H. Res. 1082 

In the House of Representatives, U. S., 

September 26, 2018. 

Resolved, That upon the adoption of this resolution the 

House shall be considered to have taken from the Speaker’s 

table the bill, H.R. 302, with the Senate amendment thereto, 

and to have concurred in the Senate amendment with the following amendment: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate to the text of the bill, insert 

the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘FAA 

Reauthorization Act of 2018’’. 

(b) TABLE OF CONTENTS.—The table of contents for 

this Act is as follows: 

Sec. 1. Short title; table of contents. 

DIVISION A—SPORTS MEDICINE LICENSURE 

Sec. 11. Short title. 

Sec. 12. Protections for covered sports medicine professionals. 

DIVISION B—FAA REAUTHORIZATION ACT OF 2018 

Sec. 101. Definition of appropriate committees of Congress. 

TITLE I—AUTHORIZATIONS 
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Subtitle A—Funding of FAA Programs 

Sec. 111. Airport planning and development and noise compatibility planning 

and programs. 

Sec. 112. Facilities and equipment. 

Sec. 113. FAA operations. 

Sec. 114. Weather reporting programs. 

Sec. 115. Adjustment to AIP program funding. 

Sec. 116. Funding for aviation programs. 

Sec. 117. Extension of expiring authorities. 

Subtitle B—Passenger Facility Charges 

Sec. 121. Passenger facility charge modernization. 

Sec. 122. Future aviation infrastructure and financing study. 

Sec. 123. Intermodal access projects. 

Subtitle C—Airport Improvement Program Modifications 

Sec. 131. Grant assurances. 

Sec. 132. Mothers’ rooms. 

Sec. 133. Contract Tower Program. 

Sec. 134. Government share of project costs. 

Sec. 135. Updated veterans’ preference. 

Sec. 136. Use of State highway specifications. 

Sec. 137. Former military airports. 

Sec. 138. Eligibility of CCTV projects for airport improvement program. 

Sec. 139. State block grant program expansion. 

Sec. 140. Non-movement area surveillance pilot program. 

Sec. 141. Property conveyance releases. 

Sec. 142. Study regarding technology usage at airports. 

Sec. 143. Study on airport revenue diversion. 

Sec. 144. GAO study on the effect of granting an exclusive right of aeronautical services to an airport sponsor. 

Sec. 145. Sense of Congress on smart airports. 

Sec. 146. Critical airfield markings. 

Sec. 147. General facilities authority. 

Sec. 148. Recycling plans; uncategorized small airports. 

Sec. 149. Evaluation of airport master plans. 

Sec. 150. Definition of small business concern. 

Sec. 151. Small airport regulation relief. 

Sec. 152. Construction of certain control towers. 

Sec. 153. Nondiscrimination. 

Sec. 154. Definition of airport development. 

Sec. 155. General aviation airport expired funds. 

Sec. 156. Priority review of construction projects in cold weather States. 

Sec. 157. Minority and disadvantaged business participation. 

Sec. 158. Supplemental discretionary funds. 

Sec. 159. State taxation. 

Sec. 160. Airport investment partnership program. 

Sec. 161. Remote tower pilot program for rural and small communities. 

Sec. 162. Airport access roads in remote locations. 

Sec. 163. Limited regulation of non-federally sponsored property. 

Sec. 164. Seasonal airports. 

Sec. 165. Amendments to definitions. 

Sec. 166. Pilot program sunsets. 
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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-thefence 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. 

Sec. 232. Workforce review. 

Subtitle E—International Aviation 
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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. 
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Subtitle B—Unmanned Aircraft Systems 

Sec. 341. Definitions; Integration of civil unmanned aircraft systems into national airspace system. 

Sec. 342. Update of FAA comprehensive plan. 

Sec. 343. Unmanned aircraft test ranges. 

Sec. 344. Small unmanned aircraft in the Arctic. 

Sec. 345. Small unmanned aircraft safety standards. 

Sec. 346. Public unmanned aircraft systems. 

Sec. 347. Special authority for certain unmanned aircraft systems. 

Sec. 348. Carriage of property by small unmanned aircraft systems for compensation or hire. 

Sec. 349. Exception for limited recreational operations of unmanned aircraft. 

Sec. 350. Use of unmanned aircraft systems at institutions of higher education. 

Sec. 351. Unmanned aircraft systems integration pilot program. 

Sec. 352. Part 107 transparency and technology improvements. 

Sec. 353. Emergency exemption process. 

Sec. 354. Treatment of unmanned aircraft operating underground. 

Sec. 355. Public UAS operations by Tribal governments. 

Sec. 356. Authorization of appropriations for Know Before You Fly campaign. 

Sec. 357. Unmanned aircraft systems privacy policy. 

Sec. 358. UAS privacy review. 

Sec. 359. Study on fire department and emergency service agency use of unmanned aircraft systems. 

Sec. 360. Study on financing of unmanned aircraft services. 

Sec. 361. Report on UAS and chemical aerial application. 

Sec. 362. Sense of Congress regarding unmanned aircraft safety. 

Sec. 363. Prohibition regarding weapons. 

Sec. 364. U.S. Counter-UAS system review of interagency coordination processes. 

Sec. 365. Cooperation related to certain counter-UAS technology. 

Sec. 366. Strategy for responding to public safety threats and enforcement utility of unmanned aircraft systems. 

Sec. 367. Incorporation of Federal Aviation Administration occupations relating 

to unmanned aircraft into veterans employment programs of 

the administration. 

Sec. 368. Public UAS access to special use airspace. 

Sec. 369. Applications for designation. 

Sec. 370. Sense of Congress on additional rulemaking authority. 

Sec. 371. Assessment of aircraft registration for small unmanned aircraft. 

Sec. 372. Enforcement. 

Sec. 373. Federal and local authorities. 

Sec. 374. Spectrum. 

Sec. 375. Federal Trade Commission authority. 

Sec. 376. Plan for full operational capability of unmanned aircraft systems 

traffic management. 

Sec. 377. Early implementation of certain UTM services. 

Sec. 378. Sense of Congress. 

Sec. 379. Commercial and governmental operators. 

Sec. 380. Transition language. 

Sec. 381. Unmanned aircraft systems in restricted buildings or grounds. 

Sec. 382. Prohibition. 

Sec. 383. Airport safety and airspace hazard mitigation and enforcement. 

Sec. 384. Unsafe operation of unmanned aircraft. 
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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. 

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. 
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Sec. 439. Advisory committee on the air travel needs of passengers with disabilities. 

Sec. 440. Regulations ensuring assistance for passengers with disabilities in air 

transportation. 

Sec. 441. Transparency for disabled passengers. 

Subtitle C—Small Community Air Service 

Sec. 451. Essential air service authorization. 

Sec. 452. Study on essential air service reform. 

Sec. 453. Air transportation to noneligible places. 

Sec. 454. Inspector general review of service and oversight of unsubsidized carriers. 

Sec. 455. Small community air service. 

Sec. 456. Waivers. 

Sec. 457. Extension of final order establishing mileage adjustment eligibility. 

Sec. 458. Reduction in subsidy-per-passenger. 

TITLE V—MISCELLANEOUS 

Sec. 501. Definitions. 

Sec. 502. Report on air traffic control modernization. 

Sec. 503. Return on investment report. 

Sec. 504. Air traffic control operational contingency plans. 

Sec. 505. 2020 ADS-B Out mandate plan. 

Sec. 506. Securing aircraft avionics systems. 

Sec. 507. Human factors. 

Sec. 508. Programmatic risk management. 

Sec. 509. Review of FAA strategic cybersecurity plan. 

Sec. 510. Consolidation and realignment of FAA services and facilities. 

Sec. 511. FAA review and reform. 

Sec. 512. Air shows. 

Sec. 513. Part 91 review, reform, and streamlining. 

Sec. 514. Aircraft leasing. 

Sec. 515. Pilots sharing flight expenses with passengers. 

Sec. 516. Terminal Aerodrome Forecast. 

Sec. 517. Public aircraft eligible for logging flight times. 

Sec. 518. Aircraft Registry Office. 

Sec. 519. FAA data transparency. 

Sec. 520. Intra-agency coordination. 

Sec. 521. Administrative Services Franchise Fund. 

Sec. 522. Automatic dependent surveillance-broadcast. 

Sec. 523. Contract weather observers. 

Sec. 524. Regions and centers. 

Sec. 525. Geosynthetic materials. 

Sec. 526. National Airmail Museum. 

Sec. 527. Status of agreement between FAA and Little Rock Port Authority. 

Sec. 528. Briefing on aircraft diversions from Los Angeles International Airport to Hawthorne Municipal Airport. 

Sec. 529. TFR report. 

Sec. 530. Air traffic services at aviation events. 

Sec. 531. Application of veterans’ preference to Federal Aviation Administration personnel management system. 

Sec. 532. Clarification of requirements for living history flights. 

Sec. 533. Review and reform of FAA performance management system. 

Sec. 534. NextGen delivery study. 
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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. 
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Sec. 579. Regulatory streamlining. 

Sec. 580. Spaceports. 

Sec. 581. Special rule for certain aircraft operations (space support vehicles). 

Sec. 582. Portability of repairman certificates. 

Sec. 583. Undeclared hazardous materials public awareness campaign. 

Sec. 584. Liability protection for volunteer pilots who fly for the public benefit. 

TITLE VI—AVIATION WORKFORCE 

Subtitle A—Youth in Aviation 

Sec. 601. Student outreach report. 

Sec. 602. Youth Access to American Jobs in Aviation Task Force. 

Subtitle B—Women in Aviation 

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

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

Subtitle C—Future of Aviation Workforce 

Sec. 621. Aviation and aerospace workforce of the future. 

Sec. 622. Aviation and aerospace workforce of the future study. 

Sec. 623. Sense of Congress on hiring veterans. 

Sec. 624. Aviation maintenance industry technical workforce. 

Sec. 625. Aviation workforce development programs. 

Subtitle D—Unmanned Aircraft Systems Workforce 

Sec. 631. Community and technical college centers of excellence in small unmanned aircraft system technology training. 

Sec. 632. Collegiate training initiative program for unmanned aircraft systems. 

TITLE VII—FLIGHT R&D ACT 

Subtitle A—General Provisions 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Authorization of appropriations. 

Subtitle B—FAA Research and Development Organization 

Sec. 711. Assistant Administrator for Research and Development. 

Sec. 712. Research advisory committee. 

Subtitle C—Unmanned Aircraft Systems 

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

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. 
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Sec. 743. CLEEN aircraft and engine technology partnership. 

Sec. 744. Research and deployment of certain airfield pavement technologies. 

Subtitle F—Geospatial Data 

Sec. 751. Short title; findings. 

Sec. 752. Definitions. 

Sec. 753. Federal Geographic Data Committee. 

Sec. 754. National Geospatial Advisory Committee. 

Sec. 755. National Spatial Data Infrastructure. 

Sec. 756. National Geospatial Data Asset data themes. 

Sec. 757. Geospatial data standards. 

Sec. 758. GeoPlatform. 

Sec. 759. Covered agency responsibilities. 

Sec. 759A. Limitation on use of Federal funds. 

Sec. 759B. Savings provision. 

Sec. 759C. Private sector. 

Subtitle G—Miscellaneous 

Sec. 761. NextGen research. 

Sec. 762. Advanced Materials Center of Excellence. 

TITLE VIII—AVIATION REVENUE PROVISIONS 

Sec. 801. Expenditure authority from Airport and Airway Trust Fund. 

Sec. 802. Extension of taxes funding Airport and Airway Trust Fund. 

DIVISION C—NATIONAL TRANSPORTATION SAFETY BOARD 

REAUTHORIZATION ACT OF 2018 

Sec. 1101. Short title. 

Sec. 1102. Definitions. 

Sec. 1103. Authorization of appropriations. 

Sec. 1104. Still images. 

Sec. 1105. Electronic records. 

Sec. 1106. Report on Most Wanted List methodology. 

Sec. 1107. Methodology. 

Sec. 1108. Multimodal accident database management system. 

Sec. 1109. Addressing the needs of families of individuals involved in accidents. 

Sec. 1110. Government Accountability Office report on investigation launch decision-making processes. 

Sec. 1111. Periodic review of safety recommendations. 

Sec. 1112. General organization. 

Sec. 1113. Technical and conforming amendments. 

DIVISION D—DISASTER RECOVERY REFORM 

Sec. 1201. Short title. 

Sec. 1202. Applicability. 

Sec. 1203. Definitions. 

Sec. 1204. Wildfire prevention. 

Sec. 1205. Additional activities. 

Sec. 1206. Eligibility for code implementation and enforcement. 

Sec. 1207. Program improvements. 

Sec. 1208. Prioritization of facilities. 

Sec. 1209. Guidance on evacuation routes. 
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Sec. 1210. Duplication of benefits. 

Sec. 1211. State administration of assistance for direct temporary housing and 

permanent housing construction. 

Sec. 1212. Assistance to individuals and households. 

Sec. 1213. Multifamily lease and repair assistance. 

Sec. 1214. Private nonprofit facility. 

Sec. 1215. Management costs. 

Sec. 1216. Flexibility. 

Sec. 1217. Additional disaster assistance. 

Sec. 1218. National veterinary emergency teams. 

Sec. 1219. Right of arbitration. 

Sec. 1220. Unified Federal environmental and historic preservation review. 

Sec. 1221. Closeout incentives. 

Sec. 1222. Performance of services. 

Sec. 1223. Study to streamline and consolidate information collection. 

Sec. 1224. Agency accountability. 

Sec. 1225. Audit of contracts. 

Sec. 1226. Inspector general audit of FEMA contracts for tarps and plastic 

sheeting. 

Sec. 1227. Relief organizations. 

Sec. 1228. Guidance on inundated and submerged roads. 

Sec. 1229. Extension of assistance. 

Sec. 1230. Guidance and recommendations. 

Sec. 1231. Guidance on hazard mitigation assistance. 

Sec. 1232. Local impact. 

Sec. 1233. Additional hazard mitigation activities. 

Sec. 1234. National public infrastructure predisaster hazard mitigation. 

Sec. 1235. Additional mitigation activities. 

Sec. 1236. Guidance and training by FEMA on coordination of emergency response plans. 

Sec. 1237. Certain recoupment prohibited. 

Sec. 1238. Federal assistance to individuals and households and nonprofit facilities. 

Sec. 1239. Cost of assistance estimates. 

Sec. 1240. Report on insurance shortfalls. 

Sec. 1241. Post disaster building safety assessment. 

Sec. 1242. FEMA updates on national preparedness assessment. 

Sec. 1243. FEMA report on duplication in non-natural disaster preparedness 

grant programs. 

Sec. 1244. Study and report. 

Sec. 1245. Review of assistance for damaged underground water infrastructure. 

Sec. 1246. Extension. 

DIVISION E—CONCRETE MASONRY 

Sec. 1301. Short title. 

Sec. 1302. Declaration of policy. 

Sec. 1303. Definitions. 

Sec. 1304. Issuance of orders. 

Sec. 1305. Required terms in orders. 

Sec. 1306. Assessments. 

Sec. 1307. Referenda. 

Sec. 1308. Petition and review. 

Sec. 1309. Enforcement. 

Sec. 1310. Investigation and power to subpoena. 
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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. 
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Sec. 1463. Transfer of functions. 

Sec. 1464. Termination of Overseas Private Investment Corporation and other 

superceded authorities. 

Sec. 1465. Transitional authorities. 

Sec. 1466. Savings provisions. 

Sec. 1467. Other terminations. 

Sec. 1468. Incidental transfers. 

Sec. 1469. Reference. 

Sec. 1470. Conforming amendments. 

DIVISION G—SYRIA STUDY GROUP 

Sec. 1501. Syria Study Group. 

DIVISION H—PREVENTING EMERGING THREATS 

Sec. 1601. Short title. 

Sec. 1602. Protection of certain facilities and assets from unmanned aircraft. 

Sec. 1603. Protecting against unmanned aircraft. 

DIVISION I—SUPPLEMENTAL APPROPRIATIONS FOR DISASTER 

RELIEF, 2018 

Sec. 1701. Budgetary effects. 

DIVISION J—MARITIME SECURITY 

Sec. 1801. Short title. 

Sec. 1802. Definitions. 

Sec. 1803. Coordination with TSA on maritime facilities. 

Sec. 1804. Strategic plan to enhance the security of the international supply 

chain. 

Sec. 1805. Cybersecurity information sharing and coordination in ports. 

Sec. 1806. Facility inspection intervals. 

Sec. 1807. Updates of maritime operations coordination plan . 

Sec. 1808. Evaluation of Coast Guard deployable specialized forces. 

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. 
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Sec. 1905. Transportation Security Administration organization. 

Sec. 1906. Transportation Security Administration efficiency. 

Sec. 1907. Personnel management system review. 

Sec. 1908. TSA leap pay reform. 

Sec. 1909. Rank awards program for transportation security administration executives and senior professionals. 

Sec. 1910. Transmittals to Congress. 

Subtitle B—Security Technology 

Sec. 1911. Third party testing and verification of screening technology. 

Sec. 1912. Transportation security administration systems integration facility. 

Sec. 1913. Opportunities to pursue expanded networks for business. 

Sec. 1914. Reciprocal recognition of security standards. 

Sec. 1915. Transportation Security Laboratory. 

Sec. 1916. Innovation Task Force. 

Sec. 1917. 5-Year technology investment plan update. 

Sec. 1918. Maintenance of security-related technology. 

Sec. 1919. Biometrics expansion. 

Sec. 1920. Pilot program for automated exit lane technology. 

Sec. 1921. Authorization of appropriations; exit lane security. 

Sec. 1922. Real-time security checkpoint wait times. 

Sec. 1923. GAO report on deployment of screening technologies across airports. 

Sec. 1924. Screening technology review and performance objectives. 

Sec. 1925. Computed tomography pilot programs. 

Subtitle C—Public Area Security 

Sec. 1926. Definitions. 

Sec. 1927. Explosives detection canine capacity building. 

Sec. 1928. Third party domestic canines. 

Sec. 1929. Tracking and monitoring of canine training and testing. 

Sec. 1930. VIPR team statistics. 

Sec. 1931. Public area security working group. 

Sec. 1932. Public area best practices. 

Sec. 1933. Airport worker access controls cost and feasibility study. 

Sec. 1934. Securing airport worker access points. 

Sec. 1935. Law Enforcement Officer Reimbursement Program. 

Sec. 1936. Airport perimeter and access control security. 

Subtitle D—Passenger and Cargo Security 

Sec. 1937. PreCheck Program. 

Sec. 1938. PreCheck expedited screening. 

Sec. 1939. Trusted traveler programs; collaboration. 

Sec. 1940. Passenger security fee. 

Sec. 1941. Third party canine teams for air cargo security. 

Sec. 1942. Known Shipper Program review. 

Sec. 1943. Establishment of air cargo security division. 

Sec. 1944. Air cargo regulation review. 

Sec. 1945. GAO review. 

Sec. 1946. Screening partnership program updates. 

Sec. 1947. Screening performance assessments. 

Sec. 1948. Transportation security training programs. 

Sec. 1949. Traveler redress improvement. 

Sec. 1950. Improvements for screening of passengers with disabilities. 
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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. 
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Subtitle I—Conforming and Miscellaneous Amendments 

Sec. 1991. Title 49 amendments. 

Sec. 1992. Table of contents of chapter 449. 

Sec. 1993. Other laws; Intelligence Reform and Terrorism Prevention Act of 

2004. 

Sec. 1994. Savings provisions. 

DIVISION A—SPORTS MEDICINE 

LICENSURE 

SEC. 11. SHORT TITLE. 

This division may be cited as the ‘‘Sports Medicine Licensure Clarity Act of 2018’’. 

SEC. 12. PROTECTIONS FOR COVERED SPORTS MEDICINE PROFESSIONALS. 

(a) IN GENERAL.—In the case of a covered sports medicine professional who has in effect medical professional liability insurance coverage and provides in a secondary State covered medical services that are within the scope of practice of 

such professional in the primary State to an athlete or an 

athletic team (or a staff member of such an athlete or athletic team) pursuant to an agreement described in subsection 

(c)(4) with respect to such athlete or athletic team— 

(1) such medical professional liability insurance coverage shall cover (subject to any related premium adjustments) such professional with respect to such covered 

medical services provided by the professional in the secondary State to such an individual or team as if such 

services were provided by such professional in the primary State to such an individual or team; and 
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(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 
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(5) to supersede a licensure exemption the secondary State provides for sports medicine professionals 

licensed in the primary State. 

(c) DEFINITIONS.—In this division, the following definitions apply: 

(1) ATHLETE.—The term ‘‘athlete’’ means— 

(A) an individual participating in a sporting 

event or activity for which the individual may be 

paid; 

(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. 
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(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, di-
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agnosis, or treatment is provided on an inpatient or outpatient basis. Such term does not include facilities at an 

arena, stadium, or practice facility, or temporary facilities existing for events where athletes or athletic teams 

may compete. 

(6) INSTITUTION OF HIGHER EDUCATION.—The 

term ‘‘institution of higher education’’ has the meaning 

given such term in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001). 

(7) LICENSE.—The term ‘‘license’’ or ‘‘licensure’’, 

as applied with respect to a covered sports medicine professional, means a professional that has met the requirements and is approved to provide covered medical services in accordance with State laws and regulations in the 

primary State. Such term may include the registration 

or certification, or any other form of special recognition, 

of an individual as such a professional, as applicable. 

(8) NATIONAL GOVERNING BODY.—The term ‘‘national governing body’’ has the meaning given such term 

in section 220501 of title 36, United States Code. 

(9) PRIMARY STATE.—The term ‘‘primary State’’ 

means, with respect to a covered sports medicine professional, the State in which— 

(A) the covered sports medicine professional is 

licensed to practice; and 
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(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. 
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TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA 

Programs 

SEC. 111. AIRPORT PLANNING AND DEVELOPMENT AND NOISE 

COMPATIBILITY PLANNING AND PROGRAMS. 

(a) AUTHORIZATION.—Section 48103(a) of title 49, 

United States Code, is amended by striking ‘‘section 

47504(c)’’ and all that follows through the period at the end 

and inserting the following: ‘‘section 47504(c)— 

‘‘(1) $3,350,000,000 for fiscal year 2018; 

‘‘(2) $3,350,000,000 for fiscal year 2019; 

‘‘(3) $3,350,000,000 for fiscal year 2020; 

‘‘(4) $3,350,000,000 for fiscal year 2021; 

‘‘(5) $3,350,000,000 for fiscal year 2022; and 

‘‘(6) $3,350,000,000 for fiscal year 2023.’’. 

(b) OBLIGATION AUTHORITY.—Section 47104(c) of title 

49, United States Code, is amended in the matter preceding 

paragraph (1) by striking ‘‘2018,’’ and inserting ‘‘2023,’’. 

SEC. 112. FACILITIES AND EQUIPMENT. 

(a) AUTHORIZATION OF APPROPRIATIONS FROM AIRPORT AND AIRWAY TRUST FUND.—Section 48101(a) of title 

49, United States Code, is amended by striking paragraphs 

(1) through (5) and inserting the following: 

‘‘(1) $3,330,000,000 for fiscal year 2018. 

‘‘(2) $3,398,000,000 for fiscal year 2019. 
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‘‘(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. 
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‘‘(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; 
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‘‘(E) $11,269,000,000 for fiscal year 2022; 

and 

‘‘(F) $11,537,000,000 for fiscal year 2023.’’. 

(b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) of 

title 49, United States Code, is amended by adding at the 

end the following: 

‘‘(D) Not more than the following amounts for 

commercial space transportation activities: 

‘‘(i) $22,587,000 for fiscal year 2018. 

‘‘(ii) $33,038,000 for fiscal year 2019. 

‘‘(iii) $43,500,000 for fiscal year 2020. 

‘‘(iv) $54,970,000 for fiscal year 2021. 

‘‘(v) $64,449,000 for fiscal year 2022. 

‘‘(vi) $75,938,000 for fiscal year 2023.’’. 

(c) AUTHORITY TO TRANSFER FUNDS.—Section 

106(k)(3) of title 49, United States Code, is amended by 

striking ‘‘fiscal years 2012 through 2018,’’ and inserting ‘‘fiscal years 2018 through 2023,’’. 

SEC. 114. WEATHER REPORTING PROGRAMS. 

Section 48105 of title 49, United States Code, is amended— 

(1) by striking ‘‘To reimburse the’’ and all that follows through ‘‘the Secretary of Transportation’’ and inserting ‘‘To sustain the aviation weather reporting pro-
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grams 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.—Sec-
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tion 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 

(2) by striking subparagraphs (A) and (B). 
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(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; 
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(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; 
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(7) the impact to passengers and airports of indexing the passenger facility charge for inflation; 

(8) how long airports are constrained with current 

passenger facility charge collections; 

(9) the impact of passenger facility charges on promoting competition; 

(10) the additional resources or options to fund terminal construction projects; 

(11) the resources eligible for use toward noise reduction and emission reduction projects; 

(12) the gap between the cost of projects eligible for 

the airport improvement program and the annual Federal funding provided; 

(13) the impact of regulatory requirements on airport infrastructure financing needs; 

(14) airline competition; 

(15) airline ancillary fees and their impact on ticket 

pricing and taxable revenue; and 

(16) the ability of airports to finance necessary 

safety, security, capacity, and environmental projects 

identified in capital improvement plans. 

(d) LARGE HUB AIRPORTS.—The study shall, to the extent not considered under subsection (c), separately evaluate 

the infrastructure requirements of the large hub airports 
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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 inde-
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pendent nonprofit organization that recommends solutions to 

public policy challenges through objective analysis. 

SEC. 123. INTERMODAL ACCESS PROJECTS. 

Not later than 6 months after the date of enactment of 

this Act, the Administrator of the Federal Aviation Administration shall, after consideration of all public comments, publish in the Federal Register a final policy amendment consistent with the notice published in the Federal Register on 

May 3, 2016 (81 Fed. Reg. 26611). 

Subtitle C—Airport Improvement 

Program Modifications 

SEC. 131. GRANT ASSURANCES. 

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

(1) in subsection (a)(17), by striking ‘‘each contract’’ and inserting ‘‘if any phase of such project has 

received funds under this subchapter, each contract’’; 

(2) in subsection (r)(3), by striking ‘‘2018’’ and inserting ‘‘2023’’; and 

(3) by adding at the end the following: 

‘‘(u) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 

‘‘(1) IN GENERAL.—The construction of a covered 

aircraft shall be treated as an aeronautical activity for 

purposes of— 
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‘‘(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. 
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‘‘(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; 
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‘‘(F) if the recreational purpose will not impact 

the aeronautical use of the airport; 

‘‘(G) if the airport sponsor provides a certification that the sponsor is not responsible for preparation, start-up, operations, maintenance, or any 

other costs associated with the recreational purpose; 

and 

‘‘(H) if the recreational purpose is consistent 

with Federal land use compatibility criteria under 

section 47502. 

‘‘(3) STATUTORY CONSTRUCTION.—Nothing in this 

subsection may be construed as permitting a diversion of 

airport revenue for the capital or operating costs associated with the community use of airport land.’’. 

SEC. 132. MOTHERS’ ROOMS. 

(a) GRANT ASSURANCES.—Section 47107 of title 49, 

United States Code, as amended by this Act, is further 

amended by adding at the end the following: 

‘‘(w) MOTHERS’ ROOMS.— 

‘‘(1) IN GENERAL.—In fiscal year 2021 and each 

fiscal year thereafter, the Secretary of Transportation 

may approve an application under this subchapter for an 

airport development project grant only if the Secretary 

receives written assurances that the airport owner or operator will maintain— 
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‘‘(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. 
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‘‘(3) DEFINITION.—In this section, the term— 

‘‘(A) ‘lactation area’ means a room or similar 

accommodation that— 

‘‘(i) provides a location for members of 

the public to express breast milk that is shielded from view and free from intrusion from the 

public; 

‘‘(ii) has a door that can be locked; 

‘‘(iii) includes a place to sit, a table or 

other flat surface, a sink or sanitizing equipment, and an electrical outlet; 

‘‘(iv) is readily accessible to and usable by 

individuals with disabilities, including individuals who use wheelchairs; and 

‘‘(v) is not located in a restroom; and 

‘‘(B) ‘sterile area’ has the same meaning given 

that term in section 1540.5 of title 49, Code of 

Federal Regulations.’’. 

(b) TERMINAL DEVELOPMENT COSTS.—Section 

47119(a) of title 49, United States Code, is amended by adding at the end the following: 

‘‘(3) LACTATION AREAS.—In addition to the 

projects described in paragraph (1), the Secretary may 

approve a project for terminal development for the con-
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struction 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 
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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: 
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‘‘(G) BENEFIT-TO-COST CALCULATION.—Not 

later than 90 days after receiving an application to 

the Contract Tower Program, the Secretary shall 

calculate a benefit-to-cost ratio (as described in subsection (d)) for the applicable air traffic control 

tower for purposes of selecting towers for participation in the Contract Tower Program.’’. 

(b) CRITERIA TO EVALUATE PARTICIPANTS.—Section 

47124 of title 49, United States Code, is amended by adding 

at the end the following: 

‘‘(d) CRITERIA TO EVALUATE PARTICIPANTS.— 

‘‘(1) TIMING OF EVALUATIONS.— 

‘‘(A) TOWERS PARTICIPATING IN COST-SHARE

PROGRAM.—In the case of an air traffic control 

tower that is operated under the Cost-share Program, the Secretary shall annually calculate a benefit-to-cost ratio with respect to the tower. 

‘‘(B) TOWERS PARTICIPATING IN CONTRACT

TOWER PROGRAM.—In the case of an air traffic 

control tower that is operated under the Contract 

Tower Program, the Secretary shall not calculate a 

benefit-to-cost ratio after the date of enactment of 

this subsection with respect to the tower unless the 

Secretary determines that the annual aircraft traffic 
41 

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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 Ad-
42 

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ministration and would not be maintained except as 

a result of the operation of the tower. 

‘‘(E) Other actual costs of the Federal Aviation Administration directly associated with the 

tower that would not be incurred except as a result 

of the operation of the tower (excluding costs for 

noncontract tower-related personnel and equipment, 

even if the personnel or equipment is located in the 

contract tower building). 

‘‘(3) OTHER CRITERIA TO BE CONSIDERED.—In establishing a benefit-to-cost ratio under this section with 

respect to an air traffic control tower, the Secretary 

shall add a 10 percentage point margin of error to the 

benefit-to-cost ratio determination to acknowledge and 

account for the direct and indirect economic and other 

benefits that are not included in the criteria the Secretary used in calculating that ratio. 

‘‘(4) REVIEW OF COST-BENEFIT DETERMINATIONS.—In issuing a benefit-to-cost ratio determination 

under this section with respect to an air traffic control 

tower located at an airport, the Secretary shall implement the following procedures: 

‘‘(A) The Secretary shall provide the airport 

(or the State or local government having jurisdiction over the airport) at least 90 days following the 
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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 Sec-
44 

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retary 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 
45 

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referred to as the ‘Contract Tower Program’)’’ and 

inserting ‘‘Contract Tower Program’’; 

(C) in subparagraph (B), by striking ‘‘In carrying out the program’’ and inserting ‘‘In carrying 

out the Cost-share Program’’; 

(D) in subparagraph (C), by striking ‘‘participate in the program’’ and inserting ‘‘participate in 

the Cost-share Program’’; and 

(E) in subparagraph (F), by striking ‘‘the program continued under paragraph (1)’’ and inserting 

‘‘the Contract Tower Program’’. 

(d) APPROVAL OF CERTAIN APPLICATIONS FOR THE

CONTRACT TOWER PROGRAM.— 

(1) IN GENERAL.—If the Administrator of the Federal Aviation Administration has not implemented a revised cost-benefit methodology for purposes of determining eligibility for the Contract Tower Program before 

the date that is 30 days after the date of enactment of 

this Act, any airport with an application for participation in the Contract Tower Program pending as of January 1, 2017, shall be approved for participation in the 

Contract Tower Program if the Administrator determines the tower is eligible under the criteria set forth in 

the Federal Aviation Administration report entitled ‘‘Establishment and Discontinuance Criteria for Airport 
46 

•HRES 1082 EH 

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— 
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‘‘(A) the Administrator determines is a successive phase of a multiphase construction project for 

which the sponsor received a grant in fiscal year 

2011; and 

‘‘(B) for which the United States Government’s share of allowable project costs would otherwise be capped at 90 percent under paragraph (2) 

or (3).’’. 

SEC. 135. UPDATED VETERANS’ PREFERENCE. 

Section 47112(c)(1)(C) of title 49, United States Code, 

is amended— 

(1) by striking ‘‘or Operation New Dawn for more’’ 

and inserting ‘‘Operation New Dawn, Operation Inherent Resolve, Operation Freedom’s Sentinel, or any successor contingency operation to such operations for 

more’’; and 

(2) by striking ‘‘or Operation New Dawn (whichever 

is later)’’ and inserting ‘‘Operation New Dawn, Operation Inherent Resolve, Operation Freedom’s Sentinel, or 

any successor contingency operation to such operations 

(whichever is later)’’. 

SEC. 136. USE OF STATE HIGHWAY SPECIFICATIONS. 

Section 47114(d)(5) of title 49, United States Code, is 

amended to read as follows: 
48 

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‘‘(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— 
49 

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‘‘(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’’. 
50 

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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: 

‘‘§ 47143. Non-movement area surveillance surface display systems pilot program 

‘‘(a) IN GENERAL.—The Administrator of the Federal 

Aviation Administration may carry out a pilot program to 

support non-Federal acquisition and installation of qualifying 

non-movement area surveillance surface display systems and 

sensors if— 

‘‘(1) the Administrator determines that such systems and sensors would improve safety or capacity in the 

National Airspace System; and 

‘‘(2) the non-movement area surveillance surface 

display systems and sensors supplement existing movement area systems and sensors at the selected airports 

established under other programs administered by the 

Administrator. 

‘‘(b) PROJECT GRANTS.— 

‘‘(1) IN GENERAL.—For purposes of carrying out 

the pilot program, the Administrator may make a 

project grant out of funds apportioned under paragraph 

(1) or paragraph (2) of section 47114(c) to not more 

than 5 eligible sponsors to acquire and install qualifying 
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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 ‘nonmovement area surveillance surface display systems and 

sensors’ means a non-Federal surveillance system that 

uses on-airport sensors that track vehicles or aircraft 
52 

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that are equipped with transponders in the non-movement area. 

‘‘(3) QUALIFYING NON-MOVEMENT AREA SURVEILLANCE SURFACE DISPLAY SYSTEM AND SENSORS.—The 

term ‘qualifying non-movement area surveillance surface 

display system and sensors’ means a non-movement area 

surveillance surface display system that— 

‘‘(A) provides the required transmit and receive 

data formats consistent with the National Airspace 

System architecture at the appropriate service delivery point; 

‘‘(B) is on-airport; and 

‘‘(C) is airport operated.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—The 

table of contents of chapter 471 of title 49, United States 

Code, is amended by inserting after the item relating to section 47142 the following: 

‘‘47143. Non-movement area surveillance surface display systems pilot program.’’. 

SEC. 141. PROPERTY CONVEYANCE RELEASES. 

Section 817(a) of the FAA Modernization and Reform 

Act of 2012 (49 U.S.C. 47125 note) is amended— 

(1) by striking ‘‘or section 23’’ and inserting ‘‘, section 23’’; and 

(2) by inserting ‘‘, or section 47125 of title 49, 

United States Code’’ before the period at the end. 
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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, 
54 

•HRES 1082 EH 

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. 
55 

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SEC. 144. GAO STUDY ON THE EFFECT OF GRANTING AN EXCLUSIVE RIGHT OF AERONAUTICAL SERVICES TO AN 

AIRPORT SPONSOR. 

(a) IN GENERAL.—Not later than 2 years after the date 

of enactment of this Act, the Comptroller General of the 

United States shall conduct a study to examine the cases in 

which an airport sponsor has exercised an exclusive right 

(commonly known as a proprietary exclusive right), as described in the Federal Aviation Advisory Circular 150/1590– 

6 issued on January 4, 2007. 

(b) REPORT.—Upon completion of the study described 

under subsection (a), the Comptroller General shall submit to 

the appropriate committees of Congress a report on the findings of the study. 

SEC. 145. SENSE OF CONGRESS ON SMART AIRPORTS. 

It is the sense of Congress that the Administrator of the 

Federal Aviation Administration and the Secretary of Transportation should produce a smart airports initiative plan that 

focuses on creating a more consumer-friendly and digitally 

connected airport experience. The plan should include recommendations on modernizing technologies to provide more 

efficient check-ins, shortened security lines, Wi-Fi and GPS 

upgrades, as well as improvements of aircraft turnaround for 

on-time boarding and flights. The purpose of the initiative is 

to invest in technologies and infrastructure toward better-con-
56 

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nected 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: 
57 

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‘‘(e) TRANSFERS OF AIR TRAFFIC SYSTEMS.— 

‘‘(1) IN GENERAL.—An airport may transfer, without consideration, to the Administrator of the Federal 

Aviation Administration, an eligible air traffic system or 

equipment that conforms to performance specifications 

of the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing 

the system or equipment. 

‘‘(2) ACCEPTANCE.—The Administrator shall accept 

the eligible air traffic system or equipment and operate 

and maintain it under criteria of the Administrator. 

‘‘(3) DEFINITION.—In this subsection, the term ‘eligible air traffic system or equipment’ means— 

‘‘(A) an instrument landing system consisting 

of a glide slope and localizer (if the Administrator 

has determined that a satellite navigation system 

cannot provide a suitable approach to an airport); 

‘‘(B) an Automated Weather Observing System 

weather observation system; or 

‘‘(C) a Remote Communication Air/Ground 

and Remote Communication Outlet communications 

facility.’’; and 

(2) by adding at the end the following: 

‘‘(f) AIRPORT SPACE.— 
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‘‘(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 belowmarket 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— 
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•HRES 1082 EH 

(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— 
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‘‘(i) an airport that accrued apportionment funds under subparagraph (A) in fiscal 

year 2013 that is listed as having an unclassified status under the most recent national plan 

of integrated airport systems shall continue to 

accrue apportionment funds under subparagraph (A) at the same amount the airport accrued apportionment funds in fiscal year 2013, 

subject to the conditions of this paragraph; 

‘‘(ii) notwithstanding the period of availability as described in section 47117(b), an 

amount apportioned to an airport under clause 

(i) shall be available to the airport only during 

the fiscal year in which the amount is apportioned; and 

‘‘(iii) notwithstanding the waiver permitted under section 47117(c)(2), an airport 

receiving apportionment funds under clause (i) 

may not waive its claim to any part of the apportioned funds in order to make the funds 

available for a grant for another public-use airport. 

‘‘(D) An airport that re-establishes its classified status shall be eligible to accrue apportionment 
61 

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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;’’. 
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•HRES 1082 EH 

SEC. 151. SMALL AIRPORT REGULATION RELIEF. 

Section 47114(c)(1) of title 49, United States Code, is 

amended by striking subparagraph (F) and inserting the following: 

‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2018

THROUGH 2020.—Notwithstanding subparagraph 

(A) and subject to subparagraph (G), the Secretary 

shall apportion to a sponsor of an airport under 

that subparagraph for each of fiscal years 2018 

through 2020 an amount based on the number of 

passenger boardings at the airport during calendar 

year 2012 if the airport— 

‘‘(i) had 10,000 or more passenger 

boardings during calendar year 2012; 

‘‘(ii) had fewer than 10,000 passenger 

boardings during the calendar year used to calculate the apportionment for fiscal year 2018, 

2019, or 2020, as applicable, under subparagraph (A); and 

‘‘(iii) had scheduled air service at any 

point in the calendar year used to calculate the 

apportionment. 

‘‘(G) LIMITATIONS AND WAIVERS.—The authority to make apportionments in the manner prescribed in subparagraph (F) may be utilized no 

more than 3 years in a row. The Secretary may 
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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 
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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. 
65 

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‘‘(3) IMPLEMENTATION.—The Secretary shall consult with Indian tribal governments and cooperate with 

the States to implement this subsection. 

‘‘(4) INDIAN TRIBAL GOVERNMENT DEFINED.—In 

this section, the term ‘Indian tribal government’ has the 

same meaning given that term in section 102 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).’’. 

SEC. 154. DEFINITION OF AIRPORT DEVELOPMENT. 

Section 47116(d)(2) of title 49, United States Code, is 

amended to read as follows: 

‘‘(2) AIRPORT DEVELOPMENT FOR ELIGIBLE MOUNTAINTOP AIRPORTS.—In making grants to sponsors described in subsection (b), the Secretary shall give priority consideration to mass grading and associated structural support (including access road, duct banks, and 

other related infrastructure) at mountaintop airports, 

provided that the airport would not otherwise have sufficient surface area for— 

‘‘(A) eligible and justified airport development 

projects; or 

‘‘(B) additional hangar space.’’. 

SEC. 155. GENERAL AVIATION AIRPORT EXPIRED FUNDS. 

Section 47117(b) of title 49, United States Code, is 

amended— 
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(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). 
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‘‘(B) STATE BLOCK GRANT PROGRAM.—If an 

amount apportioned to an airport under section 

47114(d)(3)(A) is not obligated within the time 

specified in paragraph (1), and the airport is located in a State participating in the State block 

grant program under section 47128, the amount 

shall be made available to that State under the 

same conditions as if the State had been apportioned the amount under section 47114(d)(3)(B).’’. 

SEC. 156. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN 

COLD WEATHER STATES. 

(a) IN GENERAL.—The Administrator of the Federal 

Aviation Administration, to the extent practicable, shall 

schedule the Administrator’s review of construction projects 

so that projects to be carried out in the States in which the 

weather during a typical calendar year prevents major construction projects from being carried out before May 1 are 

reviewed as early as possible. 

(b) BRIEFING.—The Administrator shall provide a briefing to the appropriate committees of Congress annually on 

the effectiveness of the review and prioritization. 

(c) TECHNICAL AMENDMENT.—Section 154 of the FAA 

Modernization and Reform Act of 2012 (49 U.S.C. 47112 

note) and the item relating to that section in the table of con-
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tents 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 minorityand 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 
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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. 
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(B) CONTENTS OF ASSESSMENT.—In carrying 

out subparagraph (A), the Administrator shall assess— 

(i) whether requirements relating to the 

inclusion of prompt payment language in contracts are being satisfied; 

(ii) whether and how airports are enforcing prompt payment requirements; 

(iii) the processes by which covered complaints are received and resolved by airports; 

(iv) whether improvements need to be 

made to— 

(I) better track covered complaints 

received by airports; and 

(II) assist the resolution of covered 

complaints in a timely manner; 

(v) whether changes to prime contractor 

specifications need to be made to ensure 

prompt payments to subcontractors; and, 

(vi) whether changes to prime contractor 

specifications need to be made to ensure 

prompt payment of retainage to subcontractors. 

(C) REPORTING.—The Administrator shall 

make available to the public on an appropriate 
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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. 
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‘‘(2) TREATMENT OF GRANTS.— 

‘‘(A) IN GENERAL.—A grant made under this 

subsection shall be treated as having been made 

pursuant to the Secretary’s authority under section 

47104(a) and from the Secretary’s discretionary 

fund under subsection (a) of this section. 

‘‘(B) EXCEPTION.—Except as otherwise provided in this subsection, grants made under this 

subsection shall not be subject to subsection (c), 

section 47117(e), or any other apportionment formula, special apportionment category, or minimum 

percentage set forth in this chapter. 

‘‘(3) ELIGIBILITY AND PRIORITIZATION.— 

‘‘(A) ELIGIBILITY.—The Secretary may provide grants under this subsection for an airport or 

terminal development project at any airport that is 

eligible to receive a grant from the discretionary 

fund under subsection (a) of this section. 

‘‘(B) PRIORITIZATION.—Not less than 50 percent of the amounts available under this subsection 

shall used to provide grants at— 

‘‘(i) airports that are eligible for apportionment under section 47114(d)(3); and 

‘‘(ii) nonhub and small hub airports. 

‘‘(4) AUTHORIZATION.— 
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‘‘(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 
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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’’; 
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(5) by amending subsection (d) to read as follows: 

‘‘(d) PROGRAM PARTICIPATION.— 

‘‘(1) MULTIPLE AIRPORTS.—The Secretary may 

consider applications under this section submitted by a 

public airport sponsor for multiple airports under the 

control of the sponsor if all airports under the control 

of the sponsor are located in the same State. 

‘‘(2) PARTIAL PRIVATIZATION.—A purchaser or lessee may be an entity in which a sponsor has an interest.’’; and 

(6) by striking subsections (l) and (m) and inserting the following: 

‘‘(l) PREDEVELOPMENT LIMITATION.—A grant to an 

airport sponsor under this subchapter for predevelopment 

planning costs relating to the preparation of an application 

or proposed application under this section may not exceed 

$750,000 per application or proposed application.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 

471 of title 49, United States Code, is amended by striking 

the item relating to section 47134 and inserting the following: 

‘‘47134. Airport investment partnership program.’’. 

SEC. 161. REMOTE TOWER PILOT PROGRAM FOR RURAL AND 

SMALL COMMUNITIES. 

(a) PILOT PROGRAM.— 
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(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 oper-
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ators of remote towers in the United States and foreign countries to design the pilot program in a 

manner that leverages as many safety and airspace 

efficiency benefits as possible. 

(3) APPLICATIONS.—The operator of an airport 

seeking to participate in the pilot program shall submit 

to the Administrator an application that is in such form 

and contains such information as the Administrator may 

require. 

(4) PROGRAM DESIGN.—In designing the pilot program, the Administrator shall— 

(A) to the maximum extent practicable, ensure 

that at least 2 different vendors of remote tower 

systems participate; 

(B) identify which air traffic control information and data will assist the Administrator in evaluating the feasibility, safety, costs, and benefits of 

remote towers; 

(C) implement processes necessary to collect 

the information and data identified in subparagraph 

(B); 

(D) develop criteria, in addition to considering 

possible selection criteria in paragraph (5), for the 

selection of airports that will best assist the Administrator in evaluating the feasibility, safety, costs, 
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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. 
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(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 
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air traffic control tower whereby air traffic services 

are provided to operators at an airport from a location that may not be on or near the airport. 

(C) OTHER DEFINITIONS.—The terms 

‘‘nonhub airport’’, ‘‘primary airport’’, and ‘‘publicuse 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 
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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 Admin-
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istration’s 2017–2021 National Plan of Integrated 

Airport Systems (NPIAS) report. 

(C) The 30-year annual snowfall normal of the 

nearest weather station based on the National Oceanic and Atmospheric Administration Summary of 

Monthly Normals 1981–2010 exceeds 26 inches. 

(D) The airport serves as a base for a medical 

air ambulance transport aircraft. 

(E) The airport master record (Form 5010–1) 

effective on September 14, 2017 for the airport indicates 45 based aircraft consisting of single engine, 

multiple engine, and jet engine aircraft. 

(F) No funding under this section will be used 

for any portion of the storage facility designed to 

shelter maintenance and operations equipment that 

are not required for clearing airfield pavement of 

snow and ice. 

(G) The airport sponsor will complete design of 

the storage building not later than September 30, 

2019, and will initiate construction of the storage 

building not later than September 30, 2020. 

(H) The area of the storage facility, or portion 

thereof, to be funded under this subsection does not 

exceed 6,000 square feet; and 
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(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; 
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(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. 
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(d) AMENDMENTS TO AIRPORT LAYOUT PLANS.—Section 47107(a)(16) of title 49, United States Code, is amended— 

(1) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) the Secretary will review and approve or 

disapprove only those portions of the plan (or any 

subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, 

to, or from the airport or that would adversely affect the safety of people or property on the ground 

adjacent to the airport as a result of aircraft operations, or that adversely affect the value of prior 

Federal investments to a significant extent;’’; 

(2) in subparagraph (C), by striking ‘‘if the alteration’’ and all that follows through ‘‘airport; and’’ and 

inserting the following: ‘‘unless the alteration— 

‘‘(i) is outside the scope of the Secretary’s 

review and approval authority as set forth in 

subparagraph (B); or 

‘‘(ii) complies with the portions of the 

plan approved by the Secretary; and’’; and 

(3) in subparagraph (D), in the matter preceding 

clause (i), by striking ‘‘when an alternation’’ and all that 

follows through ‘‘Secretary, will’’ and inserting ‘‘when an 
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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.’’. 
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SEC. 165. AMENDMENTS TO DEFINITIONS. 

Section 47102 of title 49, United States Code, is amended— 

(1) in paragraph (3)— 

(A) in subparagraph (K), by striking ‘‘7505a) 

and if such project will result in an airport receiving 

appropriate’’ and inserting ‘‘7505a)) and if the airport would be able to receive’’; 

(B) by striking subparagraph (L) and inserting 

the following: 

‘‘(L) a project by a commercial service airport 

for the acquisition of airport-owned vehicles or 

ground support equipment equipped with low-emission technology if the airport is located in an air 

quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air 

Act (42 U.S.C. 7501(2); 7505a)), if the airport 

would be able to receive appropriate emission credits (as described in section 47139), and the vehicles 

are; 

‘‘(i) used exclusively on airport property; 

or 

‘‘(ii) used exclusively to transport passengers and employees between the airport and 

the airport’s consolidated rental car facility or 
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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 
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(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.’’. 
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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.’’. 
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(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 
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(2) the operator of the stage 2 aircraft operates not 

more than 10 flights per month using that aircraft. 

(b) TERMINATION.—The pilot program shall terminate 

on the earlier of— 

(1) the date that is 10 years after the date of the 

enactment of this Act; or 

(2) the date on which the Administrator determines 

that no stage 2 aircraft remain in service. 

(c) DEFINITIONS.—In this section: 

(1) MEDIUM HUB AIRPORT; NONHUB AIRPORT.— 

The terms ‘‘medium hub airport’’ and ‘‘nonhub airport’’ 

have the meanings given those terms in section 40102 

of title 49, United States Code. 

(2) STAGE 2 AIRCRAFT.—The term ‘‘stage 2 aircraft’’ has the meaning given the term ‘‘stage 2 airplane’’ in section 91.851 of title 14, Code of Federal 

Regulations (as in effect on the day before the date of 

the enactment of this Act). 

SEC. 173. ALTERNATIVE AIRPLANE NOISE METRIC EVALUATION 

DEADLINE. 

Not later than 1 year after the date of enactment of this 

Act, the Administrator of the Federal Aviation Administration shall complete the ongoing evaluation of alternative 

metrics to the current Day Night Level (DNL) 65 standard. 
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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 Fed-
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eral Aviation Administration shall consider the feasibility of 

dispersal headings or other lateral track variations to address 

community noise concerns, if— 

(1) the affected airport operator, in consultation 

with the affected community, submits a request to the 

Administrator for such a consideration; 

(2) the airport operator’s request would not, in the 

judgment of the Administrator, conflict with the safe 

and efficient operation of the national airspace system; 

and 

(3) the effect of a modified departure procedure 

would not significantly increase noise over noise sensitive 

areas, as determined by the Administrator. 

SEC. 176. COMMUNITY INVOLVEMENT IN FAA NEXTGEN 

PROJECTS LOCATED IN METROPLEXES. 

(a) COMMUNITY INVOLVEMENT POLICY.—Not later than 

180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall complete 

a review of the Federal Aviation Administration’s community 

involvement practices for Next Generation Air Transportation 

System (NextGen) projects located in metroplexes identified 

by the Administration. The review shall include, at a minimum, a determination of how and when to engage airports 

and communities in performance-based navigation proposals. 
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(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; 
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(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. 
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SEC. 179. AIRPORT NOISE MITIGATION AND SAFETY STUDY. 

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

jet aircraft approach and takeoff speeds and corresponding 

noise impacts on communities surrounding airports. 

(b) CONSIDERATIONS.—In conducting the study initiated 

under subsection (a), the Administrator shall determine— 

(1) whether a decrease in jet aircraft approach or 

takeoff speeds results in significant aircraft noise reductions; 

(2) whether the jet aircraft approach or takeoff 

speed reduction necessary to achieve significant noise reductions— 

(A) jeopardizes aviation safety; or 

(B) decreases the efficiency of the National 

Airspace System, including lowering airport capacity, increasing travel times, or increasing fuel burn; 

(3) the advisability of using jet aircraft approach or 

takeoff speeds as a noise mitigation technique; and 

(4) if the Administrator determines that using jet 

aircraft approach or takeoff speeds as a noise mitigation 

technique is advisable, whether any of the metropolitan 

areas specifically identified in section 189(b)(2) would 

benefit from such a noise mitigation technique without 
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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. 
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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 

(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— 
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(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); 
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(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 
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necessary definitions, noise standards for landing and 

takeoff, and noise test requirements that would apply to 

a civil supersonic aircraft. 

(2) SPECIAL FLIGHT AUTHORIZATIONS.—Not later 

than December 31, 2019, the Administrator shall issue 

a notice of proposed rulemaking to revise appendix B of 

part 91 of title 14, Code of Federal Regulations, to modernize the application process for a person applying to 

operate a civil aircraft at supersonic speeds for the purposes stated in that rule. 

(f) NEAR-TERM CERTIFICATION OF SUPERSONIC CIVIL

AIRCRAFT.— 

(1) IN GENERAL.—If a person submits an application requesting type certification of a civil supersonic 

aircraft pursuant to part 21 of title 14, Code of Federal 

Regulations, before the Administrator promulgates a 

final rule amending part 36 of title 14, Code of Federal 

Regulations, in accordance with subsection (e)(1), the 

Administrator shall, not later than 18 months after having received such application, issue a notice of proposed 

rulemaking applicable solely for the type certification, inclusive of the aircraft engines, of the supersonic aircraft 

design for which such application was made. 

(2) CONTENTS.—A notice of proposed rulemaking 

described in paragraph (1) shall— 
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(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 no-
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tice of proposed rulemaking required under paragraph 

(1), the Administrator shall publish in the Federal Register a final rule applying solely to the aircraft model 

submitted for type certification. 

(5) REVIEW OF RULES OF CIVIL SUPERSONIC

FLIGHTS.—Beginning December 31, 2020, and every 2 

years thereafter, the Administrator shall review available 

aircraft noise and performance data, and consult with 

heads of appropriate Federal agencies, to determine 

whether section 91.817 of title 14, Code of Federal Regulations, and Appendix B of part 91 of title 14, Code 

of Federal Regulations, may be amended, consistent with 

section 44715 of title 49, United States Code, to permit 

supersonic flight of civil aircraft over land in the United 

States. 

(6) IMPLEMENTATION OF NOISE STANDARDS.—The 

portion of the regulation issued by the Administrator of 

the Federal Aviation Administration titled ‘‘Revision of 

General Operating and Flight Rules’’ and published in 

the Federal Register on August 18, 1989 (54 Fed. Reg. 

34284) that restricts operation of civil aircraft at a true 

flight Mach number greater than 1 shall have no force 

or effect beginning on the date on which the Administrator publishes in the Federal Register a final rule 
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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 
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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— 
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‘‘(i) continue to provide technical assistance under subparagraph (A) until the standards are approved under paragraph (1); and 

‘‘(ii) clearly indicate to the State the 

standards that are acceptable to the Secretary, 

considering, at a minimum, local conditions 

and locally available materials.’’. 

SEC. 184. ELIGIBILITY OF PILOT PROGRAM AIRPORTS. 

(a) DISCRETIONARY FUND.—Section 47115 of title 49, 

United States Code, is further amended by adding at the end 

the following: 

‘‘(k) PARTNERSHIP PROGRAM AIRPORTS.— 

‘‘(1) AUTHORITY.—The Secretary may make grants 

with funds made available under this section for an airport participating in the program under section 47134 

if— 

‘‘(A) the Secretary has approved the application of an airport sponsor under section 47134(b) 

in fiscal year 2019; and 

‘‘(B) the grant will— 

‘‘(i) satisfy an obligation incurred by an 

airport sponsor under section 47110(e) or 

funded by a nonpublic sponsor for an airport 

development project on the airport; or 
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‘‘(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.’’. 
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SEC. 185. GRANDFATHERING OF CERTAIN DEED AGREEMENTS 

GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS. 

Section 47107(s) of title 49, United States Code, is 

amended by adding at the end the following: 

‘‘(3) EXEMPTION.—The terms and conditions of 

paragraph (2) shall not apply to an agreement described 

in paragraph (1) made before the enactment of the FAA 

Modernization and Reform Act of 2012 (Public Law 

112–95) that the Secretary determines does not comply 

with such terms and conditions but involves property 

that is subject to deed or lease restrictions that are considered perpetual and that cannot readily be brought 

into compliance. However, if the Secretary determines 

that the airport sponsor and residential property owners 

are able to make any modification to such an agreement 

on or after the date of enactment of this paragraph, the 

exemption provided by this paragraph shall no longer 

apply.’’. 

SEC. 186. STAGE 3 AIRCRAFT STUDY. 

(a) STUDY.—Not later than 180 days after the date of 

enactment of this Act, the Comptroller General of the United 

States shall initiate a review of the potential benefits, costs, 

and other impacts that would result from a phaseout of covered stage 3 aircraft. 

(b) CONTENTS.—The review shall include— 
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(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; 
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(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 
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submit to Congress a report containing the results of the 

review. 

(2) PRELIMINARY RECOMMENDATIONS.—The report 

shall contain such preliminary recommendations as the 

Administrator determines appropriate for revising the 

land use compatibility guidelines in part 150 of title 14, 

Code of Federal Regulations, based on the results of the 

review and in coordination with other agencies. 

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

(a) STUDY.—The Administrator of the Federal Aviation 

Administration shall evaluate alternative metrics to the current average day-night level standard, such as the use of actual noise sampling and other methods, to address community 

airplane noise concerns. 

(b) REPORT.—Not later than 1 year after the date of 

enactment of this Act, the Administrator shall submit to the 

appropriate committees of Congress a report on the results 

of the study under subsection (a). 

SEC. 189. STUDY ON POTENTIAL HEALTH AND ECONOMIC IMPACTS OF OVERFLIGHT NOISE. 

(a) IN GENERAL.—Not later than 180 days after the 

date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into an agreement 

with an eligible institution of higher education to conduct a 
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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; 
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(4) include an assessment of the relationship between a perceived increase in aircraft noise, including as 

a result of a change in flight paths that increases the 

visibility of aircraft from a certain location, and an actual increase in aircraft noise, particularly in areas with 

high or variable levels of nonaircraft-related ambient 

noise; and 

(5) consider the economic harm or benefits to businesses located party or wholly underneath flight paths 

most frequently used by aircraft flying at an altitude 

lower than 10,000 feet, including during takeoff or landing. 

(c) ELIGIBILITY.—An institution of higher education is 

eligible to conduct the study if the institution— 

(1) has— 

(A) a school of public health that has participated in the Center of Excellence for Aircraft Noise 

and Aviation Emissions Mitigation of the Federal 

Aviation Administration; or 

(B) a center for environmental health that receives funding from the National Institute of Environmental Health Sciences; 

(2) is located in one of the areas identified in subsection (b); 

(3) applies to the Administrator in a timely fashion; 
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(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 qual-
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ity, 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. 
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(i) SUNSET.—The program shall terminate 5 years after 

the Secretary makes the first grant under the program. 

(j) DEFINITIONS.—In this section, the following definitions apply: 

(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible 

consortium’’ means a consortium that is composed of 2 

or more of the following entities: 

(A) Businesses incorporated in the United 

States. 

(B) Public or private educational or research 

organizations located in the United States. 

(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— 
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(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 con-
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struction or improvement projects,’’ after ‘‘congested airports,’’; 

(2) in subsection (b)— 

(A) by redesignating paragraph (2) as paragraph (3); and 

(B) by inserting after paragraph (1) the following: 

‘‘(2) GENERAL AVIATION AIRPORT CONSTRUCTION

OR IMPROVEMENT PROJECT.—A general aviation airport 

construction or improvement project shall be subject to 

the coordinated and expedited environmental review 

process requirements set forth in this section.’’; 

(3) in subsection (c)(1), by striking ‘‘subsection 

(b)(2)’’ and inserting ‘‘subsection (b)(3)’’; 

(4) in subsection (d), by striking ‘‘subsection 

(b)(2)’’ and inserting ‘‘subsection (b)(3)’’; 

(5) in subsection (h), by striking ‘‘subsection 

(b)(2)’’ and inserting ‘‘subsection (b)(3)’’; and 

(6) in subsection (k), by striking ‘‘subsection 

(b)(2)’’ and inserting ‘‘subsection (b)(3)’’. 

(b) DEFINITIONS.—Section 47175 of title 49, United 

States Code, is amended by adding at the end the following: 

‘‘(8) GENERAL AVIATION AIRPORT CONSTRUCTION

OR IMPROVEMENT PROJECT.—The term ‘general aviation 

airport construction or improvement project’ means— 
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‘‘(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 
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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 
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made available to the sponsor under the program in any 

fiscal year for— 

‘‘(A) technical assistance; and 

‘‘(B) project management support to assist the 

airport with the solicitation, acquisition, and deployment of zero-emission vehicles, related equipment, 

and supporting infrastructure. 

‘‘(2) PROVIDERS OF TECHNICAL ASSISTANCE.—To 

receive the technical assistance or project management 

support described in paragraph (1), participants in the 

program may use— 

‘‘(A) a nonprofit organization selected by the 

Secretary; or 

‘‘(B) a university transportation center receiving grants under section 5505 in the region of the 

airport. 

‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.—The 

Secretary may create and make available materials identifying best practices for carrying out activities funded under 

the program based on previous related projects and other 

sources. 

‘‘(g) ALLOWABLE PROJECT COST.—The allowable 

project cost for the acquisition of a zero-emission vehicle shall 

be the total cost of purchasing or leasing the vehicle, includ-
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ing the cost of technical assistance or project management 

support described in subsection (e). 

‘‘(h) FLEXIBLE PROCUREMENT.—A sponsor of a publicuse 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, equip-
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ment 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 ultracapacitor, or other power source used in a zero-emission 

vehicle. 

‘‘(3) ZERO-EMISSION VEHICLE.—The term ‘zeroemission vehicle’ means— 

‘‘(A) a zero-emission vehicle as defined in section 88.102–94 of title 40, Code of Federal Regulations; or 

‘‘(B) a vehicle that produces zero exhaust 

emissions of any criteria pollutant (or precursor pol-
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lutant) 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 zeroemission airport technology and infrastructure 

projects. 

(B) FORMS OF ASSISTANCE.—The Secretary 

may provide assistance under the program in the 
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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 trans-
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portation technology projects, including projects related to zero-emission transportation operations. 

(4) ELIGIBLE PROJECTS.—A recipient of assistance 

under the program shall use the assistance— 

(A) to review and conduct demonstrations of 

zero-emission technologies and related infrastructure at airports; 

(B) to evaluate the credibility of new, unproven 

vehicle and energy-efficient technologies in various 

aspects of airport operations prior to widespread investment in the technologies by airports and the 

aviation industry; 

(C) to collect data and make the recipient’s 

findings available to airports, so that airports can 

evaluate the applicability of new technologies to 

their facilities; and 

(D) to report the recipient’s findings to the 

Secretary. 

(5) ADMINISTRATIVE PROVISIONS.— 

(A) FEDERAL SHARE.—The Federal share of 

the cost of a project carried out under the program 

may not exceed 80 percent. 

(B) TERMS AND CONDITIONS.—A grant, contract, or cooperative agreement under this section 
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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. 
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(2) ADVISORY COMMITTEE.—The term ‘‘Advisory 

Committee’’ means the Safety Oversight and Certification Advisory Committee established under section 

202. 

(3) FAA.—The term ‘‘FAA’’ means the Federal 

Aviation Administration. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the 

Secretary of Transportation. 

(5) SYSTEMS SAFETY APPROACH.—The term ‘‘systems safety approach’’ means the application of specialized technical and managerial skills to the systematic, 

forward-looking identification and control of hazards 

throughout the lifecycle of a project, program, or activity. 

SEC. 202. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY 

COMMITTEE. 

(a) ESTABLISHMENT.—Not later than 60 days after the 

date of enactment of this Act, the Secretary shall establish 

a Safety Oversight and Certification Advisory Committee. 

(b) DUTIES.—The Advisory Committee shall provide advice to the Secretary on policy-level issues facing the aviation 

community that are related to FAA safety oversight and certification programs and activities, including, at a minimum, 

the following: 
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(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; 
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(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. 
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(6) Periodically review and evaluate registration, 

certification, and related fees. 

(7) Provide appropriate legislative, regulatory, and 

guidance recommendations for the air transportation 

system and the aviation safety regulatory environment. 

(8) Recommend performance objectives for the FAA 

and industry. 

(9) Recommend performance metrics and goals to 

track and review the FAA and the regulated aviation industry on their progress towards streamlining certification reform, conducting flight standards reform, and 

carrying out regulation consistency efforts. 

(10) Provide a venue for tracking progress toward 

national goals and sustaining joint commitments. 

(11) Recommend recruiting, hiring, training, and 

continuing education objectives for FAA aviation safety 

engineers and aviation safety inspectors. 

(12) Provide advice and recommendations to the 

FAA on how to prioritize safety rulemaking projects. 

(13) Improve the development of FAA regulations 

by providing information, advice, and recommendations 

related to aviation issues. 

(14) Facilitate the validation and acceptance of 

United States manufactured and United States certificated products and services throughout the world. 
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(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. 
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(x) Aviation maintenance, repair, and 

overhaul. 

(xi) Airport owners and operators. 

(2) NONVOTING MEMBERS.— 

(A) IN GENERAL.—In addition to the members 

appointed under paragraph (1), the Advisory Committee shall be composed of nonvoting members appointed by the Secretary from among individuals 

representing FAA safety oversight program offices. 

(B) DUTIES.—The nonvoting members may— 

(i) take part in deliberations of the Advisory Committee; and 

(ii) provide input with respect to any final 

reports or recommendations of the Advisory 

Committee. 

(C) LIMITATION.—The nonvoting members 

may not represent any stakeholder interest other 

than that of an FAA safety oversight program office. 

(3) TERMS.—Each voting member and nonvoting 

member of the Advisory Committee appointed by the 

Secretary shall be appointed for a term of 2 years. 

(4) COMMITTEE CHARACTERISTICS.—The Advisory 

Committee shall have the following characteristics: 
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(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). 
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(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 
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(C) assist in expediting the development, revision, or elimination of rules without circumventing 

public rulemaking processes and procedures. 

(3) APPLICABLE LAW.—Public Law 92–463 shall 

not apply to a special committee established by the Advisory Committee. 

(h) SUNSET.—The Advisory Committee shall terminate 

on the last day of the 6-year period beginning on the date 

of the initial appointment of the members of the Advisory 

Committee. 

(i) TERMINATION OF AIR TRAFFIC PROCEDURES ADVISORY COMMITTEE.—The Air Traffic Procedures Advisory 

Committee established by the FAA shall terminate on the 

date of the initial appointment of the members of the Advisory Committee. 

Subtitle B—Aircraft Certification 

Reform 

SEC. 211. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND METRICS. 

(a) IN GENERAL.—Not later than 120 days after the 

date on which the Advisory Committee is established under 

section 202, the Administrator shall establish performance 

objectives and apply and track performance metrics for the 

FAA and the aviation industry relating to aircraft certification in accordance with this section. 
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(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; 
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(8) improving the process for approving or accepting certification actions between the FAA and bilateral 

partners; 

(9) maintaining and improving safety; 

(10) streamlining the hiring process for— 

(A) qualified systems safety engineers to support the FAA’s efforts to implement a systems safety approach; and 

(B) qualified systems engineers to guide the 

engineering of complex systems within the FAA; 

and 

(11) maintaining the leadership of the United 

States in international aviation and aerospace. 

(d) PERFORMANCE METRICS.—In carrying out subsection (a), the Administrator shall apply and track performance metrics for the FAA and the regulated aviation industry 

established by the Advisory Committee. 

(e) DATA GENERATION.— 

(1) BASELINES.—Not later than 1 year after the 

date on which the Advisory Committee recommends initial performance metrics for the FAA and the regulated 

aviation industry under section 202, the Administrator 

shall generate initial data with respect to each of the 

performance metrics applied and tracked under this section. 
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(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: 

‘‘§ 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— 
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‘‘(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— 
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‘‘(A) perform each specified function delegated 

to the ODA holder in accordance with the approved 

procedures manual for the delegation; 

‘‘(B) make the procedures manual available to 

each member of the appropriate ODA unit; and 

‘‘(C) cooperate fully with oversight activities 

conducted by the Administrator in connection with 

the delegation. 

‘‘(3) EXISTING ODA HOLDERS.—With regard to an 

ODA holder operating under a procedures manual approved by the Administrator before the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall— 

‘‘(A) at the request of the ODA holder and in 

an expeditious manner, approve revisions to the 

ODA holder’s procedures manual; 

‘‘(B) delegate fully to the ODA holder each of 

the functions to be performed as specified in the 

procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the 

public interest and safety of air commerce requires 

a limitation with respect to one or more of the functions; 
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‘‘(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 
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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; 
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‘‘(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. 
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‘‘(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 
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(ii) represent, at a minimum, ODA holders, aviation manufacturers, safety experts, 

and FAA labor organizations, including labor 

representatives of FAA aviation safety inspectors and aviation safety engineers. 

(b) SURVEY.—The Panel shall conduct a survey of ODA 

holders and ODA program applicants to document and assess 

FAA certification and oversight activities, including use of 

the ODA program and the timeliness and efficiency of the 

certification process. In carrying out this subsection, the 

Panel shall consult with appropriate survey experts to best 

design and conduct the survey. 

(c) ASSESSMENT AND RECOMMENDATIONS.—The Panel 

shall assess and make recommendations concerning— 

(1) the FAA’s processes and procedures under the 

ODA program and whether the processes and procedures 

function as intended; 

(2) the best practices of and lessons learned by 

ODA holders and FAA personnel who provide oversight 

of ODA holders; 

(3) performance incentive policies that— 

(A) are related to the ODA program for FAA 

personnel; and 

(B) do not conflict with the public interest; 
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(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: 
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‘‘(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 preestablished stages of the certification process, 

as agreed to by the Administrator and the type 

certificate applicant; 

‘‘(ii) automatic elevation to appropriate 

management personnel of the Federal Aviation 

Administration and the type certificate applicant of any major certification process milestone that is not completed or resolved within 

a specific period of time agreed to by the Administrator and the type certificate applicant; 

and 

‘‘(iii) resolution of a major certification 

process milestone elevated pursuant to clause 

(ii) within a specific period of time agreed to 
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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— 
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(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— 
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(1) determining what additional model inputs and 

labor distribution codes are needed to identify ODA 

oversight staffing needs; 

(2) developing and implementing system-based evaluation criteria and risk-based tools to aid ODA team 

members in targeting their oversight activities; 

(3) developing agreements and processes for sharing 

resources to ensure adequate oversight of ODA personnel performing certification and inspection work at 

supplier and company facilities; and 

(4) ensuring full utilization of ODA authority. 

(b) ODA DEFINED.—In this section, the term ‘‘ODA’’ 

has the meaning given that term in section 44736 of title 49, 

United States Code, as added by this Act. 

Subtitle C—Flight Standards Reform 

SEC. 221. FLIGHT STANDARDS PERFORMANCE OBJECTIVES 

AND METRICS. 

(a) IN GENERAL.—Not later than 120 days after the 

date on which the Advisory Committee is established under 

section 202, the Administrator shall establish performance 

objectives and apply and track performance metrics for the 

FAA and the aviation industry relating to flight standards 

activities in accordance with this section. 

(b) COLLABORATION.—The Administrator shall carry 

out this section in collaboration with the Advisory Committee, 
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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; 
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(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 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 
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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; 
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(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; 
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(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). 
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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 
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documents of the Office of Aviation Safety and any 

changes to existing documents are included in the database established under subsection (a) as such documents 

or changes to existing documents are issued. 

(c) CONSULTATION REQUIREMENT.—In establishing the 

database under subsection (a), the Administrator shall consult and collaborate with appropriate stakeholders, including 

labor organizations (including those representing aviation 

workers, FAA aviation safety engineers and FAA aviation 

safety inspectors) and aviation industry stakeholders. 

(d) REGULATORY GUIDANCE DOCUMENTS DEFINED.— 

In this section, the term ‘‘regulatory guidance documents’’ 

means all forms of written information issued by the FAA 

that an individual or entity may use to interpret or apply 

FAA regulations and requirements, including information an 

individual or entity may use to determine acceptable means 

of compliance with such regulations and requirements, such 

as an order, manual, circular, policy statement, legal interpretation memorandum, or rulemaking document. 

SEC. 224. REGULATORY CONSISTENCY COMMUNICATIONS 

BOARD. 

(a) ESTABLISHMENT.—Not later than 180 days after 

the date of enactment of this Act, the Administrator shall establish a Regulatory Consistency Communications Board (in 

this section referred to as the ‘‘Board’’). 
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(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 
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appropriate application of regulations and policy with respect to each question. 

(3) Provide to a person that submitted a question 

pursuant to subparagraph (A) or (B) of paragraph (1) 

a timely written response to the question. 

(4) Establish a process to make resolutions of common regulatory interpretation questions publicly available to FAA personnel, persons regulated by the FAA, 

and the public without revealing any identifying data of 

the person that submitted the question and in a manner 

that protects any proprietary information. 

(5) Ensure the incorporation of resolutions of questions submitted pursuant to paragraph (1) into regulatory guidance documents, as such term is defined in 

section 223(d). 

(e) PERFORMANCE METRICS, TIMELINES, AND GOALS.— 

Not later than 180 days after the date on which the Advisory 

Committee recommends performance objectives and performance metrics for the FAA and the regulated aviation industry 

under section 202, the Administrator, in collaboration with 

the Advisory Committee, shall— 

(1) establish performance metrics, timelines, and 

goals to measure the progress of the Board in resolving 

regulatory interpretation questions submitted pursuant 

to subsection (d)(1); and 
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(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- 
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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 con-
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sisting of FAA aviation safety engineers, flight test pilots, and aviation safety inspectors overseeing an ODA 

holder and its certification activity. 

SEC. 232. WORKFORCE REVIEW. 

(a) WORKFORCE REVIEW.—Not later than 90 days after 

the date of enactment of this Act, the Comptroller General 

of the United States shall conduct a review to assess the 

workforce and training needs of the FAA Office of Aviation 

Safety in the anticipated budgetary environment. 

(b) CONTENTS.—The review required under subsection 

(a) shall include— 

(1) a review of current aviation safety inspector and 

aviation safety engineer hiring, training, and recurrent 

training requirements; 

(2) an analysis of the skills and qualifications required of aviation safety inspectors and aviation safety 

engineers for successful performance in the current and 

future projected aviation safety regulatory environment, 

including the need for a systems engineering discipline 

within the FAA to guide the engineering of complex systems, with an emphasis on auditing designated authorities; 

(3) a review of current performance incentive policies of the FAA, as applied to the Office of Aviation 

Safety, including awards for performance; 
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(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— 
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‘‘(1) promote United States aerospace-related safety 

standards abroad; 

‘‘(2) facilitate and vigorously defend approvals of 

United States aerospace products and services abroad; 

‘‘(3) with respect to bilateral partners, utilize bilateral safety agreements and other mechanisms to improve 

validation of United States certificated aeronautical 

products, services, and appliances and enhance mutual 

acceptance in order to eliminate redundancies and unnecessary costs; and 

‘‘(4) with respect to the aeronautical safety authorities of a foreign country, streamline validation and coordination processes.’’. 

SEC. 242. BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBILITIES. 

Section 44701(e) of title 49, United States Code, is 

amended by adding at the end the following: 

‘‘(5) FOREIGN AIRWORTHINESS DIRECTIVES.— 

‘‘(A) ACCEPTANCE.—Subject to subparagraph 

(D), the Administrator may accept an airworthiness 

directive, as defined in section 39.3 of title 14, Code 

of Federal Regulations, issued by an aeronautical 

safety authority of a foreign country, and leverage 

that authority’s regulatory process, if— 
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‘‘(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 accept-
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ance under such subparagraph, if the Administrator 

determines that such issuance is necessary for safety or operational reasons due to the complexity or 

unique features of the Federal Aviation Administration airworthiness directive or the United States 

aviation system. 

‘‘(C) ALTERNATIVE MEANS OF COMPLIANCE.— 

The Administrator may— 

‘‘(i) accept an alternative means of compliance, with respect to an airworthiness directive accepted under subparagraph (A), that 

was approved by the aeronautical safety authority of the foreign country that issued the 

airworthiness directive; or 

‘‘(ii) notwithstanding subparagraph (A), 

and at the request of any person affected by an 

airworthiness directive accepted under such 

subparagraph, approve an alternative means of 

compliance with respect to the airworthiness 

directive. 

‘‘(D) LIMITATION.—The Administrator may 

not accept an airworthiness directive issued by an 

aeronautical safety authority of a foreign country if 

the airworthiness directive addresses matters other 
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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; 
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(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; 
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(4) provides recommendations, if appropriate, to 

improve the existing structure and personnel and travel 

policies supporting the FAA’s international engagement 

activities, including the activities of the Aviation Certification Office, to better support the growth of United 

States aerospace exports; and 

(5) identifies cost-effective policy initiatives, regulatory initiatives, or legislative initiatives needed to improve and enhance the timely acceptance of United 

States aerospace products abroad. 

(c) INTERNATIONAL TRAVEL.—The Administrator, or 

the Administrator’s designee, may authorize international 

travel for any FAA employee, without the approval of any 

other person or entity, if the Administrator determines that 

the travel is necessary— 

(1) to promote United States aerospace safety 

standards; or 

(2) to support expedited acceptance of FAA design 

and production approvals. 

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)’’; 
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(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 
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e-learning training pilot program in accordance with the requirements of this section. 

(b) CURRICULUM.—The pilot program shall— 

(1) include a recurrent training curriculum for covered FAA personnel to ensure that the covered FAA personnel receive instruction on the latest aviation technologies, processes, and procedures; 

(2) focus on providing specialized technical training 

for covered FAA personnel, as determined necessary by 

the Administrator; 

(3) include training courses on applicable regulations of the Federal Aviation Administration; and 

(4) consider the efficacy of instructor-led online 

training. 

(c) PILOT PROGRAM TERMINATION.—The pilot program 

shall terminate 1 year after the date of establishment of the 

pilot program. 

(d) E-LEARNING TRAINING PROGRAM.—Upon termination of the pilot program, the Administrator shall assess 

and establish or update an e-learning training program that 

incorporates lessons learned for covered FAA personnel as a 

result of the pilot program. 

(e) DEFINITIONS.—In this section, the following definitions apply: 
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(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 
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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. 
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SEC. 304. INTERNATIONAL EFFORTS REGARDING TRACKING OF 

CIVIL AIRCRAFT. 

The Administrator shall exercise leadership on creating 

a global approach to improving aircraft tracking by working 

with— 

(1) foreign counterparts of the Administrator in the 

International Civil Aviation Organization and its subsidiary organizations; 

(2) other international organizations and fora; and 

(3) the private sector. 

SEC. 305. AIRCRAFT DATA ACCESS AND RETRIEVAL SYSTEMS. 

(a) ASSESSMENT.—Not later than 90 days after the date 

of enactment of this Act, the Administrator shall initiate an 

assessment of aircraft data access and retrieval systems for 

part 121 air carrier aircraft that are used in extended 

overwater operations to— 

(1) determine if the systems provide improved access and retrieval of aircraft data and cockpit voice recordings in the event of an aircraft accident; and 

(2) assess the cost effectiveness of each system assessed. 

(b) SYSTEMS TO BE EXAMINED.—The systems to be examined under this section shall include, at a minimum— 

(1) various methods for improving detection and retrieval of flight data, including— 
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(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 
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systems (in this section referred to as ‘‘HUD systems’’, 

‘‘SVS’’, and ‘‘EVS’’, respectively). 

(b) CONTENTS.—The review shall— 

(1) evaluate the impacts of single- and dual-installed HUD systems, SVS, and EVS on the safety and 

efficiency of aircraft operations within the national airspace system; and 

(2) review a sufficient quantity of commercial aviation accidents or incidents in order to evaluate if HUD 

systems, SVS, or EVS would have produced a better 

outcome in each accident or incident. 

(c) CONSULTATION.—In conducting the review, the Administrator shall consult with aviation manufacturers, representatives of pilot groups, aviation safety organizations, and 

any government agencies the Administrator considers appropriate. 

(d) REPORT.—Not later than 1 year after the date of 

enactment of this Act, the Administrator shall submit to the 

appropriate committees of Congress a report containing the 

results of the review, the actions the Administrator plans to 

take with respect to the systems reviewed, and the associated 

timeline for such actions. 
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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; 
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(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; 
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(6) an assessment of the most common general 

aviation safety issues; 

(7) a review of the total costs to the Federal Government to conduct investigations of general aviation accidents over the last 10 years; and 

(8) other matters the Administrator or the Chairman considers appropriate. 

(c) RECOMMENDATIONS AND ACTIONS TO ADDRESS

GENERAL AVIATION SAFETY.—Based on the results of the 

study required under subsection (a), the Administrator, in 

consultation with the Chairman, shall make such recommendations, including with respect to regulations and enforcement activities, as the Administrator considers necessary 

to— 

(1) address general aviation safety issues identified 

under the study; 

(2) protect persons and property on the ground; 

and 

(3) improve the safety of general aviation operators 

in the United States. 

(d) AUTHORITY.—Notwithstanding any other provision 

of law, the Administrator shall have the authority to undertake actions to address the recommendations made under 

subsection (c). 
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(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; 
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(3) a review of reportable accidents and incidents 

involving airline engines during calendar years 2014 

through 2018, including any identified contributing factors to the reportable accident or incident; and 

(4) a process for stakeholders, including inspectors, 

manufacturers, maintenance providers, airlines, labor, 

and aviation safety experts, to provide feedback and 

share best practices. 

(c) REPORT AND RECOMMENDATIONS.—Not later than 

90 days after the conclusion of the Call to Action safety review pursuant to subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on 

the results of the review and any recommendations for actions or best practices to improve airline engine safety. 

SEC. 310. SENSE OF CONGRESS ON ACCESS TO AIR CARRIER 

FLIGHT DECKS. 

It is the sense of Congress that the Administrator should 

collaborate with other aviation authorities to advance a global 

standard for access to air carrier flight decks and redundancy 

requirements consistent with the flight deck access and redundancy requirements in the United States. 

SEC. 311. PART 135 ACCIDENT AND INCIDENT DATA. 

(a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Administrator shall— 
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(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). 
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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 re-
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lated to the location of heliports and helipads used by helicopters providing air ambulance services, including helipads 

and helipads outside of those listed as part of any existing 

databases of Airport Master Record (5010) forms. 

(b) REQUIREMENTS.—Based on the assessment under 

subsection (a), the Administrator shall— 

(1) update, as necessary, any existing guidance on 

what information is included in the current databases of 

Airport Master Record (5010) forms to include information related to heliports and helipads used by helicopters 

providing air ambulance services; or 

(2) develop, as appropriate and in collaboration 

with helicopter air ambulance industry stakeholders, a 

new database of heliports and helipads used by helicopters providing air ambulance services. 

(c) REPORTS.— 

(1) ASSESSMENT REPORT.—Not later than 30 days 

after the date the assessment under subsection (a) is 

complete, the Administrator shall submit to the appropriate committees of Congress a report on the assessment, including any recommendations on how to make 

information related to the location of heliports and 

helipads used by helicopters providing air ambulance 

services available to the general public. 
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(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 
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(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.’’; 
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(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 
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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; 
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(4) data gathered from aviation safety reporting 

programs; 

(5) the need to accommodate the diversity of operations conducted under part 135, including the unique 

duty and rest time requirements of air ambulance pilots; 

and 

(6) other items, as appropriate. 

SEC. 316. REPORT ON OBSOLETE TEST EQUIPMENT. 

(a) REPORT.—Not later than 180 days after the date of 

enactment of this Act, the Administrator shall submit to the 

appropriate committees of Congress a report on the National 

Test Equipment Program of the FAA (in this section referred to as the ‘‘Program’’). 

(b) CONTENTS.—The report shall include— 

(1) a list of all known outstanding requests for test 

equipment, cataloged by type and location, under the 

Program; 

(2) a description of the current method under the 

Program of ensuring calibrated equipment is in place for 

utilization; 

(3) a plan by the Administrator for appropriate inventory of such equipment; 

(4) the Administrator’s recommendations for increasing multifunctionality in future test equipment and 
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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: 

‘‘§ 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 suc-
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cessfully 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— 
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‘‘(A) inform rotorcraft owners and operators of 

available modifications to improve fuel system 

crashworthiness; and 

‘‘(B) urge that such modifications be installed 

as soon as practicable. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section 

may be construed to affect the operation of a rotorcraft by 

the Department of Defense.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 

447 of title 49, United States Code, is amended by adding 

at the end the following: 

‘‘44737. Helicopter fuel system safety.’’. 

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

(a) SHORT TITLE.—This section may be cited as the 

‘‘Commercial Balloon Pilot Safety Act of 2018’’. 

(b) IN GENERAL.—Not later than 180 days after the 

date of enactment of this Act, the Administrator shall revise 

section 61.3(c) of title 14, Code of Federal Regulations (relating to second-class medical certificates), to apply to an operator of an air balloon to the same extent such regulations 

apply to a pilot flight crewmember of other aircraft. 

(c) AIR BALLOON DEFINED.—In this section, the term 

‘‘air balloon’’ has the meaning given the term ‘‘balloon’’ in 

section 1.1 of title 14, Code of Federal Regulations (or any 

corresponding similar regulation or ruling). 
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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. 
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SEC. 320. VOLUNTARY REPORTS OF OPERATIONAL OR MAINTENANCE ISSUES RELATED TO AVIATION SAFETY. 

(a) IN GENERAL.—There shall be a presumption that an 

individual’s voluntary report of an operational or maintenance 

issue related to aviation safety under an aviation safety action program meets the criteria for acceptance as a valid report under such program. 

(b) DISCLAIMER REQUIRED.—Any dissemination, within 

the participating organization, of a report that was submitted 

and accepted under an aviation safety action program pursuant to the presumption under subsection (a), but that has not 

undergone review by an event review committee, shall be accompanied by a disclaimer stating that the report— 

(1) has not been reviewed by an event review committee tasked with reviewing such reports; and 

(2) may subsequently be determined to be ineligible 

for inclusion in the aviation safety action program. 

(c) REJECTION OF REPORT.— 

(1) IN GENERAL.—A report described under subsection (a) shall be rejected from an aviation safety action program if, after a review of the report, an event 

review committee tasked with reviewing such report, or 

the Federal Aviation Administration member of the 

event review committee in the case that the review committee does not reach consensus, determines that the re-
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port 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 
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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. 

(c) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the ap-
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propriate 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, 
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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. 
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(b) REPORTING OF INCIDENTS OF SMOKE OR FUMES ON

BOARD AIRCRAFT.—Not later than 180 days after the date 

of enactment of this Act, the Administrator shall, in consultation with relevant stakeholders, issue guidance for flight attendants, pilots, and aircraft maintenance technicians to report incidents of smoke or fumes on board an aircraft operated by a commercial air carrier and with respect to the basis 

on which commercial air carriers shall report such incidents 

through the Service Difficulty Reporting System. 

(c) RESEARCH TO DEVELOP TECHNIQUES TO MONITOR

BLEED AIR QUALITY.—Not later than 180 days after the 

date of enactment of this Act, the Administrator shall commission a study by the Airliner Cabin Environment Research 

Center of Excellence— 

(1) to identify and measure the constituents and 

levels of constituents resulting from bleed air in the cabins of a representative set of commercial aircraft in operation of the United States; 

(2) to assess the potential health effects of such 

constituents on passengers and cabin and flight deck 

crew; 

(3) to identify technologies suitable to provide reliable and accurate warning of bleed air contamination, 

including technologies to effectively monitor the aircraft 

air supply system when the aircraft is in flight; and 
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(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 
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appropriate committees of Congress a report on airline and 

passenger safety. 

(b) CONTENTS.—The report required under subsection 

(a) shall include— 

(1) the average age of commercial aircraft owned 

and operated by United States air carriers; 

(2) the over-all use of planes, including average lifetime of commercial aircraft; 

(3) the number of hours aircraft are in flight over 

the life of the aircraft and the average number of hours 

on domestic and international flights, respectively; 

(4) the impact of metal fatigue on aircraft usage 

and safety; 

(5) a review on contractor assisted maintenance of 

commercial aircraft; and 

(6) a re-evaluation of the rules on inspection of 

aging airplanes. 

SEC. 329. PERFORMANCE-BASED STANDARDS. 

The Administrator shall, to the maximum extent possible 

and consistent with Federal law, and based on input by the 

public, ensure that regulations, guidance, and policies issued 

by the FAA on and after the date of enactment of this Act 

are issued in the form of performance-based standards, providing an equal or higher level of safety. 
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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. 
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(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— 
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(1) a report on the number and sufficiency of aircraft rescue and firefighting training facilities in each 

FAA region; and 

(2) a plan, if appropriate, to address any coverage 

gaps identified in the report. 

SEC. 333. SAFE AIR TRANSPORTATION OF LITHIUM CELLS AND 

BATTERIES. 

(a) HARMONIZATION WITH ICAO TECHNICAL INSTRUCTIONS.— 

(1) ADOPTION OF ICAO INSTRUCTIONS.— 

(A) IN GENERAL.—Pursuant to section 828 of 

the FAA Modernization and Reform Act of 2012 

(49 U.S.C. 44701 note), not later than 90 days 

after the date of enactment of this Act, the Secretary of Transportation shall conform United 

States regulations on the air transport of lithium 

cells and batteries with the lithium cells and battery 

requirements in the 2015–2016 edition of the International Civil Aviation Organization’s (referred to 

in this subsection as ‘‘ICAO’’) Technical Instructions (to include all addenda), including the revised 

standards adopted by ICAO which became effective 

on April 1, 2016 and any further revisions adopted 

by ICAO prior to the effective date of the FAA Reauthorization Act of 2018. 
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(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 Ad-
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ministration shall provide a draft special permit to the 

Federal Aviation Administration based on the application. The Federal Aviation Administration shall conduct 

an on-site inspection for issuance of the special permit 

not later than 20 days after the date of receipt of the 

draft special permit from the Pipeline and Hazardous 

Materials Safety Administration. 

(2) LIMITED EXCEPTIONS TO RESTRICTIONS ON AIR

TRANSPORTATION OF MEDICAL DEVICE BATTERIES.— 

The Secretary shall issue limited exceptions to the restrictions on transportation of lithium ion and lithium 

metal batteries to allow the shipment on a passenger aircraft of not more than 2 replacement batteries specifically used for a medical device if— 

(A) the intended destination of the batteries is 

not serviced daily by cargo aircraft if a battery is 

required for medically necessary care; and 

(B) with regard to a shipper of lithium ion or 

lithium metal batteries for medical devices that cannot comply with a charge limitation in place at the 

time, each battery is— 

(i) individually packed in an inner packaging that completely encloses the battery; 

(ii) placed in a rigid outer packaging; and 

(iii) protected to prevent a short circuit. 
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(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. 
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(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; 
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(ii) additional ways to ensure uniform 

transportation requirements for both bulk and 

individual batteries; and 

(iii) new or existing technologies that may 

reduce the fire and explosion risk of lithium 

batteries and cells; and 

(B) transmit to the appropriate committees of 

Congress a report on the assessments conducted 

under subparagraph (A), including any legislative 

recommendations to effectuate the safety improvements described in clauses (i) through (iii) of that 

subparagraph. 

(6) TERMINATION.—The working group, and any 

working group subcommittees, shall terminate 90 days 

after the date the report is transmitted under paragraph 

(5). 

(d) LITHIUM BATTERY AIR SAFETY ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT.—Not later than 60 days after 

the date of enactment of this Act, the Secretary shall establish, in accordance with the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), a lithium 

ion and lithium metal battery air safety advisory committee (in this subsection referred to as the ‘‘Committee’’). 
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(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— 
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(i) activities carried out throughout the 

world to communicate and enforce relevant 

United States regulations and the ICAO Technical Instructions; and 

(ii) the effectiveness of the activities; 

(E) provide advice and recommendations to the 

Secretary with respect to lithium ion and lithium 

metal battery air transportation safety, including 

how best to implement activities to increase awareness of relevant requirements and their importance 

to travelers and shippers; and 

(F) review methods to decrease the risk posed 

by air shipment of undeclared hazardous materials 

and efforts to educate those who prepare and offer 

hazardous materials for shipment via air transport. 

(3) MEMBERSHIP.—The Committee shall be composed of the following members: 

(A) Individuals appointed by the Secretary to 

represent— 

(i) large volume manufacturers of lithium 

ion and lithium metal cells and batteries; 

(ii) domestic manufacturers of lithium ion 

and lithium metal batteries or battery packs; 
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(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. 
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(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.— 
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(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. 

(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.— 
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(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. 
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(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. 
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(f) PACKAGING IMPROVEMENTS.—Not later than 180 

days after the date of enactment of this Act, the Secretary, 

in consultation with interested stakeholders, shall submit to 

the appropriate committees of Congress an evaluation of current practices for the packaging of lithium ion batteries and 

cells for air transportation, including recommendations, if 

any, to improve the packaging of such batteries and cells for 

air transportation in a safe, efficient, and cost-effective manner. 

(g) DEPARTMENT OF TRANSPORTATION POLICY ON

INTERNATIONAL REPRESENTATION.— 

(1) IN GENERAL.—It shall be the policy of the Department of Transportation to support the participation 

of industry and labor stakeholders in all panels and 

working groups of the dangerous goods panel of the 

ICAO and any other international test or standard setting organization that considers proposals on the safety 

or transportation of lithium ion and lithium metal batteries in which the United States participates. 

(2) PARTICIPATION.—The Secretary of Transportation shall request that as part of the ICAO deliberations in the dangerous goods panel on these issues, that 

appropriate experts on issues under consideration be allowed to participate. 
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(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 
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to detect imminent wrong-surface landings at each airport where such a system is in use; 

(3) describe information gathered from the use of 

the Airport Surface Surveillance Capability system at 

San Francisco International Airport since July 2017; 

(4) assess available technologies to determine 

whether it is feasible, cost-effective, and appropriate to 

install and deploy, at any airport, systems to provide a 

direct warning capability to flight crews or air traffic 

controllers, or both, of potential runway incursions; and 

(5) describe FAA efforts to develop metrics that 

would allow the FAA to determine whether runway incursions are increasing and to assess the effectiveness of 

implemented runway safety initiatives. 

(c) CONSULTATION.—The Administrator shall consult 

with the National Transportation Safety Board in developing 

the report required under this section. 

SEC. 335. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS AND 

REST REQUIREMENTS. 

(a) MODIFICATION OF FINAL RULE.— 

(1) IN GENERAL.—Not later than 30 days after the 

date of enactment of this Act, the Secretary of Transportation shall modify the final rule of the Federal Aviation Administration published in the Federal Register on 

August 19, 1994 (59 Fed. Reg. 42974; relating to flight 
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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 attend-
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ant 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 subpara-
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graph (A), the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide 

suggested modifications for resubmission of the update. 

(5) COMPLIANCE.—A part 121 air carrier shall 

comply with the fatigue risk management plan of the air 

carrier that is accepted by the Administrator under this 

subsection. 

(6) CIVIL PENALTIES.—A violation of this subsection by a part 121 air carrier shall be treated as a 

violation of chapter 447 of title 49, United States Code, 

for purposes of the application of civil penalties under 

chapter 463 of that title. 

SEC. 336. SECONDARY COCKPIT BARRIERS. 

(a) SHORT TITLE.—This section may be cited as the 

‘‘Saracini Aviation Safety Act of 2018’’. 

(b) REQUIREMENT.—Not later than 1 year after the 

date of the enactment of this Act, the Administrator of the 

Federal Aviation Administration shall issue an order requiring installation of a secondary cockpit barrier on each new 

aircraft that is manufactured for delivery to a passenger air 

carrier in the United States operating under the provisions 

of part 121 of title 14, Code of Federal Regulations. 
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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 
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crew members, maintenance employees, and emergency 

responders; and 

(2) review relevant data with respect to evacuation 

certification of transport-category aircraft. 

(c) REPORT TO CONGRESS.—Not later than 1 year after 

the date of enactment of this Act, the Administrator shall 

submit to the appropriate committees of Congress a report on 

the results of the review under subsection (a) and related recommendations, if any, including recommendations for revisions to the assumptions and methods used for assessing 

evacuation certification of transport-category aircraft. 

SEC. 338. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) each air carrier should have in place policies 

and procedures to address sexual misconduct, including 

policies and procedures to— 

(B) facilitate the reporting of sexual misconduct to appropriate law enforcement agencies; 

(C) communicate to personnel and passengers 

of the air carrier the rights of such individuals with 

respect to sexual misconduct; 

(D) train personnel of the air carrier to recognize and respond appropriately to, and to notify the 

appropriate law enforcement agency of, sexual misconduct; and 
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(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 mis-
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conduct occurring on passenger airline flights that are 

informed by the review of information described in paragraph (1) and subsection (c)(5) on passengers who have 

experienced sexual misconduct onboard aircraft. 

(b) MEMBERSHIP.—The Task Force shall be composed 

of, at a minimum, representatives from— 

(1) Department of Transportation; 

(2) Department of Justice, including the Federal 

Bureau of Investigation, Office of Victims for Crimes, 

and the Office on Violence Against Women; 

(3) National organizations that specialize in providing services to sexual assault victims; 

(4) labor organizations that represent flight attendants; 

(5) labor organizations that represent pilots; 

(6) airports; 

(7) air carriers; 

(8) State and local law enforcement agencies; and 

(9) such other Federal agencies and stakeholder organizations as the Secretary of Transportation considers 

appropriate. 

(c) PURPOSE OF TASK FORCE.—The purpose of the 

Task Force shall be to— 
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(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. 
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(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). 
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SEC. 339B. REPORTING PROCESS FOR SEXUAL MISCONDUCT 

ONBOARD AIRCRAFT. 

(a) IN GENERAL.—Not later than two years after the 

date of the enactment of this Act, the Attorney General, in 

coordination with relevant Federal agencies, shall establish a 

streamlined process, based on the plan required under section 

339A(e) of this Act, for individuals involved in incidents of 

alleged sexual misconduct onboard aircraft to report such allegations of sexual misconduct to law enforcement in a manner that protects the privacy and confidentiality of individuals 

involved in such allegations. 

(b) AVAILABILITY OF REPORTING PROCESS.—The process for reporting established under subsection (a) shall be 

made available to the public on the primary Internet websites 

of— 

(1) the Office for Victims of Crime and the Office 

on Violence Against Women of the Department of Justice; 

(2) the Federal Bureau of Investigation; and 

(3) the Department of Transportation. 
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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. 

‘‘§ 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 
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‘‘(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 ‘counterUAS 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. 
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‘‘(7) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The 

term ‘public unmanned aircraft system’ means an unmanned aircraft system that meets the qualifications and 

conditions required for operation of a public aircraft. 

‘‘(8) SENSE AND AVOID CAPABILITY.—The term 

‘sense and avoid capability’ means the capability of an 

unmanned aircraft to remain a safe distance from and 

to avoid collisions with other airborne aircraft, structures 

on the ground, and other objects. 

‘‘(9) SMALL UNMANNED AIRCRAFT.—The term 

‘small unmanned aircraft’ means an unmanned aircraft 

weighing less than 55 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. 
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‘‘(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. 

‘‘§ 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. 
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‘‘(2) CONTENTS OF PLAN.—The plan required 

under paragraph (1) shall contain, at a minimum, recommendations or projections on— 

‘‘(A) the rulemaking to be conducted under 

subsection (b), with specific recommendations on 

how the rulemaking will— 

‘‘(i) define the acceptable standards for 

operation and certification of civil unmanned 

aircraft systems; 

‘‘(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and 

‘‘(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards 

and requirements for registration and licensing; 

‘‘(B) the best methods to enhance the technologies and subsystems necessary to achieve the 

safe and routine operation of civil unmanned aircraft systems in the national airspace system; 

‘‘(C) a phased-in approach to the integration of 

civil unmanned aircraft systems into the national 

airspace system; 
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‘‘(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). 
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‘‘(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 
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‘‘(iii) research and development priorities 

for tools that could assist air traffic controllers 

as unmanned aircraft systems are integrated 

into the national airspace system, as appropriate; 

‘‘(B) a description of how the Administration 

plans to use research and development, including 

research and development conducted through 

NASA’s Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and 

provide for the evolution of unmanned aircraft systems in the national airspace system; 

‘‘(C) an assessment of critical performance 

abilities necessary to integrate unmanned aircraft 

systems into the national airspace system, and how 

these performance abilities can be demonstrated; 

and 

‘‘(D) an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including 

decisionmaking by adaptive systems, such as senseand-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 
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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. 
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SEC. 342. UPDATE OF FAA COMPREHENSIVE PLAN. 

(a) IN GENERAL.—Not later than 270 days after the 

date of enactment of this Act, the Secretary of Transportation shall update the comprehensive plan described in section 44802 of title 49, United States Code, to develop a concept of operations for the integration of unmanned aircraft 

into the national airspace system. 

(b) CONSIDERATIONS.—In carrying out the update 

under subsection (a), the Secretary shall consider, at a minimum— 

(1) the potential use of UTM and other technologies 

to ensure the safe and lawful operation of unmanned aircraft in the national airspace system; 

(2) the appropriate roles, responsibilities, and authorities of government agencies and the private sector 

in identifying and reporting unlawful or harmful operations and operators of unmanned aircraft; 

(3) the use of models, threat assessments, probabilities, and other methods to distinguish between lawful and unlawful operations of unmanned aircraft; and 

(4) appropriate systems, training, intergovernmental processes, protocols, and procedures to mitigate 

risks and hazards posed by unlawful or harmful operations of unmanned aircraft systems. 

(c) CONSULTATION.—The Secretary shall carry out the 

update under subsection (a) in consultation with representa-
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tives 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: 
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‘‘§ 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; 
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‘‘(7) engage test range operators, as necessary and 

within available resources, in projects for research, development, testing, and evaluation of unmanned aircraft 

systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration 

of unmanned aircraft into the national airspace system, 

which may include solutions for— 

‘‘(A) developing and enforcing geographic and 

altitude limitations; 

‘‘(B) providing for alerts by the manufacturer 

of an unmanned aircraft system regarding any hazards or limitations on flight, including prohibition 

on flight as necessary; 

‘‘(C) sense and avoid capabilities; 

‘‘(D) beyond-visual-line-of-sight operations, 

nighttime operations, operations over people, operation of multiple small unmanned aircraft systems, 

and unmanned aircraft systems traffic management, or other critical research priorities; and 

‘‘(E) improving privacy protections through the 

use of advances in unmanned aircraft systems technology; 

‘‘(8) coordinate periodically with all test range operators to ensure test range operators know which data 

should be collected, what procedures should be followed, 
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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— 
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‘‘(1) review the operations of unmanned aircraft 

systems conducted at the test range, including— 

‘‘(A) ongoing or completed research; and 

‘‘(B) data regarding operations by private and 

public operators; and 

‘‘(2) submit to the Administrator, in such form and 

manner as specified by the Administrator, the results of 

the review, including recommendations to further enable 

private research and development operations at the test 

ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems 

into the national airspace system, on a quarterly basis 

until the program terminates. 

‘‘(e) TESTING.—The Secretary of Transportation may 

authorize an operator of a test range described in subsection 

(a) to administer testing requirements established by the Administrator for unmanned aircraft systems operations. 

‘‘(f) COLLABORATIVE RESEARCH AND DEVELOPMENT

AGREEMENTS.—The Administrator may use the other transaction authority under section 106(l)(6) and enter into collaborative research and development agreements, to direct research related to unmanned aircraft systems, including at any 

test range under subsection (a), and in coordination with the 

Center of Excellence for Unmanned Aircraft Systems. 
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‘‘(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: 

‘‘§ 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 
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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).’’. 
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(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: 

‘‘§ 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 
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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 
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law, including a means to identify any tampering or 

modification that has been made. 

‘‘(7) Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security 

Act of 2016 (Public Law 114–190; 130 Stat. 615). 

‘‘(8) To the extent not considered previously by the 

consensus body that crafted consensus safety standards, 

cost-benefit and risk analyses of consensus safety standards that may be accepted pursuant to subsection (a) for 

newly designed small unmanned aircraft systems. 

‘‘(9) Applicability of consensus safety standards to 

small unmanned aircraft systems that are not manufactured commercially. 

‘‘(10) Any technology or standard related to small 

unmanned aircraft systems that promotes aviation safety. 

‘‘(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— 
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‘‘(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). 
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‘‘(h) MANUFACTURER’S STATEMENT OF COMPLIANCE

FOR SMALL UAS.—A manufacturer’s statement of compliance shall— 

‘‘(1) identify the aircraft make, model, range of serial numbers, and any applicable consensus safety standards used and accepted by the Administrator; 

‘‘(2) state that the aircraft make and model meets 

the provisions of the consensus safety standards identified in paragraph (1); 

‘‘(3) state that the aircraft make and model conforms to the manufacturer’s design data and is manufactured in a way that ensures consistency across units in 

the production process in order to meet the applicable 

consensus safety standards accepted by the Administrator; 

‘‘(4) state that the manufacturer will make available to the Administrator, operators, or customers— 

‘‘(A) the aircraft’s operating instructions, 

which conform to the consensus safety standards 

identified in paragraph (1); and 

‘‘(B) the aircraft’s recommended maintenance 

and inspection procedures, which conform to the 

consensus safety standards identified in paragraph 

(1); 
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‘‘(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 
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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 
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by the Administrator of the Federal Aviation Administration, 

consistent with section 44805 of title 49, United States Code, 

as added by this section. 

(c) TABLE OF CONTENTS.—The table of contents for 

chapter 448 of title 49, United States Code, as added by this 

Act, is further amended by adding at the end the following: 

‘‘44805. Small unmanned aircraft safety standards.’’. 

SEC. 346. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 

(a) IN GENERAL.—Chapter 448 of title 49, United 

States Code, as added by this Act, is further amended by 

adding at the end the following: 

‘‘§ 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 with-
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out 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 
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‘‘(C) allow a government public safety agency 

to operate an unmanned aircraft weighing 4.4 

pounds or less if that unmanned aircraft is operated— 

‘‘(i) within or beyond the visual line of 

sight of the operator; 

‘‘(ii) less than 400 feet above the ground; 

‘‘(iii) during daylight conditions; 

‘‘(iv) within Class G airspace; and 

‘‘(v) outside of 5 statute miles from any 

airport, heliport, seaplane base, spaceport, or 

other location with aviation activities. 

‘‘(c) PUBLIC ACTIVELY TETHERED UNMANNED AIRCRAFT SYSTEMS.— 

‘‘(1) IN GENERAL.—Not later than 180 days after 

the date of enactment of this Act, the Administrator of 

the Federal Aviation Administration shall permit the use 

of, and may issue guidance regarding, the use of public 

actively tethered unmanned aircraft systems that are— 

‘‘(A) operated at an altitude of less than 150 

feet above ground level; 

‘‘(B) operated— 

‘‘(i) within class G airspace; or 

‘‘(ii) at or below the ceiling depicted on 

the Federal Aviation Administration’s pub-
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lished 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. 
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‘‘(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. 
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(3) FACILITATING INTERAGENCY COOPERATION.— 

Section 2204(a) of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190; 130 Stat. 615) 

is amended by striking ‘‘section 334(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 

note)’’ and inserting ‘‘section 44806 of title 49, United 

States Code’’. 

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

(a) IN GENERAL.—Chapter 448 of title 49, United 

States Code, as added by this Act, is further amended by 

adding at the end the following: 

‘‘§ 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— 
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‘‘(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.— 
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(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: 

‘‘§ 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. 
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‘‘(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 
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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: 
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‘‘§ 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. 
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‘‘(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 
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within such airspace, shall make the location of the fixed 

site known to the Administrator and shall establish a 

mutually agreed upon operating procedure with the air 

traffic control facility. 

‘‘(2) UNMANNED AIRCRAFT WEIGHING MORE THAN

55 POUNDS.—A person may operate an unmanned aircraft weighing more than 55 pounds, including the 

weight of anything attached to or carried by the aircraft, 

under subsection (a) if— 

‘‘(A) the unmanned aircraft complies with 

standards and limitations developed by a community-based organization and approved by the Administrator; and 

‘‘(B) the aircraft is operated from a fixed site 

as described in paragraph (1). 

‘‘(d) UPDATES.— 

‘‘(1) IN GENERAL.—The Administrator, in consultation with government, stakeholders, and communitybased 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— 
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‘‘(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 
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(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- 
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based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered 

electronically by the Administrator, a community-based 

organization, or a person designated by the Administrator. 

‘‘(2) REQUIREMENTS.—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s— 

‘‘(A) understanding of aeronautical safety 

knowledge; and 

‘‘(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to 

the operation of an unmanned aircraft system in 

the national airspace system. 

‘‘(h) COMMUNITY-BASED ORGANIZATION DEFINED.—In 

this section, the term ‘community-based organization’ means 

a membership-based association entity that— 

‘‘(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986; 

‘‘(2) is exempt from tax under section 501(a) of the 

Internal Revenue Code of 1986; 

‘‘(3) the mission of which is demonstrably the furtherance of model aviation; 

‘‘(4) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the as-
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sembly 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.’’. 
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(2) REPEAL.—Section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) 

and the item relating to that section in the table of contents under section 1(b) of that Act are repealed. 

SEC. 350. USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTITUTIONS OF HIGHER EDUCATION. 

(a) EDUCATIONAL AND RESEARCH PURPOSES.—For the 

purposes of section 44809 of title 49, United States Code, as 

added by this Act, a ‘‘recreational purpose’’ as distinguished 

in subsection (a)(1) of such section shall include an unmanned aircraft system operated by an institution of higher 

education for educational or research purposes. 

(b) UPDATES.—In updating an operational parameter 

under subsection (d)(1) of such section for unmanned aircraft 

systems operated by an institution of higher education for 

educational or research purposes, the Administrator shall 

consider— 

(1) use of small unmanned aircraft systems and operations at an accredited institution of higher education, 

for educational or research purposes, as a component of 

the institution’s curricula or research; 

(2) the development of streamlined, risk-based operational approval for unmanned aircraft systems operated 

by institutions of higher education; and 
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(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; 
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(C) activities undertaken by the institution as 

part of research projects, including research 

projects sponsored by the Federal Government; and 

(D) other academic activities approved by the 

institution. 

(e) STATUTORY CONSTRUCTION.— 

(1) ENFORCEMENT.—Nothing in this section shall 

be construed to limit the authority of the Administrator 

to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety 

of the national airspace system. 

(2) REGULATIONS AND STANDARDS.—Nothing in 

this section prohibits the Administrator from promulgating any rules or standards consistent with maintaining the safety and security of the national airspace system. 

SEC. 351. UNMANNED AIRCRAFT SYSTEMS INTEGRATION PILOT 

PROGRAM. 

(a) AUTHORITY.—The Secretary of Transportation may 

establish a pilot program to enable enhanced drone operations 

as required in the October 25, 2017 Presidential Memorandum entitled ‘‘Unmanned Aircraft Systems Integration 

Pilot Program’’ and described in 82 Federal Register 50301. 

(b) APPLICATIONS.—The Secretary shall accept applications from State, local, and Tribal governments, in partner-
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ship 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; 
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(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. 
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(e) MONITORING AND ENFORCEMENT OF LIMITATIONS.— 

(1) IN GENERAL.—Monitoring and enforcement of 

any limitations enacted pursuant to this pilot project 

shall be the responsibility of the jurisdiction. 

(2) SAVINGS PROVISION.—Nothing in paragraph (1) 

may be construed to prevent the Secretary from enforcing Federal law. 

(3) EXAMPLES OF LIMITATIONS.—Limitations 

under this section may include— 

(A) prohibiting flight during specified morning 

and evening rush hours or only permitting flight 

during specified hours such as daylight hours, sufficient to ensure reasonable airspace access; 

(B) establishing designated take-off and landing zones, limiting operations over moving locations 

or fixed site public road and parks, sidewalks or private property based on zoning density, or other land 

use considerations; 

(C) requiring notice to public safety or zoning 

or land use authorities before operating; and 

(D) prohibiting operations in connection with 

community or sporting events that do not remain in 

one place (for example, parades and running 

events). 
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(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: 
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(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 respon-
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sibilities of non-Federal Government entities, and privacy issues. 

(h) NOTIFICATION.—Prior to initiating any additional 

rounds of agreements with State, local, or Tribal governments as part of the pilot program established under subsection (a), the Secretary shall notify the Committee on 

Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the 

Committee on Appropriations in the Senate. 

(i) SUNSET.—The pilot program established under subsection (a) shall terminate 3 years after the date on which 

the memorandum referenced in subsection (a) is signed by 

the President. 

(j) SAVINGS CLAUSE.— Nothing in this section shall affect any proposals, selections, imposition of conditions, operations, or other decisions made— 

(1) under the pilot program developed by the Secretary of Transportation pursuant to the Presidential 

memorandum titled ‘‘Unmanned Aircraft Systems Integration Pilot Program’’, as published in the Federal 

Register on October 30, 2017 (82 Fed. Reg. 50301); 

and 

(2) prior to the date of enactment of this Act. 

(k) DEFINITIONS.—In this section: 
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(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 
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(2) to provide an applicant with an opportunity to 

review the status of the applicant’s application. 

SEC. 353. EMERGENCY EXEMPTION PROCESS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress 

that the use of unmanned aircraft systems by civil and public 

operators— 

(1) is an increasingly important tool in response to 

a catastrophe, disaster, or other emergency; 

(2) helps facilitate emergency response operations, 

such as firefighting and search and rescue; and 

(3) helps facilitate post-catastrophic response operations, such as utility and infrastructure restoration efforts and the safe and prompt processing, adjustment, 

and payment of insurance claims. 

(b) UPDATES.—The Administrator shall, as necessary, 

update and improve the Special Government Interest process 

described in chapter 7 of Federal Aviation Administration 

Order JO 7200.23A to ensure that civil and public operators, 

including local law enforcement agencies and first responders, 

continue to use unmanned aircraft system operations quickly 

and efficiently in response to a catastrophe, disaster, or other 

emergency. 

(c) BEST PRACTICES.—The Administrator shall develop 

best practices for the use of unmanned aircraft systems by 
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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)’’. 
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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 
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Administration of the Department of Commerce on its 

ongoing efforts responsive to the Presidential memorandum titled ‘‘Promoting Economic Competitiveness 

While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems’’ 

and dated February 15, 2015; 

(2) examine and identify the existing Federal, 

State, or relevant local laws that address an individual’s 

personal privacy; 

(3) identify specific issues and concerns that may 

limit the availability of civil or criminal legal remedies 

regarding inappropriate operation of unmanned aircraft 

systems in the national airspace system; 

(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). 
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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; 
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(G) roles of unmanned aircraft systems in the 

provision of fire and emergency services; 

(H) technological challenges to greater adoption of unmanned aircraft systems by fire departments and emergency service agencies; and 

(I) other issues determined appropriate by the 

Administrator. 

(2) CONSULTATION.—In conducting the study 

under paragraph (1), the Administrator shall consult 

with national fire and emergency service organizations. 

(b) REPORT.—Not later than 180 days after the date of 

enactment of this Act, the Administrator shall submit to the 

appropriate committees of Congress a report on the study 

conducted under subsection (a), including the Administrator’s 

findings, conclusions, and recommendations. 

SEC. 360. STUDY ON FINANCING OF UNMANNED AIRCRAFT 

SERVICES. 

(a) IN GENERAL.—Not later than 60 days after the date 

of enactment of this Act, the Comptroller General of the 

United States shall initiate a study on appropriate fee mechanisms to recover the costs of— 

(1) the regulation and safety oversight of unmanned 

aircraft and unmanned aircraft systems; and 

(2) the provision of air navigation services to unmanned aircraft and unmanned aircraft systems. 
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(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 
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(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— 
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(1) the unauthorized operation of unmanned aircraft near airports presents a serious hazard to aviation 

safety; 

(2) a collision between an unmanned aircraft and a 

conventional aircraft in flight could jeopardize the safety 

of persons aboard the aircraft and on the ground; 

(3) Federal aviation regulations, including sections 

91.126 through 91.131 of title 14, Code of Federal Regulations, prohibit unauthorized operation of an aircraft 

in controlled airspace near an airport; 

(4) Federal aviation regulations, including section 

91.13 of title 14, Code of Federal Regulations, prohibit 

the operation of an aircraft in a careless or reckless 

manner so as to endanger the life or property of another; 

(5) the Administrator should pursue all available 

civil and administrative remedies available to the Administrator, including referrals to other government agencies 

for criminal investigations, with respect to persons who 

operate unmanned aircraft in an unauthorized manner; 

(6) the Administrator should— 

(A) place particular priority in continuing 

measures, including partnering with nongovernmental organizations and State and local agencies, 

to educate the public about the dangers to public 
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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. 
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(b) DANGEROUS WEAPON DEFINED.—In this section, 

the term ‘‘dangerous weapon’’ has the meaning given that 

term in section 930(g)(2) of title 18, United States Code. 

(c) PENALTY.—A person who violates this section is liable to the United States Government for a civil penalty of not 

more than $25,000 for each violation. 

SEC. 364. U.S. COUNTER-UAS SYSTEM REVIEW OF INTERAGENCY 

COORDINATION PROCESSES. 

(a) IN GENERAL.—Not later than 60 days after that 

date of enactment of this Act, the Administrator, in consultation with government agencies currently authorized to operate 

Counter-Unmanned Aircraft System (C-UAS) systems within 

the United States (including the territories and possessions 

of the United States), shall initiate a review of the following: 

(1) The process the Administration is using for 

interagency coordination of C-UAS activity pursuant to 

a relevant Federal statute authorizing such activity within the United States (including the territories and possessions of the United States). 

(2) The standards the Administration is utilizing 

for operation of a C-UAS systems pursuant to a relevant 

Federal statute authorizing such activity within the 

United States (including the territories and possessions 

of the United States), including whether the following 
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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 air-
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space 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); 
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(3) an assessment of the efficiency and effectiveness 

of the interagency coordination and review processes to 

ensure national airspace safety while minimizing bureaucracy; and 

(4) a review of any additional authorities needed by 

the Federal Aviation Administration to effectively oversee the management of C-UAS systems within the 

United States (including the territories and possessions 

of the United States). 

SEC. 365. COOPERATION RELATED TO CERTAIN COUNTER-UAS 

TECHNOLOGY. 

In matters relating to the use of systems in the national 

airspace system intended to mitigate threats posed by errant 

or hostile unmanned aircraft system operations, the Secretary 

of Transportation shall consult with the Secretary of Defense 

to streamline deployment of such systems by drawing upon 

the expertise and experience of the Department of Defense in 

acquiring and operating such systems consistent with the safe 

and efficient operation of the national airspace system. 

SEC. 366. STRATEGY FOR RESPONDING TO PUBLIC SAFETY 

THREATS AND ENFORCEMENT UTILITY OF UNMANNED AIRCRAFT SYSTEMS. 

(a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Administrator of the Federal 

Aviation Administration shall develop a comprehensive strat-
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egy 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. 
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SEC. 367. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION OCCUPATIONS RELATING TO UNMANNED 

AIRCRAFT INTO VETERANS EMPLOYMENT PROGRAMS OF THE ADMINISTRATION. 

Not later than 180 days after the date of the enactment 

of this Act, the Administrator of the Federal Aviation Administration, in consultation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Secretary of Labor, 

shall determine whether occupations of the Administration relating to unmanned aircraft systems technology and regulations can be incorporated into the Veterans’ Employment 

Program of the Administration, particularly in the interaction 

between such program and the New Sights Work Experience 

Program and the Vet-Link Cooperative Education Program. 

SEC. 368. PUBLIC UAS ACCESS TO SPECIAL USE AIRSPACE. 

Not later than 180 days after the date of enactment of 

this Act, the Secretary of Transportation shall issue guidance 

for the expedited and timely access to special use airspace for 

public unmanned aircraft systems in order to assist Federal, 

State, local, or tribal law enforcement organizations in conducting law enforcement, emergency response, or for other 

activities. 

SEC. 369. APPLICATIONS FOR DESIGNATION. 

Section 2209 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) is 

amended— 
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(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 infrastruc-
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ture 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 
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unmanned aircraft systems by the Federal Aviation Administration pursuant to the interim final rule issued on December 

16, 2015, titled ‘‘Registration and Marking Requirements for 

Small Unmanned Aircraft’’ (80 Fed. Reg. 78593). 

(b) METRICS.—Upon receiving the assessment, the Secretary shall, to the extent practicable, develop metrics to 

measure compliance with the interim final rule described in 

subsection (a), and any subsequent final rule, including 

metrics with respect to— 

(1) the levels of compliance with the interim final 

rule and any subsequent final rule; 

(2) the number of enforcement actions taken by the 

Administration for violations of or noncompliance with 

the interim final rule and any subsequent final rule, together with a description of the actions; and 

(3) the effect of the interim final rule and any subsequent final rule on compliance with any fees associated 

with the use of small unmanned aircraft systems. 

(c) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the to the 

appropriate committees of Congress a report containing— 

(1) the results of the assessment required under 

subsection (a); 

(2) the metrics required under subsection (b) and 

how the Secretary will track these metrics; and 
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(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 
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and around airports, together with a description of such 

operations. 

(2) The number of enforcement cases brought by 

the Federal Aviation Administration or other Federal 

agencies for unauthorized operation of unmanned aircraft detected through the program, together with a description of such cases. 

(3) Recommendations for safety and operational 

standards for unmanned aircraft detection and mitigation systems. 

(4) Recommendations for any legislative or regulatory changes related to mitigation or detection or identification of unmanned aircraft systems. 

(d) SUNSET.—The pilot program established in subsection (a) shall terminate on September 30, 2023. 

(e) CIVIL PENALTIES.—Section 46301 of title 49, 

United States Code, is amended— 

(1) in subsection (a)(1)(A), by inserting ‘‘chapter 

448,’’ after ‘‘chapter 447 (except sections 44717 and 

44719–44723),’’; 

(2) in subsection (a)(5)(A)(i), by inserting ‘‘chapter 

448,’’ after ‘‘chapter 447 (except sections 44717– 

44723),’’; 
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(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. 
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(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. 
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SEC. 374. SPECTRUM. 

(a) REPORT.—Not later than 270 days after the date of 

enactment of this Act, and after consultation with relevant 

stakeholders, the Administrator of the Federal Aviation Administration, the National Telecommunications and Information Administration, and the Federal Communications Commission, shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate, the Committee on 

Transportation and Infrastructure of the House of Representatives, and the Committee on Energy and Commerce of 

the House of Representatives a report— 

(1) on whether unmanned aircraft systems operations should be permitted, but not required, to operate 

on spectrum that was recommended for allocation for 

AM(R)S and control links for UAS by the World Radio 

Conferences in 2007 (L-band, 960-1164 MHz) and 2012 

(C-band, 5030-5091 MHz), on an unlicensed, shared, or 

exclusive basis, for operations within the UTM system or 

outside of such a system; 

(2) that addresses any technological, statutory, regulatory, and operational barriers to the use of such spectrum; and 

(3) that, if it is determined that some spectrum frequencies are not suitable for beyond-visual-line-of-sight 

operations by unmanned aircraft systems, includes rec-
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ommendations 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 coordina-
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tion with the Administrator of the National Aeronautics and 

Space Administration, and in consultation with unmanned 

aircraft systems industry stakeholders, shall develop a plan to 

allow for the implementation of unmanned aircraft systems 

traffic management (UTM) services that expand operations 

beyond visual line of sight, have full operational capability, 

and ensure the safety and security of all aircraft. 

(b) COMPLETION OF UTM SYSTEM PILOT PROGRAM.— 

The Administrator shall ensure that the UTM system pilot 

program, as established in section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 

note), is conducted to meet the following objectives of a comprehensive UTM system by the conclusion of the pilot program: 

(1) In cooperation with the National Aeronautics 

and Space Administration and manned and unmanned 

aircraft industry stakeholders, allow testing of unmanned aircraft operations, of increasing volumes and 

density, in airspace above test ranges, as such term is 

defined in section 44801 of title 49, United States Code, 

as well as other sites determined by the Administrator 

to be suitable for UTM testing, including those locations 

selected under the pilot program required in the October 

25, 2017, Presidential Memorandum entitled, ‘‘Un-
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manned 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 op-
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erations, 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— 
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(i) the Federal Aviation Administration 

responsibilities to collect and disseminate relevant data to UTM service providers; and 

(ii) data exchange protocols to share UAS 

operator intent, operational approvals, operational restraints, and other data necessary to 

ensure safety or security of the National Airspace System; 

(F) the potential for UTM services to manage 

unmanned aircraft systems carrying either cargo, 

payload, or passengers, weighing more than 55 

pounds, and operating at altitudes higher than 400 

feet above ground level; and 

(G) cybersecurity protections, data integrity, 

and national and homeland security benefits; and 

(4) establish a process for— 

(A) accepting applications for operation of 

UTM services in the national airspace system; 

(B) setting the standards for independent private sector validation and verification that the 

standards for UTM services established pursuant to 

paragraph (1) enabling operations beyond visual 

line of sight, have been met by applicants; and 

(C) notifying the applicant, not later than 120 

days after the Administrator receives a complete ap-
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plication, 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; 
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(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. 
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(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 
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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 
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shall establish requirements for their safe operation in the 

national airspace system. 

(d) EXPEDITED PROCEDURES.—The Administrator shall 

provide expedited procedures for making the assessment and 

determinations under this section where the UTM services 

will be provided primarily or exclusively in airspace above 

areas in which the operation of unmanned aircraft poses low 

risk, including but not limited to croplands and areas other 

than congested areas. 

(e) CONSULTATION.—In carrying out this section, the 

Administrator shall consult with other Federal agencies, as 

appropriate. 

(f) PREEXISTING UTM SERVICES APPROVALS.—Nothing 

in this Act shall affect or delay approvals, waivers, or exemptions granted by the Administrator for UTM services already 

in existence or approved by the Administrator prior to the 

date of enactment of this Act, including approvals under the 

Low Altitude Authorization and Notification Capability. 

SEC. 378. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) each person that uses an unmanned aircraft 

system for compensation or hire, or in the furtherance 

of a business enterprise, except those operated for purposes protected by the First Amendment of the Constitution, should have a written privacy policy consistent 
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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. 
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(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— 
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(i) how the collection or retention of such 

information that is unrelated to the specific 

use will be minimized; 

(ii) under what circumstances such information might be sold, leased, or otherwise provided to third parties; 

(iii) the period during which such information will be retained; 

(iv) when and how such information, including information no longer relevant to the 

specified use, will be destroyed; and 

(v) steps that will be used to protect 

against the unauthorized disclosure of any information or data, such as the use of 

encryption methods and other security features. 

(8) With respect to public unmanned aircraft systems— 

(A) the locations where the unmanned aircraft 

system will operate; 

(B) the time during which the unmanned aircraft system will operate; 

(C) the general purpose of the flight; and 

(D) the technical capabilities that the unmanned aircraft system possesses. 
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(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, 
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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). 

(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: 
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‘‘(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: 

‘‘§ 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. 
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‘‘(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: 

‘‘§ 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 pur-
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pose 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. 
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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 
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subsection, purchasing an unmanned aircraft detection and 

mitigation system shall be considered airport development (as 

defined in section 47102). 

‘‘(f) BRIEFING.—The Administrator shall annually brief 

the appropriate committees of Congress, including the Committee on Judiciary of the House of Representatives and the 

Committee on the Judiciary of the Senate, on the implementation of this section. 

‘‘(g) APPLICABILITY OF OTHER LAWS.—Section 46502 

of this title, section 32 of title 18, United States Code (commonly known as the Aircraft Sabotage Act), section 1031 of 

title 18, United States Code (commonly known as the Computer Fraud and Abuse Act of 1986), sections 2510–2522 of 

title 18, United States Code (commonly known as the Wiretap Act), and sections 3121–3127 of title 18, United States 

Code (commonly known as the Pen/Trap Statute), shall not 

apply to activities authorized by the Administrator pursuant 

to subsection (c) and (d). 

‘‘(h) SUNSET.—This section ceases to be effective September 30, 2023. 

‘‘(i) NON-DELEGATION.—The Administrator shall not 

delegate any authority granted to the Administrator under 

this section to other Federal, State, local, territorial, or tribal 

agencies, or an airport sponsor, as defined in section 47102 

of title 49, United States Code. The Administrator may part-
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ner 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: 

‘‘§ 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 haz-
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ard to such occupants, shall be punished as provided in 

subsection (c). 

‘‘(2) Recklessly interferes with, or disrupts the operation of, an aircraft carrying 1 or more occupants operating in the special aircraft jurisdiction of the United 

States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in 

subsection (c). 

‘‘(b) OPERATION OF UNMANNED AIRCRAFT IN CLOSE

PROXIMITY TO AIRPORTS.— 

‘‘(1) IN GENERAL.—Any person who, without authorization, knowingly operates an unmanned aircraft 

within a runway exclusion zone shall be punished as provided in subsection (c). 

‘‘(2) RUNWAY EXCLUSION ZONE DEFINED.—In this 

subsection, the term ‘runway exclusion zone’ means a 

rectangular area— 

‘‘(A) centered on the centerline of an active 

runway of an airport immediately around which the 

airspace is designated as class B, class C, or class 

D airspace at the surface under part 71 of title 14, 

Code of Federal Regulations; and 

‘‘(B) the length of which extends parallel to 

the runway’s centerline to points that are 1 statute 
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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’’. 
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SEC. 392. EXPANSION OF PILOT’S BILL OF RIGHTS. 

(a) NOTIFICATION OF INVESTIGATION.—Subsection (b) 

of section 2 of the Pilot’s Bill of Rights (Public Law 112– 

153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended— 

(1) in paragraph (2)(A), by inserting ‘‘and the specific activity on which the investigation is based’’ after 

‘‘nature of the investigation’’; 

(2) in paragraph (3), by striking ‘‘timely’’; and 

(3) in paragraph (5), by striking ‘‘section 

44709(c)(2)’’ and inserting ‘‘section 44709(e)(2)’’. 

(b) RELEASE OF INVESTIGATIVE REPORTS.—Section 2 

of the Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 

1159; 49 U.S.C. 44703 note) is further amended by adding 

at the end the following: 

‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) EMERGENCY ORDERS.—In any proceeding 

conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator issues an emergency order under subsections (d) and (e) of section 

44709, section 44710, or section 46105(c) of title 

49, United States Code, or another order that takes 

effect immediately, the Administrator shall provide, 

upon request, to the individual holding the airman 
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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 
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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). 
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‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

subsection shall be construed to prevent the Administrator from releasing to an individual subject to an investigation described in subsection (b)(1)— 

‘‘(A) information in addition to the information 

included in the releasable portion of the investigative report; or 

‘‘(B) a copy of the investigative report before 

the Administrator issues a complaint.’’. 

SEC. 393. NOTIFICATION OF REEXAMINATION OF CERTIFICATE 

HOLDERS. 

(a) IN GENERAL.—Section 44709(a) of title 49, United 

States Code, is amended— 

(1) by striking ‘‘The Administrator’’ and inserting 

the following: 

‘‘(1) IN GENERAL.—The Administrator’’; 

(2) by adding at the end the following: 

‘‘(2) NOTIFICATION OF REEXAMINATION OF AIRMAN.—Before taking any action to reexamine an airman 

under paragraph (1) the Administrator shall provide to 

the airman— 

‘‘(A) a reasonable basis, described in detail, for 

requesting the reexamination; and 

‘‘(B) any information gathered by the Federal 

Aviation Administration, that the Administrator de-
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termines 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: 
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‘‘(B) to continue developing and modernizing 

the NOTAM repository, in a public central location, 

to maintain and archive all NOTAMs, including the 

original content and form of the notices, the original date of publication, and any amendments to 

such notices with the date of each amendment, in 

a manner that is Internet-accessible, machine-readable, and searchable;’’; 

(C) in subparagraph (C), by striking the period 

at the end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(D) to specify the times during which temporary flight restrictions are in effect and the duration of a designation of special use airspace in a 

specific area.’’; and 

(2) by amending subsection (d) to read as follows: 

‘‘(d) DESIGNATION OF REPOSITORY AS SOLE SOURCE

FOR NOTAMS.— 

‘‘(1) IN GENERAL.—The Administrator— 

‘‘(A) shall consider the repository for NOTAMs 

under subsection (a)(2)(B) to be the sole location 

for airmen to check for NOTAMs; and 

‘‘(B) may not consider a NOTAM to be announced or published until the NOTAM is included 
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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: 

‘‘§ 47124a. Accessibility of certain flight data 

‘‘(a) DEFINITIONS.—In this section: 
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‘‘(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.— 
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‘‘(1) REQUESTS.—Whenever the Administration receives a written request for a covered flight record from 

an applicable individual and the covered flight record is 

not in the possession of the Administration, the Administrator shall request the covered flight record from the 

contract tower or other contractor of the Administration 

in possession of the covered flight record. 

‘‘(2) PROVISION OF RECORDS.—Any covered flight 

record created, maintained, or controlled by a contract 

tower or another contractor of the Administration that 

maintains covered flight records shall be provided to the 

Administration if the Administration requests the record 

pursuant to paragraph (1). 

‘‘(3) NOTICE OF PROPOSED CERTIFICATE ACTION.—If the Administrator has issued, or subsequently 

issues, a Notice of Proposed Certificate Action relying on 

evidence contained in the covered flight record and the 

individual who is the subject of an investigation has requested the record, the Administrator shall promptly 

produce the record and 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 
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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 
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‘‘(2) the information is submitted pursuant to a voluntary safety reporting program covered by section 

40123 of title 49, United States Code.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—The 

table of contents for chapter 471 is amended by inserting 

after the item relating to section 47124 the following: 

‘‘47124a. Accessibility of certain flight data.’’. 

SEC. 396. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN 

NOTICES. 

Not later than 90 days after the date of enactment of 

this Act, the Administrator shall designate the appropriate 

legal counsel of the Administration as an appropriate official 

for purposes of section 13.11 of title 14, Code of Federal 

Regulations. 

TITLE IV—AIR SERVICE 

IMPROVEMENTS 

Subtitle A—Airline Customer Service 

Improvements 

SEC. 401. DEFINITIONS. 

In this title: 

(1) COVERED AIR CARRIER.—The term ‘‘covered air 

carrier’’ means an air carrier or a foreign air carrier as 

those terms are defined in section 40102 of title 49, 

United States Code. 
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(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. 
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‘‘(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: 

‘‘§ 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 
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‘‘(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.’’. 
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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) 
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and shall provide such new means as the Secretary determines appropriate.’’. 

SEC. 406. CONSUMER INFORMATION ON ACTUAL FLIGHT TIMES. 

(a) STUDY.—The Secretary of Transportation shall conduct a study on the feasibility and advisability of modifying 

regulations contained in section 234.11 of title 14, Code of 

Federal Regulations, to ensure that— 

(1) a reporting carrier (including its contractors), 

during the course of a reservation or ticketing discussion 

or other inquiry, discloses to a consumer upon reasonable request the projected period between the actual 

wheels-off and wheels-on times for a reportable flight; 

and 

(2) a reporting carrier displays, on the public internet website of the carrier, information on the actual 

wheels-off and wheels-on times during the most recent 

calendar month for a reportable flight. 

(b) DEFINITIONS.—In this section, the terms ‘‘reporting 

carrier’’ and ‘‘reportable flight’’ have the meanings given 

those terms in section 234.2 of title 14, Code of Federal Regulations (as in effect on the date of enactment of this Act). 

(c) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, 
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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; 
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(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: 

‘‘§ 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.’’. 

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.— 
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‘‘(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. 
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(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: 

‘‘§ 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. 
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‘‘(c) COVERED AIR CARRIER DEFINED.—In this section, 

the term ‘covered air carrier’ means an air carrier or a foreign air carrier as those terms are defined in section 40102 

of title 49, United States Code.’’. 

(b) TABLE OF CONTENTS.—The analysis for chapter 

417 of title 49, United States Code, is further amended by 

inserting after the item relating to section 41725 the following: 

‘‘41726. Strollers.’’. 

SEC. 413. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS. 

(a) REVIEW.— 

(1) IN GENERAL.—Not later than 1 year after the 

date of enactment of this Act, the Secretary of Transportation, in consultation with the Administrator of the 

Federal Aviation Administration, shall review the categorization of delays and cancellations with respect to 

air carriers that are required to report such data. 

(2) CONSIDERATIONS.—In conducting the review 

under paragraph (1), the Secretary shall consider, at a 

minimum— 

(A) whether delays and cancellations were the 

result of— 

(i) decisions or matters within the control 

or within the discretion of the Federal Aviation 

Administration, including ground stop or delay 
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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 
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the FAA Modernization and Reform Act of 2012 (49 

U.S.C. 42301 prec. note), to assist in conducting the review and providing recommendations on improving the 

quality and quantity of information provided to passengers adversely affected by a cancellation or delay. 

(b) REPORT.—Not later than 90 days after the date the 

review under subsection (a) is complete, the Secretary shall 

submit to the appropriate committees of Congress a report on 

the review under subsection (a), including any recommendations. 

(c) SAVINGS PROVISION.—Nothing in this section shall 

be construed as affecting or penalizing— 

(1) the decision of an air carrier to maximize its 

system capacity during weather-related events to accommodate the greatest number of passengers; or 

(2) any decisions of an air carrier or the Federal 

Aviation Administration in any matter related to or affecting the safety of any person. 

SEC. 414. INVOLUNTARY CHANGES TO ITINERARIES. 

(a) REVIEW.— 

(1) IN GENERAL.—Not later than 1 year after the 

date of enactment of this Act, the Secretary of Transportation shall review the rate at which air carriers 

change passenger itineraries more than 24 hours before 

departure, where the new itineraries involve additional 
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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— 
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(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; 
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(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: 

‘‘§ 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.’’. 
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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. 
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(F) Physician specializing in emergency, trauma, cardiac, or stroke. 

(4) Three representatives, to be appointed by the 

Secretary of Transportation, to represent the various 

segments of the air ambulance industry. 

(5) Additional three representatives not covered 

under paragraphs (1) through (4), as determined necessary and appropriate by the Secretary. 

(c) CONSULTATION.—The advisory committee shall, as 

appropriate, consult with relevant experts and stakeholders 

not captured in (b) while conducting its review. 

(d) RECOMMENDATIONS.—The advisory committee shall 

make recommendations with respect to disclosure of charges 

and fees for air ambulance services and insurance coverage, 

consumer protection and enforcement authorities of both the 

Department of Transportation and State authorities, and the 

prevention of balance billing to consumers. The recommendations shall address, at a minimum— 

(1) the costs, benefits, practicability, and impact on 

all stakeholders of clearly distinguishing between charges 

for air transportation services and charges for non-air 

transportation services in bills and invoices, including 

the costs, benefits, and practicability of— 

(A) developing cost-allocation methodologies to 

separate charges for air transportation services 
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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— 
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(A) cost data; 

(B) standard charges and payments received 

per transport; 

(C) whether the provider is part of a hospitalsponsored program, municipality-sponsored program, hospital-independent partnership (hybrid) 

program, or independent program; 

(D) number of transports per base and helicopter; 

(E) market shares of air ambulance providers 

inclusive of any parent or holding companies; 

(F) any data indicating the extent of competition among air ambulance providers on the basis of 

price and service; 

(G) prices assessed to consumers and insurers 

for air transportation and any non-transportation 

services provided by air ambulance providers; and 

(H) financial performance of air ambulance 

providers; 

(5) definitions of all applicable terms that are not 

defined in statute or regulations; and 

(6) other matters as determined necessary or appropriate. 

(e) REPORT.—Not later than 180 days after the date of 

the first meeting of the advisory committee, the advisory 
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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— 
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(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. 
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(b) CONTENTS OF REPORT.—The report required under 

subsection (a) shall include— 

(1) a description of how the Secretary will conduct 

oversight of air ambulance providers, including the information sources the Secretary will use to conduct such 

oversight; and 

(2) a timeline for the issuance of any guidance concerning unfair and deceptive practices among air ambulance providers, including guidance for States and political subdivisions of States to refer such matters to the 

Secretary. 

SEC. 421. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED 

BY A COVERED AIR CARRIER. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary of Transportation shall promulgate regulations that require each covered air carrier to promptly provide a refund to a passenger of any ancillary fees paid for 

services related to air travel that the passenger does not receive, including on the passenger’s scheduled flight, on a subsequent replacement itinerary if there has been a rescheduling, or for a flight not taken by the passenger. 

SEC. 422. ADVANCE BOARDING DURING PREGNANCY . 

Not later than 180 days after the date of enactment of 

this Act, the Secretary of Transportation shall review air carrier policies regarding traveling during pregnancy and, if ap-
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propriate, 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 
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a violation of law and, as appropriate, pursue enforcement or 

corrective actions that would be in the public interest. 

(b) CONSIDERATIONS.—In considering which cases to 

pursue for enforcement or corrective action under subsection 

(a), the Secretary shall consider— 

(1) the Air Carrier Access Act of 1986 (Public Law 

99–435; 100 Stat. 1080); 

(2) unfair and deceptive practices by air carriers 

(including air ambulance operators), foreign air carriers, 

and ticket agents; 

(3) the terms and conditions agreed to between passengers and air carriers (including air ambulance operators), foreign air carriers, or ticket agents; 

(4) aviation consumer protection and tarmac delay 

contingency planning requirements for both airports and 

airlines; 

(5) protection of air ambulance consumers; and 

(6) any other applicable law. 

(c) AVIATION CONSUMER ADVOCATE.— 

(1) IN GENERAL.—Within the Aviation Consumer 

Protection Division of the Department of Transportation, there shall be an Aviation Consumer Advocate. 

(2) FUNCTIONS.—The Aviation Consumer Advocate 

shall— 
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(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. 
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(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 
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security issue requiring removal of a revenue passenger; 

or 

(2) the revenue passenger is engaging in behavior 

that is obscene, disruptive, or otherwise unlawful. 

(d) RULE OF CONSTRUCTION.—Nothing in this section 

may be construed to limit or otherwise affect the responsibility or authority of a pilot in command of an aircraft under 

section 121.533 of title 14, Code of Federal Regulations, or 

limit any penalty under section 46504 of title 49, United 

States Code. 

(e) INVOLUNTARY DENIED BOARDING COMPENSATION.—Not later than 60 days after the date of enactment 

of this Act, the Secretary of Transportation shall issue a final 

rule to revise part 250 of title 14, Code of Federal Regulations, to clarify that— 

(1) there is not a maximum level of compensation 

an air carrier or foreign air carrier may pay to a passenger who is involuntarily denied boarding as the result 

of an oversold flight; 

(2) the compensation levels set forth in that part 

are the minimum levels of compensation an air carrier 

or foreign air carrier must pay to a passenger who is involuntarily denied boarding as the result of an oversold 

flight; and 
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(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. 
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(3) REPORT.—Not later than 1 year after the date 

of enactment of this Act, the Comptroller General shall 

submit to the appropriate committees of Congress a report on the review under paragraph (2). 

(g) GATE NOTICE OF POLICIES.—The Secretary may 

provide guidance on how these policies should be communicated at covered air carrier check-in desks and airport 

gates. 

SEC. 426. REPORT ON AVAILABILITY OF LAVATORIES ON COMMERCIAL AIRCRAFT. 

Not later than 180 days after the date of enactment of 

this Act, the Comptroller General of the United States shall 

submit to the appropriate committees of Congress a report 

assessing— 

(1) the availability of functional lavatories on commercial aircraft 

(2) the extent to which flights take off without 

functional lavatories; 

(3) the ability of passengers with disabilities to access lavatories on commercial aircraft; 

(4) the extent of complaints to the Department of 

Transportation and air carriers related to lavatories and 

efforts they have taken to address complaints; and 
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(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. 
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(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. 
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SEC. 428. WIDESPREAD DISRUPTIONS. 

(a) IN GENERAL.—Chapter 423 of title 49, United 

States Code, is amended by adding at the end the following: 

‘‘§ 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 
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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. 
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(3) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight cancellations. 

(4) Compensation for mishandled baggage, including delayed, damaged, pilfered, or lost baggage. 

(5) Voluntary relinquishment of a ticketed seat due 

to overbooking or priority of other passengers. 

(6) Involuntary denial of boarding and forced removal for whatever reason, including for safety and security reasons. 

(b) FILING OF SUMMARIZED GUIDELINES.—Not later 

than 90 days after each air carrier submits its guidelines to 

the Secretary under subsection (a), the air carrier shall make 

available such 1-page document in a prominent location on its 

website. 

Subtitle B—Aviation Consumers With 

Disabilities 

SEC. 431. AVIATION CONSUMERS WITH DISABILITIES STUDY. 

(a) STUDY.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United 

States shall conduct a study that includes— 

(1) a review of airport accessibility best practices 

for individuals with disabilities, including best practices 

that improve infrastructure facilities and communications methods, including those related to wayfinding, 

amenities, and passenger care; 
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(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 Sec-
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retary 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. 
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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. 
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(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 
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(2) in any pre-flight notifications or communications provided to passengers who alert the covered air 

carrier in advance of the need for accommodations relating to a disability. 

(f) TRAINING.—Covered air carriers and contractors of 

covered air carriers shall submit to the Secretary of Transportation plans that ensure employees of covered air carriers 

and their contractors receive training on the protections and 

responsibilities described in the Airline Passengers with Disabilities Bill of Rights. The Secretary shall review such plans 

to ensure the plans address the matters described in subsection (b). 

SEC. 435. SENSE OF CONGRESS REGARDING EQUAL ACCESS 

FOR INDIVIDUALS WITH DISABILITIES. 

It is the sense of Congress that— 

(1) the aviation industry and every relevant stakeholder must work to ensure that every individual who experiences a disability has equal access to air travel; 

(2) as technology and ease of travel continue to advance, accessibility must be a priority; and 

(3) accommodations must— 

(A) extend to every airport and service or facility of an air carrier; and 

(B) be inclusive of every disability. 
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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 
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(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; 
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(3) reasonable measures to ensure the safety of all 

passengers, such as— 

(A) whether to require health and vaccination 

records for a service animal; and 

(B) whether to require third-party proof of behavioral training for a service animal; 

(4) the impact additional requirements on service 

animals could have on access to air transportation for 

passengers with disabilities; and 

(5) if impacts on access to air transportation for 

passengers with disabilities are found, ways to eliminate 

or mitigate those impacts. 

(c) FINAL RULE.—Not later than 18 months after the 

date of enactment of this Act, the Secretary shall issue a 

final rule pursuant to the rulemaking conducted under this 

section. 

SEC. 438. REVIEW OF PRACTICES FOR TICKETING, PRE-FLIGHT 

SEAT ASSIGNMENTS, AND STOWING OF ASSISTIVE 

DEVICES FOR PASSENGERS WITH DISABILITIES. 

(a) REVIEW.— 

(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 di-
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rect 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 preflight 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). 
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SEC. 439. ADVISORY COMMITTEE ON THE AIR TRAVEL NEEDS 

OF PASSENGERS WITH DISABILITIES. 

(a) ESTABLISHMENT.—The Secretary of Transportation 

shall establish an advisory committee on issues related to the 

air travel needs of passengers with disabilities (referred to in 

this section as the ‘‘Advisory Committee’’). 

(b) DUTIES.—The Advisory Committee shall— 

(1) identify and assess the disability-related access 

barriers encountered by passengers with disabilities; 

(2) determine the extent to which the programs and 

activities of the Department of Transportation are addressing the barriers identified in paragraph (1); 

(3) recommend consumer protection improvements 

to the air travel experience of passengers with disabilities; 

(4) advise the Secretary with regard to the implementation of section 41705 of title 49, United States 

Code; and 

(5) conduct such activities as the Secretary considers necessary to carry out this section. 

(c) MEMBERSHIP.— 

(1) IN GENERAL.—The Advisory Committee shall 

be composed of at least 1 representative of each of the 

following groups: 

(A) Passengers with disabilities. 

(B) National disability organizations. 
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(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, 
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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, 
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including any additional findings or recommendations 

that the Secretary considers appropriate. 

(g) TERMINATION.—The Advisory Committee established under this section shall terminate on September 30, 

2023. 

(h) TERMINATION OF THE NEXT GENERATION AIR

TRANSPORTATION SYSTEM SENIOR POLICY COMMITTEE.— 

The Next Generation Air Transportation System Senior Policy Committee established by the Secretary of Transportation 

shall terminate on the date of the initial appointment of the 

members of the Advisory Committee. 

SEC. 440. REGULATIONS ENSURING ASSISTANCE FOR PASSENGERS WITH DISABILITIES IN AIR TRANSPORTATION. 

(a) IN GENERAL.—Not later than 180 days after the 

date of enactment of this Act, the Secretary of Transportation shall— 

(1) review, and if necessary revise, applicable regulations to ensure that passengers with disabilities who 

request assistance while traveling in air transportation 

receive dignified, timely, and effective assistance at airports and on aircraft from trained personnel; and 

(2) review, and if necessary revise, applicable regulations related to covered air carrier training programs 

for air carrier personnel, including contractors, who pro-
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vide 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. 
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Subtitle C—Small Community Air 

Service 

SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION. 

(a) IN GENERAL.—Section 41742(a)(2) of title 49, 

United States Code, is amended by striking ‘‘$150,000,000 

for fiscal year 2011’’ and all that follows before ‘‘to carry 

out’’ and inserting ‘‘$155,000,000 for fiscal year 2018, 

$158,000,000 for fiscal year 2019, $161,000,000 for fiscal 

year 2020, $165,000,000 for fiscal year 2021, $168,000,000 

for fiscal year 2022, and $172,000,000 for fiscal year 2023’’. 

(b) SEASONAL SERVICE.—The Secretary of Transportation may consider the flexibility of current operational dates 

and airport accessibility to meet local community needs when 

issuing requests for proposal of essential air service at seasonal airports. 

SEC. 452. STUDY ON ESSENTIAL AIR SERVICE REFORM. 

(a) STUDY.— 

(1) IN GENERAL.—The Comptroller General of the 

United States shall conduct a study on the effects of section 6 of the Airport and Airway Extension Act of 2011, 

Part IV (Public Law 112–27), section 421 of the FAA 

Modernization and Reform Act of 2012 (Public Law 

112–95), and other relevant Federal laws enacted after 

2010, including the amendments made by those laws, on 

the Essential Air Service program. 
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(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 
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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 
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2005 through the date of enactment of this Act to determine 

whether the carriers providing unsubsidized service provided 

basic essential air service, and whether the Department conducted sufficient oversight of carriers providing unsubsidized 

service to ensure air service quality and community satisfaction. 

(b) CONTENTS.—The review shall include, at a minimum— 

(1) a review of the Department’s efforts to communicate to the community served by the unsubsidized carrier on any material air service changes; and 

(2) a review of the Department’s efforts to closely 

monitor the quality of air service provided by the unsubsidized carrier and request proposals for basic essential 

air service if necessary. 

(c) REPORT.—Not later than 30 days after the date of 

completion of the review, the inspector general shall submit 

to the appropriate committees of Congress a report on the results of the review. 

SEC. 455. SMALL COMMUNITY AIR SERVICE. 

(a) ELIGIBILITY.—Section 41743(c) of title 49, United 

States Code, is amended— 

(1) by striking paragraph (1) and inserting the following: 
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‘‘(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 par-
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ticipate in the program in support of a different 

project at any time. 

‘‘(C) EXCEPTION.—The Secretary may waive 

the limitation under subparagraph (B) related to 

projects that are the same if the Secretary determines that the community or consortium spent little 

or no money on its previous project or encountered 

industry or environmental challenges, due to circumstances that were reasonably beyond the control 

of the community or consortium.’’; 

(3) in paragraph (5)— 

(A) by redesignating subparagraphs (E) and 

(F) as subparagraphs (F) and (G), respectively; and 

(B) by inserting after subparagraph (D) the 

following: 

‘‘(E) the assistance will be used to help restore 

scheduled passenger air service that has been terminated;’’. 

(b) AUTHORITY TO MAKE AGREEMENTS.—Section 

41743(e)(1) of title 49, United States Code, is amended by 

adding at the end the following: ‘‘The Secretary may amend 

the scope of a grant agreement at the request of the community or consortium and any participating air carrier, and may 

limit the scope of a grant agreement to only the elements 

using grant assistance or to only the elements achieved, if the 
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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’’. 
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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 subsidyper-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: 
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(1) ADMINISTRATION.—The term ‘‘Administration’’ 

means the Federal Aviation Administration. 

(2) ADMINISTRATOR.—The term ‘‘Administrator’’ 

means the Administrator of the FAA. 

(3) ADS–B.—The term ‘‘ADS–B’’ means automatic dependent surveillance-broadcast. 

(4) ADS–B OUT.—The term ‘‘ADS–B Out’’ means 

automatic dependent surveillance-broadcast with the 

ability to transmit information from the aircraft to 

ground stations and to other equipped aircraft. 

(5) FAA.—The term ‘‘FAA’’ means the Federal 

Aviation Administration. 

(6) NEXTGEN.—The term ‘‘NextGen’’ means the 

Next Generation Air Transportation System. 

SEC. 502. REPORT ON AIR TRAFFIC CONTROL MODERNIZATION. 

(a) FAA REPORT.—Not later than 180 days after the 

date of enactment of this Act, the Administrator shall submit 

to the appropriate committees of Congress a report describing 

the multiyear effort of the Administration to modernize the 

air transportation system (in this section referred to as the 

‘‘modernization effort’’), including— 

(1) the number of years that the modernization effort has been underway as of the date of the report; 
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(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; 
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(C) the initial budget for the program or 

project; 

(D) the acquisition program baseline for the 

program or project; 

(E) whether the program or project has ever 

breached the acquisition program baseline and, if 

so, a description of when, why, and how the breach 

was resolved; 

(F) whether the program or project has been 

re-baselined or divided into smaller segments and, if 

so, a description of when, why, and the impact to 

the cost of the program or project; 

(G) the initial schedule for the program or 

project; 

(H) whether the program or project was delayed and, if so, a description of how long, why, and 

the impact to the cost of the program or project; 

(I) whether the Administration changed any 

contract term or deliverable for the program or 

project and, if so, a description of the change, why 

it happened, and the impact to the cost of the program or project; 

(J) benefits promised with respect to the program or project at initiation; 
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(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 
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(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 
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(5) provides any other information that the inspector general determines is appropriate. 

SEC. 503. RETURN ON INVESTMENT REPORT. 

(a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, and annually thereafter until the 

date that each NextGen program has a positive return on investment, the Administrator shall submit to the appropriate 

committees of Congress a report on the status of each 

NextGen program, including the most recent NextGen priority list under subsection (c). 

(b) CONTENTS.—The report under subsection (a) shall 

include, for each NextGen program— 

(1) an estimate of the date the program will have 

a positive return on investment; 

(2) an explanation for any delay in the delivery of 

expected benefits from previously published estimates on 

delivery of such benefits, in implementing or utilizing the 

program; 

(3) an estimate of the completion date; 

(4) an assessment of the long-term and near-term 

user benefits of the program for— 

(A) the Federal Government; and 

(B) the users of the national airspace system; 

and 
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(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. 
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SEC. 504. AIR TRAFFIC CONTROL OPERATIONAL CONTINGENCY 

PLANS. 

(a) AIR TRAFFIC CONTROL OPERATIONAL CONTINGENCY PLANS.—Not later than 1 year after the date of enactment of this Act, the Administrator shall review the Administration’s air traffic control operational contingency plans 

(FAA Order JO 1900.47E), and, as the Administrator considers appropriate, update such plans, to address potential air 

traffic facility outages that could have a major impact on the 

operation of the national airspace system, including the most 

recent findings and recommendations in the report under 

subsection (c). 

(b) UPDATES.—Not later than 60 days after the date 

the air traffic control operational contingency plans are reviewed under subsection (a), the Administrator shall submit 

to the appropriate committees of Congress a report on the review, including any recommendations for ensuring air traffic 

facility outages do not have a major impact on the operation 

of the national airspace system. 

(c) RESILIENCY RECOMMENDATIONS.—Not later than 

180 days after the date of enactment of this Act, and periodically thereafter as the Administrator considers appropriate, 

the Administrator shall convene NextGen program officials to 

evaluate, expedite, and complete a report on how planned 

NextGen capabilities can enhance the resiliency and con-
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tinuity 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. 
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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 
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(2) ensure that a human factors specialist, separate 

from the research and certification groups, is directly involved with the NextGen approval process. 

(b) REPORT.—Not later than 1 year after the date of 

enactment of this Act, the Administrator shall submit to the 

appropriate committees of Congress a report on the progress 

made toward implementing the requirements under subsection (a). 

SEC. 508. PROGRAMMATIC RISK MANAGEMENT. 

To better inform the Administration’s decisions regarding the prioritization of efforts and allocation of resources for 

NextGen, the Administrator shall— 

(1) solicit input from specialists in probability and 

statistics to identify and prioritize the programmatic and 

implementation risks to NextGen; and 

(2) develop a method to manage and mitigate the 

risks identified in paragraph (1). 

SEC. 509. REVIEW OF FAA STRATEGIC CYBERSECURITY PLAN. 

(a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Administrator shall initiate a 

review of the comprehensive and strategic framework of principles and policies (referred to in this section as the ‘‘framework’’) developed pursuant to section 2111 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44903 

note). 
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(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. 
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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— 

(1) by redesignating subsection (e) as subsection 

(f); and 

(2) by inserting after subsection (d) the following: 

‘‘(e) MILITARY OPERATIONS EXCLUSION.— 
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‘‘(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 
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(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. 
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SEC. 512. AIR SHOWS. 

On an annual basis, the Administrator shall work with 

representatives of Administration-approved air shows, the 

general aviation community, and stadiums and other large 

outdoor events and venues to identify and resolve, to the 

maximum extent practicable, scheduling conflicts between Administration-approved air shows and large outdoor events and 

venues where— 

(1) flight restrictions will be imposed pursuant to 

section 521 of title V of division F of Public Law 108– 

199 (118 Stat. 343); or 

(2) any other restriction will be imposed pursuant 

to Federal Aviation Administration Flight Data Center 

Notice to Airmen 4/3621 (or any successor notice to airmen). 

SEC. 513. PART 91 REVIEW, REFORM, AND STREAMLINING. 

(a) ESTABLISHMENT OF TASK FORCE.—Not later than 

90 days after the date of enactment of this Act, the Administrator shall establish a task force comprised of representatives of the general aviation industry who regularly perform 

part 91 operations, labor unions (including those representing 

FAA aviation safety inspectors and FAA aviation safety engineers), manufacturers, and the Government to— 

(1) conduct an assessment of the FAA oversight 

and authorization processes and requirements for aircraft under part 91; and 
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(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 
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(6) such other matters related to streamlining part 

91 authorization and approval processes as the task 

force considers appropriate. 

(c) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than 1 year after the 

date of enactment of this Act, the Administrator shall 

submit to the appropriate committees of Congress a report on the results of the task force’s assessment. 

(2) CONTENTS.—The report shall include an explanation of how the Administrator will— 

(A) implement the recommendations of the 

task force; 

(B) measure progress in implementing the recommendations; and 

(C) measure the effectiveness of the implemented recommendations. 

(d) IMPLEMENTATION OF RECOMMENDATIONS.—Not 

later than 18 months after the date of enactment of this Act, 

the Administrator shall implement the recommendations 

made under this section. 

(e) DEFINITION.—In this section, the term ‘‘part 91’’ 

means part 91 of title 14, Code of Federal Regulations. 

(f) APPLICABLE LAW.—Public Law 92–463 shall not 

apply to the task force. 
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(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; 
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(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 non-
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contiguous State without a Terminal Aerodrome Forecast or 

Meteorological Aerodrome Report if— 

(1) such location is determined to be under visual 

meteorological conditions; 

(2) a current Area Forecast, supplemented by other 

local weather observations or reports, is available; and 

(3) an alternate airport that has an available Terminal Aerodrome Forecast and weather report is specified. 

(b) PROCEDURES.—A covered air carrier shall— 

(1) have approved procedures for dispatch or release and enroute weather evaluation; and 

(2) operate under instrument flight rules enroute to 

the destination. 

(c) LIMITATION.—Without a written finding of necessity, 

based on objective and historical evidence of imminent threat 

to safety, the Administrator shall not promulgate any operation specification, policy, or guidance document pursuant to 

this section that is more restrictive than, or requires procedures that are not expressly stated in, the regulations. 

(d) COVERED AIR CARRIER DEFINED.—In this section, 

the term ‘‘covered air carrier’’ means an air carrier operating 

in a noncontiguous State under part 121 of title 14, Code of 

Federal Regulations. 
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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 cal-
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culations for each segment of air traffic services 

users: 

‘‘(i) The total costs allocable to the use of 

air traffic services for that segment during 

such fiscal year. 

‘‘(ii) The total revenues received from that 

segment during such fiscal year. 

‘‘(B) VALIDATION OF MODEL.— 

‘‘(i) REVIEW AND DETERMINATION.—Not 

later than 3 months after completion of the initial report required under subparagraph (A), 

the inspector general of the Department of 

Transportation shall review and determine the 

validity of the model used by the Administrator 

and the Chief Operating Officer to complete 

the calculations required under subparagraph 

(A). 

‘‘(ii) VALIDATION PROCESS.—In the event 

that the inspector general determines that the 

model used by the Administrator and the Chief 

Operating Officer to complete the calculations 

required by subparagraph (A) is not valid— 

‘‘(I) the inspector general shall provide the Administrator and Chief Oper-
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ating 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). 
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‘‘(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 
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the following calculations for each segment of air 

traffic services users for the most recent full fiscal 

year: 

‘‘(i) The total costs allocable to the use of 

the air traffic services for that segment. 

‘‘(ii) The total revenues received from that 

segment. 

‘‘(B) REPORT TO CONGRESS.—Not later than 

15 days after completing the calculations under 

subparagraph (A), the Administrator and the Chief 

Operating Officer shall complete and submit to the 

Committee on Transportation and Infrastructure, 

the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, 

Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the 

Senate a report containing the results of such calculations. 

‘‘(C) PUBLICATION.—Not later than 60 days 

after completing the calculations pursuant to subparagraph (A), the Administrator and the Chief Operating Officer shall publish the results of such calculations. 
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‘‘(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 pistonengine aircraft operating under part 135 of 

such title. 

‘‘(v) Air carriers and operators of turbineengine aircraft operating under part 135 of 

such title. 

‘‘(vi) Foreign air carriers providing passenger air transportation. 

‘‘(vii) Foreign air carriers providing allcargo air transportation. 

‘‘(viii) Operators of turbine-engine aircraft 

operating under part 91 of such title, excluding 
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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. 
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‘‘(4) DEFINITIONS.—For purposes of this subsection: 

‘‘(A) AIR TRAFFIC SERVICES.—The term ‘air 

traffic services’ means services— 

‘‘(i) used for the monitoring, directing, 

control, and guidance of aircraft or flows of 

aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical 

information; and 

‘‘(ii) provided directly, or contracted for, 

by the Federal Aviation Administration. 

‘‘(B) AIR TRAFFIC SERVICES USER.—The term 

‘air traffic services user’ means any individual or 

entity using air traffic services provided directly, or 

contracted for, by the Federal Aviation Administration within United States airspace or international 

airspace delegated to the United States.’’. 

SEC. 520. INTRA-AGENCY COORDINATION. 

Not later than 120 days after the date of enactment of 

this Act, the Administrator shall implement a policy that— 

(1) designates the Associate Administrator for Commercial Space Transportation as the primary liaison between the commercial space transportation industry and 

the Administration; 
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(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 
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(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; 
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(B) the number of employees, including fulltime 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 nonFederal 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 
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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’’; 
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(2) by striking ‘‘The Civil Aeromedical Institute’’ 

and inserting the following: 

‘‘(a) CIVIL AEROMEDICAL INSTITUTE.—The Civil 

Aeromedical Institute’’; and 

(3) by adding at the end the following: 

‘‘(b) WILLIAM J. HUGHES TECHNICAL CENTER.—The 

Secretary of Transportation shall define the roles and responsibilities of the William J. Hughes Technical Center in a 

manner that is consistent with the defined roles and responsibilities of the Civil Aeromedical Institute under subsection 

(a).’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 

445 of title 49, United States Code, is amended by striking 

the item relating to section 44507 and inserting the following: 

‘‘44507. Regions and centers.’’. 

SEC. 525. GEOSYNTHETIC MATERIALS. 

The Administrator, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the 

activities of the Federal Aviation Administration. 

SEC. 526. NATIONAL AIRMAIL MUSEUM. 

(a) FINDINGS.—Congress finds that— 

(1) in 1930, commercial airmail carriers began operations at Smith Field in Fort Wayne, Indiana; 
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(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 
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Frequency Omnidirectional Range with Collocated Tactical 

Air Control and Navigation (LIT VORTAC). 

(b) BRIEFING CONTENTS.—The briefing required under 

subsection (a) shall include the following: 

(1) The status of the efforts by the Federal Aviation Administration to relocate the LIT VORTAC. 

(2) The long-term and short-term budget projections for the relocation project. 

(3) A description of and timeline for each phase of 

the relocation project. 

(4) A description of and explanation for the required location radius. 

(5) A description of work completed by the Federal 

Aviation Administration as of the date of the briefing. 

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

MUNICIPAL AIRPORT. 

Not later than 1 year after the date of the enactment 

of this Act, the Administrator shall provide a briefing to appropriate committees of Congress on diversions of aircraft 

from Los Angeles International Airport to Hawthorne Municipal Airport, also known as Jack Northrop Field, in the City 

of Hawthorne, California. This briefing shall cover at least 

the previous one-year period and include the total number of 

aircraft diversions, the average number of diversions per day, 
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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 
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to fly to, from, or between the three general aviation airports closest to the National Capital Region) during 

temporary flight restrictions in the following airports: 

(A) Solberg Airport. 

(B) Somerset Airport. 

(C) Palm Beach County Park Airport (also 

known as Lantana Airport). 

(c) COLLABORATION.—In making the recommendations 

described in subsection (b), the Administrator shall consult 

with— 

(1) industry stakeholders; and 

(2) the head of any other agency that, in the Administrator’s determination, is a stakeholder agency. 

(d) SPECIAL DEADLINE.—Not later than 90 days after 

the date of enactment of this Act, the Administrator shall 

submit to the appropriate committees of Congress a report 

containing the results of the portion of the study described 

in subsection (b)(1)(A). 

SEC. 530. AIR TRAFFIC SERVICES AT AVIATION EVENTS. 

(a) REQUIREMENT TO PROVIDE SERVICES AND RELATED SUPPORT.—The Administrator shall provide air traffic services and aviation safety support for large, multiday 

aviation events, including airshows and fly-ins, where the average daily number of manned operations were 1,000 or 

greater in at least one of the preceding two years, without the 
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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’’. 
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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). 
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(c) LIVING HISTORY FLIGHT EXPERIENCE PROVIDER

DEFINED.—In this section, the term ‘‘living history flight experience provider’’ means an aircraft owner, aircraft operator, 

or organization that provides, arranges, or otherwise fosters 

living history flight experiences for the purpose of fulfilling 

its mission. 

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

(a) ESTABLISHMENT OF ADVISORY PANEL.—Not later 

than 90 days after the date of enactment of this section, the 

Secretary of Transportation shall establish an advisory panel 

comprising no more than 7 independent, nongovernmental experts in budget, finance, or personnel management to review 

and evaluate the effectiveness of the FAA’s personnel management system and performance management program for 

employees not covered by collective bargaining agreements. 

(b) REVIEW, EVALUATION, AND RECOMMENDATIONS.— 

The advisory panel shall, at a minimum— 

(1) review all appropriate FAA orders, policies, procedures, guidance, and the Human Resources Policy 

Manual; 

(2) review any applicable reports regarding FAA’s 

personnel management system, including reports of the 

Department of Transportation Office of Inspector General, Government Accountability Office, and National 
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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 
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views and recommendations regarding improvements to 

the FAA’s personnel management system and performance management program; 

(9) develop recommendations to address the findings of the work done pursuant to paragraphs (1) 

through (7), and to address views and recommendations 

raised by interested parties pursuant to paragraph (8); 

and 

(10) develop recommendations to improve the 

FAA’s personnel management system and performance 

management program, including the compensation, 

bonus pay, performance metrics, and evaluation processes, for employees not covered by collective bargaining 

agreements. 

(c) REPORT.—Not later than 1 year after initiating the 

review and evaluation pursuant to subsection (a), the advisory panel shall submit a report on the results of the review 

and evaluation and its recommendations to the Secretary, the 

Administrator, the appropriate committees of Congress. 

(d) REPORT TO CONGRESS.—Not later than 3 months 

after submittal of the report pursuant to subsection (c), the 

Administrator shall transmit to the appropriate committees of 

Congress a report summarizing the findings of the advisory 

panel that— 
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(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; 
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(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, be-
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tween December 12, 2003, and the date of enactment of 

this Act; and 

(12) other matters arising in the course of the 

study. 

(c) REPORT.—Not later than 1 year after the date of 

initiation of the study under subsection (a), the inspector 

general shall submit to the appropriate committees of Congress a report on the results of the study. 

SEC. 535. STUDY ON ALLERGIC REACTIONS. 

Not later than 120 days after the date of enactment of 

this Act, the Administrator shall— 

(1) study the prevalence of allergic reactions on 

board flights, whether airlines universally report reactions to the Federal Aviation Administration, and the 

frequency of first aid inventory checks to ensure medicine to prevent anaphylactic shock is in an aircraft; and 

(2) submit a report to the Committees on Transportation and Infrastructure, Energy and Commerce, and 

Appropriations of the House of Representatives and the 

Committees on Commerce, Science, and Transportation, 

Health, Education, Labor, and Pensions, and Appropriations of the Senate. 

SEC. 536. OXYGEN MASK DESIGN STUDY. 

Not later than 180 days after the date of enactment of 

this Act, the Administrator shall conduct a study to review 
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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 Carib-
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bean Basin countries at which a significant amount of 

air cargo is sorted, handled, or consolidated for transportation to or from the United States; 

(5) identifies any air carrier or foreign air carrier 

hubs in the United States at which a significant amount 

of air cargo is sorted, handled, or consolidated for transportation to or from Central American, South American, 

and Caribbean Basin countries. 

(6) identifies any significant gaps in the air cargo 

services or cargo air carrier networks— 

(A) among the countries described in paragraph (2)(A); 

(B) between such countries and African countries; and 

(C) between such countries and European 

countries; and 

(7) assesses the possible impact of the establishment of an air carrier hub in Puerto Rico at which air 

cargo is sorted, handled, or consolidated for transportation to or from the United States, including the impact 

on— 

(A) the employment rate and economy of Puerto Rico; 

(B) domestic and foreign air transportation of 

cargo; 
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(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. 
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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’’. 
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(g) WEIGHING MAIL.—Section 41907 of title 49, United 

States Code, is amended by striking ‘‘and’’ and all that follows through ‘‘administrative’’ and inserting ‘‘and administrative’’. 

(h) STRUCTURES INTERFERING WITH AIR COMMERCE

OR NATIONAL SECURITY.—Section 44718(b)(1) of title 49, 

United States Code, is amended— 

(1) in the matter preceding subparagraph (A) by 

striking ‘‘air navigation facilities and equipment’’ and inserting ‘‘air or space navigation facilities and equipment’’; and 

(2) in subparagraph (A)— 

(A) in clause (v) by striking ‘‘and’’ at the end; 

(B) by redesignating clause (vi) as clause (vii); 

and 

(C) by inserting after clause (v) the following: 

‘‘(vi) the impact on launch and reentry for 

launch and reentry vehicles arriving or departing from a launch site or reentry site licensed 

by the Secretary of Transportation; and’’. 

(i) FLIGHT ATTENDANT CERTIFICATION.—Section 

44728 of title 49, United States Code, is amended— 

(1) in subsection (c), by striking ‘‘chapter’’ and inserting ‘‘title’’; and 
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(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, 
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United States Code, is amended by striking ‘‘(15 U.S.C. 

632(o))’’ and inserting ‘‘(15 U.S.C. 632(p))’’. 

(p) SPECIAL APPORTIONMENT CATEGORIES.—Section 

47117(e)(1)(B) is amended by striking ‘‘at least’’ and inserting ‘‘At least’’. 

(q) SOLICITATION AND CONSIDERATION OF COMMENTS.—Section 47171(l) of title 49, United States Code, is 

amended by striking ‘‘4371’’ and inserting ‘‘4321’’. 

(r) OPERATIONS AND MAINTENANCE.—Section 48104 is 

amended by striking ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—the’’ and inserting ‘‘The’’. 

(s) ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS.—Section 426 of the FAA Modernization and Reform Act of 2012 is amended— 

(1) in subsection (a) (49 U.S.C. 41737 note) by 

striking ‘‘Secretary’’ and inserting ‘‘Secretary of Transportation’’; and 

(2) in subsection (c) (49 U.S.C. 41731 note) by 

striking ‘‘the Secretary may waive’’ and inserting ‘‘the 

Secretary of Transportation may waive’’. 

(t) AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT

PROGRAM.—Section 507(a) of the FAA Modernization and 

Reform Act of 2012 (49 U.S.C. 44505 note) is amended by 

striking ‘‘section 48101(a)’’ and inserting ‘‘section 48101(a) 

of title 49, United States Code,’’. 
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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 
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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; 
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(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 tem-
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porary military operations areas used for conducting shortterm, 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. 
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(5) Proposed options and solutions to overcome 

identified challenges, if any, including identifying whether— 

(A) a solution or solutions can be incorporated 

within the existing Federal Aviation Administration 

and Department of Defense Memorandum of Understanding; or 

(B) changes to current law are required. 

(c) DEFINITIONS.—In this section: 

(1) COVERED COMMITTEES OF CONGRESS.—The 

term ‘‘covered committees of Congress’’ means— 

(A) the Committee on Commerce, Science, and 

Transportation and the Committee on Armed Services of the Senate; and 

(B) the Committee on Transportation and Infrastructure and the Committee on Armed Services 

of the House of Representatives. 

(2) MAJOR RANGE AND TEST FACILITY BASE.—The 

term ‘‘Major Range and Test Facility Base’’ has the 

meaning given the term in section 196(i) of title 10, 

United States Code. 

(3) SPECIAL USE AIRSPACE.—The term ‘‘special use 

airspace’’ means certain designations of airspace designated by the Federal Aviation Administration, as administered by the Secretary of Defense. 
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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. 
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‘‘(C) AVAILABILITY OF REPORT.—The Secretary shall make the report under subparagraph 

(A) publicly available on the agency’s website not 

later than 30 days after submission to Congress.’’. 

SEC. 545. FAA ORGANIZATIONAL REFORM. 

(a) CHIEF TECHNOLOGY OFFICER.—Section 106(s) of 

title 49, United States Code, is amended to read as follows: 

‘‘(s) CHIEF TECHNOLOGY OFFICER.— 

‘‘(1) IN GENERAL.— 

‘‘(A) APPOINTMENT.—There shall be a Chief 

Technology Officer appointed by the Chief Operating Officer. The Chief Technology Officer shall 

report directly to the Chief Operating Officer. 

‘‘(B) MINIMUM QUALIFICATIONS.—The Chief 

Technology Officer shall have— 

‘‘(i) at least 10 years experience in engineering management or another relevant technical management field; and 

‘‘(ii) knowledge of or experience in the 

aviation industry. 

‘‘(C) REMOVAL.—The Chief Technology Officer shall serve at the pleasure of the Administrator. 

‘‘(D) RESTRICTION.—The Chief Technology 

Officer may not also be the Deputy Administrator. 
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‘‘(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 
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‘‘(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.— 
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‘‘(A) IN GENERAL.—The Administrator and 

the Chief Operating Officer, in consultation with 

the Chief Technology Officer, shall establish measurable annual performance targets for the Chief 

Technology Officer in key operational areas. 

‘‘(B) REPORT.—The Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate a report describing the annual 

performance targets established under subparagraph (A). 

‘‘(5) ANNUAL PERFORMANCE REPORT.—The Chief 

Technology Officer shall prepare and transmit to the 

Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and 

Transportation of the Senate an annual report containing— 

‘‘(A) detailed descriptions and metrics of how 

successful the Chief Technology Officer was in 

meeting the annual performance targets established 

under paragraph (4); and 
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‘‘(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; 
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(2) the digitalization of Registry manual and paperbased 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: 

‘‘§ 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; 
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‘‘(2) could be conducted, as determined by the Administrator, with the same or greater level of efficiency 

by electronic or other remote means; and 

‘‘(3) is not related to research or other non-commercial activities. 

‘‘(b) MAXIMUM SURCHARGE.—A surcharge imposed and 

collected under subsection (a) shall not exceed twice the maximum fee the Administrator is authorized to charge for the 

registration of an aircraft, not used to provide air transportation, after the transfer of ownership under section 

45302(b)(2). 

‘‘(c) CREDIT TO ACCOUNT AND AVAILABILITY.—Monies 

collected from a surcharge imposed under subsection (a) shall 

be treated as monies collected under section 45302 and subject to the terms and conditions set forth in section 

45302(d).’’. 

(e) REPORT.—Not later than 1 year after date of enactment of this Act, and annually thereafter until the covered 

upgrades required under subsection (a) are complete, the Administrator shall submit a report to the appropriate committees of Congress describing— 

(1) the schedule for the covered upgrades to the 

Registry; 

(2) the office responsible for the implementation of 

the such covered upgrades; 
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(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 
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software designated by the Administrator after consultations with aircraft operators and manufacturers. 

(2) PREFERENTIAL BASIS.—The term ‘‘preferential 

basis’’ means— 

(A) prioritizing aircraft equipped with certain 

NextGen avionics during a Ground Delay Program 

by assigning them fewer minutes of delay relative to 

other aircraft based upon principles established 

after consultation with aircraft operators and manufacturers; or 

(B) sequencing aircraft equipped with certain 

NextGen avionics ahead of other aircraft in the 

Traffic Flow Management System to the maximum 

extent consistent with safety. 

(e) SUNSET.—The pilot program established under subsection (a) shall terminate on September 30, 2023. 

(f) REPORT.—Not later than 90 days after the date on 

which the pilot program terminates, the Administrator shall 

submit to the appropriate committees of Congress a report on 

the results of the pilot program. 

SEC. 548. SENSE OF CONGRESS ON ARTIFICIAL INTELLIGENCE 

IN AVIATION. 

It is the sense of Congress that the Administration 

should, in consultation with appropriate Federal agencies and 

industry stakeholders, periodically review the use or proposed 
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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. 
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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 secu-
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rity or board an aircraft until appropriate law enforcement has had an opportunity to assess the incident and 

take appropriate action. 

(5) Protocols for air carriers to inform passengers 

of Federal laws protecting Federal, airport, and air carrier employees who have security duties within an airport. 

(c) EMPLOYEE TRAINING.—A part 121 air carrier shall 

conduct initial and recurrent training for all employees, including management, of the air carrier with respect to the 

plan required under subsection (a), which shall include training on de-escalating hostile situations, written protocols on 

dealing with hostile situations, and the reporting of relevant 

incidents. 

(d) STUDY.—Not later than 180 days after the date of 

enactment of this Act, the Comptroller General of the United 

States shall— 

(1) complete a study of crimes of violence (as defined in section 16 of title 18, United States Code) committed against airline customer service representatives 

while they are performing their duties and on airport 

property; and 

(2) submit the findings of the study, including any 

recommendations, to the appropriate committees of Congress. 
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(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 customerfacing employees of air carriers. 

(b) CONTENTS.—The study shall include— 

(1) an analysis of the training received by customerfacing 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 
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(3) the effectiveness of air carriers’ Employee Assault Prevention and Response Plans required under section 551. 

(c) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the results of the 

study. 

SEC. 553. AUTOMATED WEATHER OBSERVING SYSTEMS POLICY. 

(a) IN GENERAL.—Not later than 18 months after the 

date of enactment of this Act, the Administrator shall— 

(1) update automated weather observing systems 

standards to maximize the use of new technologies that 

promote the reduction of equipment or maintenance cost 

for non-Federal automated weather observing systems, 

including the use of remote monitoring and maintenance, 

unless demonstrated to be ineffective; 

(2) review, and if necessary update, existing policies 

in accordance with the standards developed under paragraph (1); and 

(3) establish a process under which appropriate onsite airport personnel or an aviation official may, with 

appropriate manufacturer training or alternative training as determined by the Administrator, be permitted to 

conduct the minimum triannual preventative maintenance checks under the advisory circular for non-Federal 
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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 re-
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gional 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 (HIMS) program for flight crewmembers and the 
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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, in-
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cluding 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, shortterm rental or lease, long-term rental or lease, interagency acquisition, and acquisition agreements with a 
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State or a local government as described in subsection 

(c). 

(3) AMENDMENT OF FEDERAL ACQUISITION REGULATION.—Not later than 180 days after the date of the 

enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the requirement of this subsection, 

including a determination of the factors for executive 

agencies to consider for purposes of performing the analysis under paragraph (1). 

(4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to affect the requirements of 

chapter 37 of title 41, United States Code, section 2305 

of title 10, United States Code, or section 1535 of title 

31, United States Code. 

(b) DATE OF IMPLEMENTATION.—The analysis described in subsection (a) shall be applied to contracts for the 

acquisition of equipment entered into on or after the date 

that the Federal Acquisition Regulation is amended pursuant 

to paragraph (3) of such subsection. 

(c) ACQUISITION AGREEMENTS WITH STATES OR LOCAL

GOVERNMENTS.— 

(1) IN GENERAL.—Notwithstanding any other provision of law, including chapter 37 of title 41, United 

States Code, the Small Business Act (15 U.S.C. 631 et 
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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 
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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. 
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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 relat-
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ing 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 
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in the New York City and Newark region for the 1-year period beginning on such date of enactment. 

SEC. 560. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA METROPOLITAN AREA AIRSPACE 

PROJECT. 

Not later than 90 days after the date of enactment of 

this Act, the Administrator shall develop and publish in the 

Federal Register a work plan for the New York/New Jersey/ 

Philadelphia Metropolitan Area Airspace Project. 

SEC. 561. ANNUAL REPORT ON INCLUSION OF DISABLED VETERAN LEAVE IN PERSONNEL MANAGEMENT SYSTEM. 

Not later than 1 year after the date of enactment of this 

Act, and not less frequently than annually there after until 

the date that is 5 years after the date of enactment of this 

Act, the Administrator shall publish on a publicly accessible 

internet website a report on— 

(1) the effect of the amendments made by subsections (a) and (b) of section 2 of the Federal Aviation 

Administration Veteran Transition Improvement Act of 

2016 (Public Law 114–242), on the Administration’s 

work force; and 

(2) the number of disabled veterans benefitting 

from such subsections. 
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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: 
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‘‘(8)(A) An individual who is seeking employment 

by an air carrier as a pilot may request the chief driver 

licensing official of a State to provide information about 

the individual under subsection (a) of this section to the 

prospective employer of the individual, the authorized 

agent of the prospective employer, or the Secretary of 

Transportation. 

‘‘(B) An air carrier that is the prospective employer 

of an individual described in subparagraph (A), or an 

authorized agent of such an air carrier, may request and 

receive information about that individual from the National Driver Register through an organization approved 

by the Secretary for purposes of requesting, receiving, 

and transmitting such information directly to the prospective employer of such an individual or the authorized 

agent of the prospective employer. This paragraph shall 

be carried out in accordance with paragraphs (2) and 

(11) of section 44703(h) and the Fair Credit Reporting 

Act (15 U.S.C. 1681 et seq.). 

‘‘(C) Information may not be obtained from the National Driver Register under this paragraph if the information was entered in the Register more than 5 years 

before the request unless the information is about a revocation or suspension still in effect on the date of the 

request.’’. 
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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— 
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(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, 
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except in data made available to a Government agency, for 

the noncommercial flights of the owner or operator. 

SEC. 567. FEDERAL AVIATION ADMINISTRATION WORKFORCE 

REVIEW. 

(a) IN GENERAL.—Not later than 120 days after the 

date of enactment of this Act, the Comptroller General of the 

United States shall conduct a review to assess the workforce 

and training needs of the FAA in the anticipated budgetary 

environment. 

(b) CONTENTS.—In conducting the review, the Comptroller General shall— 

(1) identify the long-term workforce and training 

needs of the FAA workforce; 

(2) assess the impact of automation, digitalization, 

and artificial intelligence on the FAA workforce; 

(3) analyze the skills and qualifications required of 

the FAA workforce for successful performance in the 

current and future projected aviation environment; 

(4) review current performance incentive policies of 

the FAA, including awards for performance; 

(5) analyze ways in which the FAA can work with 

industry and labor, including labor groups representing 

the FAA workforce, to establish knowledge-sharing opportunities between the FAA and the aviation industry 
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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 
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(3) assisting in developing standardized next-generation requirements for air tankers used for firefighting. 

(b) REPORTING REQUIREMENT.—Not later than 1 year 

after the date of enactment of this Act, the Chief of the Forest Service shall submit to Congress a report describing the 

outcome of the review conducted under subsection (a). 

SEC. 569. FAA TECHNICAL WORKFORCE. 

(a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Administrator shall— 

(1) identify and assess barriers to attracting, developing, training, and retaining a talented workforce in the 

areas of systems engineering, architecture, systems integration, digital communications, and cybersecurity; 

(2) develop a comprehensive plan to attract, develop, train, and retain talented individuals in those 

fields; and 

(3) identify existing authorities available to the Administrator, through personnel reform, to attract, develop, and retain this talent. 

(b) REPORT.—The Administrator shall submit to the appropriate committees of Congress a report on the progress 

made toward implementing the requirements under subsection (a). 
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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— 
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(A) the average annual loan volume; 

(B) the average subsidy rate; and 

(C) any loss of Federal revenue; 

(4) impacts on existing programs; 

(5) the administrative costs; and 

(6) any personnel changes. 

SEC. 571. SPECTRUM AVAILABILITY. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Spectrum Pipeline Act of 2015 (47 U.S.C. 

921 note) requires the Secretary of Commerce to identify 30 megahertz of electromagnetic spectrum below the 

frequency of 3 gigahertz to be reallocated to non-Federal 

use, to shared Federal and non-Federal use, or to a combination thereof. 

(2) The Spectrum Pipeline Act of 2015 (47 U.S.C. 

921 note) authorized the Director of the Office of Management and Budget to use amounts made available 

through the Spectrum Relocation Fund to make payments to Federal entities for research and development, 

engineering studies, economic analyses, and other activities intended to improve the efficiency and effectiveness 

of Federal spectrum use in order to make such spectrum 

available for reallocation for non-Federal use, for shared 

Federal and non-Federal use, or for a combination 

thereof. 
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(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 nonFederal 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 
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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. 
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(2) Recommendations for revisions to such practices 

and procedures to improve communications and coordination between and among affected elements of the Federal Aviation Administration and with other affected entities with respect to proposals described in paragraph 

(1) and the potential effects of such proposals. 

(c) CONSULTATION.—In conducting the special review, 

the Council shall consult with— 

(1) air carriers, including passenger and cargo air 

carriers; 

(2) general aviation, including business aviation and 

fixed wing aircraft and rotorcraft; 

(3) airports of various sizes and types; 

(4) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, 

United States Code; and 

(5) State aviation officials. 

(d) REPORT REQUIRED.—Not later than 2 years after 

the date of enactment of this Act, the Administrator shall 

submit to the appropriate committees of Congress a report on 

the results of the special review conducted by the Council, including a description of the comments, recommendations, and 

dissenting views received from the Council and a description 

of how the Administrator plans to implement the recommendations of the Council. 
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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 Administra-
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tion 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: 
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(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 
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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. 
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SEC. 575. GAO STUDY ON AIRLINE COMPUTER NETWORK DISRUPTIONS. 

Not later than 1 year after the date of enactment of this 

Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report containing a review of the following: 

(1) Direct and indirect effects on passengers, if any, 

resulting from significant computer network disruptions 

of part 121 (of title 49, Code of Federal Regulations) air 

carriers between January 1, 2014, and the date of enactment of this section, including— 

(A) systemwide delays; 

(B) flight cancellations; and 

(C) disrupted or broken itineraries. 

(2) An estimate of any expenses incurred by passengers during significant computer network disruptions, 

including— 

(A) meals, lodging, and ancillary expenses per 

persons; 

(B) late hotel check-in or car rental fees; 

(C) missed cruise-ship departures; and 

(D) lost productivity. 

(3) Air carriers’ contracts of carriage and interline 

agreements to determine if and how air carriers accommodate passengers affected by significant computer net-
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work 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 
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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; 
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‘‘(III) at the highest point of the 

structure is at least 50 feet above ground 

level; 

‘‘(IV) at the highest point of the 

structure is not more than 200 feet above 

ground level; 

‘‘(V) has accessory facilities on which 

an antenna, sensor, camera, meteorological instrument, or other equipment is 

mounted; and 

‘‘(VI) is located on land that is— 

‘‘(aa) in a rural area; and 

‘‘(bb) used for agricultural purposes or immediately adjacent to 

such land. 

‘‘(ii) EXCLUSIONS.—The term ‘covered 

tower’ does not include any structure that— 

‘‘(I) is adjacent to a house, barn, 

electric utility station, or other building; 

‘‘(II) is within the curtilage of a 

farmstead or adjacent to another building 

or visible structure; 

‘‘(III) supports electric utility transmission or distribution lines; 
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‘‘(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-ofway 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 
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or as otherwise approved by the Administrator. 

‘‘(B) RURAL AREA.—The term ‘rural area’ has 

the meaning given the term in section 609(a)(5) of 

the Public Utility Regulatory Policies Act of 1978 

(7 U.S.C. 918c(a)(5)). 

‘‘(C) AGRICULTURAL PURPOSES.—The term 

‘agricultural purposes’ means farming in all its 

branches and the cultivation and tillage of the soil, 

the production, cultivation, growing, and harvesting 

of any agricultural or horticultural commodities performed by a farmer or on a farm, or on pasture 

land or rangeland. 

‘‘(2) OTHER DEFINITIONS.—The Administrator 

shall define such other terms as may be necessary to 

carry out this section. 

‘‘(c) DATABASE.—The Administrator shall— 

‘‘(1) develop a new database, or if appropriate use 

an existing database that meets the requirements under 

this section, that contains the location and height of 

each covered tower that, pursuant to subsection (a), the 

owner or operator of such tower elects not to mark (unless the Administrator has determined that there is a 

significant safety risk requiring that the tower be 
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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; 
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‘‘(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 lowaltitude 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 Adminis-
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trator later determines such tower or towers do not pose 

a hazard to aviation safety; 

‘‘(3) shall consider, in establishing exclusions and 

granting waivers under this subsection, factors that may 

sufficiently mitigate risks to aviation safety, such as the 

length of time the tower has been in existence or alternative marking methods or technologies that maintains 

a tower’s level of conspicuousness to a degree which adequately maintains the safety of the airspace; and 

‘‘(4) shall consider excluding towers located in a 

State that has enacted tower marking requirements according to the Federal Aviation Administration’s recommended guidance for the voluntary marking of meteorological evaluation towers erected in remote and rural 

areas that are less than 200 feet above ground level to 

enhance the conspicuity of the towers for low level agricultural operations in the vicinity of those towers. 

‘‘(e) PERIODIC REVIEW.—The Administrator shall, in 

consultation with the Federal Communications Commission, 

periodically review any regulations or guidance regarding the 

marking of covered towers issued pursuant to this section and 

update them as necessary, consistent with this section, and 

in the interest of safety of low-altitude aircraft operations. 

‘‘(f) FCC REGULATIONS.—The Federal Communications 

Commission shall amend section 17.7 of title 47, Code of 
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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 
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(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; 
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(2) State and local government-owned or –operated 

spaceports play a critical role in providing resiliency and 

redundancy in the national launch infrastructure to support national security and civil government capabilities, 

and should be recognized as a critical infrastructure in 

Federal strategy and planning; 

(3) continued State and local government investments at launch and reentry facilities should be encouraged and to the maximum extent practicable supported 

in Federal policies, planning and infrastructure investment considerations, including through Federal, State, 

and local partnerships; 

(4) Federal investments in space infrastructure 

should enable partnerships between Federal agencies and 

state and local spaceports to modernize and enable expanded 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 encour-
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aged 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 

‘‘§ 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 in-
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crease resilience for the Federal Government and commercial customers. 

‘‘(c) RECOGNITION.—In carrying out the functions assigned in subsection (b), the Secretary shall recognize the 

unique needs and distinctions of spaceports that host— 

‘‘(1) launches to or reentries from orbit; and 

‘‘(2) are involved in suborbital launch activities. 

‘‘(d) DIRECTOR.—The head of the Office of the Associate Administrator for Commercial Space Transportation 

shall designate a Director of the Office of Spaceports. 

‘‘(e) DEFINITION.—In this section the term ‘spaceport’ 

means a launch or reentry site that is operated by an entity 

licensed by the Secretary of Transportation.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENT.— 

The table of chapters of title 51, United State Code, is 

amended by adding at the end of subtitle V the following: 

‘‘515. Office of Spaceports ....................................................................... 51501’’. 

(c) REPORT ON NATIONAL SPACEPORTS POLICY.— 

(1) SENSE OF CONGRESS.—It is the sense of Congress that— 

(A) A robust network of space transportation 

infrastructure, including spaceports, is vital to the 

growth of the domestic space industry and America’s competitiveness and access to space. 
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(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 
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spaceport infrastructure to serve and capitalize on 

these space transportation opportunities; 

(C) reviews the development and investments 

made by international competitors in foreign spaceports, to the extent practicable; 

(D) makes recommendations on how the Federal Government can support, encourage, promote, 

and facilitate greater investments in infrastructure 

at spaceports; and 

(E) considers and makes recommendations 

about how spaceports can fully support and enable 

the national space policy. 

(3) UPDATES TO THE REPORT.—Not later than 3 

years after the date of enactment of this Act and every 

2 years until December 2024, the Secretary shall— 

(A) update the previous report prepared under 

this subsection; and 

(B) submit the updated report to Congress. 

(4) CONSULTATIONS REQUIRED.—In preparing the 

reports required by this subsection, the Secretary shall 

consult with individuals including— 

(A) the Secretary of Defense; 

(B) the Secretary of Commerce; 

(C) the Administrator of the National Aeronautics and Space Administration; and 
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(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. 
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(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; 
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‘‘(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: 

‘‘§ 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. 
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‘‘(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 
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‘‘(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.’’. 

(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 
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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: 
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(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 
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operating under part 121 of title 14, Code of Federal 

Regulations. 

(d) UPDATE.—Not later than 1 year after the date of 

enactment of this Act, the Secretary of Transportation shall 

provide to the appropriate committees of Congress an update 

on the status of the public awareness campaign required 

under subsection (a). 

SEC. 584. LIABILITY PROTECTION FOR VOLUNTEER PILOTS 

WHO FLY FOR THE PUBLIC BENEFIT. 

Section 4 of the Volunteer Protection Act of 1997 (42 

U.S.C. 14503) is amended— 

(1) by redesignating subsections (b) through (f) as 

subsections (c) through (g), respectively; 

(2) in subsection (a), by striking ‘‘subsections (b) 

and (d)’’ and inserting ‘‘subsections (b), (c), and (e)’’; 

and 

(3) by inserting after subsection (a) the following: 

‘‘(b) LIABILITY PROTECTION FOR PILOTS THAT FLY

FOR PUBLIC BENEFIT.—Except as provided in subsections 

(c) and (e), no volunteer of a volunteer pilot nonprofit organization that arranges flights for public benefit shall be liable 

for harm caused by an act or omission of the volunteer on 

behalf of the organization if, at the time of the act or omission, the volunteer— 
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‘‘(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 Con-
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gress a report that describes the Administration’s existing 

outreach efforts, such as the STEM Aviation and Space Education Outreach Program, to elementary and secondary students who are interested in careers in science, technology, engineering, art, and mathematics— 

(1) to prepare and inspire such students for aviation and aeronautical careers; and 

(2) to mitigate an anticipated shortage of pilots and 

other aviation professionals. 

SEC. 602. YOUTH ACCESS TO AMERICAN JOBS IN AVIATION 

TASK FORCE. 

(a) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Administrator of the Federal 

Aviation Administration shall establish a Youth Access to 

American Jobs in Aviation Task Force (in this section referred to as the ‘‘Task Force’’). 

(b) DUTIES.—Not later than 12 months after its establishment under subsection (a), the Task Force shall develop 

and submit to the Administrator recommendations and strategies for the Administration to— 

(1) facilitate and encourage high school students in 

the United States, beginning in their junior year, to enroll in and complete career and technical education 

courses, including STEM, that would prepare them to 

enroll in a course of study related to an aviation career 
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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; 
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(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. 
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(6) Such other aviation and educational stakeholders and experts as the Administrator considers appropriate. 

(f) PERIOD OF APPOINTMENT.—Members shall be appointed to the Task Force for the duration of the existence 

of the Task Force. 

(g) COMPENSATION.—Task Force members shall serve 

without compensation. 

(h) SUNSET.—The Task Force shall terminate upon the 

submittal of the report pursuant to subsection (d). 

(i) DEFINITION OF STEM.—The term ‘‘STEM’’ 

means— 

(1) science, technology, engineering, and mathematics; and 

(2) other career and technical education subjects 

that build on the subjects described in paragraph (1). 

Subtitle B—Women in Aviation 

SEC. 611. SENSE OF CONGRESS REGARDING WOMEN IN AVIATION. 

It is the sense of Congress that the aviation industry 

should explore all opportunities, including pilot training, 

science, technology, engineering, and mathematics education, 

and mentorship programs, to encourage and support female 

students and aviators to pursue a career in aviation. 
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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. 
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(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.— 
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(1) IN GENERAL.—Not later than 2 years after the 

date of enactment of this Act, the Board shall submit a 

report outlining the comprehensive plan for strategies 

pursuant to subsection (f) to the Administrator and the 

appropriate committees of Congress. 

(2) AVAILABILITY ONLINE.—The Administrator 

shall make the report publicly available online and in 

print. 

(h) SUNSET.—The Board shall terminate upon the submittal of the report pursuant to subsection (g). 

Subtitle C—Future of Aviation 

Workforce 

SEC. 621. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE. 

(a) FINDINGS.—Congress finds that— 

(1) in 2016, United States air carriers carried a 

record high number of passengers on domestic flights, 

719 million passengers; 

(2) the United States aerospace and defense industry employed 1.7 million workers in 2015, or roughly 2 

percent of the Nation’s total employment base; 

(3) the average salary of an employee in the aerospace and defense industry is 44 percent above the national average; 
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(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; 
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(3) aviation companies, including air carriers, manufacturers, commercial space companies, unmanned aircraft system companies, and repair stations, should create opportunities, through apprenticeships or other 

mechanisms, to attract young people to aviation and 

aerospace careers and to enable individuals to gain the 

critical skills needed to thrive in such professions; and 

(4) the Federal Government should consider the 

needs of men and women interested in pursuing careers 

in the aviation and aerospace industry, the long-term 

personnel needs of the aviation and aerospace industry, 

and the role of aviation in the United States economy in 

the creation and administration of educational and financial aid programs. 

SEC. 622. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE STUDY. 

(a) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Comptroller General of the 

United States shall initiate a study— 

(1) to evaluate the current and future supply of individuals in the aviation and aerospace workforce; 

(2) to identify the factors influencing the supply of 

individuals pursuing a career in the aviation or aerospace industry, including barriers to entry into the workforce; and 
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(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 
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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 
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after such deadline, submit to the appropriate committees of 

Congress a report containing— 

(1) an explanation as to why such final rule was not 

issued by such deadline; and 

(2) a schedule for issuing such final rule . 

(e) STUDY.—The Comptroller General of the United 

States shall conduct a study on technical workers in the aviation maintenance industry. 

(f) CONTENTS.—In conducting the study under subsection (e), the Comptroller General shall— 

(1) analyze the current Standard Occupational 

Classification system with regard to the aviation profession, particularly technical workers in the aviation maintenance industry; 

(2) analyze how changes to the Federal employment 

classification of aviation maintenance industry workers 

might affect government data on unemployment rates 

and wages; 

(3) analyze how changes to the Federal employment 

classification of aviation maintenance industry workers 

might affect projections for future aviation maintenance 

industry workforce needs and project technical worker 

shortfalls; 

(4) analyze the impact of Federal regulation, including Federal Aviation Administration oversight of cer-
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tification, 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: 
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(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 

(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 
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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 
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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 
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(B) to support the professional development of 

teachers using the curriculum described in subparagraph (A). 

(2) For purposes of the pilot program established 

under subsection (a)(2), an eligible project is a project— 

(A) to establish new educational programs that 

teach technical skills used in aviation maintenance, 

including purchasing equipment, or to improve existing such programs; 

(B) to establish scholarships or apprenticeships 

for individuals pursuing employment in the aviation 

maintenance industry; 

(C) to support outreach about careers in the 

aviation maintenance industry to— 

(i) primary, secondary, and post-secondary 

school students; or 

(ii) to communities underrepresented in 

the industry; 

(D) to support educational opportunities related to aviation maintenance in economically disadvantaged geographic areas; 

(E) to support transition to careers in aviation 

maintenance, including for members of the Armed 

Forces; or 
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(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 
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consortia of public, 2-year institutions of higher education as 

Community and Technical College Centers of Excellence in 

Small Unmanned Aircraft System Technology Training (in 

this section referred to as the ‘‘Centers of Excellence’’). 

(b) FUNCTIONS.—A Center of Excellence designated 

under subsection (a) shall have the capacity to train students 

for career opportunities in industry and government service 

related to the use of small unmanned aircraft systems. 

(c) EDUCATION AND TRAINING REQUIREMENTS.—In 

order to be designated as a Center of Excellence under subsection (a), a consortium shall be able to address education 

and training requirements associated with various types of 

small unmanned aircraft systems, components, and related 

equipment, including with respect to— 

(1) multirotor and fixed-wing small unmanned aircraft; 

(2) flight systems, radio controllers, components, 

and characteristics of such aircraft; 

(3) routine maintenance, uses and applications, privacy concerns, safety, and insurance for such aircraft; 

(4) hands-on flight practice using small unmanned 

aircraft systems and computer simulator training; 

(5) use of small unmanned aircraft systems in various industry applications and local, State, and Federal 

government programs and services, including in agri-
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culture, 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 Fed-
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eral Aviation Administration shall establish a collegiate training initiative program relating to unmanned aircraft systems 

by making new agreements or continuing existing agreements 

with institutions of higher education (as defined in section 

101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) 

under which the institutions prepare students for careers involving unmanned aircraft systems. The Administrator may 

establish standards for the entry of such institutions into the 

program and for their continued participation in the program. 

(b) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this 

section, the term ‘‘unmanned aircraft system’’ has the meaning given that term by section 44801 of title 49, United 

States Code, as added by this Act. 

TITLE VII—FLIGHT R&D ACT 

Subtitle A—General Provisions 

SEC. 701. SHORT TITLE. 

This title may be cited as the ‘‘FAA Leadership in 

Groundbreaking High-Tech Research and Development Act’’ 

or the ‘‘FLIGHT R&D Act’’. 

SEC. 702. DEFINITIONS. 

In this title, the following definitions apply: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ 

means the Administrator of the Federal Aviation Administration. 
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(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— 
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(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).’’. 

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 ap-
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point 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, in-
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cluding 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 
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‘‘(B) transmitted to the Committee on Science, 

Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate. 

‘‘(3) NATIONAL AVIATION RESEARCH PLAN.—The 

national aviation research plan required under section 

44501(c) shall include a summary of all research advisory committee recommendations and a description of 

the status of their implementation.’’. 

Subtitle C—Unmanned Aircraft 

Systems 

SEC. 721. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT ROADMAP. 

The Secretary shall submit the unmanned aircraft systems roadmap to Congress on an annual basis as required 

under section 48802(a) of title 49, United States Code, as 

added by this Act. 

Subtitle D—Cybersecurity and 

Responses to Other Threats 

SEC. 731. CYBER TESTBED. 

Not later than 6 months after the date of enactment of 

this Act, the Administrator shall develop an integrated Cyber 

Testbed for research, development, evaluation, and validation 

of air traffic control modernization technologies, before they 

enter the national airspace system, as being compliant with 
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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. 
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Subtitle E—FAA Research and 

Development Activities 

SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW 

TECHNOLOGIES INTO THE NATIONAL AIRSPACE 

SYSTEM. 

Not later than 1 year after the date of enactment of this 

Act, the Administrator, in consultation with NASA, shall 

transmit a comprehensive research plan for the certification 

of new technologies into the national airspace system to the 

Committee on Science, Space, and Technology of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate. This plan shall identify research necessary to support the certification and implementation of NextGen, including both ground and air elements, and 

explain the plan’s relationship to other activities and procedures required for certification and implementation of new 

technologies into the national airspace system. This plan shall 

be informed by the recommendations of the National Research Council report titled ‘‘Transformation in the Air—A 

Review of the FAA Research Plan’’, issued on June 8, 2015. 

This plan shall include, at a minimum— 

(1) a description of the strategic and prescriptive 

value of the research plan; 

(2) an explanation of the expected outcomes from 

executing the plan; 
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(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 
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efficiency and aerodynamic performance, and reduce 

drag, weight, noise, and fuel consumption; and 

(B) the potential for novel flight pattern planning and communications systems to reduce aircraft 

taxiing and airport circling. 

(3) RECOMMENDATIONS.—The review conducted 

under paragraph (1) shall identify potential opportunities for additional research and development, public or 

private, to increase aircraft fuel efficiency. 

(b) REPORT.—Not later than 1 year after the date of 

enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to the appropriate committees of Congress a report containing the results of the review 

conducted under subsection (a). 

SEC. 743. CLEEN AIRCRAFT AND ENGINE TECHNOLOGY PARTNERSHIP. 

(a) COOPERATIVE AGREEMENT.—Subchapter I of chapter 475 of title 49, United States Code, is amended by adding 

at the end the following: 

‘‘§ 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 
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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— 
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(1) research concrete and asphalt airfield pavement 

technologies that extend the life of airfield pavements; 

(2) develop and conduct training; 

(3) provide for demonstration projects; and 

(4) promote the latest airfield pavement technologies to aid in the development of safer, more cost effective, and more durable airfield pavements. 

Subtitle F—Geospatial Data 

SEC. 751. SHORT TITLE; FINDINGS. 

(a) SHORT TITLE.—This subtitle may be cited as the 

‘‘Geospatial Data Act of 2018’’. 

(b) FINDINGS.—Congress finds that— 

(1) open and publicly available data is essential to 

the successful operation of the GeoPlatform; 

(2) the private sector in the United States, for the 

purposes of acquiring and producing quality geospatial 

data and geospatial data services, has been and continues to be invaluable in carrying out the varying missions of Federal departments and agencies, as well as 

contributing positively to the United States economy; 

and 

(3) over the last 2 decades, Congress has passed 

legislation that promotes greater access and use of Government information and data, which has— 
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(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 
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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; 
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(B) may be derived from, among other things, 

remote sensing, mapping, and surveying technologies; 

(C) includes images and raster datasets, aerial 

photographs, and other forms of geospatial data or 

datasets in digitized or non-digitized form; and 

(D) does not include— 

(i) geospatial data and activities of an Indian tribe not carried out, in whole or in part, 

using Federal funds, as determined by the tribal government; 

(ii) classified national security-related 

geospatial data and activities of the Department of Defense, unless declassified; 

(iii) classified national security-related 

geospatial data and activities of the Department of Energy, unless declassified; 

(iv) geospatial data and activities under 

chapter 22 of title 10, United States Code, or 

section 110 of the National Security Act of 

1947 (50 U.S.C. 3045); 

(v) intelligence geospatial data and activities, as determined by the Director of National 

Intelligence; or 
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(vi) certain declassified national securityrelated 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; 
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(12) the term ‘‘National Geospatial Data Asset data 

theme’’ means the National Geospatial Data Asset core 

geospatial datasets (including electronic records and coordinates) relating to a topic or subject designated under 

section 756; 

(13) the term ‘‘National Spatial Data Infrastructure’’ means the technology, policies, criteria, standards, 

and employees necessary to promote geospatial data 

sharing throughout the Federal Government, State, tribal, and local governments, and the private sector (including nonprofit organizations and institutions of higher 

education); and 

(14) the term ‘‘proven practices’’ means methods 

and activities that advance the use of geospatial data for 

the benefit of society. 

SEC. 753. FEDERAL GEOGRAPHIC DATA COMMITTEE. 

(a) IN GENERAL.—There is established within the Department of the Interior an interagency committee to be 

known as the Federal Geographic Data Committee, which 

shall act as the lead entity in the executive branch for the 

development, implementation, and review of policies, practices, and standards relating to geospatial data. 

(b) MEMBERSHIP.— 

(1) CHAIRPERSON AND VICE CHAIRPERSON.—The 

Secretary of the Interior and the Director of the Office 
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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 GeospatialIntelligence 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; 
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(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 
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and cross-agency coordination for marketplace solutions; 

(8) define roles and responsibilities and promote 

and guide cooperation and coordination among agencies 

of the Federal Government, State, tribal, and local governments, institutions of higher education, and the private sector in the collection, production, sharing, and use 

of geospatial information, the implementation of the National Spatial Data Infrastructure, and the identification 

of proven practices; 

(9) coordinate with international organizations having an interest in the National Spatial Data Infrastructure or global spatial data infrastructures; 

(10) make available online and update at least annually— 

(A) a summary of the status for each National 

Geospatial Data Asset data theme, based on the report submitted by the applicable lead covered agency under section 756(b)(3)(E)(ii)(I), which shall include— 

(i) an evaluation of the progress of each 

lead covered agency in achieving the requirements under subparagraphs (A), (B), (C), and 

(D) of section 756(b)(3); and 
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(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 
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(C) not less than once every 2 years, submit to Congress a report that includes the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10), the comments of the Advisory Committee, 

and the responses of the Committee to the comments; 

(12)(A) make available to and request comments 

from covered agencies regarding the summaries and 

evaluations required under subparagraphs (A) and (B) 

of paragraph (10); and 

(B) not less than once every 2 years, submit to 

Congress a report that includes the comments of the covered agencies and the responses of the Committee to the 

comments; and 

(13) support and promote the infrastructure of networks, systems, services, and standards that provide a 

digital representation of the Earth to users for many applications. 

(d) STAFF SUPPORT.—The Committee shall establish an 

Office of the Secretariat within the Department of the Interior to provide administrative support, strategic planning, 

funding, and technical support to the Committee. 

SEC. 754. NATIONAL GEOSPATIAL ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—The Secretary of the Interior 

shall establish within the Department of the Interior the Na-
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tional 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; 
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(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 
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(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 specificparty matter (including a lease, license, permit, contract, 

claim, agreement, or related litigation) with the Department of the Interior in which the member has a direct 

financial interest. 

(6) INCUMBENTS.— 

(A) IN GENERAL.—An individual serving on 

the day before the date of enactment of this Act as 

a member of the National Geospatial Advisory Committee established by the Secretary of the Interior 

may serve as a member of the Advisory Committee 

until the end of the term of the individual under the 

appointment. 

(B) LIMIT ON TERMS.—Any period of service 

as a member of the National Geospatial Advisory 

Committee established by the Secretary of the Interior shall be considered a period of service as a 

member of the Advisory Committee for purposes of 

paragraph (4). 
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(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 
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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 
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agency such information as the Advisory Committee 

considers necessary to carry out this subtitle. Upon 

request of the Chairperson of the Advisory Committee, the head of such agency shall furnish such 

information to the Advisory Committee. 

(B) NONCOOPERATION.—The Advisory Committee shall include in the comments of the Advisory Committee submitted under section 753(c)(11) 

a discussion of any failure by a covered agency to 

furnish information in response to a request under 

subparagraph (A) of this paragraph. 

(3) POSTAL SERVICES.—The Advisory Committee 

may use the United States mails in the same manner 

and under the same conditions as other agencies of the 

Federal Government. 

(g) ADVISORY COMMITTEE PERSONNEL MATTERS.— 

(1) NO COMPENSATION OF MEMBERS.— 

(A) NON-FEDERAL EMPLOYEES.—A member of 

the Advisory Committee who is not an officer or 

employee of the Federal Government shall serve 

without compensation. 

(B) FEDERAL EMPLOYEES.—A member of the 

Advisory Committee who is an officer or employee 

of the Federal Government shall serve without compensation in addition to the compensation received 
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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. 
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(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 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 
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(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 con-
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sensus 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; 
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(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; 
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(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 Na-
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tional Geospatial Data Asset data theme, and 

the GeoPlatform; and 

(v) expedite the development of necessary 

National Geospatial Data Asset data themes; 

(C) establish goals that support the strategic 

plan for the National Spatial Data Infrastructure 

prepared under section 755(c); 

(D) as necessary, collect and analyze information from users of geospatial data within the National Geospatial Data Asset data theme regarding 

the needs of the users for geospatial data and incorporate the needs of users in strategies relating to 

the National Geospatial Data Asset data theme; 

and 

(E) as part of administering the National 

Geospatial Data Asset data theme— 

(i) designate a point of contact within the 

lead covered agency who shall be responsible 

for developing, maintaining, coordination relating to, and disseminating data using the 

GeoPlatform; 

(ii) submit to the Committee— 

(I) a performance report, at least annually, that documents the activities relating to and implementation of the National 
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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. 
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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— 
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(A) in accordance with Office of Management 

and Budget Circular A–119, or any successor thereto; and 

(B) after consultation with a broad range of 

data users and providers; 

(2) to the maximum extent possible, use national 

and international standards adopted by voluntary standards consensus bodies; and 

(3) establish new standards only to the extent 

standards described in paragraph (2) do not exist. 

(c) EXCLUSION.—The Secretary of the Interior shall 

withhold from public disclosure any information the disclosure of which reasonably could be expected to cause damage 

to the national interest, security, or defense of the United 

States, including information relating to geospatial intelligence data activities, as determined in consultation with the 

Director of National Intelligence. 

SEC. 758. GEOPLATFORM. 

(a) IN GENERAL.—The Committee shall operate an electronic service that provides access to geospatial data and 

metadata for geospatial data to the general public, to be 

known as the GeoPlatform. 

(b) IMPLEMENTATION.— 

(1) IN GENERAL.—The GeoPlatform— 

(A) shall— 
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(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 
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(C) shall not store or serve proprietary information or data acquired under a license by the Federal Government, unless authorized by the data provider. 

(2) MANAGING PARTNER.—The Chairperson of the 

Committee shall designate an agency to serve as the 

managing partner for developing and operating the 

GeoPlatform, taking direction from the Committee on 

the scope, functionality, and performance of the 

GeoPlatform. 

(c) CLARIFICATION.—Although the GeoPlatform is intended to include all National Geospatial Data Asset and 

other Federal datasets, nothing in this subtitle shall be construed to prevent a covered agency from also presenting, providing, or disseminating data that is— 

(1) specific to the functions of the covered agency; 

or 

(2) targeted to information consumers that directly 

interface with the services, portals, or other mechanisms 

of the covered agency. 

SEC. 759. COVERED AGENCY RESPONSIBILITIES. 

(a) IN GENERAL.—Each covered agency shall— 

(1) prepare, maintain, publish, and implement a 

strategy for advancing geographic information and related geospatial data and activities appropriate to the 
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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; 
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(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; 
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(12) to the maximum extent practicable, ensure 

that a person receiving Federal funds for geospatial data 

collection provides high-quality data; and 

(13) appoint a contact to coordinate with the lead 

covered agencies for collection, acquisition, maintenance, 

and dissemination of the National Geospatial Data Asset 

data themes used by the covered agency. 

(b) REPORTING.— 

(1) IN GENERAL.—Each covered agency shall submit to the Committee an annual report regarding the 

achievements of the covered agency in preparing and implementing the strategy described in subsection (a)(1) 

and complying with the other requirements under subsection (a). 

(2) BUDGET SUBMISSION.—Each covered agency 

shall— 

(A) include geospatial data in preparing the 

budget submission of the covered agency to the 

President under sections 1105(a) and 1108 of title 

31, United States Code; 

(B) maintain an inventory of all geospatial 

data assets in accordance with OMB Circular A– 

130, or any successor thereto; and 

(C) prepare an annual report to Congress identifying Federal-wide geospatial data assets, as de-
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fined 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. 
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(c) AUDITS.—Not less than once every 2 years, the inspector general of a covered agency (or senior ethics official 

of the covered agency for a covered agency without an inspector general) shall submit to Congress an audit of the collection, production, acquisition, maintenance, distribution, use, 

and preservation of geospatial data by the covered agency, 

which shall include a review of— 

(1) the compliance of the covered agency with the 

standards for geospatial data, including metadata for 

geospatial data, established under section 757; 

(2) the compliance of the covered agency with the 

requirements under subsection (a); and 

(3) the compliance of the covered agency on the 

limitation on the use of Federal funds under section 

759A. 

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

(a) DEFINITION.—In this section, the term ‘‘implementation date’’ means the date that is 5 years after the date 

on which standards for each National Geospatial Data Asset 

data theme are established under section 757. 

(b) LIMITATION.—Except as provided otherwise in this 

section, on and after the implementation date, a covered 

agency may not use Federal funds for the collection, production, acquisition, maintenance, or dissemination of geospatial 
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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 
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(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 Trans-
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portation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate a report specifying the top 5 priority research areas for the implementation and advancement of 

NextGen, including— 

(1) an assessment of why the research areas are a 

priority for the implementation and advancement of 

NextGen; 

(2) an identification of the other Federal agencies 

and private organizations assisting the Administration 

with the research; and 

(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: 

‘‘§ 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— 
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‘‘(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;’’. 
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(b) CONFORMING AMENDMENT.—Section 9502(e)(2) of 

such Code is amended by striking ‘‘October 1, 2018’’ and inserting ‘‘October 1, 2023’’. 

SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. 

(a) FUEL TAXES.—Section 4081(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ‘‘September 30, 2018’’ and inserting ‘‘September 30, 2023’’. 

(b) TICKET TAXES.— 

(1) PERSONS.—Section 4261(k)(1)(A)(ii) of such 

Code is amended by striking ‘‘September 30, 2018’’ and 

inserting ‘‘September 30, 2023’’. 

(2) PROPERTY.—Section 4271(d)(1)(A)(ii) of such 

Code is amended by striking ‘‘September 30, 2018’’ and 

inserting ‘‘September 30, 2023’’. 

(c) FRACTIONAL OWNERSHIP PROGRAMS.— 

(1) FUEL TAX.—Section 4043(d) of such Code is 

amended by striking ‘‘September 30, 2021’’ and inserting ‘‘September 30, 2023’’. 

(2) TREATMENT AS NONCOMMERCIAL AVIATION.— 

Section 4083(b) of such Code is amended by striking 

‘‘October 1, 2018’’ and inserting ‘‘October 1, 2023’’. 

(3) EXEMPTION FROM TICKET TAXES.—Section 

4261(j) of such Code is amended by striking ‘‘September 

30, 2018’’ and inserting ‘‘September 30, 2023’’. 
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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.’’. 
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SEC. 1104. STILL IMAGES. 

(a) STILL IMAGES, VOICE RECORDERS, AND VIDEO RECORDERS.— 

(1) COCKPIT RECORDINGS AND TRANSCRIPTS.—Section 1114(c) of title 49, United States Code, is amended— 

(A) by redesignating paragraph (2) as paragraph (3); 

(B) in paragraph (3), as so redesignated, by 

inserting ‘‘REFERENCES TO INFORMATION IN MAKING SAFETY RECOMMENDATIONS.—’’ before ‘‘This’’; 

and 

(C) in paragraph (1)— 

(i) in the first sentence, by striking ‘‘The 

Board’’ and inserting ‘‘CONFIDENTIALITY OF

RECORDINGS.—Except as provided in paragraph (2), the Board’’; and 

(ii) by amending the second sentence to 

read as follows: 

‘‘(2) EXCEPTION.—Subject to subsections (b) and 

(g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained 

from a video recorder the Board decides is relevant to 

the accident or incident— 
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‘‘(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 
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‘‘(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 
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the public under section 1114(c) or 1114(d) of this 

title;’’; 

(3) in paragraph (3)— 

(A) in the matter preceding subparagraph (A), 

by striking ‘‘recorder recording’’ and inserting ‘‘recorder recording, including with regard to a video 

recording any still image that the National Transportation Safety Board has not made available to 

the public under section 1114(c) or 1114(d) of this 

title,’’; and 

(B) in subparagraph (B), by striking ‘‘recorder 

recording’’ and inserting ‘‘recorder recording, including with regard to a video recording any still 

image that the National Transportation Safety 

Board has not made available to the public under 

section 1114(c) or 1114(d) of this title,’’; 

(4) in paragraph (4)— 

(A) in subparagraph (A)— 

(i) by inserting ‘‘a still image or’’ before 

‘‘a part of a cockpit’’; and 

(ii) by striking ‘‘the part of the transcript 

or the recording’’ each place it appears and inserting ‘‘the still image, the part of the transcript, or the recording’’; 

(B) in subparagraph (B)— 
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(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. 
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(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 

(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 sub-
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section (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; 
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‘‘(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: 

‘‘§ 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— 
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‘‘(1) a brief summary of the Board’s collection and 

analysis of the specific accident investigation information 

most relevant to the recommendation; 

‘‘(2) a description of the Board’s use of external information, including studies, reports, and experts, other 

than the findings of a specific accident investigation, if 

any were used to inform or support the recommendation, 

including a brief summary of the specific safety benefits 

and other effects identified by each study, report, or expert; and 

‘‘(3) a brief summary of any examples of actions 

taken by regulated entities before the publication of the 

safety recommendation, to the extent such actions are 

known to the Board, that were consistent with the recommendation. 

‘‘(c) ACCEPTABLE LIMITATION.—If the Board knows of 

more than 3 examples taken by regulated entities before the 

publication of the safety recommendation that were consistent 

with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples. 

‘‘(d) EXCEPTION.—Subsection (a) shall not apply if the 

recommendation is only for a person to disseminate information on— 

‘‘(1) an existing agency best practices document; or 

‘‘(2) an existing regulatory requirement. 
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‘‘(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. 
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(b) PURPOSES.—The purposes of the system shall be to 

support the Board in improving— 

(1) the quality of accident data the Board makes 

available to the public; and 

(2) the selection of accidents for investigation and 

allocation of limited resources. 

(c) REQUIREMENTS.—The system shall— 

(1) maintain a historical record of accidents that 

are investigated by the Board; and 

(2) be capable of the secure storage, retrieval, and 

management of information associated with the investigations of such accidents. 

SEC. 1109. ADDRESSING THE NEEDS OF FAMILIES OF INDIVIDUALS INVOLVED IN ACCIDENTS. 

(a) AIR CARRIERS HOLDING CERTIFICATES OF PUBLIC

CONVENIENCE AND NECESSITY.—Section 41113 of title 49, 

United States Code, is amended— 

(1) in subsection (a), by striking ‘‘a major’’ and inserting ‘‘any’’; and 

(2) in subsection (b)— 

(A) in paragraph (9), by striking ‘‘(and any 

other victim of the accident)’’ and inserting ‘‘(and 

any other victim of the accident, including any victim on the ground)’’; 
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(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 
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(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; 
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(ii) in subparagraph (B), by striking the 

period at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) any other person injured or killed in the 

aircraft accident, as determined appropriate by the 

Board.’’. 

(d) ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 of 

title 49, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘resulting in a 

major loss of life’’ and inserting ‘‘resulting in any loss 

of life, and for which the National Transportation Safety 

Board will serve as the lead investigative agency’’; and 

(2) by amending subsection (h)(1) to read as follows: 

‘‘(1) RAIL PASSENGER ACCIDENT.—The term ‘rail 

passenger accident’ means any rail passenger disaster 

that— 

‘‘(A) results in any loss of life; 

‘‘(B) the National Transportation Safety 

Board will serve as the lead investigative agency 

for; and 

‘‘(C) occurs in the provision of— 
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‘‘(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: 

‘‘§ 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; 
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‘‘(2) are briefed, before any public briefing, about 

the accident, its causes, and any other findings from the 

investigation; and 

‘‘(3) are individually informed of and allowed to attend any public hearings and meetings of the Board 

about the accident.’’. 

(2) TABLE OF CONTENTS.—The table of contents of 

chapter 11 of subtitle II of title 49, United States Code, 

is amended by inserting after the item relating to section 

1139 the following: 

‘‘1140. Information for families of individuals involved in accidents.’’. 

SEC. 1110. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON 

INVESTIGATION LAUNCH DECISION-MAKING 

PROCESSES. 

Section 1138 of title 49, United States Code, is amended— 

(1) in subsection (b)— 

(A) by redesignating paragraphs (5) and (6) as 

paragraphs (6) and (7), respectively; and 

(B) by inserting after paragraph (4) the following: 

‘‘(5) the process and procedures to select an accident to investigate;’’; and 

(2) in subsection (c), by inserting a comma after 

‘‘Science’’. 
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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 
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‘‘(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. 
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SEC. 1112. GENERAL ORGANIZATION. 

(a) TERMS OF THE CHAIRMAN AND VICE CHAIRMAN.— 

Section 1111(d) of title 49, United States Code, is amended 

by striking ‘‘2 years’’ and inserting ‘‘3 years’’. 

(b) NONPUBLIC COLLABORATIVE DISCUSSIONS.—Section 1111 of such title is further amended by adding at the 

end the following: 

‘‘(k) OPEN MEETINGS.— 

‘‘(1) IN GENERAL.—The Board shall be deemed to 

be an agency for purposes of section 552b of title 5. 

‘‘(2) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

‘‘(A) IN GENERAL.—Notwithstanding section 

552b of title 5, a majority of the members may hold 

a meeting that is not open to public observation to 

discuss official agency business if— 

‘‘(i) no formal or informal vote or other 

official agency action is taken at the meeting; 

‘‘(ii) each individual present at the meeting is a member or an employee of the Board; 

‘‘(iii) at least 1 member of the Board from 

each political party is present at the meeting, 

if applicable; and 

‘‘(iv) the General Counsel of the Board is 

present at the meeting. 

‘‘(B) DISCLOSURE OF NONPUBLIC COLLABORATIVE DISCUSSIONS.—Except as provided under 
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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 
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this paragraph may be construed to limit the applicability of section 552b of title 5 with respect to a 

meeting of the members other than that described 

in this paragraph. 

‘‘(F) STATUTORY CONSTRUCTION.—Nothing in 

this paragraph may be construed— 

‘‘(i) to limit the applicability of section 

552b of title 5 with respect to any information 

which is proposed to be withheld from the public under subparagraph (B)(ii); or 

‘‘(ii) to authorize the Board to withhold 

from any individual any record that is accessible to that individual under section 552a of 

title 5.’’. 

(c) AUTHORITY TO ACQUIRE SMALL UNMANNED AIRCRAFT SYSTEMS FOR INVESTIGATION PURPOSES.—Section 

1113(b)(1) of such title is amended— 

(1) in subparagraph (H), by striking ‘‘and’’ at the 

end; 

(2) in subparagraph (I), by striking the period at 

the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(J) notwithstanding section 1343 of title 31, 

acquire 1 or more small unmanned aircraft (as de-
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fined 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 
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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— 
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(1) by redesignating subsection (d) as subsection 

(e); and 

(2) by inserting after subsection (c) the following: 

‘‘(d) HAZARD MITIGATION ASSISTANCE.—Whether or 

not a major disaster is declared, the President may provide 

hazard mitigation assistance in accordance with section 404 

in any area affected by a fire for which assistance was provided under this section.’’. 

(b) CONFORMING AMENDMENTS.—The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.) is amended— 

(1) in section 404(a) (42 U.S.C. 5170c(a)) (as 

amended by this division)— 

(A) by inserting before the first period ‘‘, or 

any area affected by a fire for which assistance was 

provided under section 420’’; and 

(B) in the third sentence by inserting ‘‘or event 

under section 420’’ after ‘‘major disaster’’ each 

place it appears; and 

(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by 

inserting ‘‘or event under section 420’’ after ‘‘major disaster’’ each place it appears. 

(c) REPORTING REQUIREMENT.—Not later than 1 year 

after the date of enactment of this Act and annually thereafter, the Administrator shall submit to the Committee on 
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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; 
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‘‘(5) installing debris traps to modify road and trail 

drainage mechanisms; 

‘‘(6) modifying or removing culverts to allow drainage to flow freely; 

‘‘(7) adding drainage dips and constructing emergency spillways to keep roads and bridges from washing 

out during floods; 

‘‘(8) planting grass to prevent the spread of noxious 

weeds; 

‘‘(9) installing warning signs; 

‘‘(10) establishing defensible space measures; 

‘‘(11) reducing hazardous fuels; 

‘‘(12) mitigating windstorm damage, including replacing or installing electrical transmission or distribution utility pole structures with poles that are resilient 

to extreme wind and combined ice and wind loadings for 

the basic wind speeds and ice conditions associated with 

the relevant location; 

‘‘(13) removing standing burned trees; and 

‘‘(14) replacing water systems that have been 

burned and have caused contamination.’’. 
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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 
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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: 
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‘‘(1) IN GENERAL.—Participation in’’; and 

(2) by adding at the end the following: 

‘‘(2) NO CONDITIONS.—The President may not condition the provision of Federal assistance under this Act 

on the election by a State, local, or Indian tribal government, or owner or operator of a private nonprofit facility 

to participate in the alternative procedures adopted 

under this section.’’. 

(d) CERTIFICATION.—Section 428(e)(1) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5189f(e)(1)) is amended— 

(1) in subparagraph (E), by striking ‘‘and’’ at the 

end; 

(2) in subparagraph (F), by striking the period at 

the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(G) once certified by a professionally licensed 

engineer and accepted by the Administrator, the estimates on which grants made pursuant to this section are based shall be presumed to be reasonable 

and eligible costs, as long as there is no evidence of 

fraud.’’. 

SEC. 1208. PRIORITIZATION OF FACILITIES. 

Not later than 180 days after the date of enactment of 

this Act, the Administrator shall provide guidance and train-
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ing 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 longterm 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 High-
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way Administration, shall develop and issue guidance for 

State, local, and Indian tribal governments regarding the 

identification of evacuation routes. 

(2) GUIDANCE.—The Administrator of the Federal 

Highway Administration, in coordination with the Administrator, shall revise existing guidance or issue new 

guidance as appropriate for State, local, and Indian tribal governments regarding the design, construction, maintenance, and repair of evacuation routes. 

(b) CONSIDERATIONS.— 

(1) IDENTIFICATION.—In developing the guidance 

under subsection (a)(1), the Administrator shall consider— 

(A) whether evacuation routes have resisted 

impacts and recovered quickly from disasters, regardless of cause; 

(B) the need to evacuate special needs populations, including— 

(i) individuals with a physical or mental 

disability; 

(ii) individuals in schools, daycare centers, 

mobile home parks, prisons, nursing homes and 

other long-term care facilities, and detention 

centers; 
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(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; 
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(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.— 
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(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 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. 
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‘‘(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 Rob-
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ert 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. 
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(ii) Clarify the sequence of delivery of disaster assistance to individuals from the Agency, and other relevant Federal agencies. 

(iii) Clarify the interpretation and implementation of section 312 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) when providing 

disaster assistance to individuals, including 

providing a common interpretation across the 

Agency, and other relevant Federal agencies, of 

the definitions and requirements under such 

section 312. 

(iv) Increase the effectiveness of communication to applicants for assistance programs 

for individuals after a disaster declaration, including the breadth of programs available and 

the potential impacts of utilizing one program 

versus another. 

(C) REPORT UPDATE.—Not later than 4 years 

after the date of enactment of this subsection, the 

Administrator, in coordination with other relevant 

Federal agencies, shall submit to the congressional 

committees of jurisdiction an update to the report 

required under subparagraph (A). 
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(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; 
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(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, rightsof-way, dredge material disposal areas, and necessary relocations. 

(6) LIMITATION.—If a federally authorized water 

resources development project of the Army Corps of Engineers is constructed with funding provided under section 404 pursuant to this subsection, no further Federal 

funding shall be provided for construction of such 

project 

SEC. 1211. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY HOUSING AND PERMANENT 

HOUSING CONSTRUCTION. 

(a) STATE ROLE.—Section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5174(f)) is amended— 

(1) in paragraph (1)— 

(A) by striking the paragraph heading and inserting ‘‘STATE- OR INDIAN TRIBAL GOVERNMENT- 
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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 subpara-
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graph (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 
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housing strategy, which shall be developed and 

submitted to the President for approval. 

‘‘(ii) REQUIREMENTS.—The housing strategy required under clause (i) shall— 

‘‘(I) outline the approach of the State 

in working with Federal partners, Indian 

tribal governments, local communities, 

nongovernmental organizations, and individual disaster survivors to meet disasterrelated 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 pro-
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gram 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. 
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‘‘(G) REPORT ON EFFECTIVENESS.—Not later 

than 18 months after the date of enactment of this 

paragraph, the Inspector General of the Department of Homeland Security shall submit a report to 

the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on 

Transportation and Infrastructure of the House of 

Representatives on the State or Indian tribal government’s role to provide assistance under this section. The report shall contain an assessment of the 

effectiveness of the State or Indian tribal government’s role in providing assistance under this section, including— 

‘‘(i) whether the State or Indian tribal 

government’s role helped to improve the general speed of disaster recovery; 

‘‘(ii) whether the State or Indian tribal 

government providing assistance under this 

section had the capacity to administer this section; and 

‘‘(iii) recommendations for changes to improve the program if the State or Indian tribal 

government’s role to administer the programs 

should be continued. 
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‘‘(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.— 
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‘‘(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 
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units of government (for requests received within a period of 

3 years after the declaration of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) upon determination 

that a locally implemented housing solution, implemented by 

State or local units of government— 

(1) costs 50 percent of comparable FEMA solution 

or whatever the locally implemented solution costs, 

whichever is lower; 

(2) complies with local housing regulations and ordinances; and 

(3) the housing solution was implemented within 90 

days of the disaster. 

SEC. 1212. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 

Section 408(h) of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5174(h)) is 

amended— 

(1) in paragraph (1), by inserting ‘‘, excluding financial assistance to rent alternate housing accommodations under subsection (c)(1)(A)(i) and financial assistance to address other needs under subsection (e)’’ after 

‘‘disaster’’; 

(2) by redesignating paragraph (2) as paragraph 

(3); 

(3) by inserting after paragraph (1) the following: 
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‘‘(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.’’. 
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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’’. 
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(c) INSPECTOR GENERAL REPORT.—Not later than 2 

years after the date of the enactment of this Act, the inspector general of the Department of Homeland Security shall— 

(1) assess the use of the authority provided under 

section 408(c)(1)(B) of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 

5174(c)(1)(B)), as amended by this division, including 

the adequacy of any benefit-cost analysis done to justify 

the use of this alternative; and 

(2) submit a report on the results of the assessment 

conducted under paragraph (1) to the appropriate committees of Congress. 

SEC. 1214. PRIVATE NONPROFIT FACILITY. 

Section 102(11)(B) of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 

5122(11)(B)) is amended by inserting ‘‘food banks,’’ after 

‘‘shelter workshops,’’. 

SEC. 1215. MANAGEMENT COSTS. 

Section 324 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5165b) is amended— 

(1) in subsection (a) by striking ‘‘any administrative expense, and any other expense not directly chargeable to’’ and inserting ‘‘any direct administrative cost, 
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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 
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than 7 percent may be used by the grantee and 5 

percent by the subgrantee for such costs.’’. 

SEC. 1216. FLEXIBILITY. 

(a) WAIVER AUTHORITY.— 

(1) DEFINITION.—In this subsection, the term 

‘‘covered assistance’’ means assistance provided— 

(A) under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5174); and 

(B) in relation to a major disaster or emergency declared by the President under section 401 

or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5170, 5191) on or after October 28, 2012. 

(2) AUTHORITY.—Notwithstanding section 3716(e) 

of title 31, United States Code, the Administrator— 

(A) subject to subparagraph (B), may waive a 

debt owed to the United States related to covered 

assistance provided to an individual or household 

if— 

(i) the covered assistance was distributed 

based on an error by the Agency; 

(ii) there was no fault on behalf of the 

debtor; and 
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(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 
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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 
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(B) in relation to a major disaster or emergency declared by the President under section 401 

or 501, respectively, of such Act (42 U.S.C. 5170; 

42 U.S.C. 5191) on or after January 1, 2012. 

(c) STATUTE OF LIMITATIONS.— 

(1) IN GENERAL.—Section 705 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5205) is amended— 

(A) in subsection (a)(1)— 

(i) by striking ‘‘Except’’ and inserting 

‘‘Notwithstanding section 3716(e) of title 31, 

United States Code, and except’’; and 

(ii) by striking ‘‘report for the disaster or 

emergency’’ and inserting ‘‘report for project 

completion as certified by the grantee’’; and 

(B) in subsection (b)— 

(i) in paragraph (1) by striking ‘‘report 

for the disaster or emergency’’ and inserting 

‘‘report for project completion as certified by 

the grantee’’; and 

(ii) in paragraph (3) by inserting ‘‘for 

project completion as certified by the grantee’’ 

after ‘‘final expenditure report’’. 

(2) APPLICABILITY.— 
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(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: 
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‘‘(e) DISASTER MITIGATION.—In providing assistance 

pursuant to subsection (c)(2), if appropriate and as applicable, the Secretary may encourage hazard mitigation in assistance provided pursuant to such subsection.’’. 

(b) EMERGENCY MANAGEMENT ASSISTANCE COMPACT

GRANTS.—Section 661(d) of the Post-Katrina Emergency 

Management Reform Act of 2006 (6 U.S.C. 761(d)) is 

amended by striking ‘‘for fiscal year 2008’’ and inserting ‘‘for 

each of fiscal years 2018 through 2022’’. 

(c) EMERGENCY MANAGEMENT PERFORMANCE GRANTS

PROGRAM.—Section 662(f) of the Post-Katrina Emergency 

Management Reform Act of 2006 (6 U.S.C. 762(f)) is 

amended by striking ‘‘the program’’ and all that follows 

through ‘‘2012’’ and inserting ‘‘the program, for each of fiscal years 2018 through 2022’’. 

(d) TECHNICAL AMENDMENT.—Section 403(a)(3) of the 

Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5170b(a)(3)) is amended by striking the second subparagraph (J). 

SEC. 1218. NATIONAL VETERINARY EMERGENCY TEAMS. 

(a) IN GENERAL.—The Administrator of the Federal 

Emergency Management Agency may establish one or more 

national veterinary emergency teams at accredited colleges of 

veterinary medicine. 
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(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 In-
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dian 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. 
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‘‘(4) RURAL AREA DEFINED.—For the purposes of 

this subsection, the term ‘rural area’ means an area with 

a population of less than 200,000 outside an urbanized 

area. 

‘‘(5) ELIGIBILITY.—To participate in arbitration 

under this subsection, an applicant— 

‘‘(A) shall submit the dispute to the arbitration 

process established under the authority granted 

under section 601 of Public Law 111-5; and 

‘‘(B) may submit a request for arbitration 

after the completion of the first appeal under subsection (a) at any time before the Administrator of 

the Federal Emergency Management Agency has 

issued a final agency determination or 180 days 

after the Administrator’s receipt of the appeal if the 

Administrator has not provided the applicant with 

a final determination on the appeal. The applicant’s 

request shall contain documentation from the administrative record for the first appeal and may 

contain additional documentation supporting the 

applicant’s position.’’. 

SEC. 1220. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC 

PRESERVATION REVIEW. 

(a) REVIEW AND ANALYSIS.—Not later than 180 days 

after the date of enactment of this Act, the Administrator 
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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 
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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 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.’’. 
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(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 
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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: 
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‘‘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— 
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‘‘(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 Adminis-
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trator of the Federal Emergency Management Agency shall 

publish on the website of the Federal Emergency Management Agency reports, including a specific description of the 

methodology and the source data used in developing such reports, including— 

‘‘(1) an estimate of the amounts for the fiscal year 

covered by the President’s most recent budget pursuant 

to section 1105(a) of title 31, United States Code, including— 

‘‘(A) the unobligated balance of funds to be 

carried over from the prior fiscal year to the budget 

year; 

‘‘(B) the unobligated balance of funds to be 

carried over from the budget year to the budget 

year plus 1; 

‘‘(C) the amount of obligations for noncatastrophic events for the budget year; 

‘‘(D) the amount of obligations for the budget 

year for catastrophic events delineated by event and 

by State; 

‘‘(E) the total amount that has been previously 

obligated or will be required for catastrophic events 

delineated by event and by State for all prior years, 

the current fiscal year, the budget year, and each 

fiscal year thereafter; 
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‘‘(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— 
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‘‘(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.— 
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‘‘(1) INFORMATION.—Not later than 10 days after 

the first day of each month, the Administrator of the 

Federal Emergency Management Agency shall publish 

on the website of the Federal Emergency Management 

Agency the specifics of each contract in excess of 

$1,000,000 that the Federal Emergency Management 

Agency enters into, including— 

‘‘(A) the name of the party; 

‘‘(B) the date the contract was awarded; 

‘‘(C) the amount and scope of the contract; 

‘‘(D) if the contract was awarded through a 

competitive bidding process; 

‘‘(E) if no competitive bidding process was 

used, the reason why competitive bidding was not 

used; and 

‘‘(F) the authority used to bypass the competitive bidding process. 

The information shall be delineated by disaster, if applicable, and specify the damage category code, if applicable. 

‘‘(2) REPORT.—Not later than 10 days after the 

last day of the fiscal year, the Administrator of the Federal Emergency Management Agency shall provide a report to the appropriate committees of Congress summa-
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rizing 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— 
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‘‘(A) the disaster number, project worksheet 

number, and the category of work associated with 

each contract; 

‘‘(B) the name of each party; 

‘‘(C) the date the contract was awarded; 

‘‘(D) the amount of the contract; 

‘‘(E) the scope of the contract; 

‘‘(F) the period of performance for the contract; and 

‘‘(G) whether the contract was awarded 

through a competitive bidding process. 

‘‘(2) AVAILABILITY OF INFORMATION COLLECTED.—The Administrator of the Federal Emergency 

Management Agency shall make the information collected and stored under paragraph (1) available to the 

Inspector General of the Department of Homeland Security, the Government Accountability Office, and appropriate committees of Congress, upon request. 

‘‘(3) REPORT.—Not later than 365 days after the 

date of enactment of this subsection, the Administrator 

of the Federal Emergency Management Agency shall 

submit a report to the Committee on Homeland Security 

and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the 

House of Representatives on the efforts of the Federal 
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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. 
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(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 Com-
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mittee on Homeland Security and Governmental Affairs of 

the Senate a report on the results of the audit, including 

findings and recommendations. 

SEC. 1227. RELIEF ORGANIZATIONS. 

Section 309 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5152) is amended— 

(1) in subsection (a), by striking ‘‘and other relief 

or’’ and inserting ‘‘long-term recovery groups, domestic 

hunger relief, and other relief, or’’; and 

(2) in subsection (b), by striking ‘‘and other relief 

or’’ and inserting ‘‘long-term recovery groups, domestic 

hunger relief, and other relief, or’’. 

SEC. 1228. GUIDANCE ON INUNDATED AND SUBMERGED ROADS. 

The Administrator of the Federal Emergency Management Agency, in coordination with the Administrator of the 

Federal Highway Administration, shall develop and issue 

guidance for State, local, and Indian tribal governments regarding repair, restoration, and replacement of inundated 

and submerged roads damaged or destroyed by a major disaster, and for associated expenses incurred by the Government, with respect to roads eligible for assistance under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172). 
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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 
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provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Homeland Security and Governmental Affairs of the Senate 

a legislative proposal on how to provide eligibility for disaster 

assistance with respect to common areas of condominiums 

and housing cooperatives. 

(c) EFFECTIVE DATE.—This section shall be effective on 

the date of enactment of this Act. 

SEC. 1231. GUIDANCE ON HAZARD MITIGATION ASSISTANCE. 

(a) IN GENERAL.—Not later than 180 days after the 

date of enactment of this Act, the Administrator shall issue 

guidance regarding the acquisition of property for open space 

as a mitigation measure under section 404 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5170c) that includes— 

(1) a process by which the State hazard mitigation 

officer appointed for such an acquisition shall, not later 

than 60 days after the applicant for assistance enters 

into an agreement with the Administrator regarding the 

acquisition, provide written notification to each affected 

unit of local government for such acquisition that includes— 

(A) the location of the acquisition; 

(B) the State-local assistance agreement for 

the hazard mitigation grant program; 
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(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 
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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 
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number of declarations that have been declared based on the 

new criteria. 

(b) EFFECTIVE DATE.—This section shall be effective on 

the date of enactment of this Act. 

SEC. 1233. ADDITIONAL HAZARD MITIGATION ACTIVITIES. 

Section 404 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5170c), as amended by this division, is further amended by adding at the end 

the following: 

‘‘(g) USE OF ASSISTANCE FOR EARTHQUAKE HAZARDS.—Recipients of hazard mitigation 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.’’. 
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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)— 
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(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’’; 
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(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.— 
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‘‘(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: 
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‘‘(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 consensusbased codes, specifications, and standards, the 2 most recently published editions.’’. 

(b) APPLICABILITY.—The amendments made to section 

203 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) 

of subsection (a) shall apply to funds appropriated on or after 

the date of enactment of this Act. 

(c) SENSE OF CONGRESS.—It is the sense of Congress 

that— 

(1) all funding expended from the National Public 

Infrastructure Predisaster Mitigation Assistance created 

by Section 203(i)(1) of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5133), 

as added by this section, shall not be considered part of 

FEMA’s regular appropriations for non-Stafford activities, also known as the Federal Emergency Management 

Agency’s Disaster Relief Fund base; and 

(2) the President should have the funds related to 

the National Public Infrastructure Predisaster Mitigation Assistance created by Section 203(i)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as added by this section, 
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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 
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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.’’. 
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(c) OTHER ELIGIBLE COST.—Section 406(e)(1) of the 

Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5172(e)(1)) is further amended by adding at 

the end the following: 

‘‘(C) CONTRIBUTIONS.—Contributions for the 

eligible cost made under this section may be provided on an actual cost basis or on cost-estimation 

procedures.’’. 

(d) NEW RULES.—Section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5172(e)) is further amended by adding at the end the 

following: 

‘‘(5) NEW RULES.— 

‘‘(A) IN GENERAL.—Not later than 18 months 

after the date of enactment of this paragraph, the 

President, acting through the Administrator of the 

Federal Emergency Management Agency, and in 

consultation with the heads of relevant Federal departments and agencies, shall issue a final rulemaking that defines the terms ‘resilient’ and ‘resiliency’ for purposes of this subsection. 

‘‘(B) INTERIM GUIDANCE.—Not later than 60 

days after the date of enactment of this paragraph, 

the Administrator shall issue interim guidance to 

implement this subsection. Such interim guidance 
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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 re-
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sponse plans in the event of a major disaster or emergency, 

including severe weather events. The guidance and training 

shall include the following: 

(1) Providing a list of equipment required in the 

event a hazardous substance is released into the environment. 

(2) Outlining the health risks associated with exposure to hazardous substances to improve treatment response. 

(3) Publishing best practices for mitigating further 

danger to communities from hazardous substances. 

(b) IMPLEMENTATION.—The requirement of subsection 

(a) shall be implemented not later than 180 days after the 

date of enactment of this Act. 

SEC. 1237. CERTAIN RECOUPMENT PROHIBITED. 

(a) IN GENERAL.—Notwithstanding any other provision 

of law, the Agency shall deem any covered disaster assistance 

to have been properly procured, provided, and utilized, and 

shall restore any funding of covered disaster assistance previously provided but subsequently withdrawn or deobligated. 

(b) COVERED DISASTER ASSISTANCE DEFINED.—In this 

section, the term ‘‘covered disaster assistance’’ means assistance— 

(1) provided to a local government pursuant to section 403, 406, or 407 of the Robert T. Stafford Disaster 
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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 de-
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scribed 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 
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a Form I–912 Request for Fee Waiver, or any successor 

thereto. 

(3) EXEMPTION FROM ASSISTANCE MAXIMUM.—The 

assistance limit in section 408(h) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5174(h)) shall not apply to any fee waived under 

this subsection. 

(4) REPORT.—Not later than 365 days after the 

date of enactment of this subsection, the Administrator 

and the head of any other agency given critical document fee waiver authority under this subsection shall 

submit a report to the Committee on Homeland Security 

and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the 

House of Representatives on the costs associated with 

providing critical document fee waivers as described in 

paragraph (1). 

(b) FEDERAL ASSISTANCE TO PRIVATE NONPROFIT

CHILDCARE FACILITIES.—Section 102(11)(A) of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5122(11)(A)) is amended— 

(1) in the second subparagraph (A) (as added by 

Public Law 115–123), by inserting ‘‘center-based 

childcare,’’ after ‘‘facility),’’; and 
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(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 declara-
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tion, including reviewing how the Agency estimates the cost 

of major disaster assistance, and consider other impacts on 

the capacity of a jurisdiction to respond to disasters. In determining the capacity of a jurisdiction to respond to disasters, and prior to the issuance of such a rule, the Administrator shall engage in meaningful consultation with relevant 

representatives of State, regional, local, and Indian tribal 

government stakeholders. 

SEC. 1240. REPORT ON INSURANCE SHORTFALLS. 

Not later than 2 years after the date of enactment of 

this section, and each year thereafter until 2023, the Administrator of the Federal Emergency Management Agency shall 

submit a report to Congress on the number of instances and 

the estimated amounts involved, by State, for cases in which 

self-insurance amounts have been insufficient to address flood 

damages. 

SEC. 1241. POST DISASTER BUILDING SAFETY ASSESSMENT. 

(a) BUILDING SAFETY ASSESSMENT TEAM.— 

(1) IN GENERAL.—The Administrator shall coordinate with State and local governments and organizations 

representing design professionals, such as architects and 

engineers, to develop guidance, including best practices, 

for post-disaster assessment of buildings by licensed architects and engineers to ensure the design professionals 
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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 Account-
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ability 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, capabilityspecific 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 Frag-
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mentation, Achieve Savings, and Enhance Revenue’’ (February 28, 2012), including with respect to— 

(1) the Urban Area Security Initiative established 

under section 2003 of the Homeland Security Act of 

2002 (6 U.S.C. 604); 

(2) the Port Security Grant Program authorized 

under section 70107 of title 46, United States Code; 

(3) the State Homeland Security Grant Program 

established under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605); and 

(4) the Transit Security Grant Program authorized 

under titles XIV and XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 

U.S.C. 1131 et seq.). 

SEC. 1244. STUDY AND REPORT. 

(a) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Administrator shall enter into 

a contract with the National Academy of Medicine to conduct 

a study and prepare a report as described in subsection (b). 

(b) STUDY AND REPORT.— 

(1) STUDY.— 

(A) IN GENERAL.—The study described in this 

subsection shall be a study of matters concerning 

best practices in mortality counts as a result of a 

major disaster (as defined in section 102 of the 
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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). 
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(c) NO ADDITIONAL FUNDS AUTHORIZED.—No additional funds are authorized to carry out the requirements of 

this section. 

SEC. 1245. REVIEW OF ASSISTANCE FOR DAMAGED UNDERGROUND WATER INFRASTRUCTURE. 

(a) DEFINITION OF PUBLIC ASSISTANCE GRANT PROGRAM.—The term ‘‘public assistance grant program’’ means 

the public assistance grant program authorized under sections 403, 406, 407, 428, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5170b, 5172, 5173, 5192(a)). 

(b) REVIEW AND BRIEFING.—Not later than 60 days 

after the date of enactment of this Act, the Administrator 

shall— 

(1) conduct a review of the assessment and eligibility process under the public assistance grant program 

with respect to assistance provided for damaged underground water infrastructure as a result of a major disaster declared under section 401 of such Act (42 U.S.C. 

5170), including wildfires, and shall include the extent 

to which local technical memoranda, prepared by a local 

unit of government in consultation with the relevant 

State or Federal agencies, identified damaged underground water infrastructure that should be eligible for 

the public assistance grant program; and 
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(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, 
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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. 
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SEC. 1303. DEFINITIONS. 

For the purposes of this division: 

(1) BLOCK MACHINE.—The term ‘‘block machine’’ 

means a piece of equipment that utilizes vibration and 

compaction to form concrete masonry products. 

(2) BOARD.—The term ‘‘Board’’ means the Concrete Masonry Products Board established under section 

1305. 

(3) CAVITY.—The term ‘‘cavity’’ means the open 

space in the mold of a block machine capable of forming 

a single concrete masonry unit having nominal plan dimensions of 8 inches by 16 inches. 

(4) CONCRETE MASONRY PRODUCTS.—The term 

‘‘concrete masonry products’’ refers to a broader class of 

products, including concrete masonry units as well as 

hardscape products such as concrete pavers and segmental retaining wall units, manufactured on a block 

machine using dry-cast concrete. 

(5) CONCRETE MASONRY UNIT.—The term ‘‘concrete masonry unit’’— 

(A) means a concrete masonry product that is 

a manmade masonry unit having an actual width of 

3 inches or greater and manufactured from dry-cast 

concrete using a block machine; and 

(B) includes concrete block and related concrete units used in masonry applications. 
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(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. 
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(10) MACHINE CAVITIES.—The term ‘‘machine cavities’’ means the cavities with which a block machine 

could be equipped. 

(11) MACHINE CAVITIES IN OPERATION.—The term 

‘‘machine cavities in operation’’ means those machine 

cavities associated with a block machine that have produced concrete masonry units within the last 6 months 

of the date set for determining eligibility and is fully operable and capable of producing concrete masonry units. 

(12) MANUFACTURER.—The term ‘‘manufacturer’’ 

means any person engaged in the manufacturing of commercial concrete masonry products in the United States. 

(13) MASONRY UNIT.—The term ‘‘masonry unit’’ 

means a noncombustible building product intended to be 

laid by hand or joined using mortar, grout, surface 

bonding, post-tensioning or some combination of these 

methods. 

(14) ORDER.—The term ‘‘order’’ means an order 

issued under section 1304. 

(15) PERSON.—The term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. 

(16) PROMOTION.—The term ‘‘promotion’’ means 

any action, including paid advertising, to advance the 

image and desirability of concrete masonry products with 
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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 
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research, education, and promotion with regards to concrete masonry products may be— 

(A) proposed by the Secretary at any time; or 

(B) requested by or submitted to the Secretary 

by— 

(i) an existing national organization of 

concrete masonry product manufacturers; or 

(ii) any person that may be affected by 

the issuance of an order. 

(2) PUBLICATION OF PROPOSED ORDER.—If the 

Secretary determines that a proposed order received in 

accordance with paragraph (1)(B) is consistent with and 

will effectuate the purpose of this division, the Secretary 

shall publish such proposed order in the Federal Register not later than 90 days after receiving the order, 

and give not less than 30 days notice and opportunity 

for public comment on the proposed order. 

(3) ISSUANCE OF ORDER.— 

(A) IN GENERAL.—After notice and opportunity for public comment are provided in accordance with paragraph (2), the Secretary shall issue 

the order, taking into consideration the comments 

received and including in the order such provisions 

as are necessary to ensure that the order is in conformity with this division. 
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(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. 
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(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 prod-
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ucts manufactured, and the range in size of manufacturers in the United States. 

(B) ADJUSTMENT IN BOARD REPRESENTATION.—Three years after the assessment of concrete masonry products commences pursuant to an 

order, and at the end of each 3-year period thereafter, the Board, subject to the review and approval 

of the Secretary, shall, if warranted, recommend to 

the Secretary the reapportionment of the Board 

membership to reflect changes in the geographical 

distribution of the manufacture of concrete masonry 

products and the types of concrete masonry products manufactured. 

(3) NOMINATIONS PROCESS.—The Secretary may 

make appointments from nominations by manufacturers 

pursuant to the method set forth in the order. 

(4) FAILURE TO APPOINT.—If the Secretary fails to 

make an appointment to the Board within 60 days of receiving nominations for such appointment, the first 

nominee for such appointment shall be deemed appointed, unless the Secretary provides reasonable justification for the delay to the Board and to Congress and 

provides a reasonable date by which approval or disapproval will be made. 
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(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 
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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 com-
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mittees and subcommittees, as the Board determines appropriate; 

(4) to establish regional organizations or committees to administer regional initiatives; 

(5) to establish working committees of persons 

other than Board members; 

(6) to employ such persons, other than the members, as the Board considers necessary, and to determine 

the compensation and specify the duties of the persons; 

(7) to prepare and submit for the approval of the 

Secretary, before the beginning of each fiscal year, rates 

of assessment under section 1306 and an annual budget 

of the anticipated expenses to be incurred in the administration of the order, including the probable cost of each 

promotion, research, and information activity proposed 

to be developed or carried out by the Board; 

(8) to borrow funds necessary for the startup expenses of the order; 

(9) to carry out generic research, education, and 

promotion programs and projects relating to concrete 

masonry products, and to pay the costs of such programs and projects with assessments collected under section 1306; 

(10) subject to subsection (e), to enter into contracts or agreements to develop and carry out programs 
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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 
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such activities were supported in whole or in part 

by the Board. 

(2) BUDGETS.— 

(A) SUBMISSION.—The order shall require the 

Board to submit to the Secretary for approval a 

budget of the anticipated expenses and disbursements of the Board in the implementation of the 

order, including the projected costs of concrete masonry products research, education, and promotion 

programs and projects. 

(B) TIMING.—The budget shall be submitted 

before the beginning of a fiscal year and as frequently as may be necessary after the beginning of 

the fiscal year. 

(C) APPROVAL.—If the Secretary fails to approve or reject a budget within 60 days of receipt, 

such budget shall be deemed approved, unless the 

Secretary provides to the Board and to Congress, in 

writing, reasonable justification for the delay and 

provides a reasonable date by which approval or disapproval will be made. 

(3) ADMINISTRATIVE EXPENSES.— 

(A) INCURRING EXPENSES.—The Board may 

incur the expenses described in paragraph (2) and 

other expenses for the administration, maintenance, 
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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. 
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(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; 
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(C) account for funds received and expended in 

connection with the contract or agreement; 

(D) make periodic reports to the Board of activities conducted under the contract or agreement; 

and 

(E) make such other reports as the Board or 

the Secretary considers relevant. 

(3) FAILURE TO APPROVE.—If the Secretary fails 

to approve or reject a contract or agreement entered into 

under paragraph (1) within 60 days of receipt, the contract or agreement shall be deemed approved, unless the 

Secretary provides to the Board and to Congress, in 

writing, reasonable justification for the delay and provides a reasonable date by which approval or disapproval 

will be made. 

(f) BOOKS AND RECORDS OF BOARD.— 

(1) IN GENERAL.—The order shall require the 

Board to— 

(A) maintain such books and records (which 

shall be available to the Secretary for inspection 

and audit) as the Secretary may require; 

(B) collect and submit to the Secretary, at any 

time the Secretary may specify, any information the 

Secretary may request; and 
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(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 
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(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 
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metrics for each fiscal year subject to approval by the Secretary. 

(j) BIENNIAL REPORT.—Every 2 years the Board shall 

prepare and make publicly available a comprehensive and detailed report that includes an identification and description of 

all programs and projects undertaken by the Board during 

the previous 2 years as well as those planned for the subsequent 2 years and detail the allocation or planned allocation 

of Board resources for each such program or project. Such 

report shall also include— 

(1) the overall financial condition of the Board; 

(2) a summary of the amounts obligated or expended during the 2 preceding fiscal years; and 

(3) a description of the extent to which the objectives of the Board were met according to the metrics required under subsection (i). 

(k) BOOKS AND RECORDS OF PERSONS COVERED BY

ORDER.— 

(1) IN GENERAL.—The order shall require that 

manufacturers shall— 

(A) maintain records sufficient to ensure compliance with the order and regulations; and 

(B) make the records described in subparagraph (A) available, during normal business hours, 
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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. 
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(C) GENERAL STATEMENTS AND PUBLICATIONS.—This paragraph does not prohibit— 

(i) the issuance of general statements 

based on reports or on information relating to 

a number of persons subject to an order if the 

statements do not identify the information furnished by any person; or 

(ii) the publication, by direction of the 

Secretary, of the name of any person violating 

any order and a statement of the particular 

provisions of the order violated by the person. 

(D) PENALTY.—Any officer, employee, or 

agent of the Department of Commerce or any officer, employee, or agent of the Board who willfully 

violates this paragraph shall be fined not more than 

$1,000 and imprisoned for not more than 1 year, 

or both. 

(4) WITHHOLDING INFORMATION.—This subsection 

does not authorize the withholding of information from 

Congress. 

SEC. 1306. ASSESSMENTS. 

(a) ASSESSMENTS.—The order shall provide that assessments shall be paid by a manufacturer if the manufacturer 

has manufactured concrete masonry products during a period 
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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 
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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; 
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(2) general obligations of any State or any political 

subdivision of a State; 

(3) interest-bearing accounts or certificates of deposit of financial institutions that are members of the 

Federal Reserve System; or 

(4) obligations fully guaranteed as to principal and 

interest by the United States. 

(f) ASSESSMENT FUNDS FOR REGIONAL INITIATIVES.— 

(1) IN GENERAL.—The order shall provide that not 

less than 50 percent of the assessments (less administration expenses) paid by a manufacturer shall be used to 

support research, education, and promotion programs 

and projects in support of the geographic region of the 

manufacturer. 

(2) GEOGRAPHIC REGIONS.—The order shall provide for the following geographic regions: 

(A) Region I shall comprise Connecticut, Delaware, the District of Columbia, Maine, Maryland, 

Massachusetts, New Hampshire, New Jersey, New 

York, Pennsylvania, Rhode Island, Vermont, and 

West Virginia. 

(B) Region II shall comprise Alabama, Florida, 

Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. 
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(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 
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machine cavities in operation of those manufacturers 

voting in the referendum. 

(b) VOTES PERMITTED.— 

(1) IN GENERAL.—Each manufacturer eligible to 

vote in a referendum conducted under this section shall 

be entitled to cast 1 vote. 

(2) ELIGIBILITY.—For purposes of paragraph (1), 

a manufacturer shall be considered to be eligible to vote 

if the manufacturer has manufactured concrete masonry 

products during a period of at least 180 days prior to 

the first day of the period during which voting in the 

referendum will occur. 

(c) MANNER OF CONDUCTING REFERENDA.— 

(1) IN GENERAL.—Referenda conducted pursuant 

to this section shall be conducted in a manner determined by the Secretary. 

(2) ADVANCE REGISTRATION.—A manufacturer who 

chooses to vote in any referendum conducted under this 

section shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4). 

(3) VOTING.—The Secretary shall establish procedures for voting in any referendum conducted under this 

section. The ballots and other information or reports 
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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 fa-
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vored 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. 
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(2) HEARING.—The Secretary shall give the petitioner an opportunity for a hearing on the petition, in 

accordance with regulations issued by the Secretary. 

(3) RULING.—After the hearing, the Secretary shall 

make a ruling on the petition. The ruling shall be final, 

subject to review as set forth in subsection (b). 

(4) LIMITATION ON PETITION.—Any petition filed 

under this subsection challenging an order, any provision 

of the order, or any obligation imposed in connection 

with the order, shall be filed not less than 2 years after 

the effective date of the order, provision, or obligation 

subject to challenge in the petition. 

(b) REVIEW.— 

(1) COMMENCEMENT OF ACTION.—The district 

courts of the United States in any district in which a 

person who is a petitioner under subsection (a) resides 

or conducts business shall have jurisdiction to review the 

ruling of the Secretary on the petition of the person, if 

a complaint requesting the review is filed no later than 

30 days after the date of the entry of the ruling by the 

Secretary. 

(2) PROCESS.—Service of process in proceedings 

under this subsection shall be conducted in accordance 

with the Federal Rules of Civil Procedure. 
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(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 
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•HRES 1082 EH 

under this division may be assessed by the Secretary a 

civil penalty of not more than $5,000 for each violation. 

(2) SEPARATE OFFENSE.—Each violation and each 

day during which there is a failure to comply with an 

order or regulation issued by the Secretary shall be considered to be a separate offense. 

(3) CEASE-AND-DESIST ORDERS.—In addition to, or 

in lieu of, a civil penalty, the Secretary may issue an 

order requiring a person to cease and desist from violating the order or regulation. 

(4) NOTICE AND HEARING.—No order assessing a 

penalty or cease-and-desist order may be issued by the 

Secretary under this subsection unless the Secretary provides notice and an opportunity for a hearing on the 

record with respect to the violation. 

(5) FINALITY.—An order assessing a penalty or a 

cease-and-desist order issued under this subsection by 

the Secretary shall be final and conclusive unless the 

person against whom the order is issued files an appeal 

from the order with the appropriate district court of the 

United States. 

(d) ADDITIONAL REMEDIES.—The remedies provided in 

this division shall be in addition to, and not exclusive of, 

other remedies that may be available. 
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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.— 
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•HRES 1082 EH 

(1) IN GENERAL.—In the case of contumacy by, or 

refusal to obey a subpoena issued under subsection (b) 

to, any person, the Secretary may invoke the aid of any 

court of the United States within the jurisdiction of 

which the investigation or proceeding is conducted, or 

where the person resides or conducts business, in order 

to enforce a subpoena issued under subsection (b). 

(2) ORDER.—The court may issue an order requiring the person referred to in paragraph (1) to comply 

with a subpoena referred to in paragraph (1). 

(3) FAILURE TO OBEY.—Any failure to obey the 

order of the court may be punished by the court as a 

contempt of court. 

(4) PROCESS.—Process in any proceeding under 

this subsection may be served in the United States judicial district in which the person being proceeded against 

resides or conducts business, or wherever the person may 

be found. 

SEC. 1311. SUSPENSION OR TERMINATION. 

(a) MANDATORY SUSPENSION OR TERMINATION.—The 

Secretary shall suspend or terminate an order or a provision 

of an order if the Secretary finds that an order or provision 

of an order obstructs or does not tend to effectuate the purpose of this division, or if the Secretary determines that the 

order or a provision of an order is not favored by a majority 
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•HRES 1082 EH 

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. 
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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) 
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in a fiscal year shall be deposited in an escrow account for 

the duration of the covered period. 

(c) TREATMENT OF AMOUNTS IN ESCROW ACCOUNT.— 

During the covered period, the Board may not obligate, expend, or borrow against amounts required under subsection 

(b) to be deposited in the escrow account. Any interest earned 

on such amounts shall be deposited in the escrow account and 

shall be unavailable for obligation for the duration of the covered period. 

(d) RELEASE OF AMOUNTS IN ESCROW ACCOUNT.— 

After the covered period, the Board may withdraw and obligate in any fiscal year an amount in the escrow account that 

does not exceed 1⁄5 of the amount in the escrow account on 

the last day of the covered period. 

(e) SPECIAL RULE FOR ESTIMATES FOR PARTICULAR

FISCAL YEARS.— 

(1) RULE.—For purposes of subsection (a)(1), the 

amount of assessments estimated to be collected under 

section 1306 in a fiscal year specified in paragraph (2) 

shall be equal to 62 percent of the amount of assessments actually collected under such section in the most 

recent fiscal year for which an audit report has been 

submitted under section 1305(f)(2)(B) as of the beginning of the fiscal year for which the amount that may 

be obligated is being determined. 
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(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; 
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(6) any impact of the activities of the Board on the 

total number of concrete-masonry-related jobs, including 

manufacturing, sales, and installation; 

(7) any significant effects of the activities of the 

Board on downstream purchasers of concrete masonry 

products and real property into which concrete masonry 

products are incorporated; 

(8) effects on prices of concrete masonry products 

as a result of the activities of the Board; 

(9) the cost to the Federal Government of an increase in concrete masonry product prices, if any, as a 

result of the program established by this division; 

(10) the extent to which key statutory requirements 

are met; 

(11) the extent and strength of Federal oversight of 

the program established by this division; 

(12) the appropriateness of administering the program from within the Office of the Secretary of Commerce and the appropriateness of administering the program from within any division of the Department, including whether the Department has the expertise, 

knowledge, or other capabilities necessary to adequately 

administer the program; and 

(13) any other topic that the Comptroller General 

considers appropriate. 
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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 
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•HRES 1082 EH 

(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-middleincome 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))). 
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TITLE I—ESTABLISHMENT 

SEC. 1411. STATEMENT OF POLICY. 

It is the policy of the United States to facilitate marketbased 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 
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•HRES 1082 EH 

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 
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•HRES 1082 EH 

in transition from nonmarket to market economies, in order 

to complement the development assistance objectives, and advance the foreign policy interests, of the United States. In 

carrying out its purpose, the Corporation, utilizing broad criteria, shall take into account in its financing operations the 

economic and financial soundness and development objectives 

of projects for which it provides support under title II. 

(c) LESS DEVELOPED COUNTRY FOCUS.— 

(1) IN GENERAL.—The Corporation shall prioritize 

the provision of support under title II in less developed 

countries with a low-income economy or a lower-middleincome 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. 
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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. 
738 

•HRES 1082 EH 

(2) MEMBERSHIP OF BOARD.— 

(A) IN GENERAL.—The Board shall consist 

of— 

(i) the Chief Executive Officer of the Corporation; 

(ii) the officers specified in subparagraph 

(B); and 

(iii) four other individuals who shall be 

appointed by the President, by and with the 

advice and consent of the Senate, of which— 

(I) one individual should be appointed from among a list of at least 5 individuals submitted by the majority leader 

of the Senate after consultation with the 

chairman of the Committee on Foreign 

Relations of the Senate; 

(II) one individual should be appointed from among a list of at least 5 individuals submitted by the minority leader 

of the Senate after consultation with the 

ranking member of the Committee on 

Foreign Relations of the Senate; 

(III) one individual should be appointed from among a list of at least 5 individuals submitted by the Speaker of the 
739 

•HRES 1082 EH 

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. 
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•HRES 1082 EH 

(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; 
741 

•HRES 1082 EH 

(v) shall be compensated at a rate equivalent to that of level IV of the Executive Schedule under section 5315 of title 5, United States 

Code, when engaged in the business of the Corporation; and 

(vi) may be paid per diem in lieu of subsistence at the applicable rate under the Federal Travel Regulation under subtitle F of title 

41, Code of Federal Regulations, from time to 

time, while away from the home or usual place 

of business of the member. 

(3) CHAIRPERSON.—The Secretary of State, or the 

designee of the Secretary under paragraph (2)(B)(i)(I), 

shall serve as the Chairperson of the Board. 

(4) VICE CHAIRPERSON.—The Administrator of the 

United States Agency for International Development, or 

the designee of the Administrator under paragraph 

(2)(B)(i)(II), shall serve as the Vice Chairperson of the 

Board. 

(5) QUORUM.—Five members of the Board shall 

constitute a quorum for the transaction of business by 

the Board. 

(c) PUBLIC HEARINGS.—The Board shall hold at least 

2 public hearings each year in order to afford an opportunity 

for any person to present views with respect to whether— 
742 

•HRES 1082 EH 

(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.’’. 
743 

•HRES 1082 EH 

(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 
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•HRES 1082 EH 

International Development, shall appoint a Chief Development Officer, from among individuals with experience 

in development, who— 

(A) shall report directly to the Board; and 

(B) shall be removable only by a majority vote 

of the Board. 

(2) DUTIES.—The Chief Development Officer 

shall— 

(A) coordinate the Corporation’s development 

policies and implementation efforts with the United 

States Agency for International Development, the 

Millennium Challenge Corporation, and other relevant United States Government departments and 

agencies, including directly liaising with missions of 

the United States Agency for International Development, to ensure that departments, agencies, and 

missions have training, awareness, and access to the 

Corporation’s tools in relation to development policy 

and projects in countries; 

(B) under the guidance of the Chief Executive 

Officer, manage employees of the Corporation that 

are dedicated to structuring, monitoring, and evaluating transactions and projects co-designed with the 

United States Agency for International Develop-
745 

•HRES 1082 EH 

ment 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.— 
746 

•HRES 1082 EH 

(A) APPOINTMENT; COMPENSATION; REMOVAL.—Of officers and employees employed by the 

Corporation under paragraph (1), not more than 50 

may be appointed, compensated, or removed without 

regard to title 5, United States Code. 

(B) REINSTATEMENT.—Under such regulations as the President may prescribe, officers and 

employees appointed to a position under subparagraph (A) may be entitled, upon removal from such 

position (unless the removal was for cause), to reinstatement to the position occupied at the time of 

appointment or to a position of comparable grade 

and salary. 

(C) ADDITIONAL POSITIONS.—Positions authorized by subparagraph (A) shall be in addition to 

those otherwise authorized by law, including positions authorized under section 5108 of title 5, 

United States Code. 

(D) RATES OF PAY FOR OFFICERS AND EMPLOYEES.—The Corporation may set and adjust 

rates of basic pay for officers and employees appointed under subparagraph (A) without regard to 

the provisions of chapter 51 or subchapter III of 

chapter 53 of title 5, United States Code, relating 
747 

•HRES 1082 EH 

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— 
748 

•HRES 1082 EH 

(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 mem-
749 

•HRES 1082 EH 

bers broadly representative of nongovernmental organizations, think tanks, advocacy organizations, foundations, and other institutions engaged in international development. 

(3) FUNCTIONS.—The Board shall call upon members of the Council, either collectively or individually, to 

advise the Board regarding the extent to which the Corporation is meeting its development mandate and any 

suggestions for improvements in with respect to meeting 

that mandate, including opportunities in countries and 

project development and implementation challenges and 

opportunities. 

(4) FEDERAL ADVISORY COMMITTEE ACT.—The 

Council shall not be subject to the Federal Advisory 

Committee Act (5 U.S.C. App.). 

SEC. 1414. INSPECTOR GENERAL OF THE CORPORATION. 

(a) IN GENERAL.—Section 8G(a)(2) of the Inspector 

General Act of 1978 (5 U.S.C. App.) is amended by inserting 

‘‘the United States International Development Finance Corporation,’’ after ‘‘the Smithsonian Institution,’’. 

(b) OVERSIGHT INDEPENDENCE.—Section 8G(a)(4) of 

the Inspector General Act of 1978 (5 U.S.C. App.) is amended— 

(1) in subparagraph (H), by striking ‘‘; and’’ and 

inserting a semicolon; 
750 

•HRES 1082 EH 

(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. 
751 

•HRES 1082 EH 

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 
752 

•HRES 1082 EH 

be provided if the Board determines there is a substantive policy rationale for such loans and guaranties. 

(3) APPLICABILITY OF FEDERAL CREDIT REFORM

ACT OF 1990.—Loans and guaranties issued under paragraph (1) shall be subject to the requirements of the 

Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 

seq.). 

(c) EQUITY INVESTMENTS.— 

(1) IN GENERAL.—The Corporation may, as a minority investor, support projects with funds or use other 

mechanisms for the purpose of purchasing, and may 

make and fund commitments to purchase, invest in, 

make pledges in respect of, or otherwise acquire, equity 

or quasi-equity securities or shares or financial interests 

of any entity, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Corporation may determine. 

(2) DENOMINATION.—Support provided under paragraph (1) may be denominated and repayable in United 

States dollars or foreign currency. Foreign currency denominated support provided by paragraph (1) should 

only be provided if the Board determines there is a substantive policy rationale for such support. 

(3) GUIDELINES AND CRITERIA.—The Corporation 

shall develop guidelines and criteria to require that the 
753 

•HRES 1082 EH 

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 per-
754 

•HRES 1082 EH 

cent of the aggregate amount of all equity investment made to the project at the time that the Corporation approves support of the project. 

(B) TOTAL LIMIT.—Support provided pursuant 

to this subsection shall be limited to not more than 

35 percent of the Corporation’s aggregate exposure 

on the date that such support is provided. 

(5) SALES AND LIQUIDATION OF POSITION.—The 

Corporation shall seek to sell and liquidate any support 

for a project provided under this subsection as soon as 

commercially feasible, commensurate with other similar 

investors in the project and taking into consideration the 

national security interests of the United States. 

(6) TIMETABLE.—The Corporation shall create a 

project-specific timetable for support provided under 

paragraph (1). 

(d) INSURANCE AND REINSURANCE.—The Corporation 

may issue insurance or reinsurance, upon such terms and 

conditions as the Corporation may determine, to private sector entities and qualifying sovereign entities assuring protection of their investments in whole or in part against any or 

all political risks such as currency inconvertibility and transfer restrictions, expropriation, war, terrorism, civil disturbance, breach of contract, or nonhonoring of financial obligations. 
755 

•HRES 1082 EH 

(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 
756 

•HRES 1082 EH 

(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 mem-
757 

•HRES 1082 EH 

bers of the Board of Directors of an enterprise fund officers or employees of the United States for purposes of 

title 5, United States Code. 

(3) PURPOSES FOR WHICH SUPPORT MAY BE PROVIDED.—The Corporation, subject to the approval of the 

Board, may designate private, nonprofit organizations as 

eligible to receive support under this title for the following purposes: 

(A) To promote development of economic freedom and private sectors, including small- and medium-sized enterprises and joint ventures with the 

United States and host country participants. 

(B) To facilitate access to credit to small- and 

medium-sized enterprises with sound business plans 

in countries where there is limited means of accessing credit on market terms. 

(C) To promote policies and practices conducive to economic freedom and private sector development. 

(D) To attract foreign direct investment capital to further promote private sector development 

and economic freedom. 

(E) To complement the work of the United 

States Agency for International Development and 

other donors to improve the overall business-ena-
758 

•HRES 1082 EH 

bling 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 
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•HRES 1082 EH 

(B) have pursued careers in international business and have demonstrated expertise in international and emerging market investment activities. 

(6) MAJORITY MEMBER REQUIREMENT.—The majority of the members of the Board of Directors shall be 

United States citizens who shall have relevant experience 

relating to the purposes described in paragraph (3). 

(7) REPORTS.—Not later than one year after the 

date of the establishment of an enterprise fund under 

this subsection, and annually thereafter until the enterprise fund terminates in accordance with paragraph 

(10), the Board of Directors of the enterprise fund 

shall— 

(A) submit to the appropriate congressional 

committees a report— 

(i) detailing the administrative expenses of 

the enterprise fund during the year preceding 

the submission of the report; 

(ii) describing the operations, activities, 

engagement with civil society and relevant local 

private sector entities, development objectives 

and outcomes, financial condition, and accomplishments of the enterprise fund during that 

year; 
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•HRES 1082 EH 

(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. 
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•HRES 1082 EH 

(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.— 
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•HRES 1082 EH 

(1) IN GENERAL.—The Corporation shall undertake, in cooperation with appropriate departments, agencies, and instrumentalities of the United States as well 

as private entities and others, to broaden the participation of United States small businesses and cooperatives 

and other small United States investors in the development of small private enterprise in less developed friendly countries or areas. 

(2) OUTREACH TO MINORITY-OWNED AND WOMENOWNED 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 aggre-
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•HRES 1082 EH 

gate 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). 
764 

•HRES 1082 EH 

(3) The Corporation shall, with respect to providing 

any loan guaranty to a project, require the parties to the 

project to bear the risk of loss in an amount equal to 

at least 20 percent of the guaranteed support by the 

Corporation in the project. 

(4) The Corporation may not make or guarantee a 

loan unless the Corporation determines that the borrower or lender is responsible and that adequate provision is made for servicing the loan on reasonable terms 

and protecting the financial interest of the United 

States. 

(5) The interest rate for direct loans and interest 

supplements on guaranteed loans shall be set by reference to a benchmark interest rate (yield) on marketable Treasury securities or other widely recognized or 

appropriate benchmarks with a similar maturity to the 

loans being made or guaranteed, as determined in consultation with the Director of the Office of Management 

and Budget and the Secretary of the Treasury. The Corporation shall establish appropriate minimum interest 

rates for loans, guaranties, and other instruments as 

necessary. 

(6) The minimum interest rate for new loans as established by the Corporation shall be adjusted periodi-
765 

•HRES 1082 EH 

cally 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 
766 

•HRES 1082 EH 

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 
767 

•HRES 1082 EH 

the Corporation will be subrogated to all the rights of 

the recipient of the payment. 

(3) RECOVERY EFFORTS.—The Corporation shall 

pursue recovery from the borrower of the amount of any 

payment made under paragraph (1) with respect to the 

loan. 

(b) LIMITATION ON PAYMENTS.— 

(1) IN GENERAL.—Except as provided by paragraph 

(2), compensation for insurance, reinsurance, or a guaranty issued under this title shall not exceed the dollar 

value of the tangible or intangible contributions or commitments made in the project, plus interest, earnings, or 

profits actually accrued on such contributions or commitments, to the extent provided by such insurance, reinsurance, or guaranty. 

(2) EXCEPTION.— 

(A) IN GENERAL.—The Corporation may provide that— 

(i) appropriate adjustments in the insured 

dollar value be made to reflect the replacement 

cost of project assets; and 

(ii) compensation for a claim of loss under 

insurance of an equity investment under section 1421 may be computed on the basis of the 
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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 de-
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fined in section 502 of the Federal Credit Reform Act of 

1990 (2 U.S.C. 661a)) is available. 

SEC. 1424. TERMINATION. 

(a) IN GENERAL.—The authorities provided under this 

title terminate on the date that is 7 years after the date of 

the enactment of this Act. 

(b) TERMINATION OF CORPORATION.—The Corporation 

shall terminate on the date on which the portfolio of the Corporation is liquidated. 

TITLE III—ADMINISTRATIVE AND 

GENERAL PROVISIONS 

SEC. 1431. OPERATIONS. 

(a) BILATERAL AGREEMENTS.—The Corporation may 

provide support under title II in connection with projects in 

any country the government of which has entered into an 

agreement with the United States authorizing the Corporation to provide such support in that country. 

(b) CLAIMS SETTLEMENT.— 

(1) IN GENERAL.—Claims arising as a result of 

support provided under title II or under predecessor authority may be settled, and disputes arising as a result 

thereof may be arbitrated with the consent of the parties, on such terms and conditions as the Corporation 

may determine. 
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(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 
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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 
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the real property shall be conducted in consultation with 

the Administrator of General Services; 

(10) may lease office space for the Corporation’s 

own use, with the obligation of amounts for such lease 

limited to the current fiscal year for which payments are 

due until the expiration of the current lease under predecessor authority, as of the day before the date of the enactment of this Act; 

(11) may indemnify directors, officers, employees, 

and agents of the Corporation for liabilities and expenses 

incurred in connection with their activities on behalf of 

the Corporation; 

(12) notwithstanding any other provision of law, 

may represent itself or contract for representation in any 

legal or arbitral proceeding; 

(13) may exercise any priority of the Government of 

the United States in collecting debts from bankrupt, insolvent, or decedents’ estates; 

(14) may collect, notwithstanding section 

3711(g)(1) of title 31, United States Code, or compromise any obligations assigned to or held by the Corporation, including any legal or equitable rights accruing 

to the Corporation; 

(15) may make arrangements with foreign governments (including agencies, instrumentalities, or political 
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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. 
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SEC. 1434. CORPORATE FUNDS. 

(a) CORPORATE CAPITAL ACCOUNT.—There is established in the Treasury of the United States a fund to be 

known as the ‘‘Corporate Capital Account’’ to carry out the 

purposes of the Corporation. 

(b) FUNDING.—The Corporate Capital Account shall 

consist of— 

(1) fees charged and collected pursuant to subsection (c); 

(2) any amounts received pursuant to subsection 

(e); 

(3) investments and returns on such investments 

pursuant to subsection (g); 

(4) unexpended balances transferred to the Corporation pursuant to subsection (i); 

(5) payments received in connection with settlements of all insurance and reinsurance claims of the 

Corporation; and 

(6) all other collections transferred to or earned by 

the Corporation, excluding the cost, as defined in section 

502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

661a), of loans and loan guaranties. 

(c) FEE AUTHORITY.—Fees may be charged and collected for providing services in amounts to be determined by 

the Corporation. 

(d) USES.— 
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(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). 
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(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 
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the Corporate Capital Account as is not, in the Corporation’s judgment, required to meet the current needs of 

the Corporate Capital Account. 

(2) FORM OF INVESTMENTS.—Such investments 

shall be made by the Secretary of the Treasury in public 

debt obligations, with maturities suitable to the needs of 

the Corporate Capital Account, as determined by the 

Corporation, and bearing interest at rates determined by 

the Secretary, taking into consideration current market 

yields on outstanding marketable obligations of the 

United States of comparable maturities. 

(h) COLLECTIONS.—Interest earnings made pursuant to 

subsection (g), earnings collected related to equity investments, and amounts, excluding fees related to insurance or 

reinsurance, collected pursuant to subsection (c), shall not be 

collected for any fiscal year except to the extent provided in 

advance in appropriations Acts. 

(i) TRANSFER FROM PREDECESSOR AGENCIES AND

PROGRAMS.—By the end of the transition period described in 

title VI, the unexpended balances, assets, and responsibilities 

of any agency specified in the plan required by section 1462 

shall be transferred to the Corporation. 

(j) TRANSFER OF FUNDS.—In order to carry out this division, funds authorized to be appropriated to carry out the 

Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may 
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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. 
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TITLE IV—MONITORING, 

EVALUATION, AND REPORTING 

SEC. 1441. ESTABLISHMENT OF RISK AND AUDIT COMMITTEES. 

(a) IN GENERAL.—To assist the Board to fulfill its duties and responsibilities under section 1421(a), the Corporation shall establish a risk committee and an audit committee. 

(b) DUTIES AND RESPONSIBILITIES OF RISK COMMITTEE.—Subject to the direction of the Board, the risk 

committee established under subsection (a) shall have oversight responsibility of— 

(1) formulating risk management policies of the operations of the Corporation; 

(2) reviewing and providing guidance on operation 

of the Corporation’s global risk management framework; 

(3) developing policies for enterprise risk management, monitoring, and management of strategic, 

reputational, regulatory, operational, developmental, environmental, social, and financial risks; 

(4) developing the risk profile of the Corporation, 

including a risk management and compliance framework 

and governance structure to support such framework; 

and 

(5) developing policies and procedures for assessing, 

prior to providing, and for any period during which the 

Corporation provides, support to any foreign entities, 
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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. 
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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. 
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•HRES 1082 EH 

(c) PUBLIC AVAILABILITY OF CERTAIN INFORMATION.— 

The Corporation shall make available to the public on a regular basis information about support provided by the Corporation under title II and performance metrics about such 

support on a country-by-country basis. 

(d) CONSULTATION.—In developing the performance 

measurement system required by subsection (a), the Corporation shall consult with the Development Advisory Council established under section 1413(i) and other stakeholders and 

interested parties engaged in sustainable economic growth 

and development. 

SEC. 1443. ANNUAL REPORT. 

(a) IN GENERAL.—After the end of each fiscal year, the 

Corporation shall submit to the appropriate congressional 

committees a complete and detailed report of its operations 

during that fiscal year, including an assessment of— 

(1) the economic and social development impact, including with respect to matters described in subsections 

(d), (e), and (f) of section 1451, of projects supported 

by the Corporation under title II; 

(2) the extent to which the operations of the Corporation complement or are compatible with the development assistance programs of the United States and 

qualifying sovereign entities; 
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•HRES 1082 EH 

(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; 
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(2) an explanation of any partnership arrangement 

or cooperation with a qualifying sovereign entity in support of each project; 

(3) projections of— 

(A) development outcomes, and whether or not 

support for projects are meeting the associated performance measures, both during the start-up phase 

and over the duration of the support, and to the extent practicable, measures of such development outcomes should be on a gender-disaggregated basis, 

such as changes in employment, access to financial 

services, enterprise development and growth, and 

composition of executive boards and senior leadership of enterprises receiving support under title II; 

and 

(B) the value of private sector assets brought 

to bear relative to the amount of support provided 

by the Corporation and the value of any other public sector support; and 

(4) an assessment of the extent to which lessons 

learned from the monitoring and evaluation activities of 

the Corporation, and from annual reports from previous 

years compiled by the Corporation, have been applied to 

projects. 
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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; 
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(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; 
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•HRES 1082 EH 

(6) offer strategic planning and programming assistance to catalyze investment into priority sectors; 

(7) provide transaction structuring support; 

(8) deliver training and knowledge management 

tools for engaging private investors; 

(9) partner with private sector entities that provide 

access to capital and expertise; and 

(10) identify and screen new investment partners. 

(c) TECHNICAL ASSISTANCE.—The Corporation shall coordinate with the United States Agency for International Development and other agencies and departments, as necessary, 

on projects and programs supported by the Corporation that 

include technical assistance. 

SEC. 1446. NOTIFICATIONS TO BE PROVIDED BY THE CORPORATION. 

(a) IN GENERAL.—Not later than 15 days prior to the 

Corporation making a financial commitment associated with 

the provision of support under title II in an amount in excess 

of $10,000,000, the Chief Executive Officer of the Corporation shall submit to the appropriate congressional committees 

a report in writing that contains the information required by 

subsection (b). 

(b) INFORMATION REQUIRED.—The information required by this subsection includes— 

(1) the amount of each such financial commitment; 
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(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— 
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(A) a United States citizen; or 

(B) an entity owned or controlled by an individual or individuals described in subparagraph (A). 

(c) PREFERENCE FOR SUPPORT IN COUNTRIES IN COMPLIANCE WITH INTERNATIONAL TRADE OBLIGATIONS.— 

(1) CONSULTATIONS WITH UNITED STATES TRADE

REPRESENTATIVE.—Not less frequently than annually, 

the Corporation shall consult with the United States 

Trade Representative with respect to the status of countries eligible to receive support from the Corporation 

under title II and the compliance of those countries with 

their international trade obligations. 

(2) PREFERENTIAL CONSIDERATION.—The Corporation shall give preferential consideration to providing 

support under title II for projects in countries in compliance with or making substantial progress coming into 

compliance with their international trade obligations. 

(d) WORKER RIGHTS.— 

(1) IN GENERAL.—The Corporation shall only support projects under title II in countries that are taking 

steps to adopt and implement laws that extend internationally recognized worker rights (as defined in section 

507 of the Trade Act of 1974 (19 U.S.C. 2467)) to 

workers in that country, including any designated zone 

in that country. 
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(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 environ-
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•HRES 1082 EH 

mental 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 
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economic policies that promote the development of private enterprise, both domestic and foreign, and maintaining the conditions that enable private enterprise to 

make a full contribution to the development of such 

countries, including— 

(A) market-based economic policies; 

(B) protection of private property rights; 

(C) respect for the rule of law; and 

(D) systems to combat corruption and bribery. 

(2) SOURCES OF INFORMATION.—The Corporation 

should rely on both third-party indicators and United 

States Government information, such as the Department 

of State’s Investment Climate Statements, the Department of Commerce’s Country Commercial Guides, or the 

Millennium Challenge Corporation’s Constraints Analysis, to assess whether countries meet the conditions described in paragraph (1). 

(h) CONSIDERATION OF FOREIGN BOYCOTT PARTICIPATION.—In providing support for projects under title II, the 

Corporation shall consider, using information readily available, whether the project is sponsored by or substantially affiliated with any person taking or knowingly agreeing to take 

actions, or having taken or knowingly agreed to take actions 

within the past 3 years, which demonstrate or otherwise evidence intent to comply with, further, or support any boycott 
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•HRES 1082 EH 

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, 
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•HRES 1082 EH 

and guidelines to ensure that support provided by the Corporation under title II— 

(1) supplements and encourages, but does not compete with, private sector support; 

(2) operates according to internationally recognized 

best practices and standards with respect to ensuring 

the avoidance of market distorting government subsidies 

and the crowding out of private sector lending; and 

(3) does not have a significant adverse impact on 

United States employment. 

SEC. 1453. PROHIBITION ON SUPPORT IN COUNTRIES THAT 

SUPPORT TERRORISM OR VIOLATE HUMAN 

RIGHTS AND WITH SANCTIONED PERSONS. 

(a) IN GENERAL.—The Corporation is prohibited from 

providing support under title II for a government, or an entity owned or controlled by a government, if the Secretary of 

State has determined that the government— 

(1) has repeatedly provided support for acts of 

international terrorism for purposes of— 

(A) section 1754(c)(1)(A)(i) of the Export 

Control Reform Act of 2018 (subtitle B of title 

XVII of Public Law 115–232); 

(B) section 620A(a) of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2371(a)); 
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(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 
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with respect to the Corporation to the same extent and in the 

same manner as such subsections applied with respect to the 

Overseas Private Investment Corporation on the day before 

the date of the enactment of this Act. 

TITLE VI—TRANSITIONAL 

PROVISIONS 

SEC. 1461. DEFINITIONS. 

In this title: 

(1) AGENCY.—The term ‘‘agency’’ includes any entity, organizational unit, program, or function. 

(2) TRANSITION PERIOD.—The term ‘‘transition period’’ means the period— 

(A) beginning on the date of the enactment of 

this Act; and 

(B) ending on the effective date of the reorganization plan required by section 1462(e). 

SEC. 1462. REORGANIZATION PLAN. 

(a) SUBMISSION OF PLAN.— 

(1) IN GENERAL.—Not later than 120 days after 

the date of the enactment of this Act, the President shall 

transmit to the appropriate congressional committees a 

reorganization plan regarding the following: 

(A) The transfer of agencies, personnel, assets, 

and obligations to the Corporation pursuant to this 

title. 
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(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. 
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(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 
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writing that contains the information required by paragraph (2). 

(2) INFORMATION REQUIRED.—The information required by this paragraph includes a description in detail 

of the procedures to be followed after the transfer of 

functions authorized by this section have occurred to coordinate between the Corporation and the United States 

Agency for International Development in carrying out 

the functions so transferred. 

(d) MODIFICATION OF PLAN.—The President shall consult with the appropriate congressional committees before 

making any material modification or revision to the plan before the plan becomes effective in accordance with subsection 

(e). 

(e) EFFECTIVE DATE.— 

(1) IN GENERAL.—The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (c), shall become effective for an agency on the date specified in the plan 

(or the plan as modified pursuant to subsection (d)), except that such date may not be earlier than 90 days 

after the date the President has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a). 
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(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 
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Administrator of the United States Agency for International 

Development, the functions, personnel, assets, and liabilities 

of the following elements of the United States Agency for 

International Development: 

(1) The Office of Private Capital and Microenterprise. 

(2) The enterprise funds. 

(c) SOVEREIGN LOAN GUARANTY TRANSFER.— 

(1) IN GENERAL.—Effective at the end of the transition period, there is authorized to be transferred to the 

Corporation or any other appropriate department or 

agency of the United States Government the loan accounts and the legal rights and responsibilities for the 

sovereign loan guaranty portfolio held by the United 

States Agency for International Development as in existence on the day before the date of the enactment of this 

Act. 

(2) INCLUSION IN REORGANIZATION PLAN.—The 

President shall include in the reorganization plan submitted under section 1462 a description of the transfer 

authorized under paragraph (1). 

(d) BILATERAL AGREEMENTS.—Any bilateral agreement 

of the United States in effect on the date of the enactment 

of this Act that serves as the basis for programs of the Overseas Private Investment Corporation and the Development 
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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, 
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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. 
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(2) RULE OF CONSTRUCTION.—Nothing in this division shall be construed to require the advice and consent 

of the Senate to the appointment by the President to a 

position in the Corporation of any officer whose agency 

is transferred to the Corporation pursuant to this title 

and whose duties following such transfer are germane to 

those performed before such transfer. 

(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGATIONS, 

AND FUNCTIONS.—Upon the transfer of an agency to the 

Corporation under section 1463— 

(1) the personnel, assets, and obligations held by or 

available in connection with the agency shall be transferred to the Corporation for appropriate allocation, subject to the approval of the Director of the Office of Management and Budget and in accordance with section 

1531(a)(2) of title 31, United States Code; and 

(2) the Corporation shall have all functions— 

(A) relating to the agency that any other official could by law exercise in relation to the agency 

immediately before such transfer; and 

(B) vested in the Corporation by this division 

or other law. 

SEC. 1466. SAVINGS PROVISIONS. 

(a) COMPLETED ADMINISTRATIVE ACTIONS.— 
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(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. 
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(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, 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 
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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 trans-
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ferred 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 
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U.S.C. 905(g)) is amended by striking ‘‘Overseas Private Investment Corporation, Noncredit Account (71–4184–0–3– 

151).’’ and inserting ‘‘United States International Development Finance Corporation.’’. 

(b) EXECUTIVE SCHEDULE.—Title 5, United States 

Code, is amended— 

(1) in section 5314, by striking ‘‘President, Overseas Private Investment Corporation.’’; 

(2) in section 5315, by striking ‘‘Executive Vice 

President, Overseas Private Investment Corporation.’’; 

and 

(3) in section 5316, by striking ‘‘Vice Presidents, 

Overseas Private Investment Corporation (3).’’. 

(c) OFFICE OF INTERNATIONAL TRADE OF THE SMALL

BUSINESS ADMINISTRATION.—Section 22 of the Small Business Act (15 U.S.C. 649) is amended— 

(1) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘the President of the Overseas 

Private Investment Corporation, Director’’ and inserting 

‘‘the Board of Directors of the United States International Development Finance Corporation, the Director’’; and 

(2) by striking ‘‘Overseas Private Investment Corporation’’ each place it appears and inserting ‘‘United 

States International Development Finance Corporation’’. 
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(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’ ’’. 
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(h) ENGAGEMENT ON CURRENCY EXCHANGE RATE AND

ECONOMIC POLICIES.—Section 701(c)(1)(A) of the Trade 

Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 

4421(c)(1)(A)) is amended by striking ‘‘Overseas Private Investment Corporation’’ and inserting ‘‘United States International Development Finance Corporation’’. 

(i) INTERNSHIPS WITH INSTITUTE FOR INTERNATIONAL

PUBLIC POLICY.—Section 625 of the Higher Education Act 

of 1965 (20 U.S.C. 1131c(a)) is amended by striking ‘‘Overseas Private Investment Corporation’’ and inserting ‘‘United 

States International Development Finance Corporation’’. 

(j) FOREIGN ASSISTANCE ACT OF 1961.—The Foreign 

Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended— 

(1) in section 116— 

(A) in subsection (a), by inserting ‘‘, and no 

support may be provided under title II of the Better 

Utilization of Investments Leading to Development 

Act of 2018,’’ after ‘‘this part’’; 

(B) in the first subsection (b)— 

(i) by inserting ‘‘or title II of the Better 

Utilization of Investments Leading to Development Act of 2018’’ after ‘‘this part’’; 

(ii) by inserting ‘‘or the Chief Executive 

Officer of the United States International De-
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velopment 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 
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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.’’. 
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(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.’’. 
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(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 
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by striking ‘‘Overseas Private Investment Corporation’’ and 

inserting ‘‘United States International Development Finance 

Corporation’’. 

(r) EXPANDED NONMILITARY ASSISTANCE FOR

UKRAINE.—Section 7(c)(3) of the Ukraine Freedom Support 

Act of 2014 (22 U.S.C. 8926(c)(3)) is amended— 

(1) in the paragraph heading, by striking ‘‘OVERSEAS PRIVATE INVESTMENT CORPORATION’’ and inserting ‘‘UNITED STATES INTERNATIONAL DEVELOPMENT

FINANCE CORPORATION’’; 

(2) in the matter preceding subparagraph (A), by 

striking ‘‘Overseas Private Investment Corporation’’ and 

inserting ‘‘United States International Development Finance Corporation’’; and 

(3) in subparagraph (B), by striking ‘‘by eligible investors (as defined in section 238 of the Foreign Assistance Act of 1961 (22 U.S.C. 2198))’’. 

(s) GLOBAL FOOD SECURITY ACT OF 2016.—Section 

4(7) of the Global Food Security Act of 2016 (22 U.S.C. 

9303(7)) is amended by striking ‘‘Overseas Private Investment Corporation’’ and inserting ‘‘United States International Development Finance Corporation’’. 

(t) SENSE OF CONGRESS ON EUROPEAN AND EURASIAN

ENERGY SECURITY.—Section 257(c)(2)(B) of the Countering 

Russian Influence in Europe and Eurasia Act of 2017 (22 
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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 
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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: 
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(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. 
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(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 Com-
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mittee on Foreign Affairs of the House of Representatives; 

(iii) the minority leader of the Senate; and 

(iv) the minority leader of the House of 

Representatives. 

(3) PERIOD OF APPOINTMENT.—A member shall be 

appointed for the life of the Group. 

(4) VACANCIES.—Any vacancy in the Group shall 

be filled in the same manner as the original appointment. 

(d) DUTIES.— 

(1) REVIEW.—The Group shall conduct a review on 

the current United States military and diplomatic strategy with respect to the conflict in Syria that includes a 

review of current United States objectives in Syria and 

the desired end state in Syria. 

(2) ASSESSMENT AND RECOMMENDATIONS.—The 

Group shall— 

(A) conduct a comprehensive assessment of the 

current situation in Syria, the impact of such situation on neighboring countries, the resulting regional 

and geopolitical threats to the United States, and 

current military, diplomatic, and political efforts to 

achieve a stable Syria; and 
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(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 
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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 
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(II) actions necessary for reconciliation. 

(v) A roadmap for a United States and 

coalition strategy to reestablish security and 

governance in Syria, including recommendations for the synchronization of stabilization, 

development, counterterrorism, and reconstruction efforts. 

(vi) Any other matter with respect to the 

conflict in Syria that the Group considers to be 

appropriate. 

(2) INTERIM REPORT.—Not later than 90 days 

after the date of enactment of this section, the Group 

shall submit to the Committee on Armed Services and 

the Committee on Foreign Relations of the Senate, the 

Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives, the majority and minority leaders of the Senate, the Speaker of 

the House of Representatives, and the minority leader of 

the House of Representatives a report that describes the 

status of the review and assessment under subsection (d) 

and any interim recommendations developed by the 

Group as of the date of the briefing. 
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(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 
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subsection (b)(1) that are necessary to mitigate a credible 

threat (as defined by the Secretary or the Attorney General, 

in consultation with the Secretary of Transportation) that an 

unmanned aircraft system or unmanned aircraft poses to the 

safety or security of a covered facility or asset. 

‘‘(b) ACTIONS DESCRIBED.— 

‘‘(1) IN GENERAL.—The actions authorized in subsection (a) are the following: 

‘‘(A) During the operation of the unmanned 

aircraft system, detect, identify, monitor, and track 

the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of 

intercept or other access of a wire communication, 

an oral communication, or an electronic communication used to control the unmanned aircraft system 

or unmanned aircraft. 

‘‘(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by 

passive or active, and direct or indirect physical, 

electronic, radio, and electromagnetic means. 

‘‘(C) Disrupt control of the unmanned aircraft 

system or unmanned aircraft, without prior consent, 

including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, elec-
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tronic, 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, 
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civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace. 

‘‘(c) FORFEITURE.—Any unmanned aircraft system or 

unmanned aircraft described in subsection (a) that is seized 

by the Secretary or the Attorney General is subject to forfeiture to the United States. 

‘‘(d) REGULATIONS AND GUIDANCE.— 

‘‘(1) IN GENERAL.—The Secretary, the Attorney 

General, and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary or the Attorney General to 

carry out this section. 

‘‘(2) COORDINATION.— 

‘‘(A) COORDINATION WITH DEPARTMENT OF

TRANSPORTATION.—The Secretary and the Attorney General shall coordinate the development of 

their respective guidance under paragraph (1) with 

the Secretary of Transportation. 

‘‘(B) EFFECT ON AVIATION SAFETY.—The Secretary and the Attorney General shall respectively 

coordinate with the Secretary of Transportation and 

the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise 

implementing this section, if such guidance or implementation might affect aviation safety, civilian 
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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; 
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‘‘(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. 
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‘‘(f) BUDGET.—The Secretary and the Attorney General 

shall submit to Congress, as a part of the homeland security 

or justice budget materials for each fiscal year after fiscal 

year 2019, a consolidated funding display that identifies the 

funding source for the actions described in subsection (b)(1) 

within the Department of Homeland Security or the Department of Justice. The funding display shall be in unclassified 

form, but may contain a classified annex. 

‘‘(g) SEMIANNUAL BRIEFINGS AND NOTIFICATIONS.— 

‘‘(1) IN GENERAL.—On a semiannual basis during 

the period beginning 6 months after the date of enactment of this section and ending on the date specified in 

subsection (i), the Secretary and the Attorney General 

shall, respectively, provide a briefing to the appropriate 

congressional committees on the activities carried out 

pursuant to this section. 

‘‘(2) REQUIREMENT.—Each briefing required under 

paragraph (1) shall be conducted jointly with the Secretary of Transportation. 

‘‘(3) CONTENT.—Each briefing required under 

paragraph (1) shall include— 

‘‘(A) policies, programs, and procedures to 

mitigate or eliminate impacts of such activities to 

the National Airspace System; 
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‘‘(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; 
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‘‘(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— 
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‘‘(1) vest in the Secretary or the Attorney General 

any authority of the Secretary of Transportation or the 

Administrator of the Federal Aviation Administration; 

‘‘(2) vest in the Secretary of Transportation or the 

Administrator of the Federal Aviation Administration 

any authority of the Secretary or the Attorney General; 

‘‘(3) vest in the Secretary of Homeland Security 

any authority of the Attorney General; 

‘‘(4) vest in the Attorney General any authority of 

the Secretary of Homeland Security; or 

‘‘(5) provide a new basis of liability for any State, 

local, territorial, or tribal law enforcement officers who 

participate in the protection of a mass gathering identified by the Secretary or Attorney General under subsection (k)(3)(C)(iii)(II), act within the scope of their 

authority, and do not exercise the authority granted to 

the Secretary and Attorney General by this section. 

‘‘(i) TERMINATION.—The authority to carry out this section with respect to a covered facility or asset specified in 

subsection (k)(3) shall terminate on the date that is 4 years 

after the date of enactment of this section. 

‘‘(j) SCOPE OF AUTHORITY.—Nothing in this section 

shall be construed to provide the Secretary or the Attorney 

General with additional authorities beyond those described in 

subsections (a) and (k)(3)(C)(iii). 
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‘‘(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 
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subparagraph (C)(i)(II) and (C)(iii)(I), such missions shall be presumed to be for the protection of 

a facility or asset that is assessed to be high-risk 

and a potential target for unlawful unmanned aircraft activity); 

‘‘(B) is located in the United States (including 

the territories and possessions, territorial seas or 

navigable waters of the United States); and 

‘‘(C) directly relates to one or more— 

‘‘(i) missions authorized to be performed 

by the Department of Homeland Security, consistent with governing statutes, regulations, 

and orders issued by the Secretary, pertaining 

to— 

‘‘(I) security or protection functions 

of the U.S. Customs and Border Protection, including securing or protecting facilities, aircraft, and vessels, whether 

moored or underway; 

‘‘(II) United States Secret Service 

protection operations pursuant to sections 

3056(a) and 3056A(a) of title 18, United 

States Code, and the Presidential Protection Assistance Act of 1976 (18 U.S.C. 

3056 note); or 
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‘‘(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 
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‘‘(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 
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State, local, territorial, or tribal law enforcement; or 

‘‘(III) protection of an active Federal 

law enforcement investigation, emergency 

response, or security function, that is limited to a specified timeframe and location; 

and 

‘‘(iv) missions authorized to be performed 

by the United States Coast Guard, including 

those described in clause (iii) as directed by 

the Secretary, and as further set forth in section 104 of title 14, United States Code, and 

consistent with governing statutes, regulations, 

and orders issued by the Secretary of the Department in which the Coast Guard is operating. 

‘‘(4) The terms ‘electronic communication’, ‘intercept’, ‘oral communication’, and ‘wire communication’ 

have the meaning given those terms in section 2510 of 

title 18, United States Code. 

‘‘(5) The term ‘homeland security or justice budget 

materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal 

year. 
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‘‘(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 ‘riskbased 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 
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which disrupts the transmission of radio or electronic signals, for carrying out the actions described 

in subsection (b)(1). 

‘‘(C) Potential consequences of the impacts of 

any actions taken under subsection (b)(1) to the national airspace system and infrastructure if not 

mitigated. 

‘‘(D) The ability to provide reasonable advance 

notice to aircraft operators consistent with the safety of the national airspace system and the needs of 

law enforcement and national security. 

‘‘(E) The setting and character of any covered 

facility or asset, including whether it is located in 

a populated area or near other structures, whether 

the facility is open to the public, whether the facility is also used for nongovernmental functions, and 

any potential for interference with wireless communications or for injury or damage to persons or 

property. 

‘‘(F) The setting, character, timeframe, and 

national airspace system impacts of National Special Security Event and Special Event Assessment 

Rating events. 

‘‘(G) Potential consequences to national security, public safety, or law enforcement if threats 
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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 infra-
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structure 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: 
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‘‘§ 104. Protecting against unmanned aircraft 

‘‘For the purposes of section 210G(k)(3)(C)(iv) of the 

Homeland Security Act of 2002, the missions authorized to 

be performed by the United States Coast Guard shall be 

those related to— 

‘‘(1) functions of the U.S. Coast Guard relating to 

security or protection of facilities and assets assessed to 

be high-risk and a potential target for unlawful unmanned aircraft activity, including the security and protection of— 

‘‘(A) a facility, including a facility that is 

under the administrative control of the Commandant; and 

‘‘(B) a vessel (whether moored or underway) or 

an aircraft, including a vessel or aircraft— 

‘‘(i) that is operated by the Coast Guard, 

or that the Coast Guard is assisting or escorting; and 

‘‘(ii) that is directly involved in a mission 

of the Coast Guard pertaining to— 

‘‘(I) assisting or escorting a vessel of 

the Department of Defense; 

‘‘(II) assisting or escorting a vessel of 

national security significance, a high interest vessel, a high capacity passenger 
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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, groundbased 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.’’. 
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DIVISION I—SUPPLEMENTAL APPROPRIATIONS FOR DISASTER 

RELIEF, 2018 

The following sums are hereby appropriated, out of any 

money in the Treasury not otherwise appropriated, and out 

of applicable corporate or other revenues, receipts, and funds, 

for the several departments, agencies, corporations, and other 

organizational units of Government for fiscal year 2018, and 

for other purposes, namely: 

DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Community Development 

Fund’’, $1,680,000,000, to remain available until expended, 

for necessary expenses for activities authorized under title I 

of the Housing and Community Development Act of 1974 (42 

U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed 

areas resulting from a major disaster declared in 2018 pursuant to the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.): Provided, That 
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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): Pro-
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vided further, That a State or subdivision thereof may use up 

to 5 percent of its allocation for administrative costs: Provided further, That in administering the funds under this 

heading, the Secretary of Housing and Urban Development 

may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or 

the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good 

cause exists for the waiver or alternative requirement and 

such waiver or alternative requirement would not be inconsistent with the overall purpose of title I of the Housing and 

Community Development Act of 1974: Provided further, 

That, notwithstanding the preceding proviso, recipients of 

funds provided under this heading that use such funds to 

supplement Federal assistance provided under section 402, 

403, 404, 406, 407, 408(c)(4), or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.) may adopt, without review or public 

comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy 

the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further, That, 

notwithstanding section 104(g)(2) of the Housing and Com-
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munity 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 
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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’’. 
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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 
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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.’’. 
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SEC. 1805. CYBERSECURITY INFORMATION SHARING AND COORDINATION IN PORTS. 

(a) MARITIME CYBERSECURITY RISK ASSESSMENT

MODEL.—The Secretary of Homeland Security, through the 

Commandant of the Coast Guard and the Under Secretary 

responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security, shall— 

(1) not later than 1 year after the date of enactment of this Act, coordinate with the National Maritime 

Security Advisory Committee, the Area Maritime Security Advisory Committees, and other maritime stakeholders, as necessary, to develop and implement a maritime cybersecurity risk assessment model, consistent 

with the activities described in section 2(e) of the National Institute of Standards and Technology Act (15 

U.S.C. 272(e)), to evaluate current and future cybersecurity risks that have the potential to affect the marine 

transportation system or that would cause a transportation security incident (as defined in section 70101 of 

title 46, United States Code) in ports; and 

(2) not less than biennially thereafter, evaluate the 

effectiveness of the cybersecurity risk assessment model 

established under paragraph (1). 

(b) PORT SECURITY; DEFINITIONS.—Section 70101 of 

title 46, United States Code, is amended— 
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(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, cy-
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bersecurity, and other related programs of the Department of Homeland Security shall— 

(A) ensure there is a process for each Area 

Maritime Security Advisory Committee established 

under section 70112 of title 46, United States 

Code— 

(i) to facilitate the sharing of information 

related to cybersecurity risks that may cause 

transportation security incidents; 

(ii) to timely report transportation security incidents to the national level; and 

(iii) to disseminate such reports across the 

entire maritime transportation system via the 

National Cybersecurity and Communications 

Integration Center; and 

(B) issue voluntary guidance for the management of such cybersecurity risks in each Area Maritime Transportation Security Plan and facility security plan required under section 70103 of title 46, 

United States Code, approved after the date that 

the cybersecurity risk assessment model is developed under subsection (a) of this section. 

(d) VULNERABILITY ASSESSMENTS AND SECURITY

PLANS.— 
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(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 
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(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, 
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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 cybercaused transportation security incident occurs, to include the 

use of cyber protection teams. 

SEC. 1806. FACILITY INSPECTION INTERVALS. 

Section 70103(c)(4)(D) of title 46, United States Code, 

is amended to read as follows: 

‘‘(D) subject to the availability of appropriations, periodically, but not less than one time per 

year, conduct a risk-based, no notice facility inspection to verify the effectiveness of each such facility 

security plan.’’. 

SEC. 1807. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN . 

(a) IN GENERAL.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 435. MARITIME OPERATIONS COORDINATION PLAN. 

‘‘(a) IN GENERAL.—Not later than 180 days after the 

date of enactment of the Maritime Security Improvement Act 

of 2018, and biennially thereafter, the Secretary shall— 

‘‘(1) update the Maritime Operations Coordination 

Plan, published by the Department on July 7, 2011, to 
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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. 
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‘‘(4) Highlighting the work completed within the 

context of other national and Department maritime security strategic guidance and how that work fits with the 

Maritime Operations Coordination Plan.’’. 

(b) TABLE OF CONTENTS.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 

107–296; 116 Stat. 2136) is amended by adding after the 

item relating to section 434 the following: 

‘‘435. Maritime operations coordination plan.’’. 

SEC. 1808. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES. 

(a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Comptroller General of the 

United States shall submit to the Committee on Commerce, 

Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and 

the Committee on Transportation and Infrastructure and the 

Committee on Homeland Security of the House of Representatives a report on the state of the Coast Guard’s Deployable 

Specialized Forces (referred to in this section as DSF). 

(b) CONTENTS.—The report shall include, at a minimum, the following: 

(1) For each of the past 3 fiscal years, and for each 

type of DSF, the following: 

(A) A cost analysis, including training, operating, and travel costs. 
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(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. 
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(B) Distributing counter-terrorism and antiterrorism 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 estab-
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lished before the date of enactment of the Security and 

Accountability for Every Port Act of 2006 (Public Law 

109–347; 120 Stat. 1884). 

(b) SECURE SYSTEMS OF TRANSPORTATION.—Section 

70116 of title 46, United States Code, is repealed. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) TABLE OF CONTENTS.—The table of contents 

for chapter 701 of title 46, United States Code, is 

amended by striking the items relating to sections 

70107A and 70116. 

(2) REPORT REQUIREMENT.—Section 108 of the 

Security and Accountability for Every Port Act of 2006 

(Public Law 109–347; 120 Stat. 1893) is amended by 

striking subsection (b) (46 U.S.C. 70107A note) and inserting the following: 

‘‘(b) [Reserved].’’. 

SEC. 1810. DUPLICATION OF EFFORTS IN THE MARITIME DOMAIN. 

(a) GAO ANALYSIS.—Not later than 1 year after the 

date of enactment of this Act, the Comptroller General of the 

United States shall— 

(1) conduct an analysis of all operations in the applicable location of— 

(A) the Air and Marine Operations of the U.S. 

Customs and Border Protection; and 
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(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 
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which the Air and Marine Operations of the U.S. Customs 

and Border Protection is based within 45 miles of a location 

in which any other agency of the Department of Homeland 

Security also operates air and marine assets. 

SEC. 1811. MARITIME SECURITY CAPABILITIES ASSESSMENTS. 

(a) IN GENERAL.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), as amended 

by section 1807 of this Act, is further amended by adding at 

the end the following: 

‘‘SEC. 436. MARITIME SECURITY CAPABILITIES ASSESSMENTS. 

‘‘Not later than 180 days after the date of enactment of 

the Maritime Security Improvement Act of 2018, and annually thereafter, the Secretary shall submit to the Committee 

on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of 

the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the 

House of Representatives, an assessment of the number and 

type of maritime assets and the number of personnel required 

to increase the Department’s maritime response rate pursuant to section 1092 of the National Defense Authorization 

Act for Fiscal Year 2017 (6 U.S.C. 223).’’. 

(b) TABLE OF CONTENTS.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 

107–296; 116 Stat. 2136), as amended by section 1807 of 
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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 
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National Defense Authorization Act for Fiscal Year 

2017 (6 U.S.C. 223(a)). 

(b) MARITIME BORDER THREAT ANALYSIS.— 

(1) IN GENERAL.—Not later than 180 days after 

the date of enactment of this Act, the Secretary of 

Homeland Security shall submit to the appropriate committees of Congress a maritime border threat analysis 

that includes an identification and description of the following: 

(A) Current and potential threats posed by the 

individuals and groups seeking to— 

(i) enter the United States through the 

maritime border; or 

(ii) exploit border vulnerabilities on the 

maritime border. 

(B) Improvements needed at United States sea 

ports— 

(i) to prevent terrorists and instruments 

of terror from entering the United States; and 

(ii) to reduce criminal activity, as measured by the total flow of illegal goods and illicit 

drugs, related to the maritime border. 

(C) Improvements needed with respect to the 

maritime border— 
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(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. 
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(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 
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necessary to ensure the monitoring described in paragraph (1). 

SEC. 1815. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL APPEALS PROCESS. 

Not later than 90 days after the date of enactment of 

this Act, the Secretary of Homeland Security shall transmit 

to the appropriate committees of Congress a report on the 

following: 

(1) The average completion time of an appeal under 

the appeals process established under section 

70105(c)(4) of title 46, United States Code. 

(2) The most common reasons for any delays at 

each step in such process. 

(3) Recommendations on how to resolve any such 

delays as expeditiously as possible. 

SEC. 1816. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) STUDY TO IDENTIFY REDUNDANT BACKGROUND

RECORDS CHECKS.—Section 105 of the Security and Accountability for Every Port Act of 2006 (Public Law 109– 

347; 120 Stat. 1891) and the item relating to that section 

in the table of contents for that Act are repealed. 

(b) DOMESTIC RADIATION DETECTION AND IMAGING.— 

Section 121 of the Security and Accountability for Every 

Port Act of 2006 (6 U.S.C. 921) is amended— 

(1) by striking subsections (c), (d), and (e); 
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(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 
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technical assistance, equipment, and training to facilitate the 

implementation of supply chain security measures at ports 

designated under the Container Security Initiative. 

‘‘(b) ACQUISITION AND TRAINING.—Unless otherwise 

prohibited by law, the Secretary may— 

‘‘(1) lease, loan, provide, or otherwise assist in the 

deployment of nonintrusive inspection and radiation detection equipment at foreign land and sea ports under 

such terms and conditions as the Secretary prescribes, 

including nonreimbursable loans or the transfer of ownership of equipment; and 

‘‘(2) provide training and technical assistance for 

domestic or foreign personnel responsible for operating 

or maintaining such equipment.’’. 

(2) TABLE OF CONTENTS.—The table of contents in 

section 1(b) of the Security and Accountability for Every 

Port Act of 2006 (Public Law 109–347; 120 Stat. 1884) 

is amended by amending the item relating to section 233 

to read as follows: 

‘‘Sec. 233. Inspection technology and training.’’. 

(f) PILOT PROGRAM TO IMPROVE THE SECURITY OF

EMPTY CONTAINERS.—Section 235 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 984) and 

the item relating to that section in the table of contents for 

that Act are repealed. 
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(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: 
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(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. 
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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 
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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. 
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‘‘(B) VACANCY.—The Deputy Administrator 

shall be Acting Administrator during the absence or 

incapacity of the Administrator or during a vacancy 

in the office of Administrator. 

‘‘(C) QUALIFICATIONS.—The Deputy Administrator must— 

‘‘(i) be a citizen of the United States; and 

‘‘(ii) have experience in a field directly related to transportation or security. 

‘‘(3) CHIEF COUNSEL.— 

‘‘(A) APPOINTMENT.—There is established in 

the Transportation Security Administration a Chief 

Counsel, who shall advise the Administrator and 

other senior officials on all legal matters relating to 

the responsibilities, functions, and management of 

the Transportation Security Administration. 

‘‘(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)— 
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(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’’; 
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(F) in subsection (o), by striking ‘‘Department 

of Transportation’’ and inserting ‘‘Department of 

Homeland Security’’; 

(G) in subsection (p)(4), by striking ‘‘Secretary 

of Transportation’’ and inserting ‘‘Secretary of 

Homeland Security’’; 

(H) in subsection (s)— 

(i) in paragraph (3)(B), by inserting ‘‘)’’ 

after ‘‘Act of 2007’’; and 

(ii) in paragraph (4)— 

(I) in the heading, by striking ‘‘SUBMISSIONS OF PLANS TO CONGRESS’’ and 

inserting ‘‘SUBMISSION OF PLANS’’; 

(II) by striking subparagraph (A); 

(III) by redesignating subparagraphs 

(B) through (E) as subparagraphs (A) 

through (D), respectively; 

(IV) in subparagraph (A), as redesignated— 

(aa) in the heading, by striking 

‘‘SUBSEQUENT VERSIONS’’ and inserting ‘‘IN GENERAL’’; and 

(bb) by striking ‘‘After December 31, 2015, the’’ and inserting 

‘‘The’’; and 
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(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 appro-
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priate 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 
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inserting ‘‘The Secretary of Homeland Security’’; and 

(II) by striking subparagraph (D). 

(2) CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE FOR PUBLIC AND PRIVATE STAKEHOLDERS.— 

Section 1203(b)(1)(B) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (49 

U.S.C. 114 note) is amended by striking ‘‘, under section 114(u)(7) of title 49, United States Code, as added 

by this section, or otherwise,’’. 

(c) EXECUTIVE SCHEDULE.— 

(1) ADMINISTRATOR OF THE TSA.— 

(A) POSITIONS AT LEVEL II.—Section 5313 of 

title 5, United States Code, is amended by inserting 

after the item relating to the Under Secretary of 

Homeland Security for Management the following: 

‘‘Administrator of the Transportation Security Administration.’’. 

(B) BONUS ELIGIBILITY.—Section 101(c)(2) of 

the Aviation and Transportation Security Act (5 

U.S.C. 5313 note) is amended— 

(i) by striking ‘‘Under Secretary’’ and inserting ‘‘Administrator of the Transportation 

Security Administration’’; 
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(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 Transpor-
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tation 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; 
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‘‘(ii) reviewing and prioritizing projects 

for appropriated surface transportation security grants; 

‘‘(iii) operator compliance with surface 

transportation security law, including regulations, and voluntary industry standards; and 

‘‘(iv) workforce training and development 

programs, and other specialized programs designed to secure surface transportation. 

‘‘(C) Transportation industry engagement and 

planning, including the development, interpretation, 

promotion, and oversight of a unified effort regarding risk-based, risk-reducing security policies and 

plans (including strategic planning for future contingencies and security challenges) between government and transportation stakeholders, including airports, domestic and international airlines, general 

aviation, air cargo, mass transit and passenger rail, 

freight rail, pipeline, highway and motor carriers, 

and maritime. 

‘‘(D) International strategy and operations, including agency efforts to work with international 

partners to secure the global transportation network. 
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‘‘(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 implementa-
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tion of strategies within the agency to achieve congressional approval or authorization of agency programs and policies. 

‘‘(3) NOTIFICATION.—The Administrator shall submit to the appropriate committees of Congress— 

‘‘(A) not later than 180 days after the date of 

enactment of the TSA Modernization Act, a list of 

the names of the individuals appointed under paragraph (1); and 

‘‘(B) an update of the list not later than 5 

days after any new individual is appointed under 

paragraph (1).’’. 

SEC. 1906. TRANSPORTATION SECURITY ADMINISTRATION EFFICIENCY. 

(a) EFFICIENCY REVIEW.— 

(1) IN GENERAL.—Not later than 270 days after 

the date of enactment of this Act, the 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: 
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(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. 
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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 
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Transportation Security Administration, subject to all restrictions and earning limitations 

imposed on criminal investigators receiving 

such pay under section 5545a, including the 

premium pay limitations under section 5547;’’. 

(b) EFFECTIVE DATE; APPLICABILITY.— 

(1) IN GENERAL.—Subject to paragraph (2), this 

section, and the amendments made by this section, shall 

take effect on the first day of the first pay period commencing on or after the date of enactment of this section. 

(2) RETROACTIVE APPLICATION.— 

(A) IN GENERAL.—Any availability pay received for any pay period commencing before the 

date of enactment of this Act by a Federal air marshal or criminal investigator employed by the 

Transportation Security Administration shall be 

deemed basic pay under section 8331(3) of title 5, 

United States Code, if the Transportation Security 

Administration treated such pay as retirement-creditable basic pay, but the Office of Personnel Management, based on an interpretation of section 

8331(3) of title 5, United States Code, did not accept such pay as retirement-creditable basic pay. 
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(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; 
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‘‘(ii) the term ‘senior executive’ means a 

Transportation Security Administration executive serving on a Transportation Security Executive Service appointment; 

‘‘(iii) the term ‘career appointee’ means a 

Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment; and 

‘‘(iv) The term ‘senior career employee’ 

means a Transportation Security Administration employee covered by the Transportation 

Security Administration Core Compensation 

System at the L or M pay band; 

‘‘(B) receipt by a career appointee or a senior 

career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the 

individual to a lump-sum payment of an amount 

equal to 20 percent of annual basic pay, which shall 

be in addition to the basic pay paid under the applicable Transportation Security Administration pay 

system; and 

‘‘(C) receipt by a career appointee or a senior 

career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles 

the individual to a lump-sum payment of an amount 
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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 
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screening technology to obtain testing and verification, including as an alternative to the TSA’s test and evaluation 

process, by an appropriate third party, of such technology before procurement or deployment. 

(b) DETECTION TESTING.— 

(1) IN GENERAL.—The third party testing and 

verification program authorized under subsection (a) 

shall include detection testing to evaluate the performance of the security screening technology system regarding the probability of detection, the probability of false 

alarm, and such other indicators that the system is able 

to meet the TSA’s mission needs. 

(2) RESULTS.—The results of the third party detection testing under paragraph (1) shall be considered 

final if the results are approved by the Administration 

in accordance with approval standards developed by the 

Administrator. 

(3) COORDINATION WITH FINAL TESTING.—To the 

extent practicable, but without compromising the integrity of the TSA test and evaluation process, the Administrator shall coordinate the third party detection testing 

under paragraph (1) with any subsequent, final Federal 

Government testing. 

(4) INTERNATIONAL STANDARDS.—To the extent 

practicable and permissible under law and considering 
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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; 
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(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 
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security technology manufacturers whenever possible as an alternative to the TSA Systems Integration Facility. 

(g) APPROPRIATE THIRD PARTIES.— 

(1) CITIZENSHIP REQUIREMENT.—An appropriate 

third party under subsection (a) shall be— 

(A) if an individual, a citizen of the United 

States; or 

(B) if an entity, owned and controlled by a citizen of the United States. 

(2) WAIVER.—The Administrator may waive the requirement under paragraph (1)(B) if the entity is a 

United States subsidiary of a parent company that has 

implemented a foreign ownership, control, or influence 

mitigation plan that has been approved by the Defense 

Security Service of the Department of Defense before 

applying to provide third party testing. The Administrator may reject any application to provide third party 

testing under subsection (a) submitted by an entity that 

requires a waiver under this paragraph. 

(3) CONFLICTS OF INTEREST.—The Administrator 

shall ensure, to the extent possible, that an entity providing third party testing under this section does not 

have a contractual, business, or other pecuniary interest 

(exclusive of any such testing) in— 
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(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. 
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(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; 
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(2) test the technologies described in subsection (a) 

to support identified mission needs of the TSA and to 

meet requirements for acquisitions and procurement; 

(3) to the extent practicable, provide original equipment manufacturers with test plans to minimize requirement interpretation disputes and adhere to provided test 

plans; 

(4) collaborate with other technical laboratories and 

facilities for purposes of augmenting the capabilities of 

the TSIF; 

(5) deliver advanced transportation security screening technologies that enhance the overall security of domestic transportation systems; and 

(6) to the extent practicable, provide funding and 

promote efforts to enable participation by a small business concern (as the term is described under section 3 

of the Small Business Act (15 U.S.C. 632)) that— 

(A) has an advanced technology or capability; 

but 

(B) does not have adequate resources to participate in testing and evaluation processes. 

(c) STAFFING AND RESOURCE ALLOCATION.—The Administrator shall ensure adequate staffing and resource allocations for the TSIF in a manner that— 
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(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 
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the owner of an advanced transportation security screening technology— 

(A) after installation, delivers the technology to 

the TSA for testing and evaluation; and 

(B) submits to the Administrator, in such form 

and manner as the Administrator prescribes, a 

signed notification of the delivery described in subparagraph (A). 

(e) RETESTING AND EVALUATION.—Advanced transportation security screening technology that fails testing and 

evaluation by the TSIF may be retested and evaluated at the 

discretion of the Administrator. 

(f) RULE OF CONSTRUCTION.—Nothing in this section 

may be construed to affect the authority or responsibility of 

an officer of the Department, or an officer of any other Federal department or agency, with respect to research, development, testing, and evaluation of technologies, including such 

authorities or responsibilities of the Undersecretary for 

Science and Technology of the Department and Assistant 

Secretary of the Countering Weapons of Mass Destruction 

Office of the Department. 
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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, in-
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novative 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. 
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‘‘(c) FEASIBILITY ASSESSMENT.—In conducting the feasibility assessment under subsection (b)(5), the Administrator 

shall consider the following: 

‘‘(1) Establishing an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and 

exempt from tax under section 501(a) of such Code as 

a venture capital partnership between the private sector 

and the intelligence community to help businesses, particularly small business innovators, commercialize innovative security-related technologies. 

‘‘(2) Enhanced engagement through the Science 

and Technology Directorate of the Department of Homeland Security. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section 

may be construed as requiring changes to the Transportation 

Security Administration standards for security technology. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘intelligence community’ has the meaning 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). 
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‘‘(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.’’. 
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SEC. 1914. RECIPROCAL RECOGNITION OF SECURITY STANDARDS. 

(a) IN GENERAL.—The Administrator, in coordination 

with appropriate international aviation security authorities, 

shall develop a validation process for the reciprocal recognition of security equipment technology approvals among international security partners or recognized certification authorities for deployment. 

(b) REQUIREMENT.—The validation process shall ensure 

that the certification by each participating international security partner or recognized certification authority complies 

with detection, qualification, and information security, including cybersecurity, standards of the TSA, the Department of 

Homeland Security, and the National Institute of Standards 

and Technology. 

SEC. 1915. TRANSPORTATION SECURITY LABORATORY. 

(a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary, in consultation with 

the Administrator and the Undersecretary for Science and 

Technology— 

(1) shall conduct a review to determine whether the 

TSA is the most appropriate component within the Department to administer the Transportation Security 

Laboratory; and 

(2) may direct the TSA to administer the Transportation Security Laboratory if the review under para-
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graph (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 
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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 
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highlight and discuss best practices on innovative security operations and technology evaluation and deployment; and 

(3) submit to the appropriate committees of Congress an annual report on the effectiveness of key performance data from task force-sponsored projects and 

checkpoint enhancements. 

(c) COMPOSITION.— 

(1) APPOINTMENT.—The Administrator, in consultation with the Chairperson of ASAC shall appoint 

the members of the task force. 

(2) CHAIRPERSON.—The task force shall be chaired 

by the Administrator’s designee. 

(3) REPRESENTATION.—The task force shall be 

comprised of representatives of— 

(A) the relevant offices of the TSA; 

(B) if considered appropriate by the Administrator, the Science and Technology Directorate of 

the Department of Homeland Security; 

(C) any other component of the Department of 

Homeland Security that the Administrator considers appropriate; and 

(D) such industry representatives as the Administrator considers appropriate. 
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(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: 
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‘‘(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 equip-
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ment specified by the manufacturer of the equipment; and 

‘‘(D) to the extent practicable, a classified addendum to report sensitive transportation security 

risks and associated capability gaps that would be 

best addressed by security-related technology described in subparagraph (A).’’. 

‘‘(i) NOTICE OF COVERED CHANGES TO PLAN.— 

‘‘(1) NOTICE REQUIRED.—The Administrator shall 

submit to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on 

Homeland Security of the House of Representatives notice of any covered change to the Plan not later than 90 

days after the date that the covered change is made. 

‘‘(2) DEFINITION OF COVERED CHANGE.—In this 

subsection, the term ‘covered change’ means— 

‘‘(A) an increase or decrease in the dollar 

amount allocated to the procurement of a technology; or 

‘‘(B) an increase or decrease in the number of 

a technology.’’. 

SEC. 1918. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY. 

(a) IN GENERAL.—Title XVI of the Homeland Security 

Act of 2002 (6 U.S.C. 561 et seq.), as amended by section 
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1913 of this Act, is further amended by adding at the end 

the following: 

‘‘Subtitle C—Maintenance of Securityrelated 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: 
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‘‘(1) Provision of monthly preventative maintenance 

schedules to appropriate Administration personnel at 

each airport that includes information on each action to 

be completed by contractor. 

‘‘(2) Notification to appropriate Administration personnel at each airport when maintenance action is completed by a contractor. 

‘‘(3) A process for independent validation by a third 

party of contractor maintenance. 

‘‘(d) PENALTIES FOR NONCOMPLIANCE.—The Administrator shall require maintenance for any contracts entered 

into 60 days after the date of enactment of the TSA Modernization Act or later for security-related technology deployed to airports to include penalties for noncompliance 

when it is determined that either preventive or corrective 

maintenance has not been completed according to contractual 

requirements and manufacturers’ specifications.’’. 

(b) TABLE OF CONTENTS.—The table of contents of the 

Homeland Security Act of 2002, as amended by section 1913 

of this Act, is further amended by inserting after the item 

relating to section 1617 the following: 

‘‘Subtitle C—Maintenance of Security-related Technology 

‘‘1621. Maintenance validation and oversight.’’. 
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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 miti-
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gate 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; 
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(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 
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(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. 
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SEC. 1920. PILOT PROGRAM FOR AUTOMATED EXIT LANE TECHNOLOGY. 

(a) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Administrator shall establish a 

pilot program to implement and evaluate the use of automated exit lane technology at small hub airports and nonhub 

airports (as those terms are defined in section 40102 of title 

49, United States Code). 

(b) PARTNERSHIP.—The Administrator shall carry out 

the pilot program in partnership with the applicable airport 

directors. 

(c) COST SHARE.—The Federal share of the cost of the 

pilot program under this section shall not exceed 85 percent 

of the total cost of the program. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the pilot program 

under this section $15,000,000 for each of fiscal years 2019 

through 2021. 

(e) GAO REPORT.—Not later than 2 years after the 

date the pilot program is implemented, the Comptroller General of the United States shall submit to the appropriate 

committees of Congress a report on the pilot program, including— 

(1) the extent of airport participation in the pilot 

program and how the program was implemented; 
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(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. 
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(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; 
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(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 De-
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partment 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; 
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(2) streamline the overall technology development, 

testing, evaluation, acquisitions, procurement, and deployment processes of the Administration; and 

(3) ensure the effectiveness and efficiency of such 

processes. 

(d) ASSESSMENT.—The Secretary, in consultation with 

the Chief Privacy Officer of the Department, shall submit to 

the appropriate committees of Congress a compliance assessment of the TSA acquisition process relating to the health 

and safety risks associated with implementation of screening 

technologies. 

(e) PERFORMANCE OBJECTIVES.—The Administrator 

shall establish performance objectives for the testing and 

verification of security technology, including testing and 

verification conducted by appropriate third parties under section 1911, to ensure that progress is made, at a minimum, 

toward— 

(1) reducing time for each phase of testing while 

maintaining security (including testing for detection testing, operational testing, testing and verification framework, and field testing); 

(2) eliminating testing and verification delays; and 

(3) increasing accountability. 

(f) TRACKING.— 
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(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 
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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 
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computed tomography technology to screen baggage at passenger screening checkpoints at airports. 

(b) FEASIBILITY STUDY.— 

(1) IN GENERAL.—Not later than 120 days after 

the date of enactment of this Act, the Administrator, in 

coordination with the Under Secretary for Science and 

Technology of the Department, shall submit to the appropriate committees of Congress a feasibility study regarding expanding the use of computed tomography 

technology for the screening of air cargo transported on 

passenger aircraft operated by an air carrier or foreign 

air carrier in air transportation, interstate air transportation, or interstate air commerce. 

(2) CONSIDERATIONS.—In conducting the feasibility 

study under paragraph (1), the Administrator shall consider the following: 

(A) Opportunities to leverage computed tomography systems used for screening passengers and 

baggage. 

(B) Costs and benefits of using computed tomography technology for screening air cargo. 

(C) An analysis of emerging computed tomography systems that may have potential to enhance 

the screening of air cargo, including systems that 
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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. 
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(3) FOREIGN AIR CARRIER.—The term ‘‘foreign air 

carrier’’ has the meaning given the term in section 

40102 of title 49, United States Code. 

(4) INTERSTATE AIR COMMERCE.—The term ‘‘interstate air commerce’’ has the meaning given the term in 

section 40102 of title 49, United States Code. 

(5) INTERSTATE AIR TRANSPORTATION.—The term 

‘‘interstate air transportation’’ has the meaning given 

the term in section 40102 of title 49, United States 

Code. 

Subtitle C—Public Area Security 

SEC. 1926. DEFINITIONS. 

In this subtitle: 

(1) BEHAVIORAL STANDARDS.—The term ‘‘behavioral standards’’ means standards for the evaluation of 

explosives detection working canines for certain factors, 

including canine temperament, work drive, suitability for 

training, environmental factors used in evaluations, and 

canine familiarity with natural or man-made surfaces or 

working conditions relevant to the canine’s expected 

work area. 

(2) MEDICAL STANDARDS.—The term ‘‘medical 

standards’’ means standards for the evaluation of explosives detection working canines for certain factors, including canine health, management of heredity health 
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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. 
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(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-Fed-
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eral stakeholders to facilitate expanded the domestic canine 

breeding capacity described in subsection (a), based on such 

recommendations. 

(f) CONSULTATION.—In developing the strategy under 

subsection (e), the Administrator shall consult with the 

Under Secretary for Science and Technology of the Department, the Commissioner for U.S. Customs and Border Protection, the Director of the United States Secret Service, and 

the heads of such other Federal departments or agencies as 

the Administrator considers appropriate to incorporate, to the 

extent practicable, mission needs across the Department for 

an expanded non-Federal domestic explosives detection canine 

breeding capacity that can be leveraged to help meet the Department’s operational needs. 

(g) TERMINATION.—The working group established 

under subsection (a) shall terminate on the date that the 

strategy is submitted under subsection (e), unless the Administrator extends the termination date for the purposes of section 1928. 

(h) NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the working group established 

under this Act. 
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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 
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(C) such transportation stakeholders, canine 

providers, law enforcement, privacy groups, and 

transportation security providers as the Administrator considers relevant. 

(c) AGREEMENT.—Subject to subsections (d), (e), and 

(f), not later than 270 days after the issuance of standards 

under subsection (a), the Administrator shall, to the extent 

possible, enter into an agreement with at least 1 third party 

to test and certify the capabilities of canines in accordance 

with the standards under subsection (a). 

(d) EXPEDITED DEPLOYMENT.—In entering into an 

agreement under subsection (c), the Administrator shall 

use— 

(1) the other transaction authority under section 

114(m) of title 49, United States Code; or 

(2) such other authority of the Administrator as the 

Administrator considers appropriate to expedite the deployment of additional canine teams. 

(e) PROCESS.—Before entering into an agreement under 

subsection (c), the Administrator shall— 

(1) evaluate and verify the third party’s ability to 

effectively evaluate the capabilities of canines; 

(2) designate key elements required for appropriate 

evaluation venues where third parties may conduct testing; and 
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(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. 
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(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 
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provisions of this paragraph, an applicable 

large hub airport may provide a certified canine described in subparagraph (A) on an inkind 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. 
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(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, 
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and validation or certification of public and private canine assets utilized or funded by the TSA to facilitate improved review, data analysis, and record keeping of canine testing performance and program administration. 

SEC. 1930. VIPR TEAM STATISTICS. 

(a) VIPR TEAM STATISTICS.— 

(1) IN GENERAL.—Not later than 90 days after the 

date of enactment of this Act, and annually thereafter, 

the Administrator shall notify the appropriate committees of Congress of the number of VIPR teams available 

for deployment at transportation facilities, including— 

(A) the number of VIPR team operations that 

include explosive detection canine teams; and 

(B) the distribution of VIPR team operations 

deployed across different modes of transportation. 

(2) ANNEX.—The notification under paragraph (1) 

may contain a classified annex. 

(3) DEFINITION OF VIPR TEAM.—In this subsection, 

the term ‘‘VIPR’’ means a Visible Intermodal Prevention 

and Response team authorized under section 1303 of the 

National Transit Systems Security Act of 2007 (6 

U.S.C. 1112). 

(b) AUTHORIZATION OF VIPR TEAMS.—Section 1303(b) 

of the National Transit Systems Security Act of 2007 (6 

U.S.C. 1112(b)) is amended by striking ‘‘to the extent appro-
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priated, 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 
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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 pa-
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trols, worker vetting, and suspicious activity reporting. 

(D) Infrastructure protection through effective 

construction design barriers and installation of advanced surveillance and other security technologies. 

(2) ANNUAL REPORT.— 

(A) IN GENERAL.—Not later than 1 year after 

the date the working group is established under 

paragraph (1), the Administrator shall submit to 

the appropriate committee of Congress a report, 

covering the 12-month period preceding the date of 

the report, on— 

(i) the organization of the working group; 

(ii) the activities of the working group; 

(iii) the participation of the TSA and public and private stakeholders in the activities of 

the working group; 

(iv) the findings of the working group, including any recommendations. 

(B) PUBLICATION.—The Administrator may 

publish a public version of such report that describes the activities of the working group and such 

related matters as would be informative to the public, consistent with section 552(b) of title 5, United 

States Code. 
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(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.— 
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(1) IN GENERAL.—Not later than 1 year after the 

date of enactment of this Act, the Administrator shall— 

(A) review of regulations, directives, policies, 

and procedures issued by the Administrator regarding the transportation of a firearm and ammunition; and 

(B) submit to the appropriate committees of 

Congress a report on the findings of the review 

under subparagraph (A), including, as appropriate, 

information on any plans to modify any regulation, 

directive, policy, or procedure based on the review. 

(2) CONSULTATION.—In preparing the report under 

paragraph (1), the Administrator shall consult with— 

(A) ASAC; 

(B) the Surface Transportation Security Advisory Committee under section 404 of the Homeland 

Security Act of 2002; and 

(C) appropriate public and private stakeholders. 

SEC. 1932. PUBLIC AREA BEST PRACTICES. 

(a) IN GENERAL.—The Administrator shall, in accordance with law and as received or developed, periodically submit information, on any best practices developed by the TSA 

or appropriate transportation stakeholders related to pro-
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tecting 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 
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(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 
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and limousine companies, ridesharing companies, cleaning 

companies, gas station attendants, cargo operators, and general aviation members. 

SEC. 1933. AIRPORT WORKER ACCESS CONTROLS COST AND 

FEASIBILITY STUDY. 

(a) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Administrator, in consultation 

with ASAC, shall submit to the Comptroller General of the 

United States and the appropriate committees of Congress a 

study examining the shared cost and feasibility to airports, 

airlines, and the TSA of implementing enhanced employee inspection measures at all access points between non-secured 

areas and secured areas at a statistically significant number 

of Category I, II, III, IV, and X airports. 

(b) ASSESSMENT.—To the extent practicable, in conducting the study, the Administrator shall assess the cost, 

operational efficiency, and security effectiveness of requiring 

all employees to present for inspection at every access point 

between non-secured areas and secured areas of airports, and 

of deploying some or all of the following screening measures 

and technologies: 

(1) A secure door utilizing card and pin entry or biometric technology. 

(2) Surveillance video recording capable of storing 

video data for at least 30 days. 
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(3) Advanced screening technologies, including at 

least 1 of the following: 

(A) Magnetometer (walk-through or handheld). 

(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. 
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(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 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 
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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 
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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 avia-
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tion workers are targeted, strategic, and focused on providing 

the greatest level of security effectiveness. 

(h) COVERT TESTING.— 

(1) IN GENERAL.—Consistent with the FAA Extension, Safety, and Security Act of 2016 (Public Law 114– 

190; 130 Stat. 615), the Administrator shall continue to 

conduct covert testing of TSA-led employee inspection 

operations at airports and measure existing levels of security effectiveness. 

(2) REQUIREMENTS.—The Administrator shall provide— 

(A) the results of such testing to— 

(i) the airport operator for the airport 

that is the subject of any such testing; and 

(ii) as appropriate, to air carriers and foreign air carriers that operate at the airport 

that is the subject of such testing; and 

(B) recommendations and technical assistance 

for air carriers, foreign air carriers, and airport operators to conduct their own employee inspections, 

as needed. 

(3) ANNUAL REPORTING.—The Administrator shall 

for each of fiscal years 2019 through 2021, submit to 

the appropriate committees of Congress a report on the 
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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 
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to correct the record and have the individual’s name 

expunged from the database. 

(2) LIMITATION.—The database shall not include 

the name of any individual whose badge has been revoked as a result of a termination or cessation of employment unrelated to— 

(A) a violation of a security requirement; or 

(B) a determination that the individual poses 

a threat to aviation security. 

SEC. 1935. LAW ENFORCEMENT OFFICER REIMBURSEMENT 

PROGRAM. 

(a) IN GENERAL.—In accordance with section 

44903(c)(1) of title 49, United States Code, the Administrator shall increase the number of awards, and the total 

funding amount of each award, under the Law Enforcement 

Officer Reimbursement Program— 

(1) to increase the presence of law enforcement officers in the public areas of airports, including baggage 

claim, ticket counters, and nearby roads; 

(2) to increase the presence of law enforcement officers at screening checkpoints; 

(3) to reduce the response times of law enforcement 

officers during security incidents; and 

(4) to provide visible deterrents to potential terrorists. 
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(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 
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(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 
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(D) consider the unique geography of and current best practices used by airports to mitigate potential vulnerabilities. 

(3) REPORT.—The Administrator shall report the 

results of the TSSRA and Risk Assessment of Airport 

Security under paragraph (1) to— 

(A) the appropriate committees of Congress; 

(B) relevant Federal departments and agencies; and 

(C) airport operators. 

(b) AIRPORT SECURITY STRATEGY DEVELOPMENT.— 

(1) IN GENERAL.—Not later than 90 days after the 

date of enactment of this Act, the Administrator shall 

update the 2012 National Strategy for Airport Perimeter and Access Control Security (referred to in this section as the ‘‘National Strategy’’). 

(2) CONTENTS.—The update to the National Strategy shall include— 

(A) information from the Risk Assessment of 

Airport Security; and 

(B) information on— 

(i) airport security-related activities; 

(ii) the status of TSA efforts to address 

the objectives of the National Strategy; 
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(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: 

‘‘§ 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 Admin-
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istrator shall enter into an agreement, using other transaction authority under section 114(m) of this title, with at 

least 2 private sector entities to increase the methods and capabilities available for the public to enroll in the PreCheck 

Program. 

‘‘(c) MINIMUM CAPABILITY REQUIREMENTS.—At least 1 

agreement under subsection (b) shall include the following capabilities: 

‘‘(1) Start-to-finish secure online or mobile enrollment capability. 

‘‘(2) Vetting of an applicant by means other than 

biometrics, such as a risk assessment, if— 

‘‘(A) such means— 

‘‘(i) are evaluated and certified by the 

Secretary of Homeland Security; 

‘‘(ii) meet the definition of a qualified 

anti-terrorism technology under section 865 of 

the Homeland Security Act of 2002 (6 U.S.C. 

444); and 

‘‘(iii) are determined by the Administrator 

to provide a risk assessment that is as effective 

as a fingerprint-based criminal history records 

check conducted through the Federal Bureau 

of Investigation with respect to identifying individuals who are not qualified to participate in 
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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 
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‘‘(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— 
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‘‘(1) coordinate with the heads of appropriate components of the Department to leverage Department-held 

data and technologies to verify the identity and citizenship of individuals enrolling in the PreCheck Program; 

‘‘(2) partner with the private sector to use biometrics and authentication standards, such as relevant 

standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and 

‘‘(3) consider leveraging the existing resources and 

abilities of airports to collect fingerprints for use in 

background checks to expedite identity verification. 

‘‘(h) PRECHECK PROGRAM LANES OPERATION.—The 

Administrator shall— 

‘‘(1) ensure that PreCheck Program screening lanes 

are open and available during peak and high-volume 

travel times at appropriate airports to individuals enrolled in the PreCheck Program; and 

‘‘(2) make every practicable effort to provide expedited screening at standard screening lanes during times 

when PreCheck Program screening lanes are closed to 

individuals enrolled in the program in order to maintain 

operational efficiency. 

‘‘(i) ELIGIBILITY OF MEMBERS OF THE ARMED FORCES

FOR EXPEDITED SECURITY SCREENING.— 
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‘‘(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 
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identify any security vulnerabilities in the vetting process for 

the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history records checks, in addition to recurrent checks against the terrorist watchlist, could be done 

in a cost-effective manner to strengthen the security of the 

PreCheck Program. 

‘‘(k) ASSURANCE OF SEPARATE PROGRAM.—In carrying 

out this section, the Administrator shall ensure that the additional private sector application capabilities under subsections 

(b), (c), and (d) are undertaken in addition to any other related TSA program, initiative, or procurement, including the 

Universal Enrollment Services program. 

‘‘(l) EXPENDITURE OF FUNDS.—Any Federal funds expended by the Administrator to expand PreCheck Program 

enrollment shall be expended in a manner that includes the 

requirements of this section.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) REPEAL.—Subtitle A of title III of the FAA 

Extension, Safety, and Security Act of 2016 (49 U.S.C. 

44901 note) and the items relating to that subtitle in 

the table of contents of that Act are repealed. 

(2) TABLE OF CONTENTS.—The table of contents of 

chapter 449 is amended by amending the item relating 

to section 44919 to read as follows: 

‘‘44919. PreCheck Program.’’. 
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(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 
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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). 
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(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 
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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. 
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(g) BRIEFINGS.— 

(1) IN GENERAL.—The Administrator shall brief, 

on a biannual basis, the appropriate committees of Congress on the implementation of subsections (a) until the 

Administrator certifies that only travelers who are members of trusted traveler programs specified in subsection 

(b) are permitted to use TSA PreCheck security screening lanes at passenger screening checkpoints. 

(2) CERTIFICATION.—Upon a determination by the 

Administrator that only travelers who are members of a 

trusted traveler program specified in subsection (b) are 

permitted to use TSA PreCheck security screening lanes 

at checkpoints in accordance with subsection (a), the Administrator shall submit to the appropriate committees 

of Congress a written certification relating to such determination. 

(h) INSPECTOR GENERAL ASSESSMENTS.—The Inspector General of the Department shall assess and transmit to 

the appropriate committees of Congress the Administrator’s 

implementation under subsection (a). 

(i) EXPANSION OF TSA PRECHECK PROGRAM ENROLLMENT.— 

(1) LONG-TERM STRATEGY.—Not later than 180 

days after the date of enactment of this Act, the Administrator shall develop and begin the implementation a 
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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. 
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(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; 
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(ii) families consisting of 5 or more immediate family members; 

(iii) private sector entities, including small 

businesses, to establish PreCheck Program enrollment centers in their respective facilities; 

and 

(iv) private sector entities, including small 

business concerns (as the term is described in 

section 3 of the Small Business Act (15 U.S.C. 

632)), to reimburse an employee for the cost of 

the PreCheck Program application. 

SEC. 1939. TRUSTED TRAVELER PROGRAMS; COLLABORATION. 

Not later than 180 days after the date of enactment of 

this Act, the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection, shall— 

(1) review each trusted traveler program administered by U.S. Customs and Border Protection and the 

PreCheck Program; 

(2) identify any improvements that can be made to 

such programs— 

(A) to streamline and integrate the requirements and operations of such programs to reduce 

administrative burdens, including applications for 

inclusion and determining whether a valid credential 

can satisfy the requirements for another credential; 
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(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 collec-
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tions to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended.’’. 

SEC. 1941. THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY. 

Section 1307 of the Implementing Recommendations of 

the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is amended by adding at the end the following: 

‘‘(h) THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY.— 

‘‘(1) IN GENERAL.—In order to enhance the screening of air cargo and ensure that third party explosives 

detection canine assets are leveraged for such purpose, 

the Administrator shall, not later than 180 days after 

the date of enactment of the TSA Modernization Act— 

‘‘(A) develop and issue standards for the use of 

such third party explosives detection canine assets 

for the primary screening of air cargo; 

‘‘(B) develop a process to identify qualified 

non-Federal entities that will certify canine assets 

that meet the standards established by the Administrator under subparagraph (A); 

‘‘(C) ensure that entities qualified to certify canine assets shall be independent from entities that 
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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: 
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‘‘(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. 
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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: 

‘‘§ 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— 
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(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; 
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(2) review the pilot program conducted under section 1925; 

(3) assess the effectiveness of the Department’s 

risk-based strategy for examining air cargo and ensuring 

compliance with air cargo security law, including regulations; and 

(4) review the Department’s information sharing 

procedures and practices for disseminating information 

to relevant stakeholders on preventing, mitigating, and 

responding to air cargo related threats. 

SEC. 1946. SCREENING PARTNERSHIP PROGRAM UPDATES. 

(a) SECURITY SCREENING OPT-OUT PROGRAM.—Section 

44920 is amended— 

(1) in the heading by striking ‘‘Security screening opt-out program’’ and inserting ‘‘Screening 

partnership program’’; 

(2) by amending subsection (a) to read as follows: 

‘‘(a) IN GENERAL.—An airport operator may submit to 

the Administrator of the Transportation Security Administration an application to carry out the screening of passengers 

and property at the airport under section 44901 by personnel 

of a qualified private screening company pursuant to a contract entered into with the Transportation Security Administration.’’; 

(3) in subsection (b)— 
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(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: 
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‘‘(2) CONTRACTS.—The Administrator shall, to the 

extent practicable, enter into a contract with a private 

screening company from the list provided under paragraph (1) for the provision of screening at the airport 

not later than 120 days after the date of approval of an 

application submitted by the airport operator under subsection (a) if—’’; and 

(D) in paragraph (2), as redesignated— 

(i) in subparagraph (A), by striking ‘‘; 

and’’ and inserting a semicolon; 

(ii) in subparagraph (B)— 

(I) by striking ‘‘Under Secretary’’ 

and inserting ‘‘Administrator’’; and 

(II) by striking the period at the end 

and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) the selected qualified private screening 

company offered contract price is equal to or less 

than the cost to the Federal Government to provide 

screening services at the airport.’’; and 

(E) in paragraph (3), as redesignated— 

(i) by striking ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph (2)(B)’’; and 

(ii) by striking ‘‘Under Secretary’’ each 

place it appears and inserting ‘‘Administrator’’; 
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(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.— 
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‘‘(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 
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the appropriate committees of Congress an assessment 

of the feasibility of modifying the Screening Partnership 

Program to allow an individual airport terminal to participate in the Screening Partnership Program. 

(2) CONSIDERATIONS.—In conducting the assessment under paragraph (1), the Administrator shall consider— 

(A) potential benefits and costs, including with 

respect to the efficacy of security operations, of 

such an approach; 

(B) potential impacts on security operations; 

and 

(C) potential impacts on recruitment, hiring, 

and retention. 

(c) APPLICATIONS SUBMITTED BEFORE THE DATE OF

ENACTMENT.—Not later than 30 days after the date of enactment of this Act, the Administrator shall approve or deny, 

in accordance with section 44920(b) of title 49, United States 

Code, as amended by this Act, each application submitted before the date of enactment of this Act, by an airport operator 

under subsection (a) of that section, that is awaiting such a 

determination. 
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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 COMPUTERBASED TRAINING FACILITIES.—’’ and inserting ‘‘(k) AC-
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CESSIBILITY OF COMPUTER-BASED TRAINING FACILITIES.—’’; and 

(2) by adding at the end the following: 

‘‘(l) INITIAL AND RECURRING TRAINING.— 

‘‘(1) IN GENERAL.—The Administrator shall establish a training program for new security screening personnel located at the Transportation Security Administration Academy. 

‘‘(2) RECURRING TRAINING.— 

‘‘(A) IN GENERAL.—Not later than 180 days 

after the date of enactment of the TSA Modernization Act, the Administrator shall establish recurring 

training for security screening personnel regarding 

updates to screening procedures and technologies, 

including, in response to weaknesses identified in 

covert tests at airports— 

‘‘(i) methods to identify the verification of 

false or fraudulent travel documents; and 

‘‘(ii) training on emerging threats. 

‘‘(B) CONTENTS.—The training under subparagraph (A) shall include— 

‘‘(i) internal controls for monitoring and 

documenting compliance of transportation security officers with such training requirements; 

and 
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‘‘(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 pas-
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senger 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.— 
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(1) RULE REVIEW.—Not later than 60 days after 

the date of enactment of this Act, and every 120 days 

thereafter, the Assistant Administrator of the Office of 

Intelligence and Analysis of the TSA, in coordination 

with the entities specified in paragraph (3), shall identify 

and review the screening rules established by the Office 

of Intelligence and Analysis of TSA. 

(2) NOTIFICATION PROCESS.—Not later than 2 

days after the date that any change to a rule identified 

under paragraph (1) is made, the Assistant Administrator of the Office of Intelligence and Analysis of the 

TSA shall notify the entities specified in paragraph (3) 

of the change. 

(3) ENTITIES SPECIFIED.—The entities specified in 

this paragraph are as follows: 

(A) The Office of Civil Rights and Liberties, 

Ombudsman, and Traveler Engagement of the 

TSA. 

(B) The Office of Civil Rights and Liberties of 

the Department. 

(C) The Office of Chief Counsel of the TSA. 

(D) The Office of General Counsel of the Department. 

(E) The Privacy Office of the Administration. 

(F) The Privacy Office of the Department. 
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(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 
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(2) submit to the appropriate committees of Congress a report on the findings under paragraph (1), including any recommendations. 

SEC. 1950. IMPROVEMENTS FOR SCREENING OF PASSENGERS 

WITH DISABILITIES. 

(a) REVISED TRAINING.— 

(1) IN GENERAL.—Not later than 180 days after 

the date of enactment of this Act, the Administrator, in 

consultation with nationally-recognized veterans and disability organizations, shall revise the training requirements for Transportation Security Officers related to the 

screening of passengers with disabilities, including passengers with disabilities who participate in the PreCheck 

program. 

(2) TRAINING SPECIFICATIONS.—In revising the 

training requirements under paragraph (1), the Administrator shall address the proper screening, and any particular sensitivities related to the screening, of a passenger with a disability— 

(A) traveling with a medical device, including 

an indwelling medical device; 

(B) traveling with a prosthetic; 

(C) traveling with a wheelchair, walker, scooter, or other mobility device; 

(D) traveling with a service animal; or 
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(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. 
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(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; 
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(2) under such program, require that such information be transmitted by such air carriers and other persons at the earliest point practicable prior to loading of 

such cargo onto an aircraft destined to or transiting 

through the United States; 

(3) establish appropriate communications systems 

with freight forwarders, shippers, and air carriers; 

(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 stake-
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holders, 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— 
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(1) consider the content and timeliness of the available data may vary among entities in the air cargo industry and among countries; 

(2) explore procedures to accommodate the variations described in paragraph (1) while maximizing the 

contribution of such data to the risk assessment process 

under the ACAS Program; 

(3) test the business processes, technologies, and 

operational procedures required to provide advance information with respect to cargo on aircraft departing for 

the United States and carry out related inspection of 

high-risk cargo, while ensuring delays and other negative 

impacts on vital supply chains are minimized; and 

(4) consider the cost, benefit, and feasibility before 

establishing any set time period for submission of certain 

elements of the data for air cargo under this section in 

line with the regulatory guidelines specified in Executive 

Order 13563 or any successor Executive order or regulation. 

(g) GUIDANCE.—The Commissioner of U.S. Customs 

and Border Protection and the Administrator shall provide 

guidance for participants in the ACAS Program regarding 

the requirements for participation, including requirements for 

transmitting shipment level data. 
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(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 
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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 sec-
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tion if the Federal Security Director determines such 

screening services are available. 

(4) AGREEMENTS.— 

(A) LIMITATION.—No screening services may 

be provided under this section unless a charter air 

carrier agrees in writing to compensate the TSA for 

all reasonable costs, including overtime, of providing 

the screening services. 

(B) PAYMENTS.—Notwithstanding section 

3302 of title 31, United States Code, payment received under subparagraph (A) shall be credited to 

the account that was used to cover the cost of providing the screening services. Amounts so credited 

shall be merged with amounts in that account, and 

shall be available for the same purposes, and subject to the same conditions and limitations, as other 

amounts in that account. 

(5) DEFINITIONS.—In this subsection: 

(A) APPLICABLE AIRPORT.—The term ‘‘applicable airport’’ means an airport that— 

(i) is not a commercial service airport; and 

(ii) is receiving screening services for 

scheduled passenger aircraft. 
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(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. 
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(3) Any other such recommendations relevant to the 

security of general aviation adopted before the date of 

the enactment of this Act. 

(e) DESIGNATED STAFFING.—The Administrator may 

designate 1 or more full-time employees of the TSA to liaise 

with, and respond to issues raised by, general aviation stakeholders. 

(f) SECURITY ENHANCEMENTS.—Not later than 1 year 

after the date of enactment of this Act, the Administrator, 

in consultation with the ASAC, shall submit to the appropriate committees of Congress a report on the feasibility of 

requiring a security threat assessment before an individual 

could obtain training from a private flight school to operate 

an aircraft having a maximum certificated takeoff weight of 

more than 12,500 pounds. 

Subtitle E—Foreign Airport Security 

SEC. 1953. LAST POINT OF DEPARTURE AIRPORTS; SECURITY 

DIRECTIVES. 

(a) NOTICE AND CONSULTATION.— 

(1) IN GENERAL.—The Administrator shall, to the 

maximum extent practicable, consult and notify the following stakeholders prior to making changes to security 

standards via security directives and emergency amendments for last points of departure: 
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(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— 
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(A) review current security directives, emergency amendments, and any other policies related to 

international aviation security at last point of departure airports; 

(B) review the extent of intra-agency and 

interagency coordination, stakeholder outreach, coordination, and feedback; and 

(C) review TSA’s process and criteria for, and 

implementation of, updating or revoking the policies 

described in subparagraph (A). 

(c) RESCREENING.—Subject to section 44901(d)(4)(c) of 

title 49, United States Code, upon discovery of specific threat 

intelligence, the Administrator shall immediately direct TSA 

personnel to rescreen passengers and baggage arriving from 

an airport outside the United States and identify enhanced 

measures that should be implemented at that airport. 

(d) NOTIFICATION TO CONGRESS.—Not later than 1 day 

after the date that the Administrator determines that a foreign air carrier is in violation of part 1546 of title 49, Code 

of Federal Regulations, or any other applicable security requirement, the Administrator shall notify the appropriate 

committees of Congress. 

(e) DECISIONS NOT SUBJECT TO JUDICIAL REVIEW.— 

Notwithstanding any other provision of law, any decision of 
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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: 

‘‘§ 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; 
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‘‘(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. 
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‘‘(3) An evacuation plan for sensitive technologies in 

case of emergency or instability in the country to which 

such donation is being made. 

‘‘(4) How the Administrator will ensure the security 

screening equipment that is being donated is used and 

maintained over the course of its life by the recipient. 

‘‘(5) The total dollar value of such donation. 

‘‘(6) How the appropriate officials will document 

and track any removal or disposal of the screening 

equipment by the recipient to ensure the screening 

equipment does not come into the possession of terrorists or otherwise pose a risk to security.’’; and 

(2) in the table of contents, by inserting after the 

item relating to section 44928 the following: 

‘‘44929. Donation of screening equipment to protect the United States.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 3204 of the Aviation Security Act of 2016 (49 U.S.C. 

44901 note) and the item relating to that section in the table 

of contents of that Act are repealed. 

(c) RAISING INTERNATIONAL STANDARDS.—Not later 

than 90 days after the date of enactment of this Act, the Administrator shall collaborate with other aviation authorities 

and the United States Ambassador or the Charge d’Affaires 

to the United States Mission to the International Civil Aviation Organization, as applicable, to advance a global standard 

for each international airport to document and track the re-
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moval 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 
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Aviation Organization or the Department of 

Homeland Security; and 

(ii) have not taken steps to implement 

such security protocols; 

(C) Improving the development, outreach, and 

implementation process for security directives or 

emergency amendments issued to domestic and foreign air carriers. 

(D) Assessing the cybersecurity risk of security 

screening equipment. 

(b) NOTIFICATION.—Not later than 90 days after the 

date of enactment of this Act, the Administrator, in consultation with the United States Ambassador to the International 

Civil Aviation Organization, shall notify the Committee on 

Commerce, Science, and Transportation and the Committee 

on Foreign Relations of the Senate, and the Committee on 

Homeland Security and the Committee on Foreign Affairs of 

the House of Representatives of the progress of the review 

under subsection (a) and any proposed international improvements to aviation security. 

(c) ICAO.—Subject to subsection (a), the Administrator 

and Ambassador shall take such action at the International 

Civil Aviation Organization as the Administrator and Ambassador consider necessary to advance aviation security im-
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provement 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. 
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(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. 
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(8) Any other information the Administrator considers relevant to the security practices, procedures, and 

equipment in place at such airports. 

SEC. 1958. REPORT ON AIRPORTS USED BY MAHAN AIR. 

(a) IN GENERAL.—Not later than 120 days after the 

date of enactment of this Act, and annually thereafter 

through 2021, the Secretary of Homeland Security, in consultation with the Secretary of Transportation, the Secretary 

of State, the Secretary of the Treasury, and the Director of 

National Intelligence, shall submit to Congress a report that 

includes— 

(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 
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(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 
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enactment of this Act, all agreements between the 

United States and foreign governments or partners regarding the presence of Federal air marshals on flights 

to and from the United States shall be in writing and 

signed by the Administrator or other authorized United 

States Government representative. 

(3) EXCEPTION.—The Administrator may schedule 

Federal air marshal service on flights operating to a foreign country with which no written agreement is in effect if the Administrator determines that— 

(A) such mission is necessary for aviation security; and 

(B) the requirements of paragraph (4)(B) are 

met. 

(4) NOTIFICATION TO CONGRESS.— 

(A) WRITTEN AGREEMENTS.—Not later than 

30 days after the date that the Administrator enters into a written agreement under this section, the 

Administrator shall transmit to the appropriate 

committees of Congress a copy of the agreement. 

(B) NO WRITTEN AGREEMENTS.—The Administrator shall submit to the appropriate committees 

of Congress— 

(i) not later than 30 days after the date 

of enactment of this Act, a list of each foreign 
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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 spe-
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cial 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— 
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(A) in paragraph (7), by striking ‘‘and’’ after 

the semicolon at the end; 

(B) in paragraph (8), by striking the period at 

the end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(9) shall require the Federal Air Marshal Service 

to utilize a risk-based strategy when allocating resources 

between international and domestic flight coverage, including when initially setting its annual target numbers 

of average daily international and domestic flights to 

cover; 

‘‘(10) shall require the Federal Air Marshal Service 

to utilize a risk-based strategy to support domestic allocation decisions; 

‘‘(11) shall require the Federal Air Marshal Service 

to utilize a risk-based strategy to support international 

allocation decisions; and 

‘‘(12) shall ensure that the seating arrangements of 

Federal air marshals on aircraft are determined in a 

manner that is risk-based and most capable of responding to current threats to aviation security.’’. 

(2) BRIEFING.—Not later than 270 days after the 

date of enactment of this Act, the Administrator shall 

brief the appropriate committees of Congress on the 

Federal Air Marshal Service’s compliance with the re-
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quirements 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. 
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(b) RTCA REPORT.—The Administrator, in coordination 

with the Administrator of the Federal Aviation Administration, shall disseminate RTCA Document (DO–329) Aircraft 

Secondary Barriers and Alternative Flight Deck Security 

Procedure to aviation stakeholders, including air carriers and 

flight crew, to convey effective methods and best practices to 

protect the flight deck. 

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

(a) INTERPRETIVE RULE.—Subject to subsections (b) 

and (c), the Administrator shall periodically review and 

amend, as necessary, the interpretive rule (68 Fed. Reg. 

7444) that provides guidance to the public on the types of 

property considered to be weapons, explosives, and incendiaries prohibited under section 1540.111 of title 49, Code of 

Federal Regulations. 

(b) CONSIDERATIONS.—Before determining whether to 

amend the interpretive rule to include or remove an item 

from the prohibited list, the Administrator shall— 

(1) research and evaluate— 

(A) the impact, if any, the amendment would 

have on security risks; 

(B) the impact, if any, the amendment would 

have on screening operations, including effectiveness 

and efficiency; and 
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(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 
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(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’’; 

(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 pro-
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gram through training at a Transportation Security Administration-approved 

firearms training facility utilizing a 

Transportation Security Administrationapproved 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 
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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 jeop-
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ardize existing Federal air marshal agreements, the policies relating to the carriage of firearms on international 

flights by Federal flight deck officers with the policies of 

the Federal air marshal program for carrying firearms 

on such flights and carrying out the duties of a Federal 

flight deck officer, notwithstanding Annex 17 of the 

International Civil Aviation Organization.’’. 

(f) PHYSICAL STANDARDS.—Section 44921(d)(2) is 

amended— 

(1) by redesignating subparagraphs (A), (B), and 

(C) as clauses (i), (ii), and (iii), respectively; 

(2) in clause (ii), as redesignated, by striking 

‘‘Under Secretary’s’’ and inserting ‘‘Administrator’s’’; 

(3) by striking ‘‘A pilot is’’ and inserting the following: 

‘‘(A) IN GENERAL.—A pilot is’’; and 

(4) by adding at the end the following: 

‘‘(B) CONSISTENCY WITH REQUIREMENTS FOR

CERTAIN MEDICAL CERTIFICATES.—In establishing 

standards under subparagraph (A)(ii), the Administrator may not establish medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more stringent 

than the requirements of the Federal Aviation Administration for the issuance of the required airman 
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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 
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training and deputizing’’ and inserting ‘‘The Administrator shall train and deputize’’; and 

(C) in paragraph (3)(N), by striking ‘‘Under 

Secretary’s’’ and inserting ‘‘Administrator’s’’; 

(3) in subsection (d)(4)— 

(A) by striking ‘‘may,’’ and inserting ‘‘may’’; 

and 

(B) by striking ‘‘Under Secretary’s’’ and inserting ‘‘Administrator’s’’; 

(4) in subsection (i)(2), by striking ‘‘the Under Secretary may’’ and inserting ‘‘may’’; 

(5) in subsection (k)— 

(A) by striking paragraphs (2) and (3); and 

(B) by striking ‘‘APPLICABILITY.—’’ and all 

that follows through ‘‘This section’’ and inserting 

‘‘APPLICABILITY.—This section’’; 

(6) by adding at the end the following: 

‘‘(l) DEFINITIONS.—In this section: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ 

means the Administrator of the Transportation Security 

Administration. 

‘‘(2) AIR TRANSPORTATION.—The term ‘air transportation’ includes all-cargo air transportation. 

‘‘(3) FIREARMS TRAINING FACILITY.—The term 

‘firearms training facility’ means a private or govern-
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ment-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, 
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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; 
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•HRES 1082 EH 

(C) consider the vulnerabilities and risks associated with specific modes of surface transportation; 

(D) evaluate the vetting and security training 

of— 

(i) employees in surface transportation; 

and 

(ii) other individuals with access to sensitive or secure areas of surface transportation 

networks; and 

(E) consider input from— 

(i) representatives of different modes of 

surface transportation; 

(ii) representatives of critical infrastructure entities; 

(iii) the Transportation Systems Sector 

Coordinating Council; and 

(iv) the heads of other relevant Federal 

departments or agencies. 

(b) RISK-BASED SURFACE TRANSPORTATION SECURITY

STRATEGY.— 

(1) IN GENERAL.—Not later than 180 days after 

the date the security assessment under subsection (a) is 

complete, the Administrator shall use the results of the 

assessment— 
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(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 
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(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.— 
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(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 
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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 
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(2) is organized by appropriations account, program, project, and initiative. 

(b) BUDGET TRANSPARENCY.—In submitting the annual 

budget of the United States Government under section 1105 

of title 31, United States Code, the President shall clearly 

distinguish the resources requested for surface transportation 

security from the resources requested for aviation security. 

(c) RESOURCE REALLOCATION.— 

(1) IN GENERAL.—Not later than 15 days after the 

date on which the Transportation Security Administration allocates any resources or personnel, including personnel sharing, detailing, or assignment, or the use of 

facilities, technology systems, or vetting resources, for a 

nontransportation security purpose or National Special 

Security Event (as defined in section 2001 of Homeland 

Security Act of 2002 (6 U.S.C. 601)), the Secretary 

shall provide the notification described in paragraph (2) 

to the appropriate committees of Congress. 

(2) NOTIFICATION.—A notification described in this 

paragraph shall include— 

(A) the reason for and a justification of the resource or personnel allocation; 

(B) the expected end date of the resource or 

personnel allocation; and 
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(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 trans-
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portation 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; 
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•HRES 1082 EH 

(D) current efforts, if any, with security experts, advisory committees, and other stakeholders; 

and 

(E) other relevant details associated with the 

development of the rulemaking that impact the 

progress of the rulemaking. 

(b) INSPECTOR GENERAL REVIEW.—Not later than 180 

days after the date of enactment of this Act, and every 2 

years thereafter until all of the requirements under titles 

XIII, XIV, and XV of the Implementing Recommendations of 

the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) 

and under this title have been fully implemented, the Inspector General of the Department shall submit to the appropriate committees of Congress a report that— 

(1) identifies the requirements under such titles of 

that Act and under this title that have not been fully implemented; 

(2) describes what, if any, additional action is necessary; and 

(3) includes recommendations regarding whether 

any of the requirements under such titles of that Act or 

this title should be amended or repealed. 

SEC. 1968. TSA COUNTERTERRORISM ASSET DEPLOYMENT. 

(a) COUNTERTERRORISM ASSET DEPLOYMENT.— 
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(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 
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•HRES 1082 EH 

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 analysis of the costs and 

resources required to carry out such plan.’’. 
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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.— 
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‘‘(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; 
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•HRES 1082 EH 

‘‘(C) groups representing the users of such 

modes of surface transportation, including asset 

manufacturers, as appropriate; 

‘‘(D) relevant law enforcement, first responders, and security experts; and 

‘‘(E) such other groups as the Administrator 

considers appropriate. 

‘‘(3) CHAIRPERSON.—The Advisory Committee 

shall select a chairperson from among its voting members. 

‘‘(4) TERM OF OFFICE.— 

‘‘(A) TERMS.— 

‘‘(i) IN GENERAL.—The term of each voting member of the Advisory Committee shall be 

2 years, but a voting member may continue to 

serve until the Administrator appoints a successor. 

‘‘(ii) REAPPOINTMENT.—A voting member 

of the Advisory Committee may be reappointed. 

‘‘(B) REMOVAL.— 

‘‘(i) IN GENERAL.—The Administrator 

may review the participation of a member of 

the Advisory Committee and remove such 

member for cause at any time. 
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•HRES 1082 EH 

‘‘(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.— 
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‘‘(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 sen-
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•HRES 1082 EH 

sitive security information under subparagraph 

(A) and voluntarily signs a nondisclosure 

agreement, the voting member may be granted 

access to sensitive security information that is 

relevant to the voting member’s service on the 

Advisory Committee. 

‘‘(ii) CLASSIFIED INFORMATION.—Access 

to classified materials shall be managed in accordance with Executive Order 13526 of December 29, 2009 (75 Fed. Reg. 707), or any 

subsequent corresponding Executive order. 

‘‘(C) PROTECTIONS.— 

‘‘(i) SENSITIVE SECURITY INFORMATION.—Voting members shall protect sensitive 

security information in accordance with part 

1520 of title 49, Code of Federal Regulations. 

‘‘(ii) CLASSIFIED INFORMATION.—Voting 

members shall protect classified information in 

accordance with the applicable requirements 

for the particular level of classification. 

‘‘(8) JOINT COMMITTEE MEETINGS.—The Advisory 

Committee may meet with 1 or more of the following advisory committees to discuss multimodal security issues 

and other security-related issues of common concern: 
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•HRES 1082 EH 

‘‘(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. 
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‘‘(B) PUBLICATION.—Not later than 6 months 

after the date that the Administrator receives an 

annual report under subparagraph (A), the Administrator shall publish a public version of the report, 

in accordance with section 552a(b) of title 5, United 

States Code. 

‘‘(e) ADMINISTRATION RESPONSE.— 

‘‘(1) CONSIDERATION.—The Administrator shall 

consider the information, advice, and recommendations 

of the Advisory Committee in formulating policies, programs, initiatives, rulemakings, and security directives 

pertaining to surface transportation security. 

‘‘(2) FEEDBACK.—Not later than 90 days after the 

date that the Administrator receives a recommendation 

from the Advisory Committee under subsection (d)(2), 

the Administrator shall submit to the Advisory Committee written feedback on the recommendation, including— 

‘‘(A) if the Administrator agrees with the recommendation, a plan describing the actions that the 

Administrator has taken, will take, or recommends 

that the head of another Federal department or 

agency take to implement the recommendation; or 
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•HRES 1082 EH 

‘‘(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 
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‘‘(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.’’. 
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SEC. 1970. REVIEW OF THE EXPLOSIVES DETECTION CANINE 

TEAM PROGRAM. 

(a) IN GENERAL.—Not later than 90 days after the date 

that the Inspector General of the Department receives the report under section 1964(c), the Inspector General of the Department shall— 

(1) review the explosives detection canine team program, including— 

(A) the development by the Transportation Security Administration of a deployment strategy for 

explosives detection canine teams; 

(B) the national explosives detection canine 

team training program, including canine training, 

handler training, refresher training, and updates to 

such training; 

(C) the use of the canine assets during an urgent security need, including the reallocation of 

such program resources outside the transportation 

systems sector during an urgent security need; and 

(D) the monitoring and tracking of canine assets; and 

(2) submit to the appropriate committees of Congress a report on the review, including any recommendations. 

(b) CONSIDERATIONS.—In conducting the review of the 

deployment strategy under subsection (a)(1)(A), the Inspec-
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tor 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 
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budget submitted under section 1105 of title 31, United 

States Code. 

(3) RECOMMENDATIONS.—Before initiating any increase in the number of explosives detection teams under 

paragraph (2), the Secretary shall consider any recommendations in the report under section 1970 on the 

efficacy and management of the explosives detection canine program. 

(c) DEPLOYMENT.—The Secretary shall— 

(1) use the additional explosives detection canine 

teams, as described in subsection (b)(1), as part of the 

Department’s efforts to strengthen security across the 

Nation’s surface and maritime transportation networks; 

(2) make available explosives detection canine teams 

to all modes of transportation, subject to the requirements under section 1968, to address specific 

vulnerabilities or risks, on an as-needed basis and as 

otherwise determined appropriate by the Secretary; and 

(3) consider specific needs and training requirements for explosives detection canine teams to be deployed across the Nation’s surface and maritime transportation networks, including in venues of multiple 

modes of transportation, as the Secretary considers appropriate. 
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(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 
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(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’’; 
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(2) in subparagraph (G), by striking ‘‘; and’’ at the 

end and inserting a semicolon; 

(3) in subparagraph (H) by striking the period at 

the end and inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(I) for improvements to passenger verification 

systems; 

‘‘(J) for improvements to employee and contractor verification systems, including identity 

verification technology; or 

‘‘(K) for improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs.’’. 

SEC. 1974. PASSENGER RAIL VETTING. 

(a) IN GENERAL.—Not later than 180 days after the 

date on which the Amtrak Board of Directors submits a request to the Administrator, the Administrator shall issue a 

decision on the use by Amtrak of the Transportation Security 

Administration’s Secure Flight Program or a similar passenger vetting system to enhance passenger rail security. 

(b) CONSIDERATIONS.—In making a decision under subsection (a), the Administrator shall— 

(1) consider the technological, privacy, operational, 

and security impacts of such a decision; and 
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(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. 
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SEC. 1975. STUDY ON SURFACE TRANSPORTATION INSPECTORS. 

(a) STRATEGY.—Not later than 180 days after the date 

of enactment of this Act, the Administrator shall submit to 

the appropriate congressional committees and the Comptroller General of the United States a strategy to guide operations of surface transportation security inspectors that addresses the following: 

(1) Any limitations in data systems for such inspectors, as identified by the Comptroller General. 

(2) Alignment of operations with risk assessment 

findings, including an approach to identifying and 

prioritizing entities and locations for inspections. 

(3) Measurable objectives for the surface transportation security inspectors program. 

(b) GAO REVIEW.—Not later than 180 days after the 

date the strategy under subsection (a) is submitted, the 

Comptroller General of the United States shall review such 

strategy and, as appropriate, issue recommendations. 

SEC. 1976. SECURITY AWARENESS PROGRAM. 

(a) ESTABLISHMENT.—The Administrator shall establish 

a program to promote surface transportation security through 

the training of surface transportation operators and frontline 

employees on each of the skills identified in subsection (c). 

(b) APPLICATION.—The program established under subsection (a) shall apply to all modes of surface transportation, 
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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 re-
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port 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 
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contact with riders on a regular basis, and any other employee of a public transportation agency that the Administrator determines should receive security training 

under this section or that is receiving security training 

under other law; 

(2) over-the-road bus drivers, security personnel, 

dispatchers, maintenance and maintenance support personnel, ticket agents, other terminal employees, and 

other employees of an over-the-road bus operator or terminal owner or operator that the Administrator determines should receive security training under this section 

or that is receiving security training under other law; or 

(3) security personnel, dispatchers, locomotive engineers, conductors, trainmen, other onboard employees, 

maintenance and maintenance support personnel, bridge 

tenders, and any other employees of railroad carriers 

that the Administrator determines should receive security training under this section or that is receiving security training under other law. 

SEC. 1977. VOLUNTARY USE OF CREDENTIALING. 

(a) IN GENERAL.—An applicable individual who is subject to credentialing or a background investigation may satisfy that requirement by obtaining a valid transportation security card. 
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(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— 
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(A) because of employment is regulated by the 

Transportation Security Administration, Department of Transportation, or Coast Guard and is required to have a background records check to obtain a hazardous materials endorsement on a commercial driver’s license issued by a State under section 5103a of title 49, United States Code; or 

(B) is required to have a credential and background records check under section 2102(d)(2) of 

the Homeland Security Act of 2002 (6 U.S.C. 

622(d)(2)) at a facility with activities that are regulated by the Transportation Security Administration, Department of Transportation, or Coast 

Guard. 

(2) VALID TRANSPORTATION SECURITY CARD.—The 

term ‘‘valid transportation security card’’ means a transportation security card that is— 

(A) issued under section 70105 of title 46, 

United States Code; 

(B) not expired; 

(C) shows no signs of tampering; and 

(D) bears a photograph of the individual representing such card. 
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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 fullscale implementation of 100 percent screening of cargo 
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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. 
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(3) REPORT.—Not later than 1 year after initiating 

a pilot program under paragraph (1), the Secretary shall 

submit to the appropriate committees of Congress a report on the pilot program, including— 

(A) an evaluation of the scanning technologies 

proposed to improve security at domestic ports and 

to meet the full-scale implementation requirement; 

(B) the costs to implement a pilot program; 

(C) the benefits of the proposed scanning technologies; 

(D) the impact of the pilot program on the 

supply chain; and 

(E) recommendations for implementation of 

advanced cargo scanning technologies at domestic 

ports. 

(4) SHARING PILOT PROGRAM TESTING RESULTS.— 

The results of the pilot testing of advanced cargo scanning technologies shall be shared, as appropriate, with 

government agencies and private stakeholders whose responsibilities encompass the secure transport of cargo. 

SEC. 1980. PIPELINE SECURITY STUDY. 

(a) STUDY.—The Comptroller General of the United 

States shall conduct a study regarding the roles and responsibilities of the Department of Homeland Security and the 
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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; 
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(5) the guidance pipeline operators report use to 

address security risks and the extent to which the TSA 

ensures its guidelines reflect the current threat environment; 

(6) the extent to which the TSA has assessed security risks to pipeline systems; and 

(7) the extent to which the TSA has assessed its effectiveness in reducing pipeline security risks. 

(c) REPORT ON STUDY.—Not later than 180 days after 

the date of enactment of the TSA Modernization Act, the 

Comptroller General of the United States shall submit to the 

Secretary of Homeland Security and the Committee on Commerce, Science, and Transportation of the Senate and the 

Committee on Homeland Security and the Committee on 

Transportation and Infrastructure of the House of Representatives a report containing the findings of the study 

under subsection (a). 

(d) REPORT TO CONGRESS.—Not later than 90 days 

after the date the report under subsection (c) is submitted, 

the Secretary of Homeland Security shall review and analyze 

the study and submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Homeland Security and the Committee on Transportation 

and Infrastructure of the House of Representatives a report 
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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 riskbased 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; 
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(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 VEHICLEBASED 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 
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transportation security against the threat of a vehicle-based 

terrorist attack. 

SEC. 1983. SURFACE TRANSPORTATION STAKEHOLDER SURVEY. 

(a) IN GENERAL.—Not later than 120 days after the 

date of enactment of this Act, the Secretary shall begin conducting a survey of public and private stakeholders responsible for securing surface transportation assets regarding resource challenges, including the availability of Federal funding, associated with securing such assets that provides an opportunity for respondents to set forth information on specific 

unmet needs. 

(b) REPORT.—Not later than 120 days after beginning 

the survey required under subsection (a), the Secretary shall 

report to the appropriate committees of Congress regarding 

the results of such survey and the Department of Homeland 

Security’s efforts to address any identified security 

vulnerabilities. 

SEC. 1984. NUCLEAR MATERIAL AND EXPLOSIVE DETECTION 

TECHNOLOGY. 

The Secretary, in coordination with the Director of the 

National Institute of Standards and Technology and the head 

of each relevant Federal department or agency researching 

nuclear material detection systems or explosive detection systems, shall research, facilitate, and, to the extent practicable, 

deploy next generation technologies, including active neutron 
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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 
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(C) any annual progress reports submitted to 

Congress under that section after the strategy is 

submitted would provide information on the degree 

to which that strategy guides Federal efforts relating to transportation security. 

SEC. 1986. RISK SCENARIOS. 

(a) IN GENERAL.—The Administrator shall annually develop, consistent with the transportation modal security plans 

required under section 114(s) of title 49, United States Code, 

risk-based priorities based on risk assessments conducted or 

received by the Secretary across all transportation modes that 

consider threats, vulnerabilities, and consequences. 

(b) SCENARIOS.—The Administrator shall ensure that 

the risk-based priorities identified under subsection (a) are 

informed by an analysis of terrorist attack scenarios for each 

transportation mode, including cyber-attack scenarios and intelligence and open source information about current and 

evolving threats. 

(c) REPORT.—Not later than 120 days after the date 

that annual risk-based priorities are developed under subsection (a), the Administrator shall submit to the appropriate 

committees of Congress a report that includes the following: 

(1) Copies of the risk assessments for each transportation mode. 
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(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 pro-
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motes coordination for responses to terrorism, serious incidents, and other purposes, as determined appropriate by the 

Administrator. 

(b) REPORT.—Not later than 1 year after the date of 

enactment of this Act, the Administrator shall brief the appropriate committees of Congress regarding the establishment 

and activities of integrated and unified operations centers at 

transportation facilities at which the TSA has a presence. 

SEC. 1988. NATIONAL DEPLOYMENT FORCE. 

(a) IN GENERAL.—Subchapter II of chapter 449, as 

amended by section 1943 of this Act, is further amended by 

adding at the end the following: 

‘‘SEC. 44948. NATIONAL DEPLOYMENT OFFICE. 

‘‘(a) ESTABLISHMENT.—There is established within the 

Transportation Security Administration a National Deployment Office, to be headed by an individual with supervisory 

experience. Such individual shall be designated by the Administrator of the Transportation Security Administration. 

‘‘(b) DUTIES.—The individual designated as the head of 

the National Deployment Office shall be responsible for the 

following: 

‘‘(1) Maintaining a National Deployment Force 

within the Transportation Security Administration, including transportation security officers, supervisory 

transportation security officers and lead transportation 
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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 
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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 
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Congress a report regarding activities of the National Deployment Office, including the National Deployment Force, established under section 44948 of title 49, United States Code. 

Each such report shall include information relating to the following: 

(1) When, where, why, how many, and for how long 

the National Deployment Force was deployed throughout 

the 12-month period covered by such report and the 

costs associated with such deployment. 

(2) A description of collaboration between the National Deployment Office and other components of the 

Department, other Federal agencies, and State and local 

transportation security stakeholders. 

(3) The size of the National Deployment Force, including information on the staffing model of the National Deployment Force and adherence to such model 

as established by the Administrator. 

(4) Information on recruitment, appointment, and 

training activities, including processes utilized to attract, 

recruit, appoint, and train officers to serve on the National Deployment Force. 

SEC. 1989. INFORMATION SHARING AND CYBERSECURITY. 

(a) FEDERAL SECURITY DIRECTORS.—Section 44933 is 

amended by adding at the end the following: 
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‘‘(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. 
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(2) CONTENTS.—The plan required under paragraph (1) shall include the following: 

(A) The incorporation of best practices for information sharing. 

(B) The identification of areas of overlap and 

redundancy. 

(C) An evaluation and incorporation of stakeholder input in the development of such plan. 

(D) The integration of any recommendations of 

the Comptroller General of the United States on information sharing. 

(3) SOLICITATION.—The Administrator shall solicit 

on an annual basis input from appropriate stakeholders, 

including State and local transportation entities, on the 

quality and quantity of intelligence received by such 

stakeholders relating to information sharing. 

(c) BEST PRACTICES SHARING.— 

(1) IN GENERAL.—Not later than 180 days after 

the date of enactment of this Act, the Administrator 

shall establish a mechanism to share with State and 

local transportation entities best practices from across 

the law enforcement spectrum, including Federal, State, 

local, and tribal entities, that relate to employee training, employee professional development, technology de-
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•HRES 1082 EH 

velopment 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). 
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(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 
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submit to the appropriate committees of Congress 

information relating to such evaluation, including 

any cybersecurity vulnerabilities identified and remediation plans to address such vulnerabilities. 

Such submission shall be provided in a classified 

form. 

(4) DEFINITIONS.—In this subsection, the terms 

‘‘cybersecurity risk’’ and ‘‘incident’’ have the meanings 

given the terms in section 227 of the Homeland Security 

Act of 2002 (6 U.S.C. 148). 

SEC. 1990. SECURITY TECHNOLOGIES TIED TO FOREIGN 

THREAT COUNTRIES. 

Not later than 180 days after the date of enactment of 

this Act, the Secretary shall submit to the appropriate committees of Congress an assessment of terrorist and other 

threats to the transportation sector, including surface transportation assets, posed by the use of security technologies, including software and networked technologies, developed or 

manufactured by firms that are owned or closely linked to the 

governments of countries that are known to pose a cyber or 

homeland security threat. 
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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. 
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‘‘(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— 

(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’’; 
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•HRES 1082 EH 

(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 
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•HRES 1082 EH 

(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 
1087 

•HRES 1082 EH 

(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)— 
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•HRES 1082 EH 

(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; 
1089 

•HRES 1082 EH 

(iii) by amending paragraph (3) to read as 

follows: 

‘‘(3) REGULATIONS.—The Secretary of Homeland 

Security shall issue a final rule as a permanent regulation to implement this subsection in accordance with the 

provisions of chapter 5 of title 5.’’; 

(iv) by striking paragraph (4); and 

(v) by redesignating paragraph (5) as 

paragraph (4); 

(G) in subsection (h)— 

(i) in paragraph (1), by striking ‘‘Under 

Secretary’’ and inserting ‘‘Administrator of the 

Transportation Security Administration’’; and 

(ii) in paragraph (2)— 

(I) by striking ‘‘Under Secretary’’ the 

first place it appears and inserting ‘‘Administrator of the Transportation Security 

Administration’’; and 

(II) by striking ‘‘Under Secretary’’ 

each place it appears and inserting ‘‘Administrator’’; 

(H) in subsection (i)— 

(i) in the matter preceding paragraph (1), 

by striking ‘‘Under Secretary’’ and inserting 
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•HRES 1082 EH 

‘‘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)— 
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•HRES 1082 EH 

(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)— 
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•HRES 1082 EH 

(I) in subparagraph (A)— 

(aa) by striking ‘‘60 days after 

the deadline specified in paragraph 

(2), and not later than’’; 

(bb) by striking ‘‘Assistant Secretary’’ the first place it appears and 

inserting ‘‘Administrator of the 

Transportation Security Administration’’; and 

(cc) by striking ‘‘Assistant Secretary’’ the second place it appears 

and inserting ‘‘Administrator’’; and 

(II) in subparagraph (B), by striking 

‘‘Assistant Secretary’’ each place it appears and inserting ‘‘Administrator of the 

Transportation Security Administration’’; 

(2) section 44902 is amended— 

(A) in subsection (a), by striking ‘‘Under Secretary of Transportation for Security’’ and inserting 

‘‘Administrator of the Transportation Security Administration’’; and 

(B) in subsection (b), by striking ‘‘Under Secretary’’ and inserting ‘‘Administrator of the Transportation Security Administration’’; 

(3) section 44903 is amended— 
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•HRES 1082 EH 

(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’’; 
1094 

•HRES 1082 EH 

(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 of enactment of the Implementing Recommendations of the 9/11 
1095 

•HRES 1082 EH 

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 Sys-
1096 

•HRES 1082 EH 

tem’’ 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 
1097 

•HRES 1082 EH 

Assistant Secretary,’’ and inserting 

‘‘The Administrator’’; 

(bb) in clause (ii), by striking 

‘‘Not later than 180 days after completion of testing under clause (i), 

the’’ and inserting ‘‘The’’; and 

(cc) in clause (iv), by striking 

‘‘Not later than 180 days after’’ and 

inserting ‘‘After’’; 

(V) in subparagraph (D), by striking 

‘‘Assistant Secretary of Homeland Security (Transportation Security Administration)’’ and inserting ‘‘Administrator’’; 

(VI) in subparagraph (E)(i), by striking ‘‘Not later than 90 days after the date 

on which the Assistant Secretary assumes 

the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the’’ and inserting 

‘‘The Administrator’’; and 

(VII) by striking ‘‘Assistant Secretary’’ each place it appears and inserting ‘‘Administrator’’; 

(G) in subsection (l), by striking ‘‘Under Secretary for Border and Transportation Security of 
1098 

•HRES 1082 EH 

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 Na-
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•HRES 1082 EH 

tional 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 insert-
1100 

•HRES 1082 EH 

ing ‘‘Administrator of the Transportation Security 

Administration’’; 

(6) section 44906 is amended— 

(A) by striking ‘‘Under Secretary of Transportation for Security’’ and inserting ‘‘Administrator of 

the Transportation Security Administration’’; and 

(B) by striking ‘‘Under Secretary’’ each place 

it appears and inserting ‘‘Administrator’’; 

(7) section 44908 is amended— 

(A) by striking ‘‘Secretary of Transportation’’ 

each place it appears and inserting ‘‘Administrator 

of the Transportation Security Administration’’; 

(B) in subsection (a), by striking ‘‘safety or’’; 

and 

(C) in subsection (c), by striking ‘‘The Secretary’’ and inserting ‘‘The Administrator’’; 

(8) section 44909 is amended— 

(A) in subsection (a)(1), by striking ‘‘Not later 

than March 16, 1991, the’’ and inserting ‘‘The’’; 

and 

(B) in subsection (c)— 

(i) in paragraph (1), by striking ‘‘Not 

later than 60 days after the date of enactment 

of the Aviation and Transportation Security 

Act, each’’ and inserting ‘‘Each’’; 
1101 

•HRES 1082 EH 

(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)— 
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•HRES 1082 EH 

(i) by striking ‘‘Secretary, and the Under 

Secretary’’ and inserting ‘‘Secretary of Homeland Security, and the Administrator of the 

Transportation Security Administration’’; and 

(ii) by striking ‘‘intelligence community 

and the Under Secretary’’ and inserting ‘‘intelligence community and the Administrator of 

the Transportation Security Administration’’; 

(10) section 44912 is amended— 

(A) in subsection (a)— 

(i) in paragraph (1)— 

(I) by striking ‘‘Under Secretary of 

Transportation for Security’’ and inserting ‘‘Administrator’’; and 

(II) by striking ‘‘, not later than November 16, 1993,’’; and 

(ii) in paragraph (4)(C), by striking ‘‘Research, Engineering and Development Advisory 

Committee’’ and inserting ‘‘Administrator’’; 

(B) in subsection (c)— 

(i) in paragraph (1), by striking ‘‘, as a 

subcommittee of the Research, Engineering, 

and Development Advisory Committee,’’; and 

(ii) in paragraph (4), by striking ‘‘Not 

later than 90 days after the date of the enact-
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ment 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; 
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•HRES 1082 EH 

‘‘(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. 
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‘‘(D) PRIVACY ACT.—Section 552a of title 5 

shall not apply to disclosures that the Administrator 

of the Transportation Security Administration may 

make from the systems of records of the Transportation Security Administration to any Federal law 

enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. 

‘‘(3) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except as otherwise provided by law, the Administrator may not transfer a duty or power under this section to another department, agency, or instrumentality 

of the United States Government. 

‘‘(e) DEFINITION OF ADMINISTRATOR.—In this section, 

the term ‘Administrator’ means the Administrator of the 

Transportation Security Administration.’’; 

(11) section 44913 is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘Under 

Secretary of Transportation for Security’’ and 

inserting ‘‘Administrator of the Transportation 

Security Administration (referred to in this 

section as ‘the Administrator’)’’; 

(ii) by striking paragraph (2); 
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(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 
1107 

•HRES 1082 EH 

‘‘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 
1108 

•HRES 1082 EH 

Security’’ and inserting ‘‘Administrator of the 

Transportation Security Administration’’; and 

(ii) in paragraph (3), by striking ‘‘Assistant Secretary’’ each place it appears and inserting ‘‘Administrator of the Transportation 

Security Administration’’; 

(16) section 44918 is amended— 

(A) in subsection (a)— 

(i) in paragraph (2)(E), by striking 

‘‘Under Secretary for Border and Transportation Security of the Department of Homeland Security’’ and inserting ‘‘Administrator of 

the Transportation Security Administration’’; 

(ii) in paragraph (4), by striking ‘‘Not 

later than one year after the date of enactment 

of the Vision 100—Century of Aviation Reauthorization Act, the’’ and inserting ‘‘The’’; and 

(iii) in paragraph (5), by striking ‘‘the 

date of enactment of the Vision 100—Century 

of Aviation Reauthorization Act’’ and inserting 

‘‘December 12, 2003,’’; 

(B) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘Not 

later than one year after the date of enactment 
1109 

•HRES 1082 EH 

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 
1110 

•HRES 1082 EH 

‘‘Administrator of the Transportation Security 

Administration’’; 

(C) in subsection (e), by striking ‘‘deputation’’ 

and inserting ‘‘deputization’’; and 

(D) by striking ‘‘Under Secretary’’ each place 

it appears and inserting ‘‘Administrator of the 

Transportation Security Administration’’; 

(19) section 44923 is amended— 

(A) in subsection (a), by striking ‘‘Under Secretary for Border and Transportation Security of 

the Department of Homeland Security’’ and inserting ‘‘Administrator of the Transportation Security 

Administration’’; 

(B) by striking ‘‘Under Secretary’’ each place 

it appears and inserting ‘‘Administrator of the 

Transportation Security Administration’’; 

(C) in subsection (e)— 

(i) by striking paragraph (2); and 

(ii) by striking ‘‘(1) IN GENERAL.—’’; and 

(D) by striking subsection (j); 

(20) section 44924 is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘Under Secretary for Border and Transportation Security of the Department of Homeland Security’’ and inserting 
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•HRES 1082 EH 

‘‘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 ‘‘Ad-
1112 

•HRES 1082 EH 

ministrator 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’’; 
1113 

•HRES 1082 EH 

(ii) by striking ‘‘Federal Security Manager’’ and inserting ‘‘Federal Security Director’’; and 

(iii) by striking ‘‘Managers’’ each place it 

appears and inserting ‘‘Federal Security Directors’’; 

(B) in subsection (b), by striking ‘‘Manager’’ 

and inserting ‘‘Federal Security Director’’; and 

(C) by striking ‘‘Under Secretary’’ each place 

it appears and inserting ‘‘Administrator of the 

Transportation Security Administration’’; 

(25) section 44934 is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘Under Secretary of Transportation for Security’’ and inserting ‘‘Administrator of the Transportation Security Administration’’; 

(ii) by striking ‘‘airports. In coordination 

with the Secretary’’ and inserting ‘‘airports. In 

coordination with the Secretary of State’’; 

(iii) by striking ‘‘The Secretary shall give 

high priority’’ and inserting ‘‘The Secretary of 

State shall give high priority’’; and 
1114 

•HRES 1082 EH 

(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)— 
1115 

•HRES 1082 EH 

(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)— 
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•HRES 1082 EH 

(i) by striking ‘‘Under Secretary of Transportation for Security’’ each place it appears 

and inserting ‘‘Administrator’’; 

(ii) in paragraph (1)— 

(I) in subparagraph (A), by striking 

‘‘,,’’ and inserting a comma; and 

(II) by striking subparagraph (C); 

and 

(iii) by redesignating subparagraph (D) as 

subparagraph (C); 

(B) in subsection (c)(1), by striking ‘‘Under 

Secretary’s’’ and inserting ‘‘Administrator’s’’; 

(C) by striking ‘‘Under Secretary’’ each place 

it appears and inserting ‘‘Administrator’’; and 

(D) by adding at the end the following: 

‘‘(f) DEFINITION OF ADMINISTRATOR.—In this section, 

the term ‘Administrator’ means the Administrator of the 

Transportation Security Administration.’’; 

(28) section 44937 is amended by striking ‘‘Under 

Secretary of Transportation for Security’’ and inserting 

‘‘Administrator of the Transportation Security Administration’’; 

(29) section 44938 is amended— 

(A) in subsection (a)— 
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•HRES 1082 EH 

(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.— 
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•HRES 1082 EH 

‘‘(A) IN GENERAL.—The amount of the costs 

under paragraph (1) shall be determined by the Administrator of the Transportation Security Administration and shall not be subject to judicial review. 

‘‘(B) DEFINITION OF FEDERAL LAW ENFORCEMENT PERSONNEL.—For purposes of paragraph 

(1)(A), the term ‘Federal law enforcement personnel’ includes State and local law enforcement officers who are deputized under section 44922.’’; 

(B) in subsections (b), (d), (e), (g), and (h), by 

striking ‘‘Under Secretary’’ each place it appears 

and inserting ‘‘Administrator of the Transportation 

Security Administration’’; 

(C) in subsection (d)— 

(i) in paragraph (1)— 

(I) by striking ‘‘within 60 days of the 

date of enactment of this Act, or’’; and 

(II) by striking ‘‘thereafter’’; and 

(ii) in paragraph (2), by striking ‘‘subsection (d)’’ each place it appears and inserting 

‘‘paragraph (1) of this subsection’’; 

(D) in subsection (e)(1), by striking ‘‘FEES

PAYABLE TO UNDER SECRETARY’’ in the heading 

and inserting ‘‘FEES PAYABLE TO ADMINISTRATOR’’; and 
1119 

•HRES 1082 EH 

(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 
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•HRES 1082 EH 

(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 
1121 

•HRES 1082 EH 

the Transportation Security Administration,’’; and 

(iv) in paragraph (2), as redesignated, by 

striking ‘‘Under Secretary for Transportation 

Security’’ and inserting ‘‘Administrator of the 

Transportation Security Administration’’; 

(34) section 44943 is amended— 

(A) in subsection (a), by striking ‘‘Under Secretary for Transportation Security’’ and inserting 

‘‘Administrator of the Transportation Security Administration’’; 

(B) in subsection (b)— 

(i) in paragraph (1)— 

(I) by striking ‘‘Secretary and Under 

Secretary of Transportation for Security’’ 

and inserting ‘‘Secretary of Homeland Security and Administrator of the Transportation Security Administration’’; and 

(II) by striking ‘‘Under Secretary’’ 

and inserting ‘‘Administrator of the 

Transportation Security Administration’’; 

and 

(ii) in paragraph (2)— 

(I) by striking ‘‘Under Secretary’’ the 

first place it appears and inserting ‘‘Ad-
1122 

•HRES 1082 EH 

ministrator 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 
1123 

•HRES 1082 EH 

‘‘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’’. 
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•HRES 1082 EH 

(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’’; 
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•HRES 1082 EH 

(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— 
1126 

•HRES 1082 EH 

(A) by striking ‘‘subpena’’ each place it appears and inserting ‘‘subpoena’’; and 

(B) in subsection (b)— 

(i) in the heading, by striking ‘‘SUBPENAS’’ and inserting ‘‘SUBPOENAS’’; and 

(ii) by striking ‘‘the Administrator, or’’ 

and inserting ‘‘the Administrator of the Federal Aviation Administration, or’’; 

(7) in section 46105(c), by striking ‘‘When the Administrator’’ and inserting ‘‘When the Administrator of 

the Federal Aviation Administration’’; 

(8) in section 46109, by inserting ‘‘(or the Administrator of the Transportation Security Administration 

with respect to security duties and powers designated to 

be carried out by the Administrator of the Transportation Security Administration or the Administrator of 

the Federal Aviation Administration with respect to 

aviation safety duties and powers designated to be carried out by the Administrator)’’ after ‘‘Secretary of 

Transportation’’; and 

(9) in section 46111— 

(A) in subsection (a)— 

(i) by inserting ‘‘the’’ before ‘‘Federal 

Aviation Administration’’; 
1127 

•HRES 1082 EH 

(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 
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•HRES 1082 EH 

(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 
1129 

•HRES 1082 EH 

duties and powers designated to be carried out 

by the Under Secretary’’ and inserting ‘‘Administrator of the Transportation Security Administration with respect to security duties and 

powers designated to be carried out by the Administrator of the Transportation Security Administration’’; and 

(ii) by striking ‘‘or the Administrator with 

respect to aviation safety duties and powers 

designated to be carried out by the Administrator’’ and inserting ‘‘or the Administrator of 

the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator 

of the Federal Aviation Administration’’; 

(2) in section 46304(b), by striking ‘‘or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to 

be carried out by the Administrator’’ and inserting ‘‘or 

the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers 

designated to be carried out by the Administrator of the 

Federal Aviation Administration’’; 

(3) in section 46311— 

(A) in subsection (a)— 
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•HRES 1082 EH 

(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 
1131 

•HRES 1082 EH 

Federal Aviation Administration shall’’; 

and 

(IV) by striking ‘‘Administrator,’’ 

and inserting ‘‘Administrator of the Federal Aviation Administration,’’; and 

(ii) in paragraph (1), by striking ‘‘Administrator’’ and inserting ‘‘Administrator of the 

Federal Aviation Administration’’; 

(B) in subsections (b) and (c), by striking ‘‘Administrator’’ each place it appears and inserting 

‘‘Administrator of the Federal Aviation Administration’’; and 

(C) by striking ‘‘Under Secretary’’ each place 

it appears and inserting ‘‘Administrator of the 

Transportation Security Administration’’; 

(4) in section 46313— 

(A) by striking ‘‘Under Secretary of Transportation for Security with respect to security duties 

and powers designated to be carried out by the 

Under Secretary’’ and inserting ‘‘Administrator of 

the Transportation Security Administration with respect to security duties and powers designated to be 

carried out by the Administrator of the Transportation Security Administration’’; 
1132 

•HRES 1082 EH 

(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 
1133 

•HRES 1082 EH 

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: 

‘‘§ 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. 
1134 

•HRES 1082 EH 

‘‘§ 44932. Administrative 

‘‘(a) GENERAL AUTHORITY.—The Secretary of Homeland Security or the Administrator of the Transportation Security Administration may take action the Secretary or the 

Administrator considers necessary to carry out this chapter 

and chapters 461, 463, and 465 of this title, including conducting investigations, prescribing regulations, standards, and 

procedures, and issuing orders. 

‘‘(b) INDEMNIFICATION.—The Administrator of the 

Transportation Security Administration may indemnify an officer or employee of the Transportation Security Administration against a claim or judgment arising out of an act that 

the Administrator decides was committed within the scope of 

the official duties of the officer or employee.’’. 

(2) TABLE OF CONTENTS.—The table of contents of 

chapter 449 is amended by inserting before the item relating to section 44933 the following: 

‘‘44931. Authority to exempt. 

‘‘44932. Administrative.’’. 

SEC. 1992. TABLE OF CONTENTS OF CHAPTER 449. 

The table of contents of chapter 449 is amended— 

(1) in the item relating to section 44922, by striking ‘‘Deputation’’ and inserting ‘‘Deputization’’; and 

(2) by inserting after section 44941 the following: 

‘‘44942. Performance goals and objectives. 

‘‘44943. Performance management system.’’. 
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SEC. 1993. OTHER LAWS; INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004. 

Section 4016(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (49 U.S.C. 44917 note) is 

amended— 

(1) in paragraph (1), by striking ‘‘Assistant Secretary for Immigration and Customs Enforcement’’ and 

inserting ‘‘Administrator of the Transportation Security 

Administration’’; and 

(2) in paragraph (2), by striking ‘‘Assistant Secretary for Immigration and Customs Enforcement and 

the Director of Federal Air Marshal Service of the Department of Homeland Security, in coordination with the 

Assistant Secretary of Homeland Security (Transportation Security Administration),’’ and inserting ‘‘Administrator of the Transportation Security Administration 

and the Director of Federal Air Marshal Service of the 

Department of Homeland Security’’. 

SEC. 1994. SAVINGS PROVISIONS. 

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

the effective date of this Act shall be deemed to refer, as ap-
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propriate, to the Administrator of the Transportation Security Administration. 

Attest: 

Clerk.