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



[[Page 3185]]

                     FAA REAUTHORIZATION ACT OF 2018

                                     

                                     

                                     

                                     





<star> (Star Print)


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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>