    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

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

    (a) <>  Short Title.--This Act may be
    cited as the ``FAA Reauthorization Act of 2018''.

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

    Sec. 1. Short title; table of contents.

    DIVISION A--SPORTS MEDICINE LICENSURE

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

    DIVISION B--FAA REAUTHORIZATION ACT OF 2018

    Sec. 101. Definition of appropriate committees of Congress.

    TITLE I--AUTHORIZATIONS

    Subtitle A--Funding of FAA Programs

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

    Subtitle B--Passenger Facility Charges

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

    Subtitle C--Airport Improvement Program Modifications

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

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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.

    [[Page 3192]]

    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.

    [[Page 3195]]

    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 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 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 <> --
    SPORTS MEDICINE LICENSURE
    SEC. 11. <>  SHORT TITLE.

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

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

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

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

    [[Page 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 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. <>  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 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 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, <>  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 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 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 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 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 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 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 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 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) <>  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 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. <>  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 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, <>  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 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 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 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 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 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 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. <> 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 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. <>  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 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 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) <>  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 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, <>  is amended by
    striking the item relating to section 47134 and inserting the following:

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

    SEC. 161. <>  REMOTE TOWER PILOT PROGRAM
    FOR RURAL AND SMALL COMMUNITIES.

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

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

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

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

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

    [[Page 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 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, <>  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 3227]]

    SEC. 167. <>  BUY AMERICA REQUIREMENTS.

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

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

    Subtitle D--Airport Noise and Environmental Streamlining

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

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

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

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

    [[Page 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. <>  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 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 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. <>  REGIONAL OMBUDSMEN.

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

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

    [[Page 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 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 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 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 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 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 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. <>  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 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 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 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 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) <>  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 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. <>  DEFINITIONS.

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

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

    [[Page 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 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 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 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. <>  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 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. <>  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 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 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, <>  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 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 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 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. <>  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 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 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. <>  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 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. <>  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 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 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 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 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. <>  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 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. <>  DEFINITIONS.

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

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

    [[Page 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. <>  SAFETY CRITICAL STAFFING.

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

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

    [[Page 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 3263]]

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

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

    (a) Study Required.--Not later than 30 days after the date of
    enactment of this Act, the Administrator, in coordination with the
    Chairman of the National Transportation Safety Board, shall initiate a
    study of general aviation safety.
    (b) Study Contents.--The study required under subsection (a) shall
    include--
    (1) a review of all general aviation accidents since 2000,
    including a review of--
    (A) the number of such accidents;
    (B) the number of injuries and fatalities, including
    with respect to both occupants of aircraft and
    individuals on the ground, as a result of such
    accidents;
    (C) the number of such accidents investigated by the
    National Transportation Safety Board;
    (D) the number of such accidents investigated by the
    FAA; and
    (E) a summary of the factual findings and probable
    cause determinations with respect to such accidents;
    (2) an assessment of the most common probable cause
    determinations issued for general aviation accidents since 2000;
    (3) an assessment of the most common facts analyzed by the
    FAA and the National Transportation Safety Board in the course
    of investigations of general aviation accidents since 2000,
    including operational details;
    (4) a review of the safety recommendations of the National
    Transportation Safety Board 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 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 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) <>  In General.--Not later than 1 year
    after the date of enactment of this Act, the Administrator, in
    collaboration with helicopter air ambulance industry stakeholders, shall
    assess the availability of information to the general public related to
    the location of heliports and helipads used by helicopters providing air
    ambulance services, including helipads and helipads outside of those
    listed as part of any existing databases of Airport Master Record (5010)
    forms.

    (b) <>  Requirements.--Based on the
    assessment under subsection (a), the Administrator shall--

    [[Page 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) <>  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 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. <>  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 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. <>  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 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, <>  is amended by adding
    at the end the following:

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

    SEC. 318. <>
    APPLICABILITY OF MEDICAL CERTIFICATION
    STANDARDS TO OPERATORS OF AIR BALLOONS.

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

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

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

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

    [[Page 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. <>  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 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. <>  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 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. <>  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 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. <>  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 3274]]

    SEC. 333. <>  SAFE AIR TRANSPORTATION OF
    LITHIUM CELLS AND BATTERIES.

    (a) Harmonization With ICAO Technical Instructions.--
    (1) Adoption of icao instructions.--
    (A) In general.--Pursuant to section 828 of the FAA
    Modernization and Reform Act of 2012 (49 U.S.C. 44701
    note), not later than 90 days after the date of
    enactment of this Act, the Secretary of Transportation
    shall conform United States regulations on the air
    transport of lithium cells and batteries with the
    lithium cells and battery requirements in the 2015-2016
    edition of the International Civil Aviation
    Organization's (referred to in this subsection as
    ``ICAO'') Technical Instructions (to include all
    addenda), including the revised standards adopted by
    ICAO which became effective on April 1, 2016 and any
    further revisions adopted by ICAO prior to the effective
    date of the FAA Reauthorization Act of 2018.
    (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 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 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 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 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 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 3280]]

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

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

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

    [[Page 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. <>
    SECONDARY COCKPIT BARRIERS.

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

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

    (a) Review.--The Administrator of the Federal Aviation
    Administration shall review--
    (1) evacuation certification of transport-category aircraft
    used in air transportation, with regard to--
    (A) emergency conditions, including impacts into
    water;
    (B) crew procedures used for evacuations under
    actual emergency conditions;
    (C) any relevant changes to passenger demographics
    and legal requirements, including the Americans with
    Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), that
    affect emergency evacuations; and
    (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 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. <>  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 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. <>  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 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, <>  is amended by inserting after
    chapter 447 the following:

    ``CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS

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

    ``Sec. 44801. <>  Definitions

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

    [[Page 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. <>  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 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 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, <>  is amended by inserting after the item relating to
    chapter 447 the following:

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

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

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

    [[Page 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. <>  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 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 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, <> is further amended by
    adding at the end the following:

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

    SEC. 344. SMALL UNMANNED AIRCRAFT IN THE ARCTIC.

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

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

    [[Page 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. <>  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 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 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) <>  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 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. <> 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 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) <>  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 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. <>  Special authority for
    certain unmanned aircraft systems

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

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

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

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

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

    [[Page 3297]]

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

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

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

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

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

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

    [[Page 3298]]

    ``Sec. 44809. <>  Exception for limited
    recreational operations of unmanned aircraft

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

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

    [[Page 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 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 <>  by this Act, is further amended by adding at
    the end the following:

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

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

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

    [[Page 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. <>  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 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 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 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. <>  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 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. <> TREATMENT OF UNMANNED
    AIRCRAFT OPERATING UNDERGROUND.

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

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

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

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

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

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

    [[Page 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 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 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. <> 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 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 3310]]

    SEC. 365. <>  COOPERATION RELATED TO
    CERTAIN COUNTER-UAS TECHNOLOGY.

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

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

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

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

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

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

    [[Page 3311]]

    or tribal law enforcement organizations in conducting law enforcement,
    emergency response, or for other activities.
    SEC. 369. <>  APPLICATIONS FOR
    DESIGNATION.

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

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

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

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

    [[Page 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. <>  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 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 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. <>  FEDERAL TRADE COMMISSION
    AUTHORITY.

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

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

    [[Page 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 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 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. <> 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 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. <>  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 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. <>  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 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. <>  Operation of unauthorized
    unmanned aircraft over wildfires

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

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

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

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

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

    [[Page 3321]]

    ``Sec. 44810. <>  Airport safety and airspace
    hazard mitigation and enforcement

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

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

    [[Page 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, <>  is
    further amended by inserting at the end the following:

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

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

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

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

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

    [[Page 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, <>  is amended by
    inserting after the item relating to section 39A the following:

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

    Subtitle C <> --General Aviation Safety
    SEC. 391. <>  SHORT TITLE.

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

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

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

    [[Page 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 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. <> 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 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. <>  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 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 <>  is amended by inserting after
    the item relating to section 47124 the following:

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

    SEC. 396. <>  AUTHORITY FOR LEGAL
    COUNSEL TO ISSUE CERTAIN NOTICES.

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

    [[Page 3328]]

    TITLE IV--AIR SERVICE IMPROVEMENTS

    Subtitle A--Airline Customer Service Improvements

    SEC. 401. <>  DEFINITIONS.

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

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

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

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

    [[Page 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, <>  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 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. <>  TRAINING POLICIES
    REGARDING RACIAL, ETHNIC, AND RELIGIOUS
    NONDISCRIMINATION.

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

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

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

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

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

    [[Page 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. <>  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 3332]]

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

    ``41726. Strollers.''.

    SEC. 413. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS.

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

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

    [[Page 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 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. <>  Pets on airplanes

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

    ``44739. Pets on airplanes.''.

    SEC. 418. <>  ADVISORY COMMITTEE
    ON AIR AMBULANCE AND PATIENT BILLING.

    (a) In General.--Not later than 60 days after the date of enactment
    of this Act, the Secretary of Transportation, in consultation with the
    Secretary of Health and Human Services, shall establish an advisory
    committee for the purpose of reviewing options to improve the disclosure
    of charges and fees 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 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 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 3337]]

    SEC. 421. <>  REFUNDS FOR OTHER
    FEES THAT ARE NOT HONORED BY A COVERED AIR
    CARRIER.

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

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

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

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

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

    (c) Aviation Consumer Advocate.--

    [[Page 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. <>  TICKETS ACT.

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

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

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

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

    [[Page 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 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. <>  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 3341]]

    ``Sec. 42304. <>  Widespread disruptions

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

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

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

    ``42304. Widespread disruptions.''.

    SEC. 429. <>  PASSENGER RIGHTS.

    (a) Guidelines.--Not later than 90 days after the date of enactment
    of this Act, the Secretary of Transportation shall require each covered
    air carrier to submit a summarized 1-page document that describes the
    rights of passengers in air transportation, including guidelines for the
    following:
    (1) Compensation (regarding rebooking options, refunds,
    meals, and lodging) for flight delays of various lengths.
    (2) Compensation (regarding rebooking options, refunds,
    meals, and lodging) for flight diversions.
    (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 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. <>  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 3343]]

    SEC. 434. <>  AIRLINE PASSENGERS WITH
    DISABILITIES BILL OF RIGHTS.

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

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

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

    It is the sense of Congress that--

    [[Page 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. <>  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 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. <>  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 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 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. <>  REGULATIONS ENSURING
    ASSISTANCE FOR PASSENGERS WITH
    DISABILITIES IN AIR TRANSPORTATION.

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

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

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

    Subtitle C--Small Community Air Service

    SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION.

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

    [[Page 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 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 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) <>  is amended by adding at the end
    the following:

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

    TITLE V--MISCELLANEOUS

    SEC. 501. <>  DEFINITIONS.

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

    [[Page 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 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. <>  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 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. <>  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 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. <>  SECURING AIRCRAFT AVIONICS
    SYSTEMS.

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

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

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

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

    [[Page 3355]]

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

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

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

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

    (a) Purpose and Input.--Section 804(a) of the FAA Modernization and
    Reform Act of 2012 (49 U.S.C. 44501 note) is amended--
    (1) in paragraph (2) by striking ``The purpose of the report
    shall be--'' and all that follows through ``(B) to reduce'' and
    inserting ``The purpose of the report shall be to reduce''; and
    (2) by striking paragraph (4) and inserting the following:
    ``(4) Input.--The report shall be prepared by the
    Administrator (or the Administrator's designee) with the
    participation of--
    ``(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 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. <>  FAA REVIEW AND REFORM.

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

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

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

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

    [[Page 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. <>  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 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. <>  PILOTS SHARING FLIGHT
    EXPENSES WITH PASSENGERS.

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

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

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

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

    [[Page 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. <>  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 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 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 3362]]

    Federal Aviation Administration within United States
    airspace or international airspace delegated to the
    United States.''.
    SEC. 520. <>  INTRA-AGENCY COORDINATION.

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

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

    [[Page 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) <>  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 3364]]

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

    ``44507. Regions and centers.''.

    SEC. 525. <>  GEOSYNTHETIC MATERIALS.

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

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

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

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

    [[Page 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. <>  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 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. <>  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 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 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 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 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, <>  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 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, <>  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 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 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 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 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 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. <>  FAA CIVIL AVIATION
    REGISTRY UPGRADE.

    (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Administrator of the Federal Aviation Administration
    shall complete covered upgrades of the Administration's Civil Aviation
    Registry (in this section referred to as the ``Registry'').
    (b) Covered Upgrade Defined.--In this section, the term ``covered
    upgrades'' means--
    (1) the digitization of nondigital Registry information,
    including paper documents, microfilm images, and photographs,
    from an analog or nondigital format to a digital format;
    (2) the digitalization of Registry manual and paper-based
    processes, business operations, and functions by leveraging
    digital technologies and a broader use of digitized data;
    (3) the implementation of systems allowing a member of the
    public to submit any information or form to the Registry and
    conduct any transaction with the Registry by electronic or other
    remote means; and
    (4) allowing more efficient, broader, and remote access to
    the Registry.

    (c) Applicability.--The requirements of subsection (a) shall apply
    to the entire Civil Aviation Registry, including the Aircraft
    Registration Branch and the Airmen Certification Branch.
    (d) Manual Surcharge.--Chapter 453 of title 49, United States Code,
    is amended by adding at the end the following:
    ``Sec. 45306. <>  Manual surcharge

    ``(a) In General.--Not later 3 years after the date of enactment of
    the FAA Reauthorization Act of 2018, the Administrator shall impose and
    collect a surcharge on a Civil Aviation Registry transaction that--
    ``(1) is conducted in person at the Civil Aviation Registry;
    ``(2) could be conducted, as determined by the
    Administrator, with the same or greater level of efficiency by
    electronic or other remote means; and

    [[Page 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. <>  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 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. <>  TREATMENT OF MULTIYEAR
    LESSEES OF LARGE AND TURBINE-POWERED
    MULTIENGINE AIRCRAFT.

    The Secretary of Transportation shall revise such regulations as may
    be necessary to ensure that multiyear lessees and owners of large and
    turbine-powered multiengine aircraft are treated equally for purposes of
    joint ownership policies of the FAA.
    SEC. 551. <>  EMPLOYEE ASSAULT
    PREVENTION AND RESPONSE PLANS.

    (a) In General.--Not later than 90 days after the date of enactment
    of this Act, each air carrier operating under part 121 of title 14, Code
    of Federal Regulations (in this section referred to as a ``part 121 air
    carrier''), shall submit to the Administrator for review and acceptance
    an Employee Assault Prevention and Response Plan related to the customer
    service agents of the air carrier and that is developed in consultation
    with the labor union representing such agents.
    (b) Contents of Plan.--An Employee Assault Prevention and Response
    Plan submitted under subsection (a) shall include the following:
    (1) Reporting protocols for air carrier customer service
    agents who have been the victim of a verbal or physical assault.
    (2) Protocols for the immediate notification of law
    enforcement after an incident of verbal or physical assault
    committed against an air carrier customer service agent.
    (3) Protocols for informing Federal law enforcement with
    respect to violations of section 46503 of title 49, United
    States Code.
    (4) Protocols for ensuring that a passenger involved in a
    violent incident with a customer service agent of an air carrier
    is not allowed to move through airport security or board

    [[Page 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. <>  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 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. <>  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 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. <>  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 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 3383]]

    SEC. 556. <> AIRCRAFT REGISTRATION.

    (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall initiate a rulemaking to increase
    the duration of aircraft registrations for noncommercial general
    aviation aircraft to 7 years.
    (b) Considerations.--In promulgating the notice of proposed
    rulemaking described in subsection (a), the Administrator may consider
    any events, circumstances, changes in any ownership entity or structure,
    or other condition that would necessitate renewal prior to the
    expiration of an aircraft registration.
    SEC. 557. REQUIREMENT TO CONSULT WITH STAKEHOLDERS IN DEFINING
    SCOPE AND REQUIREMENTS FOR FUTURE FLIGHT
    SERVICE PROGRAM.

    Not later than 180 days after the date of enactment of this Act, the
    Administrator shall consult with stakeholders in defining the scope and
    requirements for any new Future Flight Service Program of the
    Administration to be used in a competitive source selection for the next
    flight service contract with the Administration.
    SEC. 558. <>  FEDERAL AVIATION
    ADMINISTRATION PERFORMANCE MEASURES AND
    TARGETS.

    (a) Performance Measures.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Transportation shall establish
    performance measures relating to the management of the Administration,
    which shall, at a minimum, include measures to assess--
    (1) the timely and cost-effective completion of projects;
    and
    (2) the effectiveness of the Administration in achieving the
    goals described in section 47171 of title 49, United States
    Code.

    (b) Performance Targets.--Not later than 180 days after the date on
    which the Secretary establishes performance measures in accordance with
    subsection (a), the Secretary shall establish performance targets
    relating to each of the measures described in that subsection.
    (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the inspector general of the Department of Transportation
    shall submit to the appropriate committees of Congress a report
    describing the progress of the Secretary in meeting the performance
    targets established under subsection (b).
    SEC. 559. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES IN
    THE NEW YORK CITY AND NEWARK REGION.

    Not later than 90 days after the date of enactment of this Act, the
    Administrator shall submit to the appropriate committees of Congress a
    report on the Administration's staffing and scheduling plans for air
    traffic control facilities in the New York City and Newark region for
    the 1-year period beginning on such date of enactment.
    SEC. 560. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA
    METROPOLITAN AREA AIRSPACE PROJECT.

    Not later than 90 days after the date of enactment of this Act, the
    Administrator shall develop and publish in the Federal Register a work
    plan for the New York/New Jersey/Philadelphia Metropolitan Area Airspace
    Project.

    [[Page 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. <>  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 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. <>  AVIATION FUEL.

    (a) Use of Unleaded Aviation Gasoline.--The Administrator shall
    allow the use of an unleaded aviation gasoline in an aircraft as a
    replacement for a leaded gasoline if the Administrator--
    (1) determines that the unleaded aviation gasoline qualifies
    as a replacement for an approved leaded gasoline;
    (2) identifies the aircraft and engines that are eligible to
    use the qualified replacement unleaded gasoline; and
    (3) adopts a process (other than the traditional means of
    certification) to allow eligible aircraft and engines to operate
    using qualified replacement unleaded gasoline in a manner that
    ensures safety.

    (b) Timing.--The Administrator shall adopt the process described in
    subsection (a)(3) not later than 180 days after the later of--
    (1) the date on which the Administration completes the
    Piston Aviation Fuels Initiative; or
    (2) the date on which the American Society for Testing and
    Materials publishes a production specification for an unleaded
    aviation gasoline.

    (c) Type Certification.--Existing regulatory mechanisms by which an
    unleaded aviation gasoline can be approved for use in an engine or
    aircraft by Type or Supplemental Type Certificate for individual
    aircraft and engine types or by Approved Model List Supplemental Type
    Certificate providing coverage for a broad range of applicable types of
    aircraft or engines identified in the application shall continue to be
    fully available as a means of approving and bringing an unleaded
    aviation gasoline into general use in the United States. Such approvals
    shall be issued when the Administrator finds that the aircraft or engine
    performs properly and meets the applicable regulations and minimum
    standards under the normal certification process.
    SEC. 566. <>  RIGHT TO PRIVACY WHEN
    USING AIR TRAFFIC CONTROL SYSTEM.

    Notwithstanding any other provision of law, the Administrator shall,
    upon request of a private aircraft owner or operator, block the
    registration number of the aircraft of the owner or operator from any
    public dissemination or display, except in data made available to a
    Government agency, for the noncommercial flights of the owner or
    operator.

    [[Page 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 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 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 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 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 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 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 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 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. <>  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 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 <>  515--OFFICE OF SPACEPORTS
    ``Sec. 51501. <>  Establishment of Office of
    Spaceports

    ``(a) Establishment of Office.--Not later than 90 days after the
    date of enactment of this section, the Secretary of Transportation shall
    identify, within the Office of Commercial Space Transportation, a
    centralized policy office to be known as the Office of Spaceports.
    ``(b) Functions.--The Office of Spaceports shall--
    ``(1) support licensing activities for operation of launch
    and reentry sites;
    ``(2) develop policies that promote infrastructure
    improvements at spaceports;
    ``(3) provide technical assistance and guidance to
    spaceports;
    ``(4) promote United States spaceports within the
    Department; and
    ``(5) strengthen the Nation's competitiveness in commercial
    space transportation infrastructure and increase resilience for
    the Federal Government and commercial customers.

    ``(c) Recognition.--In carrying out the functions assigned in
    subsection (b), the Secretary shall recognize the unique needs and
    distinctions of spaceports that host--
    ``(1) launches to or reentries from orbit; and
    ``(2) are involved in suborbital launch activities.

    ``(d) Director.--The head of the Office of the Associate
    Administrator for Commercial Space Transportation shall designate a
    Director of the Office of Spaceports.
    ``(e) Definition.--In this section the term `spaceport' means a
    launch or reentry site that is operated by an entity licensed by the
    Secretary of Transportation.''.

    [[Page 3396]]

    (2) Technical and conforming amendment.--The table of
    chapters of title 51, United States Code, <>  is amended by adding at the end of subtitle V the
    following:

    ``515. Office of Spaceports.....................................51501''.

    (c) Report on National Spaceports Policy.--
    (1) Sense of congress.--It is the sense of Congress that--
    (A) A robust network of space transportation
    infrastructure, including spaceports, is vital to the
    growth of the domestic space industry and America's
    competitiveness and access to space.
    (B) Non-Federal spaceports have significantly
    increased the space transportation infrastructure of the
    United States through significant investments by State
    and local governments, which have encouraged greater
    private investment.
    (C) These spaceports have led to the development of
    a growing number of orbital and suborbital launch and
    reentry sites that are available to the national
    security, civil, and commercial space customers at
    minimal cost to the Federal Government.
    (D) The Federal Government, led by the Secretary of
    Transportation, should seek to promote the growth,
    resilience, and capabilities of this space
    transportation infrastructure through policies and
    through partnerships with State and local governments.
    (2) Report.--Not later than 1 year after the date of
    enactment of this Act, the Secretary of Transportation shall
    submit to Congress a report that--
    (A) evaluates the Federal Government's national
    security and civil space transportation demands and the
    needs of the United States and international commercial
    markets;
    (B) proposes policies and programs designed to
    ensure a robust and resilient orbital and suborbital
    spaceport infrastructure to serve and capitalize on
    these space transportation opportunities;
    (C) reviews the development and investments made by
    international competitors in foreign spaceports, to the
    extent practicable;
    (D) makes recommendations on how the Federal
    Government can support, encourage, promote, and
    facilitate greater investments in infrastructure at
    spaceports; and
    (E) considers and makes recommendations about how
    spaceports can fully support and enable the national
    space policy.
    (3) Updates to the report.--Not later than 3 years after the
    date of enactment of this Act and every 2 years until December
    2024, the Secretary shall--
    (A) update the previous report prepared under this
    subsection; and
    (B) submit the updated report to Congress.
    (4) Consultations required.--In preparing the reports
    required by this subsection, the Secretary shall consult with
    individuals including--
    (A) the Secretary of Defense;
    (B) the Secretary of Commerce;

    [[Page 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 3398]]

    ``Sec. 44737. <>  Special rule for certain
    aircraft operations.

    ``(a) In General.--The operator of an aircraft with a special
    airworthiness certification in the experimental category may--
    ``(1) operate the aircraft for the purpose of conducting a
    space support vehicle flight (as that term is defined in chapter
    50902 of title 51); and
    ``(2) conduct such flight under such certificate carrying
    persons or property for compensation or hire--
    ``(A) notwithstanding any rule or term of a
    certificate issued by the Administrator of the Federal
    Aviation Administration that would prohibit flight for
    compensation or hire; or
    ``(B) without obtaining a certificate issued by the
    Administrator to conduct air carrier or commercial
    operations.

    ``(b) Limited Applicability.--Subsection (a) shall apply only to a
    space support vehicle flight that satisfies each of the following:
    ``(1) (1) The aircraft conducting the space support vehicle
    flight--
    ``(A) takes flight and lands at a single site that
    is operated by an entity licensed for operation under
    chapter 509 of title 51;
    ``(B) is owned or operated by a launch or reentry
    vehicle operator licensed under chapter 509 of title 51,
    or on behalf of a launch or reentry vehicle operator
    licensed under chapter 509 of title 51;
    ``(C) is a launch vehicle, a reentry vehicle, or a
    component of a launch or reentry vehicle licensed for
    operations pursuant to chapter 509 of title 51; and
    ``(D) is used only to simulate space flight
    conditions in support of--
    ``(i) training for potential space flight
    participants, government astronauts, or crew (as
    those terms are defined in chapter 509 of title
    51);
    ``(ii) the testing of hardware to be used in
    space flight; or
    ``(iii) research and development tasks, which
    require the unique capabilities of the aircraft
    conducting the flight.

    ``(c) Rules of Construction.--
    ``(1) Space support vehicles.--Section 44711(a)(1) shall not
    apply to a person conducting a space support vehicle flight
    under this section only to the extent that a term of the
    experimental certificate under which the person is operating the
    space support vehicle prohibits the carriage of persons or
    property for compensation or hire.
    ``(2) Authority of administrator.--Nothing in this section
    shall be construed to limit the authority of the Administrator
    of the Federal Aviation Administration to exempt a person from a
    regulatory prohibition on the carriage of persons or property
    for compensation or hire subject to terms and conditions other
    than those described in this section''.
    (2) Technical amendment.--The table of contents of 447 of
    title 49, United States Code, <>  as
    amended by this Act, is further amended by adding at the end the
    following:

    ``Sec. 44737. Special rule for certain aircraft operations.''.

    [[Page 3399]]

    (3) <>  Rule of construction
    relating to role of nasa.--Nothing in this subsection shall be
    construed as limiting the ability of National Aeronautics and
    Space Administration (NASA) to place conditions on or otherwise
    qualify the operations of NASA contractors providing NASA
    services.
    SEC. 582. <>  PORTABILITY OF REPAIRMAN
    CERTIFICATES.

    (a) In General.--The Administrator shall assign to the Aviation
    Rulemaking Advisory Committee the task of making recommendations with
    respect to the regulatory and policy changes, as appropriate, to allow a
    repairman certificate issued under section 65.101 of title 14, Code of
    Federal Regulations, to be portable from one employing certificate
    holder to another.
    (b) Action Based on Recommendations.--Not later than 1 year after
    receiving recommendations under subsection (a), the Administrator may
    take such action as the Administrator considers appropriate with respect
    to those recommendations.
    SEC. 583. <>  UNDECLARED HAZARDOUS
    MATERIALS PUBLIC AWARENESS CAMPAIGN.

    (a) In General.--The Secretary of Transportation shall carry out a
    public awareness campaign to reduce the amount of undeclared hazardous
    materials traveling through air commerce.
    (b) Campaign Requirements.--The public awareness campaign required
    under subsection (a) shall do the following:
    (1) Focus on targeting segments of the hazardous materials
    industry with high rates of undeclared shipments through air
    commerce and educate air carriers, shippers, manufacturers, and
    other relevant stakeholders of such segments on properly
    packaging and classifying such shipments.
    (2) Educate the public on proper ways to declare and ship
    hazardous materials, examples of everyday items that are
    considered hazardous materials, and penalties associated with
    intentional shipments of undeclared hazardous materials.

    (c) Interagency Working Group.--
    (1) Establishment.--Not later than 30 days after the date of
    enactment of this Act, the Secretary of Transportation shall
    establish an interagency working group to promote collaboration
    and engagement between the Department of Transportation and
    other relevant agencies, and develop recommendations and
    guidance on how best to conduct the public awareness campaign
    required under subsection (a).
    (2) Duties.--The interagency working group shall consult
    with relevant stakeholders, including cargo air carriers,
    passenger air carriers, and labor organizations representing
    pilots for cargo and passenger air carriers operating under part
    121 of title 14, Code of Federal Regulations.

    (d) Update.--Not later than 1 year after the date of enactment of
    this Act, the Secretary of Transportation shall provide to the
    appropriate committees of Congress an update on the status of the public
    awareness campaign required under subsection (a).
    SEC. 584. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY FOR
    THE PUBLIC BENEFIT.

    Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503)
    is amended--
    (1) by redesignating subsections (b) through (f) as
    subsections (c) through (g), respectively;

    [[Page 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 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 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 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 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. <>  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 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. <>  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 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 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. <>  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 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. <>  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 3409]]

    TITLE <>  VII--FLIGHT R&D ACT

    Subtitle A--General Provisions

    SEC. 701. <>  SHORT TITLE.

    This title may be cited as the ``FAA Leadership in Groundbreaking
    High-Tech Research and Development Act'' or the ``FLIGHT R&D Act''.
    SEC. 702. <>  DEFINITIONS.

    In this title, the following definitions apply:
    (1) Administrator.--The term ``Administrator'' means the
    Administrator of the Federal Aviation Administration.
    (2) FAA.--The term ``FAA'' means the Federal Aviation
    Administration.
    (3) NASA.--The term ``NASA'' means the National Aeronautics
    and Space Administration.
    (4) Secretary.--The term ``Secretary'' means the Secretary
    of Transportation.
    SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorizations.--Section 48102(a) of title 49, United States
    Code, is amended--
    (1) in the matter preceding paragraph (1), by striking
    ``and, for each of fiscal years 2012 through 2015, under
    subsection (g)'';
    (2) in paragraph (9), by striking ``and'' at the end; and
    (3) by striking paragraph (10) and inserting the following:
    ``(10) $189,000,000 for fiscal year 2018;
    ``(11) $194,000,000 for fiscal year 2019;
    ``(12) $199,000,000 for fiscal year 2020;
    ``(13) $204,000,000 for fiscal year 2021;
    ``(14) $209,000,000 for fiscal year 2022; and
    ``(15) $214,000,000 for fiscal year 2023.''.

    (b) Research Priorities.--Section 48102(b) of title 49, United
    States Code, is amended--
    (1) in paragraph (1), by striking ``consider'' and inserting
    ``prioritize safety in considering'';
    (2) by striking paragraph (3);
    (3) by redesignating paragraph (2) as paragraph (3); and
    (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 3410]]

    Subtitle B--FAA Research and Development Organization

    SEC. 711. <>  ASSISTANT ADMINISTRATOR FOR
    RESEARCH AND DEVELOPMENT.

    (a) Appointment.--Not later than 3 months after the date of
    enactment of this Act, the Administrator shall appoint an Assistant
    Administrator for Research and Development.
    (b) Responsibilities.--The Assistant Administrator for Research and
    Development shall, at a minimum, be responsible for--
    (1) management and oversight of all the FAA's research and
    development programs and activities; and
    (2) production of all congressional reports from the FAA
    relevant to research and development, including the national
    aviation research plan required under section 44501(c) of title
    49, United States Code.

    (c) Dual Appointment.--The Assistant Administrator for Research and
    Development may be a dual-appointment, holding the responsibilities of
    another Assistant Administrator.
    SEC. 712. RESEARCH ADVISORY COMMITTEE.

    (a) Advice and Recommendations.--Section 44508(a)(1)(A) of title 49,
    United States Code, is amended to read as follows:
    ``(A) provide advice and recommendations to the
    Administrator of the Federal Aviation Administration and
    Congress about needs, objectives, plans, approaches, content,
    and accomplishments of all aviation research and development
    activities and programs carried out, including those under
    sections 40119, 44504, 44505, 44507, 44511-44513, and 44912 of
    this title;''.

    (b) Written Reply to Research Advisory Committee.--Section 44508 of
    title 49, United States Code, is amended by adding at the end the
    following:
    ``(f) Written Reply.--
    ``(1) In general.--Not later than 60 days after receiving
    any recommendation from the research advisory committee, the
    Administrator shall provide a written reply to the research
    advisory committee that, at a minimum--
    ``(A) clearly states whether the Administrator
    accepts or rejects the recommendation;
    ``(B) explains the rationale for the Administrator's
    decision;
    ``(C) sets forth the timeframe in which the
    Administrator will implement the recommendation; and
    ``(D) describes the steps the Administrator will
    take to implement the recommendation.
    ``(2) Transparency.--The written reply to the research
    advisory committee, when transmitted to the research advisory
    committee, shall be--
    ``(A) made publicly available on the research
    advisory committee website; and
    ``(B) transmitted to the Committee on Science,
    Space, and Technology of the House of Representatives
    and the Committee on Commerce, Science, and
    Transportation of the Senate.

    [[Page 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. <>  UNMANNED AIRCRAFT SYSTEMS
    RESEARCH AND DEVELOPMENT ROADMAP.

    The Secretary shall submit the unmanned aircraft systems roadmap to
    Congress on an annual basis as required under section 48802(a) of title
    49, United States Code, as added by this Act.

    Subtitle D--Cybersecurity and Responses to Other Threats

    SEC. 731. <>  CYBER TESTBED.

    Not later than 6 months after the date of enactment of this Act, the
    Administrator shall develop an integrated Cyber Testbed for research,
    development, evaluation, and validation of air traffic control
    modernization technologies, before they enter the national airspace
    system, as being compliant with FAA data security regulations. The Cyber
    Testbed shall be part of an integrated research and development test
    environment capable of creating, identifying, defending, and solving
    cybersecurity-related problems for the national airspace system. This
    integrated test environment shall incorporate integrated test capacities
    within the FAA related to the national airspace system and NextGen.
    SEC. 732. STUDY ON THE EFFECT OF EXTREME WEATHER ON AIR TRAVEL.

    (a) Study Required.--Not later than 1 year after the date of
    enactment of this Act, the Administrator of the National Oceanic and
    Atmospheric Administration and the Administrator of the Federal Aviation
    Administration shall jointly complete a study on the effect of extreme
    weather on commercial air travel.
    (b) Elements.--The study required by subsection (a) shall include
    assessment of the following:
    (1) Whether extreme weather may result in an increase in
    turbulence.
    (2) The effect of extreme weather on current commercial air
    routes.
    (3) The effect of extreme weather on domestic airports, air
    traffic control facilities, and associated facilities.

    Subtitle E--FAA Research and Development Activities

    SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW TECHNOLOGIES
    INTO THE NATIONAL AIRSPACE SYSTEM.

    Not later than 1 year after the date of enactment of this Act, the
    Administrator, in consultation with NASA, shall transmit

    [[Page 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 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. <>  CLEEN engine and airframe
    technology partnership

    ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall enter into a cost-sharing cooperative agreement,
    using a competitive process, with institutions, entities, or consortiums
    to carry out a program for the development, maturation, and testing of
    certifiable CLEEN aircraft, engine technologies, and jet fuels for civil
    subsonic airplanes.
    ``(b) CLEEN Engine and Airframe Technology Defined.--In this
    section, the term `CLEEN aircraft and engine technology' means
    continuous lower energy, emissions, and noise aircraft and engine
    technology.
    ``(c) Performance Objective.--The Administrator shall establish the
    performance objectives for the program in terms of the specific
    objectives to reduce fuel burn, emissions and noise.''.
    (b) Technical and Conforming Amendment.--The table of contents of
    subchapter I of chapter 475 <>  is amended by
    inserting after the item relating to section 47510 the following:

    ``47511. CLEEN engine and airframe technology partnership.''.

    SEC. 744. <>  RESEARCH AND DEPLOYMENT OF
    CERTAIN AIRFIELD PAVEMENT TECHNOLOGIES.

    Using amounts made available under section 48102(a) of title 49,
    United States Code, the Administrator of the Federal Aviation
    Administration may carry out a program for the research and development
    of aircraft pavement technologies under which the Administrator makes
    grants to, and enters into cooperative agreements with, institutions of
    higher education and nonprofit organizations that--
    (1) research concrete and asphalt airfield pavement
    technologies that extend the life of airfield pavements;
    (2) develop and conduct training;
    (3) provide for demonstration projects; and
    (4) promote the latest airfield pavement technologies to aid
    in the development of safer, more cost effective, and more
    durable airfield pavements.

    Subtitle <>  F--Geospatial Data
    SEC. 751. SHORT TITLE; FINDINGS.

    (a) <>  Short Title.--This subtitle may be
    cited as the ``Geospatial Data Act of 2018''.

    (b) <>  Findings.--Congress finds that--
    (1) open and publicly available data is essential to the
    successful operation of the GeoPlatform;
    (2) the private sector in the United States, for the
    purposes of acquiring and producing quality geospatial data and
    geospatial data services, has been and continues to be
    invaluable in carrying out the varying missions of Federal
    departments and agencies, as well as contributing positively to
    the United States economy; and

    [[Page 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. <>  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 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. <>  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 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 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 3418]]

    SEC. 754. <>  NATIONAL GEOSPATIAL ADVISORY
    COMMITTEE.

    (a) Establishment.--The Secretary of the Interior shall establish
    within the Department of the Interior the National Geospatial Advisory
    Committee to provide advice and recommendations to the Chairperson of
    the Committee.
    (b) Membership.--
    (1) Composition.--The Advisory Committee shall be composed
    of not more than 30 members, at least one of which will be from
    the National Geospatial-Intelligence Agency, who shall--
    (A) be appointed by the Chairperson of the
    Committee;
    (B) be selected--
    (i) to generally achieve a balanced
    representation of the viewpoints of various
    interested parties involved in national geospatial
    activities and the development of the National
    Spatial Data Infrastructure; and
    (ii) with consideration of a geographic
    balance of residence of the members; and
    (C) be selected from among groups involved in the
    geospatial community, including--
    (i) States;
    (ii) local governments;
    (iii) regional governments;
    (iv) tribal governments;
    (v) private sector entities;
    (vi) geospatial information user industries;
    (vii) professional associations;
    (viii) scholarly associations;
    (ix) nonprofit organizations;
    (x) academia;
    (xi) licensed geospatial data acquisition
    professionals; and
    (xii) the Federal Government.
    (2) Chairperson.--The Chairperson of the Committee shall
    appoint the Chairperson of the Advisory Committee.
    (3) Period of appointment; vacancies.--
    (A) In general.--Members shall be appointed for a
    term of 3 years, with the term of \1/3\ of the members
    expiring each year.
    (B) Vacancies.--Any vacancy in the Advisory
    Committee shall not affect its powers, but shall be
    filled in the same manner as the original appointment.
    (4) Limit on terms.--Except for the member from the National
    Geospatial-Intelligence Agency, an individual--
    (A) may not be appointed to more than 2 consecutive
    terms as a member of the Advisory Committee; and
    (B) after serving for 2 consecutive terms, is
    eligible to be appointed as a member of the Advisory
    Committee on and after the date that is 2 years after
    the end of the second consecutive term of the individual
    as a member of the Advisory Committee.
    (5) Ethical requirements.--A member of the Advisory
    Committee may not participate in any specific-party matter
    (including a lease, license, permit, contract, claim, agreement,
    or related litigation) with the Department of the Interior in
    which the member has a direct financial interest.
    (6) Incumbents.--

    [[Page 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 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. <>  NATIONAL SPATIAL DATA
    INFRASTRUCTURE.

    (a) In General.--The National Spatial Data Infrastructure shall
    ensure that geospatial data from multiple sources (including

    [[Page 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. <>  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 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 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. <>  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 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. <>  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 3425]]

    (2) targeted to information consumers that directly
    interface with the services, portals, or other mechanisms of the
    covered agency.
    SEC. 759. <>  COVERED AGENCY RESPONSIBILITIES.

    (a) In General.--Each covered agency shall--
    (1) prepare, maintain, publish, and implement a strategy for
    advancing geographic information and related geospatial data and
    activities appropriate to the mission of the covered agency, in
    support of the strategic plan for the National Spatial Data
    Infrastructure prepared under section 755(c);
    (2) collect, maintain, disseminate, and preserve geospatial
    data such that the resulting data, information, or products can
    be readily shared with other Federal agencies and non-Federal
    users;
    (3) promote the integration of geospatial data from all
    sources;
    (4) ensure that data information products and other records
    created in geospatial data and activities are included on agency
    record schedules that have been approved by the National
    Archives and Records Administration;
    (5) allocate resources to fulfill the responsibilities of
    effective geospatial data collection, production, and
    stewardship with regard to related activities of the covered
    agency, and as necessary to support the activities of the
    Committee;
    (6) use the geospatial data standards, including the
    standards for metadata for geospatial data, and other
    appropriate standards, including documenting geospatial data
    with the relevant metadata and making metadata available through
    the GeoPlatform;
    (7) coordinate and work in partnership with other Federal
    agencies, agencies of State, tribal, and local governments,
    institutions of higher education, and the private sector to
    efficiently and cost-effectively collect, integrate, maintain,
    disseminate, and preserve geospatial data, building upon
    existing non-Federal geospatial data to the extent possible;
    (8) use geospatial information to--
    (A) make Federal geospatial information and services
    more useful to the public;
    (B) enhance operations;
    (C) support decision making; and
    (D) enhance reporting to the public and to Congress;
    (9) protect personal privacy and maintain confidentiality in
    accordance with Federal policy and law;
    (10) participate in determining, when applicable, whether
    declassified data can contribute to and become a part of the
    National Spatial Data Infrastructure;
    (11) search all sources, including the GeoPlatform, to
    determine if existing Federal, State, local, or private
    geospatial data meets the needs of the covered agency before
    expending funds for geospatial data collection;
    (12) to the maximum extent practicable, ensure that a person
    receiving Federal funds for geospatial data collection provides
    high-quality data; and

    [[Page 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 3427]]

    SEC. 759A. <>  LIMITATION ON USE OF FEDERAL
    FUNDS.

    (a) Definition.--In this section, the term ``implementation date''
    means the date that is 5 years after the date on which standards for
    each National Geospatial Data Asset data theme are established under
    section 757.
    (b) Limitation.--Except as provided otherwise in this section, on
    and after the implementation date, a covered agency may not use Federal
    funds for the collection, production, acquisition, maintenance, or
    dissemination of geospatial data that does not comply with the
    applicable standards established under section 757, as determined by the
    Committee.
    (c) Exception for Existing Geospatial Data.--On and after the
    implementation date, a covered agency may use Federal funds to maintain
    and disseminate geospatial data that does not comply with the applicable
    standards established under section 757 if the geospatial data was
    collected, produced, or acquired by the covered agency before the
    implementation date.
    (d) Waiver.--
    (1) In general.--The Chairperson of the Committee may grant
    a waiver of the limitation under subsection (b), upon a request
    from a covered agency submitted in accordance with paragraph
    (2).
    (2) Requirements.--A request for a waiver under paragraph
    (1) shall--
    (A) be submitted not later than 30 days before the
    implementation date;
    (B) provide a detailed explanation of the reasons
    for seeking a waiver;
    (C) provide a detailed plan to achieve compliance
    with the applicable standards established under section
    757; and
    (D) provide the date by which the covered agency
    shall achieve compliance with the applicable standards
    established under section 757.

    (e) Best Efforts to Comply During Transition.--During the period
    beginning on the date on which standards for a National Geospatial Data
    Asset data theme are established under section 757 and ending on the
    implementation date, each covered agency, to the maximum extent
    practicable, shall collect, produce, acquire, maintain, and disseminate
    geospatial data within the National Geospatial Data Asset data theme in
    accordance with the standards.
    SEC. 759B. <>  SAVINGS PROVISION.

    Nothing in this subtitle shall repeal, amend, or supersede any
    existing law unless specifically provided in this subtitle.
    SEC. 759C. <>  PRIVATE SECTOR.

    The Committee and each covered agency may, to the maximum extent
    practical, rely upon and use the private sector in the United States for
    the provision of geospatial data and services.

    Subtitle G--Miscellaneous

    SEC. 761. NEXTGEN RESEARCH.

    Not later than 1 year after the date of enactment of this Act, the
    Administrator shall submit to the Committee on Science, Space, and
    Technology and the Committee on Transportation and

    [[Page 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. <>  Advanced Materials Center
    of Excellence

    ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall continue operation of the Advanced Materials Center
    of Excellence (referred to in this section as the `Center') under its
    structure as in effect on March 1, 2016, which shall focus on applied
    research and training on the durability and maintainability of advanced
    materials in transport airframe structures.
    ``(b) Responsibilities.--The Center shall--
    ``(1) promote and facilitate collaboration among academia,
    the Transportation Division of the Federal Aviation
    Administration, and the commercial aircraft industry, including
    manufacturers, commercial air carriers, and suppliers; and
    ``(2) establish goals set to advance technology, improve
    engineering practices, and facilitate continuing education in
    relevant areas of study.''.

    (b) Table of Contents.--The table of contents for chapter 445 of
    title 49, United States Code, <>  is amended
    by adding at the end the following:

    ``44518. Advanced Materials Center of Excellence.''.

    TITLE VIII--AVIATION REVENUE PROVISIONS

    SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST
    FUND.

    (a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
    1986 <>  is amended--
    (1) in the matter preceding subparagraph (A) by striking
    ``October 1, 2018'' and inserting ``October 1, 2023''; and
    (2) in subparagraph (A) by striking the semicolon at the end
    and inserting ``or the FAA Reauthorization Act of 2018;''.

    (b) Conforming Amendment.--Section 9502(e)(2) of such Code is
    amended by striking ``October 1, 2018'' and inserting ``October 1,
    2023''.
    SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
    FUND.

    (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
    of 1986 <>  is amended by striking ``September 30,
    2018'' and inserting ``September 30, 2023''.

    [[Page 3429]]

    (b) Ticket Taxes.--
    (1) Persons.--Section 4261(k)(1)(A)(ii) <>  of such Code is amended by striking ``September 30,
    2018'' and inserting ``September 30, 2023''.
    (2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
    amended by striking ``September 30, 2018'' and inserting
    ``September 30, 2023''.

    (c) Fractional Ownership Programs.--
    (1) Fuel tax.--Section 4043(d) of such Code is amended by
    striking ``September 30, 2021'' and inserting ``September 30,
    2023''.
    (2) Treatment as noncommercial aviation.--Section 4083(b) of
    such Code is amended by striking ``October 1, 2018'' and
    inserting ``October 1, 2023''.
    (3) Exemption from ticket taxes.--Section 4261(j) of such
    Code is amended by striking ``September 30, 2018'' and inserting
    ``September 30, 2023''.

    DIVISION C--NATIONAL <>  TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT
    OF 2018
    SEC. 1101. <>  SHORT TITLE.

    This division may be cited as the ``National Transportation Safety
    Board Reauthorization Act''.
    SEC. 1102. <>  DEFINITIONS.

    In this division, the following definitions apply:
    (1) Board.--The term ``Board'' means the National
    Transportation Safety Board.
    (2) Chairman.--The term ``Chairman'' means the Chairman of
    the National Transportation Safety Board.
    (3) Most wanted list.--The term ``Most Wanted List'' means
    the Board publication entitled ``Most Wanted List''.
    SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.

    Section 1118(a) of title 49, United States Code, is amended to read
    as follows:
    ``(a) In General.--There are authorized to be appropriated for the
    purposes of this chapter $111,400,000 for fiscal year 2019, $112,400,000
    for fiscal year 2020, $113,400,000 for fiscal year 2021, and
    $114,400,000 for fiscal year 2022. Such sums shall remain available
    until expended.''.
    SEC. 1104. STILL IMAGES.

    (a) Still Images, Voice Recorders, and Video Recorders.--
    (1) Cockpit recordings and transcripts.--Section 1114(c) of
    title 49, United States Code, is amended--
    (A) by redesignating paragraph (2) as paragraph (3);
    (B) in paragraph (3), as so redesignated, by
    inserting ``References to information in making safety
    recommendations.--'' before ``This''; and
    (C) in paragraph (1)--
    (i) in the first sentence, by striking ``The
    Board'' and inserting ``Confidentiality of
    recordings.--Except as provided in paragraph (2),
    the Board''; and

    [[Page 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 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 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 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, <>  is
    amended by inserting after the item relating to section 1116 the
    following:

    ``117. Methodology.''.

    SEC. 1108. <>  MULTIMODAL ACCIDENT
    DATABASE MANAGEMENT SYSTEM.

    (a) Establishment.--Not later than 1 year after the date of
    enactment of this Act, the Board shall establish and maintain a
    multimodal accident database management system for Board investigators.
    (b) Purposes.--The purposes of the system shall be to support the
    Board in improving--
    (1) the quality of accident data the Board makes available
    to the public; and
    (2) the selection of accidents for investigation and
    allocation of limited resources.

    (c) Requirements.--The system shall--
    (1) maintain a historical record of accidents that are
    investigated by the Board; and
    (2) be capable of the secure storage, retrieval, and
    management of information associated with the investigations of
    such accidents.

    [[Page 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 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. <>  Information for families of
    individuals involved in accidents

    ``In the course of an investigation of an accident described in
    section 1131(a)(1), except an aircraft accident described in section
    1136 or a rail passenger accident described in section 1139, the Board
    may, to the maximum extent practicable, ensure that the families of
    individuals involved in the accident, and other individuals the Board
    deems appropriate--
    ``(1) are informed as to the roles, with respect to the
    accident and the post-accident activities, of the Board;
    ``(2) are briefed, before any public briefing, about the
    accident, its causes, and any other findings from the
    investigation; and
    ``(3) are individually informed of and allowed to attend any
    public hearings and meetings of the Board about the accident.''.
    (2) Table of contents.--The table of contents of chapter 11
    of subtitle II of title 49, United States Code, <>  is amended by inserting after the item
    relating to section 1139 the following:

    ``1140. Information for families of individuals involved in
    accidents.''.

    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 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, <>  is amended by striking
    the item relating to section 1116 and inserting the following:

    ``1116. Reports, studies, and retrospective reviews.''.

    (c) <>  Savings Clause.--Nothing in this
    section or the amendments made by this section may be construed to limit
    or otherwise affect the authority of the Board to update, close, or
    reissue a recommendation.
    SEC. 1112. GENERAL ORGANIZATION.

    (a) Terms of the Chairman and Vice Chairman.--Section 1111(d) of
    title 49, United States Code, is amended by striking ``2 years'' and
    inserting ``3 years''.
    (b) Nonpublic Collaborative Discussions.--Section 1111 of such title
    is further amended by adding at the end the following:
    ``(k) Open Meetings.--
    ``(1) In general.--The Board shall be deemed to be an agency
    for purposes of section 552b of title 5.
    ``(2) Nonpublic collaborative discussions.--

    [[Page 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 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, <>
    United States Code, is amended in the item relating to section 1138 by
    striking ``Board'' and inserting ``Board.''.

    (b) General Authority.--Section 1131(a)(1)(A) of title 49, United
    States Code, is amended by striking ``a public aircraft as defined by
    section 40102(a)(37) of this title'' and inserting ``a public aircraft
    as defined by section 40102(a) of this title''.

    DIVISION D--DISASTER <>
    RECOVERY REFORM
    SEC. 1201. <>  SHORT TITLE.

    This division may be cited as the ``Disaster Recovery Reform Act of
    2018''.
    SEC. 1202. <>  APPLICABILITY.

    (a) Applicability for Stafford Act.--Except as otherwise expressly
    provided, the amendments in this division to the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
    apply to each major disaster and emergency declared by the President on
    or after August 1, 2017, under the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act.
    (b) Division Applicability.--Except as otherwise expressly provided,
    the authorities provided under this division apply to each major
    disaster and emergency declared by the President under the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act on or after
    January 1, 2016.
    SEC. 1203. <>  DEFINITIONS.

    In this division:
    (1) Administrator.--The term ``Administrator'' means the
    Administrator of the Federal Emergency Management Agency.
    (2) Agency.--The term ``Agency'' means the Federal Emergency
    Management Agency.
    (3) State.--The term ``State'' has the meaning given that
    term in section 102 of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5122).
    SEC. 1204. WILDFIRE PREVENTION.

    (a) Mitigation Assistance.--Section 420 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is
    amended--
    (1) by redesignating subsection (d) as subsection (e); and
    (2) by inserting after subsection (c) the following:

    ``(d) Hazard Mitigation Assistance.--Whether or not a major disaster
    is declared, the President may provide hazard mitigation

    [[Page 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) <>  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 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 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. <>  PRIORITIZATION OF FACILITIES.

    Not later than 180 days after the date of enactment of this Act, the
    Administrator shall provide guidance and training on an annual basis to
    State, local, and Indian tribal governments, first responders, and
    utility companies on--
    (1) the need to prioritize assistance to hospitals, nursing
    homes, and other long-term care facilities to ensure that such
    health care facilities remain functioning or return to
    functioning as soon as practicable during power outages caused
    by natural hazards, including severe weather events;
    (2) how hospitals, nursing homes and other long-term care
    facilities should adequately prepare for power outages during a
    major disaster or emergency, as those terms are defined in
    section 102 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5122); and
    (3) how State, local, and Indian tribal governments, first
    responders, utility companies, hospitals, nursing homes, and
    other long-term care facilities should develop a strategy to
    coordinate emergency response plans, including the activation of
    emergency response plans, in anticipation of a major disaster,
    including severe weather events.
    SEC. 1209. <>  GUIDANCE ON EVACUATION
    ROUTES.

    (a) In General.--
    (1) Identification.--The Administrator, in coordination with
    the Administrator of the Federal Highway Administration, shall
    develop and issue guidance for State, local, and Indian tribal
    governments regarding the identification of evacuation routes.
    (2) Guidance.--The Administrator of the Federal Highway
    Administration, in coordination with the Administrator, shall
    revise existing guidance or issue new guidance as appropriate
    for State, local, and Indian tribal governments regarding the
    design, construction, maintenance, and repair of evacuation
    routes.

    (b) Considerations.--
    (1) Identification.--In developing the guidance under
    subsection (a)(1), the Administrator shall consider--
    (A) whether evacuation routes have resisted impacts
    and recovered quickly from disasters, regardless of
    cause;
    (B) the need to evacuate special needs populations,
    including--
    (i) individuals with a physical or mental
    disability;

    [[Page 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 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) <>  Limitation.--This
    subsection, including the amendment made by paragraph (1), shall
    not be construed to apply to section 406 or 408 of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5172, 5174).
    (3) <>  Applicability.--The
    amendment made by paragraph (1) shall apply to any major
    disaster or emergency declared by the President under section
    401 or 501, respectively, of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191)
    between January 1, 2016, and December 31, 2021.
    (4) <>  Sunset.--On the date that
    is 5 years after the date of enactment of this Act, section
    312(b) of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5155(b)) is amended by striking
    paragraph (4), as added by subsection (a)(1) of this section.
    (5) Report.--
    (A) In general.--Not later than 1 year after the
    date of enactment of this Act, the Administrator, in
    coordination with other relevant Federal agencies, shall
    submit to the congressional committees of jurisdiction a
    report conducted by all relevant Federal agencies to
    improve the comprehensive delivery of disaster
    assistance to individuals following a major disaster or
    emergency declaration under the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act.
    (B) Contents.--The report required under
    subparagraph (A) shall include both administrative
    actions taken, or planned to be taken, by the agencies
    as well as legislative proposals, where appropriate, of
    the following:
    (i) Efforts to improve coordination between
    the Agency and other relevant Federal agencies
    when delivering disaster assistance to
    individuals.
    (ii) Clarify the sequence of delivery of
    disaster assistance to individuals from the
    Agency, and other relevant Federal agencies.

    [[Page 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) <>  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 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 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 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) <>  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 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 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. <>  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 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 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 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. <>  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 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. <>  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 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) <>  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 3455]]

    ``SEC. 430. <>  AGENCY ACCOUNTABILITY.

    ``(a) Public Assistance.--Not later than 5 days after an award of a
    public assistance grant is made under section 406 that is in excess of
    $1,000,000, the Administrator of the Federal Emergency Management Agency
    shall publish on the website of the Federal Emergency Management Agency
    the specifics of each such grant award, including--
    ``(1) identifying the Federal Emergency Management Agency
    Region;
    ``(2) the disaster or emergency declaration number;
    ``(3) the State, county, and applicant name;
    ``(4) if the applicant is a private nonprofit organization;
    ``(5) the damage category code;
    ``(6) the amount of the Federal share obligated; and
    ``(7) the date of the award.

    ``(b) Mission Assignments.--
    ``(1) In general.--Not later than 5 days after the issuance
    of a mission assignment or mission assignment task order, the
    Administrator of the Federal Emergency Management Agency shall
    publish on the website of the Federal Emergency Management
    Agency any mission assignment or mission assignment task order
    to another Federal department or agency regarding a major
    disaster in excess of $1,000,000, including--
    ``(A) the name of the impacted State or Indian
    Tribe;
    ``(B) the disaster declaration for such State or
    Indian Tribe;
    ``(C) the assigned agency;
    ``(D) the assistance requested;
    ``(E) a description of the disaster;
    ``(F) the total cost estimate;
    ``(G) the amount obligated;
    ``(H) the State or Indian tribal government cost
    share, if applicable;
    ``(I) the authority under which the mission
    assignment or mission assignment task order was
    directed; and
    ``(J) if applicable, the date a State or Indian
    Tribe requested the mission assignment.
    ``(2) Recording changes.--Not later than 10 days after the
    last day of each month until a mission assignment or mission
    assignment task order described in paragraph (1) is completed
    and closed out, the Administrator of the Federal Emergency
    Management Agency shall update any changes to the total cost
    estimate and the amount obligated.

    ``(c) Disaster Relief Monthly Report.--Not later than 10 days after
    the first day of each month, the Administrator of the Federal Emergency
    Management Agency shall publish on the website of the Federal Emergency
    Management Agency reports, including a specific description of the
    methodology and the source data used in developing such reports,
    including--
    ``(1) an estimate of the amounts for the fiscal year covered
    by the President's most recent budget pursuant to section
    1105(a) of title 31, United States Code, including--
    ``(A) the unobligated balance of funds to be carried
    over from the prior fiscal year to the budget year;
    ``(B) the unobligated balance of funds to be carried
    over from the budget year to the budget year plus 1;

    [[Page 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 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 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. <>  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 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. <>  GUIDANCE ON INUNDATED AND
    SUBMERGED ROADS.

    The Administrator of the Federal Emergency Management Agency, in
    coordination with the Administrator of the Federal Highway
    Administration, shall develop and issue guidance for State, local, and
    Indian tribal governments regarding repair, restoration, and replacement
    of inundated and submerged roads damaged or destroyed by a major
    disaster, and for associated expenses incurred by the Government, with
    respect to roads eligible for assistance under section 406 of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5172).
    SEC. 1229. EXTENSION OF ASSISTANCE.

    (a) In General.--Notwithstanding any other provision of law, in the
    case of an individual eligible to receive unemployment assistance under
    section 410(a) of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5177(a)) as a result of a disaster declaration
    made for Hurricane Irma and Hurricane Maria in the Commonwealth of
    Puerto Rico and the United States Virgin Islands, the President shall
    make such assistance available for 52 weeks after the date of the
    disaster declaration effective as if enacted at the time of the disaster
    declaration.
    (b) No Additional Funds Authorized.--No additional funds are
    authorized to carry out the requirements of this section.
    SEC. 1230. <>  GUIDANCE AND
    RECOMMENDATIONS.

    (a) Guidance.--The Administrator shall provide guidance to a common
    interest community that provides essential services of a governmental
    nature on actions that a common interest community may take in order to
    be eligible to receive reimbursement from a grantee that receives funds
    from the Agency for certain activities performed after an event that
    results in a major disaster declared by the President under section 401
    of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
    (42 U.S.C. 5170).
    (b) Recommendations.--Not later than 90 days after the date of
    enactment of this Act, the Administrator shall provide to the Committee
    on Transportation and Infrastructure of the House of Representatives and
    the Committee on Homeland Security and Governmental Affairs of the
    Senate a legislative proposal on how to provide eligibility for disaster
    assistance with respect to common areas of condominiums and housing
    cooperatives.
    (c) Effective Date.--This section shall be effective on the date of
    enactment of this Act.
    SEC. 1231. <>  GUIDANCE ON HAZARD
    MITIGATION ASSISTANCE.

    (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Administrator shall issue guidance regarding the
    acquisition of property for open space as a mitigation measure under
    section 404 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5170c) that includes--
    (1) a process by which the State hazard mitigation officer
    appointed for such an acquisition shall, not later than 60 days
    after the applicant for assistance enters into an agreement

    [[Page 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. <>  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 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 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) <>  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 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) <>  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 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. <>  GUIDANCE AND TRAINING BY FEMA
    ON COORDINATION OF EMERGENCY RESPONSE
    PLANS.

    (a) Training Requirement.--The Administrator, in coordination with
    other relevant agencies, shall provide guidance and training on an
    annual basis to State, local, and Indian tribal governments, first
    responders, and facilities that store hazardous materials on
    coordination of emergency response plans in the event of a major
    disaster or emergency, including severe weather events. The guidance and
    training shall include the following:
    (1) Providing a list of equipment required in the event a
    hazardous substance is released into the environment.
    (2) Outlining the health risks associated with exposure to
    hazardous substances to improve treatment response.
    (3) Publishing best practices for mitigating further danger
    to communities from hazardous substances.

    (b) Implementation.--The requirement of subsection (a) shall be
    implemented not later than 180 days after the date of enactment of this
    Act.
    SEC. 1237. <>  CERTAIN RECOUPMENT PROHIBITED.

    (a) In General.--Notwithstanding any other provision of law, the
    Agency shall deem any covered disaster assistance to have been properly
    procured, provided, and utilized, and shall restore any funding of
    covered disaster assistance previously provided but subsequently
    withdrawn or deobligated.

    [[Page 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) <>  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 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) <>  Applicability.--The amendment made
    by subsection (b)(1) shall apply to any major disaster or emergency
    declared by the President under section 401 or 501, respectively, of the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5170, 5191) on or after the date of enactment of this Act.
    SEC. 1239. <>  COST OF ASSISTANCE
    ESTIMATES.

    (a) In General.--Not later than 270 days after the date of enactment
    of this Act, the Administrator shall review the factors considered when
    evaluating a request for a major disaster declaration under the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
    et seq.), specifically the estimated cost of the assistance, and provide
    a report and briefing to the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives.
    (b) Rulemaking.--Not later than 2 years after the date of enactment
    of this Act, the Administrator shall review and initiate a rulemaking to
    update the factors considered when evaluating a Governor's request for a
    major disaster declaration, including reviewing how the Agency estimates
    the cost of major disaster assistance, and consider other impacts on the
    capacity of a jurisdiction to respond to disasters. In determining the
    capacity of a jurisdiction to respond to disasters, and prior to the
    issuance of such a rule, the Administrator shall engage in meaningful
    consultation with relevant representatives of State, regional, local,
    and Indian tribal government stakeholders.
    SEC. 1240. REPORT ON INSURANCE SHORTFALLS.

    Not later than 2 years after the date of enactment of this section,
    and each year thereafter until 2023, the Administrator of the Federal
    Emergency Management Agency shall submit a report to Congress on the
    number of instances and the estimated amounts involved, by State, for
    cases in which self-insurance amounts have been insufficient to address
    flood damages.
    SEC. 1241. <>  POST DISASTER BUILDING
    SAFETY ASSESSMENT.

    (a) Building Safety Assessment Team.--

    [[Page 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 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. <>  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 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 <>
    MASONRY
    SEC. 1301. SHORT TITLE.

    This division may be cited as the ``Concrete Masonry Products
    Research, Education, and Promotion Act of 2018''.
    SEC. 1302. DECLARATION OF POLICY.

    (a) Purpose.--The purpose of this division is to authorize the
    establishment of an orderly program for developing, financing, and
    carrying out an effective, continuous, and coordinated program of
    research, education, and promotion, including funds for marketing and
    market research activities, that is designed to--
    (1) strengthen the position of the concrete masonry products
    industry in the domestic marketplace;
    (2) maintain, develop, and expand markets and uses for
    concrete masonry products in the domestic marketplace; and
    (3) promote the use of concrete masonry products in
    construction and building.

    (b) Limitation.--Nothing in this division may be construed to
    provide for the control of production or otherwise limit the right of
    any person to manufacture concrete masonry products.
    SEC. 1303. <>  DEFINITIONS.

    For the purposes of this division:

    [[Page 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 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. <>  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 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. <>  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 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 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 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 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 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 3478]]

    (4) Withholding information.--This subsection does not
    authorize the withholding of information from Congress.
    SEC. 1306. <>  ASSESSMENTS.

    (a) Assessments.--The order shall provide that assessments shall be
    paid by a manufacturer if the manufacturer has manufactured concrete
    masonry products during a period of at least 180 days prior to the date
    the assessment is to be remitted.
    (b) Collection.--
    (1) In general.--Assessments required under the order shall
    be remitted by the manufacturer to the Board in the manner
    prescribed by the order.
    (2) Timing.--The order shall provide that assessments
    required under the order shall be remitted to the Board not less
    frequently than quarterly.
    (3) Records.--As part of the remittance of assessments,
    manufacturers shall identify the total amount due in assessments
    on all sales receipts, invoices or other commercial documents of
    sale as a result of the sale of concrete masonry units in a
    manner as prescribed by the Board to ensure compliance with the
    order.

    (c) Assessment Rates.--With respect to assessment rates, the order
    shall contain the following terms:
    (1) Initial rate.--The assessment rate on concrete masonry
    products shall be $0.01 per concrete masonry unit sold.
    (2) Changes in the rate.--
    (A) Authority to change rate.--The Board shall have
    the authority to change the assessment rate. A two-
    thirds majority of voting members of the Board shall be
    required to approve a change in the assessment rate.
    (B) Limitation on increases.--An increase or
    decrease in the assessment rate with respect to concrete
    masonry products may not exceed $0.01 per concrete
    masonry unit sold.
    (C) Maximum rate.--The assessment rate shall not be
    in excess of $0.05 per concrete masonry unit.
    (D) Limitation on frequency of changes.--The
    assessment rate may not be increased or decreased more
    than once annually.

    (d) Late-Payment and Interest Charges.--
    (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 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. <>  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 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. <>  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 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. <>  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 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. <>  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. <>  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 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. <>  AMENDMENTS TO ORDERS.

    The provisions of this division applicable to the order shall be
    applicable to any amendment to the order, except that section 1308 shall
    not apply to an amendment.
    SEC. 1313. <>  EFFECT ON OTHER LAWS.

    This division shall not affect or preempt any other Federal or State
    law authorizing research, education, and promotion relating to concrete
    masonry products.
    SEC. 1314. <>  REGULATIONS.

    The Secretary may issue such regulations as may be necessary to
    carry out this division and the power vested in the Secretary under this
    division.
    SEC. 1315. <>  LIMITATION ON EXPENDITURES FOR
    ADMINISTRATIVE EXPENSES.

    Funds appropriated to carry out this division may not be used for
    the payment of the expenses or expenditures of the Board in
    administering the order.
    SEC. 1316. <>  LIMITATIONS ON OBLIGATION OF
    FUNDS.

    (a) In General.--In each fiscal year of the covered period, the
    Board may not obligate an amount greater than the sum of--
    (1) 73 percent of the amount of assessments estimated to be
    collected under section 1306 in such fiscal year;
    (2) 73 percent of the amount of assessments actually
    collected under section 1306 in the most recent fiscal year for
    which an audit report has been submitted under section
    1305(f)(2)(B) as of the beginning of the fiscal year for which
    the amount that may be obligated is being determined, less the
    estimate made pursuant to paragraph (1) for such most recent
    fiscal year; and
    (3) amounts permitted in preceding fiscal years to be
    obligated pursuant to this subsection that have not been
    obligated.

    (b) Excess Amounts Deposited in Escrow Account.--Assessments
    collected under section 1306 in excess of the amount permitted to be
    obligated under subsection (a) in a fiscal year shall be deposited in an
    escrow account for the duration of the covered period.
    (c) Treatment of Amounts in Escrow Account.--During the covered
    period, the Board may not obligate, expend, or borrow against amounts
    required under subsection (b) to be deposited in the escrow account. Any
    interest earned on such amounts shall be deposited in the escrow account
    and shall be unavailable for obligation for the duration of the covered
    period.

    [[Page 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. <>  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 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. <>  STUDY AND REPORT BY THE
    DEPARTMENT OF COMMERCE.

    Not later than 3 years after the date of enactment of this Act, the
    Secretary shall prepare a study and submit to Congress a report
    examining the appropriateness and effectiveness of applying the
    commodity check-off program model (such as those programs established
    under the Commodity Promotion, Research, and Information Act of 1996 (7
    U.S.C. 7411 et seq.)) to a nonagricultural industry, taking into account
    the program established by this division and any other check-off program
    involving a nonagricultural industry.

    DIVISION F--BUILD <>  ACT OF 2018
    SEC. 1401. SHORT TITLE.

    This division may be cited as the ``Better Utilization of
    Investments Leading to Development Act of 2018'' or the ``BUILD Act of
    2018''.
    SEC. 1402. <>  DEFINITIONS.

    In this division:
    (1) Appropriate congressional committees.--The term
    ``appropriate congressional committees'' means--
    (A) the Committee on Foreign Relations and the
    Committee on Appropriations of the Senate; and
    (B) the Committee on Foreign Affairs and the
    Committee on Appropriations of the House of
    Representatives.
    (2) Less developed country.--The term ``less developed
    country'' means a country with a low-income economy, lower-
    middle-income economy, or upper-middle-income economy, as
    defined by the International Bank for Reconstruction and
    Development and the International Development Association
    (collectively referred to as the ``World Bank'').
    (3) Predecessor authority.--The term ``predecessor
    authority'' means authorities repealed by title VI.
    (4) Qualifying sovereign entity.--The term ``qualifying
    sovereign entity'' means--
    (A) any agency or instrumentality of a foreign state
    (as defined in section 1603 of title 28, United States
    Code) that has a purpose that is similar to the purpose
    of the Corporation as described in section 1412(b); or
    (B) any international financial institution (as
    defined in section 1701(c) of the International
    Financial Institutions Act (22 U.S.C. 262r(c))).

    [[Page 3486]]

    TITLE I--ESTABLISHMENT

    SEC. 1411. <>  STATEMENT OF POLICY.

    It is the policy of the United States to facilitate market-based
    private sector development and inclusive economic growth in less
    developed countries through the provision of credit, capital, and other
    financial support--
    (1) to mobilize private capital in support of sustainable,
    broad-based economic growth, poverty reduction, and development
    through demand-driven partnerships with the private sector that
    further the foreign policy interests of the United States;
    (2) to finance development that builds and strengthens civic
    institutions, promotes competition, and provides for public
    accountability and transparency;
    (3) to help private sector actors overcome identifiable
    market gaps and inefficiencies without distorting markets;
    (4) to achieve clearly defined economic and social
    development outcomes;
    (5) to coordinate with institutions with purposes similar to
    the purposes of the Corporation to leverage resources of those
    institutions to produce the greatest impact;
    (6) to provide countries a robust alternative to state-
    directed investments by authoritarian governments and United
    States strategic competitors using best practices with respect
    to transparency and environmental and social safeguards, and
    which take into account the debt sustainability of partner
    countries;
    (7) to leverage private sector capabilities and innovative
    development tools to help countries transition from recipients
    of bilateral development assistance toward increased self-
    reliance; and
    (8) to complement and be guided by overall United States
    foreign policy, development, and national security objectives,
    taking into account the priorities and needs of countries
    receiving support.
    SEC. 1412. <>  UNITED STATES INTERNATIONAL
    DEVELOPMENT FINANCE CORPORATION.

    (a) Establishment.--There is established in the executive branch the
    United States International Development Finance Corporation (in this
    division referred to as the ``Corporation''), which shall be a wholly
    owned Government corporation for purposes of chapter 91 of title 31,
    United States Code, under the foreign policy guidance of the Secretary
    of State.
    (b) Purpose.--The purpose of the Corporation shall be to mobilize
    and facilitate the participation of private sector capital and skills in
    the economic development of less developed countries, as described in
    subsection (c), and countries in transition from nonmarket to market
    economies, in order to complement the development assistance objectives,
    and advance the foreign policy interests, of the United States. In
    carrying out its purpose, the Corporation, utilizing broad criteria,
    shall take into account in its financing operations the economic and
    financial soundness and development objectives of projects for which it
    provides support under title II.

    [[Page 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. <>  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 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 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 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 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 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. <>  INDEPENDENT ACCOUNTABILITY
    MECHANISM.

    (a) In General.--The Board shall establish a transparent and
    independent accountability mechanism.
    (b) Functions.--The independent accountability mechanism established
    pursuant to subsection (a) shall--
    (1) annually evaluate and report to the Board and Congress
    regarding compliance with environmental, social, labor, human
    rights, and transparency standards, consistent with Corporation
    statutory mandates;
    (2) provide a forum for resolving concerns regarding the
    impacts of specific Corporation-supported projects with respect
    to such standards; and
    (3) provide advice regarding Corporation projects, policies,
    and practices.

    TITLE II--AUTHORITIES

    SEC. 1421. <>  AUTHORITIES RELATING TO
    PROVISION OF SUPPORT.

    (a) In General.--The authorities in this title shall only be
    exercised to--
    (1) carry out of the policy of the United States in section
    1411 and the purpose of the Corporation in section 1412;
    (2) mitigate risks to United States taxpayers by sharing
    risks with the private sector and qualifying sovereign entities
    through co-financing and structuring of tools; and
    (3) ensure that support provided under this title is
    additional to private sector resources by mobilizing private
    capital that would otherwise not be deployed without such
    support.

    (b) Lending and Guaranties.--
    (1) In general.--The Corporation may make loans or
    guaranties upon such terms and conditions as the Corporation may
    determine.
    (2) Denomination.--Loans and guaranties issued under
    paragraph (1) may be denominated and repayable in United States
    dollars or foreign currencies. Foreign currency denominated
    loans and guaranties should only be provided if the

    [[Page 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 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 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 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 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. <>  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 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. <>  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 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. <>  TERMINATION.

    (a) In General.--The authorities provided under this title terminate
    on the date that is 7 years after the date of the enactment of this Act.
    (b) Termination of Corporation.--The Corporation shall terminate on
    the date on which the portfolio of the Corporation is liquidated.

    TITLE III--ADMINISTRATIVE AND GENERAL PROVISIONS

    SEC. 1431. <>  OPERATIONS.

    (a) Bilateral Agreements.--The Corporation may provide support under
    title II in connection with projects in any country the government of
    which has entered into an agreement with the

    [[Page 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. <> 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 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. <>  MAXIMUM CONTINGENT LIABILITY.

    The maximum contingent liability of the Corporation outstanding at
    any one time shall not exceed in the aggregate $60,000,000,000.
    SEC. 1434. <>  CORPORATE FUNDS.

    (a) Corporate Capital Account.--There is established in the Treasury
    of the United States a fund to be known as the ``Corporate Capital
    Account'' to carry out the purposes of the Corporation.
    (b) Funding.--The Corporate Capital Account shall consist of--
    (1) fees charged and collected pursuant to subsection (c);
    (2) any amounts received pursuant to subsection (e);
    (3) investments and returns on such investments pursuant to
    subsection (g);
    (4) unexpended balances transferred to the Corporation
    pursuant to subsection (i);
    (5) payments received in connection with settlements of all
    insurance and reinsurance claims of the Corporation; and

    [[Page 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 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. <>  COORDINATION WITH OTHER
    DEVELOPMENT AGENCIES.

    It is the sense of Congress that the Corporation should use relevant
    data of the Department of State, the Millennium Challenge Corporation,
    the United States Agency for International Development, and other
    departments and agencies that have development functions to better
    inform the decisions of the Corporation with respect to providing
    support under title II.

    TITLE IV--MONITORING, EVALUATION, AND REPORTING

    SEC. 1441. <>  ESTABLISHMENT OF RISK AND AUDIT
    COMMITTEES.

    (a) In General.--To assist the Board to fulfill its duties and
    responsibilities under section 1421(a), the Corporation shall establish
    a risk committee and an audit committee.
    (b) Duties and Responsibilities of Risk Committee.--Subject to the
    direction of the Board, the risk committee established under subsection
    (a) shall have oversight responsibility of--
    (1) formulating risk management policies of the operations
    of the Corporation;
    (2) reviewing and providing guidance on operation of the
    Corporation's global risk management framework;
    (3) developing policies for enterprise risk management,
    monitoring, and management of strategic, reputational,
    regulatory, operational, developmental, environmental, social,
    and financial risks;

    [[Page 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. <>  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 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. <>  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 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. <>  PUBLICLY AVAILABLE PROJECT
    INFORMATION.

    The Corporation shall--
    (1) maintain a user-friendly, publicly available, machine-
    readable database with detailed project-level information, as
    appropriate and to the extent practicable, including a
    description of the support provided by the Corporation under
    title II, including, to the extent feasible, the information
    included in the report to Congress under section 1443 and
    project-level performance metrics; and
    (2) include a clear link to information about each project
    supported by the Corporation under title II on the internet
    website of the Department of State, ``ForeignAssistance.gov'',
    or a successor website or other online publication.
    SEC. 1445. <>  ENGAGEMENT WITH INVESTORS.

    (a) In General.--The Corporation, acting through the Chief
    Development Officer, shall, in cooperation with the Administrator of the
    United States Agency for International Development--
    (1) develop a strategic relationship with private sector
    entities focused at the nexus of business opportunities and
    development priorities;
    (2) engage such entities and reduce business risks primarily
    through direct transaction support and facilitating investment
    partnerships;
    (3) develop and support tools, approaches, and
    intermediaries that can mobilize private finance at scale in the
    developing world;
    (4) pursue highly developmental projects of all sizes,
    especially those that are small but designed for work in the
    most underdeveloped areas, including countries with chronic
    suffering as a result of extreme poverty, fragile institutions,
    or a history of violence; and
    (5) pursue projects consistent with the policy of the United
    States described in section 1411 and the Joint Strategic Plan
    and the Mission Country Development Cooperation Strategies of
    the United States Agency for International Development.

    (b) Assistance.--To achieve the goals described in subsection (a),
    the Corporation shall--
    (1) develop risk mitigation tools;
    (2) provide transaction structuring support for blended
    finance models;
    (3) support intermediaries linking capital supply and
    demand;
    (4) coordinate with other Federal agencies to support or
    accelerate transactions;
    (5) convene financial, donor, civil society, and public
    sector partners around opportunities for private finance within
    development priorities;
    (6) offer strategic planning and programming assistance to
    catalyze investment into priority sectors;
    (7) provide transaction structuring support;
    (8) deliver training and knowledge management tools for
    engaging private investors;

    [[Page 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. <>  NOTIFICATIONS TO BE PROVIDED BY
    THE CORPORATION.

    (a) In General.--Not later than 15 days prior to the Corporation
    making a financial commitment associated with the provision of support
    under title II in an amount in excess of $10,000,000, the Chief
    Executive Officer of the Corporation shall submit to the appropriate
    congressional committees a report in writing that contains the
    information required by subsection (b).
    (b) Information Required.--The information required by this
    subsection includes--
    (1) the amount of each such financial commitment;
    (2) an identification of the recipient or beneficiary; and
    (3) a description of the project, activity, or asset and the
    development goal or purpose to be achieved by providing support
    by the Corporation.

    (c) Bilateral Agreements.--The Chief Executive Officer of the
    Corporation shall notify the appropriate congressional committees not
    later than 30 days after entering into a new bilateral agreement
    described in section 1431(a).

    TITLE V--CONDITIONS, RESTRICTIONS, AND PROHIBITIONS

    SEC. 1451. <>  LIMITATIONS AND PREFERENCES.

    (a) Limitation on Support for Single Entity.--No entity receiving
    support from the Corporation under title II may receive more than an
    amount equal to 5 percent of the Corporation's maximum contingent
    liability authorized under section 1433.
    (b) Preference for Support for Projects Sponsored by United States
    Persons.--
    (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 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 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. <>  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 3510]]

    SEC. 1453. <>  PROHIBITION ON SUPPORT IN
    COUNTRIES THAT SUPPORT TERRORISM OR
    VIOLATE HUMAN RIGHTS AND WITH SANCTIONED
    PERSONS.

    (a) In General.--The Corporation is prohibited from providing
    support under title II for a government, or an entity owned or
    controlled by a government, if the Secretary of State has determined
    that the government--
    (1) has repeatedly provided support for acts of
    international terrorism for purposes of--
    (A) section 1754(c)(1)(A)(i) of the Export Control
    Reform Act of 2018 (subtitle B of title XVII of Public
    Law 115-232);
    (B) section 620A(a) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2371(a));
    (C) section 40(d) of the Arms Export Control Act (22
    U.S.C. 2780(d)); or
    (D) any other relevant provision of law; or
    (2) has engaged in a consistent pattern of gross violations
    of internationally recognized human rights for purposes of
    section 116(a) or 502B(a)(2) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant
    provision of law.

    (b) Prohibition on Support of Sanctioned Persons.--The Corporation
    is prohibited from all dealings related to any project under title II
    prohibited under United States sanctions laws or regulations, including
    dealings with persons on the list of specially designated persons and
    blocked persons maintained by the Office of Foreign Assets Control of
    the Department of the Treasury, except to the extent otherwise
    authorized by the Secretary of the Treasury or the Secretary of State.
    (c) Prohibition on Support of Activities Subject to Sanctions.--The
    Corporation shall require any person receiving support under title II to
    certify that the person, and any entity owned or controlled by the
    person, is in compliance with all United States sanctions laws and
    regulations.
    SEC. 1454. <>  APPLICABILITY OF CERTAIN
    PROVISIONS OF LAW.

    Subsections (g), (l), (m), and (n) of section 237 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2197) shall apply with respect to the
    Corporation to the same extent and in the same manner as such
    subsections applied with respect to the Overseas Private Investment
    Corporation on the day before the date of the enactment of this Act.

    TITLE VI--TRANSITIONAL PROVISIONS

    SEC. 1461. <>  DEFINITIONS.

    In this title:
    (1) Agency.--The term ``agency'' includes any entity,
    organizational unit, program, or function.
    (2) Transition period.--The term ``transition period'' means
    the period--
    (A) beginning on the date of the enactment of this
    Act; and
    (B) ending on the effective date of the
    reorganization plan required by section 1462(e).

    [[Page 3511]]

    SEC. 1462. <>  REORGANIZATION PLAN.

    (a) Submission of Plan.--
    (1) In general.--Not later than 120 days after the date of
    the enactment of this Act, the President shall transmit to the
    appropriate congressional committees a reorganization plan
    regarding the following:
    (A) The transfer of agencies, personnel, assets, and
    obligations to the Corporation pursuant to this title.
    (B) Any consolidation, reorganization, or
    streamlining of agencies transferred to the Corporation
    pursuant to this title.
    (C) Any efficiencies or cost savings achieved or
    additional costs incurred as a result of the transfer of
    agencies, personnel, assets, and obligations to the
    Corporation pursuant to this title, including reductions
    in unnecessary or duplicative operations, assets, and
    personnel.
    (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 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. <>  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 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. <>  TERMINATION OF OVERSEAS PRIVATE
    INVESTMENT CORPORATION AND OTHER
    SUPERCEDED AUTHORITIES.

    Effective at the end of the transition period--
    (1) the Overseas Private Investment Corporation is
    terminated; and
    (2) title IV of chapter 2 of part I of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2191 et seq.) (other than
    subsections (g), (l), (m), and (n) of section 237 of that
    Act) <>  is repealed.
    SEC. 1465. <>  TRANSITIONAL AUTHORITIES.

    (a) Provision of Assistance by Officials.--Until the transfer of an
    agency to the Corporation under section 1463, any official having
    authority over, or functions relating to, the agency on the day before
    the date of the enactment of this Act shall provide to the Corporation
    such assistance, including the use of personnel and assets, as the
    Corporation may request in preparing for the transfer and integration of
    the agency into the Corporation.
    (b) Services and Personnel.--During the transition period, upon the
    request of the Corporation, the head of any executive agency may, on a
    reimbursable or non-reimbursable basis, provide services or detail
    personnel to assist with the transition.
    (c) Acting Officials.--
    (1) In general.--During the transition period, pending the
    advice and consent of the Senate to the appointment of an
    officer required by this division to be appointed by and with
    such advice and consent, the President may designate any officer
    whose appointment was required to be made by and with such
    advice and consent and who was such an officer before the end of
    the transition period (and who continues in office) or
    immediately before such designation, to act in such office until
    the same is filled as provided in this division. While so
    acting, such officers shall receive compensation at the higher
    of--
    (A) the rates provided by this division for the
    respective offices in which they act; or
    (B) the rates provided for the offices held at the
    time of designation.
    (2) Rule of construction.--Nothing in this division shall be
    construed to require the advice and consent of the Senate to the
    appointment by the President to a position in the Corporation of
    any officer whose agency is transferred to the Corporation
    pursuant to this title and whose duties following such transfer
    are germane to those performed before such transfer.

    [[Page 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. <>  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 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. <>  OTHER TERMINATIONS.

    Except as otherwise provided in this division, whenever all the
    functions vested by law in any agency have been transferred pursuant to
    this title, each position and office the incumbent of which was
    authorized to receive compensation at the rates prescribed for an office
    or position at level II, III, IV, or V of the Executive Schedule under
    subchapter II of chapter 53 of title 5, United States Code, shall
    terminate.
    SEC. 1468. <>  INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, in consultation
    with the Corporation, is authorized and directed to make such additional
    incidental dispositions of personnel, assets, and liabilities held,
    used, arising from, available, or to be made available, in connection
    with the functions transferred by this title, as the Director may
    determine necessary to accomplish the purposes of this division.
    SEC. 1469. <>  REFERENCE.

    With respect to any function transferred under this title (including
    under a reorganization plan under section 1462) and exercised on or
    after the date of the enactment of this Act, reference in any other
    Federal law to any department, commission, or agency or any officer or
    office the functions of which are so transferred shall be deemed to
    refer to the Corporation or official or component of the Corporation to
    which that function is so transferred.
    SEC. 1470. CONFORMING AMENDMENTS.

    (a) Exempt Programs.--Section 255(g) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)) is

    [[Page 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-- <>

    [[Page 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 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 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) <>  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 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 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 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 <> --
    PREVENTING EMERGING THREATS
    SEC. 1601 <> . SHORT TITLE.

    This division may be cited as the ``Preventing Emerging Threats Act
    of 2018''.
    SEC. 1602. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
    UNMANNED AIRCRAFT.

    (a) In General.--Subtitle A of title II of the Homeland Security Act
    of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
    following:
    ``SEC. 210G. <>  PROTECTION OF CERTAIN
    FACILITIES AND ASSETS FROM UNMANNED
    AIRCRAFT.

    ``(a) Authority.--Notwithstanding section 46502 of title 49, United
    States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of
    title 18, United States Code, the Secretary and the Attorney General
    may, for their respective Departments, take, and may authorize personnel
    with assigned duties that include the security or protection of people,
    facilities, or assets, to take such actions as are described in
    subsection (b)(1) that are necessary to mitigate a credible threat (as
    defined by the Secretary or the Attorney General, in consultation with
    the Secretary of Transportation) that an unmanned aircraft system or
    unmanned aircraft poses to the safety or security of a covered facility
    or asset.
    ``(b) Actions Described.--
    ``(1) In general.--The actions authorized in subsection (a)
    are the following:
    ``(A) During the operation of the unmanned aircraft
    system, detect, identify, monitor, and track the
    unmanned aircraft system or unmanned aircraft, without
    prior consent, including by means of intercept or other
    access of

    [[Page 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 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 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 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 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 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 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. <>  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 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, <>  is amended by inserting
    after the item relating to section 103 the following:

    ``104. Protecting against unmanned aircraft.''.

    DIVISION I <> --SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF, 2018

    The following sums are hereby appropriated, out of any money in the
    Treasury not otherwise appropriated, and out of applicable corporate or
    other revenues, receipts, and funds, for the several departments,
    agencies, corporations, and other organizational units of Government for
    fiscal year 2018, and for other purposes, namely:

    [[Page 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 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 3533]]

    DIVISION J <> --
    MARITIME SECURITY
    SEC. 1801. <>  SHORT TITLE.

    This division may be cited as the ``Maritime Security Improvement
    Act of 2018''.
    SEC. 1802. <>  DEFINITIONS.

    In this division:
    (1) Appropriate committees of congress.--The term
    ``appropriate committees of Congress'' means--
    (A) the Committee on Commerce, Science, and
    Transportation of the Senate;
    (B) the Committee on Homeland Security and
    Governmental Affairs of the Senate;
    (C) the Committee on Homeland Security of the House
    of Representatives; and
    (D) the Committee on Transportation and
    Infrastructure of the House of Representatives.
    (2) TSA.--The term ``TSA'' means the Transportation Security
    Administration.
    SEC. 1803. <>  COORDINATION WITH TSA ON
    MARITIME FACILITIES.

    The Secretary of Homeland Security shall--
    (1) provide the Administrator of the TSA with updates to
    vulnerability assessments required under section 70102(b)(3) of
    title 46, United States Code, to avoid any duplication of effort
    between the Coast Guard and the TSA; and
    (2) identify any security gaps between authorities of
    operating entities within the Department of Homeland Security
    that a threat could exploit to cause a transportation security
    incident (as defined in section 70101 of title 46, United States
    Code).
    SEC. 1804. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE
    INTERNATIONAL SUPPLY CHAIN.

    Section 201 of the Security and Accountability for Every Port Act of
    2006 (6 U.S.C. 941) is amended--
    (1) in subsection (a), by striking ``as appropriate'' and
    inserting ``triennially''; and
    (2) in subsection (g)--
    (A) in the heading, by striking ``Report'' and
    inserting ``Reports''; and
    (B) by amending paragraph (2) to read as follows:
    ``(2) Updates.--Not later than 270 days after the date of
    enactment of the Maritime Security Improvement Act of 2018 and
    triennially thereafter, the Secretary shall submit to the
    appropriate congressional committees a report that contains any
    updates to the strategic plan under subsection (a) since the
    prior report.''.
    SEC. 1805. CYBERSECURITY INFORMATION SHARING AND COORDINATION IN
    PORTS.

    (a) <>  Maritime Cybersecurity Risk
    Assessment Model.--The Secretary of Homeland Security, through the
    Commandant of the Coast Guard and the Under Secretary responsible for
    overseeing the critical infrastructure protection, cybersecurity, and
    other related programs of the Department of Homeland Security, shall--

    [[Page 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) <>  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 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) <>  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 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. <>  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 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) <>  Savings clause.--A repeal
    made by this subsection shall not affect an interagency
    operational center established before the date of enactment of
    this Act.
    (3) <>  Notice to congress.--The
    Secretary of Homeland Security shall notify the Committee on
    Commerce, Science, and Transportation of the Senate and the
    Committee on Homeland Security and the Committee on
    Transportation and Infrastructure of the House of
    Representatives at least 1 year before ceasing operations of any
    interagency operational center established before the date of
    enactment of the Security and Accountability for Every Port Act
    of 2006 (Public Law 109-347; 120 Stat. 1884).

    [[Page 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, <>  is amended by striking the items relating to sections
    70107A and 70116.
    (2) Report requirement.--Section 108 of the Security and
    Accountability for Every Port Act of 2006 (Public Law 109-347;
    120 Stat. 1893) is amended by striking subsection (b) (46 U.S.C.
    70107A note) and inserting the following:

    ``(b) [Reserved].''.
    SEC. 1810. DUPLICATION OF EFFORTS IN THE MARITIME DOMAIN.

    (a) GAO Analysis.--Not later than 1 year after the date of enactment
    of this Act, the Comptroller General of the United States shall--
    (1) conduct an analysis of all operations in the applicable
    location of--
    (A) the Air and Marine Operations of the U.S.
    Customs and Border Protection; and
    (B) any other agency of the Department of Homeland
    Security that operates air and marine assets;
    (2) in conducting the analysis under paragraph (1)--
    (A) examine the extent to which the Air and Marine
    Operations is synchronizing and deconflicting any
    duplicative flight hours or patrols with the agencies
    described in paragraph (1)(B); and
    (B) include a sector-by-sector analysis of any
    potential costs savings or other benefits that would be
    derived through greater coordination of flight hours and
    patrols; and
    (3) submit to the Secretary of Homeland Security and the
    appropriate committees of Congress a report on the analysis,
    including any recommendations.

    (b) DHS Report.--Not later than 180 days after the date the report
    is submitted under subsection (a)(3), the Secretary of Homeland Security
    shall submit to the appropriate committees of Congress a report on what
    actions the Secretary plans to take in response to the findings of the
    analysis and recommendations of the Comptroller General.
    (c) Definition of Applicable Location.--In this section, the term
    ``applicable location'' means any location in which the Air and Marine
    Operations of the U.S. Customs and Border Protection is based within 45
    miles of a location in which any other agency of the Department of
    Homeland Security also operates air and marine assets.
    SEC. 1811. MARITIME SECURITY CAPABILITIES ASSESSMENTS.

    (a) In General.--Subtitle C of title IV of the Homeland Security Act
    of 2002 (6 U.S.C. 231 et seq.), as amended by section 1807 of this Act,
    is further amended by adding at the end the following:
    ``SEC. 436. <>  MARITIME SECURITY CAPABILITIES
    ASSESSMENTS.

    ``Not later than 180 days after the date of enactment of the
    Maritime Security Improvement Act of 2018, and annually thereafter, the
    Secretary shall submit to the Committee on Commerce,

    [[Page 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 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. <>  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 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 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 <> --TRANSPORTATION SECURITY
    SEC. 1901. SHORT TITLE; REFERENCES.

    (a) <>  Short Title.--This title may be
    cited as the ``TSA Modernization Act''.

    (b) References to Title 49, United States Code.--Except as otherwise
    expressly provided, wherever in this title an amendment or repeal is
    expressed in terms of an amendment to, or repeal of, a section or other
    provision, the reference shall be considered to be made to a section or
    other provision of title 49, United States Code.
    SEC. 1902. <>  DEFINITIONS.

    In this title:
    (1) Administrator.--The term ``Administrator'' means the
    Administrator of the TSA.
    (2) Appropriate committees of congress.--The term
    ``appropriate committees of Congress'' means--
    (A) the Committee on Commerce, Science, and
    Transportation of the Senate;
    (B) the Committee on Homeland Security and
    Governmental Affairs of the Senate; and
    (C) the Committee on Homeland Security of the House
    of Representatives.
    (3) ASAC.--The term ``ASAC'' means the Aviation Security
    Advisory Committee established under section 44946 of title 49,
    United States Code.
    (4) Department.--The term ``Department'' means the
    Department of Homeland Security.
    (5) Explosive detection canine team.--The term ``explosives
    detection canine team'' means a canine and a canine handler that
    are trained to detect explosives and other threats as defined by
    the Secretary.
    (6) Secretary.--The term ``Secretary'' means the Secretary
    of Homeland Security.
    (7) TSA.--The term ``TSA'' means the Transportation Security
    Administration.

    [[Page 3543]]

    Subtitle A--Organization and Authorizations

    SEC. 1903. AUTHORIZATION OF APPROPRIATIONS.

    Section 114(w) <>  is amended to read as follows:

    ``(w) Authorization of Appropriations.--There are authorized to be
    appropriated to the Transportation Security Administration for salaries,
    operations, and maintenance of the Administration--
    ``(1) $7,849,247,000 for fiscal year 2019;
    ``(2) $7,888,494,000 for fiscal year 2020; and
    ``(3) $7,917,936,000 for fiscal year 2021.''.
    SEC. 1904. ADMINISTRATOR OF THE TRANSPORTATION SECURITY
    ADMINISTRATION; 5-YEAR TERM.

    (a) In General.--Section 114, as amended by section 1903 of this
    Act, is further amended--
    (1) in subsection (a), by striking ``Department of
    Transportation'' and inserting ``Department of Homeland
    Security'';
    (2) by amending subsection (b) to read as follows:

    ``(b) Leadership.--
    ``(1) Head of transportation security administration.--
    ``(A) Appointment.--The head of the Administration
    shall be the Administrator of the Transportation
    Security Administration (referred to in this section as
    the `Administrator'). The Administrator shall be
    appointed by the President, by and with the advice and
    consent of the Senate.
    ``(B) Qualifications.--The Administrator must--
    ``(i) be a citizen of the United States; and
    ``(ii) have experience in a field directly
    related to transportation or security.
    ``(C) Term.--Effective with respect to any
    individual appointment by the President, by and with the
    advice and consent of the Senate, after the date of
    enactment of the TSA Modernization Act, the term of
    office of an individual appointed as the Administrator
    shall be 5 years. The term of office of an individual
    serving as the Administrator on the date of enactment of
    the TSA Modernization Act shall be 5 years beginning on
    the date that the Administrator began serving.
    ``(2) Deputy administrator.--
    ``(A) Appointment.--There is established in the
    Transportation Security Administration a Deputy
    Administrator, who shall assist the Administrator in the
    management of the Transportation Security
    Administration. The Deputy Administrator shall be
    appointed by the President.
    ``(B) Vacancy.--The Deputy Administrator shall be
    Acting Administrator during the absence or incapacity of
    the Administrator or during a vacancy in the office of
    Administrator.
    ``(C) Qualifications.--The Deputy Administrator
    must--
    ``(i) be a citizen of the United States; and
    ``(ii) have experience in a field directly
    related to transportation or security.
    ``(3) Chief counsel.--

    [[Page 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 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 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) <>  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 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 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 3549]]

    such pay under section 5545a, including the
    premium pay limitations under section 5547;''.

    (b) <>  Effective Date; Applicability.--
    (1) In general.--Subject to paragraph (2), this section, and
    the amendments made by this section, shall take effect on the
    first day of the first pay period commencing on or after the
    date of enactment of this section.
    (2) Retroactive application.--
    (A) In general.--Any availability pay received for
    any pay period commencing before the date of enactment
    of this Act by a Federal air marshal or criminal
    investigator employed by the Transportation Security
    Administration shall be deemed basic pay under section
    8331(3) of title 5, United States Code, if the
    Transportation Security Administration treated such pay
    as retirement-creditable basic pay, but the Office of
    Personnel Management, based on an interpretation of
    section 8331(3) of title 5, United States Code, did not
    accept such pay as retirement-creditable basic pay.
    (B) Implementation.--Not later than 3 months after
    the date of enactment of this Act, the Director of the
    Office of Personnel Management shall commence taking
    such actions as are necessary to implement the
    amendments made by this section with respect to
    availability pay deemed to be basic pay under
    subparagraph (A).
    SEC. 1909. RANK AWARDS PROGRAM FOR TRANSPORTATION SECURITY
    ADMINISTRATION EXECUTIVES AND SENIOR
    PROFESSIONALS.

    Section 114(n), as amended by section 1904 of this Act, is further
    amended--
    (1) by inserting ``(1) In general.--'' before ``The
    personnel management system'' and indenting appropriately; and
    (2) by adding at the end the following:
    ``(2) Meritorious executive or distinguished executive rank
    awards.--Notwithstanding section 40122(g)(2) of this title, the
    applicable sections of title 5 shall apply to the Transportation
    Security Administration personnel management system, except
    that--
    ``(A) for purposes of applying such provisions to
    the personnel management system--
    ``(i) the term `agency' means the Department
    of Homeland Security;
    ``(ii) the term `senior executive' means a
    Transportation Security Administration executive
    serving on a Transportation Security Executive
    Service appointment;
    ``(iii) the term `career appointee' means a
    Transportation Security Administration executive
    serving on a career Transportation Security
    Executive Service appointment; and
    ``(iv) The term `senior career employee' means
    a Transportation Security Administration employee
    covered by the Transportation Security
    Administration Core Compensation System at the L
    or M pay band;

    [[Page 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. <>  TRANSMITTALS TO CONGRESS.

    With regard to each report, legislative proposal, or other
    communication of the Executive Branch related to the TSA and required to
    be submitted to Congress or the appropriate committees of Congress, the
    Administrator shall transmit such communication directly to the
    appropriate committees of Congress.

    Subtitle B--Security Technology

    SEC. 1911. <>  THIRD PARTY TESTING AND
    VERIFICATION OF SCREENING TECHNOLOGY.

    (a) In General.--In carrying out the responsibilities under section
    114(f)(9), the Administrator shall develop and implement, not later than
    1 year after the date of enactment of this Act, a program to enable a
    vendor of related security screening technology to obtain testing and
    verification, including as an alternative to the TSA's test and
    evaluation process, by an appropriate third party, of such technology
    before procurement or deployment.
    (b) Detection Testing.--
    (1) In general.--The third party testing and verification
    program authorized under subsection (a) shall include detection
    testing to evaluate the performance of the security screening
    technology system regarding the probability of detection, the
    probability of false alarm, and such other indicators that the
    system is able to meet the TSA's mission needs.
    (2) Results.--The results of the third party detection
    testing under paragraph (1) shall be considered final if the
    results are approved by the Administration in accordance with
    approval standards developed by the Administrator.
    (3) Coordination with final testing.--To the extent
    practicable, but without compromising the integrity of the TSA
    test and evaluation process, the Administrator shall coordinate
    the third party detection testing under paragraph (1) with any
    subsequent, final Federal Government testing.

    [[Page 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 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. <>  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 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 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. <>  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 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. <>  RECIPROCAL RECOGNITION OF
    SECURITY STANDARDS.

    (a) In General.--The Administrator, in coordination with appropriate
    international aviation security authorities, shall develop a validation
    process for the reciprocal recognition of security equipment technology
    approvals among international security partners or recognized
    certification authorities for deployment.
    (b) Requirement.--The validation process shall ensure that the
    certification by each participating international security partner or
    recognized certification authority complies with detection,
    qualification, and information security, including cybersecurity,
    standards of the TSA, the Department of Homeland Security, and the
    National Institute of Standards and Technology.
    SEC. 1915. <>  TRANSPORTATION SECURITY
    LABORATORY.

    (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary, in consultation with the Administrator and
    the Undersecretary for Science and Technology--
    (1) shall conduct a review to determine whether the TSA is
    the most appropriate component within the Department to
    administer the Transportation Security Laboratory; and

    [[Page 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. <>  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 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 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. <>  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 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. <>  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 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. <>  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 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. <>  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 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. <>  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 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. <>  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 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. <>  DEFINITIONS.

    In this subtitle:

    [[Page 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. <> 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 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. <>  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 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 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. <>  TRACKING AND MONITORING OF
    CANINE TRAINING AND TESTING.

    Not later than 180 days after the date of enactment of this Act, the
    Administrator shall use, to the extent practicable, a digital monitoring
    system for all training, testing, and validation or certification of
    public and private canine assets utilized or funded by the TSA to
    facilitate improved review, data analysis, and record keeping of canine
    testing performance and program administration.
    SEC. 1930. VIPR TEAM STATISTICS.

    (a) <>  VIPR Team Statistics.--
    (1) In general.--Not later than 90 days after the date of
    enactment of this Act, and annually thereafter, the
    Administrator shall notify the appropriate committees of
    Congress of the number of VIPR teams available for deployment at
    transportation facilities, including--
    (A) the number of VIPR team operations that include
    explosive detection canine teams; and

    [[Page 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. <>  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 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 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. <>  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 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. <>  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 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 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. <>  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 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. <>  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 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 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 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 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 <> amended by amending the item
    relating to section 44919 to read as follows:

    ``44919. PreCheck Program.''.

    (3) Screening passengers and property.--Section 44901(a) is
    amended by striking ``44919 or''.
    SEC. 1938. <>  PRECHECK EXPEDITED
    SCREENING.

    (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Administrator shall ensure that only a
    traveler who is a member of a trusted traveler program specified in
    subsection (b) is permitted to use a TSA PreCheck security screening
    lane at a passenger screening checkpoint.
    (b) Trusted Traveler Programs Specified.--A trusted traveler program
    specified in this subsection is any of the following:
    (1) The PreCheck Program under section 44919 of title 49,
    United States Code.
    (2) Any other program implemented by the TSA under section
    109(a)(3) of the Aviation and Transportation Security Act (49
    U.S.C. 114 note).
    (3) Any other United States Government program that issues a
    unique identifier, such as a known traveler number, that the TSA
    accepts as validating that the individual holding such
    identifier is a member of a known low-risk population.

    (c) Exemptions.--Nothing in this section shall affect--
    (1) the authority of the Administrator, under section 44927
    of title 49, United States Code, to carry out expedited
    screening for members of the Armed Forces with disabilities or
    severe injuries or veterans with disabilities or severe
    injuries; or
    (2) the Honor Flight program under section 44928 of that
    title.

    (d) Low-risk Travelers.--Any traveler who is determined by the
    Administrator to be low risk based on the traveler's age and who is not
    a member of a trusted traveler program specified in subsection (b) shall
    be permitted to utilize TSA PreCheck security screening lanes at
    Transportation Security Administration checkpoints when traveling on the
    same reservation as a member of such a program.
    (e) Risk Modified Screening.--
    (1) Pilot program.--Not later than 60 days after the date of
    enactment of this Act and subject to paragraph (2), the
    Administrator shall commence a pilot program regarding a risk
    modified screening protocol for lanes other than designated TSA
    PreCheck security screening lanes at passenger screening
    checkpoints, in airports of varying categories, to further
    segment passengers based on risk.
    (2) Eligibility.--Only a low-risk passenger shall be
    eligible to participate in the risk modified screening pilot
    program under paragraph (1).

    [[Page 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 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 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 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 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. <>  Air cargo security
    division

    ``(a) Establishment.--Not later than 90 days after the date of
    enactment of the TSA Modernization Act, the Administrator shall
    establish an air cargo security division to carry out and engage with
    stakeholders regarding the implementation of air cargo security programs
    established by the Administration.
    ``(b) Leadership; Staffing.--The air cargo security division
    established pursuant to subsection (a) shall be headed by an individual
    in the executive service within the TSA and be staffed by not fewer than
    4 full-time equivalents, including the head of the division.
    ``(c) Staffing.--The Administrator of the Transportation Security
    Administration shall staff the air cargo security division with existing
    TSA personnel.''.
    (b) Table of Contents.--The table of contents of chapter
    449 <>  is amended by inserting after the
    item related to section 44946 the following:

    ``44947. Air cargo security division.''.

    SEC. 1944. AIR CARGO REGULATION REVIEW.

    (a) Review.--Not later than 150 days after the date of enactment of
    this Act, the Administrator shall--
    (1) review the Certified Cargo Screening Program,
    including--
    (A) consideration of the degree to which the Program
    is effective at fully addressing evolving threats to air
    cargo, particularly as air cargo volumes fluctuate; and
    (B) identification of any vulnerabilities in the
    Program and effectiveness of information sharing with
    air cargo security stakeholders; and
    (2) submit to the appropriate committees of Congress a
    report on the findings of the review under paragraph (1),
    including--
    (A) a description of the actions the Administrator
    has taken to improve the Program; and
    (B) a description of the actions the Administrator
    will take to address the findings of the review under
    paragraph (1), including any plans to issue new
    rulemaking, if necessary.
    SEC. 1945. GAO REVIEW.

    Not later than 2 years after the date of enactment of this Act, the
    Comptroller General of the United States shall--
    (1) review the Department's analysis and intelligence pre-
    screening processes and procedures for air cargo entering the
    United States;
    (2) review the pilot program conducted under section 1925;
    (3) assess the effectiveness of the Department's risk-based
    strategy for examining air cargo and ensuring compliance with
    air cargo security law, including regulations; and

    [[Page 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 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 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) <>  Applications Submitted Before the
    Date of Enactment.--Not later than 30 days after the date of enactment
    of this Act, the Administrator shall approve or deny, in accordance with
    section 44920(b) of title 49, United States Code, as amended by this
    Act, each application submitted before the date of enactment of this
    Act, by an airport operator under subsection (a) of that section, that
    is awaiting such a determination.
    SEC. 1947. <>  SCREENING PERFORMANCE
    ASSESSMENTS.

    Subject to part 1520 of title 49, Code of Federal Regulations, the
    Administrator shall quarterly make available to the airport director of
    an airport--
    (1) an assessment of the screening performance of that
    airport compared to the mean average performance of all airports
    in the equivalent airport category for screening performance
    data; and
    (2) a briefing on the results of performance data reports,
    including--
    (A) a scorecard of objective metrics developed by
    the Office of Security Operations to 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 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. <>  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 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. <>  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 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. <>  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 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 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. <>  GENERAL AVIATION
    AIRPORTS.

    (a) <>  Short Title.--This section may be
    cited as the ``Securing General Aviation and Charter Air Carrier Service
    Act''.

    (b) Advanced Passenger Prescreening System.--Not later than 120 days
    after the date of enactment of this Act, the Administrator shall submit
    to the appropriate committees of Congress a report on the status of the
    deployment of the advanced passenger prescreening system, and access
    thereto for certain aircraft charter operators, as required by section
    44903(j)(2)(E) of title 49, United States Code, including--
    (1) the reasons for the delay in deploying the system; and
    (2) a detailed schedule of actions necessary for the
    deployment of the system.

    (c) Screening Services Other Than in Primary Passenger Terminals.--
    (1) In general.--Subject to the provisions of this
    subsection, the Administrator may provide screening services to
    a charter air carrier in an area other than the primary
    passenger terminal of an applicable airport.
    (2) Requests.--A request for screening services under
    paragraph (1) shall be made at such time, in such form, and in
    such manner as the Administrator may require, except that the
    request shall be made to the Federal Security Director for the
    applicable airport at which the screening services are
    requested.
    (3) Availability.--A Federal Security Director may provide
    requested screening services under this section if the Federal

    [[Page 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 3594]]

    Subtitle E--Foreign Airport Security

    SEC. 1953. <>  LAST POINT OF DEPARTURE
    AIRPORTS; SECURITY DIRECTIVES.

    (a) Notice and Consultation.--
    (1) In general.--The Administrator shall, to the maximum
    extent practicable, consult and notify the following
    stakeholders prior to making changes to security standards via
    security directives and emergency amendments for last points of
    departure:
    (A) Trade association representatives, for affected
    air carriers and airports, who hold the appropriate
    security clearances.
    (B) The head of each relevant Federal department or
    agency, including the Administrator of the Federal
    Aviation Administration.
    (2) Transmittal to congress.--Not later than 3 days after
    the date that the Administrator issues a security directive or
    emergency amendment for a last point of departure, the
    Administrator shall transmit to the appropriate committees of
    Congress a description of the extent to which the Administrator
    consulted and notified the stakeholders under paragraph (1).

    (b) GAO Report.--
    (1) In general.--Not later than 1 year after the date of
    enactment of this Act, the Comptroller General of the United
    States shall review the effectiveness of the TSA process to
    update, consolidate, or revoke security directives, emergency
    amendments, and other policies related to international aviation
    security at last point of departure airports and submit to the
    appropriate committees of Congress and the Administrator a
    report on the findings and recommendations.
    (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 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. <>  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 3596]]

    recipient to ensure the screening equipment does not come into
    the possession of terrorists or otherwise pose a risk to
    security.''; and
    (2) <>  in the table of contents,
    by inserting after the item relating to section 44928 the
    following:

    ``44929. Donation of screening equipment to protect the United
    States.''.

    (b) Technical and Conforming Amendments.--Section 3204 of the
    Aviation Security Act of 2016 (49 U.S.C. 44901 note) and the item
    relating to that section in the table of contents of that Act are
    repealed.
    (c) <>  Raising International Standards.--
    Not later than 90 days after the date of enactment of this Act, the
    Administrator shall collaborate with other aviation authorities and the
    United States Ambassador or the Charge d'Affaires to the United States
    Mission to the International Civil Aviation Organization, as applicable,
    to advance a global standard for each international airport to document
    and track the removal and disposal of any security screening equipment
    to ensure the screening equipment does not come into the possession of
    terrorists or otherwise pose a risk to security.
    SEC. 1956. <>  INTERNATIONAL SECURITY
    STANDARDS.

    (a) Global Aviation Security Review.--
    (1) In general.--Not later than 180 days after the date of
    enactment of this Act, the Administrator, in coordination with
    the Commissioner of the U.S. Customs and Border Protection, the
    Director of the Office of International Engagement of the
    Department of Homeland Security, and the Secretary of State,
    shall conduct a global aviation security review to improve
    aviation security standards, including standards intended to
    mitigate cybersecurity threats, across the global aviation
    system.
    (2) Best practices.--The global aviation security review
    shall establish best practices regarding the following:
    (A) Collaborating with foreign partners to improve
    global aviation security capabilities and standards.
    (B) Identifying foreign partners that--
    (i) have not successfully implemented security
    protocols from the International Civil Aviation
    Organization or the Department of Homeland
    Security; and
    (ii) have not taken steps to implement such
    security protocols;
    (C) Improving the development, outreach, and
    implementation process for security directives or
    emergency amendments issued to domestic and foreign air
    carriers.
    (D) Assessing the cybersecurity risk of security
    screening equipment.

    (b) Notification.--Not later than 90 days after the date of
    enactment of this Act, the Administrator, in consultation with the
    United States Ambassador to the International Civil Aviation
    Organization, shall notify the Committee on Commerce, Science, and
    Transportation and the Committee on Foreign Relations of the Senate, and
    the Committee on Homeland Security and the Committee on Foreign Affairs
    of the House of Representatives of

    [[Page 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 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) <>  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 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) <>  Mission Scheduling Automation.--
    The Administrator shall endeavor to acquire automated capabilities or
    technologies for scheduling Federal air marshal service missions based
    on current risk modeling.

    (c) <>  Improving Federal Air Marshal
    Service Deployments.--
    (1) After-action reports.--The Administrator shall
    strengthen internal controls to ensure that all after-action
    reports on Federal air marshal service special mission coverage
    provided to stakeholders include documentation of supervisory
    review and approval, and mandatory narratives.
    (2) Study.--The Administrator shall contract with an
    independent entity to conduct a validation and verification
    study of the risk analysis and risk-based determinations guiding
    Federal air marshal service deployment, including the use of
    risk-based strategies under subsection (d).
    (3) Cost-benefit analysis.--The Administrator shall conduct
    a cost-benefit analysis regarding mitigation of aviation
    security threats through Federal air marshal service deployment.
    (4) Performance measures.--The Administrator shall improve
    existing performance measures to better determine the
    effectiveness of in-flight operations in addressing the highest
    risks to aviation transportation based on current intelligence.
    (5) Long distance flights.--Section 44917 is amended--
    (A) by striking subsection (b); and
    (B) by redesignating subsections (c) through (d) as
    subsections (b) through (c), respectively.

    (d) Use of Risk-based Strategies.--
    (1) In general.--Section 44917(a) is amended--
    (A) in paragraph (7), by striking ``and'' after the
    semicolon at the end;

    [[Page 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) <>  Implementation deadline.--
    Not later than 180 days after the date of enactment of this Act,
    the Administrator shall begin implementing the requirements
    under paragraphs (9) through (12) of section 44917(a), United
    States Code, as added by this Act.
    SEC. 1960. <>  CREW MEMBER SELF-DEFENSE
    TRAINING.

    The Administrator, in consultation with the Administrator of the
    Federal Aviation Administration, shall continue to carry out and
    encourage increased participation by air carrier employees in the
    voluntary self-defense training program under section 44918(b) of title
    49, United States Code.
    SEC. 1961. <>  FLIGHT DECK SAFETY AND
    SECURITY.

    (a) Threat Assessment.--Not later than 90 days after the date of
    enactment of this Act, the Administrator, in consultation with the
    Administrator of the Federal Aviation Administration, shall complete a
    detailed threat assessment to identify any safety or security risks
    associated with unauthorized access to the flight decks on commercial
    aircraft and any appropriate measures that should be taken based on the
    risks.
    (b) RTCA Report.--The Administrator, in coordination with the
    Administrator of the Federal Aviation Administration, shall disseminate
    RTCA Document (DO-329) Aircraft Secondary Barriers and Alternative
    Flight Deck Security Procedure to aviation stakeholders, including air
    carriers and flight crew, to convey effective methods and best practices
    to protect the flight deck.

    [[Page 3601]]

    SEC. 1962. <>  CARRIAGE OF WEAPONS,
    EXPLOSIVES, AND INCENDIARIES BY
    INDIVIDUALS.

    (a) Interpretive Rule.--Subject to subsections (b) and (c), the
    Administrator shall periodically review and amend, as necessary, the
    interpretive rule (68 Fed. Reg. 7444) that provides guidance to the
    public on the types of property considered to be weapons, explosives,
    and incendiaries prohibited under section 1540.111 of title 49, Code of
    Federal Regulations.
    (b) Considerations.--Before determining whether to amend the
    interpretive rule to include or remove an item from the prohibited list,
    the Administrator shall--
    (1) research and evaluate--
    (A) the impact, if any, the amendment would have on
    security risks;
    (B) the impact, if any, the amendment would have on
    screening operations, including effectiveness and
    efficiency; and
    (C) whether the amendment is consistent with
    international standards and guidance, including of the
    International Civil Aviation Organization; and
    (2) consult with appropriate aviation security stakeholders,
    including ASAC.

    (c) Exceptions.--Except for plastic or round bladed butter knives,
    the Administrator may not amend the interpretive rule described in
    subsection (a) to authorize any knife to be permitted in an airport
    sterile area or in the cabin of an aircraft.
    (d) Notification.--The Administrator shall--
    (1) publish in the Federal Register any amendment to the
    interpretive rule described in subsection (a); and
    (2) notify the appropriate committees of Congress of the
    amendment not later than 3 days before publication under
    paragraph (1).
    SEC. 1963. FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS.

    (a) Improved Access to Training Facilities.--Section
    44921(c)(2)(C)(ii) is amended--
    (1) by striking ``The training of'' and inserting the
    following:
    ``(I) In general.--The training
    of'';
    (2) in subclause (I), as designated, by striking ``approved
    by the Under Secretary''; and
    (3) by adding at the end the following:
    ``(II) Access to training
    facilities.--The Administrator shall
    designate additional firearms training
    facilities located in various regions of
    the United States for Federal flight
    deck officers for recurrent and
    requalifying training relative to the
    number of such 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 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 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 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) <> Sensitive Security Information.--
    Not later than 180 days after the date of enactment of this Act--
    (1) the Secretary of Transportation shall revise section
    15.5(b)(11) of title 49, Code of Federal Regulations, to
    classify information about pilots deputized as Federal flight
    deck officers under section 44921 of title 49, United States
    Code, as sensitive security information in a manner consistent
    with the classification of information about Federal air
    marshals; and
    (2) the Administrator shall revise section 1520.5(b)(11) of
    title 49, Code of Federal Regulations, to classify information
    about pilots deputized as Federal flight deck officers under
    section 44921 of title 49, United States Code, as sensitive
    security information in a manner consistent with the
    classification of information about Federal air marshals.

    (j) <>  Regulations.--Not later than 180
    days after the date of enactment of this Act, the Administrator shall
    prescribe such regulations as may be necessary to carry out this section
    and the amendments made by this section.

    Subtitle G--Surface Transportation Security

    SEC. 1964. <>  SURFACE TRANSPORTATION
    SECURITY ASSESSMENT AND IMPLEMENTATION
    OF RISK-BASED STRATEGY.

    (a) Security Assessment.--
    (1) In general.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall complete an
    assessment of the vulnerabilities of and risks to surface
    transportation systems.
    (2) Considerations.--In conducting the security assessment
    under paragraph (1), the Administrator shall, at a minimum--
    (A) consider appropriate intelligence;
    (B) consider security breaches and attacks at
    domestic and international surface transportation
    facilities;
    (C) consider the vulnerabilities and risks
    associated with specific modes of surface
    transportation;
    (D) evaluate the vetting and security training of--
    (i) employees in surface transportation; and

    [[Page 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 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. <>  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 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. <>  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 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. <>  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 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. <>  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 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 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 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) <>  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 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. <>  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 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 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. <>  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 3616]]

    General of the United States shall review such strategy and, as
    appropriate, issue recommendations.
    SEC. 1976. <>  SECURITY AWARENESS PROGRAM.

    (a) Establishment.--The Administrator shall establish a program to
    promote surface transportation security through the training of surface
    transportation operators and frontline employees on each of the skills
    identified in subsection (c).
    (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 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. <>  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 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. <>  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 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 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. <>  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 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. <>  NUCLEAR MATERIAL AND
    EXPLOSIVE DETECTION TECHNOLOGY.

    The Secretary, in coordination with the Director of the National
    Institute of Standards and Technology and the head of each relevant
    Federal department or agency researching nuclear material detection
    systems or explosive detection systems, shall research, facilitate, and,
    to the extent practicable, deploy next generation technologies,
    including active neutron interrogation, to detect nuclear material and
    explosives in transportation systems and transportation facilities.

    Subtitle H--Transportation Security

    SEC. 1985. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY REVIEW.

    (a) GAO Review.--
    (1) In general.--Not later than 1 year after the date of
    enactment of this Act, the Comptroller General of the United
    States shall evaluate the degree to which the most recent
    National Strategy for Transportation Security, as updated, under
    section 114(s) of title 49, United States Code, is reflected in
    relevant Federal transportation security programs, budgets,
    research, staffing levels, and related activities.
    (2) Considerations.--In conducting the evaluation under
    paragraph (1), the Comptroller General shall consider the degree
    to which--
    (A) the strategy is sufficiently forward-looking to
    guide future Federal efforts relating to transportation
    security;
    (B) Federal transportation security programs,
    budgets, research, staffing levels, and related
    activities for fiscal year 2019 and subsequent fiscal
    years would be guided by the strategy; and
    (C) any annual progress reports submitted to
    Congress under that section after the strategy is
    submitted would provide information on the degree to
    which that strategy guides Federal efforts relating to
    transportation security.
    SEC. 1986. <>  RISK SCENARIOS.

    (a) In General.--The Administrator shall annually develop,
    consistent with the transportation modal security plans required under
    section 114(s) of title 49, United States Code, risk-based priorities
    based on risk assessments conducted or received by the

    [[Page 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. <>  INTEGRATED AND UNIFIED
    OPERATIONS CENTERS.

    (a) Framework.--Not later than 120 days after the date of enactment
    of this Act, the Administrator, in consultation with the heads of other
    appropriate offices or components of the Department, shall make
    available to public and private stakeholders a framework for
    establishing an integrated and unified operations center responsible for
    overseeing daily operations of a transportation facility that promotes
    coordination for responses to terrorism, serious incidents, and other
    purposes, as determined appropriate by the Administrator.
    (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Administrator shall brief the appropriate committees of
    Congress regarding the establishment and activities of integrated and
    unified operations centers at transportation facilities at which the TSA
    has a presence.
    SEC. 1988. NATIONAL DEPLOYMENT FORCE.

    (a) In General.--Subchapter II of chapter 449, as amended by section
    1943 of this Act, is further amended by adding at the end the following:
    ``SEC. 44948. <>  NATIONAL DEPLOYMENT
    OFFICE.

    ``(a) Establishment.--There is established within the Transportation
    Security Administration a National Deployment Office, to be headed by an
    individual with supervisory experience. Such individual shall be
    designated by the Administrator of the Transportation Security
    Administration.
    ``(b) Duties.--The individual designated as the head of the National
    Deployment Office shall be responsible for the following:

    [[Page 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 <>  Act, is further amended by adding after the item relating to
    section 44947 the following:

    ``44948. National Deployment Office.''.

    (c) Conforming Amendment.--Section 114(f), as amended by section
    1904 of this Act, is further amended--
    (1) in paragraph (14), by striking ``and'' after the
    semicolon at the end;
    (2) by redesignating paragraph (15) as paragraph (16); and
    (3) by inserting after paragraph (14) the following:
    ``(15) establish and maintain a National Deployment Office
    as required under section 44948 of this title; and''.

    (d) <>  Career Development.--The
    Administrator may consider service in the National Deployment Force as a
    positive factor when evaluating applicants for promotion opportunities
    within the TSA.

    (e) Report.--Not later than 1 year after the date of enactment of
    this Act and annually thereafter for 5 years, the Administrator shall
    submit to the appropriate committees of Congress a report regarding
    activities of the National Deployment Office, including the National
    Deployment Force, established under section 44948 of title 49, United
    States Code. Each such report shall include information relating to the
    following:

    [[Page 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. <>  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 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 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 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) <>  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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 <>  striking the following:

    ``46503. Repealed.''.

    (i) <>  Chapter 483 Repeal.--
    (1) In general.--Chapter 483 is repealed.
    (2) Conforming amendment.--The table of contents for
    subtitle VII <>  is amended by
    striking the following:

    ``483. Aviation security funding................................48301''.

    (j) Authority To Exempt.--
    (1) In general.--Subchapter II of chapter 449 is amended by
    inserting before section 44933 the following:
    ``Sec. 44931. <>  Authority to exempt

    ``The Secretary of Homeland Security may grant an exemption from a
    regulation prescribed in carrying out sections 44901, 44903, 44906,
    44909(c), and 44935-44937 of this title when the Secretary decides the
    exemption is in the public interest.
    ``Sec. 44932. <>  Administrative

    ``(a) General Authority.--The Secretary of Homeland Security or the
    Administrator of the Transportation Security Administration may take
    action the Secretary or the Administrator considers necessary to carry
    out this chapter and chapters 461, 463, and 465

    [[Page 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 <>  amended by inserting before
    the item relating to section 44933 the following:

    ``44931. Authority to exempt.
    ``44932. Administrative.''.

    SEC. 1992. TABLE OF CONTENTS OF CHAPTER 449.

    The table of contents of chapter 449 <>
    is amended--
    (1) in the item relating to section 44922, by striking
    ``Deputation'' and inserting ``Deputization''; and
    (2) by inserting after section 44941 the following:

    ``44942. Performance goals and objectives.
    ``44943. Performance management system.''.

    SEC. 1993. OTHER LAWS; INTELLIGENCE REFORM AND TERRORISM
    PREVENTION ACT OF 2004.

    Section 4016(c) of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (49 U.S.C. 44917 note) is amended--
    (1) in paragraph (1), by striking ``Assistant Secretary for
    Immigration and Customs Enforcement'' and inserting
    ``Administrator of the Transportation Security Administration'';
    and
    (2) in paragraph (2), by striking ``Assistant Secretary for
    Immigration and Customs Enforcement and the Director of Federal
    Air Marshal Service of the Department of Homeland Security, in
    coordination with the Assistant Secretary of Homeland Security
    (Transportation Security Administration),'' and inserting
    ``Administrator of the Transportation Security Administration
    and the Director of Federal Air Marshal Service of the
    Department of Homeland Security''.
    SEC. 1994. <>  SAVINGS PROVISIONS.

    References relating to the Under Secretary of Transportation for
    Security in statutes, Executive orders, rules, regulations, directives,
    or delegations of authority that precede the effective date

    [[Page 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
    considered and concurred in
    House amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Oct. 5, Presidential statement.