and inserting ``intelligence
                          community and the Administrator of the
                          Transportation Security Administration'';
                (10) section 44912 is amended--
                        (A) in subsection (a)--
                              (i) in paragraph (1)--
                                        (I) by striking ``Under Secretary of
                                    Transportation for Security'' and
                                    inserting ``Administrator''; and
                                        (II) by striking ``, not later than
                                    November 16, 1993,''; and
                              (ii) in paragraph (4)(C), by striking
                          ``Research, Engineering and Development Advisory
                          Committee'' and inserting ``Administrator'';
                        (B) in subsection (c)--

    [[Page 132 STAT. 3634]]

                              (i) in paragraph (1), by striking ``, as a
                          subcommittee of the Research, Engineering, and
                          Development Advisory Committee,''; and
                              (ii) in paragraph (4), by striking ``Not later
                          than 90 days after the date of the enactment of
                          the Aviation and Transportation Security Act, and
                          every two years thereafter,'' and inserting
                          ``Biennially,'';
                        (C) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator''; and
                        (D) by adding at the end the following:

        ``(d) Security and Research and Development Activities.--
                ``(1) In general.--The Administrator shall conduct research
            (including behavioral research) and development activities
            appropriate to develop, modify, test, and evaluate a system,
            procedure, facility, or device to protect passengers and
            property against acts of criminal violence, aircraft piracy, and
            terrorism and to ensure security.
                ``(2) Disclosure.--
                        ``(A) In general.--Notwithstanding section 552 of
                    title 5, the Administrator shall prescribe regulations
                    prohibiting disclosure of information obtained or
                    developed in ensuring security under this title if the
                    Secretary of Homeland Security decides disclosing the
                    information would--
                              ``(i) be an unwarranted invasion of personal
                          privacy;
                              ``(ii) reveal a trade secret or privileged or
                          confidential commercial or financial information;
                          or
                              ``(iii) be detrimental to transportation
                          safety.
                        ``(B) Information to congress.--Subparagraph (A)
                    does not authorize information to be withheld from a
                    committee of Congress authorized to have the
                    information.
                        ``(C) Rule of construction.--Nothing in subparagraph
                    (A) shall be construed to authorize the designation of
                    information as sensitive security information (as
                    defined in section 15.5 of title 49, Code of Federal
                    Regulations)--
                              ``(i) to conceal a violation of law,
                          inefficiency, or administrative error;
                              ``(ii) to prevent embarrassment to a person,
                          organization, or agency;
                              ``(iii) to restrain competition; or
                              ``(iv) to prevent or delay the release of
                          information that does not require protection in
                          the interest of transportation security, including
                          basic scientific research information not clearly
                          related to transportation security.
                        ``(D) Privacy act.--Section 552a of title 5 shall
                    not apply to disclosures that the Administrator of the
                    Transportation Security Administration may make from the
                    systems of records of the Transportation Security
                    Administration to any Federal law enforcement,
                    intelligence, protective service, immigration, or
                    national security official in order to assist the
                    official receiving the information in the performance of
                    official duties.
                ``(3) Transfers of duties and powers prohibited.--Except as
            otherwise provided by law, the Administrator may not transfer a
            duty or power under this section to another

    [[Page 132 STAT. 3635]]

            department, agency, or instrumentality of the United States
            Government.

        ``(e) Definition of Administrator.--In this section, the term
    `Administrator' means the Administrator of the Transportation Security
    Administration.'';
                (11) section 44913 is amended--
                        (A) in subsection (a)--
                              (i) in paragraph (1), by striking ``Under
                          Secretary of Transportation for Security'' and
                          inserting ``Administrator of the Transportation
                          Security Administration (referred to in this
                          section as `the Administrator')'';
                              (ii) by striking paragraph (2);
                              (iii) by redesignating paragraphs (3) and (4)
                          as paragraphs (2) and (3), respectively; and
                              (iv) by striking ``Under Secretary'' each
                          place it appears and inserting ``Administrator'';
                          and
                        (B) in subsection (b), by striking ``Secretary of
                    Transportation'' and inserting ``Administrator'';
                (12) section 44914 is amended--
                        (A) by striking ``Under Secretary of Transportation
                    for Security'' and inserting ``Administrator of the
                    Transportation Security Administration'';
                        (B) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator''; and
                        (C) by inserting ``the Department of
                    Transportation,'' before ``air carriers, airport
                    authorities, and others'';
                (13) section 44915 is amended by striking ``Under Secretary
            of Transportation for Security'' and inserting ``Administrator
            of the Transportation Security Administration'';
                (14) section 44916 is amended--
                        (A) in subsection (a), by striking ``Under Secretary
                    of Transportation for Security'' and inserting
                    ``Administrator of the Transportation Security
                    Administration''; and
                        (B) in subsection (b)--
                              (i) by striking ``Under Secretary'' the first
                          place it appears and inserting ``Administrator of
                          the Transportation Security Administration''; and
                              (ii) by striking ``Under Secretary'' the
                          second place it appears and inserting
                          ``Administrator'';
                (15) section 44917 is amended--
                        (A) in subsection (a)--
                              (i) in the matter preceding paragraph (1), by
                          striking ``Under Secretary of Transportation for
                          Security'' and inserting ``Administrator of the
                          Transportation Security Administration''; and
                              (ii) in paragraph (2), by striking ``by the
                          Secretary'' and inserting ``by the
                          Administrator'';
                        (B) in subsection (d)--
                              (i) in paragraph (1), by striking ``Assistant
                          Secretary for Immigration and Customs Enforcement
                          of the Department of Homeland Security'' and
                          inserting ``Administrator of the Transportation
                          Security Administration''; and
                              (ii) in paragraph (3), by striking ``Assistant
                          Secretary'' each place it appears and inserting
                          ``Administrator of the Transportation Security
                          Administration'';
                (16) section 44918 is amended--

    [[Page 132 STAT. 3636]]

                        (A) in subsection (a)--
                              (i) in paragraph (2)(E), by striking ``Under
                          Secretary for Border and Transportation Security
                          of the Department of Homeland Security'' and
                          inserting ``Administrator of the Transportation
                          Security Administration'';
                              (ii) in paragraph (4), by striking ``Not later
                          than one year after the date of enactment of the
                          Vision 100--Century of Aviation Reauthorization
                          Act, the'' and inserting ``The''; and
                              (iii) in paragraph (5), by striking ``the date
                          of enactment of the Vision 100--Century of
                          Aviation Reauthorization Act'' and inserting
                          ``December 12, 2003,'';
                        (B) in subsection (b)--
                              (i) in paragraph (1), by striking ``Not later
                          than one year after the date of enactment of the
                          Vision 100--Century of Aviation Reauthorization
                          Act, the'' and inserting ``The''; and
                              (ii) in paragraph (6), by striking ``Federal
                          Air Marshals Service'' and inserting ``Federal Air
                          Marshal Service''; and
                        (C) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                (17) section 44920 is amended--
                        (A) in subsection (g)(1), by striking ``subsection
                    (a) or section 44919'' and inserting ``subsection (a)'';
                    and
                        (B) by adding at the end the following:

        ``(i) Definition of Administrator.--In this section, the term
    `Administrator' means the Administrator of the Transportation Security
    Administration.'';
                (18) section 44922 is amended--
                        (A) in the heading, by striking ``Deputation'' and
                    inserting ``Deputization'';
                        (B) in subsection (a)--
                              (i) in the heading, by striking ``Deputation''
                          and inserting ``Deputization''; and
                              (ii) by striking ``Under Secretary of
                          Transportation for Security'' and inserting
                          ``Administrator of the Transportation Security
                          Administration'';
                        (C) in subsection (e), by striking ``deputation''
                    and inserting ``deputization''; and
                        (D) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                (19) section 44923 is amended--
                        (A) in subsection (a), by striking ``Under Secretary
                    for Border and Transportation Security of the Department
                    of Homeland Security'' and inserting ``Administrator of
                    the Transportation Security Administration'';
                        (B) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                        (C) in subsection (e)--
                              (i) by striking paragraph (2); and
                              (ii) by striking ``(1) In general.--''; and
                        (D) by striking subsection (j);

    [[Page 132 STAT. 3637]]

                (20) section 44924 is amended--
                        (A) in subsection (a)--
                              (i) by striking ``Under Secretary for Border
                          and Transportation Security of the Department of
                          Homeland Security'' and inserting ``Administrator
                          of the Transportation Security Administration'';
                          and
                              (ii) by striking ``Administrator under'' and
                          inserting ``Administrator of the Federal Aviation
                          Administration under'';
                        (B) in subsections (b), (c), (d), (e), and (f), by
                    striking ``Administrator'' and inserting ``Administrator
                    of the Federal Aviation Administration'';
                        (C) in subsection (f), by striking ``Not later than
                    240 days after the date of enactment of this section,
                    the'' and inserting ``The''; and
                        (D) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                (21) section 44925 is amended--
                        (A) in subsection (b)(1), by striking ``Not later
                    than 90 days after the date of enactment of this
                    section, the Assistant Secretary of Homeland Security
                    (Transportation Security Administration)'' and inserting
                    ``The Administrator of the Transportation Security
                    Administration'';
                        (B) in subsection (b), by striking paragraph (3);
                    and
                        (C) in subsection (d), by striking ``Assistant
                    Secretary'' each place it appears and inserting
                    ``Administrator of the Transportation Security
                    Administration'';
                (22) section 44926(b)(3) is amended by striking ``an
            misidentified passenger'' and inserting ``a misidentified
            passenger'';
                (23) section 44927 is amended--
                        (A) by striking ``Assistant Secretary'' each place
                    it appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                        (B) in subsection (a), by striking ``Veteran
                    Affairs'' and inserting ``Veterans Affairs''; and
                        (C) in subsection (f)--
                              (i) in the heading, by striking ``Report'' and
                          inserting ``Reports''; and
                              (ii) by striking ``Not later than 1 year after
                          the date of enactment of this section, and
                          annually thereafter,'' and inserting ``Each
                          year,'';
                (24) section 44933 is amended--
                        (A) in subsection (a)--
                              (i) by striking ``Under Secretary of
                          Transportation for Security'' and inserting
                          ``Administrator of the Transportation Security
                          Administration'';
                              (ii) by striking ``Federal Security Manager''
                          and inserting ``Federal Security Director''; and
                              (iii) by striking ``Managers'' each place it
                          appears and inserting ``Federal Security
                          Directors'';
                        (B) in subsection (b), by striking ``Manager'' and
                    inserting ``Federal Security Director''; and
                        (C) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';

    [[Page 132 STAT. 3638]]

                (25) section 44934 is amended--
                        (A) in subsection (a)--
                              (i) by striking ``Under Secretary of
                          Transportation for Security'' and inserting
                          ``Administrator of the Transportation Security
                          Administration'';
                              (ii) by striking ``airports. In coordination
                          with the Secretary'' and inserting ``airports. In
                          coordination with the Secretary of State'';
                              (iii) by striking ``The Secretary shall give
                          high priority'' and inserting ``The Secretary of
                          State shall give high priority''; and
                              (iv) by striking ``Under Secretary'' each
                          place it appears and inserting ``Administrator'';
                          and
                        (B) in subsection (b)--
                              (i) in the matter preceding paragraph (1), by
                          striking ``Under Secretary'' and inserting
                          ``Administrator of the Transportation Security
                          Administration''; and
                              (ii) in paragraph (1), by striking ``Under
                          Secretary'' and inserting ``Administrator''; and
                        (C) in subsection (c), by striking ``the Secretary
                    and the chief'' and inserting ``the Secretary of State
                    and the chief'';
                (26) section 44935 is amended--
                        (A) in subsection (a), by striking ``Under Secretary
                    of Transportation for Security'' and inserting
                    ``Administrator'';
                        (B) in subsection (e)--
                              (i) in paragraph (1), by striking ``Under
                          Secretary of Transportation for Security'' and
                          inserting ``Administrator''; and
                              (ii) in paragraph (2)(A)--
                                        (I) in the matter preceding clause
                                    (i)--
                                                (aa) by striking ``Within 30
                                            days after the date of enactment
                                            of the Aviation and
                                            Transportation Security Act,
                                            the'' and inserting ``The''; and
                                                (bb) by inserting ``other''
                                            before ``provision of law''; and
                                        (II) in clause (ii), by striking
                                    ``section 1102(a)(22)'' and inserting
                                    ``section 101(a)(22)'';
                        (C) in subsection (f)(1), by inserting ``other''
                    before ``provision of law'';
                        (D) in subsection (g)(2), by striking ``Within 60
                    days after the date of enactment of the Aviation and
                    Transportation Security Act, the'' and inserting
                    ``The'';
                        (E) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator''; and
                        (F) by adding at the end the following:

        ``(l) Definition of Administrator.--In this section, the term
    `Administrator' means the Administrator of the Transportation Security
    Administration.'';
                (27) section 44936 is amended--
                        (A) in subsection (a)--
                              (i) by striking ``Under Secretary of
                          Transportation for Security'' each place it
                          appears and inserting ``Administrator'';

    [[Page 132 STAT. 3639]]

                              (ii) in paragraph (1)--
                                        (I) in subparagraph (A), by striking
                                    ``,,'' and inserting a comma; and
                                        (II) by striking subparagraph (C);
                                    and
                              (iii) by redesignating subparagraph (D) as
                          subparagraph (C);
                        (B) in subsection (c)(1), by striking ``Under
                    Secretary's'' and inserting ``Administrator's'';
                        (C) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator''; and
                        (D) by adding at the end the following:

        ``(f) Definition of Administrator.--In this section, the term
    `Administrator' means the Administrator of the Transportation Security
    Administration.'';
                (28) section 44937 is amended by striking ``Under Secretary
            of Transportation for Security'' and inserting ``Administrator
            of the Transportation Security Administration'';
                (29) section 44938 is amended--
                        (A) in subsection (a)--
                              (i) by striking ``Under Secretary of
                          Transportation for Security'' and inserting
                          ``Administrator of the Transportation Security
                          Administration''; and
                              (ii) by striking ``Secretary of
                          Transportation'' and inserting ``Secretary of
                          Homeland Security''; and
                        (B) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                (30) section 44939(d) is amended by striking ``Not later
            than 60 days after the date of enactment of this section, the
            Secretary'' and inserting ``The Secretary of Homeland
            Security'';
                (31) section 44940 is amended--
                        (A) in subsection (a)--
                              (i) in paragraph (1)--
                                        (I) by striking ``Under Secretary of
                                    Transportation for Security'' and
                                    inserting ``Administrator of the
                                    Transportation Security
                                    Administration''; and
                                        (II) by striking the last two
                                    sentences; and
                              (ii) by adding at the end the following:
                ``(2) Determination of costs.--
                        ``(A) In general.--The amount of the costs under
                    paragraph (1) shall be determined by the Administrator
                    of the Transportation Security Administration and shall
                    not be subject to judicial review.
                        ``(B) Definition of federal law enforcement
                    personnel.--For purposes of paragraph (1)(A), the term
                    `Federal law enforcement personnel' includes State and
                    local law enforcement officers who are deputized under
                    section 44922.'';
                        (B) in subsections (b), (d), (e), (g), and (h), by
                    striking ``Under Secretary'' each place it appears and
                    inserting ``Administrator of the Transportation Security
                    Administration'';
                        (C) in subsection (d)--
                              (i) in paragraph (1)--
                                        (I) by striking ``within 60 days of
                                    the date of enactment of this Act, or'';
                                    and

    [[Page 132 STAT. 3640]]

                                        (II) by striking ``thereafter''; and
                              (ii) in paragraph (2), by striking
                          ``subsection (d)'' each place it appears and
                          inserting ``paragraph (1) of this subsection'';
                        (D) in subsection (e)(1), by striking ``Fees payable
                    to under secretary'' in the heading and inserting ``Fees
                    payable to administrator''; and
                        (E) in subsection (i)(4)--
                              (i) by striking subparagraphs (A) through (D);
                          and
                              (ii) by redesignating subparagraphs (E)
                          through (L) as subparagraphs (A) through (H),
                          respectively;
                (32) section 44941(a) is amended by inserting ``the
            Department of Homeland Security,'' after ``Department of
            Transportation,'';
                (33) section 44942 is amended--
                        (A) in subsection (a)--
                              (i) in paragraph (1)--
                                        (I) in the matter preceding
                                    subparagraph (A), by striking ``Within
                                    180 days after the date of enactment of
                                    the Aviation and Transportation Security
                                    Act, the Under Secretary for
                                    Transportation Security may, in
                                    consultation with'' and inserting ``The
                                    Administrator of the Transportation
                                    Security Administration may, in
                                    consultation with other relevant Federal
                                    agencies and''; and
                                        (II) in subparagraph (A), by
                                    striking ``, and'' and inserting ``;
                                    and''; and
                              (ii) in paragraph (2), by inserting a comma
                          after ``Federal Aviation Administration'';
                        (B) in subsection (b)--
                              (i) by striking ``(1) Performance plan and
                          report.--'';
                              (ii) by redesignating subparagraphs (A) and
                          (B) as paragraphs (1) and (2), respectively;
                              (iii) in paragraph (1), as redesignated--
                                        (I) by redesignating clauses (i) and
                                    (ii) as subparagraphs (A) and (B),
                                    respectively;
                                        (II) in subparagraph (A), as
                                    redesignated, by striking ``the
                                    Secretary and the Under Secretary for
                                    Transportation Security shall agree''
                                    and inserting ``the Secretary of
                                    Homeland Security and the Administrator
                                    of the Transportation Security
                                    Administration shall agree''; and
                                        (III) in subparagraph (B), as
                                    redesignated, by striking ``the
                                    Secretary, the Under Secretary for
                                    Transportation Security'' and inserting
                                    ``the Secretary of Homeland Security,
                                    the Administrator of the Transportation
                                    Security Administration,''; and
                              (iv) in paragraph (2), as redesignated, by
                          striking ``Under Secretary for Transportation
                          Security'' and inserting ``Administrator of the
                          Transportation Security Administration'';
                (34) section 44943 is amended--
                        (A) in subsection (a), by striking ``Under Secretary
                    for Transportation Security'' and inserting
                    ``Administrator of the Transportation Security
                    Administration'';

    [[Page 132 STAT. 3641]]

                        (B) in subsection (b)--
                              (i) in paragraph (1)--
                                        (I) by striking ``Secretary and
                                    Under Secretary of Transportation for
                                    Security'' and inserting ``Secretary of
                                    Homeland Security and Administrator of
                                    the Transportation Security
                                    Administration''; and
                                        (II) by striking ``Under Secretary''
                                    and inserting ``Administrator of the
                                    Transportation Security
                                    Administration''; and
                              (ii) in paragraph (2)--
                                        (I) by striking ``Under Secretary''
                                    the first place it appears and inserting
                                    ``Administrator of the Transportation
                                    Security Administration''; and
                                        (II) by striking ``Under Secretary
                                    shall'' each place it appears and
                                    inserting ``Administrator shall''; and
                        (C) in subsection (c), by striking ``Aviation
                    Security Act, the Under Secretary for Transportation
                    Security'' and inserting ``Aviation and Transportation
                    Security Act (Public Law 107-71; 115 Stat. 597), the
                    Administrator of the Transportation Security
                    Administration'';
                (35) section 44944 is amended--
                        (A) in subsection (a)--
                              (i) in paragraph (1), by striking ``Under
                          Secretary of Transportation for Transportation
                          Security'' and inserting ``Administrator of the
                          Transportation Security Administration''; and
                              (ii) in paragraph (4), by inserting ``the
                          Administrator of the Federal Aviation
                          Administration,'' after ``consult with''; and
                        (B) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                (36) section 44945(b) is amended by striking ``Assistant
            Secretary'' each place it appears and inserting ``Administrator
            of the Transportation Security Administration''; and
                (37) section 44946 is amended--
                        (A) in subsection (g)--
                              (i) by striking paragraph (2);
                              (ii) by redesignating paragraph (1) as
                          paragraph (2); and
                              (iii) by inserting before paragraph (2), as
                          redesignated, the following:
                ``(1) Administrator.--The term `Administrator' means the
            Administrator of the Transportation Security Administration.'';
                        (B) by striking ``Assistant Secretary'' each place
                    it appears and inserting ``Administrator'';
                        (C) in subsection (b)(4)--
                              (i) by striking ``the Secretary receives'' and
                          inserting ``the Administrator receives''; and
                              (ii) by striking ``the Secretary shall'' and
                          inserting ``the Administrator shall''; and
                        (D) in subsection (c)(1)(A), by striking ``Not later
                    than 180 days after the date of enactment of the
                    Aviation Security Stakeholder Participation Act of 2014,
                    the'' and inserting ``The''.

    [[Page 132 STAT. 3642]]

        (e) Chapter 451 Amendments.--Section 45107 is amended--
                (1) in subsection (a), by striking ``Under Secretary of
            Transportation for Security'' and inserting ``Administrator of
            the Transportation Security Administration''; and
                (2) in subsection (b), by striking the second sentence.

        (f) Chapter 461 Amendments.--Chapter 461 is amended--
                (1) in each of sections 46101(a)(1), 46102(a), 46103(a),
            46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking
            ``Under Secretary of Transportation for Security with respect to
            security duties and powers designated to be carried out by the
            Under Secretary'' and inserting ``Administrator of the
            Transportation Security Administration with respect to security
            duties and powers designated to be carried out by the
            Administrator of the Transportation Security Administration'';
                (2) in each of sections 46101, 46102(c), 46103, 46104,
            46105, 46107, and 46110 by striking ``or Administrator'' each
            place it appears and inserting ``or Administrator of the Federal
            Aviation Administration'';
                (3) in each of sections 46101(a)(1), 46102(a) 46103(a),
            46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking
            ``by the Administrator)'' and inserting ``by the Administrator
            of the Federal Aviation Administration)'';
                (4) in each of sections 46101, 46102, 46103, 46104, 46105,
            46107, and 46110 by striking ``Under Secretary,'' each place it
            appears and inserting ``Administrator of the Transportation
            Security Administration,'';
                (5) in section 46102--
                        (A) in subsection (b), by striking ``the
                    Administrator'' each place it appears and inserting
                    ``the Administrator of the Federal Aviation
                    Administration'';
                        (B) in subsection (c), by striking ``and
                    Administrator'' each place it appears and inserting
                    ``and Administrator of the Federal Aviation
                    Administration''; and
                        (C) in subsection (d), by striking ``the
                    Administrator, or an officer or employee of the
                    Administration'' in subsection (d) and inserting ``the
                    Administrator of the Federal Aviation Administration, or
                    an officer or employee of the Federal Aviation
                    Administration'';
                (6) in section 46104--
                        (A) by striking ``subpena'' each place it appears
                    and inserting ``subpoena''; and
                        (B) in subsection (b)--
                              (i) in the heading, by striking ``Subpenas''
                          and inserting ``Subpoenas''; and
                              (ii) by striking ``the Administrator, or'' and
                          inserting ``the Administrator of the Federal
                          Aviation Administration, or'';
                (7) in section 46105(c), by striking ``When the
            Administrator'' and inserting ``When the Administrator of the
            Federal Aviation Administration'';
                (8) in section 46109, by inserting ``(or the Administrator
            of the Transportation Security Administration with respect to
            security duties and powers designated to be carried out by

    [[Page 132 STAT. 3643]]

            the Administrator of the Transportation Security Administration
            or the Administrator of the Federal Aviation Administration with
            respect to aviation safety duties and powers designated to be
            carried out by the Administrator)'' after ``Secretary of
            Transportation''; and
                (9) in section 46111--
                        (A) in subsection (a)--
                              (i) by inserting ``the'' before ``Federal
                          Aviation Administration'';
                              (ii) by striking ``Administrator is'' and
                          inserting ``Administrator of the Federal Aviation
                          Administration is''; and
                              (iii) by striking ``Under Secretary for Border
                          and Transportation Security of the Department of
                          Homeland Security'' and inserting ``Administrator
                          of the Transportation Security Administration'';
                        (B) in subsections (b), (c), (e), and (g), by
                    striking ``Administrator'' each place it appears and
                    inserting ``Administrator of the Federal Aviation
                    Administration'';
                        (C) in subsection (g)(2)(A), by striking ``(18
                    U.S.C. App.)'' and inserting ``(18 U.S.C. App.))''; and
                        (D) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration''.

        (g) Chapter 463 Amendments.--Chapter 463 is amended--
                (1) in section 46301--
                        (A) in subsection (a)(5)--
                              (i) in subparagraph (A)(i), by striking ``or
                          chapter 451'' and inserting ``chapter 451''; and
                              (ii) in subparagraph (D), by inserting ``of
                          Transportation'' after ``Secretary'';
                        (B) in subsection (d)--
                              (i) in paragraph (2)--
                                        (I) by striking ``defined by the
                                    Secretary'' and inserting ``defined by
                                    the Secretary of Transportation''; and
                                        (II) by striking ``Administrator
                                    shall'' and inserting ``Administrator of
                                    the Federal Aviation Administration
                                    shall'';
                              (ii) in paragraphs (3), (4), (5), (6), (7),
                          and (8), by striking ``Administrator'' each place
                          it appears and inserting ``Administrator of the
                          Federal Aviation Administration''; and
                              (iii) in paragraph (8), by striking ``Under
                          Secretary'' and inserting ``Administrator of the
                          Transportation Security Administration'';
                        (C) in subsection (e), by inserting ``of
                    Transportation'' after ``Secretary'';
                        (D) in subsection (g), by striking ``Administrator''
                    and inserting ``Administrator of the Federal Aviation
                    Administration''; and
                        (E) in subsection (h)(2)--
                              (i) by striking ``Under Secretary of
                          Transportation for Security with respect to
                          security duties and powers designated to be
                          carried out by the Under Secretary'' and inserting
                          ``Administrator of the Transportation Security
                          Administration with respect to security duties

    [[Page 132 STAT. 3644]]

                          and powers designated to be carried out by the
                          Administrator of the Transportation Security
                          Administration''; and
                              (ii) by striking ``or the Administrator with
                          respect to aviation safety duties and powers
                          designated to be carried out by the
                          Administrator'' and inserting ``or the
                          Administrator of the Federal Aviation
                          Administration with respect to aviation safety
                          duties and powers designated to be carried out by
                          the Administrator of the Federal Aviation
                          Administration'';
                (2) in section 46304(b), by striking ``or the Administrator
            of the Federal Aviation Administration with respect to aviation
            safety duties and powers designated to be carried out by the
            Administrator'' and inserting ``or the Administrator of the
            Federal Aviation Administration with respect to aviation safety
            duties and powers designated to be carried out by the
            Administrator of the Federal Aviation Administration'';
                (3) in section 46311--
                        (A) in subsection (a)--
                              (i) in the matter preceding paragraph (1)--
                                        (I) by striking ``Under Secretary of
                                    Transportation for Security with respect
                                    to security duties and powers designated
                                    to be carried out by the Under
                                    Secretary'' and inserting
                                    ``Administrator of the Transportation
                                    Security Administration with respect to
                                    security duties and powers designated to
                                    be carried out by the Administrator of
                                    the Transportation Security
                                    Administration'';
                                        (II) by striking ``the Administrator
                                    of the Federal Aviation Administration
                                    with respect to aviation safety duties
                                    and powers designated to be carried out
                                    by the Administrator'' and inserting
                                    ``or the Administrator of the Federal
                                    Aviation Administration with respect to
                                    aviation safety duties and powers
                                    designated to be carried out by the
                                    Administrator of the Federal Aviation
                                    Administration'';
                                        (III) by striking ``Administrator
                                    shall'' and inserting ``Administrator of
                                    the Federal Aviation Administration
                                    shall''; and
                                        (IV) by striking ``Administrator,''
                                    and inserting ``Administrator of the
                                    Federal Aviation Administration,''; and
                              (ii) in paragraph (1), by striking
                          ``Administrator'' and inserting ``Administrator of
                          the Federal Aviation Administration'';
                        (B) in subsections (b) and (c), by striking
                    ``Administrator'' each place it appears and inserting
                    ``Administrator of the Federal Aviation
                    Administration''; and
                        (C) by striking ``Under Secretary'' each place it
                    appears and inserting ``Administrator of the
                    Transportation Security Administration'';
                (4) in section 46313--
                        (A) by striking ``Under Secretary of Transportation
                    for Security with respect to security duties and powers
                    designated to be carried out by the Under Secretary''
                    and inserting ``Administrator of the Transportation
                    Security

    [[Page 132 STAT. 3645]]

                    Administration with respect to security duties and
                    powers designated to be carried out by the Administrator
                    of the Transportation Security Administration'';
                        (B) by striking ``or the Administrator of the
                    Federal Aviation Administration with respect to aviation
                    safety duties and powers designated to be carried out by
                    the Administrator'' and inserting ``or the Administrator
                    of the Federal Aviation Administration with respect to
                    aviation safety duties and powers designated to be
                    carried out by the Administrator of the Federal Aviation
                    Administration''; and
                        (C) by striking ``subpena'' and inserting
                    ``subpoena''; and
                (5) in section 46316(a)--
                        (A) by striking ``Under Secretary of Transportation
                    for Security with respect to security duties and powers
                    designated to be carried out by the Under Secretary''
                    and inserting ``Administrator of the Transportation
                    Security Administration with respect to security duties
                    and powers designated to be carried out by the
                    Administrator of the Transportation Security
                    Administration''; and
                        (B) by striking ``or the Administrator of the
                    Federal Aviation Administration with respect to aviation
                    safety duties and powers designated to be carried out by
                    the Administrator'' and inserting ``or the Administrator
                    of the Federal Aviation Administration with respect to
                    aviation safety duties and powers designated to be
                    carried out by the Administrator of the Federal Aviation
                    Administration''.

        (h) Chapter 465 Amendments.--Chapter 465 is amended--
                (1) in section 46505(d)(2), by striking ``Under Secretary of
            Transportation for Security'' and inserting ``Administrator of
            the Transportation Security Administration''; and
                (2) in the table of contents for chapter 465 of subtitle
            VII, by <<NOTE: 49 USC 46501 prec.>>  striking the following:

    ``46503. Repealed.''.

        (i) <<NOTE: 49 USC 8301 prec. 49 USC 8301.>>  Chapter 483 Repeal.--
                (1) In general.--Chapter 483 is repealed.
                (2) Conforming amendment.--The table of contents for
            subtitle VII <<NOTE: 49 USC 40101 prec.>>  is amended by
            striking the following:

    ``483. Aviation security funding................................48301''.

        (j) Authority To Exempt.--
                (1) In general.--Subchapter II of chapter 449 is amended by
            inserting before section 44933 the following:
    ``Sec. 44931. <<NOTE: 49 USC 44931 note.>>  Authority to exempt

        ``The Secretary of Homeland Security may grant an exemption from a
    regulation prescribed in carrying out sections 44901, 44903, 44906,
    44909(c), and 44935-44937 of this title when the Secretary decides the
    exemption is in the public interest.
    ``Sec. 44932. <<NOTE: 49 USC 44932 note.>>  Administrative

        ``(a) General Authority.--The Secretary of Homeland Security or the
    Administrator of the Transportation Security Administration may take
    action the Secretary or the Administrator considers necessary to carry
    out this chapter and chapters 461, 463, and 465

    [[Page 132 STAT. 3646]]

    of this title, including conducting investigations, prescribing
    regulations, standards, and procedures, and issuing orders.
        ``(b) Indemnification.--The Administrator of the Transportation
    Security Administration may indemnify an officer or employee of the
    Transportation Security Administration against a claim or judgment
    arising out of an act that the Administrator decides was committed
    within the scope of the official duties of the officer or employee.''.
                (2) Table of contents.--The table of contents of chapter 449
            is <<NOTE: 49 USC 44901 prec.>>  amended by inserting before the
            item relating to section 44933 the following:

    ``44931. Authority to exempt.
    ``44932. Administrative.''.

    SEC. 1992. TABLE OF CONTENTS OF CHAPTER 449.

        The table of contents of chapter 449 <<NOTE: 49 USC 44901 prec.>>
    is amended--
                (1) in the item relating to section 44922, by striking
            ``Deputation'' and inserting ``Deputization''; and
                (2) by inserting after section 44941 the following:

    ``44942. Performance goals and objectives.
    ``44943. Performance management system.''.

    SEC. 1993. OTHER LAWS; INTELLIGENCE REFORM AND TERRORISM
                              PREVENTION ACT OF 2004.

        Section 4016(c) of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (49 U.S.C. 44917 note) is amended--
                (1) in paragraph (1), by striking ``Assistant Secretary for
            Immigration and Customs Enforcement'' and inserting
            ``Administrator of the Transportation Security Administration'';
            and
                (2) in paragraph (2), by striking ``Assistant Secretary for
            Immigration and Customs Enforcement and the Director of Federal
            Air Marshal Service of the Department of Homeland Security, in
            coordination with the Assistant Secretary of Homeland Security
            (Transportation Security Administration),'' and inserting
            ``Administrator of the Transportation Security Administration
            and the Director of Federal Air Marshal Service of the
            Department of Homeland Security''.
    SEC. 1994. <<NOTE: 49 USC 114 note.>>  SAVINGS PROVISIONS.

        References relating to the Under Secretary of Transportation for
    Security in statutes, Executive orders, rules, regulations, directives,
    or delegations of authority that precede the effective date

    [[Page 132 STAT. 3647]]

    of this Act shall be deemed to refer, as appropriate, to the
    Administrator of the Transportation Security Administration.

        Approved October 5, 2018.

    LEGISLATIVE HISTORY--H.R. 302 (S. 808):
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
                                                            Vol. 163 (2017):
                                        Jan. 9, considered and passed House.
                                                            Vol. 164 (2018):
                                        Sept. 6, considered and passed
                                            Senate, amended.
                                        Sept. 26, House concurred in Senate
                                            amendment with an amendment
                                            pursuant to H. Res. 1082.
                                        Sept. 28, Oct. 1-3, Senate concurred
                                            in House amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
                Oct. 5, Presidential statement.

                                      <all>