An act to provide protections for certain sports medicine professionals, to reauthorize Federal aviation programs, to improve aircraft safety certification processes, and for other purposes
PL 115-254 (H.R.302), enacted 10/05/2018

132 STAT. 3186 
PUBLIC LAW 115–254—OCT. 5, 2018 
Public Law 115–254 
115th Congress 
An Act 
To provide protections for certain sports medicine professionals, to reauthorize Fed-
eral aviation programs, to improve aircraft safety certification processes, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘FAA Reauthor-
ization Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
DIVISION A—SPORTS MEDICINE LICENSURE 
Sec. 11. Short title. 
Sec. 12. Protections for covered sports medicine professionals. 
DIVISION B—FAA REAUTHORIZATION ACT OF 2018 
Sec. 101. Definition of appropriate committees of Congress. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA Programs 
Sec. 111. Airport planning and development and noise compatibility planning and 
programs. 
Sec. 112. Facilities and equipment. 
Sec. 113. FAA operations. 
Sec. 114. Weather reporting programs. 
Sec. 115. Adjustment to AIP program funding. 
Sec. 116. Funding for aviation programs. 
Sec. 117. Extension of expiring authorities. 
Subtitle B—Passenger Facility Charges 
Sec. 121. Passenger facility charge modernization. 
Sec. 122. Future aviation infrastructure and financing study. 
Sec. 123. Intermodal access projects. 
Subtitle C—Airport Improvement Program Modifications 
Sec. 131. Grant assurances. 
Sec. 132. Mothers’ rooms. 
Sec. 133. Contract Tower Program. 
Sec. 134. Government share of project costs. 
Sec. 135. Updated veterans’ preference. 
Sec. 136. Use of State highway specifications. 
Sec. 137. Former military airports. 
Sec. 138. Eligibility of CCTV projects for airport improvement program. 
Sec. 139. State block grant program expansion. 
Sec. 140. Non-movement area surveillance pilot program. 
Sec. 141. Property conveyance releases. 
Sec. 142. Study regarding technology usage at airports. 
Sec. 143. Study on airport revenue diversion. 
49 USC 40101 
note. 
FAA 
Reauthorization 
Act of 2018. 
Oct. 5, 2018 
[H.R. 302] 
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132 STAT. 3187 
PUBLIC LAW 115–254—OCT. 5, 2018 
Sec. 144. GAO study on the effect of granting an exclusive right of aeronautical 
services to an airport sponsor. 
Sec. 145. Sense of Congress on smart airports. 
Sec. 146. Critical airfield markings. 
Sec. 147. General facilities authority. 
Sec. 148. Recycling plans; uncategorized small airports. 
Sec. 149. Evaluation of airport master plans. 
Sec. 150. Definition of small business concern. 
Sec. 151. Small airport regulation relief. 
Sec. 152. Construction of certain control towers. 
Sec. 153. Nondiscrimination. 
Sec. 154. Definition of airport development. 
Sec. 155. General aviation airport expired funds. 
Sec. 156. Priority review of construction projects in cold weather States. 
Sec. 157. Minority and disadvantaged business participation. 
Sec. 158. Supplemental discretionary funds. 
Sec. 159. State taxation. 
Sec. 160. Airport investment partnership program. 
Sec. 161. Remote tower pilot program for rural and small communities. 
Sec. 162. Airport access roads in remote locations. 
Sec. 163. Limited regulation of non-federally sponsored property. 
Sec. 164. Seasonal airports. 
Sec. 165. Amendments to definitions. 
Sec. 166. Pilot program sunsets. 
Sec. 167. Buy America requirements. 
Subtitle D—Airport Noise and Environmental Streamlining 
Sec. 171. Funding eligibility for airport energy efficiency assessments. 
Sec. 172. Authorization of certain flights by stage 2 aircraft. 
Sec. 173. Alternative airplane noise metric evaluation deadline. 
Sec. 174. Updating airport noise exposure maps. 
Sec. 175. Addressing community noise concerns. 
Sec. 176. Community involvement in FAA NextGen projects located in metroplexes. 
Sec. 177. Lead emissions. 
Sec. 178. Terminal sequencing and spacing. 
Sec. 179. Airport noise mitigation and safety study. 
Sec. 180. Regional ombudsmen. 
Sec. 181. FAA leadership on civil supersonic aircraft. 
Sec. 182. Mandatory use of the New York North Shore Helicopter Route. 
Sec. 183. State standards for airport pavements. 
Sec. 184. Eligibility of pilot program airports. 
Sec. 185. Grandfathering of certain deed agreements granting through-the-fence ac-
cess to general aviation airports. 
Sec. 186. Stage 3 aircraft study. 
Sec. 187. Aircraft noise exposure. 
Sec. 188. Study regarding day-night average sound levels. 
Sec. 189. Study on potential health and economic impacts of overflight noise. 
Sec. 190. Environmental mitigation pilot program. 
Sec. 191. Extending aviation development streamlining. 
Sec. 192. Zero-emission vehicles and technology. 
TITLE II—FAA SAFETY CERTIFICATION REFORM 
Subtitle A—General Provisions 
Sec. 201. Definitions. 
Sec. 202. Safety Oversight and Certification Advisory Committee. 
Subtitle B—Aircraft Certification Reform 
Sec. 211. Aircraft certification performance objectives and metrics. 
Sec. 212. Organization designation authorizations. 
Sec. 213. ODA review. 
Sec. 214. Type certification resolution process. 
Sec. 215. Review of certification process for small general aviation airplanes. 
Sec. 216. ODA staffing and oversight. 
Subtitle C—Flight Standards Reform 
Sec. 221. Flight standards performance objectives and metrics. 
Sec. 222. FAA task force on flight standards reform. 
Sec. 223. Centralized safety guidance database. 
Sec. 224. Regulatory Consistency Communications Board. 
Subtitle D—Safety Workforce 
Sec. 231. Safety workforce training strategy. 
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132 STAT. 3188 
PUBLIC LAW 115–254—OCT. 5, 2018 
Sec. 232. Workforce review. 
Subtitle E—International Aviation 
Sec. 241. Promotion of United States aerospace standards, products, and services 
abroad. 
Sec. 242. Bilateral exchanges of safety oversight responsibilities. 
Sec. 243. FAA leadership abroad. 
Sec. 244. Registration, certification, and related fees. 
TITLE III—SAFETY 
Subtitle A—General Provisions 
Sec. 301. Definitions. 
Sec. 302. FAA technical training. 
Sec. 303. Safety critical staffing. 
Sec. 304. International efforts regarding tracking of civil aircraft. 
Sec. 305. Aircraft data access and retrieval systems. 
Sec. 306. Advanced cockpit displays. 
Sec. 307. Emergency medical equipment on passenger aircraft. 
Sec. 308. FAA and NTSB review of general aviation safety. 
Sec. 309. Call to action airline engine safety review. 
Sec. 310. Sense of Congress on access to air carrier flight decks. 
Sec. 311. Part 135 accident and incident data. 
Sec. 312. Sense of Congress; pilot in command authority. 
Sec. 313. Report on conspicuity needs for surface vehicles operating on the airside 
of air carrier served airports. 
Sec. 314. Helicopter air ambulance operations data and reports. 
Sec. 315. Aviation rulemaking committee for part 135 pilot rest and duty rules. 
Sec. 316. Report on obsolete test equipment. 
Sec. 317. Helicopter fuel system safety. 
Sec. 318. Applicability of medical certification standards to operators of air bal-
loons. 
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 Sys-
tem. 
Sec. 332. Airport rescue and firefighting. 
Sec. 333. Safe air transportation of lithium cells and batteries. 
Sec. 334. Runway safety. 
Sec. 335. Flight attendant duty period limitations and rest requirements. 
Sec. 336. Secondary cockpit barriers. 
Sec. 337. Aircraft cabin evacuation procedures. 
Sec. 338. Sense of Congress. 
Sec. 339. Civil penalties for interference. 
Sec. 339A. National in-flight sexual misconduct task force. 
Sec. 339B. Reporting process for sexual misconduct onboard aircraft. 
Subtitle B—Unmanned Aircraft Systems 
Sec. 341. Definitions; Integration of civil unmanned aircraft systems into national 
airspace system. 
Sec. 342. Update of FAA comprehensive plan. 
Sec. 343. Unmanned aircraft test ranges. 
Sec. 344. Small unmanned aircraft in the Arctic. 
Sec. 345. Small unmanned aircraft safety standards. 
Sec. 346. Public unmanned aircraft systems. 
Sec. 347. Special authority for certain unmanned aircraft systems. 
Sec. 348. Carriage of property by small unmanned aircraft systems for compensa-
tion or hire. 
Sec. 349. Exception for limited recreational operations of unmanned aircraft. 
Sec. 350. Use of unmanned aircraft systems at institutions of higher education. 
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132 STAT. 3189 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 adminis-
tration. 
Sec. 368. Public UAS access to special use airspace. 
Sec. 369. Applications for designation. 
Sec. 370. Sense of Congress on additional rulemaking authority. 
Sec. 371. Assessment of aircraft registration for small unmanned aircraft. 
Sec. 372. Enforcement. 
Sec. 373. Federal and local authorities. 
Sec. 374. Spectrum. 
Sec. 375. Federal Trade Commission authority. 
Sec. 376. Plan for full operational capability of unmanned aircraft systems traffic 
management. 
Sec. 377. Early implementation of certain UTM services. 
Sec. 378. Sense of Congress. 
Sec. 379. Commercial and governmental operators. 
Sec. 380. Transition language. 
Sec. 381. Unmanned aircraft systems in restricted buildings or grounds. 
Sec. 382. Prohibition. 
Sec. 383. Airport safety and airspace hazard mitigation and enforcement. 
Sec. 384. Unsafe operation of unmanned aircraft. 
Subtitle C—General Aviation Safety 
Sec. 391. Short title. 
Sec. 392. Expansion of Pilot’s Bill of Rights. 
Sec. 393. Notification of reexamination of certificate holders. 
Sec. 394. Expediting updates to NOTAM Program. 
Sec. 395. Accessibility of certain flight data. 
Sec. 396. Authority for legal counsel to issue certain notices. 
TITLE IV—AIR SERVICE IMPROVEMENTS 
Subtitle A—Airline Customer Service Improvements 
Sec. 401. Definitions. 
Sec. 402. Reliable air service in American Samoa. 
Sec. 403. Cell phone voice communication ban. 
Sec. 404. Improved notification of insecticide use. 
Sec. 405. Consumer complaints hotline. 
Sec. 406. Consumer information on actual flight times. 
Sec. 407. Training policies regarding racial, ethnic, and religious nondiscrimina-
tion. 
Sec. 408. Training on human trafficking for certain staff. 
Sec. 409. Prohibitions against smoking on passenger flights. 
Sec. 410. Report on baggage reporting requirements. 
Sec. 411. Enforcement of aviation consumer protection rules. 
Sec. 412. Strollers. 
Sec. 413. Causes of airline delays or cancellations. 
Sec. 414. Involuntary changes to itineraries. 
Sec. 415. Extension of Advisory Committee for Aviation Consumer Protection. 
Sec. 416. Online access to aviation consumer protection information. 
Sec. 417. Protection of pets on airplanes. 
Sec. 418. Advisory committee on air ambulance and patient billing. 
Sec. 419. Air ambulance complaints to the Department of Transportation. 
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132 STAT. 3190 
PUBLIC LAW 115–254—OCT. 5, 2018 
Sec. 420. Report to Congress on air ambulance oversight. 
Sec. 421. Refunds for other fees that are not honored by a covered air carrier. 
Sec. 422. Advance boarding during pregnancy. 
Sec. 423. Consumer complaint process improvement. 
Sec. 424. Aviation consumer advocate. 
Sec. 425. TICKETS Act. 
Sec. 426. Report on availability of lavatories on commercial aircraft. 
Sec. 427. Consumer protection requirements relating to large ticket agents. 
Sec. 428. Widespread disruptions. 
Sec. 429. Passenger rights. 
Subtitle B—Aviation Consumers With Disabilities 
Sec. 431. Aviation consumers with disabilities study. 
Sec. 432. Study on in-cabin wheelchair restraint systems. 
Sec. 433. Improving wheelchair assistance for individuals with disabilities. 
Sec. 434. Airline Passengers with Disabilities Bill of Rights. 
Sec. 435. Sense of Congress regarding equal access for individuals with disabilities. 
Sec. 436. Civil penalties relating to harm to passengers with disabilities. 
Sec. 437. Harmonization of service animal standards. 
Sec. 438. Review of practices for ticketing, pre-flight seat assignments, and stowing 
of assistive devices for passengers with disabilities. 
Sec. 439. Advisory committee on the air travel needs of passengers with disabil-
ities. 
Sec. 440. Regulations ensuring assistance for passengers with disabilities in air 
transportation. 
Sec. 441. Transparency for disabled passengers. 
Subtitle C—Small Community Air Service 
Sec. 451. Essential air service authorization. 
Sec. 452. Study on essential air service reform. 
Sec. 453. Air transportation to noneligible places. 
Sec. 454. Inspector general review of service and oversight of unsubsidized carriers. 
Sec. 455. Small community air service. 
Sec. 456. Waivers. 
Sec. 457. Extension of final order establishing mileage adjustment eligibility. 
Sec. 458. Reduction in subsidy-per-passenger. 
TITLE V—MISCELLANEOUS 
Sec. 501. Definitions. 
Sec. 502. Report on air traffic control modernization. 
Sec. 503. Return on investment report. 
Sec. 504. Air traffic control operational contingency plans. 
Sec. 505. 2020 ADS-B Out mandate plan. 
Sec. 506. Securing aircraft avionics systems. 
Sec. 507. Human factors. 
Sec. 508. Programmatic risk management. 
Sec. 509. Review of FAA strategic cybersecurity plan. 
Sec. 510. Consolidation and realignment of FAA services and facilities. 
Sec. 511. FAA review and reform. 
Sec. 512. Air shows. 
Sec. 513. Part 91 review, reform, and streamlining. 
Sec. 514. Aircraft leasing. 
Sec. 515. Pilots sharing flight expenses with passengers. 
Sec. 516. Terminal Aerodrome Forecast. 
Sec. 517. Public aircraft eligible for logging flight times. 
Sec. 518. Aircraft Registry Office. 
Sec. 519. FAA data transparency. 
Sec. 520. Intra-agency coordination. 
Sec. 521. Administrative Services Franchise Fund. 
Sec. 522. Automatic dependent surveillance-broadcast. 
Sec. 523. Contract weather observers. 
Sec. 524. Regions and centers. 
Sec. 525. Geosynthetic materials. 
Sec. 526. National Airmail Museum. 
Sec. 527. Status of agreement between FAA and Little Rock Port Authority. 
Sec. 528. Briefing on aircraft diversions from Los Angeles International Airport to 
Hawthorne Municipal Airport. 
Sec. 529. TFR report. 
Sec. 530. Air traffic services at aviation events. 
Sec. 531. Application of veterans’ preference to Federal Aviation Administration 
personnel management system. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
Sec. 532. Clarification of requirements for living history flights. 
Sec. 533. Review and reform of FAA performance management system. 
Sec. 534. NextGen delivery study. 
Sec. 535. Study on allergic reactions. 
Sec. 536. Oxygen mask design study. 
Sec. 537. Air cargo study. 
Sec. 538. Sense of Congress on preventing the transportation of disease-carrying 
mosquitoes and other insects on commercial aircraft. 
Sec. 539. Technical corrections. 
Sec. 540. Report on illegal charter flights. 
Sec. 541. Use of NASA’s super guppy aircraft for commercial transport. 
Sec. 542. Prohibited airspace assessment. 
Sec. 543. Report on multiagency use of airspace and environmental review. 
Sec. 544. Agency procurement reporting requirements. 
Sec. 545. FAA organizational reform. 
Sec. 546. FAA Civil Aviation Registry upgrade. 
Sec. 547. Enhanced air traffic services. 
Sec. 548. Sense of Congress on artificial intelligence in aviation. 
Sec. 549. Study on cybersecurity workforce of FAA. 
Sec. 550. Treatment of multiyear lessees of large and turbine-powered multiengine 
aircraft. 
Sec. 551. Employee Assault Prevention and Response Plans. 
Sec. 552. Study on training of customer-facing air carrier employees. 
Sec. 553. Automated weather observing systems policy. 
Sec. 554. Prioritizing and supporting the Human Intervention Motivation Study 
(HIMS) program and the Flight Attendant Drug and Alcohol Program 
(FADAP). 
Sec. 555. Cost-effectiveness analysis of equipment rental. 
Sec. 556. Aircraft registration. 
Sec. 557. Requirement to consult with stakeholders in defining scope and require-
ments 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 man-
agement system. 
Sec. 562. Enhanced surveillance capability. 
Sec. 563. Access of air carriers to information about applicants to be pilots from na-
tional 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 ap-
proval procedures. 
Sec. 579. Regulatory streamlining. 
Sec. 580. Spaceports. 
Sec. 581. Special rule for certain aircraft operations (space support vehicles). 
Sec. 582. Portability of repairman certificates. 
Sec. 583. Undeclared hazardous materials public awareness campaign. 
Sec. 584. Liability protection for volunteer pilots who fly for the public benefit. 
TITLE VI—AVIATION WORKFORCE 
Subtitle A—Youth in Aviation 
Sec. 601. Student outreach report. 
Sec. 602. Youth Access to American Jobs in Aviation Task Force. 
Subtitle B—Women in Aviation 
Sec. 611. Sense of Congress regarding women in aviation. 
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132 STAT. 3192 
PUBLIC LAW 115–254—OCT. 5, 2018 
Sec. 612. Supporting women’s involvement in the aviation field. 
Subtitle C—Future of Aviation Workforce 
Sec. 621. Aviation and aerospace workforce of the future. 
Sec. 622. Aviation and aerospace workforce of the future study. 
Sec. 623. Sense of Congress on hiring veterans. 
Sec. 624. Aviation maintenance industry technical workforce. 
Sec. 625. Aviation workforce development programs. 
Subtitle D—Unmanned Aircraft Systems Workforce 
Sec. 631. Community and technical college centers of excellence in small unmanned 
aircraft system technology training. 
Sec. 632. Collegiate training initiative program for unmanned aircraft systems. 
TITLE VII—FLIGHT R&D ACT 
Subtitle A—General Provisions 
Sec. 701. Short title. 
Sec. 702. Definitions. 
Sec. 703. Authorization of appropriations. 
Subtitle B—FAA Research and Development Organization 
Sec. 711. Assistant Administrator for Research and Development. 
Sec. 712. Research advisory committee. 
Subtitle C—Unmanned Aircraft Systems 
Sec. 721. Unmanned aircraft systems research and development roadmap. 
Subtitle D—Cybersecurity and Responses to Other Threats 
Sec. 731. Cyber Testbed. 
Sec. 732. Study on the effect of extreme weather on air travel. 
Subtitle E—FAA Research and Development Activities 
Sec. 741. Research plan for the certification of new technologies into the national 
airspace system. 
Sec. 742. Technology review. 
Sec. 743. CLEEN aircraft and engine technology partnership. 
Sec. 744. Research and deployment of certain airfield pavement technologies. 
Subtitle F—Geospatial Data 
Sec. 751. Short title; findings. 
Sec. 752. Definitions. 
Sec. 753. Federal Geographic Data Committee. 
Sec. 754. National Geospatial Advisory Committee. 
Sec. 755. National Spatial Data Infrastructure. 
Sec. 756. National Geospatial Data Asset data themes. 
Sec. 757. Geospatial data standards. 
Sec. 758. GeoPlatform. 
Sec. 759. Covered agency responsibilities. 
Sec. 759A. Limitation on use of Federal funds. 
Sec. 759B. Savings provision. 
Sec. 759C. Private sector. 
Subtitle G—Miscellaneous 
Sec. 761. NextGen research. 
Sec. 762. Advanced Materials Center of Excellence. 
TITLE VIII—AVIATION REVENUE PROVISIONS 
Sec. 801. Expenditure authority from Airport and Airway Trust Fund. 
Sec. 802. Extension of taxes funding Airport and Airway Trust Fund. 
DIVISION C—NATIONAL TRANSPORTATION SAFETY BOARD 
REAUTHORIZATION ACT OF 2018 
Sec. 1101. Short title. 
Sec. 1102. Definitions. 
Sec. 1103. Authorization of appropriations. 
Sec. 1104. Still images. 
Sec. 1105. Electronic records. 
Sec. 1106. Report on Most Wanted List methodology. 
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Sec. 1107. Methodology. 
Sec. 1108. Multimodal accident database management system. 
Sec. 1109. Addressing the needs of families of individuals involved in accidents. 
Sec. 1110. Government Accountability Office report on investigation launch deci-
sion-making processes. 
Sec. 1111. Periodic review of safety recommendations. 
Sec. 1112. General organization. 
Sec. 1113. Technical and conforming amendments. 
DIVISION D—DISASTER RECOVERY REFORM 
Sec. 1201. Short title. 
Sec. 1202. Applicability. 
Sec. 1203. Definitions. 
Sec. 1204. Wildfire prevention. 
Sec. 1205. Additional activities. 
Sec. 1206. Eligibility for code implementation and enforcement. 
Sec. 1207. Program improvements. 
Sec. 1208. Prioritization of facilities. 
Sec. 1209. Guidance on evacuation routes. 
Sec. 1210. Duplication of benefits. 
Sec. 1211. State administration of assistance for direct temporary housing and per-
manent 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 sheet-
ing. 
Sec. 1227. Relief organizations. 
Sec. 1228. Guidance on inundated and submerged roads. 
Sec. 1229. Extension of assistance. 
Sec. 1230. Guidance and recommendations. 
Sec. 1231. Guidance on hazard mitigation assistance. 
Sec. 1232. Local impact. 
Sec. 1233. Additional hazard mitigation activities. 
Sec. 1234. National public infrastructure predisaster hazard mitigation. 
Sec. 1235. Additional mitigation activities. 
Sec. 1236. Guidance and training by FEMA on coordination of emergency response 
plans. 
Sec. 1237. Certain recoupment prohibited. 
Sec. 1238. Federal assistance to individuals and households and nonprofit facilities. 
Sec. 1239. Cost of assistance estimates. 
Sec. 1240. Report on insurance shortfalls. 
Sec. 1241. Post disaster building safety assessment. 
Sec. 1242. FEMA updates on national preparedness assessment. 
Sec. 1243. FEMA report on duplication in non-natural disaster preparedness grant 
programs. 
Sec. 1244. Study and report. 
Sec. 1245. Review of assistance for damaged underground water infrastructure. 
Sec. 1246. Extension. 
DIVISION E—CONCRETE MASONRY 
Sec. 1301. Short title. 
Sec. 1302. Declaration of policy. 
Sec. 1303. Definitions. 
Sec. 1304. Issuance of orders. 
Sec. 1305. Required terms in orders. 
Sec. 1306. Assessments. 
Sec. 1307. Referenda. 
Sec. 1308. Petition and review. 
Sec. 1309. Enforcement. 
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132 STAT. 3194 
PUBLIC LAW 115–254—OCT. 5, 2018 
Sec. 1310. Investigation and power to subpoena. 
Sec. 1311. Suspension or termination. 
Sec. 1312. Amendments to orders. 
Sec. 1313. Effect on other laws. 
Sec. 1314. Regulations. 
Sec. 1315. Limitation on expenditures for administrative expenses. 
Sec. 1316. Limitations on obligation of funds. 
Sec. 1317. Study and report by the Government Accountability Office. 
Sec. 1318. Study and report by the Department of Commerce. 
DIVISION F—BUILD ACT OF 2018 
Sec. 1401. Short title. 
Sec. 1402. Definitions. 
TITLE I—ESTABLISHMENT 
Sec. 1411. Statement of policy. 
Sec. 1412. United States International Development Finance Corporation. 
Sec. 1413. Management of Corporation. 
Sec. 1414. Inspector General of the Corporation. 
Sec. 1415. Independent accountability mechanism. 
TITLE II—AUTHORITIES 
Sec. 1421. Authorities relating to provision of support. 
Sec. 1422. Terms and conditions. 
Sec. 1423. Payment of losses. 
Sec. 1424. Termination. 
TITLE III—ADMINISTRATIVE AND GENERAL PROVISIONS 
Sec. 1431. Operations. 
Sec. 1432. Corporate powers. 
Sec. 1433. Maximum contingent liability. 
Sec. 1434. Corporate funds. 
Sec. 1435. Coordination with other development agencies. 
TITLE IV—MONITORING, EVALUATION, AND REPORTING 
Sec. 1441. Establishment of risk and audit committees. 
Sec. 1442. Performance measures, evaluation, and learning. 
Sec. 1443. Annual report. 
Sec. 1444. Publicly available project information. 
Sec. 1445. Engagement with investors. 
Sec. 1446. Notifications to be provided by the Corporation. 
TITLE V—CONDITIONS, RESTRICTIONS, AND PROHIBITIONS 
Sec. 1451. Limitations and preferences. 
Sec. 1452. Additionality and avoidance of market distortion. 
Sec. 1453. Prohibition on support in countries that support terrorism or violate 
human rights and with sanctioned persons. 
Sec. 1454. Applicability of certain provisions of law. 
TITLE VI—TRANSITIONAL PROVISIONS 
Sec. 1461. Definitions. 
Sec. 1462. Reorganization plan. 
Sec. 1463. Transfer of functions. 
Sec. 1464. Termination of Overseas Private Investment Corporation and other 
superceded authorities. 
Sec. 1465. Transitional authorities. 
Sec. 1466. Savings provisions. 
Sec. 1467. Other terminations. 
Sec. 1468. Incidental transfers. 
Sec. 1469. Reference. 
Sec. 1470. Conforming amendments. 
DIVISION G—SYRIA STUDY GROUP 
Sec. 1501. Syria Study Group. 
DIVISION H—PREVENTING EMERGING THREATS 
Sec. 1601. Short title. 
Sec. 1602. Protection of certain facilities and assets from unmanned aircraft. 
Sec. 1603. Protecting against unmanned aircraft. 
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132 STAT. 3195 
PUBLIC LAW 115–254—OCT. 5, 2018 
DIVISION I—SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF, 
2018 
Sec. 1701. Budgetary effects. 
DIVISION J—MARITIME SECURITY 
Sec. 1801. Short title. 
Sec. 1802. Definitions. 
Sec. 1803. Coordination with TSA on maritime facilities. 
Sec. 1804. Strategic plan to enhance the security of the international supply chain. 
Sec. 1805. Cybersecurity information sharing and coordination in ports. 
Sec. 1806. Facility inspection intervals. 
Sec. 1807. Updates of maritime operations coordination plan. 
Sec. 1808. Evaluation of Coast Guard deployable specialized forces. 
Sec. 1809. Repeal of interagency operational centers for port security and secure 
systems of transportation. 
Sec. 1810. Duplication of efforts in the maritime domain. 
Sec. 1811. Maritime security capabilities assessments. 
Sec. 1812. Container Security Initiative. 
Sec. 1813. Maritime border security review. 
Sec. 1814. Maritime border security cooperation. 
Sec. 1815. Transportation worker identification credential appeals process. 
Sec. 1816. Technical and conforming amendments. 
DIVISION K—TRANSPORTATION SECURITY 
TITLE I—TRANSPORTATION SECURITY 
Sec. 1901. Short title; references. 
Sec. 1902. Definitions. 
Subtitle A—Organization and Authorizations 
Sec. 1903. Authorization of appropriations. 
Sec. 1904. Administrator of the Transportation Security Administration; 5-year 
term. 
Sec. 1905. Transportation Security Administration organization. 
Sec. 1906. Transportation Security Administration efficiency. 
Sec. 1907. Personnel management system review. 
Sec. 1908. TSA leap pay reform. 
Sec. 1909. Rank awards program for transportation security administration execu-
tives 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. 
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132 STAT. 3196 
PUBLIC LAW 115–254—OCT. 5, 2018 
Subtitle D—Passenger and Cargo Security 
Sec. 1937. PreCheck Program. 
Sec. 1938. PreCheck expedited screening. 
Sec. 1939. Trusted traveler programs; collaboration. 
Sec. 1940. Passenger security fee. 
Sec. 1941. Third party canine teams for air cargo security. 
Sec. 1942. Known Shipper Program review. 
Sec. 1943. Establishment of air cargo security division. 
Sec. 1944. Air cargo regulation review. 
Sec. 1945. GAO review. 
Sec. 1946. Screening partnership program updates. 
Sec. 1947. Screening performance assessments. 
Sec. 1948. Transportation security training programs. 
Sec. 1949. Traveler redress improvement. 
Sec. 1950. Improvements for screening of passengers with disabilities. 
Sec. 1951. Air cargo advance screening program. 
Sec. 1952. General aviation airports. 
Subtitle E—Foreign Airport Security 
Sec. 1953. Last point of departure airports; security directives. 
Sec. 1954. Last point of departure airport assessment. 
Sec. 1955. Tracking security screening equipment from last point of departure air-
ports. 
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 coordina-
tion 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 transpor-
tation systems. 
Sec. 1973. Amtrak security upgrades. 
Sec. 1974. Passenger rail vetting. 
Sec. 1975. Study on surface transportation inspectors. 
Sec. 1976. Security awareness program. 
Sec. 1977. Voluntary use of credentialing. 
Sec. 1978. Background records checks for issuance of hazmat licenses. 
Sec. 1979. Cargo container scanning technology review. 
Sec. 1980. Pipeline security study. 
Sec. 1981. Feasibility assessment. 
Sec. 1982. Best practices to secure against vehicle-based attacks. 
Sec. 1983. Surface transportation stakeholder survey. 
Sec. 1984. Nuclear material and explosive detection technology. 
Subtitle H—Transportation Security 
Sec. 1985. National strategy for transportation security review. 
Sec. 1986. Risk scenarios. 
Sec. 1987. Integrated and unified operations centers. 
Sec. 1988. National Deployment Force. 
Sec. 1989. Information sharing and cybersecurity. 
Sec. 1990. Security technologies tied to foreign threat countries. 
Subtitle I—Conforming and Miscellaneous Amendments 
Sec. 1991. Title 49 amendments. 
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132 STAT. 3197 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 PROFES-
SIONALS. 
(a) IN GENERAL.—In the case of a covered sports medicine 
professional who has in effect medical professional liability insur-
ance 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 agree-
ment 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 pro-
vided by the professional in the secondary State to such an 
individual or team as if such services were provided by such 
professional in the primary State to such an individual or 
team; and 
(2) to the extent such professional is licensed under the 
requirements of the primary State to provide such services 
to such an individual or team, the professional shall be treated 
as satisfying any licensure requirements of the secondary State 
to provide such services to such an individual or team to the 
extent the licensure requirements of the secondary State are 
substantially similar to the licensure requirements of the pri-
mary State. 
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed— 
(1) to allow a covered sports medicine professional to pro-
vide 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 pro-
vide 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 profes-
sionals; or 
(5) to supersede a licensure exemption the secondary State 
provides for sports medicine professionals licensed in the pri-
mary State. 
(c) DEFINITIONS.—In this division, the following definitions 
apply: 
(1) ATHLETE.—The term ‘‘athlete’’ means— 
15 USC 8601. 
15 USC 8601 
note. 
Sports Medicine 
Licensure Clarity 
Act of 2018. 
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132 STAT. 3198 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) an individual participating in a sporting event or 
activity for which the individual may be paid; 
(B) an individual participating in a sporting event or 
activity sponsored or sanctioned by a national governing 
body; or 
(C) an individual for whom a high school or institution 
of higher education provides a covered sports medicine 
professional. 
(2) ATHLETIC TEAM.—The term ‘‘athletic team’’ means a 
sports team— 
(A) composed of individuals who are paid to participate 
on the team; 
(B) composed of individuals who are participating in 
a sporting event or activity sponsored or sanctioned by 
a national governing body; or 
(C) for which a high school or an institution of higher 
education provides a covered sports medicine professional. 
(3) COVERED MEDICAL SERVICES.—The term ‘‘covered med-
ical 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 indi-
vidual to a health care facility. 
(4) COVERED SPORTS MEDICINE PROFESSIONAL.—The term 
‘‘covered sports medicine professional’’ means a physician, ath-
letic trainer, or other health care professional who— 
(A) is licensed to practice in the primary State; 
(B) provides covered medical services, pursuant to a 
written agreement with an athlete, an athletic team, a 
national governing body, a high school, or an institution 
of higher education; and 
(C) prior to providing the covered medical services 
described in subparagraph (B), has disclosed the nature 
and extent of such services to the entity that provides 
the professional with liability insurance in the primary 
State. 
(5) HEALTH CARE FACILITY.—The term ‘‘health care facility’’ 
means a facility in which medical care, diagnosis, or treatment 
is provided on an inpatient or outpatient basis. Such term 
does not include facilities at an arena, stadium, or practice 
facility, or temporary facilities existing for events where ath-
letes or athletic teams may compete. 
(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion 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. 
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132 STAT. 3199 
PUBLIC LAW 115–254—OCT. 5, 2018 
(8) NATIONAL GOVERNING BODY.—The term ‘‘national gov-
erning body’’ has the meaning given such term in section 
220501 of title 36, United States Code. 
(9) PRIMARY STATE.—The term ‘‘primary State’’ means, with 
respect to a covered sports medicine professional, the State 
in which— 
(A) the covered sports medicine professional is licensed 
to practice; and 
(B) the majority of the covered sports medicine profes-
sional’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, terri-
tory, 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 Infrastruc-
ture of the House of Representatives. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA Programs 
SEC. 111. AIRPORT PLANNING AND DEVELOPMENT AND NOISE 
COMPATIBILITY PLANNING AND PROGRAMS. 
(a) AUTHORIZATION.—Section 48103(a) of title 49, United States 
Code, is amended by striking ‘‘section 47504(c)’’ and all that follows 
through the period at the end and inserting the following: ‘‘section 
47504(c)— 
‘‘(1) $3,350,000,000 for fiscal year 2018; 
‘‘(2) $3,350,000,000 for fiscal year 2019; 
‘‘(3) $3,350,000,000 for fiscal year 2020; 
‘‘(4) $3,350,000,000 for fiscal year 2021; 
‘‘(5) $3,350,000,000 for fiscal year 2022; and 
‘‘(6) $3,350,000,000 for fiscal year 2023.’’. 
(b) OBLIGATION AUTHORITY.—Section 47104(c) of title 49, United 
States Code, is amended in the matter preceding paragraph (1) 
by striking ‘‘2018,’’ and inserting ‘‘2023,’’. 
49 USC 40101 
note. 
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132 STAT. 3200 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 112. FACILITIES AND EQUIPMENT. 
(a) AUTHORIZATION OF APPROPRIATIONS FROM AIRPORT AND AIR-
WAY TRUST FUND.—Section 48101(a) of title 49, United States Code, 
is amended by striking paragraphs (1) through (5) and inserting 
the following: 
‘‘(1) $3,330,000,000 for fiscal year 2018. 
‘‘(2) $3,398,000,000 for fiscal year 2019. 
‘‘(3) $3,469,000,000 for fiscal year 2020. 
‘‘(4) $3,547,000,000 for fiscal year 2021. 
‘‘(5) $3,624,000,000 for fiscal year 2022. 
‘‘(6) $3,701,000,000 for fiscal year 2023.’’. 
(b) AUTHORIZED EXPENDITURES.—Section 48101(c) of title 49, 
United States Code, is amended— 
(1) in the subsection heading by striking ‘‘Automated Sur-
face 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 cyberse-
curity vulnerabilities in the air traffic control system. 
‘‘(4) The construction of facilities dedicated to improving 
the cybersecurity of the National Airspace System. 
‘‘(5) Systems associated with the Data Communications 
program. 
‘‘(6) The infrastructure, sustainment, and the elimination 
of the deferred maintenance backlog of air navigation facilities 
and other facilities for which the Federal Aviation Administra-
tion is responsible. 
‘‘(7) The modernization and digitization of the Civil Aviation 
Registry. 
‘‘(8) The construction of necessary Priority 1 National Air-
space System facilities. 
‘‘(9) Cost-beneficial construction, rehabilitation, or retro-
fitting programs designed to reduce Federal Aviation Adminis-
tration facility operating costs.’’. 
SEC. 113. FAA OPERATIONS. 
(a) IN GENERAL.—Section 106(k)(1) of title 49, United States 
Code, is amended by striking subparagraphs (A) through (F) and 
inserting the following: 
‘‘(A) $10,247,000,000 for fiscal year 2018; 
‘‘(B) $10,486,000,000 for fiscal year 2019; 
‘‘(C) $10,732,000,000 for fiscal year 2020; 
‘‘(D) $11,000,000,000 for fiscal year 2021; 
‘‘(E) $11,269,000,000 for fiscal year 2022; and 
‘‘(F) $11,537,000,000 for fiscal year 2023.’’. 
(b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) of title 49, 
United States Code, is amended by adding at the end the following: 
‘‘(D) Not more than the following amounts for commer-
cial space transportation activities: 
‘‘(i) $22,587,000 for fiscal year 2018. 
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132 STAT. 3201 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(ii) $33,038,000 for fiscal year 2019. 
‘‘(iii) $43,500,000 for fiscal year 2020. 
‘‘(iv) $54,970,000 for fiscal year 2021. 
‘‘(v) $64,449,000 for fiscal year 2022. 
‘‘(vi) $75,938,000 for fiscal year 2023.’’. 
(c) AUTHORITY TO TRANSFER FUNDS.—Section 106(k)(3) of title 
49, United States Code, is amended by striking ‘‘fiscal years 2012 
through 2018,’’ and inserting ‘‘fiscal years 2018 through 2023,’’. 
SEC. 114. WEATHER REPORTING PROGRAMS. 
Section 48105 of title 49, United States Code, is amended— 
(1) by striking ‘‘To reimburse the’’ and all that follows 
through ‘‘the Secretary of Transportation’’ and inserting ‘‘To 
sustain the aviation weather reporting programs of the Federal 
Aviation Administration, the Secretary of Transportation’’; and 
(2) by adding at the end the following: 
‘‘(4) $39,000,000 for each of fiscal years 2019 through 
2023.’’. 
SEC. 115. ADJUSTMENT TO AIP PROGRAM FUNDING. 
Section 48112 of title 49, United States Code, and the item 
relating to such section in the analysis for chapter 481 of such 
title, are repealed. 
SEC. 116. FUNDING FOR AVIATION PROGRAMS. 
Section 48114(a)(1)(A)(ii) of title 49, United States Code, is 
amended by striking ‘‘in fiscal year 2014 and each fiscal year 
thereafter’’ and inserting ‘‘in fiscal years 2014 through 2018’’. 
SEC. 117. EXTENSION OF EXPIRING AUTHORITIES. 
(a) MARSHALL
ISLANDS, MICRONESIA, AND
PALAU.—Section 
47115 of title 49, United States Code, is amended— 
(1) by striking subsection (i); 
(2) by redesignating subsection (j) as subsection (i); and 
(3) in subsection (i) (as so redesignated), by striking ‘‘fiscal 
years 2012 through 2018’’ and inserting ‘‘fiscal years 2018 
through 2023’’. 
(b) EXTENSION
OF COMPATIBLE LAND USE PLANNING
AND 
PROJECTS BY STATE AND LOCAL GOVERNMENTS.—Section 47141(f) 
of title 49, United States Code, is amended by striking ‘‘September 
30, 2018’’ and inserting ‘‘September 30, 2023’’. 
(c) MIDWAY ISLAND AIRPORT.—Section 186(d) of the Vision 
100—Century of Aviation Reauthorization Act (Public Law 108– 
176; 117 Stat. 2518) is amended by striking ‘‘for fiscal years 2012 
through 2018’’ and inserting ‘‘for fiscal years 2018 through 2023’’. 
(d) EXTENSION
OF PILOT PROGRAM
FOR REDEVELOPMENT
OF 
AIRPORT PROPERTIES.—Section 822(k) of the FAA Modernization 
and 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.—Sec-
tion 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 
49 USC 
prec. 48101. 
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132 STAT. 3202 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) by striking subparagraphs (A) and (B). 
(b) 
PILOT
PROGRAM
FOR
PASSENGER
FACILITY
CHARGE 
AUTHORIZATIONS AT NONHUB AIRPORTS.—Section 40117(l) of title 
49, United States Code, is amended— 
(1) in the heading, by striking ‘‘AT NONHUB AIRPORTS’’; 
(2) in paragraph (1), by striking ‘‘nonhub’’; and 
(3) in paragraph (6), by striking ‘‘Not later than 180 days 
after the date of enactment of this subsection, the’’ and inserting 
‘‘The’’. 
SEC. 122. FUTURE AVIATION INFRASTRUCTURE AND FINANCING 
STUDY. 
(a) 
FUTURE
AVIATION
INFRASTRUCTURE
AND
FINANCING 
STUDY.—Not later than 60 days after the date of enactment of 
this Act, the Secretary of Transportation shall enter into an agree-
ment with a qualified organization to conduct a study assessing 
the infrastructure needs of airports and existing financial resources 
for commercial service airports and make recommendations on the 
actions needed to upgrade the national aviation infrastructure 
system to meet the growing and shifting demands of the 21st 
century. 
(b) CONSULTATION.—In carrying out the study, the qualified 
organization shall convene and consult with a panel of national 
experts, including representatives of— 
(1) nonhub airports; 
(2) small hub airports; 
(3) medium hub airports; 
(4) large hub airports; 
(5) airports with international service; 
(6) nonprimary airports; 
(7) local elected officials; 
(8) relevant labor organizations; 
(9) passengers; 
(10) air carriers; 
(11) the tourism industry; and 
(12) the business travel industry. 
(c) CONSIDERATIONS.—In carrying out the study, the qualified 
organization shall consider— 
(1) the ability of airport infrastructure to meet current 
and projected passenger volumes; 
(2) the available financial tools and resources for airports 
of different sizes; 
(3) the available financing tools and resources for airports 
in rural areas; 
(4) the current debt held by airports, and its impact on 
future construction and capacity needs; 
(5) the impact of capacity constraints on passengers and 
ticket prices; 
(6) the purchasing power of the passenger facility charge 
from the last increase in 2000 to the year of enactment of 
this Act; 
(7) the impact to passengers and airports of indexing the 
passenger facility charge for inflation; 
(8) how long airports are constrained with current pas-
senger facility charge collections; 
(9) the impact of passenger facility charges on promoting 
competition; 
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132 STAT. 3203 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 infra-
structure 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 cap-
ital improvement plans. 
(d) LARGE HUB AIRPORTS.—The study shall, to the extent not 
considered under subsection (c), separately evaluate the infrastruc-
ture requirements of the large hub airports identified in the 
National Plan of Integrated Airport Systems (NPIAS). The evalua-
tion shall— 
(1) analyze the current and future capacity constraints 
of large hub airports; 
(2) quantify large hub airports’ infrastructure require-
ments, including terminal, landside, and airside infrastructure; 
(3) quantify the percentage growth in infrastructure 
requirements of the large hub airports relative to other commer-
cial service airports; 
(4) analyze how much funding from the airport improve-
ment 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 enact-
ment 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 sub-
sections (c) and (d). 
(f) DEFINITION OF QUALIFIED ORGANIZATION.—In this section, 
the term ‘‘qualified organization’’ means an independent nonprofit 
organization that recommends solutions to public policy challenges 
through objective analysis. 
SEC. 123. INTERMODAL ACCESS PROJECTS. 
Not later than 6 months after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall, 
after consideration of all public comments, publish in the Federal 
Register a final policy amendment consistent with the notice pub-
lished 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— 
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132 STAT. 3204 
PUBLIC LAW 115–254—OCT. 5, 2018 
(1) in subsection (a)(17), by striking ‘‘each contract’’ and 
inserting ‘‘if any phase of such project has received funds under 
this subchapter, each contract’’; 
(2) in subsection (r)(3), by striking ‘‘2018’’ and inserting 
‘‘2023’’; and 
(3) by adding at the end the following: 
‘‘(u) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 
‘‘(1) IN GENERAL.—The construction of a covered aircraft 
shall be treated as an aeronautical activity for purposes of— 
‘‘(A) determining an airport’s compliance with a grant 
assurance made under this section or any other provision 
of law; and 
‘‘(B) the receipt of Federal financial assistance for air-
port development. 
‘‘(2) COVERED AIRCRAFT DEFINED.—In this subsection, the 
term ‘covered aircraft’ means an aircraft— 
‘‘(A) used or intended to be used exclusively for rec-
reational 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 govern-
ment providing for the use of airport property for an interim 
compatible recreational purpose at below fair market value. 
‘‘(2) RESTRICTIONS.—This subsection shall apply only— 
‘‘(A) to an agreement regarding airport property that 
was initially entered into before the publication of the 
Federal Aviation Administration’s Policy and Procedures 
Concerning the Use of Airport Revenue, dated February 
16, 1999; 
‘‘(B) if the agreement between the sponsor and the 
local government is subordinate to any existing or future 
agreements between the sponsor and the Secretary, 
including agreements related to a grant assurance under 
this section; 
‘‘(C) to airport property that was acquired under a 
Federal airport development grant program; 
‘‘(D) if the airport sponsor has provided a written state-
ment to the Administrator that the property made available 
for a recreational purpose will not be needed for any aero-
nautical purpose during the next 10 years; 
‘‘(E) if the agreement includes a term of not more 
than 2 years to prepare the airport property for the interim 
compatible recreational purpose and not more than 10 
years of use for that purpose; 
‘‘(F) if the recreational purpose will not impact the 
aeronautical use of the airport; 
‘‘(G) if the airport sponsor provides a certification that 
the sponsor is not responsible for preparation, start-up, 
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132 STAT. 3205 
PUBLIC LAW 115–254—OCT. 5, 2018 
operations, maintenance, or any other costs associated with 
the recreational purpose; and 
‘‘(H) if the recreational purpose is consistent with Fed-
eral land use compatibility criteria under section 47502. 
‘‘(3) STATUTORY CONSTRUCTION.—Nothing in this subsection 
may be construed as permitting a diversion of airport revenue 
for the capital or operating costs associated with the community 
use of airport land.’’. 
SEC. 132. MOTHERS’ ROOMS. 
(a) GRANT ASSURANCES.—Section 47107 of title 49, United 
States Code, as amended by this Act, is further amended by adding 
at the end the following: 
‘‘(w) MOTHERS’ ROOMS.— 
‘‘(1) IN GENERAL.—In fiscal year 2021 and each fiscal year 
thereafter, the Secretary of Transportation may approve an 
application under this subchapter for an airport development 
project grant only if the Secretary receives written assurances 
that the airport owner or operator will maintain— 
‘‘(A) a lactation area in the sterile area of each pas-
senger 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 lacta-
tion area in existence on the date of enactment of this 
Act complies with the requirement in paragraph (1), not-
withstanding the absence of one of the facilities or 
characteristics referred to in the definition of the term 
‘lactation area’ in this subsection. 
‘‘(C) SPECIAL RULE.—The requirement in paragraph (1) 
shall not apply with respect to a project grant application 
for a period of time, determined by the Secretary, if the 
Secretary determines that construction or maintenance 
activities make it impracticable or unsafe for the lactation 
area to be located in the sterile area of the building. 
‘‘(3) DEFINITION.—In this section, the term— 
‘‘(A) ‘lactation area’ means a room or similar accommo-
dation 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 elec-
trical outlet; 
‘‘(iv) is readily accessible to and usable by individ-
uals with disabilities, including individuals who use 
wheelchairs; and 
‘‘(v) is not located in a restroom; and 
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132 STAT. 3206 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(B) ‘sterile area’ has the same meaning given that 
term in section 1540.5 of title 49, Code of Federal Regula-
tions.’’. 
(b) TERMINAL DEVELOPMENT COSTS.—Section 47119(a) of title 
49, United States Code, is amended by adding at the end the 
following: 
‘‘(3) LACTATION
AREAS.—In addition to the projects 
described in paragraph (1), the Secretary may approve a project 
for terminal development for the construction or installation 
of a lactation area (as defined in section 47107(w)) at a commer-
cial service airport.’’. 
SEC. 133. CONTRACT TOWER PROGRAM. 
(a) AIR TRAFFIC CONTROL CONTRACT PROGRAM.— 
(1) SPECIAL
RULE.—Section 47124(b)(1)(B) of title 49, 
United States Code, is amended— 
(A) by striking ‘‘under the program continued under 
this paragraph’’ and inserting ‘‘under the Contract Tower 
Program’’; and 
(B) by striking ‘‘exceeds the benefit for a period of 
18 months after such determination is made’’ and inserting 
the following: ‘‘exceeds the benefit— 
‘‘(i) for the 1-year period after such determination 
is made; or 
‘‘(ii) if an appeal of such determination is 
requested, for the 1-year period described in subsection 
(d)(4)(D).’’. 
(2) EXEMPTION.—Section 47124(b)(3)(D) of title 49, United 
States Code, is amended— 
(A) by striking ‘‘under the program’’ and inserting 
‘‘under the Cost-share Program’’; and 
(B) by adding at the end the following: ‘‘Airports with 
air service provided under part 121 of title 14, Code of 
Federal Regulations, and more than 25,000 passenger 
enplanements in calendar year 2014 shall be exempt from 
any cost-share requirement under this paragraph.’’. 
(3) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.— 
(A) GRANTS.—Section 47124(b)(4)(A) of title 49, United 
States Code, is amended in each of clauses (i)(III) and 
(ii)(III) by inserting ‘‘, including remote air traffic control 
tower equipment certified by the Federal Aviation Adminis-
tration’’ after ‘‘1996’’. 
(B) ELIGIBILITY.—Section 47124(b)(4)(B)(i)(I) of title 49, 
United States Code, is amended by striking ‘‘contract tower 
program established under subsection (a) and continued 
under paragraph (1) or the pilot program established under 
paragraph (3)’’ and inserting ‘‘Contract Tower Program or 
the Cost-share Program’’. 
(C) 
LIMITATION
ON
FEDERAL
SHARE.—Section 
47124(b)(4) of title 49, United States Code, is amended 
by striking subparagraph (C). 
(4) 
BENEFIT-TO-COST
CALCULATION
FOR
PROGRAM 
APPLICANTS.—Section 47124(b)(3) of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(G) BENEFIT-TO-COST CALCULATION.—Not later than 
90 days after receiving an application to the Contract Tower 
Program, the Secretary shall calculate a benefit-to-cost 
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132 STAT. 3207 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 PRO-
GRAM.—In the case of an air traffic control tower that 
is operated under the Contract Tower Program, the Sec-
retary shall not calculate a benefit-to-cost ratio after the 
date of enactment of this subsection with respect to the 
tower unless the Secretary determines that the annual 
aircraft traffic at the airport where the tower is located 
has decreased— 
‘‘(i) by more than 25 percent from the previous 
year; or 
‘‘(ii) by more than 55 percent cumulatively in the 
preceding 3-year period. 
‘‘(2) COSTS TO BE CONSIDERED.—In establishing a benefit- 
to-cost ratio under this section with respect to an air traffic 
control tower, the Secretary shall consider only the following 
costs: 
‘‘(A) The Federal Aviation Administration’s actual cost 
of wages and benefits of personnel working at the tower. 
‘‘(B) The Federal Aviation Administration’s actual tele-
communications costs directly associated with the tower. 
‘‘(C) The Federal Aviation Administration’s costs of 
purchasing and installing any air traffic control equipment 
that would not have been purchased or installed except 
as a result of the operation of the tower. 
‘‘(D) The Federal Aviation Administration’s actual 
travel costs associated with maintaining air traffic control 
equipment that is owned by the Administration and would 
not be maintained except as a result of the operation of 
the tower. 
‘‘(E) Other actual costs of the Federal Aviation 
Administration directly associated with the tower that 
would not be incurred except as a result of the operation 
of the tower (excluding costs for noncontract tower-related 
personnel and equipment, even if the personnel or equip-
ment 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 
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132 STAT. 3208 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 air-
port) at least 90 days following the date of receipt of 
the determination to submit to the Secretary a request 
for an appeal of the determination, together with updated 
or additional data in support of the appeal. 
‘‘(B) Upon receipt of a request for an appeal submitted 
pursuant to subparagraph (A), the Secretary shall— 
‘‘(i) transmit to the Administrator of the Federal 
Aviation Administration any updated or additional 
data submitted in support of the appeal; and 
‘‘(ii) provide the Administrator not more than 90 
days to review the data and provide a response to 
the Secretary based on the review. 
‘‘(C) After receiving a response from the Administrator 
pursuant to subparagraph (B), the Secretary shall— 
‘‘(i) provide the airport, State, or local government 
that requested the appeal at least 30 days to review 
the response; and 
‘‘(ii) withhold from taking further action in connec-
tion with the appeal during that 30-day period. 
‘‘(D) If, after completion of the appeal procedures with 
respect to the determination, the Secretary requires the 
tower to transition into the Cost-share Program, the Sec-
retary 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 contin-
ued 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 estab-
lished under paragraph (3)’’ and inserting ‘‘the Cost-share Pro-
gram’’; 
(2) in paragraph (3)— 
(A) in the heading, by striking ‘‘CONTRACT AIR TRAFFIC 
CONTROL TOWER PROGRAM’’ and inserting ‘‘COST-SHARE PRO-
GRAM’’; 
(B) in subparagraph (A), by striking ‘‘contract tower 
program established under subsection (a) and continued 
under paragraph (1) (in this paragraph referred to as the 
‘Contract Tower Program’)’’ and inserting ‘‘Contract Tower 
Program’’; 
(C) in subparagraph (B), by striking ‘‘In carrying out 
the program’’ and inserting ‘‘In carrying out the Cost-share 
Program’’; 
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132 STAT. 3209 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Avia-
tion Administration has not implemented a revised cost-benefit 
methodology for purposes of determining eligibility for the Con-
tract Tower Program before the date that is 30 days after 
the date of enactment of this Act, any airport with an applica-
tion for participation in the Contract Tower Program pending 
as of January 1, 2017, shall be approved for participation 
in the Contract Tower Program if the Administrator determines 
the tower is eligible under the criteria set forth in the Federal 
Aviation Administration report entitled ‘‘Establishment and 
Discontinuance Criteria for Airport Traffic Control Towers’’, 
and dated August 1990 (FAA–APO–90–7). 
(2) REQUESTS FOR ADDITIONAL AUTHORITY.—The Adminis-
trator 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 accommo-
date flight traffic outside of current tower operational hours. 
(3) DEFINITION OF CONTRACT TOWER PROGRAM.—In this sec-
tion, the term ‘‘Contract Tower Program’’ has the meaning 
given the term in section 47124(e) of title 49, United States 
Code, as added by this Act. 
SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109(a) of title 49, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘primary airport having 
at least .25 percent of the total number of passenger boardings 
each year at all commercial service airports;’’ and inserting 
‘‘medium or large hub airport;’’; and 
(2) by striking paragraph (5) and inserting the following: 
‘‘(5) 95 percent for a project that— 
‘‘(A) the Administrator determines is a successive phase 
of a multiphase construction project for which the sponsor 
received a grant in fiscal year 2011; and 
‘‘(B) for which the United States Government’s share 
of allowable project costs would otherwise be capped at 
90 percent under paragraph (2) or (3).’’. 
SEC. 135. UPDATED VETERANS’ PREFERENCE. 
Section 47112(c)(1)(C) of title 49, United States Code, is 
amended— 
(1) by striking ‘‘or Operation New Dawn for more’’ and 
inserting ‘‘Operation New Dawn, Operation Inherent Resolve, 
Operation Freedom’s Sentinel, or any successor contingency 
operation to such operations for more’’; and 
(2) by striking ‘‘or Operation New Dawn (whichever is 
later)’’ and inserting ‘‘Operation New Dawn, Operation Inherent 
Resolve, Operation Freedom’s Sentinel, or any successor contin-
gency operation to such operations (whichever is later)’’. 
49 USC 47124 
note. 
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132 STAT. 3210 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 136. USE OF STATE HIGHWAY SPECIFICATIONS. 
Section 47114(d)(5) of title 49, United States Code, is amended 
to read as follows: 
‘‘(5) USE
OF
STATE
HIGHWAY
SPECIFICATIONS.—The Sec-
retary 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 stand-
ards.’’. 
SEC. 137. FORMER MILITARY AIRPORTS. 
Section 47118(a) of title 49, United States Code, is amended— 
(1) in paragraph (1)(C), by striking ‘‘or’’ at the end; 
(2) in paragraph (2), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) the airport is— 
‘‘(A) a former military installation that, at any time 
after December 31, 1965, was owned and operated by the 
Department of Defense; and 
‘‘(B) a nonhub primary airport.’’. 
SEC. 138. ELIGIBILITY OF CCTV PROJECTS FOR AIRPORT IMPROVE-
MENT PROGRAM. 
Section 47119(a)(1)(B) is amended— 
(1) by striking ‘‘; and’’ at the end and inserting ‘‘; or’’; 
(2) by striking ‘‘directly related to moving passengers’’ and 
inserting the following: ‘‘directly related to— 
‘‘(i) moving passengers’’; and 
(3) by adding at the end the following: 
‘‘(ii) installing security cameras in the public area 
of the interior and exterior of the terminal; and’’. 
SEC. 139. STATE BLOCK GRANT PROGRAM EXPANSION. 
Section 47128(a) of title 49, United States Code, is amended 
by striking ‘‘not more than 9 qualified States for fiscal years 2000 
and 2001 and 10 qualified States for each fiscal year thereafter’’ 
and inserting ‘‘not more than 20 qualified States for each fiscal 
year’’. 
SEC. 140. NON-MOVEMENT AREA SURVEILLANCE PILOT PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 471 of title 49, United 
States Code, is amended by inserting after section 47142 the fol-
lowing: 
‘‘§ 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— 
49 USC 47143. 
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132 STAT. 3211 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(1) the Administrator determines that such systems and 
sensors would improve safety or capacity in the National Air-
space System; and 
‘‘(2) the non-movement area surveillance surface display 
systems and sensors supplement existing movement area sys-
tems and sensors at the selected airports established under 
other programs administered by the Administrator. 
‘‘(b) PROJECT GRANTS.— 
‘‘(1) IN GENERAL.—For purposes of carrying out the pilot 
program, the Administrator may make a project grant out 
of funds apportioned under paragraph (1) or paragraph (2) 
of section 47114(c) to not more than 5 eligible sponsors to 
acquire and install qualifying non-movement area surveillance 
surface display systems and sensors. The airports selected to 
participate in the pilot program shall have existing Administra-
tion movement area systems and airlines that are participants 
in Federal Aviation Administration’s airport collaborative deci-
sion-making process. 
‘‘(2) DATA EXCHANGE PROCESSES.—As part of the pilot pro-
gram carried out under this section, the Administrator may 
establish data exchange processes to allow airport participation 
in the Administration’s airport collaborative decision-making 
process and fusion of the non-movement surveillance data with 
the Administration’s movement area systems. 
‘‘(c) SUNSET.—This section shall cease to be effective on October 
1, 2023. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) NON-MOVEMENT AREA.—The term ‘non-movement area’ 
means the portion of the airfield surface that is not under 
the control of air traffic control. 
‘‘(2) NON-MOVEMENT AREA SURVEILLANCE SURFACE DISPLAY 
SYSTEMS AND SENSORS.—The term ‘non-movement area surveil-
lance surface display systems and sensors’ means a non-Federal 
surveillance system that uses on-airport sensors that track 
vehicles or aircraft that are equipped with transponders in 
the non-movement area. 
‘‘(3) QUALIFYING NON-MOVEMENT AREA SURVEILLANCE SUR-
FACE 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 
49 USC 
prec. 47101. 
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132 STAT. 3212 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) by inserting ‘‘, or section 47125 of title 49, United 
States Code’’ before the period at the end. 
SEC. 142. STUDY REGARDING TECHNOLOGY USAGE AT AIRPORTS. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall initiate a study on— 
(1) technology developed by international entities (including 
foreign nations and companies) that have been installed in 
American airports and aviation systems over the past decade, 
including the nation where the technology was developed and 
any airports utilizing the technology; and 
(2) aviation safety-related technology developed and imple-
mented 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 enact-
ment of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on the results of the study. 
SEC. 143. STUDY ON AIRPORT REVENUE DIVERSION. 
(a) STUDY.—Not later than 180 days after the date of enactment 
of this Act, the Comptroller General of the United States shall 
initiate a study of— 
(1) the legal and financial challenges related to repealing 
the exception in section 47107(b)(2) of title 49, United States 
Code, for those airports that the Federal Aviation Administra-
tion 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 excep-
tion for airports or the national aviation system. 
(c) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Comptroller General shall submit to the 
appropriate committees of Congress a report on the results of the 
study. 
SEC. 144. GAO STUDY ON THE EFFECT OF GRANTING AN EXCLUSIVE 
RIGHT OF AERONAUTICAL SERVICES TO AN AIRPORT 
SPONSOR. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study to examine the cases in which an airport 
sponsor has exercised an exclusive right (commonly known as a 
proprietary exclusive right), as described in the Federal Aviation 
Advisory Circular 150/1590–6 issued on January 4, 2007. 
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132 STAT. 3213 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) REPORT.—Upon completion of the study described under 
subsection (a), the Comptroller General shall submit to the appro-
priate 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 experi-
ence. The plan should include recommendations on modernizing 
technologies to provide more efficient check-ins, shortened security 
lines, Wi-Fi and GPS upgrades, as well as improvements of aircraft 
turnaround for on-time boarding and flights. The purpose of the 
initiative is to invest in technologies and infrastructure toward 
better-connected airports while providing appropriate national secu-
rity 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 dura-
bility of Type III and Type I glass beads applied to critical 
markings over a 2-year period at not fewer than 2 primary 
airports in varying weather conditions to measure the 
retroreflectivity levels of such markings on a quarterly basis; 
and 
(2) a study at 2 other airports carried out by applying 
Type III glass beads on half of the centerline and Type I 
glass beads to the other half and providing for assessments 
from pilots through surveys administered by a third party 
as to the visibility and performance of the Type III glass beads 
as compared to the Type I glass beads over a 1-year period. 
SEC. 147. GENERAL FACILITIES AUTHORITY. 
Section 44502 of title 49, United States Code, is amended— 
(1) by striking subsection (e) and inserting the following: 
‘‘(e) TRANSFERS OF AIR TRAFFIC SYSTEMS.— 
‘‘(1) IN GENERAL.—An airport may transfer, without consid-
eration, to the Administrator of the Federal Aviation Adminis-
tration, an eligible air traffic system or equipment that con-
forms to performance specifications of the Administrator if a 
Government airport aid program, airport development aid pro-
gram, 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 main-
tain 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 
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132 STAT. 3214 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(C) a Remote Communication Air/Ground and Remote 
Communication Outlet communications facility.’’; and 
(2) by adding at the end the following: 
‘‘(f) AIRPORT SPACE.— 
‘‘(1) RESTRICTION.—The Administrator may not require an 
airport owner or sponsor (as defined in section 47102) to provide 
to the Federal Aviation Administration without cost any of 
the following: 
‘‘(A) Building construction, maintenance, utilities, or 
expenses for services relating to air traffic control, air 
navigation, or weather reporting. 
‘‘(B) Space in a facility owned by the airport owner 
or sponsor for services relating to air traffic control, air 
navigation, or weather reporting. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
may be construed to affect— 
‘‘(A) any agreement the Secretary may have or make 
with an airport owner or sponsor for the airport owner 
or sponsor to provide any of the items described in para-
graph (1)(A) or (1)(B) at below-market rates; or 
‘‘(B) any grant assurance that requires an airport 
owner or sponsor to provide land to the Administration 
without cost for an air traffic control facility.’’. 
SEC. 148. RECYCLING PLANS; UNCATEGORIZED SMALL AIRPORTS. 
(a) PROJECT GRANT APPLICATION APPROVAL.—Section 47106(a) 
of title 49, United States Code, is amended— 
(1) in paragraph (5), by striking ‘‘and’’ at the end; 
(2) in paragraph (6), by inserting ‘‘that includes the project’’ 
before ‘‘, the master plan’’; 
(3) in paragraph (6)(E), by striking the period at the end 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(7) if the project is at an airport that is listed as having 
an unclassified status under the most recent national plan 
of integrated airport systems (as described in section 47103), 
the project will be funded with an amount appropriated under 
section 47114(d)(3)(B) and is— 
‘‘(A) for maintenance of the pavement of the primary 
runway; 
‘‘(B) for obstruction removal for the primary runway; 
‘‘(C) for the rehabilitation of the primary runway; or 
‘‘(D) for a project that the Secretary considers necessary 
for the safe operation of the airport.’’. 
(b) NONPRIMARY APPORTIONMENT.—Section 47114(d)(3) of title 
49, United States Code, is amended by adding at the end the 
following: 
‘‘(C) During fiscal years 2019 and 2020— 
‘‘(i) an airport that accrued apportionment funds 
under subparagraph (A) in fiscal year 2013 that is 
listed as having an unclassified status under the most 
recent national plan of integrated airport systems shall 
continue to accrue apportionment funds under subpara-
graph (A) at the same amount the airport accrued 
apportionment funds in fiscal year 2013, subject to 
the conditions of this paragraph; 
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132 STAT. 3215 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(ii) notwithstanding the period of availability as 
described in section 47117(b), an amount apportioned 
to an airport under clause (i) shall be available to 
the airport only during the fiscal year in which the 
amount is apportioned; and 
‘‘(iii) notwithstanding the waiver permitted under 
section 47117(c)(2), an airport receiving apportionment 
funds under clause (i) may not waive its claim to 
any part of the apportioned funds in order to make 
the funds available for a grant for another public- 
use airport. 
‘‘(D) An airport that re-establishes its classified status 
shall be eligible to accrue apportionment funds pursuant 
to subparagraph (A) so long as such airport retains its 
classified status.’’. 
SEC. 149. EVALUATION OF AIRPORT MASTER PLANS. 
Section 47106 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(h) EVALUATION OF AIRPORT MASTER PLANS.—When evaluating 
the master plan of an airport for purposes of this subchapter, 
the Secretary shall take into account— 
‘‘(1) the role the airport plays with respect to medical 
emergencies and evacuations; and 
‘‘(2) the role the airport plays in emergency or disaster 
preparedness in the community served by the airport.’’. 
SEC. 150. DEFINITION OF SMALL BUSINESS CONCERN. 
Section 47113(a)(1) of title 49, United States Code, is amended 
to read as follows: 
‘‘(1) ‘small business concern’— 
‘‘(A) has the meaning given the term in section 3 
of the Small Business Act (15 U.S.C. 632); but 
‘‘(B) in the case of a concern in the construction 
industry, a concern shall be considered a small business 
concern if the concern meets the size standard for the 
North American Industry Classification System Code 
237310, as adjusted by the Small Business Administra-
tion;’’. 
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 appor-
tionment 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. 
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132 STAT. 3216 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(G) LIMITATIONS
AND
WAIVERS.—The authority to 
make apportionments in the manner prescribed in subpara-
graph (F) may be utilized no more than 3 years in a 
row. The Secretary may waive this limitation if the Sec-
retary 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 sec-
tion 47124(b)(4)(A), the Secretary may provide grants under 
this section to an airport sponsor participating in the contract 
tower program under section 47124 for the construction or 
improvement of a nonapproach control tower, as defined by 
the Secretary, and for the acquisition and installation of air 
traffic control, communications, and related equipment to be 
used in that tower. Such grants shall be subject to the distribu-
tion requirements of subsection (b) and the eligibility require-
ments 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 employ-
ment of Indians living on or near a reservation on a project 
or contract at— 
‘‘(A) an airport sponsored by an Indian tribal govern-
ment; or 
‘‘(B) an airport located on an Indian reservation. 
‘‘(2) STATE PREFERENCE.—A State may implement a pref-
erence for employment of Indians on a project carried out 
under this subchapter near an Indian reservation. 
‘‘(3) IMPLEMENTATION.—The Secretary shall consult with 
Indian tribal governments and cooperate with the States to 
implement this subsection. 
‘‘(4) INDIAN TRIBAL GOVERNMENT DEFINED.—In this section, 
the term ‘Indian tribal government’ has the same meaning 
given that term in section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122).’’. 
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132 STAT. 3217 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 sub-
section (b), the Secretary shall give priority consideration to 
mass grading and associated structural support (including 
access road, duct banks, and other related infrastructure) at 
mountaintop airports, provided that the airport would not 
otherwise have sufficient surface area for— 
‘‘(A) eligible and justified airport development projects; 
or 
‘‘(B) additional hangar space.’’. 
SEC. 155. GENERAL AVIATION AIRPORT EXPIRED FUNDS. 
Section 47117(b) of title 49, United States Code, is amended— 
(1) by striking ‘‘An amount’’ and inserting ‘‘(1) IN GEN-
ERAL.—An amount’’; 
(2) by striking ‘‘If the amount’’ and inserting ‘‘Except as 
provided in paragraph (2), if the amount’’; and 
(3) by adding at the end the following: 
‘‘(2) EXPIRED AMOUNTS APPORTIONED FOR GENERAL AVIATION 
AIRPORTS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), if an amount apportioned under section 47114(d) is 
not obligated within the time specified in paragraph (1), 
that amount shall be added to the discretionary fund under 
section 47115 of this title, provided that— 
‘‘(i) amounts made available under paragraph 
(2)(A) shall be used for grants for projects in accordance 
with section 47115(d)(2) at airports eligible to receive 
an apportionment under section 47114(d)(2) or (3)(A), 
whichever is applicable; and 
‘‘(ii) amounts made available under paragraph 
(2)(A) that are not obligated by July 1 of the fiscal 
year in which the funds will expire shall be made 
available for all projects in accordance with section 
47115(d)(2). 
‘‘(B) STATE
BLOCK
GRANT
PROGRAM.—If an amount 
apportioned to an airport under section 47114(d)(3)(A) is 
not obligated within the time specified in paragraph (1), 
and the airport is located in a State participating in the 
State block grant program under section 47128, the amount 
shall be made available to that State under the same 
conditions as if the State had been apportioned the amount 
under section 47114(d)(3)(B).’’. 
SEC. 156. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD 
WEATHER STATES. 
(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration, to the extent practicable, shall schedule the 
Administrator’s review of construction projects so that projects to 
be carried out in the States in which the weather during a typical 
calendar year prevents major construction projects from being car-
ried out before May 1 are reviewed as early as possible. 
49 USC 47112 
note. 
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132 STAT. 3218 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) BRIEFING.—The Administrator shall provide a briefing to 
the appropriate committees of Congress annually on the effective-
ness of the review and prioritization. 
(c) TECHNICAL AMENDMENT.—Section 154 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 47112 note) and 
the item relating to that section in the table of contents under 
section 1(b) of that Act (126 Stat. 13) are repealed. 
SEC. 157. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION. 
(a) FINDINGS.—Congress finds the following: 
(1) While significant progress has occurred due to the 
establishment of the airport disadvantaged business enterprise 
program (sections 47107(e) and 47113 of title 49, United States 
Code), discrimination and related barriers continue to pose 
significant obstacles for minority- and women-owned businesses 
seeking to do business in airport-related markets across the 
Nation. These continuing barriers merit the continuation of 
the airport disadvantaged business enterprise program. 
(2) Congress has received and reviewed testimony and docu-
mentation of race and gender discrimination from numerous 
sources, including congressional hearings and roundtables, sci-
entific reports, reports issued by public and private agencies, 
news stories, reports of discrimination by organizations and 
individuals, and discrimination lawsuits. This testimony and 
documentation shows that race- and gender-neutral efforts 
alone are insufficient to address the problem. 
(3) This testimony and documentation demonstrates that 
discrimination across the Nation poses a barrier to full and 
fair participation in airport-related businesses of women busi-
ness owners and minority business owners in the racial groups 
detailed in parts 23 and 26 of title 49, Code of Federal Regula-
tions, 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 pro-
gram to address race and gender discrimination in airport- 
related business. 
(b) PROMPT PAYMENTS.— 
(1) REPORTING OF COMPLAINTS.—Not later than 120 days 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall ensure that each 
airport that participates in the Program tracks, and reports 
to the Administrator, the number of covered complaints made 
in relation to activities at that airport. 
(2) IMPROVING COMPLIANCE.— 
(A) IN GENERAL.—The Administrator shall take actions 
to assess and improve compliance with prompt payment 
requirements under part 26 of title 49, Code of Federal 
Regulations. 
(B) CONTENTS
OF
ASSESSMENT.—In carrying out 
subparagraph (A), the Administrator shall assess— 
(i) whether requirements relating to the inclusion 
of prompt payment language in contracts are being 
satisfied; 
49 USC 47113 
note. 
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132 STAT. 3219 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 specifica-
tions need to be made to ensure prompt payments 
to subcontractors; and, 
(vi) whether changes to prime contractor specifica-
tions need to be made to ensure prompt payment of 
retainage to subcontractors. 
(C) REPORTING.—The Administrator shall make avail-
able to the public on an appropriate website operated by 
the Administrator a report describing the results of the 
assessment completed under this paragraph, including a 
plan to respond to such results. 
(3) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) COVERED
COMPLAINT.—The term ‘‘covered com-
plaint’’ means a complaint relating to an alleged failure 
to satisfy a prompt payment requirement under part 26 
of title 49, Code of Federal Regulations. 
(B) PROGRAM.—The term ‘‘Program’’ means the airport 
disadvantaged business enterprise program referenced in 
subsection (a)(1) of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 47113 note). 
SEC. 158. SUPPLEMENTAL DISCRETIONARY FUNDS. 
Section 47115 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘(j) SUPPLEMENTAL DISCRETIONARY FUNDS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish a program 
to provide grants, subject to the conditions of this subsection, 
for any purpose for which amounts are made available under 
section 48103 that the Secretary considers most appropriate 
to carry out this subchapter. 
‘‘(2) TREATMENT OF GRANTS.— 
‘‘(A) IN GENERAL.—A grant made under this subsection 
shall be treated as having been made pursuant to the 
Secretary’s authority under section 47104(a) and from the 
Secretary’s discretionary fund under subsection (a) of this 
section. 
‘‘(B) EXCEPTION.—Except as otherwise provided in this 
subsection, grants made under this subsection shall not 
be subject to subsection (c), section 47117(e), or any other 
apportionment formula, special apportionment category, or 
minimum percentage set forth in this chapter. 
‘‘(3) ELIGIBILITY AND PRIORITIZATION.— 
‘‘(A) ELIGIBILITY.—The Secretary may provide grants 
under this subsection for an airport or terminal develop-
ment project at any airport that is eligible to receive a 
grant from the discretionary fund under subsection (a) 
of this section. 
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132 STAT. 3220 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(B) PRIORITIZATION.—Not less than 50 percent of the 
amounts available under this subsection shall used to pro-
vide grants at— 
‘‘(i) airports that are eligible for apportionment 
under section 47114(d)(3); and 
‘‘(ii) nonhub and small hub airports. 
‘‘(4) AUTHORIZATION.— 
‘‘(A) IN GENERAL.—There is authorized to be appro-
priated 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 appro-
priated under subparagraph (A) shall remain available for 
2 fiscal years.’’. 
SEC. 159. STATE TAXATION. 
(a) IN GENERAL.—Section 40116(d)(2)(A) of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(v) except as otherwise provided under section 47133, levy 
or collect a tax, fee, or charge, first taking effect after the 
date of enactment of this clause, upon any business located 
at a commercial service airport or operating as a permittee 
of such an airport that is not generally imposed on sales or 
services by that State, political subdivision, or authority unless 
wholly utilized for airport or aeronautical purposes.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this section or an 
amendment made by this section shall affect a change to a rate 
or other provision of a tax, fee, or charge under section 40116 
of title 49, United States Code, that was enacted prior to the 
date of enactment of this Act. Such provision of a tax, fee, or 
charge shall continue to be subject to the requirements to which 
such provision was subject under that section as in effect on the 
day before the date of enactment of this Act. 
SEC. 160. AIRPORT INVESTMENT PARTNERSHIP PROGRAM. 
(a) IN GENERAL.—Section 47134 of title 49, United States Code, 
is amended— 
(1) by striking the section heading and inserting ‘‘Airport 
investment partnership program’’; 
(2) in subsection (b), by striking ‘‘, with respect to not 
more than 10 airports,’’; 
(3) in subsection (b)(2), by striking ‘‘The Secretary may 
grant an exemption to a sponsor’’ and inserting ‘‘If the Secretary 
grants an exemption to a sponsor pursuant to paragraph (1), 
the Secretary shall grant an exemption to the sponsor’’; 
(4) in subsection (b)(3), by striking ‘‘The Secretary may 
grant an exemption to a purchaser or lessee’’ and inserting 
‘‘If the Secretary grants an exemption to a sponsor pursuant 
to paragraph (1), the Secretary shall grant an exemption to 
the corresponding purchaser or lessee’’; 
(5) by amending subsection (d) to read as follows: 
‘‘(d) PROGRAM PARTICIPATION.— 
‘‘(1) MULTIPLE
AIRPORTS.—The Secretary may consider 
applications under this section submitted by a public airport 
49 USC 40116 
note. 
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132 STAT. 3221 
PUBLIC LAW 115–254—OCT. 5, 2018 
sponsor for multiple airports under the control of the sponsor 
if all airports under the control of the sponsor are located 
in the same State. 
‘‘(2) PARTIAL PRIVATIZATION.—A purchaser or lessee may 
be an entity in which a sponsor has an interest.’’; and 
(6) by striking subsections (l) and (m) and inserting the 
following: 
‘‘(l) PREDEVELOPMENT
LIMITATION.—A grant to an airport 
sponsor under this subchapter for predevelopment planning costs 
relating to the preparation of an application or proposed application 
under this section may not exceed $750,000 per application or 
proposed application.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 471 of 
title 49, United States Code, is amended by striking the item 
relating to section 47134 and inserting the following: 
‘‘47134. Airport investment partnership program.’’. 
SEC. 161. REMOTE TOWER PILOT PROGRAM FOR RURAL AND SMALL 
COMMUNITIES. 
(a) PILOT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator of the Federal 
Aviation Administration shall establish— 
(A) in consultation with airport operators and other 
aviation stakeholders, a pilot program at public-use air-
ports 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 certifi-
cation 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 con-
vene a safety risk management panel for the tower to 
address any safety issues with respect to the tower. The 
panels shall be created and utilized in a manner similar 
to that of the safety risk management panels previously 
convened for remote towers and shall take into account 
existing best practices and operational data from existing 
remote towers in the United States. 
(B) CONSULTATION.—In establishing the pilot program, 
the Administrator shall consult with operators of remote 
towers in the United States and foreign countries to design 
the pilot program in a manner that leverages as many 
safety and airspace efficiency benefits as possible. 
(3) APPLICATIONS.—The operator of an airport seeking to 
participate in the pilot program shall submit to the Adminis-
trator 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 partici-
pate; 
49 USC 47104 
note. 
49 USC 
prec. 471101. 
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132 STAT. 3222 
PUBLIC LAW 115–254—OCT. 5, 2018 
(B) identify which air traffic control information and 
data will assist the Administrator in evaluating the feasi-
bility, 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 air-
ports that will best assist the Administrator in evaluating 
the feasibility, safety, costs, and benefits of remote towers, 
including the amount and variety of air traffic at an airport; 
and 
(E) prioritize the selection of airports that can best 
demonstrate the capabilities and benefits of remote towers, 
including applicants proposing to operate multiple remote 
towers from a single facility. 
(5) SELECTION CRITERIA FOR CONSIDERATION.—In selecting 
airports for participation in the pilot program, the Adminis-
trator, after consultation with representatives of labor organiza-
tions 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 Adminis-
trator. 
(6) DATA.—The Administrator shall clearly identify and 
collect air traffic control information and data from partici-
pating airports that will assist the Administrator in evaluating 
the feasibility, safety, costs, and benefits of remote towers. 
(7) REPORT.—Not later than 1 year after the date the 
first remote tower is operational, and annually thereafter, the 
Administrator shall submit to the appropriate committees of 
Congress a report— 
(A) detailing any benefits, costs, or safety improve-
ments associated with the use of the remote towers; and 
(B) evaluating the feasibility of using remote towers, 
particularly in the Contract Tower Program, for airports 
without an air traffic control tower, to improve safety at 
airports with towers, or to reduce costs without impacting 
safety at airports with or without existing towers. 
(8) DEADLINE.—Not later than 1 year after the date of 
enactment of this Act, the Administrator shall select airports 
for participation in the pilot program. 
(9) DEFINITIONS.—In this subsection: 
(A) CONTRACT TOWER PROGRAM.—The term ‘‘Contract 
Tower Program’’ has the meaning given the term in section 
47124(e) of title 49, United States Code, as added by this 
Act. 
(B) REMOTE TOWER.—The term ‘‘remote tower’’ means 
a remotely operated air navigation facility, including all 
necessary system components, that provides the functions 
and capabilities of an air traffic control tower whereby 
air traffic services are provided to operators at an airport 
from a location that may not be on or near the airport. 
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132 STAT. 3223 
PUBLIC LAW 115–254—OCT. 5, 2018 
(C) OTHER DEFINITIONS.—The terms ‘‘nonhub airport’’, 
‘‘primary airport’’, and ‘‘public-use airport’’ have the 
meanings given such terms in section 47102 of title 49, 
United States Code. 
(10) SUNSET.—This subsection, including the report 
required under paragraph (8), shall not be in effect after Sep-
tember 30, 2023. 
(b) REMOTE TOWER PROGRAM.—Concurrent with the establish-
ment 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 addi-
tional remote towers that are certificated under subsection (a)(1)(C) 
at other airports. 
(c) AIP FUNDING ELIGIBILITY.—For purposes of the pilot pro-
gram under subsection (a), and after certificated remote towers 
are available under subsection (b), constructing a remote tower 
or acquiring and installing air traffic control, communications, or 
related equipment specifically for a remote tower shall be considered 
airport development (as defined in section 47102 of title 49, United 
States Code) for purposes of subchapter I of chapter 471 of that 
title if the components are installed and used at the airport, except, 
as needed, for off-airport sensors installed on leased towers. 
SEC. 162. AIRPORT ACCESS ROADS IN REMOTE LOCATIONS. 
Notwithstanding section 47102 of title 49, United States Code, 
for fiscal years 2018 through 2023— 
(1) the definition of the term ‘‘airport development’’ under 
that section includes the construction of a storage facility to 
shelter snow removal equipment or aircraft rescue and fire-
fighting 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 quan-
tities 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 avia-
tion airport in the Federal Aviation Administration’s 2017– 
2021 National Plan of Integrated Airport Systems (NPIAS) 
report. 
(C) The 30-year annual snowfall normal of the nearest 
weather station based on the National Oceanic and 
Atmospheric Administration Summary of Monthly Normals 
1981–2010 exceeds 26 inches. 
(D) The airport serves as a base for a medical air 
ambulance transport aircraft. 
(E) The airport master record (Form 5010–1) effective 
on September 14, 2017 for the airport indicates 45 based 
aircraft consisting of single engine, multiple engine, and 
jet engine aircraft. 
49 USC 47102 
note. 
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132 STAT. 3224 
PUBLIC LAW 115–254—OCT. 5, 2018 
(F) No funding under this section will be used for 
any portion of the storage facility designed to shelter 
maintenance and operations equipment that are not 
required for clearing airfield pavement of snow and ice. 
(G) The airport sponsor will complete design of the 
storage building not later than September 30, 2019, and 
will initiate construction of the storage building not later 
than September 30, 2020. 
(H) The area of the storage facility, or portion thereof, 
to be funded under this subsection does not exceed 6,000 
square feet; and 
(3) the definition of the term ‘‘terminal development’’ under 
that section includes the development of an airport access road 
that— 
(A) is located in a noncontiguous State; 
(B) is not more than 5 miles in length; 
(C) connects to the nearest public roadways of not 
more than the 2 closest census designated places; and 
(D) may provide incidental access to public or private 
property that is adjacent to the road and is not otherwise 
connected to a public road. 
SEC. 163. LIMITED REGULATION OF NON-FEDERALLY SPONSORED 
PROPERTY. 
(a) IN GENERAL.—Except as provided in subsection (b), the 
Secretary of Transportation may not directly or indirectly regulate— 
(1) the acquisition, use, lease, encumbrance, transfer, or 
disposal of land by an airport owner or operator; 
(2) any facility upon such land; or 
(3) any portion of such land or facility. 
(b) EXCEPTIONS.—Subsection (a) does not apply to— 
(1) any regulation ensuring— 
(A) the safe and efficient operation of aircraft or safety 
of people and property on the ground related to aircraft 
operations; 
(B) that an airport owner or operator receives not 
less than fair market value in the context of a commercial 
transaction for the use, lease, encumbrance, transfer, or 
disposal of land, any facilities on such land, or any portion 
of such land or facilities; or 
(C) that the airport pays not more than fair market 
value in the context of a commercial transaction for the 
acquisition of land or facilities on such land; 
(2) any regulation imposed with respect to land or a facility 
acquired or modified using Federal funding; or 
(3) any authority contained in— 
(A) a Surplus Property Act instrument of transfer, 
or 
(B) section 40117 of title 49, United States Code. 
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to affect the applicability of sections 47107(b) or 47133 
of title 49, United States Code, to revenues generated by the use, 
lease, encumbrance, transfer, or disposal of land under subsection 
(a), facilities upon such land, or any portion of such land or facilities. 
(d) 
AMENDMENTS
TO
AIRPORT
LAYOUT
PLANS.—Section 
47107(a)(16) of title 49, United States Code, is amended— 
49 USC 47107 
note. 
49 USC 47107 
note. 
49 USC 47107 
note. 
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132 STAT. 3225 
PUBLIC LAW 115–254—OCT. 5, 2018 
(1) by striking subparagraph (B) and inserting the fol-
lowing: 
‘‘(B) the Secretary will review and approve or dis-
approve 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 prop-
erty on the ground adjacent to the airport as a result 
of aircraft operations, or that adversely affect the value 
of prior Federal investments to a significant extent;’’; 
(2) in subparagraph (C), by striking ‘‘if the alteration’’ 
and all that follows through ‘‘airport; and’’ and inserting the 
following: ‘‘unless the alteration— 
‘‘(i) is outside the scope of the Secretary’s review 
and approval authority as set forth in subparagraph 
(B); or 
‘‘(ii) complies with the portions of the plan 
approved by the Secretary; and’’; and 
(3) in subparagraph (D), in the matter preceding clause 
(i), by striking ‘‘when an alternation’’ and all that follows 
through ‘‘Secretary, will’’ and inserting ‘‘when an alteration 
in the airport or its facility is made that is within the scope 
of the Secretary’s review and approval authority as set forth 
in subparagraph (B), and does not conform with the portions 
of the plan approved by the Secretary, and the Secretary decides 
that the alteration adversely affects the safety, utility, or effi-
ciency 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 apportion-
ments to airport sponsors in a fiscal year, then the Sec-
retary shall consider the airport to be a nonhub primary 
airport for purposes of this chapter.’’. 
SEC. 165. AMENDMENTS TO DEFINITIONS. 
Section 47102 of title 49, United States Code, is amended— 
(1) in paragraph (3)— 
(A) in subparagraph (K), by striking ‘‘7505a) and if 
such project will result in an airport receiving appropriate’’ 
and inserting ‘‘7505a)) and if the airport would be able 
to receive’’; 
(B) by striking subparagraph (L) and inserting the 
following: 
‘‘(L) a project by a commercial service airport for the 
acquisition of airport-owned vehicles or ground support 
equipment equipped with low-emission technology if the 
airport is located in an air quality nonattainment or 
maintenance area (as defined in sections 171(2) and 175A 
of the Clean Air Act (42 U.S.C. 7501(2); 7505a)), if the 
airport would be able to receive appropriate emission 
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132 STAT. 3226 
PUBLIC LAW 115–254—OCT. 5, 2018 
credits (as described in section 47139), and the vehicles 
are; 
‘‘(i) used exclusively on airport property; or 
‘‘(ii) used exclusively to transport passengers and 
employees between the airport and the airport’s 
consolidated rental car facility or an intermodal surface 
transportation facility adjacent to the airport.’’; and 
(C) by adding at the end the following: 
‘‘(P) an on-airport project to improve the reliability 
and efficiency of the airport’s power supply and to prevent 
power disruptions to the airfield, passenger terminal, and 
any other airport facilities, including the acquisition and 
installation of electrical generators, separation of the air-
port’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 sup-
port equipment into eligible zero-emission vehicles and 
equipment (as defined in section 47136) and for acquiring, 
by purchase or lease, eligible zero-emission vehicles and 
equipment. 
‘‘(R) predevelopment planning, including financial, 
legal, or procurement consulting services, related to an 
application or proposed application for an exemption under 
section 47134.’’; 
(2) in paragraph (5), by striking ‘‘regulations’’ and inserting 
‘‘requirements’’; and 
(3) in paragraph (8), by striking ‘‘public’’ and inserting 
‘‘public-use’’. 
SEC. 166. PILOT PROGRAM SUNSETS. 
(a) IN GENERAL.—Sections 47136 and 47140 of title 49, United 
States Code, are repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Sections 47136a and 47140a of title 49, United States 
Code, are redesignated as sections 47136 and 47140, respec-
tively. 
(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.’’. 
49 USC 
prec. 47101. 
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132 STAT. 3227 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 oppor-
tunity on the waiver determination. 
(b) ANNUAL REPORT.—For each fiscal year, the Secretary shall 
submit to the appropriate committees of Congress a report on 
waivers issued under section 50101 of title 49, United States Code, 
during the fiscal year. 
Subtitle D—Airport Noise and 
Environmental Streamlining 
SEC. 171. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY 
ASSESSMENTS. 
(a) COST
REIMBURSEMENTS.—Section 47140(a) of title 49, 
United States Code, as so redesignated, is amended by striking 
‘‘airport.’’ and inserting ‘‘airport, and to reimburse the airport 
sponsor for the costs incurred in conducting the assessment.’’. 
(b) SAFETY PRIORITY.—Section 47140(b)(2) of title 49, United 
States Code, as so redesignated, is amended by inserting ‘‘, including 
a certification that no safety projects are being be deferred by 
requesting a grant under this section,’’ after ‘‘an application’’. 
SEC. 172. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 AIR-
CRAFT. 
(a) IN GENERAL.—Notwithstanding chapter 475 of title 49, 
United States Code, not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall initiate a pilot program to permit an operator 
of a stage 2 aircraft to operate that aircraft in nonrevenue service 
into not more than 4 medium hub airports or nonhub airports 
if— 
(1) the airport— 
(A) is certified under part 139 of title 14, Code of 
Federal Regulations; 
(B) has a runway that— 
(i) is longer than 8,000 feet and not less than 
200 feet wide; and 
(ii) is load bearing with a pavement classification 
number of not less than 38; and 
(C) has a maintenance facility with a maintenance 
certificate issued under part 145 of such title; and 
(2) the operator of the stage 2 aircraft operates not more 
than 10 flights per month using that aircraft. 
(b) TERMINATION.—The pilot program shall terminate on the 
earlier of— 
(1) the date that is 10 years after the date of the enactment 
of this Act; or 
49 USC 47521 
note. 
49 USC 50101 
note. 
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132 STAT. 3228 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 DEAD-
LINE. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
complete the ongoing evaluation of alternative metrics to the current 
Day Night Level (DNL) 65 standard. 
SEC. 174. UPDATING AIRPORT NOISE EXPOSURE MAPS. 
Section 47503(b) of title 49, United States Code, is amended 
to read as follows: 
‘‘(b) REVISED MAPS.— 
‘‘(1) IN GENERAL.—An airport operator that submits a noise 
exposure map under subsection (a) shall submit a revised map 
to the Secretary if, in an area surrounding an airport, a change 
in the operation of the airport would establish a substantial 
new noncompatible use, or would significantly reduce noise 
over existing noncompatible uses, that is not reflected in either 
the existing conditions map or forecast map currently on file 
with the Federal Aviation Administration. 
‘‘(2) TIMING.—A submission under paragraph (1) shall be 
required only if the relevant change in the operation of the 
airport occurs during— 
‘‘(A) the forecast period of the applicable noise exposure 
map submitted by an airport operator under subsection 
(a); or 
‘‘(B) the implementation period of the airport operator’s 
noise compatibility program.’’. 
SEC. 175. ADDRESSING COMMUNITY NOISE CONCERNS. 
When proposing a new area navigation departure procedure, 
or amending an existing procedure that would direct aircraft 
between the surface and 6,000 feet above ground level over noise 
sensitive areas, the Administrator of the Federal Aviation Adminis-
tration 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 judg-
ment 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. 
49 USC 47501 
note. 
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132 STAT. 3229 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 naviga-
tion proposals. 
(b) REPORT.—Not later than 60 days after completion of the 
review, the Administrator shall submit to the appropriate commit-
tees 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 pro-
grams and how those lessons learned are being integrated 
into community involvement practices for future NextGen 
projects located in metroplexes. 
SEC. 177. LEAD EMISSIONS. 
(a) STUDY.—The Secretary of Transportation shall enter into 
appropriate arrangements with the National Academies of Sciences, 
Engineering, and Medicine under which the National Research 
Council will study aviation gasoline. 
(b) CONTENTS.—The study shall include an assessment of— 
(1) existing non-leaded fuel alternatives to the aviation 
gasoline used by piston-powered general aviation aircraft; 
(2) ambient lead concentrations at and around airports 
where piston-powered general aviation aircraft are used; and 
(3) mitigation measures to reduce ambient lead concentra-
tions, 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) implementa-
tion across all completed NextGen metroplexes with specific 
information provided by airline regarding the adoption and equip-
ping of aircraft and the training of pilots in its use. 
SEC. 179. AIRPORT NOISE MITIGATION AND SAFETY STUDY. 
(a) STUDY.—Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administra-
tion shall initiate a study to review and evaluate existing studies 
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132 STAT. 3230 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 reduc-
tion necessary to achieve significant noise reductions— 
(A) jeopardizes aviation safety; or 
(B) decreases the efficiency of the National Airspace 
System, including lowering airport capacity, increasing 
travel times, or increasing fuel burn; 
(3) the advisability of using jet aircraft approach or takeoff 
speeds as a noise mitigation technique; and 
(4) if the Administrator determines that using jet aircraft 
approach or takeoff speeds as a noise mitigation technique 
is advisable, whether any of the metropolitan areas specifically 
identified in section 189(b)(2) would benefit from such a noise 
mitigation technique without a significant impact to aviation 
safety or the efficiency of the National Airspace System. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on the results of the study initiated 
under subsection (a). 
SEC. 180. REGIONAL OMBUDSMEN. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment 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 proc-
esses; and 
(3) be consulted on proposed changes in aircraft operations 
affecting the region, including arrival and departure routes, 
in order to minimize environmental impacts, including noise. 
SEC. 181. FAA LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT. 
(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration shall exercise leadership in the creation of Federal 
and international policies, regulations, and standards relating to 
the certification and safe and efficient operation of civil supersonic 
aircraft. 
(b) EXERCISE OF LEADERSHIP.—In carrying out subsection (a), 
the Administrator shall— 
(1) consider the needs of the aerospace industry and other 
stakeholders when creating policies, regulations, and standards 
that enable the safe commercial deployment of civil supersonic 
aircraft technology and the safe and efficient operation of civil 
supersonic aircraft; and 
49 USC 40101 
note. 
49 USC 106 note. 
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132 STAT. 3231 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 super-
sonic aircraft within United States airspace, including 
updating or modifying existing regulations on such oper-
ation; 
(B) issues related to standards and regulations for 
the type certification and safe operation of civil supersonic 
aircraft, including noise certification, including— 
(i) the operational differences between subsonic 
aircraft and supersonic aircraft; 
(ii) costs and benefits associated with landing and 
takeoff noise requirements for civil supersonic aircraft, 
including impacts on aircraft emissions; 
(iii) public and economic benefits of the operation 
of civil supersonic aircraft and associated aerospace 
industry activity; and 
(iv) challenges relating to ensuring that standards 
and regulations aimed at relieving and protecting the 
public health and welfare from aircraft noise and sonic 
booms are economically reasonable, technologically 
practicable, and appropriate for civil supersonic air-
craft; 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 oper-
ation of civil supersonic aircraft. 
(c) INTERNATIONAL LEADERSHIP.—The Administrator, in the 
appropriate international forums, shall take actions that— 
(1) demonstrate global leadership under subsection (a); 
(2) address the needs of the aerospace industry identified 
under subsection (b); and 
(3) protect the public health and welfare. 
(d) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report detailing— 
(1) the Administrator’s actions to exercise leadership in 
the creation of Federal and international policies, regulations, 
and standards relating to the certification and safe and efficient 
operation of civil supersonic aircraft; 
(2) planned, proposed, and anticipated actions to update 
or modify existing policies and regulations related to civil super-
sonic 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 super-
sonic aircraft. 
(e) LONG-TERM REGULATORY REFORM.— 
(1) NOISE STANDARDS.—Not later than March 31, 2020, 
the Administrator shall issue a notice of proposed rulemaking 
to revise part 36 of title 14, Code of Federal Regulations, 
to include supersonic aircraft in the applicability of such part. 
The proposed rule shall include necessary definitions, noise 
standards for landing and takeoff, and noise test requirements 
that would apply to a civil supersonic aircraft. 
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132 STAT. 3232 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 applica-
tion 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
AIR-
CRAFT.— 
(1) IN
GENERAL.—If a person submits an application 
requesting type certification of a civil supersonic aircraft pursu-
ant 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 certifi-
cation, inclusive of the aircraft engines, of the supersonic air-
craft design for which such application was made. 
(2) CONTENTS.—A notice of proposed rulemaking described 
in paragraph (1) shall— 
(A) address safe operation of the aircraft type, 
including development and flight testing prior to type cer-
tification; 
(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 appro-
priate, practicable, and consistent with section 44715 of 
title 49, United States Code; and 
(E) consider differences between subsonic and super-
sonic aircraft including differences in thrust requirements 
at equivalent gross weight, engine requirements, aero-
dynamic 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 Adminis-
trator finds necessary to determine appropriate noise standards 
and operating limitations for the aircraft type consistent with 
section 44715 of title 49, United States Code. 
(4) FINAL RULE.—Not later than 18 months after the end 
of the public comment period provided in the notice of proposed 
rulemaking required under paragraph (1), the Administrator 
shall publish in the Federal Register a final rule applying 
solely to the aircraft model submitted for type certification. 
(5) REVIEW OF RULES OF CIVIL SUPERSONIC FLIGHTS.—Begin-
ning December 31, 2020, and every 2 years thereafter, the 
Administrator shall review available aircraft noise and perform-
ance data, and consult with heads of appropriate Federal agen-
cies, 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 
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132 STAT. 3233 
PUBLIC LAW 115–254—OCT. 5, 2018 
Aviation Administration titled ‘‘Revision of General Operating 
and Flight Rules’’ and published in the Federal Register on 
August 18, 1989 (54 Fed. Reg. 34284) that restricts operation 
of civil aircraft at a true flight Mach number greater than 
1 shall have no force or effect beginning on the date on which 
the Administrator publishes in the Federal Register a final 
rule specifying sonic boom noise standards for civil supersonic 
aircraft. 
SEC. 182. MANDATORY USE OF THE NEW YORK NORTH SHORE HELI-
COPTER ROUTE. 
(a) PUBLIC COMMENT PERIOD.— 
(1) IN GENERAL.—The Administrator of the Federal Avia-
tion 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 regula-
tions. 
(c) REVIEW.—Not later than 30 days after the date of enactment 
of this Act, the Administrator shall initiate a review of the regula-
tions described in subsection (a)(1) that assesses the— 
(1) noise impacts of the regulations for communities, 
including 
communities 
in 
locations 
where 
aircraft 
are 
transitioning to or from a destination or point of landing; 
(2) enforcement of applicable flight standards, including 
requirements for helicopters operating on the relevant route 
to remain at or above 2,500 feet mean sea level; and 
(3) availability of alternative or supplemental routes to 
reduce the noise impacts of the regulations, including the 
institution of an all water route over the Atlantic Ocean. 
SEC. 183. STATE STANDARDS FOR AIRPORT PAVEMENTS. 
Section 47105(c) of title 49, United States Code, is amended— 
(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘The Secretary’’ 
the first place it appears; and 
(2) by adding at the end the following: 
‘‘(2) PAVEMENT STANDARDS.— 
‘‘(A) TECHNICAL ASSISTANCE.—At the request of a State, 
the Secretary shall, not later than 30 days after the date 
of the request, provide technical assistance to the State 
in developing standards, acceptable to the Secretary under 
subparagraph (B), for pavement on nonprimary public-use 
airports in the State. 
‘‘(B) REQUIREMENTS.—The Secretary shall— 
‘‘(i) continue to provide technical assistance under 
subparagraph (A) until the standards are approved 
under paragraph (1); and 
‘‘(ii) clearly indicate to the State the standards 
that are acceptable to the Secretary, considering, at 
a minimum, local conditions and locally available mate-
rials.’’. 
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132 STAT. 3234 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 partici-
pating 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 non-
public sponsor for an airport development project on 
the airport; or 
‘‘(ii) provide partial Federal reimbursement for air-
port 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 appor-
tionment category, or minimum percentage set forth in 
this chapter.’’. 
(b) ALLOWABLE PROJECT COSTS; LETTERS OF INTENT.—Section 
47110(e) of such title is amended by adding at the end the following: 
‘‘(7) PARTNERSHIP PROGRAM AIRPORTS.—The Secretary may 
issue a letter of intent under this section to an airport sponsor 
with an approved application under section 47134(b) if— 
‘‘(A) the application was approved in fiscal year 2019; and 
‘‘(B) the project meets all other requirements set forth 
in this chapter.’’. 
SEC. 
185. 
GRANDFATHERING 
OF 
CERTAIN 
DEED 
AGREEMENTS 
GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL 
AVIATION AIRPORTS. 
Section 47107(s) of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(3) EXEMPTION.—The terms and conditions of paragraph 
(2) shall not apply to an agreement described in paragraph 
(1) made before the enactment of the FAA Modernization and 
Reform Act of 2012 (Public Law 112–95) that the Secretary 
determines does not comply with such terms and conditions 
but involves property that is subject to deed or lease restrictions 
that are considered perpetual and that cannot readily be 
brought into compliance. However, if the Secretary determines 
that the airport sponsor and residential property owners are 
able to make any modification to such an agreement on or 
after the date of enactment of this paragraph, the exemption 
provided by this paragraph shall no longer apply.’’. 
SEC. 186. STAGE 3 AIRCRAFT STUDY. 
(a) STUDY.—Not later than 180 days after the date of enactment 
of this Act, the Comptroller General of the United States shall 
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132 STAT. 3235 
PUBLIC LAW 115–254—OCT. 5, 2018 
initiate a review of the potential benefits, costs, and other impacts 
that would result from a phaseout of covered stage 3 aircraft. 
(b) CONTENTS.—The review shall include— 
(1) a determination of the number, types, frequency of 
operations, and owners and operators of covered stage 3 air-
craft; 
(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 asso-
ciated with phasing out or reducing the operations of covered 
stage 3 aircraft, assuming such a phaseout or reduction is 
put into effect over a reasonable period of time; 
(3) a determination of lessons learned from the phaseout 
of stage 2 aircraft that might be applicable to a phaseout 
or reduction in the operations of covered stage 3 aircraft, 
including comparisons between the benefits, costs, and other 
impacts associated with the phaseout of stage 2 aircraft and 
the potential benefits, costs, and other impacts determined 
under paragraph (2); 
(4) a determination of the costs and logistical challenges 
associated with recertifying stage 3 aircraft capable of meeting 
stage 4 noise levels; and 
(5) a determination of stakeholder views on the feasibility 
and desirability of phasing out covered stage 3 aircraft, 
including the views of— 
(A) air carriers; 
(B) airports; 
(C) communities surrounding airports; 
(D) aircraft and avionics manufacturers; 
(E) operators of covered stage 3 aircraft other than 
air carriers; and 
(F) such other stakeholders and aviation experts as 
the Comptroller General considers appropriate. 
(c) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Comptroller General shall submit to the 
appropriate committees of Congress a report on the results of the 
review. 
(d) COVERED STAGE 3 AIRCRAFT DEFINED.—In this section, the 
term ‘‘covered stage 3 aircraft’’ means a civil subsonic jet aircraft 
that is not capable of meeting the stage 4 noise levels in part 
36 of title 14, Code of Federal Regulations. 
SEC. 187. AIRCRAFT NOISE EXPOSURE. 
(a) REVIEW.—The Administrator of the Federal Aviation 
Administration shall conclude the Administrator’s ongoing review 
of the relationship between aircraft noise exposure and its effects 
on communities around airports. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Administrator shall submit to 
Congress a report containing the results of the review. 
(2) PRELIMINARY RECOMMENDATIONS.—The report shall con-
tain 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. 
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132 STAT. 3236 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 188. STUDY REGARDING DAY-NIGHT AVERAGE SOUND LEVELS. 
(a) STUDY.—The Administrator of the Federal Aviation 
Administration shall evaluate alternative metrics to the current 
average day-night level standard, such as the use of actual noise 
sampling and other methods, to address community airplane noise 
concerns. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on the results of the study under 
subsection (a). 
SEC. 189. STUDY ON POTENTIAL HEALTH AND ECONOMIC IMPACTS 
OF OVERFLIGHT NOISE. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall enter into an agreement with an eligible 
institution of higher education to conduct a study on the health 
impacts of noise from aircraft flights on residents exposed to a 
range of noise levels from such flights. 
(b) SCOPE OF STUDY.—The study conducted under subsection 
(a) shall— 
(1) include an examination of the incremental health 
impacts attributable to noise exposure that result from aircraft 
flights, including sleep disturbance and elevated blood pressure; 
(2) be focused on residents in the metropolitan area of— 
(A) Boston; 
(B) Chicago; 
(C) the District of Columbia; 
(D) New York; 
(E) the Northern California Metroplex; 
(F) Phoenix; 
(G) the Southern California Metroplex; 
(H) Seattle; or 
(I) such other area as may be identified by the Adminis-
trator; 
(3) consider, in particular, the incremental health impacts 
on residents living partly or wholly underneath flight paths 
most frequently used by aircraft flying at an altitude lower 
than 10,000 feet, including during takeoff or landing; 
(4) include an assessment of the relationship between a 
perceived increase in aircraft noise, including as a result of 
a change in flight paths that increases the visibility of aircraft 
from a certain location, and an actual increase in aircraft 
noise, particularly in areas with high or variable levels of 
nonaircraft-related ambient noise; and 
(5) consider the economic harm or benefits to businesses 
located party or wholly underneath flight paths most frequently 
used by aircraft flying at an altitude lower than 10,000 feet, 
including during takeoff or landing. 
(c) ELIGIBILITY.—An institution of higher education is eligible 
to conduct the study if the institution— 
(1) has— 
(A) a school of public health that has participated 
in the Center of Excellence for Aircraft Noise and Aviation 
Emissions Mitigation of the Federal Aviation Administra-
tion; or 
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132 STAT. 3237 
PUBLIC LAW 115–254—OCT. 5, 2018 
(B) a center for environmental health that receives 
funding from the National Institute of Environmental 
Health Sciences; 
(2) is located in one of the areas identified in subsection 
(b); 
(3) applies to the Administrator in a timely fashion; 
(4) demonstrates to the satisfaction of the Administrator 
that the institution is qualified to conduct the study; 
(5) agrees to submit to the Administrator, not later than 
3 years after entering into an agreement under subsection 
(a), the results of the study, including any source materials 
used; and 
(6) meets such other requirements as the Administrator 
determines necessary. 
(d) SUBMISSION OF STUDY.—Not later than 90 days after the 
Administrator receives the results of the study, the Administrator 
shall submit to the appropriate committees of Congress the study 
and a summary of the results. 
SEC. 190. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation may carry 
out a pilot program involving not more than 6 projects at public- 
use airports in accordance with this section. 
(b) GRANTS.—In carrying out the program, the Secretary may 
make grants to sponsors of public-use airports from funds appor-
tioned under section 47117(e)(1)(A) of title 49, United States Code. 
(c) USE OF FUNDS.—Amounts from a grant received by the 
sponsor of a public-use airport under the program shall be used 
for environmental mitigation projects that will measurably reduce 
or mitigate aviation impacts on noise, air quality, or water quality 
at the airport or within 5 miles of the airport. 
(d) ELIGIBILITY.—Notwithstanding any other provision of 
chapter 471 of title 49, United States Code, an environmental 
mitigation project approved under this section shall be treated 
as eligible for assistance under that chapter. 
(e) SELECTION CRITERIA.—In selecting from among applicants 
for participation in the program, the Secretary may give priority 
consideration to projects that— 
(1) will achieve the greatest reductions in aircraft noise, 
airport emissions, or airport water quality impacts either on 
an absolute basis or on a per dollar of funds expended basis; 
and 
(2) will be implemented by an eligible consortium. 
(f) FEDERAL SHARE.—The Federal share of the cost of a project 
carried out under the program shall be 50 percent. 
(g) MAXIMUM AMOUNT.—Not more than $2,500,000 may be 
made available by the Secretary in grants under the program 
for any single project. 
(h) IDENTIFYING BEST PRACTICES.—The Secretary may establish 
and publish information identifying best practices for reducing or 
mitigating aviation impacts on noise, air quality, and water quality 
at airports or in the vicinity of airports based on the projects 
carried out under the program. 
(i) SUNSET.—The program shall terminate 5 years after the 
Secretary makes the first grant under the program. 
(j) DEFINITIONS.—In this section, the following definitions apply: 
49 USC 47104 
note. 
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132 STAT. 3238 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 organiza-
tions 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 tech-
niques 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 tech-
nologies for environmental mitigation are— 
(i) practical to implement at or near multiple 
public-use airports; and 
(ii) capable of reducing noise, airport emissions, 
or water quality impacts in measurably significant 
amounts. 
(k) AUTHORIZATION FOR THE TRANSFER OF FUNDS FROM DEPART-
MENT OF DEFENSE.— 
(1) IN GENERAL.—The Administrator of the Federal Avia-
tion Administration may accept funds from the Secretary of 
Defense to increase the authorized funding for this section 
by the amount of such transfer only to carry out projects 
designed for environmental mitigation at a site previously, 
but not currently, managed by the Department of Defense. 
(2) ADDITIONAL GRANTEES.—If additional funds are made 
available by the Secretary of Defense under paragraph (1), 
the Administrator may increase the number of grantees under 
subsection (a). 
SEC. 191. EXTENDING AVIATION DEVELOPMENT STREAMLINING. 
(a) IN GENERAL.—Section 47171 of title 49, United States Code, 
is amended— 
(1) in subsection (a), in the matter preceding paragraph 
(1), by inserting ‘‘general aviation airport construction or 
improvement projects,’’ after ‘‘congested airports,’’; 
(2) in subsection (b)— 
(A) by redesignating paragraph (2) as paragraph (3); 
and 
(B) by inserting after paragraph (1) the following: 
‘‘(2) 
GENERAL
AVIATION
AIRPORT
CONSTRUCTION
OR 
IMPROVEMENT PROJECT.—A general aviation airport construc-
tion 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 
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132 STAT. 3239 
PUBLIC LAW 115–254—OCT. 5, 2018 
(6) in subsection (k), by striking ‘‘subsection (b)(2)’’ and 
inserting ‘‘subsection (b)(3)’’. 
(b) DEFINITIONS.—Section 47175 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(8) 
GENERAL
AVIATION
AIRPORT
CONSTRUCTION
OR 
IMPROVEMENT
PROJECT.—The term ‘general aviation airport 
construction or improvement project’ means— 
‘‘(A) a project for the construction or extension of a 
runway, including any land acquisition, helipad, taxiway, 
safety area, apron, or navigational aids associated with 
the runway or runway extension, at a general aviation 
airport, a reliever airport, or a commercial service airport 
that is not a primary airport (as such terms are defined 
in section 47102); and 
‘‘(B) any other airport development project that the 
Secretary designates as facilitating aviation capacity 
building projects at a general aviation airport.’’. 
SEC. 192. ZERO-EMISSION VEHICLES AND TECHNOLOGY. 
(a) IN GENERAL.—Section 47136 of title 49, United States Code, 
as so redesignated, is amended— 
(1) by striking subsections (a) and (b) and inserting the 
following: 
‘‘(a) IN GENERAL.—The Secretary of Transportation may estab-
lish a pilot program under which the sponsors of public-use airports 
may use funds made available under this chapter or section 48103 
for use at such airports to carry out— 
‘‘(1) activities associated with the acquisition, by purchase 
or lease, and operation of eligible zero-emission vehicles and 
equipment, including removable power sources for such 
vehicles; and 
‘‘(2) the construction or modification of infrastructure to 
facilitate the delivery of fuel, power or services necessary for 
the use of such vehicles. 
‘‘(b) ELIGIBILITY.—A public-use airport is eligible for participa-
tion 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 adja-
cent to the airport.’’; 
(2) by striking subsections (d) through (f) and inserting 
the following: 
‘‘(d) FEDERAL SHARE.—The Federal share of the cost of a project 
carried out under the program shall be the Federal share specified 
in section 47109. 
‘‘(e) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—The sponsor of a public-use airport may 
use not more than 10 percent of the amounts made available 
to the sponsor under the program in any fiscal year for— 
‘‘(A) technical assistance; and 
‘‘(B) project management support to assist the airport 
with the solicitation, acquisition, and deployment of zero- 
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132 STAT. 3240 
PUBLIC LAW 115–254—OCT. 5, 2018 
emission vehicles, related equipment, and supporting infra-
structure. 
‘‘(2) PROVIDERS OF TECHNICAL ASSISTANCE.—To receive the 
technical assistance or project management support described 
in paragraph (1), participants in the program may use— 
‘‘(A) a nonprofit organization selected by the Secretary; 
or 
‘‘(B) a university transportation center receiving grants 
under section 5505 in the region of the airport. 
‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.—The Secretary 
may create and make available materials identifying best practices 
for carrying out activities funded under the program based on 
previous related projects and other sources. 
‘‘(g) ALLOWABLE PROJECT COST.—The allowable project cost 
for the acquisition of a zero-emission vehicle shall be the total 
cost of purchasing or leasing the vehicle, including the cost of 
technical assistance or project management support described in 
subsection (e). 
‘‘(h) FLEXIBLE PROCUREMENT.—A sponsor of a public-use airport 
may use funds made available under the program to acquire, by 
purchase or lease, a zero-emission vehicle and a removable power 
source in separate transactions, including transactions by which 
the airport purchases the vehicle and leases the removable power 
source. 
‘‘(i) TESTING REQUIRED.— 
‘‘(1) IN GENERAL.—A sponsor of a public-use airport may 
not use funds made available under the program to acquire 
a zero-emission vehicle unless that make, model, or type of 
vehicle has been tested by a Federal vehicle testing facility 
acceptable to the Secretary. 
‘‘(2) PENALTIES FOR FALSE STATEMENTS.—A certification of 
compliance under paragraph (1) shall be considered a certifi-
cation required under this subchapter for purposes of section 
47126. 
‘‘(j) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) ELIGIBLE ZERO-EMISSION VEHICLE AND EQUIPMENT.— 
The term ‘eligible zero-emission vehicle and equipment’ means 
a zero-emission vehicle, equipment related to such a vehicle, 
or ground support equipment that includes zero-emission tech-
nology that is— 
‘‘(A) used exclusively on airport property; or 
‘‘(B) used exclusively to transport passengers and 
employees between the airport and— 
‘‘(i) nearby facilities which are owned or controlled 
by the airport or which otherwise directly support the 
functions or services provided by the airport; or 
‘‘(ii) an intermodal surface transportation facility 
adjacent to the airport. 
‘‘(2) REMOVABLE
POWER
SOURCE.—The term ‘removable 
power source’ means a power source that is separately installed 
in, and removable from, a zero-emission vehicle and may 
include a battery, a fuel cell, an ultra-capacitor, or other power 
source used in a zero-emission vehicle. 
‘‘(3) ZERO-EMISSION
VEHICLE.—The term ‘zero-emission 
vehicle’ means— 
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132 STAT. 3241 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(A) a zero-emission vehicle as defined in section 
88.102–94 of title 40, Code of Federal Regulations; or 
‘‘(B) a vehicle that produces zero exhaust emissions 
of any criteria pollutant (or precursor pollutant) under 
any possible operational modes and conditions.’’. 
(b) 
SPECIAL
APPORTIONMENT
CATEGORIES.—Section 
47117(e)(1)(A) of title 49, United States Code, is amended by 
inserting ‘‘for airport development described in section 47102(3)(Q),’’ 
after ‘‘under section 47141,’’. 
(c) DEPLOYMENT OF ZERO EMISSION VEHICLE TECHNOLOGY.— 
(1) ESTABLISHMENT.—The Secretary of Transportation may 
establish a zero-emission airport technology program— 
(A) to facilitate the deployment of commercially viable 
zero-emission airport vehicles, technology, and related 
infrastructure; and 
(B) to minimize the risk of deploying such vehicles, 
technology, and infrastructure. 
(2) GENERAL AUTHORITY.— 
(A) ASSISTANCE
TO
NONPROFIT
ORGANIZATIONS.—The 
Secretary may provide assistance under the program to 
not more than 3 geographically diverse, eligible organiza-
tions to conduct zero-emission airport technology and infra-
structure projects. 
(B) FORMS OF ASSISTANCE.—The Secretary may provide 
assistance under the program in the form of grants, con-
tracts, 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 signifi-
cantly to deploying zero-emission technology as the 
technology relates to airport operations; 
(ii) the financing plan and cost-share potential of 
the applicant; and 
(iii) other factors, as the Secretary determines 
appropriate. 
(C) PRIORITY.—ln selecting from among applicants for 
assistance under the program, the Secretary shall give 
priority consideration to an applicant that has successfully 
managed advanced transportation technology projects, 
including projects related to zero-emission transportation 
operations. 
(4) ELIGIBLE PROJECTS.—A recipient of assistance under 
the program shall use the assistance— 
(A) to review and conduct demonstrations of zero-emis-
sion technologies and related infrastructure at airports; 
(B) to evaluate the credibility of new, unproven vehicle 
and energy-efficient technologies in various aspects of air-
port operations prior to widespread investment in the tech-
nologies by airports and the aviation industry; 
49 USC 47136 
note. 
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132 STAT. 3242 
PUBLIC LAW 115–254—OCT. 5, 2018 
(C) to collect data and make the recipient’s findings 
available to airports, so that airports can evaluate the 
applicability of new technologies to their facilities; and 
(D) to report the recipient’s findings to the Secretary. 
(5) ADMINISTRATIVE PROVISIONS.— 
(A) FEDERAL SHARE.—The Federal share of the cost 
of a project carried out under the program may not exceed 
80 percent. 
(B) TERMS
AND
CONDITIONS.—A grant, contract, or 
cooperative agreement under this section shall be subject 
to such terms and conditions as the Secretary determines 
appropriate. 
(6) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) 
ELIGIBLE
ORGANIZATION.—The 
term 
‘‘eligible 
organization’’ means an organization that has expertise 
in zero-emission technology. 
(B) ORGANIZATION.—The term ‘‘organization’’ means— 
(i) described in section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from tax under 
section 501(a) of the Internal Revenue Code of 1986; 
(ii) a university transportation center receiving 
grants under section 5505 of title 49, United States 
Code; or 
(iii) any other Federal or non-Federal entity as 
the Secretary considers appropriate. 
TITLE II—FAA SAFETY CERTIFICATION 
REFORM 
Subtitle A—General Provisions 
SEC. 201. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the FAA. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 
means the Safety Oversight and Certification Advisory Com-
mittee 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 identifica-
tion and control of hazards throughout the lifecycle of a project, 
program, or activity. 
SEC. 202. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY COM-
MITTEE. 
(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. 
49 USC 44701 
note. 
49 USC 44701 
note. 
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132 STAT. 3243 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) DUTIES.—The Advisory Committee shall provide advice to 
the Secretary on policy-level issues facing the aviation community 
that are related to FAA safety oversight and certification programs 
and activities, including, at a minimum, the following: 
(1) Aircraft and flight standards certification processes, 
including efforts to streamline those processes. 
(2) Implementation and oversight of safety management 
systems. 
(3) Risk-based oversight efforts. 
(4) Utilization of delegation and designation authorities, 
including organization designation authorization. 
(5) Regulatory interpretation standardization efforts. 
(6) Training programs. 
(7) Expediting the rulemaking process and giving priority 
to rules related to safety. 
(8) Enhancing global competitiveness of United States 
manufactured and United States certificated aerospace and 
aviation products and services throughout the world. 
(c) FUNCTIONS.—In carrying out its duties under subsection 
(b), the Advisory Committee shall: 
(1) Foster industry collaboration in an open and trans-
parent manner. 
(2) Consult with, and ensure participation by— 
(A) the private sector, including representatives of— 
(i) general aviation; 
(ii) commercial aviation; 
(iii) aviation labor; 
(iv) aviation maintenance, repair, and overhaul; 
(v) aviation, aerospace, and avionics manufac-
turing; 
(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 objec-
tives, 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 recommenda-
tions on the FAA’s certification and safety oversight efforts. 
(6) Periodically review and evaluate registration, certifi-
cation, and related fees. 
(7) Provide appropriate legislative, regulatory, and guid-
ance 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 
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132 STAT. 3244 
PUBLIC LAW 115–254—OCT. 5, 2018 
their progress towards streamlining certification reform, con-
ducting 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 avia-
tion 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 pro-
viding information, advice, and recommendations related to 
aviation issues. 
(14) Facilitate the validation and acceptance of United 
States manufactured and United States certificated products 
and services throughout the world. 
(d) MEMBERSHIP.— 
(1) IN GENERAL.—The Advisory Committee shall be com-
posed of the following members: 
(A) The Administrator (or the Administrator’s des-
ignee). 
(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 manufac-
turers. 
(iii) Avionics and equipment manufacturers. 
(iv) Aviation labor organizations, including collec-
tive bargaining representatives of FAA aviation safety 
inspectors and aviation safety engineers. 
(v) General aviation operators. 
(vi) Air carriers. 
(vii) Business aviation operators. 
(viii) Unmanned aircraft systems manufacturers 
and operators. 
(ix) Aviation safety management experts. 
(x) Aviation maintenance, repair, and overhaul. 
(xi) Airport owners and operators. 
(2) NONVOTING MEMBERS.— 
(A) 
IN
GENERAL.—In 
addition 
to 
the 
members 
appointed under paragraph (1), the Advisory Committee 
shall be composed of nonvoting members appointed by the 
Secretary from among individuals representing FAA safety 
oversight program offices. 
(B) DUTIES.—The nonvoting members may— 
(i) take part in deliberations of the Advisory Com-
mittee; and 
(ii) provide input with respect to any final reports 
or recommendations of the Advisory Committee. 
(C) LIMITATION.—The nonvoting members may not rep-
resent 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. 
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132 STAT. 3245 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) COMMITTEE
CHARACTERISTICS.—The Advisory Com-
mittee shall have the following characteristics: 
(A) Each voting member under paragraph (1)(B) shall 
be an executive officer of the organization who has decision-
making 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 Com-
mittee to have substantive discussions and reach consensus 
on issues in a timely manner. 
(D) Appropriate expertise, including expertise in certifi-
cation and risked-based safety oversight processes, oper-
ations, 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 Com-
mittee shall be appointed by the Secretary from among those 
members of the Advisory Committee that are voting members 
under subsection (d)(1)(B). 
(2) TERM.—Each member appointed under paragraph (1) 
shall serve a term of 2 years as Chairperson. 
(f) MEETINGS.— 
(1) FREQUENCY.—The Advisory Committee shall meet at 
least twice each year at the call of the Chairperson. 
(2) PUBLIC ATTENDANCE.—The meetings of the Advisory 
Committee shall be open and accessible to the public. 
(g) SPECIAL COMMITTEES.— 
(1) ESTABLISHMENT.—The Advisory Committee may estab-
lish special committees composed of private sector representa-
tives, members of the public, labor representatives, and other 
relevant parties in complying with consultation and participa-
tion requirements under this section. 
(2) RULEMAKING ADVICE.—A special committee established 
by the Advisory Committee may— 
(A) provide rulemaking advice and recommendations 
to the Advisory Committee with respect to aviation-related 
issues; 
(B) provide the FAA additional opportunities to obtain 
firsthand information and insight from those parties that 
are most affected by existing and proposed regulations; 
and 
(C) assist in expediting the development, revision, or 
elimination of rules without circumventing public rule-
making 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. 
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132 STAT. 3246 
PUBLIC LAW 115–254—OCT. 5, 2018 
(i) TERMINATION OF AIR TRAFFIC PROCEDURES ADVISORY COM-
MITTEE.—The Air Traffic Procedures Advisory Committee estab-
lished by the FAA shall terminate on the date of the initial appoint-
ment of the members of the Advisory Committee. 
Subtitle B—Aircraft Certification Reform 
SEC. 211. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND 
METRICS. 
(a) IN GENERAL.—Not later than 120 days after the date on 
which the Advisory Committee is established under section 202, 
the Administrator shall establish performance objectives and apply 
and track performance metrics for the FAA and the aviation 
industry relating to aircraft certification in accordance with this 
section. 
(b) COLLABORATION.—The Administrator shall carry out this 
section in collaboration with the Advisory Committee and update 
agency performance objectives and metrics after considering the 
recommendations of the Advisory Committee under paragraphs (8) 
and (9) of section 202(c). 
(c) PERFORMANCE OBJECTIVES.—In carrying out subsection (a), 
the Administrator shall establish performance objectives for the 
FAA and the aviation industry to ensure that, with respect to 
aircraft certification, progress is made toward, at a minimum— 
(1) eliminating certification delays and improving cycle 
times; 
(2) increasing accountability for both the FAA and the 
aviation industry; 
(3) achieving full utilization of FAA delegation and designa-
tion authorities, including organizational designation authoriza-
tion; 
(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 certifi-
cation oversight; 
(8) improving the process for approving or accepting certifi-
cation 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 
49 USC 44701 
note. 
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132 STAT. 3247 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 gen-
erated 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— 
‘‘(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 func-
tions 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 inves-
tigation, 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 subpara-
graph (B), work with the ODA holder to develop the ODA 
holder’s capability to execute that function safely and effec-
tively and return to full authority status. 
‘‘(2) DUTIES OF ODA HOLDERS.—An ODA holder shall— 
‘‘(A) perform each specified function delegated to the 
ODA holder in accordance with the approved procedures 
manual for the delegation; 
‘‘(B) make the procedures manual available to each 
member of the appropriate ODA unit; and 
‘‘(C) cooperate fully with oversight activities conducted 
by the Administrator in connection with the delegation. 
49 USC 44736. 
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132 STAT. 3248 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 expedi-
tious manner, approve revisions to the ODA holder’s proce-
dures manual; 
‘‘(B) delegate fully to the ODA holder each of the func-
tions 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 inves-
tigation, that the public interest and safety of air commerce 
requires a limitation with respect to one or more of the 
functions; 
‘‘(C) conduct regular oversight activities by inspecting 
the ODA holder’s delegated functions and taking action 
based on validated inspection findings; and 
‘‘(D) for each function that is limited under subpara-
graph (B), work with the ODA holder to develop the ODA 
holder’s capability to execute that function safely and effec-
tively and return to full authority status. 
‘‘(b) ODA OFFICE.— 
‘‘(1) ESTABLISHMENT.—Not later than 120 days after the 
date of enactment of this section, the Administrator of the 
FAA shall identify, within the FAA Office of Aviation Safety, 
a centralized policy office to be known as the Organization 
Designation Authorization Office or the ODA Office. 
‘‘(2) PURPOSE.—The purpose of the ODA Office shall be 
to provide oversight and ensure the consistency of the FAA’s 
audit functions under the ODA program across the FAA. 
‘‘(3) FUNCTIONS.—The ODA Office shall— 
‘‘(A)(i) at the request of an ODA holder, eliminate 
all limitations specified in a procedures manual in place 
on the day before the date of enactment of the FAA 
Reauthorization Act of 2018 that are low and medium 
risk as determined by a risk analysis using criteria estab-
lished 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 con-
cerns 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 war-
rants continued retention and, if such reassessment deter-
mines 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 prior-
ities, procedures, and training under the ODA program; 
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132 STAT. 3249 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(D) review, in a timely fashion, a random sample 
of limitations on delegated authorities under the ODA pro-
gram to determine if the limitations are appropriate; 
‘‘(E) ensure national consistency in the interpretation 
and application of the requirements of the ODA program, 
including any limitations, and in the performance of the 
ODA program; and 
‘‘(F) at the request of an ODA holder, review and 
approve new limitations to ODA functions. 
‘‘(c) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) FAA.—The term ‘FAA’ means the Federal Aviation 
Administration. 
‘‘(2) ODA HOLDER.—The term ‘ODA holder’ means an entity 
authorized to perform functions pursuant to a delegation made 
by the Administrator of the FAA under section 44702(d). 
‘‘(3) ODA UNIT.—The term ‘‘ODA unit’’ means a group 
of 2 or more individuals who perform, under the supervision 
of an ODA holder, authorized functions under an ODA. 
‘‘(4) ORGANIZATION.—The term ‘‘organization’’ means a firm, 
partnership, corporation, company, association, joint-stock 
association, or governmental entity. 
‘‘(5) ORGANIZATION DESIGNATION AUTHORIZATION; ODA.—The 
term ‘Organization Designation Authorization’ or ‘ODA’ means 
an authorization by the FAA under section 44702(d) for an 
organization composed of 1 or more ODA units to perform 
approved functions on behalf of the FAA.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 447 of 
title 49, United States Code, is amended by adding at the end 
the following: 
‘‘44736. Organization designation authorizations.’’. 
SEC. 213. ODA REVIEW. 
(a) ESTABLISHMENT OF EXPERT REVIEW PANEL.— 
(1) EXPERT PANEL.—Not later than 120 days after the date 
of enactment of this Act, the Administrator shall convene a 
multidisciplinary expert review panel (in this section referred 
to as the ‘‘Panel’’). 
(2) COMPOSITION OF PANEL.— 
(A) APPOINTMENT OF MEMBERS.—The Panel shall be 
composed of not more than 20 members appointed by the 
Administrator. 
(B) QUALIFICATIONS.—The members appointed to the 
Panel shall— 
(i) each have a minimum of 5 years of experience 
in processes and procedures under the ODA program; 
and 
(ii) represent, at a minimum, ODA holders, avia-
tion manufacturers, safety experts, and FAA labor 
organizations, including labor representatives of FAA 
aviation safety inspectors and aviation safety engi-
neers. 
(b) SURVEY.—The Panel shall conduct a survey of ODA holders 
and ODA program applicants to document and assess FAA certifi-
cation and oversight activities, including use of the ODA program 
and the timeliness and efficiency of the certification process. In 
49 USC 
prec. 44701. 
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132 STAT. 3250 
PUBLIC LAW 115–254—OCT. 5, 2018 
carrying out this subsection, the Panel shall consult with appro-
priate survey experts to best design and conduct the survey. 
(c) ASSESSMENT
AND RECOMMENDATIONS.—The Panel shall 
assess and make recommendations concerning— 
(1) the FAA’s processes and procedures under the ODA 
program and whether the processes and procedures function 
as intended; 
(2) the best practices of and lessons learned by ODA holders 
and FAA personnel who provide oversight of ODA holders; 
(3) performance incentive policies that— 
(A) are related to the ODA program for FAA personnel; 
and 
(B) do not conflict with the public interest; 
(4) training activities related to the ODA program for FAA 
personnel and ODA holders; 
(5) the impact, if any, that oversight of the ODA program 
has on FAA resources and the FAA’s ability to process applica-
tions 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 recommenda-
tions 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 submis-
sion of the report under subsection (d), or on the date that is 
1 year after the Panel is convened under subsection (a), whichever 
occurs first. 
SEC. 214. TYPE CERTIFICATION RESOLUTION PROCESS. 
(a) IN GENERAL.—Section 44704(a) of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(6) TYPE CERTIFICATION RESOLUTION PROCESS.— 
‘‘(A) IN GENERAL.—Not later than 15 months after the 
date of enactment of the FAA Reauthorization Act of 2018, 
the Administrator shall establish an effective, timely, and 
milestone-based issue resolution process for type certifi-
cation activities under this subsection. 
‘‘(B) PROCESS REQUIREMENTS.—The resolution process 
shall provide for— 
‘‘(i) resolution of technical issues at pre-established 
stages of the certification process, as agreed to by 
the Administrator and the type certificate applicant; 
‘‘(ii) automatic elevation to appropriate manage-
ment personnel of the Federal Aviation Administration 
and the type certificate applicant of any major certifi-
cation 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 
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132 STAT. 3251 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(iii) resolution of a major certification process 
milestone elevated pursuant to clause (ii) within a 
specific period of time agreed to by the Administrator 
and the type certificate applicant. 
‘‘(C) 
MAJOR
CERTIFICATION
PROCESS
MILESTONE 
DEFINED.—In this paragraph, the term ‘major certification 
process milestone’ means a milestone related to a type 
certification basis, type certification plan, type inspection 
authorization, issue paper, or other major type certification 
activity agreed to by the Administrator and the type certifi-
cate applicant.’’. 
(b) TECHNICAL AMENDMENT.—Section 44704 of title 49, United 
States Code, is amended in the section heading by striking ‘‘air-
worthiness certificates,,’’ and inserting ‘‘airworthiness certifi-
cates,’’. 
SEC. 215. REVIEW OF CERTIFICATION PROCESS FOR SMALL GENERAL 
AVIATION AIRPLANES. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment 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 Comp-
troller General shall assess— 
(1) how the rule puts into practice the Administration’s 
efforts to implement performance and risk-based safety stand-
ards; 
(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 capabili-
ties; 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 air-
craft. 
(c) REPORT.—Not later than 180 days after the date of initiation 
of the review, the Comptroller General shall submit to the appro-
priate 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 Administra-
tion’s progress with respect to— 
(1) determining what additional model inputs and labor 
distribution codes are needed to identify ODA oversight staffing 
needs; 
(2) developing and implementing system-based evaluation 
criteria and risk-based tools to aid ODA team members in 
targeting their oversight activities; 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(3) developing agreements and processes for sharing 
resources to ensure adequate oversight of ODA personnel per-
forming certification and inspection work at supplier and com-
pany facilities; and 
(4) ensuring full utilization of ODA authority. 
(b) ODA DEFINED.—In this section, the term ‘‘ODA’’ has the 
meaning given that term in section 44736 of title 49, United States 
Code, as added by this Act. 
Subtitle C—Flight Standards Reform 
SEC. 221. FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND 
METRICS. 
(a) IN GENERAL.—Not later than 120 days after the date on 
which the Advisory Committee is established under section 202, 
the Administrator shall establish performance objectives and apply 
and track performance metrics for the FAA and the aviation 
industry relating to flight standards activities in accordance with 
this section. 
(b) COLLABORATION.—The Administrator shall carry out this 
section in collaboration with the Advisory Committee, and update 
agency performance objectives and metrics after considering the 
recommendations of the Advisory Committee under paragraphs (8) 
and (9) of section 202(c). 
(c) PERFORMANCE OBJECTIVES.—In carrying out subsection (a), 
the Administrator shall establish performance objectives for the 
FAA and the aviation industry to ensure that, with respect to 
flight standards activities, progress is made toward, at a min-
imum— 
(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 designa-
tion 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 sys-
tems safety approach to oversight; 
(8) developing and allowing utilization of a single master 
source for guidance; 
(9) providing and utilizing a streamlined appeal process 
for the resolution of regulatory interpretation questions; 
(10) maintaining and improving safety; and 
(11) increasing transparency. 
(d) PERFORMANCE METRICS.—In carrying out subsection (a), 
the Administrator shall apply and track performance metrics for 
the FAA and the regulated aviation industry established by the 
Advisory Committee. 
(e) DATA GENERATION.— 
(1) BASELINES.—Not later than 1 year after the date on 
which the Advisory Committee recommends initial performance 
metrics for the FAA and the regulated aviation industry under 
49 USC 44701 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
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 gen-
erated using the performance metrics applied and tracked under 
this section available to the public in a searchable, sortable, and 
downloadable format through the internet website of the FAA or 
other appropriate methods and shall ensure that the data are 
made available in a manner that— 
(1) does not provide identifying information regarding an 
individual or entity; and 
(2) 
prevents 
inappropriate 
disclosure 
of 
proprietary 
information. 
SEC. 222. FAA TASK FORCE ON FLIGHT STANDARDS REFORM. 
(a) ESTABLISHMENT.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall establish the 
FAA Task Force on Flight Standards Reform (in this section 
referred to as the ‘‘Task Force’’). 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The membership of the Task Force 
shall be appointed by the Administrator. 
(2) NUMBER.—The Task Force shall be composed of not 
more than 20 members. 
(3) REPRESENTATION REQUIREMENTS.—The membership of 
the Task Force shall include representatives, with knowledge 
of flight standards regulatory processes and requirements, of— 
(A) air carriers; 
(B) general aviation; 
(C) business aviation; 
(D) repair stations; 
(E) unmanned aircraft systems operators; 
(F) flight schools; 
(G) labor unions, including those representing FAA 
aviation safety inspectors and those representing FAA avia-
tion 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 recommenda-
tions, 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 Stand-
ards activities and responses necessary for type certification, 
operational evaluation, and entry into service of newly manufac-
tured aircraft; 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(5) FAA aviation safety inspector standards and perform-
ance; 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 pro-
vided by the Task Force under subsection (c); and 
(2) any recommendations of the Task Force for additional 
regulatory, policy, or cost-effective legislative action to improve 
the efficiency of agency activities. 
(e) APPLICABLE LAW.—Public Law 92–463 shall not apply to 
the Task Force. 
(f) SUNSET.—The Task Force shall terminate on the earlier 
of— 
(1) the date on which the Task Force submits the report 
required under subsection (d); or 
(2) the date that is 18 months after the date on which 
the Task Force is established under subsection (a). 
SEC. 223. CENTRALIZED SAFETY GUIDANCE DATABASE. 
(a) ESTABLISHMENT.—Not later than 1 year after the date of 
enactment of this Act, the Administrator shall establish a central-
ized 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 docu-
ment relates; and 
(3) be publicly available in a manner that— 
(A) protects from disclosure identifying information 
regarding an individual or entity; and 
(B) prevents inappropriate disclosure proprietary 
information. 
(b) DATA ENTRY TIMING.— 
(1) EXISTING DOCUMENTS.—Not later than 14 months after 
the date of enactment of this Act, the Administrator shall 
begin entering into the database established under subsection 
(a) all of the regulatory guidance documents of the Office of 
Aviation Safety that are in effect and were issued before the 
date on which the Administrator begins such entry process. 
(2) NEW DOCUMENTS AND CHANGES.—On and after the date 
on which the Administrator begins the document entry process 
under paragraph (1), the Administrator shall ensure that all 
new regulatory guidance documents of the Office of Aviation 
Safety and any changes to existing documents are included 
in the database established under subsection (a) as such docu-
ments 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. 
49 USC 44701 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(d) REGULATORY GUIDANCE DOCUMENTS DEFINED.—In this sec-
tion, 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 require-
ments, 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 state-
ment, 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 Regu-
latory Consistency Communications Board (in this section referred 
to as the ‘‘Board’’). 
(b) CONSULTATION REQUIREMENT.—In establishing the Board, 
the Administrator shall consult and collaborate with appropriate 
stakeholders, including FAA labor organizations (including labor 
organizations representing FAA aviation safety inspectors) and 
industry stakeholders. 
(c) MEMBERSHIP.—The Board shall be composed of FAA rep-
resentatives, 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 func-
tions: 
(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 per-
sonnel in another office or region is correct or incorrect; 
and 
(C) any other person may submit written anonymous 
regulatory interpretation questions. 
(2) Meet on a regular basis to discuss and resolve questions 
submitted pursuant to paragraph (1) and the appropriate 
application of regulations and policy with respect to each ques-
tion. 
(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 with-
out 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, 
49 USC 44701 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
the Administrator, in collaboration with the Advisory Committee, 
shall— 
(1) establish performance metrics, timelines, and goals to 
measure the progress of the Board in resolving regulatory 
interpretation questions submitted pursuant to subsection 
(d)(1); and 
(2) implement a process for tracking the progress of the 
Board in meeting the performance metrics, timelines, and goals 
established under paragraph (1). 
Subtitle D—Safety Workforce 
SEC. 231. SAFETY WORKFORCE TRAINING STRATEGY. 
(a) SAFETY WORKFORCE TRAINING STRATEGY.—Not later than 
60 days after the date of enactment of this Act, the Administrator 
shall review and revise its safety workforce training strategy to 
ensure that such strategy— 
(1) aligns with an effective risk-based approach to safety 
oversight; 
(2) best uses available resources; 
(3) allows FAA employees participating in organization 
management teams or conducting ODA program audits to com-
plete, in a timely fashion, appropriate training, including recur-
rent training, in auditing and a systems safety approach to 
oversight; 
(4) seeks knowledge-sharing opportunities between the FAA 
and the aviation industry in new technologies, equipment and 
systems, best practices, and other areas of interest related 
to safety oversight; 
(5) functions within the current and anticipated budgetary 
environments; 
(6) fosters an inspector and engineer workforce that has 
the skills and training necessary to improve risk-based 
approaches that focus on requirements management and 
auditing skills; and 
(7) includes, as appropriate, milestones and metrics for 
meeting the requirements of paragraphs (1) through (5). 
(b) REPORT.—Not later than 270 days after the date of the 
revision of the strategy required under subsection (a), the Adminis-
trator shall submit to the appropriate committees of Congress a 
report on the implementation of the strategy and progress in 
meeting any milestones and metrics included in the strategy. 
(c) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) ODA; ODA
HOLDER.—The terms ‘‘ODA’’ and ‘‘ODA 
holder’’ have the meanings given those terms in section 44736 
of title 49, United States Code, as added by this Act. 
(2) ODA PROGRAM.—The term ‘‘ODA program’’ means the 
program to standardize FAA management and oversight of 
the organizations that are approved to perform certain functions 
on behalf of the Administration under section 44702(d) of title 
49, United States Code. 
(3) 
ORGANIZATION
MANAGEMENT
TEAM.—The 
term 
‘‘organization management team’’ means a team consisting of 
FAA aviation safety engineers, flight test pilots, and aviation 
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PUBLIC LAW 115–254—OCT. 5, 2018 
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 antici-
pated budgetary environment. 
(b) CONTENTS.—The review required under subsection (a) shall 
include— 
(1) a review of current aviation safety inspector and avia-
tion 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 avia-
tion safety regulatory environment, including the need for a 
systems engineering discipline within the FAA to guide the 
engineering of complex systems, with an emphasis on auditing 
designated authorities; 
(3) a review of current performance incentive policies of 
the FAA, as applied to the Office of Aviation Safety, including 
awards for performance; 
(4) an analysis of ways the FAA can work with industry 
and labor, including labor groups representing FAA aviation 
safety inspectors and aviation safety engineers, to establish 
knowledge-sharing opportunities between the FAA and the 
aviation industry regarding new equipment and systems, best 
practices, and other areas of interest; and 
(5) recommendations on the most effective qualifications, 
training programs (including e-learning training), and perform-
ance 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 enact-
ment 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 appro-
priate actions to— 
‘‘(1) promote United States aerospace-related safety stand-
ards 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, 
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132 STAT. 3258 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 proc-
esses.’’. 
SEC. 242. BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPON-
SIBILITIES. 
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 Regula-
tions, issued by an aeronautical safety authority of a foreign 
country, and leverage that authority’s regulatory process, 
if— 
‘‘(i) the country is the state of design for the 
product that is the subject of the airworthiness direc-
tive; 
‘‘(ii) the United States has a bilateral safety agree-
ment 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 cer-
tification 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 direc-
tives; and 
‘‘(v) the airworthiness directive is necessary to pro-
vide for the safe operation of the aircraft subject to 
the directive. 
‘‘(B) 
ALTERNATIVE
APPROVAL
PROCESS.—Notwith-
standing subparagraph (A), the Administrator may issue 
a Federal Aviation Administration airworthiness directive 
instead of accepting an airworthiness directive otherwise 
eligible for acceptance under such subparagraph, if the 
Administrator determines that such issuance is necessary 
for safety or operational reasons due to the complexity 
or unique features of the Federal Aviation Administration 
airworthiness directive or the United States aviation 
system. 
‘‘(C) 
ALTERNATIVE
MEANS
OF
COMPLIANCE.—The 
Administrator may— 
‘‘(i) accept an alternative means of compliance, 
with respect to an airworthiness directive accepted 
under subparagraph (A), that was approved by the 
aeronautical safety authority of the foreign country 
that issued the airworthiness directive; or 
‘‘(ii) notwithstanding subparagraph (A), and at the 
request of any person affected by an airworthiness 
directive accepted under such subparagraph, approve 
an alternative means of compliance with respect to 
the airworthiness directive. 
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132 STAT. 3259 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(D) LIMITATION.—The Administrator may not accept 
an airworthiness directive issued by an aeronautical safety 
authority of a foreign country if the airworthiness directive 
addresses matters other than those involving the safe oper-
ation 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 aero-
nautical products; 
(3) provide assistance to United States companies that 
have experienced significantly long foreign validation wait 
times; 
(4) work with foreign authorities, including bilateral part-
ners, 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 valida-
tion of foreign-certified products by the FAA; 
(5) establish appropriate benchmarks and metrics to 
measure the success of bilateral aviation safety agreements 
and to reduce the validation time for United States certificated 
aeronautical products abroad; and 
(6) work with foreign authorities, including bilateral part-
ners, to improve the timeliness of the acceptance and validation 
of FAA design and production approvals by foreign authorities 
and the acceptance and validation of foreign-certified products 
by the FAA. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report that— 
(1) describes the FAA’s strategic plan for international 
engagement; 
(2) describes the structure and responsibilities of all FAA 
offices that have international responsibilities, including the 
Aircraft Certification Office, and all the activities conducted 
by those offices related to certification and production; 
(3) describes current and forecasted staffing and travel 
needs for the FAA’s international engagement activities, 
including the needs of the Aircraft Certification Office in the 
current and forecasted budgetary environment; 
(4) provides recommendations, if appropriate, to improve 
the existing structure and personnel and travel policies sup-
porting 
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 ini-
tiatives, or legislative initiatives needed to improve and enhance 
49 USC 44701 
note. 
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132 STAT. 3260 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 nec-
essary— 
(1) to promote United States aerospace safety standards; 
or 
(2) to support expedited acceptance of FAA design and 
production approvals. 
SEC. 244. REGISTRATION, CERTIFICATION, AND RELATED FEES. 
Section 45305 of title 49, United States Code, is amended— 
(1) in subsection (a) by striking ‘‘Subject to subsection 
(b)’’ and inserting ‘‘Subject to subsection (c)’’; 
(2) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; and 
(3) by inserting after subsection (a) the following: 
‘‘(b) CERTIFICATION SERVICES.—Subject to subsection (c), and 
notwithstanding section 45301(a), the Administrator may establish 
and collect a fee from a foreign government or entity for services 
related to certification, regardless of where the services are pro-
vided, if the fee— 
‘‘(1) is established and collected in a manner consistent 
with aviation safety agreements; and 
‘‘(2) does not exceed the estimated costs of the services.’’. 
TITLE III—SAFETY 
Subtitle A—General Provisions 
SEC. 301. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the FAA. 
(2) FAA.—The term ‘‘FAA’’ means the Federal Aviation 
Administration. 
SEC. 302. FAA TECHNICAL TRAINING. 
(a) E-LEARNING TRAINING PILOT PROGRAM.—Not later than 90 
days after the date of enactment of this Act, the Administrator, 
in collaboration with the exclusive bargaining representatives of 
covered FAA personnel, shall establish an e-learning training pilot 
program in accordance with the requirements of this section. 
(b) CURRICULUM.—The pilot program shall— 
(1) include a recurrent training curriculum for covered 
FAA personnel to ensure that the covered FAA personnel 
receive instruction on the latest aviation technologies, proc-
esses, 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. 
49 USC 44701 
note. 
49 USC 44701 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(c) PILOT PROGRAM TERMINATION.—The pilot program shall 
terminate 1 year after the date of establishment of the pilot pro-
gram. 
(d) E-LEARNING TRAINING PROGRAM.—Upon termination of the 
pilot program, the Administrator shall assess and establish or 
update an e-learning training program that incorporates lessons 
learned for covered FAA personnel as a result of the pilot program. 
(e) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) COVERED FAA PERSONNEL.—The term ‘‘covered FAA per-
sonnel’’ means airway transportation systems specialists and 
aviation safety inspectors of the Federal Aviation Administra-
tion. 
(2) E-LEARNING TRAINING.—The term ‘‘e-learning training’’ 
means learning utilizing electronic technologies to access edu-
cational curriculum outside of a traditional classroom. 
SEC. 303. SAFETY CRITICAL STAFFING. 
(a) UPDATE OF FAA’S SAFETY CRITICAL STAFFING MODEL.— 
Not later than 270 days after the date of enactment of this Act, 
the Administrator shall update the safety critical staffing model 
of the Administration to determine the number of aviation safety 
inspectors that will be needed to fulfill the safety oversight mission 
of the Administration. 
(b) AUDIT BY DOT INSPECTOR GENERAL.— 
(1) IN GENERAL.—Not later than 90 days after the date 
on which the Administrator has updated the safety critical 
staffing model under subsection (a), the Inspector General of 
the Department of Transportation shall conduct an audit of 
the staffing model. 
(2) CONTENTS.—The audit shall include, at a minimum— 
(A) a review of the assumptions and methodologies 
used in devising and implementing the staffing model to 
assess the adequacy of the staffing model in predicting 
the number of aviation safety inspectors needed— 
(i) to properly fulfill the mission of the Administra-
tion; and 
(ii) to meet the future growth of the aviation 
industry; and 
(B) a determination on whether the staffing model 
takes into account the Administration’s authority to fully 
utilize designees. 
(3) REPORT ON AUDIT.— 
(A) REPORT TO SECRETARY.—Not later than 30 days 
after the date of completion of the audit, the Inspector 
General shall submit to the Secretary a report on the 
results of the audit. 
(B) REPORT
TO
CONGRESS.—Not later than 60 days 
after the date of receipt of the report, the Secretary shall 
submit to the appropriate committees of Congress a copy 
of the report, together with, if appropriate, a description 
of any actions taken or to be taken to address the results 
of the audit. 
SEC. 304. INTERNATIONAL EFFORTS REGARDING TRACKING OF CIVIL 
AIRCRAFT. 
The Administrator shall exercise leadership on creating a global 
approach to improving aircraft tracking by working with— 
49 USC 40104 
note. 
49 USC 44701 
note. 
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132 STAT. 3262 
PUBLIC LAW 115–254—OCT. 5, 2018 
(1) foreign counterparts of the Administrator in the Inter-
national 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 assess-
ment of aircraft data access and retrieval systems for part 121 
air carrier aircraft that are used in extended overwater operations 
to— 
(1) determine if the systems provide improved access and 
retrieval of aircraft data and cockpit voice recordings in the 
event of an aircraft accident; and 
(2) assess the cost effectiveness of each system assessed. 
(b) SYSTEMS TO BE EXAMINED.—The systems to be examined 
under this section shall include, at a minimum— 
(1) various methods for improving detection and retrieval 
of flight data, including— 
(A) low-frequency underwater locating devices; and 
(B) extended battery life for underwater locating 
devices; 
(2) automatic deployable flight recorders; 
(3) emergency locator transmitters; 
(4) triggered transmission of flight data and other satellite- 
based solutions; 
(5) distress-mode tracking; and 
(6) protections against disabling flight recorder systems. 
(c) REPORT.—Not later than 1 year after the date of initiation 
of the assessment, the Administrator shall submit to the appropriate 
committees of Congress a report on the results of the assessment. 
(d) PART 121 AIR CARRIER DEFINED.—In this section, the term 
‘‘part 121 air carrier’’ means an air carrier with authority to conduct 
operations under part 121 of title 14, Code of Federal Regulations. 
SEC. 306. ADVANCED COCKPIT DISPLAYS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Administrator shall initiate a review 
of heads-up display systems, heads-down display systems employing 
synthetic vision systems, and enhanced vision systems (in this 
section referred to as ‘‘HUD systems’’, ‘‘SVS’’, and ‘‘EVS’’, respec-
tively). 
(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 Adminis-
trator 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, 
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132 STAT. 3263 
PUBLIC LAW 115–254—OCT. 5, 2018 
the actions the Administrator plans to take with respect to the 
systems reviewed, and the associated timeline for such actions. 
SEC. 307. EMERGENCY MEDICAL EQUIPMENT ON PASSENGER AIR-
CRAFT. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment 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 oper-
ating 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 emer-
gency medical needs of children and pregnant women. 
SEC. 308. FAA AND NTSB REVIEW OF GENERAL AVIATION SAFETY. 
(a) STUDY REQUIRED.—Not later than 30 days after the date 
of enactment of this Act, the Administrator, in coordination with 
the Chairman of the National Transportation Safety Board, shall 
initiate a study of general aviation safety. 
(b) STUDY CONTENTS.—The study required under subsection 
(a) shall include— 
(1) a review of all general aviation accidents since 2000, 
including a review of— 
(A) the number of such accidents; 
(B) the number of injuries and fatalities, including 
with respect to both occupants of aircraft and individuals 
on the ground, as a result of such accidents; 
(C) the number of such accidents investigated by the 
National Transportation Safety Board; 
(D) the number of such accidents investigated by the 
FAA; and 
(E) a summary of the factual findings and probable 
cause determinations with respect to such accidents; 
(2) an assessment of the most common probable cause 
determinations issued for general aviation accidents since 2000; 
(3) an assessment of the most common facts analyzed by 
the FAA and the National Transportation Safety Board in 
the course of investigations of general aviation accidents since 
2000, including operational details; 
(4) a review of the safety recommendations of the National 
Transportation Safety Board related to general aviation 
accidents since 2000; 
(5) an assessment of the responses of the FAA and the 
general aviation community to the safety recommendations of 
the National Transportation Safety Board related to general 
aviation accidents since 2000; 
(6) an assessment of the most common general aviation 
safety issues; 
(7) a review of the total costs to the Federal Government 
to conduct investigations of general aviation accidents over 
the last 10 years; and 
(8) other matters the Administrator or the Chairman con-
siders appropriate. 
(c) RECOMMENDATIONS
AND ACTIONS TO ADDRESS GENERAL 
AVIATION SAFETY.—Based on the results of the study required under 
49 USC 44701 
note. 
49 USC 44701 
note. 
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132 STAT. 3264 
PUBLIC LAW 115–254—OCT. 5, 2018 
subsection (a), the Administrator, in consultation with the Chair-
man, shall make such recommendations, including with respect 
to regulations and enforcement activities, as the Administrator 
considers necessary to— 
(1) address general aviation safety issues identified under 
the study; 
(2) protect persons and property on the ground; and 
(3) improve the safety of general aviation operators in 
the United States. 
(d) AUTHORITY.—Notwithstanding any other provision of law, 
the Administrator shall have the authority to undertake actions 
to address the recommendations made under subsection (c). 
(e) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on the results of the study required 
under subsection (a), including the recommendations described in 
subsection (c). 
(f) GENERAL AVIATION DEFINED.—In this section, the term ‘‘gen-
eral 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 produc-
tion, including the oversight of those processes; 
(2) a review of Administration regulations, guidance, and 
directives related to airline engine operation and maintenance 
and the oversight of those processes; 
(3) a review of reportable accidents and incidents involving 
airline engines during calendar years 2014 through 2018, 
including any identified contributing factors to the reportable 
accident or incident; and 
(4) a process for stakeholders, including inspectors, manu-
facturers, 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. 
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132 STAT. 3265 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 311. PART 135 ACCIDENT AND INCIDENT DATA. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator shall— 
(1) determine, in collaboration with the National Transpor-
tation 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 poten-
tial obstacles to implementation. 
(b) DEFINITION OF PART 135.—In this section, the term ‘‘part 
135’’ means part 135 of title 14, Code of Federal Regulations. 
SEC. 312. SENSE OF CONGRESS; PILOT IN COMMAND AUTHORITY. 
It is the sense of Congress that the pilot in command of an 
aircraft is directly responsible for, and is the final authority as 
to, the operation of that aircraft, as set forth in section 91.3(a) 
of title 14, Code of Federal Regulations (or any successor regulation 
thereto). 
SEC. 313. REPORT ON CONSPICUITY NEEDS FOR SURFACE VEHICLES 
OPERATING ON THE AIRSIDE OF AIR CARRIER SERVED 
AIRPORTS. 
(a) STUDY REQUIRED.—The Administrator shall carry out a 
study on the need for the FAA to prescribe conspicuity standards 
for surface vehicles operating on the airside of the categories of 
airports that air carriers serve as specified in subsection (b). 
(b) COVERED AIRPORTS.—The study required by subsection (a) 
shall cover, at a minimum, 1 large hub airport, 1 medium hub 
airport, and 1 small hub airport, as those terms are defined in 
section 40102 of title 49, United States Code. 
(c) REPORT TO CONGRESS.—Not later than July 1, 2019, the 
Administrator shall submit to the appropriate committees of Con-
gress a report setting forth the results of the study required by 
subsection (a), including such recommendations as the Adminis-
trator considers appropriate regarding the need for the Administra-
tion 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 enact-
ment of this Act, the Administrator, in collaboration with helicopter 
air ambulance industry stakeholders, shall assess the availability 
of information to the general public related to the location of heli-
ports 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— 
49 USC 44731 
note. 
49 USC 44731 
note. 
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132 STAT. 3266 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 ambu-
lance services; or 
(2) develop, as appropriate and in collaboration with heli-
copter 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 rec-
ommendations on how to make information related to the loca-
tion of heliports and helipads used by helicopters providing 
air ambulance services available to the general public. 
(2) IMPLEMENTATION REPORT.—Not later than 30 days after 
completing action under paragraph (1) or paragraph (2) of 
subsection (b), the Administrator shall submit to the appro-
priate committees of Congress a report on such action. 
(d) INCIDENT AND ACCIDENT DATA.—Section 44731 of title 49, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘not later than 1 year after the date of enactment of this 
section, and annually thereafter’’ and inserting ‘‘annually’’; 
(B) in paragraph (2), by striking ‘‘flights and hours 
flown, by registration number, during which helicopters 
operated by the certificate holder were providing helicopter 
air ambulance services’’ and inserting ‘‘hours flown by the 
helicopters operated by the certificate holder’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘of flight’’ and inserting ‘‘of patients 
transported and the number of patient transport’’; 
(ii) by inserting ‘‘or’’ after ‘‘interfacility transport,’’; 
and 
(iii) by striking ‘‘, or ferry or repositioning flight’’; 
(D) in paragraph (5)— 
(i) by striking ‘‘flights and’’; and 
(ii) by striking ‘‘while providing air ambulance 
services’’; and 
(E) by amending paragraph (6) to read as follows: 
‘‘(6) The number of hours flown at night by helicopters 
operated by the certificate holder.’’; 
(2) in subsection (d)— 
(A) by striking ‘‘Not later than 2 years after the date 
of enactment of this section, and annually thereafter, the 
Administrator shall submit’’ and inserting ‘‘The Adminis-
trator shall submit annually’’; and 
(B) by adding at the end the following: ‘‘The report 
shall include the number of accidents experienced by heli-
copter air ambulance operations, the number of fatal 
accidents experienced by helicopter air ambulance oper-
ations, and the rate, per 100,000 flight hours, of accidents 
and fatal accidents experienced by operators providing heli-
copter air ambulance services.’’; 
49 USC 44731 
note. 
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132 STAT. 3267 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 rec-
ommendations regarding, pilot rest and duty rules under part 135 
of title 14, Code of Federal Regulations. 
(b) DUTIES.—The Administrator shall— 
(1) not later than 2 years after the date of enactment 
of this Act, submit to the appropriate committees of Congress 
a report based on the findings of the aviation rulemaking 
committee; and 
(2) not later than 1 year after the date of submission 
of the report under paragraph (1), issue a notice of proposed 
rulemaking based on any consensus recommendations reached 
by the aviation rulemaking committee. 
(c) COMPOSITION.—The aviation rulemaking committee shall 
consist of members appointed by the Administrator, including— 
(1) representatives of industry; 
(2) 
representatives 
of 
aviation 
labor 
organizations, 
including collective bargaining units representing pilots who 
are covered by part 135 of title 14, Code of Federal Regulations, 
and subpart K of part 91 of such title; and 
(3) aviation safety experts with specific knowledge of flight 
crewmember education and training requirements under part 
135 of such title. 
(d) CONSIDERATIONS.—The Administrator shall direct the avia-
tion rulemaking committee to consider— 
(1) recommendations of prior part 135 rulemaking commit-
tees; 
(2) accommodations necessary for small businesses; 
(3) scientific data derived from aviation-related fatigue and 
sleep research; 
(4) data gathered from aviation safety reporting programs; 
(5) the need to accommodate the diversity of operations 
conducted under part 135, including the unique duty and rest 
time requirements of air ambulance pilots; and 
(6) other items, as appropriate. 
SEC. 316. REPORT ON OBSOLETE TEST EQUIPMENT. 
(a) REPORT.—Not later than 180 days after the date of enact-
ment 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’’). 
49 USC 44701 
note. 
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132 STAT. 3268 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) CONTENTS.—The report shall include— 
(1) a list of all known outstanding requests for test equip-
ment, cataloged by type and location, under the Program; 
(2) a description of the current method under the Program 
of ensuring calibrated equipment is in place for utilization; 
(3) a plan by the Administrator for appropriate inventory 
of such equipment; 
(4) the Administrator’s recommendations for increasing 
multifunctionality in future test equipment and all known and 
foreseeable manufacturer technological advances; and 
(5) a plan to replace, as appropriate, obsolete test equip-
ment 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 Avia-
tion 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 para-
graphs (1), (2), (3), (5), and (6) of section 29.952(a), section 
29.952(c), section 29.952(f), section 29.952(g), section 
29.963(b) (but allowing for a minimum puncture force of 
250 pounds if successfully drop tested in-structure), and 
29.975(a)(7) of title 14, Code of Federal Regulations, as 
in effect on the date of enactment of this section; or 
‘‘(B) employ other means acceptable to the Adminis-
trator to provide an equivalent level of fuel system crash 
resistance. 
‘‘(2) COVERED ROTORCRAFT DEFINED.—In this subsection, 
the term ‘covered rotorcraft’ means a rotorcraft not otherwise 
required to comply with section 27.952, section 27.963, and 
section 27.975, or section 29.952, section 29.963, and section 
29.975 of title 14, Code of Federal Regulations as in effect 
on the date of enactment of this section for which manufacture 
was completed, as determined by the Administrator, on or 
after the date that is 18 months after the date of enactment 
of this section. 
‘‘(b) ADMINISTRATIVE PROVISIONS.—The Administrator shall— 
‘‘(1) expedite the certification and validation of United 
States and foreign type designs and retrofit kits that improve 
fuel system crashworthiness; and 
‘‘(2) not later than 180 days after the date of enactment 
of this section, and periodically thereafter, issue a bulletin 
to— 
‘‘(A) inform rotorcraft owners and operators of available 
modifications to improve fuel system crashworthiness; and 
49 USC 44737. 
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132 STAT. 3269 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 crew-
member of other aircraft. 
(c) AIR BALLOON DEFINED.—In this section, the term ‘‘air bal-
loon’’ has the meaning given the term ‘‘balloon’’ in section 1.1 
of title 14, Code of Federal Regulations (or any corresponding 
similar regulation or ruling). 
SEC. 319. DESIGNATED PILOT EXAMINER REFORMS. 
(a) IN GENERAL.—The Administrator shall assign to the Avia-
tion Rulemaking Advisory Committee (in this section referred to 
as the ‘‘Committee’’) the task of reviewing all regulations and poli-
cies 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 exam-
iners, and provide recommendations with respect to the regulatory 
and policy changes necessary to ensure an adequate number of 
designated pilot examiners are deployed and available to perform 
their duties. The Committee also shall make recommendations with 
respect to the regulatory and policy changes if necessary to allow 
a designated pilot examiner perform a daily limit of 3 new check 
rides with no limit for partial check rides and to serve as a designed 
pilot examiner without regard to any individual managing office. 
(b) ACTION BASED ON RECOMMENDATIONS.—Not later than 1 
year after receiving recommendations under subsection (a), the 
Administrator shall take such action as the Administrator considers 
appropriate with respect to those recommendations. 
SEC. 320. VOLUNTARY REPORTS OF OPERATIONAL OR MAINTENANCE 
ISSUES RELATED TO AVIATION SAFETY. 
(a) IN GENERAL.—There shall be a presumption that an individ-
ual’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 
49 USC 44701 
note. 
49 USC 449703 
note. 
49 USC 449703 
note. 
Commercial 
Balloon Pilot 
Safety Act 
of 2018. 
49 USC 
prec. 44701. 
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132 STAT. 3270 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 Administra-
tion member of the event review committee in the case that 
the review committee does not reach consensus, determines 
that the report fails to meet the criteria for acceptance under 
such program. 
(2) PROTECTIONS.—In any case in which a report of an 
individual described under subsection (a) is rejected under para-
graph (1)— 
(A) the enforcement-related incentive offered to the 
individual for making such a report shall not apply; and 
(B) the protection from disclosure of the report itself 
under section 40123 of title 49, United States Code, shall 
not apply. 
(3) AVIATION SAFETY ACTION PROGRAM DEFINED.—In this 
section, the term ‘‘aviation safety action program’’ means a 
program established in accordance with Federal Aviation 
Administration Advisory Circular 120–66B, issued November 
15, 2002 (including any similar successor advisory circular), 
to allow an individual to voluntarily disclose operational or 
maintenance issues related to aviation safety. 
SEC. 321. EVALUATION REGARDING ADDITIONAL GROUND BASED 
TRANSMITTERS. 
The Administrator shall conduct an evaluation of providing 
additional ground based transmitters for Automatic Dependent 
Surveillance–Broadcasts (ADS–B) to provide a minimum oper-
ational network in Alaska along major flight routes. 
SEC. 322. IMPROVED SAFETY IN RURAL AREAS. 
The Administrator shall permit an air carrier operating pursu-
ant 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 proce-
dures for departure and en route weather evaluation. 
SEC. 323. EXIT ROWS. 
(a) REVIEW.—The Administrator shall conduct a review of cur-
rent 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 Adminis-
trator shall consult with air carriers, aviation manufacturers, and 
labor stakeholders. 
49 USC 44720 
note. 
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132 STAT. 3271 
PUBLIC LAW 115–254—OCT. 5, 2018 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on the results of the review. 
(d) COVERED AIRCRAFT DEFINED.—In this section, the term 
‘‘covered aircraft’’ means an aircraft operating under part 121 of 
title 14, Code of Federal Regulations. 
SEC. 324. COMPTROLLER GENERAL REPORT ON FAA ENFORCEMENT 
POLICY. 
Not later than 1 year after the date of enactment of this 
Act, the Comptroller General of the United States shall complete 
a study, and report to the appropriate committees of Congress 
on the results thereof, on the effectiveness of Order 8000.373, 
Federal Aviation Administration Compliance Philosophy, announced 
on June 26, 2015. Such study shall include information about— 
(1) whether reports of safety incidents increased following 
the order; 
(2) whether reduced enforcement penalties increased the 
overall number of safety incidents that occurred; and 
(3) whether FAA enforcement staff registered complaints 
about reduced enforcement reducing compliance with safety 
regulations. 
SEC. 325. ANNUAL SAFETY INCIDENT REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, and annually thereafter for 5 years, the Adminis-
trator, 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 perform-
ance 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 consulta-
tion with relevant stakeholders, establish and make available on 
a publicly available Internet website of the Administration, edu-
cational materials for flight attendants, pilots, and aircraft mainte-
nance technicians on how to respond to incidents on board aircraft 
involving smoke or fumes. 
(b) REPORTING OF INCIDENTS OF SMOKE OR FUMES ON BOARD 
AIRCRAFT.—Not later than 180 days after the date of enactment 
of this Act, the Administrator shall, in consultation with relevant 
stakeholders, issue guidance for flight attendants, pilots, and air-
craft 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. 
49 USC 40101 
note. 
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132 STAT. 3272 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 tech-
nologies to effectively monitor the aircraft air supply system 
when the aircraft is in flight; and 
(4) to identify potential techniques to prevent fume events. 
(d) REPORT REQUIRED.—Not later than 18 months after the 
date of enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report on the feasibility, 
efficacy, and cost-effectiveness of certification and installation of 
systems to evaluate bleed air quality. 
(e) PILOT PROGRAM.—The FAA may conduct a pilot program 
to evaluate the effectiveness of technologies identified in subsection 
(c). 
SEC. 327. APPROACH CONTROL RADAR. 
The Administrator shall— 
(1) identify airports that are currently served by FAA 
towers with nonradar approach and departure control (type 
4 classification in the Federal Aviation Administration 
OPSNET); and 
(2) develop an implementation plan, which takes into 
account budgetary and flight volume considerations, to provide 
an airport identified under paragraph (1), if appropriate, with 
approach control radar. 
SEC. 328. REPORT ON AIRLINE AND PASSENGER SAFETY. 
(a) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on airline and passenger safety. 
(b) CONTENTS.—The report required under subsection (a) shall 
include— 
(1) the average age of commercial aircraft owned and oper-
ated 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 commer-
cial aircraft; and 
(6) a re-evaluation of the rules on inspection of aging air-
planes. 
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 
49 USC 40101 
note. 
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132 STAT. 3273 
PUBLIC LAW 115–254—OCT. 5, 2018 
on and after the date of enactment of this Act are issued in the 
form of performance-based standards, providing an equal or higher 
level of safety. 
SEC. 330. REPORT AND RECOMMENDATIONS ON CERTAIN AVIATION 
SAFETY RISKS. 
Not later than 1 year after the date of the enactment of this 
Act, the Administrator shall submit to the appropriate committees 
of Congress a report that— 
(1) identifies safety risks associated with power outages 
at airports caused by weather or other factors, and recommends 
actions to improve resilience of aviation communication, naviga-
tion, 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 GEN-
ERAL.—Not later than 90 days after the date of enactment of this 
Act, the inspector general of the Department of Transportation 
shall initiate a follow-up review of the FAA’s Aviation Safety 
Information Analysis and Sharing (ASIAS) system to assess FAA’s 
efforts and plans to improve the system. 
(b) REVIEW.—The review shall include, at a minimum, an 
evaluation of FAA’s efforts to improve the ASIAS system’s predictive 
capabilities and solutions developed to more widely disseminate 
results of ASIAS data analyses, as well as an update on previous 
inspector general recommendations to improve this safety analysis 
and sharing system. 
(c) REPORT.—The inspector general shall submit to the appro-
priate committees of Congress a report on the results of the review 
carried out under this section and any recommendations to improve 
FAA’s ASIAS system. 
SEC. 332. AIRPORT RESCUE AND FIREFIGHTING. 
(a) FIREFIGHTING FOAM.—Not later than 3 years after the date 
of enactment of this Act, the Administrator, using the latest version 
of National Fire Protection Association 403, ‘‘Standard for Aircraft 
Rescue and Fire-Fighting Services at Airports’’, and in coordination 
with the Administrator of the Environmental Protection Agency, 
aircraft manufacturers and airports, shall not require the use of 
fluorinated chemicals to meet the performance standards referenced 
in chapter 6 of AC No: 150/5210–6D and acceptable under 139.319(l) 
of title 14, Code of Federal Regulations. 
(b) TRAINING FACILITIES.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress— 
(1) a report on the number and sufficiency of aircraft rescue 
and firefighting training facilities in each FAA region; and 
(2) a plan, if appropriate, to address any coverage gaps 
identified in the report. 
49 USC 44706 
note. 
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132 STAT. 3274 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 333. SAFE AIR TRANSPORTATION OF LITHIUM CELLS AND BAT-
TERIES. 
(a) HARMONIZATION WITH ICAO TECHNICAL INSTRUCTIONS.— 
(1) ADOPTION OF ICAO INSTRUCTIONS.— 
(A) IN GENERAL.—Pursuant to section 828 of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 44701 
note), not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall conform 
United States regulations on the air transport of lithium 
cells and batteries with the lithium cells and battery 
requirements in the 2015–2016 edition of the International 
Civil Aviation Organization’s (referred to in this subsection 
as ‘‘ICAO’’) Technical Instructions (to include all addenda), 
including the revised standards adopted by ICAO which 
became effective on April 1, 2016 and any further revisions 
adopted by ICAO prior to the effective date of the FAA 
Reauthorization Act of 2018. 
(B) FURTHER PROCEEDINGS.—Beginning on the date the 
revised regulations under subparagraph (A) are published 
in the Federal Register, any lithium cell and battery rule-
making action or update commenced on or after that date 
shall continue to comply with the requirements under sec-
tion 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 Sec-
retary 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 Mate-
rials Safety Administration shall provide a draft special permit 
to the Federal Aviation Administration based on the applica-
tion. 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 TRANSPOR-
TATION 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 
49 USC 44701 
note. 
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132 STAT. 3275 
PUBLIC LAW 115–254—OCT. 5, 2018 
with a charge limitation in place at the time, each battery 
is— 
(i) individually packed in an inner packaging that 
completely encloses the battery; 
(ii) placed in a rigid outer packaging; and 
(iii) protected to prevent a short circuit. 
(3) MEDIAL DEVICE DEFINED.—ln this subsection, the term 
‘‘medical device’’ means an instrument, apparatus, implement, 
machine, contrivance, implant, or in vitro reagent, including 
any component, part, or accessory thereof, which is intended 
for use in the diagnosis of disease or other conditions, or in 
the cure, mitigation, treatment, or prevention of disease, of 
a person. 
(4) SAVINGS CLAUSE.—Nothing in this subsection shall be 
construed as expanding or constricting any other authority 
the Secretary of Transportation has under section 828 of the 
FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
note). 
(c) LITHIUM BATTERY SAFETY WORKING GROUP.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Secretary of Transportation shall 
establish a lithium battery safety working group (referred to 
as the ‘‘working group’’ in this section) to promote and coordi-
nate 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 facili-
tate the transfer of knowledge and expertise among the fol-
lowing Federal agencies: 
(A) The Department of Transportation. 
(B) The Consumer Product Safety Commission. 
(C) The National Institute on Standards and Tech-
nology. 
(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 non-
member stakeholders with expertise in areas that the Sec-
retary or members consider necessary. 
(5) REPORT.—Not later than 1 year after the date it is 
established, the working group shall— 
(A) identify and assess— 
(i) additional ways to decrease the risk of fires 
and explosions from lithium batteries and cells; 
(ii) additional ways to ensure uniform transpor-
tation requirements for both bulk and individual bat-
teries; and 
(iii) new or existing technologies that may reduce 
the fire and explosion risk of lithium batteries and 
cells; and 
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132 STAT. 3276 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 accord-
ance with the requirements of the Federal Advisory Committee 
Act (5 U.S.C. App.), a lithium ion and lithium metal battery 
air safety advisory committee (in this subsection referred to 
as the ‘‘Committee’’). 
(2) DUTIES.—The Committee shall— 
(A) facilitate communication between manufacturers 
of lithium ion and lithium metal cells and batteries, manu-
facturers of products incorporating both large and small 
lithium ion and lithium metal batteries, air carriers, and 
the Federal Government regarding the safe air transpor-
tation 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 Depart-
ment of Transportation relating to lithium ion and lithium 
metal battery transportation safety, the policies underlying 
the activities, and positions to be advocated in international 
forums; 
(D) provide a forum for the Secretary to provide 
information and receive advice on— 
(i) activities carried out throughout the world to 
communicate and enforce relevant United States regu-
lations and the ICAO Technical Instructions; and 
(ii) the effectiveness of the activities; 
(E) provide advice and recommendations to the Sec-
retary 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 rep-
resent— 
(i) large volume manufacturers of lithium ion and 
lithium metal cells and batteries; 
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132 STAT. 3277 
PUBLIC LAW 115–254—OCT. 5, 2018 
(ii) domestic manufacturers of lithium ion and 
lithium metal batteries or battery packs; 
(iii) manufacturers of consumer products powered 
by lithium ion and lithium metal batteries; 
(iv) manufacturers of vehicles powered by lithium 
ion and lithium metal batteries; 
(v) marketers of products powered by lithium ion 
and lithium metal batteries; 
(vi) cargo air service providers based in the United 
States; 
(vii) passenger air service providers based in the 
United States; 
(viii) pilots and employees of air service providers 
described in clauses (vi) and (vii); 
(ix) shippers of lithium ion and lithium metal bat-
teries for air transportation; 
(x) manufacturers of battery-powered medical 
devices or batteries used in medical devices; and 
(xi) employees of the Department of Transpor-
tation, including employees of the Federal Aviation 
Administration and the Pipeline and Hazardous Mate-
rials Safety Administration. 
(B) Representatives of such other Government depart-
ments and agencies as the Secretary determines appro-
priate. 
(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 ship-
ments of lithium ion cells and batteries; and 
(ii) identifies any areas of enforcement or regu-
latory requirements for which there is consensus that 
greater attention is needed. 
(B) INDEPENDENT STATEMENTS.—Each member of the 
Committee shall be provided an opportunity to submit an 
independent statement of views with the report submitted 
pursuant to subparagraph (A). 
(5) MEETINGS.— 
(A) IN GENERAL.—The Committee shall meet at the 
direction of the Secretary and at least twice a year. 
(B) 
PREPARATION
FOR
ICAO
MEETINGS.—Notwith-
standing 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. 
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132 STAT. 3278 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 COM-
MITTEE.—The Future of Aviation Advisory Committee shall 
terminate on the date on which the lithium ion battery air 
safety advisory committee is established. 
(e) COOPERATIVE
EFFORTS
TO
ENSURE
COMPLIANCE
WITH 
SAFETY REGULATIONS.— 
(1) IN
GENERAL.—The Secretary of Transportation, in 
coordination with appropriate Federal agencies, shall carry out 
cooperative efforts to ensure that shippers who offer lithium 
ion and lithium metal batteries for air transport to or from 
the United States comply with U.S. Hazardous Materials Regu-
lations and ICAO Technical Instructions. 
(2) COOPERATIVE EFFORTS.—The cooperative efforts the Sec-
retary 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 manu-
facturers, freight forwarders, and other shippers and poten-
tial shippers of lithium ion and lithium metal batteries. 
(B) Working with Federal, regional, and international 
transportation agencies to ensure enforcement of U.S. Haz-
ardous Materials Regulations and ICAO Technical Instruc-
tions with respect to shippers who offer noncompliant ship-
ments of lithium ion and lithium metal batteries. 
(C) Sharing information, as appropriate, with Federal, 
regional, 
and 
international 
transportation 
agencies 
regarding noncompliant shipments. 
(D) Pursuing a joint effort with the international avia-
tion 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. Haz-
ardous Materials Regulations and ICAO Technical Instruc-
tions. 
(F) Developing joint efforts with the international avia-
tion community to promote a better understanding of the 
requirements of and methods of compliance with U.S. Haz-
ardous Materials Regulations and ICAO Technical Instruc-
tions. 
(3) REPORTING.—Not later than 120 days after the date 
of enactment of this Act, and annually thereafter for 2 years, 
the Secretary shall submit to the appropriate committees of 
Congress a report on compliance with the policy set forth in 
subsection (e) and the cooperative efforts carried out, or planned 
to be carried out, under this subsection. 
(f) PACKAGING IMPROVEMENTS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary, in consultation 
with interested stakeholders, shall submit to the appropriate 
committees of Congress an evaluation of current practices for the 
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132 STAT. 3279 
PUBLIC LAW 115–254—OCT. 5, 2018 
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
INTER-
NATIONAL REPRESENTATION.— 
(1) IN GENERAL.—It shall be the policy of the Department 
of Transportation to support the participation of industry and 
labor stakeholders in all panels and working groups of the 
dangerous goods panel of the ICAO and any other international 
test or standard setting organization that considers proposals 
on the safety or transportation of lithium ion and lithium 
metal batteries in which the United States participates. 
(2) PARTICIPATION.—The Secretary of Transportation shall 
request that as part of the ICAO deliberations in the dangerous 
goods panel on these issues, that appropriate experts on issues 
under consideration be allowed to participate. 
(h) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) ICAO TECHNICAL
INSTRUCTIONS.—The term ‘‘ICAO 
Technical Instructions’’ has the meaning given that term in 
section 828(c) of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 44701 note). 
(2) U.S. HAZARDOUS MATERIALS REGULATIONS.—The term 
‘‘U.S. Hazardous Materials Regulations’’ means the regulations 
in parts 100 through 177 of title 49, Code of Federal Regulations 
(including amendments adopted after the date of enactment 
of this Act). 
SEC. 334. RUNWAY SAFETY. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, the Administrator shall submit to the appro-
priate 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 align-
ment to determine whether the capability exists to detect 
imminent wrong-surface landings at each airport where such 
a system is in use; 
(3) describe information gathered from the use of the Air-
port 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 run-
way safety initiatives. 
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132 STAT. 3280 
PUBLIC LAW 115–254—OCT. 5, 2018 
(c) CONSULTATION.—The Administrator shall consult with the 
National Transportation Safety Board in developing the report 
required under this section. 
SEC. 335. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS AND REST 
REQUIREMENTS. 
(a) MODIFICATION OF FINAL RULE.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of enactment of this Act, the Secretary of Transportation shall 
modify the final rule of the Federal Aviation Administration 
published in the Federal Register on August 19, 1994 (59 
Fed. Reg. 42974; relating to flight attendant duty period limita-
tions and rest requirements) in accordance with the require-
ments of this subsection. 
(2) CONTENTS.—The final rule, as modified under para-
graph (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 cir-
cumstances. 
(b) FATIGUE RISK MANAGEMENT PLAN.— 
(1) SUBMISSION OF PLAN BY PART 121 AIR CARRIERS.—Not 
later than 90 days after the date of enactment of this Act, 
each air carrier operating under part 121 of title 14, Code 
of Federal Regulations (in this section referred to as a ‘‘part 
121 air carrier’’), shall submit to the Administrator of the 
Federal Aviation Administration for review and acceptance a 
fatigue risk management plan for the carrier’s flight attendants. 
(2) CONTENTS OF PLAN.—A fatigue risk management plan 
submitted by a part 121 air carrier under paragraph (1) shall 
include the following: 
(A) Current flight time and duty period limitations. 
(B) A rest scheme consistent with such limitations 
that enables the management of flight attendant fatigue, 
including annual training to increase awareness of— 
(i) fatigue; 
(ii) the effects of fatigue on flight attendants; and 
(iii) fatigue countermeasures. 
(C) Development and use of a methodology that contin-
ually 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 enact-
ment of this Act, the Administrator shall review and accept 
or reject each fatigue risk management plan submitted under 
this subsection. If the Administrator rejects a plan, the 
Administrator 
shall 
provide 
suggested 
modifications 
for 
resubmission of the plan. 
(4) PLAN UPDATES.— 
(A) IN GENERAL.—A part 121 air carrier shall update 
its fatigue risk management plan under paragraph (1) 
every 2 years and submit the update to the Administrator 
for review and acceptance. 
(B) REVIEW.—Not later than 1 year after the date 
of submission of a plan update under subparagraph (A), 
49 USC 44701 
note. 
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132 STAT. 3281 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 applica-
tion 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 sec-
ondary 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 Regula-
tions. 
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 configu-
rations, including changes to seat width, padding, reclining, 
size, pitch, leg room, and aisle width; and 
(2) recent accidents and incidents in which passengers 
evacuated such aircraft. 
(b) CONSULTATION; REVIEW OF DATA.—In conducting the review 
under subsection (a), the Administrator shall— 
(1) consult with the National Transportation Safety Board, 
transport-category aircraft manufacturers, air carriers, and 
other relevant experts and Federal agencies, including groups 
representing passengers, airline crew members, maintenance 
employees, and emergency responders; and 
(2) review relevant data with respect to evacuation certifi-
cation 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. 
49 USC 44903 
note. 
Saracini 
Aviation Safety 
Act of 2018. 
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132 STAT. 3282 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 338. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) each air carrier should have in place policies and proce-
dures to address sexual misconduct, including policies and 
procedures to— 
(B) facilitate the reporting of sexual misconduct to 
appropriate law enforcement agencies; 
(C) communicate to personnel and passengers of the 
air carrier the rights of such individuals with respect to 
sexual misconduct; 
(D) train personnel of the air carrier to recognize and 
respond appropriately to, and to notify the appropriate 
law enforcement agency of, sexual misconduct; and 
(E) ensure other appropriate actions are undertaken 
to respond effectively to sexual misconduct; and 
(2) individuals who perpetrate sexual misconduct should 
be held accountable under all applicable Federal and State 
laws. 
SEC. 339. CIVIL PENALTIES FOR INTERFERENCE. 
(a) INTERFERENCE WITH CABIN
OR FLIGHT CREW.—Section 
46318(a) of title 49, United States Code, is amended— 
(1) by inserting ‘‘or sexually’’ after ‘‘physically’’ each place 
it appears; and 
(2) by striking ‘‘$25,000’’ and inserting ‘‘$35,000’’. 
SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT TASK FORCE. 
(a) ESTABLISHMENT
OF
TASK
FORCE.—The Secretary of 
Transportation shall establish a task force, to be known as the 
‘‘National In-Flight Sexual Misconduct Task Force’’ (referred to 
in this section as ‘‘Task Force’’) to— 
(1) review current practices, protocols and requirements 
of air carriers in responding to allegations of sexual misconduct 
by passengers onboard aircraft, including training, reporting 
and data collection; and 
(2) provide recommendations on training, reporting and 
data collection regarding allegations of sexual misconduct occur-
ring 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 serv-
ices 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 organiza-
tions as the Secretary of Transportation considers appropriate. 
49 USC 44903 
note. 
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132 STAT. 3283 
PUBLIC LAW 115–254—OCT. 5, 2018 
(c) PURPOSE OF TASK FORCE.—The purpose of the Task Force 
shall be to— 
(1) issue recommendations for addressing allegations of 
sexual misconduct by passengers onboard aircraft, including 
airline employee and contractor training; 
(2) issue recommendations on effective ways for passengers 
involved in incidents of alleged sexual misconduct to report 
such allegation of sexual misconduct; 
(3) issue recommendations on how to most effectively pro-
vide 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 notifica-
tion in incidents of alleged sexual misconduct; 
(5) review and utilize first-hand accounts from passengers 
who have experienced sexual misconduct onboard aircraft; and 
(6) other matters deemed necessary by the Task Force. 
(d) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Task Force shall submit a report with its rec-
ommendations 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 appro-
priate committees of Congress a plan to address the recommenda-
tions in the report required under subsection (d). The Secretary 
of Transportation shall make changes to guidance, policies and 
regulations, as necessary, within 1 year of submitting the plan 
required in this subsection. 
(f) REGULATIONS.—Not later than 1 year after submitting the 
plan required in this subsection, the Secretary of Transportation 
may issue regulations as deemed necessary to require each air 
carrier and other covered entity to develop a policy concerning 
sexual misconduct in accordance with the recommendations and 
findings of the Task Force under subsection (c). 
(g) SUNSET.—The Task Force established pursuant to subsection 
(a) shall terminate upon the submission of the report pursuant 
to subsection (d). 
SEC. 339B. REPORTING PROCESS FOR SEXUAL MISCONDUCT ONBOARD 
AIRCRAFT. 
(a) IN GENERAL.—Not later than two years after the date of 
the enactment of this Act, the Attorney General, in coordination 
with relevant Federal agencies, shall establish a streamlined 
process, based on the plan required under section 339A(e) of this 
Act, for individuals involved in incidents of alleged sexual mis-
conduct onboard aircraft to report such allegations of sexual mis-
conduct 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— 
49 USC 44903 
note. 
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132 STAT. 3284 
PUBLIC LAW 115–254—OCT. 5, 2018 
(1) the Office for Victims of Crime and the Office on 
Violence Against Women of the Department of Justice; 
(2) the Federal Bureau of Investigation; and 
(3) the Department of Transportation. 
Subtitle B—Unmanned Aircraft Systems 
SEC. 341. DEFINITIONS; INTEGRATION OF CIVIL UNMANNED AIRCRAFT 
SYSTEMS INTO NATIONAL AIRSPACE SYSTEM. 
(a) IN GENERAL.—Part A of subtitle VII of title 49, United 
States Code, is amended by inserting after chapter 447 the fol-
lowing: 
‘‘CHAPTER 448—UNMANNED AIRCRAFT SYSTEMS 
‘‘Sec. 
‘‘44801. Definitions. 
‘‘44802. Integration of civil unmanned aircraft systems into national airspace sys-
tem. 
‘‘§ 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 contin-
uous power to the unmanned aircraft and is unlikely to 
be separated from the unmanned aircraft; and 
‘‘(C) is controlled and retrieved by such ground station 
through physical manipulation of the tether. 
‘‘(2) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘appropriate committees of Congress’ means the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House 
of Representatives. 
‘‘(3) ARCTIC.—The term ‘Arctic’ means the United States 
zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north 
of the Aleutian chain. 
‘‘(4) CERTIFICATE OF WAIVER; CERTIFICATE OF AUTHORIZA-
TION.—The terms ‘certificate of waiver’ and ‘certificate of 
authorization’ mean a Federal Aviation Administration grant 
of approval for a specific flight operation. 
‘‘(5) 
COUNTER-UAS 
SYSTEM.—The 
term 
‘counter-UAS 
system’ means a system or device capable of lawfully and 
safely disabling, disrupting, or seizing control of an unmanned 
aircraft or unmanned aircraft system. 
‘‘(6) PERMANENT
AREAS.—The term ‘permanent areas’ 
means areas on land or water that provide for launch, recovery, 
and operation of small unmanned aircraft. 
‘‘(7) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The term ‘public 
unmanned aircraft system’ means an unmanned aircraft system 
49 USC 44801. 
49 USC 
prec. 44801. 
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132 STAT. 3285 
PUBLIC LAW 115–254—OCT. 5, 2018 
that meets the qualifications and conditions required for oper-
ation 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 estab-
lished 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 author-
ized by the Federal Aviation Administration as an unmanned 
aircraft system flight test center before January 1, 2009. 
‘‘(11) UNMANNED AIRCRAFT.—The term ‘unmanned aircraft’ 
means an aircraft that is operated without the possibility of 
direct human intervention from within or on the aircraft. 
‘‘(12) UNMANNED AIRCRAFT SYSTEM.—The term ‘unmanned 
aircraft system’ means an unmanned aircraft and associated 
elements (including communication links and the components 
that control the unmanned aircraft) that are required for the 
operator to operate safely and efficiently in the national air-
space 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. 
‘‘(2) CONTENTS OF PLAN.—The plan required under para-
graph (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; 
49 USC 44802. 
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132 STAT. 3286 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(B) the best methods to enhance the technologies and 
subsystems necessary to achieve the safe and routine oper-
ation of civil unmanned aircraft systems in the national 
airspace system; 
‘‘(C) a phased-in approach to the integration of civil 
unmanned aircraft systems into the national airspace 
system; 
‘‘(D) a timeline for the phased-in approach described 
under subparagraph (C); 
‘‘(E) creation of a safe airspace designation for coopera-
tive 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 sys-
tems 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 docu-
ment) 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 prac-
ticable, but not later than September 30, 2015. 
‘‘(4) REPORT TO CONGRESS.—Not later than February 14, 
2013, the Secretary shall submit to Congress a copy of the 
plan required under paragraph (1). 
‘‘(5) ROADMAP.—Not later than February 14, 2013, the Sec-
retary 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 aca-
demia, the roadmap annually. The roadmap shall include, at 
a minimum— 
‘‘(A) cost estimates, planned schedules, and perform-
ance benchmarks, including specific tasks, milestones, and 
timelines, for unmanned aircraft systems integration into 
the national airspace system, including an identification 
of— 
‘‘(i) the role of the unmanned aircraft systems test 
ranges established under subsection (c) and the 
Unmanned Aircraft Systems Center of Excellence; 
‘‘(ii) performance objectives for unmanned aircraft 
systems that operate in the national airspace system; 
and 
‘‘(iii) research and development priorities for tools 
that could assist air traffic controllers as unmanned 
aircraft systems are integrated into the national air-
space system, as appropriate; 
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132 STAT. 3287 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(B) a description of how the Administration plans 
to use research and development, including research and 
development conducted through NASA’s Unmanned Air-
craft Systems Traffic Management initiatives, to accommo-
date, integrate, and provide for the evolution of unmanned 
aircraft systems in the national airspace system; 
‘‘(C) an assessment of critical performance abilities nec-
essary to integrate unmanned aircraft systems into the 
national airspace system, and how these performance abili-
ties can be demonstrated; and 
‘‘(D) an update on the advancement of technologies 
needed to integrate unmanned aircraft systems into the 
national airspace system, including decisionmaking by 
adaptive systems, such as sense-and-avoid capabilities and 
cyber physical systems security. 
‘‘(b) RULEMAKING.—Not later than 18 months after the date 
on which the plan required under subsection (a)(1) is submitted 
to Congress under subsection (a)(4), the Secretary shall publish 
in the Federal Register— 
‘‘(1) a final rule on small unmanned aircraft systems that 
will allow for civil operation of such systems in the national 
airspace system, to the extent the systems do not meet the 
requirements for expedited operational authorization under sec-
tion 44807; 
‘‘(2) a notice of proposed rulemaking to implement the 
recommendations of the plan required under subsection (a)(1), 
with the final rule to be published not later than 16 months 
after the date of publication of the notice; and 
‘‘(3) an update to the Administration’s most recent policy 
statement on unmanned aircraft systems, contained in Docket 
No. FAA–2006–25714.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CHAPTERS.—The table of chapters for subtitle 
VII of title 49, United States Code, is amended by inserting 
after the item relating to chapter 447 the following: 
‘‘448 . Unmanned aircraft systems .......................................................................44801’’. 
(2) REPEAL.—Section 332 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note) and the item relating 
to that section in the table of contents under section 1(b) 
of that Act are repealed. 
SEC. 342. UPDATE OF FAA COMPREHENSIVE PLAN. 
(a) IN GENERAL.—Not later than 270 days after the date of 
enactment of this Act, the Secretary of Transportation shall update 
the comprehensive plan described in section 44802 of title 49, 
United States Code, to develop a concept of operations for the 
integration of unmanned aircraft into the national airspace system. 
(b) CONSIDERATIONS.—In carrying out the update under sub-
section (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; 
49 USC 44802 
note. 
49 USC 
prec. 44801. 
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132 STAT. 3288 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 proc-
esses, protocols, and procedures to mitigate risks and hazards 
posed by unlawful or harmful operations of unmanned aircraft 
systems. 
(c) CONSULTATION.—The Secretary shall carry out the update 
under subsection (a) in consultation with representatives of the 
aviation industry, Federal agencies that employ unmanned aircraft 
systems technology in the national airspace system, and the 
unmanned aircraft systems industry. 
(d) PROGRAM ALIGNMENT REPORT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall submit to 
the appropriate committees of Congress, a report that describes 
a strategy to— 
(1) avoid duplication; 
(2) leverage capabilities learned across programs; 
(3) support the safe integration of UAS into the national 
airspace; and 
(4) systematically and timely implement or execute— 
(A) commercially-operated Low Altitude Authorization 
and Notification Capability; 
(B) the Unmanned Aircraft System Integration Pilot 
Program; and 
(C) the Unmanned Traffic Management Pilot Program. 
SEC. 343. UNMANNED AIRCRAFT TEST RANGES. 
(a) IN GENERAL.—Chapter 448 of title 49, United States Code, 
as added by this Act, is further amended by adding at the end 
the following: 
‘‘§ 44803. Unmanned aircraft test ranges 
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration shall carry out and update, as appropriate, a pro-
gram 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 require-
ments 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 sys-
tems; 
‘‘(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 air-
craft systems and related navigation procedures as it relates 
to continued development of standards for integration into the 
national airspace system; 
‘‘(7) engage test range operators, as necessary and within 
available resources, in projects for research, development, 
49 USC 44803. 
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132 STAT. 3289 
PUBLIC LAW 115–254—OCT. 5, 2018 
testing, and evaluation of unmanned aircraft systems to facili-
tate 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 limita-
tions on flight, including prohibition on flight as necessary; 
‘‘(C) sense and avoid capabilities; 
‘‘(D) beyond-visual-line-of-sight operations, nighttime 
operations, operations over people, operation of multiple 
small unmanned aircraft systems, and unmanned aircraft 
systems traffic management, or other critical research 
priorities; and 
‘‘(E) improving privacy protections through the use of 
advances in unmanned aircraft systems technology; 
‘‘(8) coordinate periodically with all test range operators 
to ensure test range operators know which data should be 
collected, what procedures should be followed, and what 
research would advance efforts to safely integrate unmanned 
aircraft systems into the national airspace system; 
‘‘(9) streamline to the extent practicable the approval 
process for test ranges when processing unmanned aircraft 
certificates of waiver or authorization for operations at the 
test sites; 
‘‘(10) require each test range operator to protect proprietary 
technology, sensitive data, or sensitive research of any civil 
or private entity when using that test range without the need 
to obtain an experimental or special airworthiness certificate; 
‘‘(11) allow test range operators to receive Federal funding, 
other than from the Federal Aviation Administration, including 
in-kind contributions, from test range participants in the fur-
therance of research, development, and testing objectives. 
‘‘(c) WAIVERS.—In carrying out this section the Administrator 
may waive the requirements of section 44711 of title 49, United 
States Code, including related regulations, to the extent consistent 
with aviation safety. 
‘‘(d) REVIEW
OF OPERATIONS
BY TEST RANGE OPERATORS.— 
The operator of each test range under subsection (a) shall— 
‘‘(1) review the operations of unmanned aircraft systems 
conducted at the test range, including— 
‘‘(A) ongoing or completed research; and 
‘‘(B) data regarding operations by private and public 
operators; and 
‘‘(2) submit to the Administrator, in such form and manner 
as specified by the Administrator, the results of the review, 
including recommendations to further enable private research 
and development operations at the test ranges that contribute 
to the Federal Aviation Administration’s safe integration of 
unmanned aircraft systems into the national airspace system, 
on a quarterly basis until the program terminates. 
‘‘(e) TESTING.—The Secretary of Transportation may authorize 
an operator of a test range described in subsection (a) to administer 
testing 
requirements 
established 
by 
the 
Administrator 
for 
unmanned aircraft systems operations. 
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132 STAT. 3290 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(f) COLLABORATIVE
RESEARCH
AND
DEVELOPMENT
AGREE-
MENTS.—The Administrator may use the other transaction authority 
under section 106(l)(6) and enter into collaborative research and 
development agreements, to direct research related to unmanned 
aircraft systems, including at any test range under subsection (a), 
and in coordination with the Center of Excellence for Unmanned 
Aircraft Systems. 
‘‘(g) USE OF CENTER OF EXCELLENCE FOR UNMANNED AIRCRAFT 
SYSTEMS.—The Administrator, in carrying out research necessary 
to implement the consensus safety standards requirements in sec-
tion 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 termi-
nate 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 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).’’. 
49 USC 44804. 
49 USC 
prec. 44801. 
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132 STAT. 3291 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 dem-
onstrated compliance with the consensus safety standards 
accepted under paragraph (1) and met any other qualifying 
criteria, as determined by the Administrator, to alternatively 
satisfy the requirements of paragraph (1). 
‘‘(b) CONSIDERATIONS.—Before accepting consensus safety 
standards under subsection (a), the Administrator of the Federal 
Aviation Administration shall consider the following: 
‘‘(1) Technologies or standards related to geographic limita-
tions, 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 tai-
loring performance-based requirements to appropriately miti-
gate 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 appro-
priate. 
‘‘(6) Means to prevent tampering with or modification of 
any system, limitation, or other safety mechanism or standard 
under this section or any other provision of law, including 
a means to identify any tampering or modification that has 
been made. 
‘‘(7) Consensus identification standards under section 2202 
of the FAA Extension, Safety, and Security Act of 2016 (Public 
Law 114–190; 130 Stat. 615). 
‘‘(8) To the extent not considered previously by the con-
sensus body that crafted consensus safety standards, cost-ben-
efit and risk analyses of consensus safety standards that may 
49 USC 44805. 
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132 STAT. 3292 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 commer-
cially. 
‘‘(10) Any technology or standard related to small 
unmanned aircraft systems that promotes aviation safety. 
‘‘(11) Any category of unmanned aircraft systems that 
should be exempt from the consensus safety standards based 
on risk factors. 
‘‘(e) NONAPPLICABILITY
OF
OTHER
LAWS.—The process for 
authorizing the operation of small unmanned aircraft systems under 
subsection (a) may allow for operation of any applicable small 
unmanned aircraft systems within the national airspace system 
without requiring— 
‘‘(1) airworthiness certification requirements under section 
44704 of this title; or 
‘‘(2) type certification under part 21 of title 14, Code of 
Federal Regulations. 
‘‘(f) REVOCATION.—The Administrator may suspend or revoke 
the authorizations in subsection (a) if the Administrator determines 
that the manufacturer or the small unmanned aircraft system is 
no longer in compliance with the standards accepted by the 
Administrator under subsection (a)(1) or with the manufacturer’s 
statement of compliance under subsection (h). 
‘‘(g) REQUIREMENTS.—With regard to an authorization under 
the processes in subsection (a), the Administrator may require 
a manufacturer of small unmanned aircraft systems to provide 
the Federal Aviation Administration with the following: 
‘‘(1) The aircraft system’s operating instructions. 
‘‘(2) The aircraft system’s recommended maintenance and 
inspection procedures. 
‘‘(3) The manufacturer’s statement of compliance described 
in subsection (h). 
‘‘(4) Upon request, a sample aircraft to be inspected by 
the Federal Aviation Administration to ensure compliance with 
the consensus safety standards accepted by the Administrator 
under subsection (a). 
‘‘(h) MANUFACTURER’S STATEMENT OF COMPLIANCE FOR SMALL 
UAS.—A manufacturer’s statement of compliance shall— 
‘‘(1) identify the aircraft make, model, range of serial num-
bers, 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 para-
graph (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 con-
form to the consensus safety standards identified in para-
graph (1); and 
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132 STAT. 3293 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(B) the aircraft’s recommended maintenance and 
inspection procedures, which conform to the consensus 
safety standards identified in paragraph (1); 
‘‘(5) state that the manufacturer will monitor safety-of- 
flight issues and take action to ensure it meets the consensus 
safety standards identified in paragraph (1) and report these 
issues and subsequent actions to the Administrator; 
‘‘(6) state that at the request of the Administrator, the 
manufacturer will provide reasonable access for the Adminis-
trator 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 unlaw-
ful for any person to knowingly submit a statement of compli-
ance described in subsection (h) that is fraudulent or inten-
tionally false. 
‘‘(2) INTRODUCTION INTO INTERSTATE COMMERCE.—Unless 
the Administrator determines operation of an unmanned air-
craft system may be conducted without an airworthiness certifi-
cate 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 oper-
ation under subsection (a); or 
‘‘(B) the aircraft has alternatively received design and 
production approval issued by the Federal Aviation 
Administration. 
‘‘(j) EXCLUSIONS.—The Administrator may exempt from the 
requirements of this section small unmanned aircraft systems that 
are not capable of navigating beyond the visual line of sight of 
the operator through advanced flight systems and technology, if 
the Administrator determines that such an exemption does not 
pose a risk to the safety of the national airspace system.’’. 
(b) UNMANNED AIRCRAFT SYSTEMS RESEARCH FACILITY.—The 
Center of Excellence for Unmanned Aircraft Systems shall establish 
an unmanned aircraft systems research facility to study appropriate 
safety standards for unmanned aircraft systems and to validate 
such standards, as directed by the Administrator of the Federal 
Aviation Administration, consistent with section 44805 of title 49, 
United States Code, as added by this section. 
(c) TABLE OF CONTENTS.—The table of contents for chapter 
448 of title 49, United States Code, as added by this Act, is further 
amended by adding at the end the following: 
‘‘44805. Small unmanned aircraft safety standards.’’. 
49 USC 44805 
note. 
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132 STAT. 3294 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 without a civil airworthi-
ness certificate issued by the Administration. 
‘‘(b) AGREEMENTS WITH GOVERNMENT AGENCIES.— 
‘‘(1) IN GENERAL.—The Secretary shall enter into an agree-
ment 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 para-
graph (1)— 
‘‘(i) provide for an expedited review of the applica-
tion; 
‘‘(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 applica-
tion is disapproved; 
‘‘(B) allow for a one-time approval of similar operations 
carried out during a fixed period of time; and 
‘‘(C) allow a government public safety agency to operate 
an unmanned aircraft weighing 4.4 pounds or less if that 
unmanned aircraft is operated— 
‘‘(i) within or beyond the visual line of sight of 
the operator; 
‘‘(ii) less than 400 feet above the ground; 
‘‘(iii) during daylight conditions; 
‘‘(iv) within Class G airspace; and 
‘‘(v) outside of 5 statute miles from any airport, 
heliport, seaplane base, spaceport, or other location 
with aviation activities. 
‘‘(c) PUBLIC ACTIVELY TETHERED UNMANNED AIRCRAFT SYS-
TEMS.— 
‘‘(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— 
49 USC 44806. 
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132 STAT. 3295 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(A) operated at an altitude of less than 150 feet above 
ground level; 
‘‘(B) operated— 
‘‘(i) within class G airspace; or 
‘‘(ii) at or below the ceiling depicted on the Federal 
Aviation Administration’s published UAS facility maps 
for class B, C, D, or E surface area airspace; 
‘‘(C) not flown directly over non-participating persons; 
‘‘(D) operated within visual line of sight of the operator; 
and 
‘‘(E) operated in a manner that does not interfere with 
and gives way to any other aircraft. 
‘‘(2) REQUIREMENTS.—Public actively tethered unmanned 
aircraft systems may be operated — 
‘‘(A) without any requirement to obtain a certificate 
of authorization, certificate of waiver, or other approval 
by the Federal Aviation Administration; 
‘‘(B) without requiring airman certification under sec-
tion 44703 of this title or any rule or regulation relating 
to airman certification; and 
‘‘(C) without requiring airworthiness certification under 
section 44704 of this title or any rule or regulation relating 
to aircraft certification. 
‘‘(3) 
SAFETY
STANDARDS.—Public 
actively 
tethered 
unmanned aircraft systems operated within the scope of the 
guidance issued pursuant to paragraph (1) shall be exempt 
from the requirements of section 44805 of this title. 
‘‘(4) SAVINGS PROVISION.—Nothing in this subsection shall 
be construed to preclude the Administrator of the Federal Avia-
tion 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 Govern-
ment agencies that operate unmanned aircraft systems within civil- 
controlled airspace, in operationally deploying and integrating sense 
and avoid capabilities, as necessary to operate unmanned aircraft 
systems safely within the national airspace system.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents for chapter 
448 of title 49, United States Code, as added by this Act, 
is further amended by adding at the end the following: 
‘‘44806. Public unmanned aircraft systems.’’. 
(2) PUBLIC UNMANNED AIRCRAFT SYSTEMS.—Section 334 of 
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note) and the item relating to that section in the table 
of contents under section 1(b) of that Act (126 Stat. 13) are 
repealed. 
(3) FACILITATING
INTERAGENCY
COOPERATION.—Section 
2204(a) of the FAA Extension, Safety, and Security Act of 
2016 (Public Law 114-190; 130 Stat. 615) is amended by striking 
‘‘section 334(c) of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 40101 note)’’ and inserting ‘‘section 44806 
of title 49, United States Code’’. 
49 USC 40101 
note. 
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132 STAT. 3296 
PUBLIC LAW 115–254—OCT. 5, 2018 
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— 
‘‘(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 sub-
section. 
‘‘(c) REQUIREMENTS
FOR SAFE OPERATION.—If the Secretary 
determines under this section that certain unmanned aircraft sys-
tems may operate safely in the national airspace system, the Sec-
retary 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 Sep-
tember 30, 2023.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents for chapter 
448, as added by this Act, is further amended by adding at 
the end the following: 
‘‘44807. Special authority for certain unmanned aircraft systems.’’. 
(2) SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYS-
TEMS.—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: 
49 USC 
prec. 44801. 
49 USC 44807. 
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132 STAT. 3297 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘§ 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 Adminis-
trator of the Federal Aviation Administration shall update existing 
regulations to authorize the carriage of property by operators of 
small unmanned aircraft systems for compensation or hire within 
the United States. 
‘‘(b) CONTENTS.—Any rulemaking conducted under subsection 
(a) shall provide for the following: 
‘‘(1) Use performance-based requirements. 
‘‘(2) Consider varying levels of risk to other aircraft and 
to persons and property on the ground posed by different 
unmanned aircraft systems and their operation and tailor 
performance-based requirements to appropriately mitigate risk. 
‘‘(3) Consider the unique characteristics of highly auto-
mated, 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 oper-
ations; 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 regula-
tions to establish economic authority for the carriage of property 
by small unmanned aircraft systems for compensation or hire. 
Such authority shall only require— 
‘‘(A) registration with the Department of Transpor-
tation; 
‘‘(B) authorization from the Federal Aviation Adminis-
tration 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 proc-
esses.’’. 
(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: 
49 USC 
prec. 44801. 
49 USC 44808. 
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132 STAT. 3298 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘§ 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 authoriza-
tion from the Administrator or designee before operating and 
complies with all airspace restrictions and prohibitions. 
‘‘(6) In Class G airspace, the aircraft is flown from the 
surface to not more than 400 feet above ground level and 
complies with all airspace restrictions and prohibitions. 
‘‘(7) The operator has passed an aeronautical knowledge 
and safety test described in subsection (g) and maintains proof 
of test passage to be made available to the Administrator 
or law enforcement upon request. 
‘‘(8) The aircraft is registered and marked in accordance 
with chapter 441 of this title and proof of registration is made 
available to the Administrator or a designee of the Adminis-
trator or law enforcement upon request. 
‘‘(b) OTHER OPERATIONS.—Unmanned aircraft operations that 
do not conform to the limitations in subsection (a) must comply 
with all statutes and regulations generally applicable to unmanned 
aircraft and unmanned aircraft systems. 
‘‘(c) OPERATIONS AT FIXED SITES.— 
‘‘(1) OPERATING PROCEDURE REQUIRED.—Persons operating 
unmanned aircraft under subsection (a) from a fixed site within 
Class B, Class C, or Class D airspace or within the lateral 
boundaries of the surface area of Class E airspace designated 
for an airport, or a community-based organization conducting 
a sanctioned event within such airspace, shall make the location 
of the fixed site known to the Administrator and shall establish 
a mutually agreed upon operating procedure with the air traffic 
control facility. 
‘‘(2) UNMANNED
AIRCRAFT
WEIGHING
MORE
THAN
55 
POUNDS.—A person may operate an unmanned aircraft 
weighing more than 55 pounds, including the weight of any-
thing 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 organiza-
tion and approved by the Administrator; and 
49 USC 44809. 
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132 STAT. 3299 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(B) the aircraft is operated from a fixed site as 
described in paragraph (1). 
‘‘(d) UPDATES.— 
‘‘(1) IN GENERAL.—The Administrator, in consultation with 
government, stakeholders, and community-based organizations, 
shall initiate a process to periodically update the operational 
parameters under subsection (a), as appropriate. 
‘‘(2) CONSIDERATIONS.—In updating an operational param-
eter under paragraph (1), the Administrator shall consider— 
‘‘(A) appropriate operational limitations to mitigate 
risks to aviation safety and national security, including 
risk to the uninvolved public and critical infrastructure; 
‘‘(B) operations outside the membership, guidelines, 
and programming of a community-based organization; 
‘‘(C) physical characteristics, technical standards, and 
classes of aircraft operating under this section; 
‘‘(D) trends in use, enforcement, or incidents involving 
unmanned aircraft systems; 
‘‘(E) ensuring, to the greatest extent practicable, that 
updates to the operational parameters correspond to, and 
leverage, advances in technology; and 
‘‘(F) equipage requirements that facilitate safe, effi-
cient, and secure operations and further integrate all 
unmanned aircraft into the national airspace system. 
‘‘(3) SAVINGS CLAUSE.—Nothing in this subsection shall be 
construed as expanding the authority of the Administrator to 
require a person operating an unmanned aircraft under this 
section to seek permissive authority of the Administrator, 
beyond that required in subsection (a) of this section, prior 
to operation in the national airspace system. 
‘‘(e) STATUTORY CONSTRUCTION.—Nothing in this section shall 
be construed to limit the authority of the Administrator to pursue 
an enforcement action against a person operating any unmanned 
aircraft who endangers the safety of the national airspace system. 
‘‘(f) EXCEPTIONS.—Nothing in this section prohibits the 
Administrator from promulgating rules generally applicable to 
unmanned aircraft, including those unmanned aircraft eligible for 
the exception set forth in this section, relating to— 
‘‘(1) updates to the operational parameters for unmanned 
aircraft in subsection (a); 
‘‘(2) the registration and marking of unmanned aircraft; 
‘‘(3) the standards for remotely identifying owners and 
operators of unmanned aircraft systems and associated 
unmanned aircraft; and 
‘‘(4) other standards consistent with maintaining the safety 
and security of the national airspace system. 
‘‘(g) AERONAUTICAL KNOWLEDGE AND SAFETY TEST.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this section, the Administrator, in consultation 
with manufacturers of unmanned aircraft systems, other 
industry stakeholders, and community-based organizations, 
shall develop an aeronautical knowledge and safety test, which 
can then be administered electronically by the Administrator, 
a community-based organization, or a person designated by 
the Administrator. 
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132 STAT. 3300 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(2) REQUIREMENTS.—The Administrator shall ensure the 
aeronautical knowledge and safety test is designed to ade-
quately 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 sec-
tion, the term ‘community-based organization’ means a membership- 
based association entity that— 
‘‘(1) is described in section 501(c)(3) of the Internal Revenue 
Code of 1986; 
‘‘(2) is exempt from tax under section 501(a) of the Internal 
Revenue Code of 1986; 
‘‘(3) the mission of which is demonstrably the furtherance 
of model aviation; 
‘‘(4) provides a comprehensive set of safety guidelines for 
all aspects of model aviation addressing the assembly and oper-
ation of model aircraft and that emphasize safe aeromodelling 
operations within the national airspace system and the protec-
tion and safety of individuals and property on the ground, 
and may provide a comprehensive set of safety rules and 
programming for the operation of unmanned aircraft that have 
the advanced flight capabilities enabling active, sustained, and 
controlled navigation of the aircraft beyond visual line of sight 
of the operator; 
‘‘(5) provides programming and support for any local 
charter organizations, affiliates, or clubs; and 
‘‘(6) provides assistance and support in the development 
and operation of locally designated model aircraft flying sites. 
‘‘(i) RECOGNITION
OF COMMUNITY-BASED ORGANIZATIONS.—In 
collaboration with aeromodelling stakeholders, the Administrator 
shall publish an advisory circular within 180 days of the date 
of enactment of this section that identifies the criteria and process 
required for recognition of community-based organizations.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents for chapter 
448 of title 49, United States Code, as added by this Act, 
is further amended by adding at the end the following: 
‘‘44809. Exception for limited recreational operations of unmanned aircraft.’’. 
(2) REPEAL.—Section 336 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note) and the item relating 
to that section in the table of contents under section 1(b) 
of that Act are repealed. 
SEC. 350. USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTITUTIONS 
OF HIGHER EDUCATION. 
(a) EDUCATIONAL AND RESEARCH PURPOSES.—For the purposes 
of section 44809 of title 49, United States Code, as added by 
this Act, a ‘‘recreational purpose’’ as distinguished in subsection 
(a)(1) of such section shall include an unmanned aircraft system 
operated by an institution of higher education for educational or 
research purposes. 
49 USC 
44909 note. 
49 USC 
prec. 44801. 
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132 STAT. 3301 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 cur-
ricula or research; 
(2) the development of streamlined, risk-based operational 
approval for unmanned aircraft systems operated by institu-
tions of higher education; and 
(3) the airspace and aircraft operators that may be affected 
by such operations at the institution of higher education. 
(c) DEADLINE FOR ESTABLISHMENT OF PROCEDURES AND STAND-
ARDS.—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 oper-
ated by institutions of higher education for educational or research 
purposes. 
(d) DEFINITIONS.—In this section: 
(1) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion 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 ‘‘edu-
cation or research purposes’’, with respect to the operation 
of an unmanned aircraft system by an institution of higher 
education, includes— 
(A) instruction of students at the institution; 
(B) academic or research related uses of unmanned 
aircraft systems that have been approved by the institution, 
including Federal research; 
(C) activities undertaken by the institution as part 
of research projects, including research projects sponsored 
by the Federal Government; and 
(D) other academic activities approved by the institu-
tion. 
(e) STATUTORY CONSTRUCTION.— 
(1) ENFORCEMENT.—Nothing in this section shall be con-
strued 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 PRO-
GRAM. 
(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. 
49 USC 44802 
note. 
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132 STAT. 3302 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) APPLICATIONS.—The Secretary shall accept applications from 
State, local, and Tribal governments, in partnership with unmanned 
aircraft system operators and other private-sector stakeholders, 
to test and evaluate the integration of civil and public UAS oper-
ations into the low-altitude national airspace system. 
(c) OBJECTIVES.—The purpose of the pilot program is to accel-
erate 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 secu-
rity and safety risks associated with UAS operating in close 
proximity to human beings and critical infrastructure by 
ensuring that operators communicate more effectively with Fed-
eral, State, local, and Tribal law enforcement to enable law 
enforcement to determine if a UAS operation poses such a 
risk; 
(3) promote innovation in and development of the United 
States unmanned aviation industry, especially in sectors such 
as agriculture, emergency management, inspection, and 
transportation safety, in which there are significant public 
benefits to be gained from the deployment of UAS; and 
(4) identify the most effective models of balancing local 
and national interests in UAS integration. 
(d) APPLICATION SUBMISSION.—The Secretary shall establish 
application requirements and require applicants to include the fol-
lowing 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 regu-
lations. 
(6) Description of existing UAS operator and any other 
stakeholder partnerships and experience. 
(7) Description of plans to address safety, security, competi-
tion, privacy concerns, and community outreach. 
(e) MONITORING AND ENFORCEMENT OF LIMITATIONS.— 
(1) IN
GENERAL.—Monitoring and enforcement of any 
limitations enacted pursuant to this pilot project shall be the 
responsibility of the jurisdiction. 
(2) SAVINGS
PROVISION.—Nothing in paragraph (1) may 
be construed to prevent the Secretary from enforcing Federal 
law. 
(3) EXAMPLES OF LIMITATIONS.—Limitations under this sec-
tion may include— 
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132 STAT. 3303 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) prohibiting flight during specified morning and 
evening rush hours or only permitting flight during speci-
fied 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 commu-
nity or sporting events that do not remain in one place 
(for example, parades and running events). 
(f) SELECTION CRITERIA.—In making determinations, the Sec-
retary shall evaluate whether applications meet or exceed the fol-
lowing 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 objec-
tives: 
(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 col-
lected and experience gained over the course of this pilot program 
to— 
(1) identify and resolve technical challenges to UAS integra-
tion; 
(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 oper-
ations, and beyond visual line of sight); and 
(5) address competing interests regarding UAS operational 
expansion, safety, security, roles and responsibilities of non- 
Federal Government entities, and privacy issues. 
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132 STAT. 3304 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Representa-
tives and the Committee on Commerce, Science, and Transportation 
and the Committee on Appropriations in the Senate. 
(i) SUNSET.—The pilot program established under subsection 
(a) shall terminate 3 years after the date on which the memorandum 
referenced in subsection (a) is signed by the President. 
(j) SAVINGS CLAUSE.—Nothing in this section shall affect any 
proposals, selections, imposition of conditions, operations, or other 
decisions made— 
(1) under the pilot program developed by the Secretary 
of Transportation pursuant to the Presidential memorandum 
titled ‘‘Unmanned Aircraft Systems Integration Pilot Program’’, 
as published in the Federal Register on October 30, 2017 (82 
Fed. Reg. 50301); and 
(2) prior to the date of enactment of this Act. 
(k) DEFINITIONS.—In this section: 
(1) The term ‘‘Lead Applicant’’ means an eligible State, 
local or Tribal government that has submitted a timely applica-
tion. 
(2) The term ‘‘NAS’’ means the low-altitude national air-
space system. 
(3) The term ‘‘UAS’’ means unmanned aircraft system. 
SEC. 352. PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVE-
MENTS. 
(a) TRANSPARENCY.—Not later than 30 days after the date 
of enactment of this Act, the Administrator shall publish on the 
FAA website a representative sample of the safety justifications, 
offered by applicants for small unmanned aircraft system waivers 
and airspace authorizations, that have been approved by the 
Administration for each regulation waived or class of airspace 
authorized, except that any published justification shall not reveal 
proprietary or commercially sensitive information. 
(b) TECHNOLOGY IMPROVEMENTS.—Not later than 90 days after 
the date of enactment of this Act, the Administrator shall revise 
the online waiver and certificates of authorization processes— 
(1) to provide real time confirmation that an application 
filed online has been received by the Administration; and 
(2) to provide an applicant with an opportunity to review 
the status of the applicant’s application. 
SEC. 353. EMERGENCY EXEMPTION PROCESS. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the use of unmanned aircraft systems by civil and public operators— 
(1) is an increasingly important tool in response to a catas-
trophe, 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 insur-
ance claims. 
(b) UPDATES.—The Administrator shall, as necessary, update 
and improve the Special Government Interest process described 
49 USC 44802 
note. 
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132 STAT. 3305 
PUBLIC LAW 115–254—OCT. 5, 2018 
in chapter 7 of Federal Aviation Administration Order JO 7200.23A 
to ensure that civil and public operators, including local law enforce-
ment agencies and first responders, continue to use unmanned 
aircraft system operations quickly and efficiently in response to 
a catastrophe, disaster, or other emergency. 
(c) BEST PRACTICES.—The Administrator shall develop best 
practices for the use of unmanned aircraft systems by States and 
localities to respond to a catastrophe, disaster, or other emergency 
response and recovery operation. 
SEC. 354. TREATMENT OF UNMANNED AIRCRAFT OPERATING UNDER-
GROUND. 
An unmanned aircraft system that is operated underground 
for mining purposes shall not be subject to regulation or enforce-
ment by the FAA under title 49, United States Code. 
SEC. 355. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS. 
(a) PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.—Sec-
tion 40102(a)(41) of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(F) An unmanned aircraft that is owned and operated 
by, or exclusively leased for at least 90 continuous days 
by, an Indian Tribal government, as defined in section 
102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122), except as provided in 
section 40125(b).’’. 
(b) CONFORMING AMENDMENT.—Section 40125(b) of title 49, 
United States Code, is amended by striking ‘‘or (D)’’ and inserting 
‘‘(D), or (F)’’. 
SEC. 356. AUTHORIZATION OF APPROPRIATIONS FOR KNOW BEFORE 
YOU FLY CAMPAIGN. 
There are authorized to be appropriated to the Administrator 
of the Federal Aviation Administration $1,000,000 for each of fiscal 
years 2019 through 2023, out of funds made available under section 
106(k), for the Know Before You Fly educational campaign or 
similar public informational efforts intended to broaden unmanned 
aircraft systems safety awareness. 
SEC. 357. UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY. 
It is the policy of the United States that the operation of 
any unmanned aircraft or unmanned aircraft system shall be car-
ried 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 Tele-
communications 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 Administra-
tion of the Department of Commerce on its ongoing efforts 
49 USC 44801 
note. 
49 USC 44802 
note. 
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132 STAT. 3306 
PUBLIC LAW 115–254—OCT. 5, 2018 
responsive to the Presidential memorandum titled ‘‘Promoting 
Economic Competitiveness While Safeguarding Privacy, Civil 
Rights, and Civil Liberties in Domestic Use of Unmanned Air-
craft Systems’’ and dated February 15, 2015; 
(2) examine and identify the existing Federal, State, or 
relevant local laws that address an individual’s personal pri-
vacy; 
(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 pri-
vacy 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 enact-
ment of this Act, the Secretary shall submit to the appropriate 
committees of Congress a report on the results of the review 
required under subsection (a). 
SEC. 359. STUDY ON FIRE DEPARTMENT AND EMERGENCY SERVICE 
AGENCY USE OF UNMANNED AIRCRAFT SYSTEMS. 
(a) STUDY.— 
(1) IN GENERAL.—The Administrator shall conduct a study 
on the use of unmanned aircraft systems by fire departments 
and emergency service agencies. Such study shall include an 
analysis of— 
(A) how fire departments and emergency service agen-
cies currently use unmanned aircraft systems; 
(B) obstacles to greater use of unmanned aircraft sys-
tems 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 emer-
gency service agencies; 
(G) roles of unmanned aircraft systems in the provision 
of fire and emergency services; 
(H) technological challenges to greater adoption of 
unmanned aircraft systems by fire departments and emer-
gency service agencies; and 
(I) other issues determined appropriate by the Adminis-
trator. 
(2) CONSULTATION.—In conducting the study under para-
graph (1), the Administrator shall consult with national fire 
and emergency service organizations. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report on the study conducted under 
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132 STAT. 3307 
PUBLIC LAW 115–254—OCT. 5, 2018 
subsection (a), including the Administrator’s findings, conclusions, 
and recommendations. 
SEC. 360. STUDY ON FINANCING OF UNMANNED AIRCRAFT SERVICES. 
(a) IN GENERAL.—Not later than 60 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall initiate a study on appropriate fee mechanisms to recover 
the costs of— 
(1) the regulation and safety oversight of unmanned aircraft 
and unmanned aircraft systems; and 
(2) the provision of air navigation services to unmanned 
aircraft and unmanned aircraft systems. 
(b) CONSIDERATIONS.—In carrying out the study, the Comp-
troller 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 activi-
ties 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 oper-
ating under instrument flight rules, excluding public aircraft; 
(5) the number of full-time Federal Aviation Administration 
employees dedicated to unmanned aircraft programs; 
(6) the use of privately operated UTM and other privately 
operated unmanned aircraft systems; 
(7) the projected growth of unmanned aircraft operations 
for various applications and the estimated need for regulation, 
oversight, and other services; 
(8) the number of small businesses involved in the various 
sectors of the unmanned aircraft industry and operating as 
primary users of unmanned aircraft; and 
(9) any best practices or policies utilized by jurisdictions 
outside the United States relating to partial or total recovery 
of regulation and safety oversight costs related to unmanned 
aircraft and other emergent technologies. 
(c) REPORT TO CONGRESS.—Not later than 180 days after initi-
ating the study, the Comptroller General shall submit to the appro-
priate committees of Congress a report containing recommendations 
on appropriate fee mechanisms to recover the costs of regulating 
and providing air navigation services to unmanned aircraft and 
unmanned aircraft systems. 
SEC. 361. REPORT ON UAS AND CHEMICAL AERIAL APPLICATION. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator shall submit to the appropriate committees 
of Congress a report evaluating which aviation safety requirements 
under part 137 of title 14, Code of Federal Regulations, should 
apply to unmanned aircraft system operations engaged in aerial 
spraying of chemicals for agricultural purposes. 
SEC. 362. SENSE OF CONGRESS REGARDING UNMANNED AIRCRAFT 
SAFETY. 
It is the sense of Congress that— 
(1) the unauthorized operation of unmanned aircraft near 
airports presents a serious hazard to aviation safety; 
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132 STAT. 3308 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) a collision between an unmanned aircraft and a conven-
tional aircraft in flight could jeopardize the safety of persons 
aboard the aircraft and on the ground; 
(3) Federal aviation regulations, including sections 91.126 
through 91.131 of title 14, Code of Federal Regulations, prohibit 
unauthorized operation of an aircraft in controlled airspace 
near an airport; 
(4) Federal aviation regulations, including section 91.13 
of title 14, Code of Federal Regulations, prohibit the operation 
of an aircraft in a careless or reckless manner so as to endanger 
the life or property of another; 
(5) the Administrator should pursue all available civil and 
administrative remedies available to the Administrator, 
including referrals to other government agencies for criminal 
investigations, with respect to persons who operate unmanned 
aircraft in an unauthorized manner; 
(6) the Administrator should— 
(A) place particular priority in continuing measures, 
including partnering with nongovernmental organizations 
and State and local agencies, to educate the public about 
the dangers to public safety of operating unmanned aircraft 
over areas that have temporary flight restrictions in place, 
for purposes such as wildfires, without appropriate 
authorization; and 
(B) partner with State and local agencies to effectively 
enforce relevant laws so that unmanned aircrafts do not 
interfere with the efforts of emergency responders; 
(7) the Administrator should place particular priority on 
continuing measures, including partnerships with nongovern-
mental organizations, to educate the public about the dangers 
to the public safety of operating unmanned aircraft near air-
ports without the appropriate approvals or authorizations; and 
(8) manufacturers and retail sellers of small unmanned 
aircraft systems should take steps to educate consumers about 
the safe and lawful operation of such systems. 
SEC. 363. PROHIBITION REGARDING WEAPONS. 
(a) IN GENERAL.—Unless authorized by the Administrator, a 
person may not operate an unmanned aircraft or unmanned aircraft 
system that is equipped or armed with a dangerous weapon. 
(b) DANGEROUS WEAPON DEFINED.—In this section, the term 
‘‘dangerous weapon’’ has the meaning given that term in section 
930(g)(2) of title 18, United States Code. 
(c) PENALTY.—A person who violates this section is liable to 
the United States Government for a civil penalty of not more 
than $25,000 for each violation. 
SEC. 364. U.S. COUNTER-UAS SYSTEM REVIEW OF INTERAGENCY 
COORDINATION PROCESSES. 
(a) IN GENERAL.—Not later than 60 days after that date of 
enactment of this Act, the Administrator, in consultation with 
government agencies currently authorized to operate Counter- 
Unmanned Aircraft System (C-UAS) systems within the United 
States (including the territories and possessions of the United 
States), shall initiate a review of the following: 
(1) The process the Administration is using for interagency 
coordination of C-UAS activity pursuant to a relevant Federal 
49 USC 44802 
note. 
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132 STAT. 3309 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 oper-
ation of a C-UAS systems pursuant to a relevant Federal 
statute authorizing such activity within the United States 
(including the territories and possessions of the United States), 
including whether the following criteria are being taken into 
consideration in the development of the standards: 
(A) Safety of the national airspace. 
(B) Protecting individuals and property on the ground. 
(C) Non-interference with avionics of manned aircraft, 
and unmanned aircraft, operating legally in the national 
airspace. 
(D) Non-interference with air traffic control systems. 
(E) Adequate coordination procedures and protocols 
with the Federal Aviation Administration during the oper-
ation of C-UAS systems. 
(F) Adequate training for personnel operating C-UAS 
systems. 
(G) Assessment of the efficiency and effectiveness of 
the coordination and review processes to ensure national 
airspace safety while minimizing bureaucracy. 
(H) Best practices for the consistent operation of C- 
UAS systems to the maximum extent practicable. 
(I) Current airspace authorization information shared 
by automated approval processes for airspace authoriza-
tions, such as the Low Altitude Authorization and Notifica-
tion Capability. 
(J) Such other matters the Administrator considers 
necessary for the safe and lawful operation of C-UAS sys-
tems. 
(3) Similar interagency coordination processes already used 
for other matters that may be used as a model for improving 
the interagency coordination for the usage of C-UAS systems. 
(b) REPORT.—Not later than 180 days after the date upon 
which the review in subsection (a) is initiated, the Administrator 
shall submit to the Committee on Transportation and Infrastructure 
of the House of Representatives, the Committee on Armed Services 
of the House of Representatives, and the Committee on Commerce, 
Science, and Transportation in the Senate, and the Committee 
on Armed Services of the Senate, a report on the Administration’s 
activities related to C-UAS systems, including— 
(1) any coordination with Federal agencies and States, 
subdivisions and States, political authorities of at least 2 States 
that operate C-UAS systems; 
(2) an assessment of the standards being utilized for the 
operation of a counter-UAS systems within the United States 
(including the territories and possessions of the United States); 
(3) an assessment of the efficiency and effectiveness of 
the interagency coordination and review processes to ensure 
national airspace safety while minimizing bureaucracy; and 
(4) a review of any additional authorities needed by the 
Federal Aviation Administration to effectively oversee the 
management of C-UAS systems within the United States 
(including the territories and possessions of the United States). 
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132 STAT. 3310 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 365. COOPERATION RELATED TO CERTAIN COUNTER-UAS TECH-
NOLOGY. 
In matters relating to the use of systems in the national air-
space system intended to mitigate threats posed by errant or hostile 
unmanned aircraft system operations, the Secretary of Transpor-
tation 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 enact-
ment of this Act, the Administrator of the Federal Aviation Adminis-
tration shall develop a comprehensive strategy to provide outreach 
to State and local governments and provide guidance for local 
law enforcement agencies and first responders with respect to— 
(1) how to identify and respond to public safety threats 
posed by unmanned aircraft systems; and 
(2) how to identify and take advantage of opportunities 
to use unmanned aircraft systems to enhance the effectiveness 
of local law enforcement agencies and first responders. 
(b) RESOURCES.—Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a publicly 
available Internet website that contains resources for State and 
local law enforcement agencies and first responders seeking— 
(1) to respond to public safety threats posed by unmanned 
aircraft systems; and 
(2) to identify and take advantage of opportunities to use 
unmanned aircraft systems to enhance the effectiveness of local 
law enforcement agencies and public safety response efforts. 
(c) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this section, 
the term ‘‘unmanned aircraft system’’ has the meaning given that 
term in section 44801 of title 49, United States Code, as added 
by this Act. 
SEC. 367. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION 
OCCUPATIONS RELATING TO UNMANNED AIRCRAFT INTO 
VETERANS EMPLOYMENT PROGRAMS OF THE ADMINIS-
TRATION. 
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 Pro-
gram. 
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, 
49 USC 44806 
note. 
49 USC 44801 
note. 
49 USC 44810 
note. 
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132 STAT. 3311 
PUBLIC LAW 115–254—OCT. 5, 2018 
or tribal law enforcement organizations in conducting law enforce-
ment, emergency response, or for other activities. 
SEC. 369. APPLICATIONS FOR DESIGNATION. 
Section 2209 of the FAA Extension, Safety, and Security Act 
of 2016 (Public Law 114–190; 130 Stat. 615) is amended— 
(1) in subsection (b)(1)(C)(i), by striking ‘‘and distribution 
facilities and equipment’’ and inserting ‘‘distribution facilities 
and equipment, and railroad facilities’’; and 
(2) by adding at the end the following: 
‘‘(e) DEADLINES.— 
‘‘(1) Not later than March 31, 2019, the Administrator 
shall publish a notice of proposed rulemaking to carry out 
the requirements of this section. 
‘‘(2) Not later than 12 months after publishing the notice 
of proposed rulemaking under paragraph (1), the Administrator 
shall issue a final rule.’’. 
SEC. 370. SENSE OF CONGRESS ON ADDITIONAL RULEMAKING 
AUTHORITY. 
It is the sense of Congress that— 
(1) beyond visual line of sight operations, nighttime oper-
ations, and operations over people of unmanned aircraft sys-
tems have tremendous potential— 
(A) to enhance both commercial and academic use; 
(B) to spur economic growth and development through 
innovative applications of this emerging technology; and 
(C) to improve emergency response efforts as it relates 
to assessing damage to critical infrastructure such as roads, 
bridges, and utilities, including water and power, ulti-
mately 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 oper-
ations, nighttime operations on a routine basis, and operations 
over people should remain a top priority for the Federal Avia-
tion 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 Administra-
tion, to estimate and assess compliance with and the effectiveness 
of the registration of small unmanned aircraft systems by the 
Federal Aviation Administration pursuant to the interim final rule 
issued on December 16, 2015, titled ‘‘Registration and Marking 
Requirements for Small Unmanned Aircraft’’ (80 Fed. Reg. 78593). 
49 USC 40101 
note. 
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132 STAT. 3312 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) METRICS.—Upon receiving the assessment, the Secretary 
shall, to the extent practicable, develop metrics to measure compli-
ance with the interim final rule described in subsection (a), and 
any subsequent final rule, including metrics with respect to— 
(1) the levels of compliance with the interim final rule 
and any subsequent final rule; 
(2) the number of enforcement actions taken by the 
Administration for violations of or noncompliance with the 
interim final rule and any subsequent final rule, together with 
a description of the actions; and 
(3) the effect of the interim final rule and any subsequent 
final rule on compliance with any fees associated with the 
use of small unmanned aircraft systems. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the to the appropriate 
committees of Congress a report containing— 
(1) the results of the assessment required under subsection 
(a); 
(2) the metrics required under subsection (b) and how 
the Secretary will track these metrics; and 
(3) recommendations to Congress for improvements to the 
registration process for small unmanned aircraft, if necessary. 
SEC. 372. ENFORCEMENT. 
(a) UAS SAFETY ENFORCEMENT.—The Administrator of the Fed-
eral 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 Fed-
eral, 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 estab-
lished 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 oper-
ations detected in restricted airspace, including in and around 
airports, together with a description of such operations. 
(2) The number of enforcement cases brought by the Fed-
eral 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— 
49 USC 44810 
note. 
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132 STAT. 3313 
PUBLIC LAW 115–254—OCT. 5, 2018 
(1) in subsection (a)(1)(A), by inserting ‘‘chapter 448,’’ after 
‘‘chapter 447 (except sections 44717 and 44719–44723),’’; 
(2) in subsection (a)(5)(A)(i), by inserting ‘‘chapter 448,’’ 
after ‘‘chapter 447 (except sections 44717–44723),’’; 
(3) in subsection (d)(2), by inserting ‘‘chapter 448,’’ after 
‘‘chapter 447 (except sections 44717 and 44719–44723),’’; and 
(4) in subsection (f)(1)(A)(i), by inserting ‘‘chapter 448,’’ 
after ‘‘chapter 447 (except sections 44717 and 44719–44723),’’. 
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to limit the authority of the Administrator to pursue 
an enforcement action for a violation of this subtitle or any other 
applicable provision of aviation safety law or regulation using 
remote detection or identification or other technology following the 
sunset of the pilot program. 
SEC. 373. FEDERAL AND LOCAL AUTHORITIES. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall— 
(1) conduct a study on the relative roles of the Federal 
Government, State, local and Tribal governments in the regula-
tion and oversight of low-altitude operations of unmanned air-
craft systems in the national airspace system; and 
(2) submit to the appropriate committees of Congress a 
report on the study, including the Comptroller General’s 
findings and conclusions. 
(b) CONTENTS.—The study under subsection (a) shall review 
the following: 
(1) The current state of the law with respect to Federal 
authority over low-altitude operations of unmanned aircraft 
systems in the national airspace system. 
(2) The current state of the law with respect to State, 
local, and Tribal authority over low-altitude operations of 
unmanned aircraft systems in the national airspace system. 
(3) Potential gaps between authorities under paragraphs 
(1) and (2). 
(4) The degree of regulatory consistency required among 
the Federal Government, State governments, local govern-
ments, 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 govern-
ments 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 moni-
toring the low-altitude operations of small unmanned aircraft 
and enforcing applicable laws. 
SEC. 374. SPECTRUM. 
(a) REPORT.—Not later than 270 days after the date of enact-
ment 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 Com-
mittee on Commerce, Science, and Transportation of the Senate, 
the Committee on Transportation and Infrastructure of the House 
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132 STAT. 3314 
PUBLIC LAW 115–254—OCT. 5, 2018 
of Representatives, and the Committee on Energy and Commerce 
of the House of Representatives a report— 
(1) on whether unmanned aircraft systems operations 
should be permitted, but not required, to operate on spectrum 
that was recommended for allocation for AM(R)S and control 
links for UAS by the World Radio Conferences in 2007 (L- 
band, 960-1164 MHz) and 2012 (C-band, 5030-5091 MHz), on 
an unlicensed, shared, or exclusive basis, for operations within 
the UTM system or outside of such a system; 
(2) that addresses any technological, statutory, regulatory, 
and operational barriers to the use of such spectrum; and 
(3) that, if it is determined that some spectrum frequencies 
are not suitable for beyond-visual-line-of-sight operations by 
unmanned aircraft systems, includes recommendations of other 
spectrum frequencies that may be appropriate for such oper-
ations. 
(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 viola-
tion of section 5(a) of the Federal Trade Commission Act (15 U.S.C. 
45(a)). 
(b) DEFINITIONS.—In this section, the terms ‘‘unmanned air-
craft’’ 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 require-
ments of section 2208 of the FAA Extension, Safety, and Security 
Act of 2016 (49 U.S.C. 40101 note), subject to subsection (b) of 
this section, the Administrator, in coordination with the Adminis-
trator of the National Aeronautics and Space Administration, and 
in consultation with unmanned aircraft systems industry stake-
holders, 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 
49 USC 44802 
note. 
49 USC 44801 
note. 
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132 STAT. 3315 
PUBLIC LAW 115–254—OCT. 5, 2018 
locations selected under the pilot program required in the 
October 
25, 
2017, 
Presidential 
Memorandum 
entitled, 
‘‘Unmanned Aircraft Systems Integration Pilot Program’’ and 
described in 82 Federal Register 50301. 
(2) Permit the testing of various remote identification and 
tracking technologies evaluated by the Unmanned Aircraft Sys-
tems Identification and Tracking Aviation Rulemaking Com-
mittee. 
(3) Where the particular operational environment permits, 
permit blanket waiver authority to allow any unmanned air-
craft 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 Regula-
tions, provided that any blanket waiver addresses risks to 
airborne objects as well as persons and property on the ground. 
(c) IMPLEMENTATION PLAN CONTENTS.—The plan required by 
subsection (a) shall— 
(1) include the development of safety standards to permit, 
authorize, or allow the use of UTM services, which may include 
the demonstration and validation of such services at the test 
ranges, as defined in section 44801 of title 49, United States 
Code, or other sites as authorized by the Administrator; 
(2) outline the roles and responsibilities of industry and 
government in establishing UTM services that allow applicants 
to conduct commercial and noncommercial operations, recog-
nizing the primary private sector role in the development and 
implementation of the Low Altitude Authorization and Notifica-
tion 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 air-
space system; 
(B) deconfliction of cooperative unmanned aircraft sys-
tems in the national airspace system by such services; 
(C) the manner in which the Federal Aviation Adminis-
tration 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 con-
trol, or management services and technologies to ensure 
the safety oversight of manned and unmanned aircraft, 
including— 
(i) the Federal Aviation Administration respon-
sibilities 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, 
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132 STAT. 3316 
PUBLIC LAW 115–254—OCT. 5, 2018 
or passengers, weighing more than 55 pounds, and oper-
ating 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 serv-
ices in the national airspace system; 
(B) setting the standards for independent private sector 
validation and verification that the standards for UTM 
services established pursuant to paragraph (1) enabling 
operations beyond visual line of sight, have been met by 
applicants; and 
(C) notifying the applicant, not later than 120 days 
after the Administrator receives a complete application, 
with a written approval, disapproval, or request to modify 
the application. 
(d) SAFETY STANDARDS.—In developing the safety standards 
in subsection (c)(1), the Administrator— 
(1) shall require that UTM services help ensure the safety 
of unmanned aircraft and other aircraft operations that occur 
primarily or exclusively in airspace 400 feet above ground level 
and below, including operations conducted under a waiver 
issued pursuant to subpart D of part 107 of title 14, Code 
of Federal Regulations; 
(2) shall consider, as appropriate— 
(A) protection of persons and property on the ground; 
(B) remote identification and tracking of aircraft; 
(C) collision avoidance with respect to obstacles and 
non-cooperative aircraft; 
(D) deconfliction of cooperative aircraft and integration 
of other relevant airspace considerations; 
(E) right of way rules, inclusive of UAS operations; 
(F) safe and reliable coordination between air traffic 
control and other systems operated in the national airspace 
system; 
(G) detection of non-cooperative aircraft; 
(H) geographic and local factors including but not lim-
ited 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 permis-
sion, 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 expe-
dited 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 Adminis-
trator. 
(g) CONSULTATION.—In carrying out this section, the Adminis-
trator shall consult with other Federal agencies, as appropriate. 
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132 STAT. 3317 
PUBLIC LAW 115–254—OCT. 5, 2018 
(h) SENSE OF CONGRESS.—It is the sense of Congress that, 
in developing the safety standards for UTM services, the Federal 
Aviation Administration shall consider ongoing research and 
development efforts on UTM services conducted by— 
(1) the National Aeronautics and Space Administration 
in partnership with industry stakeholders; 
(2) the UTM System pilot program required by section 
2208 of the FAA Extension, Safety, and Security Act of 2016 
(49 U.S.C. 40101 note); and 
(3) the participants in the pilot program required in the 
October 
25, 
2017, 
Presidential 
Memorandum 
entitled, 
‘‘Unmanned Aircraft Systems Integration Pilot Program’’ and 
described in 82 Federal Register 50301. 
(i) DEADLINE.—Not later than 1 year after the date of conclusion 
of the UTM pilot program established in section 2208 of the FAA 
Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), 
the Administrator shall— 
(1) complete the plan required by subsection (a); 
(2) submit the plan to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(B) the Committee on Science, Space, and Technology 
and the Committee on Transportation and Infrastructure 
of the House of Representatives; and 
(3) publish the plan on a publicly accessible Internet 
website of the Federal Aviation Administration. 
SEC. 377. EARLY IMPLEMENTATION OF CERTAIN UTM SERVICES. 
(a) IN GENERAL.—Not later than 120 days after the date of 
the enactment of this Act, the Administrator shall, upon request 
of a UTM service provider, determine if certain UTM services 
may operate safely in the national airspace system before comple-
tion of the implementation plan required by section 376. 
(b) ASSESSMENT OF UTM SERVICES.—In making the determina-
tion under subsection (a), the Administrator shall assess, at a 
minimum, whether the proposed UTM services, as a result of their 
operational capabilities, reliability, intended use, areas of operation, 
and the characteristics of the aircraft involved, will maintain the 
safety and efficiency of the national airspace system and address 
any identified risks to manned or unmanned aircraft and persons 
and property on the ground. 
(c) REQUIREMENTS FOR SAFE OPERATION.—If the Administrator 
determines that certain UTM services may operate safely in the 
national airspace system, the Administrator shall establish require-
ments for their safe operation in the national airspace system. 
(d) EXPEDITED PROCEDURES.—The Administrator shall provide 
expedited procedures for making the assessment and determina-
tions under this section where the UTM services will be provided 
primarily or exclusively in airspace above areas in which the oper-
ation 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 Adminis-
trator 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 
49 USC 44802 
note. 
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132 STAT. 3318 
PUBLIC LAW 115–254—OCT. 5, 2018 
of this Act, including approvals under the Low Altitude Authoriza-
tion and Notification Capability. 
SEC. 378. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) each person that uses an unmanned aircraft system 
for compensation or hire, or in the furtherance of a business 
enterprise, except those operated for purposes protected by 
the First Amendment of the Constitution, should have a written 
privacy policy consistent with section 357 that is appropriate 
to the nature and scope of the activities regarding the collection, 
use, retention, dissemination, and deletion of any data collected 
during the operation of an unmanned aircraft system; 
(2) each privacy policy described in paragraph (1) should 
be periodically reviewed and updated as necessary; and 
(3) each privacy policy described in paragraph (1) should 
be publicly available. 
SEC. 379. COMMERCIAL AND GOVERNMENTAL OPERATORS. 
(a) IN GENERAL.—Not later than 270 days after the date of 
enactment of this Act, the Administrator shall, to the extent prac-
ticable 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 govern-
ments for the operation of unmanned aircraft systems within 
30 days of issuance of such certificate of waiver or authoriza-
tion. 
(2) A spreadsheet of UAS registrations, including the city, 
state, and zip code of each registered drone owner, on its 
website that is updated once per quarter each calendar year. 
(3) Summary descriptions and general purposes of public 
unmanned aircraft operations, including the locations where 
such unmanned aircraft may generally operate. 
(4) Summary descriptions of common civil unmanned air-
craft 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 informa-
tion that the system will collect about individuals; and 
(C) how the information referred to in subparagraph 
(B), and the conclusions drawn from such information, will 
be used, disclosed, and otherwise handled, including— 
(i) how the collection or retention of such informa-
tion that is unrelated to the specific use will be mini-
mized; 
(ii) under what circumstances such information 
might be sold, leased, or otherwise provided to third 
parties; 
49 USC 44801 
note. 
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132 STAT. 3319 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 secu-
rity 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 air-
craft system possesses. 
(b) EXCEPTIONS.—The Administrator shall not disclose informa-
tion 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 Rule-
making or guidance regarding remote identification standards 
under section 2202 of the FAA Extension, Safety, and Security 
Act of 2016 (Public Law 114–190; 130 Stat. 615); or 
(2) September 30, 2023. 
SEC. 380. TRANSITION LANGUAGE. 
(a) REGULATIONS.—Notwithstanding the repeals under sections 
341, 348, 347, and 383 of this Act, all orders, determinations, 
rules, regulations, permits, grants, and contracts, which have been 
issued under any law described under subsection (b) of this section 
before the effective date of this Act shall continue in effect until 
modified or revoked by the Secretary of Transportation, acting 
through the Administrator of the Federal Aviation Administration, 
as applicable, by a court of competent jurisdiction, or by operation 
of law other than this Act. 
(b) LAWS DESCRIBED.—The laws described under this subsection 
are as follows: 
(1) Section 332 of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 40101 note). 
(2) Section 333 of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 40101 note). 
(3) Section 334 of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 40101 note). 
49 USC 44802 
note. 
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132 STAT. 3320 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) Section 2206 of the FAA Extension, Safety, and Security 
Act of 2016 (Public Law 114–190; 130 Stat. 615). 
(c) EFFECT ON PENDING PROCEEDINGS.—This Act shall not affect 
administrative or judicial proceedings pending on the effective date 
of this Act. 
SEC. 381. UNMANNED AIRCRAFT SYSTEMS IN RESTRICTED BUILDINGS 
OR GROUNDS. 
Section 1752 of title 18, United States Code, is amended by 
adding after subsection (a)(4) the following: 
‘‘(5) knowingly and willfully operates an unmanned aircraft 
system with the intent to knowingly and willfully direct or 
otherwise cause such unmanned aircraft system to enter or 
operate within or above a restricted building or grounds;’’. 
SEC. 382. PROHIBITION. 
(a) AMENDMENT.—Chapter 2 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 40A. Operation of unauthorized unmanned aircraft over 
wildfires 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), an 
individual who operates an unmanned aircraft and knowingly or 
recklessly interferes with a wildfire suppression, or law enforcement 
or emergency response efforts related to a wildfire suppression, 
shall be fined under this title, imprisoned for not more than 2 
years, or both. 
‘‘(b) EXCEPTIONS.—This section does not apply to the operation 
of an unmanned aircraft conducted by a unit or agency of the 
United States Government or of a State, tribal, or local government 
(including any individual conducting such operation pursuant to 
a contract or other agreement entered into with the unit or agency) 
for the purpose of protecting the public safety and welfare, including 
firefighting, law enforcement, or emergency response. 
‘‘(c) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) UNMANNED AIRCRAFT.—The term ‘unmanned aircraft’ 
has the meaning given the term in section 44801 of title 49, 
United States Code. 
‘‘(2) WILDFIRE.—The term ‘wildfire’ has the meaning given 
that term in section 2 of the Emergency Wildfire Suppression 
Act (42 U.S.C. 1856m). 
‘‘(3) WILDFIRE SUPPRESSION.—The term ‘wildfire suppres-
sion’ 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: 
18 USC 
prec. 31. 
18 USC 40A. 
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132 STAT. 3321 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘§ 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 Sec-
retary of Homeland Security, and the heads of other relevant Fed-
eral departments and agencies for the purpose of ensuring that 
technologies or systems that are developed, tested, or deployed 
by Federal departments and agencies to detect and mitigate poten-
tial 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 develop-
ment of policies, procedures, or protocols that will allow appro-
priate officials of the Federal Aviation Administration to utilize 
such technologies or systems to take steps to detect and miti-
gate potential airspace safety risks posed by unmanned aircraft 
system operations. 
‘‘(3) AVIATION
RULEMAKING
COMMITTEE.—The Adminis-
trator shall charter an aviation rulemaking committee to make 
recommendations for such a plan and any standards that the 
Administrator determines may need to be developed with 
respect to such technologies or systems. The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to an aviation 
rulemaking committee chartered under this paragraph. 
‘‘(4) NON-DELEGATION.—The plan shall not delegate any 
authority granted to the Administrator under this section to 
other Federal, State, local, territorial, or tribal agencies, or 
an airport sponsor, as defined in section 47102 of title 49, 
United States Code. 
‘‘(c) AIRSPACE HAZARD MITIGATION PROGRAM.—In order to test 
and evaluate technologies or systems that detect and mitigate poten-
tial aviation safety risks posed by unmanned aircraft, the Adminis-
trator 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 sub-
section (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, permit-
ting, authorizing, or allowing of such technologies and systems 
that have been successfully tested under this section, an airport 
sponsor may apply for a grant under subchapter I of chapter 471 
to purchase an unmanned aircraft detection and mitigation system. 
For purposes of this subsection, purchasing an unmanned aircraft 
detection and mitigation system shall be considered airport develop-
ment (as defined in section 47102). 
‘‘(f) BRIEFING.—The Administrator shall annually brief the 
appropriate committees of Congress, including the Committee on 
49 USC 44810. 
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132 STAT. 3322 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 (com-
monly 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 pursu-
ant to subsection (c) and (d). 
‘‘(h) SUNSET.—This section ceases to be effective September 
30, 2023. 
‘‘(i) NON-DELEGATION.—The Administrator shall not delegate 
any authority granted to the Administrator under this section to 
other Federal, State, local, territorial, or tribal agencies, or an 
airport sponsor, as defined in section 47102 of title 49, United 
States Code. The Administrator may partner with other Federal 
agencies under this section, subject to any restrictions contained 
in such agencies’ authority to operate counter unmanned aircraft 
systems.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents for chapter 
448, as amended by this Act, is further amended by inserting 
at the end the following: 
‘‘44810. Airport safety and airspace hazard mitigation and enforcement.’’. 
(2) PILOT
PROJECT
FOR
AIRPORT
SAFETY
AND
AIRSPACE 
HAZARD
MITIGATION.—Section 2206 of the FAA Extension, 
Safety, and Security Act of 2016 (Public Law 114–190; 130 
Stat. 615) and the item relating to that section in the table 
of contents under section 1(b) of that Act are repealed. 
SEC. 384. UNSAFE OPERATION OF UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Chapter 2 of title 18, United States Code, 
is amended by inserting after section 39A the following: 
‘‘§ 39B. Unsafe operation of unmanned aircraft 
‘‘(a) OFFENSE.—Any person who operates an unmanned aircraft 
and: 
‘‘(1) Knowingly interferes with, or disrupts the operation 
of, an aircraft carrying 1 or more occupants operating in the 
special aircraft jurisdiction of the United States, in a manner 
that poses an imminent safety hazard to such occupants, shall 
be punished as provided in subsection (c). 
‘‘(2) Recklessly interferes with, or disrupts the operation 
of, an aircraft carrying 1 or more occupants operating in the 
special aircraft jurisdiction of the United States, in a manner 
that poses an imminent safety hazard to such occupants, shall 
be punished as provided in subsection (c). 
‘‘(b) OPERATION OF UNMANNED AIRCRAFT IN CLOSE PROXIMITY 
TO AIRPORTS.— 
‘‘(1) IN GENERAL.—Any person who, without authorization, 
knowingly operates an unmanned aircraft within a runway 
exclusion zone shall be punished as provided in subsection 
(c). 
18 USC 39B. 
49 USC 40101 
note. 
49 USC 
prec. 44801. 
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132 STAT. 3323 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 run-
way’s centerline to points that are 1 statute mile from 
each end of the runway and the width of which is 1⁄2 
statute mile. 
‘‘(c) PENALTY.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
the punishment for an offense under subsections (a) or (b) 
shall be a fine under this title, imprisonment for not more 
than 1 year, or both. 
‘‘(2) SERIOUS BODILY INJURY OR DEATH.—Any person who: 
‘‘(A) Causes serious bodily injury or death during the 
commission of an offense under subsection (a)(2) shall be 
fined under this title, imprisoned for a term of up to 10 
years, or both. 
‘‘(B) Causes, or attempts or conspires to cause, serious 
bodily injury or death during the commission of an offense 
under subsections (a)(1) and (b) shall be fined under this 
title, imprisoned for any term of years or for life, or both.’’. 
(b) TABLE OF CONTENTS.—The table of contents for chapter 
2 of title 18, United States Code, is amended by inserting after 
the item relating to section 39A the following: 
‘‘39B. Unsafe operation of unmanned aircraft.’’. 
Subtitle C—General Aviation Safety 
SEC. 391. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fairness for Pilots Act’’. 
SEC. 392. EXPANSION OF PILOT’S BILL OF RIGHTS. 
(a) NOTIFICATION OF INVESTIGATION.—Subsection (b) of section 
2 of the Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 
1159; 49 U.S.C. 44703 note) is amended— 
(1) in paragraph (2)(A), by inserting ‘‘and the specific 
activity on which the investigation is based’’ after ‘‘nature of 
the investigation’’; 
(2) in paragraph (3), by striking ‘‘timely’’; and 
(3) in paragraph (5), by striking ‘‘section 44709(c)(2)’’ and 
inserting ‘‘section 44709(e)(2)’’. 
(b) RELEASE
OF INVESTIGATIVE REPORTS.—Section 2 of the 
Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 1159; 49 
U.S.C. 44703 note) is further amended by adding at the end the 
following: 
‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) EMERGENCY
ORDERS.—In any proceeding con-
ducted under part 821 of title 49, Code of Federal Regula-
tions, relating to the amendment, modification, suspension, 
or revocation of an airman certificate, in which the 
Administrator issues an emergency order under subsections 
49 USC 40101 
note. 
Fairness for 
Pilots Act. 
18 USC 
prec. 31. 
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132 STAT. 3324 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 pro-
vide, upon request, to the individual holding the airman 
certificate the releasable portion of the investigative report 
at the time the Administrator issues the order. If the 
complete Report of Investigation is not available at the 
time of the request, the Administrator shall issue all por-
tions 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 Regu-
lations, relating to the amendment, modification, suspen-
sion, or revocation of an airman certificate, in which the 
Administrator notifies the certificate holder of a proposed 
certificate action under subsections (b) and (c) of section 
44709 or section 44710 of title 49, United States Code, 
the Administrator shall, upon the written request of the 
covered certificate holder and at any time after that 
notification, provide to the covered certificate holder the 
releasable portion of the investigative report. 
‘‘(2) MOTION
FOR
DISMISSAL.—If the Administrator does 
not provide the releasable portions of the investigative report 
to the individual holding the airman certificate subject to the 
proceeding referred to in paragraph (1) by the time required 
by that paragraph, the individual may move to dismiss the 
complaint of the Administrator or for other relief and, unless 
the Administrator establishes good cause for the failure to 
provide the investigative report or for a lack of timeliness, 
the administrative law judge shall order such relief as the 
judge considers appropriate. 
‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE REPORT.—For 
purposes of paragraph (1), the releasable portion of an inves-
tigative 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 sec-
tion 15.5 of title 49, Code of Federal Regulations (or any 
corresponding similar ruling or regulation). 
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to prevent the Administrator from releasing 
to an individual subject to an investigation described in sub-
section (b)(1)— 
‘‘(A) information in addition to the information included 
in the releasable portion of the investigative report; or 
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132 STAT. 3325 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 fol-
lowing: 
‘‘(1) IN GENERAL.—The Administrator’’; 
(2) by adding at the end the following: 
‘‘(2) NOTIFICATION OF REEXAMINATION OF AIRMAN.—Before 
taking any action to reexamine an airman under paragraph 
(1) the Administrator shall provide to the airman— 
‘‘(A) a reasonable basis, described in detail, for 
requesting the reexamination; and 
‘‘(B) any information gathered by the Federal Aviation 
Administration, that the Administrator determines is 
appropriate to provide, such as the scope and nature of 
the requested reexamination, that formed the basis for 
that justification.’’. 
SEC. 394. EXPEDITING UPDATES TO NOTAM PROGRAM. 
(a) IN GENERAL.—Beginning on the date that is 180 days after 
the date of enactment of this Act, the Administrator may not 
take any enforcement action against any individual for a violation 
of a NOTAM (as defined in section 3 of the Pilot’s Bill of Rights 
(49 U.S.C. 44701 note)) until the Administrator certifies to the 
appropriate committees of Congress that the Administrator has 
complied with the requirements of section 3 of the Pilot’s Bill 
of Rights, as amended by this section. 
(b) AMENDMENTS.—Section 3 of the Pilot’s Bill of Rights (Public 
Law 112–153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended— 
(1) in subsection (a)(2)— 
(A) in the matter preceding subparagraph (A)— 
(i) by striking ‘‘this Act’’ and inserting ‘‘the Fair-
ness for Pilots Act’’; and 
(ii) by striking ‘‘begin’’ and inserting ‘‘complete the 
implementation of’’; 
(B) by amending subparagraph (B) to read as follows: 
‘‘(B) to continue developing and modernizing the 
NOTAM repository, in a public central location, to maintain 
and archive all NOTAMs, including the original content 
and form of the notices, the original date of publication, 
and any amendments to such notices with the date of 
each amendment, in a manner that is Internet-accessible, 
machine-readable, and searchable;’’; 
(C) in subparagraph (C), by striking the period at 
the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(D) to specify the times during which temporary flight 
restrictions are in effect and the duration of a designation 
of special use airspace in a specific area.’’; and 
(2) by amending subsection (d) to read as follows: 
‘‘(d) DESIGNATION
OF
REPOSITORY
AS
SOLE
SOURCE
FOR 
NOTAMS.— 
‘‘(1) IN GENERAL.—The Administrator— 
49 USC 44701 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(A) shall consider the repository for NOTAMs under 
subsection (a)(2)(B) to be the sole location for airmen to 
check for NOTAMs; and 
‘‘(B) may not consider a NOTAM to be announced 
or published until the NOTAM is included in the repository 
for NOTAMs under subsection (a)(2)(B). 
‘‘(2) PROHIBITION ON TAKING ACTION FOR VIOLATIONS OF 
NOTAMS NOT IN REPOSITORY.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), beginning on the date that the repository under sub-
section (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.—Subpara-
graph (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 fol-
lowing: 
‘‘§ 47124a. Accessibility of certain flight data 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATION.—The term ‘Administration’ means 
the Federal Aviation Administration. 
‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Federal Aviation Administration. 
‘‘(3) APPLICABLE INDIVIDUAL.—The term ‘applicable indi-
vidual’ means an individual who is the subject of an investiga-
tion 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 ADMINISTRA-
TION.— 
‘‘(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 cov-
ered flight record from the contract tower or other contractor 
of the Administration in possession of the covered flight record. 
49 USC 47124a. 
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132 STAT. 3327 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(2) PROVISION OF RECORDS.—Any covered flight record cre-
ated, 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 Adminis-
tration requests the record pursuant to paragraph (1). 
‘‘(3) NOTICE
OF
PROPOSED
CERTIFICATE
ACTION.—If the 
Administrator has issued, or subsequently issues, a Notice of 
Proposed Certificate Action relying on evidence contained in 
the covered flight record and the individual who is the subject 
of an investigation has requested the record, the Administrator 
shall promptly produce the record and extend the time the 
individual has to respond to the Notice of Proposed Certificate 
Action until the covered flight record is provided. 
‘‘(c) IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the Fairness for Pilots Act, the Administrator 
shall promulgate regulations or guidance to ensure compliance 
with this section. 
‘‘(2) COMPLIANCE BY CONTRACTORS.— 
‘‘(A) IN
GENERAL.—Compliance with this section by 
a contract tower or other contractor of the Administration 
that maintains covered flight records shall be included 
as a material term in any contract between the Administra-
tion and the contract tower or contractor entered into or 
renewed on or after the date of enactment of the Fairness 
for Pilots Act. 
‘‘(B) NONAPPLICABILITY.—Subparagraph (A) shall not 
apply to any contract or agreement in effect on the date 
of enactment of the Fairness for Pilots Act unless the 
contract or agreement is renegotiated, renewed, or modified 
after that date. 
‘‘(d) PROTECTION OF CERTAIN DATA.—The Administrator of the 
Federal Aviation Administration may withhold information that 
would otherwise be required to be made available under section 
only if— 
‘‘(1) the Administrator determines, based on information 
in the possession of the Administrator, that the Administrator 
may withhold the information in accordance with section 552a 
of title 5, United States Code; or 
‘‘(2) the information is submitted pursuant to a voluntary 
safety reporting program covered by section 40123 of title 49, 
United States Code.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—The table of 
contents for chapter 471 is amended by inserting after the item 
relating to section 47124 the following: 
‘‘47124a. Accessibility of certain flight data.’’. 
SEC. 396. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN 
NOTICES. 
Not later than 90 days after the date of enactment of this 
Act, the Administrator shall designate the appropriate legal counsel 
of the Administration as an appropriate official for purposes of 
section 13.11 of title 14, Code of Federal Regulations. 
49 USC 46101 
note. 
49 USC 
prec. 47101. 
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132 STAT. 3328 
PUBLIC LAW 115–254—OCT. 5, 2018 
TITLE IV—AIR SERVICE 
IMPROVEMENTS 
Subtitle A—Airline Customer Service 
Improvements 
SEC. 401. DEFINITIONS. 
In this title: 
(1) COVERED AIR CARRIER.—The term ‘‘covered air carrier’’ 
means an air carrier or a foreign air carrier as those terms 
are defined in section 40102 of title 49, United States Code. 
(2) ONLINE SERVICE.—The term ‘‘online service’’ means any 
service available over the internet, or that connects to the 
internet or a wide-area network. 
(3) TICKET
AGENT.—The term ‘‘ticket agent’’ has the 
meaning given the term in section 40102 of title 49, United 
States Code. 
SEC. 402. RELIABLE AIR SERVICE IN AMERICAN SAMOA. 
Section 40109(g) of title 49, United States Code, is amended— 
(1) in paragraph (2) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) review the exemption at least every 30 days (or, in 
the case of an exemption that is necessary to provide and 
sustain air transportation in American Samoa between the 
islands of Tutuila and Manu’a, at least every 180 days) to 
ensure that the unusual circumstances that established the 
need for the exemption still exist.’’; and 
(2) by striking paragraph (3) and inserting the following: 
‘‘(3) RENEWAL OF EXEMPTIONS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Secretary may renew an exemption (including 
renewals) under this subsection for not more than 30 days. 
‘‘(B) EXCEPTION.—The Secretary may renew an exemp-
tion (including renewals) under this subsection that is nec-
essary to provide and sustain air transportation in Amer-
ican 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 estab-
lished 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 communica-
tions 
‘‘(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 
49 USC 41725. 
49 USC 40101 
note. 
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132 STAT. 3329 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(2) that exempt from the prohibition described in para-
graph (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 offi-
cial capacity. 
‘‘(b) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means, with respect to an 
aircraft, the period beginning when the aircraft takes off and 
ending when the aircraft lands. 
‘‘(2) MOBILE COMMUNICATIONS DEVICE.— 
‘‘(A) IN GENERAL.—The term ‘mobile communications 
device’ means any portable wireless telecommunications 
equipment utilized for the transmission or reception of 
voice data. 
‘‘(B) LIMITATION.—The term ‘mobile communications 
device’ does not include a phone installed on an aircraft.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 417 of 
title 49, United States Code, is amended by inserting after the 
item relating to section 41724 the following: 
‘‘41725. Prohibition on certain cell phone voice communications.’’. 
SEC. 404. IMPROVED NOTIFICATION OF INSECTICIDE USE. 
Section 42303(b) of title 49, United States Code, is amended 
to read as follows: 
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, foreign air carrier, 
or ticket agent selling, in the United States, a ticket for a flight 
in foreign air transportation to a country listed on the internet 
website established under subsection (a) shall— 
‘‘(1) disclose, on its own internet website or through other 
means, that the destination country may require the air carrier 
or foreign air carrier to treat an aircraft passenger cabin with 
insecticides prior to the flight or to apply an aerosol insecticide 
in an aircraft cabin used for such a flight when the cabin 
is occupied with passengers; and 
‘‘(2) refer the purchaser of the ticket to the internet website 
established under subsection (a) for additional information.’’. 
SEC. 405. CONSUMER COMPLAINTS HOTLINE. 
Section 42302 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(d) USE OF NEW TECHNOLOGIES.—The Secretary shall periodi-
cally evaluate the benefits of using mobile phone applications or 
other widely used technologies to provide new means for air pas-
sengers to communicate complaints in addition to the telephone 
number established under subsection (a) and shall provide such 
new means as the Secretary determines appropriate.’’. 
SEC. 406. CONSUMER INFORMATION ON ACTUAL FLIGHT TIMES. 
(a) STUDY.—The Secretary of Transportation shall conduct a 
study on the feasibility and advisability of modifying regulations 
contained in section 234.11 of title 14, Code of Federal Regulations, 
to ensure that— 
(1) a reporting carrier (including its contractors), during 
the course of a reservation or ticketing discussion or other 
inquiry, discloses to a consumer upon reasonable request the 
49 USC 
prec. 41701. 
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132 STAT. 3330 
PUBLIC LAW 115–254—OCT. 5, 2018 
projected period between the actual wheels-off and wheels- 
on times for a reportable flight; and 
(2) a reporting carrier displays, on the public internet 
website of the carrier, information on the actual wheels-off 
and wheels-on times during the most recent calendar month 
for a reportable flight. 
(b) DEFINITIONS.—In this section, the terms ‘‘reporting carrier’’ 
and ‘‘reportable flight’’ have the meanings given those terms in 
section 234.2 of title 14, Code of Federal Regulations (as in effect 
on the date of enactment of this Act). 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate a report on the results of the study. 
SEC. 407. TRAINING POLICIES REGARDING RACIAL, ETHNIC, AND RELI-
GIOUS 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 non-
discrimination; 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 back-
grounds; 
(2) national organizations that represent impacted commu-
nities; 
(3) air carriers; 
(4) airport operators; and 
(5) contract service providers. 
SEC. 408. TRAINING ON HUMAN TRAFFICKING FOR CERTAIN STAFF. 
(a) IN GENERAL.—Chapter 447 of title 49, United States Code, 
as amended by this Act, is further amended by adding at the 
end the following: 
‘‘§ 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.’’. 
49 USC 
prec. 44701. 
49 USC 44738. 
49 USC 40127 
note. 
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132 STAT. 3331 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 409. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS. 
Section 41706 of title 49, United States Code, is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following: 
‘‘(d) ELECTRONIC CIGARETTES.— 
‘‘(1) INCLUSION.—The use of an electronic cigarette shall 
be treated as smoking for purposes of this section. 
‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In this section, the 
term ‘electronic cigarette’ means a device that delivers nicotine 
to a user of the device in the form of a vapor that is inhaled 
to simulate the experience of smoking.’’. 
SEC. 410. REPORT ON BAGGAGE REPORTING REQUIREMENTS. 
Not later than 6 months after the date of enactment of this 
Act, the Secretary of Transportation shall— 
(1) study and publicize for comment a cost-benefit analysis 
to air carriers and consumers of changing the baggage reporting 
requirements of section 234.6 of title 14, Code of Federal Regu-
lations, before the implementation of such requirements; and 
(2) submit a report on the findings of the cost-benefit 
analysis to the appropriate committees of Congress. 
SEC. 411. ENFORCEMENT OF AVIATION CONSUMER PROTECTION 
RULES. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study to consider and evaluate Department of 
Transportation enforcement of aviation consumer protection rules. 
(b) CONTENTS.—The study under subsection (a) shall include 
an evaluation of— 
(1) available enforcement mechanisms; 
(2) any obstacles to enforcement; and 
(3) trends in Department of Transportation enforcement 
actions. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to the appropriate 
committees of Congress a report on the study, including the Comp-
troller 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 cov-
ered air carrier shall not deny a passenger the ability to check 
a stroller at the departure gate if the stroller is being used by 
a passenger to transport a child traveling on the same flight as 
the passenger. 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply in instances 
where the size or weight of the stroller poses a safety or security 
risk. 
‘‘(c) COVERED AIR CARRIER DEFINED.—In this section, the term 
‘covered air carrier’ means an air carrier or a foreign air carrier 
as those terms are defined in section 40102 of title 49, United 
States Code.’’. 
49 USC 41726. 
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132 STAT. 3332 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 para-
graph (1), the Secretary shall consider, at a minimum— 
(A) whether delays and cancellations were the result 
of— 
(i) decisions or matters within the control or within 
the discretion of the Federal Aviation Administration, 
including ground stop or delay management programs 
in response to adverse weather conditions; 
(ii) business decisions or other matters within the 
air carrier’s control or discretion in response to adverse 
weather conditions, including efforts to disrupt the 
travel of the fewest number of passengers; or 
(iii) other factors; 
(B) if the data indicate whether and to what extent 
delays and cancellations attributed by an air carrier to 
weather disproportionately impact service to smaller air-
ports 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 Adminis-
tration air traffic control systems that reduce the capacity 
or efficiency of the national airspace system during adverse 
weather events; and 
(E) relevant analytical work by academic institutions. 
(3) CONSULTATION.—The Secretary may consult air carriers 
and the Advisory Committee for Aviation Consumer Protection, 
established under section 411 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 42301 prec. note), to assist 
in conducting the review and providing recommendations on 
improving the quality and quantity of information provided 
to passengers adversely affected by a cancellation or delay. 
(b) REPORT.—Not later than 90 days after the date the review 
under subsection (a) is complete, the Secretary shall submit to 
the appropriate committees of Congress a report on the review 
under subsection (a), including any recommendations. 
(c) SAVINGS PROVISION.—Nothing in this section shall be con-
strued 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 
49 USC 
prec. 41701. 
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132 STAT. 3333 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) any decisions of an air carrier or the Federal Aviation 
Administration in any matter related to or affecting the safety 
of any person. 
SEC. 414. INVOLUNTARY CHANGES TO ITINERARIES. 
(a) REVIEW.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation shall 
review the rate at which air carriers change passenger 
itineraries more than 24 hours before departure, where the 
new itineraries involve additional stops or depart 3 hours ear-
lier 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 Moderniza-
tion and Reform Act of 2012 (49 U.S.C. 42301 prec. note), 
to assist in conducting the review and providing recommenda-
tions. 
(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 CON-
SUMER PROTECTION. 
Section 411 of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 42301 prec. note) is amended in subsection (h) by striking 
‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 416. ONLINE ACCESS TO AVIATION CONSUMER PROTECTION 
INFORMATION. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary of Transportation shall— 
(1) complete an evaluation of the aviation consumer protec-
tion portion of the Department of Transportation’s public inter-
net 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, acces-
sibility, 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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132 STAT. 3334 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 commit-
tees 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.’’. 
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 consulta-
tion with the Secretary of Health and Human Services, shall estab-
lish an advisory committee for the purpose of reviewing options 
to improve the disclosure of charges and fees for air medical serv-
ices, 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 des-
ignee. 
(2) The Secretary of Health and Human Services, or the 
Secretary’s designee. 
(3) One representative, to be appointed by the Secretary 
of Transportation, of each of the following: 
(A) Each relevant Federal agency, as determined by 
the Secretary of Transportation. 
(B) State insurance regulators 
(C) Health insurance providers. 
(D) Patient advocacy groups. 
(E) Consumer advocacy groups. 
(F) Physician specializing in emergency, trauma, car-
diac, 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 appro-
priate by the Secretary. 
49 USC note 
prec. 42301. 
49 USC 
prec. 44701. 
49 USC 44739. 
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132 STAT. 3335 
PUBLIC LAW 115–254—OCT. 5, 2018 
(c) CONSULTATION.—The advisory committee shall, as appro-
priate, 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 protec-
tion 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 sepa-
rate charges for air transportation services from charges 
for non-air transportation services; and 
(B) formats for bills and invoices that clearly distin-
guish between charges for air transportation services and 
charges for non-air transportation services; 
(2) options, best practices, and identified standards to pre-
vent instances of balance billing such as improving network 
and contract negotiation, dispute resolution between health 
insurance and air medical service providers, and explanation 
of insurance coverage and subscription programs to consumers; 
(3) steps that can be taken by State legislatures, State 
insurance regulators, State attorneys general, and other State 
officials as appropriate, consistent with current legal authorities 
regarding consumer protection; 
(4) recommendations made by the Comptroller General 
study, GAO–17–637, including what additional data from air 
ambulance providers and other sources should be collected by 
the Department of Transportation to improve its understanding 
of the air ambulance market and oversight of the air ambulance 
industry for the purposes of pursuing action related to unfair 
or deceptive practices or unfair methods of competition, which 
may include— 
(A) cost data; 
(B) standard charges and payments received per trans-
port; 
(C) whether the provider is part of a hospital-sponsored 
program, municipality-sponsored program, hospital-inde-
pendent partnership (hybrid) program, or independent pro-
gram; 
(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 pro-
vided 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. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(e) REPORT.—Not later than 180 days after the date of the 
first meeting of the advisory committee, the advisory committee 
shall submit to the Secretary of Transportation, the Secretary of 
Health and Human Services, and the appropriate committees of 
Congress a report containing the recommendations made under 
subsection (d). 
(f) RULEMAKING.—Upon receipt of the report under subsection 
(e), the Secretary of Transportation shall consider the recommenda-
tions of the advisory committee and issue regulations or other 
guidance as deemed necessary— 
(1) to require air ambulance providers to regularly report 
data to the Department of Transportation; 
(2) to increase transparency related to Department of 
Transportation actions related to consumer complaints; and 
(3) to provide other consumer protections for customers 
of air ambulance providers. 
(g) ELIMINATION OF ADVISORY COUNCIL ON TRANSPORTATION 
STATISTICS.—The Advisory Council on Transportation Statistics 
shall terminate on the date of enactment of this Act. 
SEC. 419. AIR AMBULANCE COMPLAINTS TO THE DEPARTMENT OF 
TRANSPORTATION. 
(a) CONSUMER COMPLAINTS.—Section 42302 of title 49, United 
States Code, is further amended— 
(1) in subsection (a) by inserting ‘‘(including transportation 
by air ambulance (as defined by the Secretary of Transpor-
tation))’’ 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 Transpor-
tation shall submit a report to the appropriate committees of Con-
gress on air ambulance oversight. 
(b) CONTENTS
OF REPORT.—The report required under sub-
section (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. 
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132 STAT. 3337 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 421. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY 
A COVERED AIR CARRIER. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation shall promulgate regulations 
that require each covered air carrier to promptly provide a refund 
to a passenger of any ancillary fees paid for services related to 
air travel that the passenger does not receive, including on the 
passenger’s scheduled flight, on a subsequent replacement itinerary 
if there has been a rescheduling, or for a flight not taken by 
the passenger. 
SEC. 422. ADVANCE BOARDING DURING PREGNANCY. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary of Transportation shall review air carrier policies 
regarding traveling during pregnancy and, if appropriate, may 
revise regulations, as the Secretary considers necessary, to require 
an air carrier to offer advance boarding of an aircraft to a pregnant 
passenger who requests such assistance. 
SEC. 423. CONSUMER COMPLAINT PROCESS IMPROVEMENT. 
(a) IN GENERAL.—Section 42302(c) of title 49, United States 
Code is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘An 
air carrier or foreign air carrier providing scheduled air 
transportation using any aircraft that as originally designed 
has a passenger capacity of 30 or more passenger seats’’ and 
inserting ‘‘Each air carrier and foreign air carrier’’; 
(2) in paragraph (1), by striking ‘‘air carrier’’ and inserting 
‘‘carrier’’; and 
(3) in paragraph (2), by striking ‘‘air carrier’’ and inserting 
‘‘carrier’’. 
(b) RULEMAKING.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall promulgate 
regulations to implement the requirements of section 42302 of title 
49, United States Code, as amended by this Act. 
SEC. 424. AVIATION CONSUMER ADVOCATE. 
(a) IN GENERAL.—The Secretary of Transportation shall review 
aviation consumer complaints received that allege a violation of 
law and, as appropriate, pursue enforcement or corrective actions 
that would be in the public interest. 
(b) CONSIDERATIONS.—In considering which cases to pursue 
for enforcement or corrective action under subsection (a), the Sec-
retary 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 contin-
gency planning requirements for both airports and airlines; 
(5) protection of air ambulance consumers; and 
(6) any other applicable law. 
(c) AVIATION CONSUMER ADVOCATE.— 
49 USC 42302 
note. 
49 USC 42302 
note. 
49 USC note 
prec. 42301. 
49 USC note 
prec. 42301. 
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132 STAT. 3338 
PUBLIC LAW 115–254—OCT. 5, 2018 
(1) IN GENERAL.—Within the Aviation Consumer Protection 
Division of the Department of Transportation, there shall be 
an Aviation Consumer Advocate. 
(2) FUNCTIONS.—The Aviation Consumer Advocate shall— 
(A) assist consumers in resolving carrier service com-
plaints filed with the Aviation Consumer Protection Divi-
sion; 
(B) review the resolution by the Department of 
Transportation of carrier service complaints; 
(C) identify and recommend actions the Department 
can take to improve the enforcement of aviation consumer 
protection rules, protection of air ambulance consumers, 
and resolution of carrier service complaints; and 
(D) identify and recommend regulations and policies 
that can be amended to more effectively resolve carrier 
service complaints. 
(d) ANNUAL REPORTS.—The Secretary, through the Aviation 
Consumer Advocate, shall submit to the appropriate committees 
of Congress an annual report summarizing the following: 
(1) The total number of annual complaints received by 
the Department, including the number of complaints by the 
name of each air carrier and foreign air carrier. 
(2) The total number of annual complaints by category 
of complaint. 
(3) The number of complaints referred in the preceding 
year for enforcement or corrective action by the Department. 
(4) Any recommendations under paragraphs (2)(C) and 
(2)(D) of subsection (c). 
(5) Such other data as the Aviation Consumer Advocate 
considers appropriate. 
(e) SUNSET
ON
REPORTING
REQUIREMENT.—The reporting 
requirement of subsection (d) shall terminate on September 30, 
2023. 
SEC. 425. TICKETS ACT. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Trans-
parency Improvements and Compensation to Keep Every Ticket-
holder 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 invol-
untarily 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 electroni-
cally scanned and accepted by the gate agent. 
(c) LIMITATIONS.—The prohibition pursuant to subsection (b) 
shall not apply when— 
(1) there is a safety, security, or health risk with respect 
to that revenue passenger or there is a safety or security 
issue requiring removal of a revenue passenger; or 
(2) the revenue passenger is engaging in behavior that 
is obscene, disruptive, or otherwise unlawful. 
(d) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to limit or otherwise affect the responsibility or authority 
of a pilot in command of an aircraft under section 121.533 of 
49 USC note 
prec. 42301. 
Transparency 
Improvements 
and 
Compensation to 
Keep Every 
Ticketholder Safe 
Act of 2018. 
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132 STAT. 3339 
PUBLIC LAW 115–254—OCT. 5, 2018 
title 14, Code of Federal Regulations, or limit any penalty under 
section 46504 of title 49, United States Code. 
(e) INVOLUNTARY DENIED BOARDING COMPENSATION.—Not later 
than 60 days after the date of enactment of this Act, the Secretary 
of Transportation shall issue a final rule to revise part 250 of 
title 14, Code of Federal Regulations, to clarify that— 
(1) there is not a maximum level of compensation an air 
carrier or foreign air carrier may pay to a passenger who 
is involuntarily denied boarding as the result of an oversold 
flight; 
(2) the compensation levels set forth in that part are the 
minimum levels of compensation an air carrier or foreign air 
carrier must pay to a passenger who is involuntarily denied 
boarding as the result of an oversold flight; and 
(3) an air carrier or foreign air carrier must proactively 
offer to pay compensation to a passenger who is voluntarily 
or involuntarily denied boarding on an oversold flight, rather 
than waiting until the passenger requests the compensation. 
(f) GAO REPORT ON OVERSALES.— 
(1) IN GENERAL.—The Comptroller General of the United 
States shall review airline policies and practices related to 
oversales of flights. 
(2) CONSIDERATIONS.—In conducting the review under para-
graph (1), the Comptroller General shall examine— 
(A) the impact on passengers as a result of an oversale, 
including increasing or decreasing the costs of passenger 
air transportation; 
(B) economic and operational factors which result in 
oversales; 
(C) whether, and if so how, the incidence of oversales 
varies depending on markets; 
(D) potential consequences on the limiting of oversales; 
and 
(E) best practices on how oversale policies can be 
communicated to passengers at airline check-in desks and 
airport gates. 
(3) REPORT.—Not later than 1 year after the date of enact-
ment 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; 
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132 STAT. 3340 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) the extent of complaints to the Department of Transpor-
tation and air carriers related to lavatories and efforts they 
have taken to address complaints; and 
(5) the extent to which air carriers are reducing the size 
and number of lavatories to add more seats and whether this 
creates passenger lavatory access issues. 
SEC. 427. CONSUMER PROTECTION REQUIREMENTS RELATING TO 
LARGE TICKET AGENTS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall issue 
a final rule to require large ticket agents to adopt minimum cus-
tomer service standards. 
(b) PURPOSE.—The purpose of the final rule shall be to ensure 
that, to the extent feasible, there is a consistent level of consumer 
protection regardless of where consumers purchase air fares and 
related air transportation services. 
(c) STANDARDS.—In issuing the final rule, the Secretary shall 
consider, to the extent feasible, establishing standards consistent 
with all customer service and disclosure requirements applicable 
to covered air carriers under this title and associated regulations. 
(d) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) TICKET AGENT.— 
(A) IN
GENERAL.—Subject to subparagraph (B), the 
term ‘‘ticket agent’’ has the meaning given that term in 
section 40102(a) of title 49, United States Code. 
(B) INCLUSION.—The term ‘‘ticket agent’’ includes a 
person who acts as an intermediary involved in the sale 
of air transportation directly or indirectly to consumers, 
including by operating an electronic airline information 
system, if the person— 
(i) holds the person out as a source of information 
about, or reservations for, the air transportation 
industry; and 
(ii) receives compensation in any way related to 
the sale of air transportation. 
(2) LARGE TICKET AGENT.—The term ‘‘large ticket agent’’ 
means a ticket agent with annual revenues of $100,000,000 
or more. 
(e) ENFORCEMENT.—No large ticket agent may be found in 
noncompliance of any standard or requirement adopted in the final 
rule required by this section if— 
(1) the large ticket agent is unable to meet the new 
standard or requirement due to the lack of information or 
data from the covered air carrier and the information is 
required for the large ticket agent to comply with such standard 
or requirement; or 
(2) the sale of air transportation is made by a large ticket 
agent pursuant to a specific corporate or government fare 
management contract. 
SEC. 428. WIDESPREAD DISRUPTIONS. 
(a) IN GENERAL.—Chapter 423 of title 49, United States Code, 
is amended by adding at the end the following: 
49 USC note 
prec. 42301. 
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132 STAT. 3341 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘§ 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 ter-
minal. 
‘‘(b) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) WIDESPREAD
DISRUPTION.—The term ‘widespread 
disruption’ means, with respect to a covered air carrier, the 
interruption of all or the overwhelming majority of the air 
carrier’s systemwide flight operations, including flight delays 
and cancellations, as the result of the failure of 1 or more 
computer systems or computer networks of the air carrier. 
‘‘(2) COVERED AIR CARRIER.—The term ‘covered air carrier’ 
means an air carrier that provides scheduled passenger air 
transportation by operating an aircraft that as originally 
designed has a passenger capacity of 30 or more seats. 
‘‘(c) SAVINGS PROVISION.—Nothing in this section may be con-
strued to modify, abridge, or repeal any obligation of an air carrier 
under section 42301.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 423 
of title 49, United States Code, is amended by adding at the end 
the following: 
‘‘42304. Widespread disruptions.’’. 
SEC. 429. PASSENGER RIGHTS. 
(a) GUIDELINES.—Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall require 
each covered air carrier to submit a summarized 1-page document 
that describes the rights of passengers in air transportation, 
including guidelines for the following: 
(1) Compensation (regarding rebooking options, refunds, 
meals, and lodging) for flight delays of various lengths. 
(2) Compensation (regarding rebooking options, refunds, 
meals, and lodging) for flight diversions. 
(3) Compensation (regarding rebooking options, refunds, 
meals, and lodging) for flight cancellations. 
(4) Compensation for mishandled baggage, including 
delayed, damaged, pilfered, or lost baggage. 
(5) Voluntary relinquishment of a ticketed seat due to 
overbooking or priority of other passengers. 
(6) Involuntary denial of boarding and forced removal for 
whatever reason, including for safety and security reasons. 
(b) FILING OF SUMMARIZED GUIDELINES.—Not later than 90 
days after each air carrier submits its guidelines to the Secretary 
under subsection (a), the air carrier shall make available such 
1-page document in a prominent location on its website. 
49 USC note 
prec. 42301. 
49 USC 
prec. 42301. 
49 USC 42304. 
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132 STAT. 3342 
PUBLIC LAW 115–254—OCT. 5, 2018 
Subtitle B—Aviation Consumers With 
Disabilities 
SEC. 431. AVIATION CONSUMERS WITH DISABILITIES STUDY. 
(a) STUDY.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall 
conduct a study that includes— 
(1) a review of airport accessibility best practices for 
individuals with disabilities, including best practices that 
improve infrastructure facilities and communications methods, 
including those related to wayfinding, amenities, and passenger 
care; 
(2) a review of air carrier and airport training policies 
related to section 41705 of title 49, United States Code; 
(3) a review of air carrier training policies related to prop-
erly 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 Comp-
troller General initiates the study under subsection (a), the Comp-
troller 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 Compli-
ance Board, in consultation with the Secretary of Transportation, 
aircraft manufacturers, air carriers, and disability advocates, shall 
conduct a study to determine— 
(1) the feasibility of in-cabin wheelchair restraint systems; 
and 
(2) if feasible, the ways in which individuals with signifi-
cant disabilities using wheelchairs, including power wheel-
chairs, 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 commit-
tees 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. 
49 USC 41705 
note. 
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132 STAT. 3343 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 respon-
sibilities of covered air carriers, their employees and contractors, 
and people with disabilities under the section 41705 of title 49, 
United States Code. 
(b) CONTENT.—In developing the Airline Passengers with 
Disabilities Bill of Rights under subsection (a), the Secretary shall 
include, at a minimum, plain language descriptions of protections 
and responsibilities provided in law related to the following: 
(1) The right of passengers with disabilities to be treated 
with dignity and respect. 
(2) The right of passengers with disabilities to receive 
timely assistance, if requested, from properly trained covered 
air carrier and contractor personnel. 
(3) The right of passengers with disabilities to travel with 
wheelchairs, mobility aids, and other assistive devices, 
including 
necessary 
medications 
and 
medical 
supplies, 
including stowage of such wheelchairs, aids, and devices. 
(4) The right of passengers with disabilities to receive 
seating accommodations, if requested, to accommodate a dis-
ability. 
(5) The right of passengers with disabilities to receive 
announcements in an accessible format. 
(6) The right of passengers with disabilities to speak with 
a complaint resolution officer or to file a complaint with a 
covered air carrier or the Department of Transportation. 
(c) RULE OF CONSTRUCTION.—The development of the Airline 
Passengers with Disabilities Bill of Rights under subsections (a) 
and (b) shall not be construed as expanding or restricting the 
rights available to passengers with disabilities on the day before 
the date of the enactment of this Act pursuant to any statute 
or regulation. 
(d) CONSULTATIONS.—In developing the Airline Passengers with 
Disabilities Bill of Rights under subsection (a), the Secretary of 
Transportation shall consult with stakeholders, including disability 
organizations and covered air carriers and their contractors. 
(e) DISPLAY.—Each covered air carrier shall include the Airline 
Passengers with Disabilities Bill of Rights— 
(1) on a publicly available internet website of the covered 
air carrier; and 
(2) in any pre-flight notifications or communications pro-
vided 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 Sec-
retary 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— 
49 USC 41705 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(1) the aviation industry and every relevant stakeholder 
must work to ensure that every individual who experiences 
a disability has equal access to air travel; 
(2) as technology and ease of travel continue to advance, 
accessibility must be a priority; and 
(3) accommodations must— 
(A) extend to every airport and service or facility of 
an air carrier; and 
(B) be inclusive of every disability. 
SEC. 436. CIVIL PENALTIES RELATING TO HARM TO PASSENGERS WITH 
DISABILITIES. 
Section 46301(a) of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(7) PENALTIES RELATING
TO HARM
TO PASSENGERS WITH 
DISABILITIES.— 
‘‘(A) PENALTY FOR BODILY HARM OR DAMAGE TO WHEELCHAIR 
OR OTHER MOBILITY AID.—The amount of a civil penalty assessed 
under this section for a violation of section 41705 that involves 
damage to a passenger’s wheelchair or other mobility aid or 
injury to a passenger with a disability may be increased above 
the otherwise applicable maximum amount under this section 
for a violation of section 41705 to an amount not to exceed 
3 times the maximum penalty otherwise allowed. 
‘‘(B) EACH ACT CONSTITUTES SEPARATE OFFENSE.—Notwith-
standing 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 con-
duct a rulemaking proceeding— 
(1) to define the term ‘‘service animal’’ for purposes of 
air transportation; and 
(2) to develop minimum standards for what is required 
for service and emotional support animals carried in aircraft 
cabins. 
(b) CONSIDERATIONS.—In conducting the rulemaking under sub-
section (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, docu-
mentation indicating the mitigating task or tasks a service 
animal provides to its owner; and 
(D) whether to allow a passenger to be accompanied 
by more than 1 service animal; 
(3) reasonable measures to ensure the safety of all pas-
sengers, such as— 
49 USC 41705 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(A) whether to require health and vaccination records 
for a service animal; and 
(B) whether to require third-party proof of behavioral 
training for a service animal; 
(4) the impact additional requirements on service animals 
could have on access to air transportation for passengers with 
disabilities; and 
(5) if impacts on access to air transportation for passengers 
with disabilities are found, ways to eliminate or mitigate those 
impacts. 
(c) FINAL RULE.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall issue a final rule 
pursuant to the rulemaking conducted under this section. 
SEC. 438. REVIEW OF PRACTICES FOR TICKETING, PRE-FLIGHT SEAT 
ASSIGNMENTS, AND STOWING OF ASSISTIVE DEVICES FOR 
PASSENGERS WITH DISABILITIES. 
(a) REVIEW.— 
(1) IN GENERAL.—Not later than 30 days after the first 
meeting of the advisory committee on the air travel needs 
of passengers with disabilities established in section 439 
(referred to in this section as the ‘‘Advisory Committee’’), the 
Secretary of Transportation shall direct the Advisory Com-
mittee to review current regulations with respect to practices 
for ticketing, pre-flight seat assignments, and stowing of 
assistive devices for passengers with disabilities. 
(2) RECOMMENDATIONS.—In carrying out the review under 
paragraph (1), the Advisory Committee shall, at a minimum, 
provide recommendations on whether current regulations 
should be modified or prescribed to— 
(A) provide accommodations for passengers with 
disabilities, if requested, in ticketing and pre-flight assign-
ments; 
(B) require covered air carriers to provide priority 
access to bulkhead seating to passengers with disabilities 
who need access to features of those seats due to disabilities 
regardless of class of service of ticket purchased; and 
(C) ensure passengers with disabilities are able to stow 
assistive devices without cost. 
(b) REPORT.—Not later than 6 months after the date of their 
first meeting, the Advisory Committee shall submit to the Secretary 
of Transportation and the appropriate committees of Congress a 
report on the review conducted under subsection (a)(1), including 
the recommendations developed under subsection (a)(2). 
SEC. 439. ADVISORY COMMITTEE ON THE AIR TRAVEL NEEDS OF PAS-
SENGERS 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 activi-
ties of the Department of Transportation are addressing the 
barriers identified in paragraph (1); 
49 USC 41705 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 nec-
essary to carry out this section. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.—The Advisory Committee shall be com-
posed of at least 1 representative of each of the following 
groups: 
(A) Passengers with disabilities. 
(B) National disability organizations. 
(C) Air carriers. 
(D) Airport operators. 
(E) Contractor service providers. 
(F) Aircraft manufacturers. 
(G) Wheelchair manufacturers. 
(H) National veterans organizations representing dis-
abled 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 des-
ignate, from among the members appointed under subsection (c), 
an individual to serve as chairperson of the Advisory Committee. 
(e) TRAVEL EXPENSES.—Members of the Advisory Committee 
shall serve without pay, but shall receive travel expenses, including 
per diem in lieu of subsistence, in accordance with subchapter 
I of chapter 57 of title 5, United States Code. 
(f) REPORTS.— 
(1) IN GENERAL.—Not later than 14 months after the date 
of establishment of the Advisory Committee, and annually 
thereafter, the Advisory Committee shall submit to the Sec-
retary 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 bar-
riers that will likely be an issue in the next 5 calendar 
years; 
(B) an evaluation of the extent to which the Depart-
ment of Transportation’s programs and activities are elimi-
nating 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, administra-
tive action, or other action that the Advisory Committee 
considers appropriate. 
(2) REPORT TO CONGRESS.—Not later than 60 days after 
the date the Secretary receives the report under paragraph 
(1), the Secretary shall submit to the appropriate committees 
of Congress a copy of the report, including any additional 
findings or recommendations that the Secretary considers 
appropriate. 
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132 STAT. 3347 
PUBLIC LAW 115–254—OCT. 5, 2018 
(g) TERMINATION.—The Advisory Committee established under 
this section shall terminate on September 30, 2023. 
(h) TERMINATION OF THE NEXT GENERATION AIR TRANSPOR-
TATION 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 Com-
mittee. 
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 assist-
ance while traveling in air transportation receive dignified, 
timely, and effective assistance at airports and on aircraft 
from trained personnel; and 
(2) review, and if necessary revise, applicable regulations 
related to covered air carrier training programs for air carrier 
personnel, including contractors, who provide physical assist-
ance 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 sub-
section (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 effec-
tive not later than 60 days after the date of enactment of this 
Act. 
Subtitle C—Small Community Air Service 
SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION. 
(a) IN GENERAL.—Section 41742(a)(2) of title 49, United States 
Code, is amended by striking ‘‘$150,000,000 for fiscal year 2011’’ 
and all that follows before ‘‘to carry out’’ and inserting ‘‘$155,000,000 
for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000 
for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000 
for fiscal year 2022, and $172,000,000 for fiscal year 2023’’. 
(b) SEASONAL SERVICE.—The Secretary of Transportation may 
consider the flexibility of current operational dates and airport 
accessibility to meet local community needs when issuing requests 
for proposal of essential air service at seasonal airports. 
49 USC 41733 
note. 
49 USC 41705 
note. 
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132 STAT. 3348 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 452. STUDY ON ESSENTIAL AIR SERVICE REFORM. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General of the United 
States shall conduct a study on the effects of section 6 of 
the Airport and Airway Extension Act of 2011, Part IV (Public 
Law 112–27), section 421 of the FAA Modernization and Reform 
Act of 2012 (Public Law 112–95), and other relevant Federal 
laws enacted after 2010, including the amendments made by 
those laws, on the Essential Air Service program. 
(2) SCOPE.—In conducting the study under paragraph (1), 
the Comptroller General shall analyze, at a minimum— 
(A) the impact of each relevant Federal law, including 
the amendments made by each law, on the Essential Air 
Service program; 
(B) what actions communities and air carriers have 
taken to reduce ticket prices or increase enplanements 
as a result of each law; 
(C) the issuance of waivers by the Secretary under 
section 41731(e) of title 49, United States Code; 
(D) whether budgetary savings resulted from each law; 
and 
(E) options for further reform of the Essential Air 
Service program. 
(b) REQUIRED ANALYSIS ON COMMUNITIES.—In carrying out sub-
section (a)(2)(E) the Comptroller General shall include, for each 
option for further reform, an analysis of the impact on local econo-
mies 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 enact-
ment of this Act, the Comptroller General shall submit to the 
appropriate committees of Congress a report on the results of the 
study conducted under subsection (a). 
SEC. 453. AIR TRANSPORTATION TO NONELIGIBLE PLACES. 
(a) DEFINITIONS.—Section 41731(a)(1)(A)(ii) of title 49, United 
States Code, is amended by striking ‘‘Wendell H. Ford Aviation 
Investment and Reform Act for the 21st Century,’’ and inserting 
‘‘FAA Extension, Safety, and Security Act of 2016 (Public Law 
114–190),’’. 
(b) PROGRAM SUNSET.—Section 41736 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(h) SUNSET.— 
‘‘(1) PROPOSALS.—No proposal under subsection (a) may 
be accepted by the Secretary after the date of enactment of 
this subsection. 
‘‘(2) PROGRAM.—The Secretary may not provide any com-
pensation 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 enact-
ment of this Act, the inspector general of the Department of 
Transportation shall conduct and complete a review of orders issued 
by the Department of Transportation from 2005 through the date 
of enactment of this Act to determine whether the carriers providing 
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132 STAT. 3349 
PUBLIC LAW 115–254—OCT. 5, 2018 
unsubsidized service provided basic essential air service, and 
whether the Department conducted sufficient oversight of carriers 
providing unsubsidized service to ensure air service quality and 
community satisfaction. 
(b) CONTENTS.—The review shall include, at a minimum— 
(1) a review of the Department’s efforts to communicate 
to the community served by the unsubsidized carrier on any 
material air service changes; and 
(2) a review of the Department’s efforts to closely monitor 
the quality of air service provided by the unsubsidized carrier 
and request proposals for basic essential air service if necessary. 
(c) REPORT.—Not later than 30 days after the date of completion 
of the review, the inspector general shall submit to the appropriate 
committees of Congress a report on the results of the review. 
SEC. 455. SMALL COMMUNITY AIR SERVICE. 
(a) ELIGIBILITY.—Section 41743(c) of title 49, United States 
Code, is amended— 
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) SIZE.—On the date of submission of the relevant 
application under subsection (b), the airport serving the commu-
nity or consortium— 
‘‘(A) is not larger than a small hub airport, as deter-
mined 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 subpara-
graph (C), no community, consortia of communities, or com-
bination 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 combina-
tion thereof may apply, subsequent to such participation, 
to participate in the program in support of a different 
project at any time. 
‘‘(C) EXCEPTION.—The Secretary may waive the limita-
tion 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 chal-
lenges, 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 sched-
uled 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 
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132 STAT. 3350 
PUBLIC LAW 115–254—OCT. 5, 2018 
the following: ‘‘The Secretary may amend the scope of a grant 
agreement at the request of the community or consortium and 
any participating air carrier, and may limit the scope of a grant 
agreement to only the elements using grant assistance or to only 
the elements achieved, if the Secretary determines that the amend-
ment 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 author-
ized 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 Reauthor-
ization Act (49 U.S.C. 41731 note) is amended by striking ‘‘2018’’ 
and inserting ‘‘2023’’. 
SEC. 458. REDUCTION IN SUBSIDY-PER-PASSENGER. 
Section 426 of the FAA Modernization and Reform Act of 2012 
(126 Stat. 98) is amended by adding at the end the following: 
‘‘(d) REDUCTION IN SUBSIDY-PER-PASSENGER.— 
‘‘(1) IN GENERAL.—The Secretary shall waive application 
of the subsidy-per-passenger cap described under subsection 
(c) if the Secretary finds that the community’s subsidy-per- 
passenger for a fiscal year is lower than the subsidy-per-pas-
senger for any of the 3 previous fiscal years. 
‘‘(2) EXCEPTION.—The Secretary shall waive application of 
the subsidy-per-passenger cap if the subsidy-per-passenger for 
a fiscal year is less than 10 percent higher than the highest 
subsidy-per-passenger from any of the 3 previous fiscal years. 
The Secretary may only waive application of the subsidy-per- 
passenger cap under this paragraph once per community. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to limit the Secretary’s ability under sub-
section (c) to waive application of the subsidy-per-passenger 
cap.’’. 
TITLE V—MISCELLANEOUS 
SEC. 501. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ADMINISTRATION.—The term ‘‘Administration’’ means 
the Federal Aviation Administration. 
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the FAA. 
49 USC 40101 
note. 
49 USC 41731 
note. 
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132 STAT. 3351 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 appro-
priate committees of Congress a report describing the multiyear 
effort of the Administration to modernize the air transportation 
system (in this section referred to as the ‘‘modernization effort’’), 
including— 
(1) the number of years that the modernization effort has 
been underway as of the date of the report; 
(2) the total amount of money expended on the moderniza-
tion effort as of the date of the report (including a description 
of how that amount was calculated); 
(3) the net present value of the benefits reported from 
aircraft operators resulting from the money expended on the 
modernization effort as of the date of the report; 
(4) a definition for NextGen, including a description of 
any changes to that definition that occurred between 2003 
and the date of the report; 
(5) the net present value of the money expended on 
NextGen as of the date of the report if such money had been 
deposited into a Government trust fund instead of being 
expended on NextGen; 
(6) a description of the benefits promised and benefits 
delivered with respect to NextGen as of the date of the report; 
(7) any changes to the benefits promised with respect to 
NextGen between the date on which NextGen began and the 
date of the report; 
(8) a description of each program or project that comprises 
NextGen, including— 
(A) when the program or project was initiated; 
(B) the total budget for the program or project; 
(C) the initial budget for the program or project; 
(D) the acquisition program baseline for the program 
or project; 
(E) whether the program or project has ever breached 
the acquisition program baseline and, if so, a description 
of when, why, and how the breach was resolved; 
(F) whether the program or project has been re- 
baselined or divided into smaller segments and, if so, a 
description of when, why, and the impact to the cost of 
the program or project; 
(G) the initial schedule for the program or project; 
(H) whether the program or project was delayed and, 
if so, a description of how long, why, and the impact to 
the cost of the program or project; 
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132 STAT. 3352 
PUBLIC LAW 115–254—OCT. 5, 2018 
(I) whether the Administration changed any contract 
term or deliverable for the program or project and, if so, 
a description of the change, why it happened, and the 
impact to the cost of the program or project; 
(J) benefits promised with respect to the program or 
project at initiation; 
(K) benefits delivered with respect to the program or 
project as of the date of the report; 
(L) whether the program or project was cancelled and, 
if so, a description of why and when; 
(M) for cancelled programs or projects, whether there 
were any costs associated with the decision to cancel and, 
if so, a description of the amount of the costs (including 
for both the Administration and the private sector); 
(N) the metrics, milestones, and deadlines set for the 
program or project and how the Administration tracked 
and ensured compliance with those metrics, milestones, 
and deadlines; 
(O) how the Administration conducted oversight of the 
program or project and any related stakeholder collabora-
tion efforts; 
(P) the status of the program or project as of the 
date of the report; and 
(Q) an assessment of the key risks to the full 
implementation of the program and a description of how 
the Administration is mitigating, or plans to mitigate, those 
risks; 
(9) the date upon which, or milestone by which, the 
Administration anticipates NextGen will be complete; and 
(10) any lessons learned during the NextGen effort, and 
whether, how, and to what effect those lessons have been 
applied. 
(b) INSPECTOR GENERAL REPORT.—Not later than 270 days 
after the date on which the report required under subsection (a) 
is submitted, the inspector general of the Department of Transpor-
tation shall review the report and submit to the appropriate commit-
tees 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 informa-
tion reported; 
(3) summarizes concerns raised by the inspector general, 
the Government Accountability Office, and other sources with 
respect to the Administration’s implementation and oversight 
of NextGen since the date on which NextGen began; 
(4) describes— 
(A) any pertinent recommendations made by the 
inspector 
general 
related 
to 
the 
Administration’s 
implementation and oversight of NextGen since the date 
on which NextGen began; and 
(B) whether and how the Administration addressed 
the recommendations; and 
(5) provides any other information that the inspector gen-
eral determines is appropriate. 
SEC. 503. RETURN ON INVESTMENT REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, and annually thereafter until the date that each 
49 USC 40101 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
NextGen program has a positive return on investment, the Adminis-
trator shall submit to the appropriate committees of Congress a 
report on the status of each NextGen program, including the most 
recent NextGen priority list under subsection (c). 
(b) CONTENTS.—The report under subsection (a) shall include, 
for each NextGen program— 
(1) an estimate of the date the program will have a positive 
return on investment; 
(2) an explanation for any delay in the delivery of expected 
benefits from previously published estimates on delivery of 
such benefits, in implementing or utilizing the program; 
(3) an estimate of the completion date; 
(4) an assessment of the long-term and near-term user 
benefits of the program for— 
(A) the Federal Government; and 
(B) the users of the national airspace system; and 
(5) a description of how the program directly contributes 
to a safer and more efficient air traffic control system. 
(c) NEXTGEN PRIORITY LIST.—Based on the assessment under 
subsection (a), the Administrator shall— 
(1) develop, in coordination with the NextGen Advisory 
Committee and considering the need for a balance between 
long-term and near-term user benefits, a prioritization of the 
NextGen programs; 
(2) annually update the priority list under paragraph (1); 
and 
(3) prepare budget submissions to reflect the current status 
of NextGen programs and projected returns on investment for 
each NextGen program. 
(d) DEFINITION OF RETURN ON INVESTMENT.—In this section, 
the term ‘‘return on investment’’ means the cost associated with 
technologies that are required by law or policy as compared to 
the financial benefits derived from such technologies by a govern-
ment or a user of airspace. 
(e) REPEAL OF NEXTGEN PRIORITIES.—Section 202 of the FAA 
Modernization and Reform Act of 2012 (Public Law 112–95; 49 
U.S.C. 40101 note) and the item relating to that section in the 
table of contents under section 1(b) of that Act are repealed. 
SEC. 504. AIR TRAFFIC CONTROL OPERATIONAL CONTINGENCY PLANS. 
(a) AIR TRAFFIC CONTROL OPERATIONAL CONTINGENCY PLANS.— 
Not later than 1 year after the date of enactment of this Act, 
the Administrator shall review the Administration’s air traffic con-
trol 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 rec-
ommendations 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 
49 USC 40103 
note. 
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as the Administrator considers appropriate, the Administrator shall 
convene NextGen program officials to evaluate, expedite, and com-
plete a report on how planned NextGen capabilities can enhance 
the resiliency and continuity of national airspace system operations 
and mitigate the impact of future air traffic control disruptions. 
SEC. 505. 2020 ADS-B OUT MANDATE PLAN. 
The Administrator, in collaboration with the NextGen Advisory 
Committee, shall— 
(1) not later than 90 days after the date of enactment 
of this Act— 
(A) identify any known and potential barriers to 
compliance with the 2020 ADS–B Out mandate under sec-
tion 91.225 of title 14, Code of Federal Regulations; 
(B) develop a plan to address the known barriers identi-
fied 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 sub-
mitted under paragraph (1), submit to the appropriate commit-
tees of Congress a report on the progress made toward meeting 
the 2020 ADS–B Out mandate. 
SEC. 506. SECURING AIRCRAFT AVIONICS SYSTEMS. 
(a) IN GENERAL.—The Administrator shall consider, where 
appropriate, revising Federal Aviation Administration regulations 
regarding airworthiness certification— 
(1) to address cybersecurity for avionics systems, including 
software components; and 
(2) to require that aircraft avionics systems used for flight 
guidance or aircraft control be secured against unauthorized 
access via passenger in-flight entertainment systems through 
such means as the Administrator determines appropriate to 
protect the avionics systems from unauthorized external and 
internal access. 
(b) CONSIDERATION.—In carrying out subsection (a), the 
Administrator shall consider the recommendations of the Aircraft 
Systems Information Security Protection Working Group under sec-
tion 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 proce-
dural and airspace implications of stated goals and associated 
technical changes; and 
(2) ensure that a human factors specialist, separate from 
the research and certification groups, is directly involved with 
the NextGen approval process. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall submit to the appropriate 
49 USC 40101 
note. 
49 USC 44704 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
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 enact-
ment of this Act, the Administrator shall initiate a review of the 
comprehensive and strategic framework of principles and policies 
(referred to in this section as the ‘‘framework’’) developed pursuant 
to section 2111 of the FAA Extension, Safety, and Security Act 
of 2016 (49 U.S.C. 44903 note). 
(b) CONTENTS.—In undertaking the review under subsection 
(a), the Administrator shall— 
(1) assess the degree to which the framework identifies 
and addresses known cybersecurity risks associated with the 
aviation system; 
(2) review existing short- and long-term objectives for 
addressing cybersecurity risks to the national airspace system; 
and 
(3) assess the Administration’s level of engagement and 
coordination with aviation stakeholders and other appropriate 
agencies, organizations, or groups with which the Administra-
tion 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 initi-
ating 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 modifica-
tions made to the framework. 
SEC. 510. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND 
FACILITIES. 
(a) PURPOSE AND INPUT.—Section 804(a) of the FAA Moderniza-
tion 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 Adminis-
trator (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— 
49 USC 44903 
note. 
49 USC 40101 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following: 
‘‘(e) MILITARY OPERATIONS EXCLUSION.— 
‘‘(1) IN GENERAL.—The Administrator may not realign or 
consolidate a combined TRACON and tower with radar facility 
of the FAA under this section if, in 2015, the total annual 
military operations at the facility comprised at least 40 percent 
of the total annual TRACON operations at the facility. 
‘‘(2) TRACON DEFINED.—In this subsection, the term 
‘TRACON’ means terminal radar approach control.’’. 
SEC. 511. FAA REVIEW AND REFORM. 
(a) AGENCY REPORT.—Not later than 60 days after the date 
of enactment of this Act, the Administrator shall submit to the 
appropriate committees of Congress a detailed analysis of any 
actions taken to address the findings and recommendations included 
in the report required under section 812(d) of the FAA Moderniza-
tion 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 expe-
dited and efficient manner; and 
(5) reforming or eliminating ineffectual or outdated policies. 
(b) ADDITIONAL REVIEW.—Not later than 18 months after the 
date of enactment of this Act, the Administrator shall undertake 
and complete a thorough review of each program, office, and 
organization within the Administration to identify— 
(1) duplicative positions, programs, roles, or offices; 
(2) wasteful practices; 
(3) redundant, obsolete, or unnecessary functions; 
(4) inefficient processes; and 
(5) ineffectual or outdated policies. 
(c) ACTIONS TO STREAMLINE AND REFORM FAA.—Not later than 
60 days after the date of completion of the review under subsection 
(b), the Administrator shall undertake such actions as may be 
necessary to address the findings of the Administrator under such 
subsection. 
(d) REPORT TO CONGRESS.—Not later than 120 days after the 
date of completion of the review under subsection (b), the Adminis-
trator shall submit to the appropriate committees of Congress a 
report on the actions taken by the Administrator pursuant to sub-
section (c), including any recommendations for legislative or 
administrative actions. 
SEC. 512. AIR SHOWS. 
On an annual basis, the Administrator shall work with rep-
resentatives of Administration-approved air shows, the general avia-
tion 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 
49 USC 40103 
note. 
49 USC 106 note. 
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132 STAT. 3357 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) any other restriction will be imposed pursuant to Fed-
eral Aviation Administration Flight Data Center Notice to Air-
men 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 Govern-
ment to— 
(1) conduct an assessment of the FAA oversight and 
authorization processes and requirements for aircraft under 
part 91; and 
(2) make recommendations to streamline the applicable 
authorization and approval processes, improve safety, and 
reduce regulatory cost burdens and delays for the FAA and 
aircraft owners and operators who operate pursuant to part 
91. 
(b) CONTENTS.—In conducting the assessment and making rec-
ommendations 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 dead-
lines are missed by the FAA; 
(4) methods for enhancing the effective use of delegation 
systems; 
(5) methods for training the FAA’s field office employees 
in risk-based and safety management system oversight; and 
(6) such other matters related to streamlining part 91 
authorization and approval processes as the task force considers 
appropriate. 
(c) REPORT TO CONGRESS.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report on the results 
of the task force’s assessment. 
(2) CONTENTS.—The report shall include an explanation 
of how the Administrator will— 
(A) implement the recommendations of the task force; 
(B) measure progress in implementing the rec-
ommendations; and 
(C) measure the effectiveness of the implemented rec-
ommendations. 
(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. 
49 USC 40101 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(f) APPLICABLE LAW.—Public Law 92–463 shall not apply to 
the task force. 
(g) SUNSET.—The task force shall terminate on the day the 
Administrator submits the report required under subsection (c). 
SEC. 514. AIRCRAFT LEASING. 
Section 44112(b) of title 49, United States Code, is amended— 
(1) by striking ‘‘on land or water’’; and 
(2) by inserting ‘‘operational’’ before ‘‘control’’. 
SEC. 515. PILOTS SHARING FLIGHT EXPENSES WITH PASSENGERS. 
(a) GUIDANCE.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall make publicly 
available, in a clear and concise format, advisory guidance 
that describes how a pilot may share flight expenses with 
passengers in a manner consistent with Federal law, including 
regulations. 
(2) EXAMPLES
INCLUDED.—The guidance shall include 
examples of— 
(A) flights for which pilots and passengers may share 
expenses; 
(B) flights for which pilots and passengers may not 
share expenses; 
(C) the methods of communication that pilots and pas-
sengers may use to arrange flights for which expenses 
are shared; and 
(D) the methods of communication that pilots and pas-
sengers may not use to arrange flights for which expenses 
are shared. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
on which guidance is made publicly available under subsection 
(a), the Comptroller General of the United States shall submit 
to the appropriate committees of Congress a report analyzing 
Federal policy with respect to pilots sharing flight expenses 
with passengers. 
(2) EVALUATIONS INCLUDED.—The report submitted under 
paragraph (1) shall include an evaluation of— 
(A) the rationale for such Federal policy; 
(B) safety and other concerns related to pilots sharing 
flight expenses with passengers; and 
(C) benefits related to pilots sharing flight expenses 
with passengers. 
SEC. 516. TERMINAL AERODROME FORECAST. 
(a) IN GENERAL.—The Administrator shall permit a covered 
air carrier to operate to or from a location in a noncontiguous 
State without a Terminal Aerodrome Forecast or Meteorological 
Aerodrome Report if— 
(1) such location is determined to be under visual meteoro-
logical 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— 
49 USC 44720 
note. 
49 USC 40101 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 noncontig-
uous State under part 121 of title 14, Code of Federal Regulations. 
SEC. 517. PUBLIC AIRCRAFT ELIGIBLE FOR LOGGING FLIGHT TIMES. 
The Administrator shall issue regulations modifying section 
61.51(j)(4) of title 14, Code of Federal Regulations, so as to include 
aircraft under the direct operational control of forestry and fire 
protection agencies as public aircraft eligible for logging flight times. 
SEC. 518. AIRCRAFT REGISTRY OFFICE. 
The Administrator shall designate employees at the Aircraft 
Registry Office in Oklahoma City, Oklahoma, as excepted employees 
in the event of a shutdown or emergency furlough to ensure that 
the office remains open for the duration of the lapse in Federal 
Government appropriations to the Federal Aviation Administration. 
SEC. 519. FAA DATA TRANSPARENCY. 
Section 45303 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(g) DATA TRANSPARENCY.— 
‘‘(1) AIR TRAFFIC SERVICES INITIAL DATA REPORT.— 
‘‘(A) INITIAL REPORT.—Not later than 6 months after 
the date of enactment of the FAA Reauthorization Act 
of 2018, the Administrator and the Chief Operating Officer 
of the Air Traffic Organization shall, based upon the most 
recently available full fiscal year data, complete the fol-
lowing calculations for each segment of air traffic services 
users: 
‘‘(i) The total costs allocable to the use of air traffic 
services for that segment during such fiscal year. 
‘‘(ii) The total revenues received from that segment 
during such fiscal year. 
‘‘(B) VALIDATION OF MODEL.— 
‘‘(i) REVIEW AND DETERMINATION.—Not later than 
3 months after completion of the initial report required 
under subparagraph (A), the inspector general of the 
Department of Transportation shall review and deter-
mine the validity of the model used by the Adminis-
trator 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— 
49 USC 44703 
note. 
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132 STAT. 3360 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(I) the inspector general shall provide the 
Administrator and Chief Operating Officer rec-
ommendations on how to revise the model; 
‘‘(II) the Administrator and the Chief Oper-
ating 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 gen-
eral of the Department of Transportation with unfet-
tered access to all data produced by the cost accounting 
system operated and maintained pursuant to sub-
section (e). 
‘‘(C) REPORT TO CONGRESS.—Not later than 60 days 
after completion of the review and receiving a determina-
tion that the model used is valid under subparagraph (B), 
the Administrator and the Chief Operating Officer shall 
submit to the Committee on Transportation and Infrastruc-
ture, 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 pub-
lish 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 Adminis-
trator and the Chief Operating Officer shall, using the 
validated model, complete the following calculations for 
each segment of air traffic services users for the most 
recent full fiscal year: 
‘‘(i) The total costs allocable to the use of the 
air traffic services for that segment. 
‘‘(ii) The total revenues received from that seg-
ment. 
‘‘(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 Rep-
resentatives, and the Committee on Commerce, Science, 
and Transportation, the Committee on Appropriations, and 
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132 STAT. 3361 
PUBLIC LAW 115–254—OCT. 5, 2018 
the Committee on Finance of the Senate a report containing 
the results of such calculations. 
‘‘(C) PUBLICATION.—Not later than 60 days after com-
pleting the calculations pursuant to subparagraph (A), the 
Administrator and the Chief Operating Officer shall pub-
lish the results of such calculations. 
‘‘(3) SEGMENTS OF AIR TRAFFIC SERVICES USERS.— 
‘‘(A) IN GENERAL.—For purposes of this subsection, each 
of the following shall constitute a separate segment of 
air traffic services users: 
‘‘(i) Passenger air carriers conducting operations 
under part 121 of title 14, Code of Federal Regulations. 
‘‘(ii) All-cargo air carriers conducting operations 
under part 121 of such title. 
‘‘(iii) Operators covered by part 125 of such title. 
‘‘(iv) Air carriers and operators of piston-engine 
aircraft operating under part 135 of such title. 
‘‘(v) Air carriers and operators of turbine-engine 
aircraft operating under part 135 of such title. 
‘‘(vi) Foreign air carriers providing passenger air 
transportation. 
‘‘(vii) Foreign air carriers providing all-cargo air 
transportation. 
‘‘(viii) Operators of turbine-engine aircraft oper-
ating under part 91 of such title, excluding those oper-
ating 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 iden-
tify and include additional segments of air traffic users 
under subparagraph (A) as revenue and air traffic services 
cost data become available for that additional segment 
of air traffic services users. 
‘‘(4) DEFINITIONS.—For purposes of this subsection: 
‘‘(A) AIR TRAFFIC SERVICES.—The term ‘air traffic serv-
ices’ 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 
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132 STAT. 3362 
PUBLIC LAW 115–254—OCT. 5, 2018 
Federal Aviation Administration within United States air-
space 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 Administra-
tion; 
(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 Administra-
tion facility; 
(B) making such letters of agreement available to the 
Associate Administrator for Commercial Space Transpor-
tation; 
(C) ensuring that a facility that has entered into such 
a letter of agreement is aware of and fulfills its responsibil-
ities under the letter; and 
(D) liaising between the Air Traffic Organization and 
the 
Associate 
Administrator 
for 
Commercial 
Space 
Transportation on any matter relating to such a letter 
of agreement; and 
(4) requires the Associate Administrator for Commercial 
Space Transportation to facilitate, upon the request of a launch 
license or permit holder— 
(A) coordination between a launch license and permit 
holder and the Air Traffic Organization; and 
(B) the negotiation of letters of agreement between 
a launch license or permit holder and a Federal Aviation 
Administration facility or the Air Traffic Organization. 
SEC. 521. ADMINISTRATIVE SERVICES FRANCHISE FUND. 
(a) IN GENERAL.—Not later than 30 days after the date of 
enactment of this section, the inspector general of the Department 
of Transportation shall initiate an audit of the Administrative Serv-
ices Franchise Fund of the FAA (in this section referred to as 
the ‘‘Franchise Fund’’). 
(b) CONSIDERATIONS.—In conducting the audit pursuant to sub-
section (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; 
49 USC 40113 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(B) the number of employees, including full-time 
equivalents and contractors, associated with each program, 
service, or activity; 
(C) the costs associated with the employees described 
in subparagraph (B) and the extent to which such costs 
are covered by Federal appropriations or Franchise Fund 
revenue; 
(D) the revenue, expenses, and profits or losses associ-
ated with each program, service, or activity; 
(E) overhead rates associated with each program, 
service, or activity; and 
(F) a breakdown of the revenue collected from services 
provided to the FAA, Department of Transportation, other 
Federal entities, and non-Federal entities; 
(3) assess the FAA’s governance and oversight of the Fran-
chise Fund and the programs, service, and activities that use 
the Franchise Fund, including the use of internal and publicly 
available performance metrics; 
(4) evaluate the current and historical unobligated and 
unexpended balances of the Franchise Fund; and 
(5) assess the degree to which FAA policies and controls 
associated with the Franchise Fund conform with generally 
accepted accounting principles, Federal policies, best practices, 
or other guidance relating to revolving funds. 
(c) REPORT.—Not later than 180 days after the date of initiation 
of the audit described in subsection (a), the inspector general shall 
submit to the appropriate committees of Congress a report on 
the results of the audit, including findings and recommendations. 
SEC. 522. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST. 
(a) REPEAL.—Subsection (b) of section 211 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 40101 note) is 
repealed. 
(b) REQUIREMENT.—The Administrator shall ensure that any 
regulation issued pursuant to such subsection has no force or effect. 
SEC. 523. CONTRACT WEATHER OBSERVERS. 
Section 2306(b) of the FAA Extension, Safety, and Security 
Act of 2016 (Public Law 114–190; 130 Stat. 641) is amended by 
striking ‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 524. REGIONS AND CENTERS. 
(a) IN GENERAL.—Section 44507 of title 49, United States Code, 
is amended— 
(1) by striking the section heading and inserting ‘‘Regions 
and centers’’; 
(2) by striking ‘‘The Civil Aeromedical Institute’’ and 
inserting the following: 
‘‘(a) CIVIL AEROMEDICAL INSTITUTE.—The Civil Aeromedical 
Institute’’; and 
(3) by adding at the end the following: 
‘‘(b) WILLIAM J. HUGHES TECHNICAL CENTER.—The Secretary 
of Transportation shall define the roles and responsibilities of the 
William J. Hughes Technical Center in a manner that is consistent 
with the defined roles and responsibilities of the Civil Aeromedical 
Institute under subsection (a).’’. 
49 USC 40101 
note. 
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132 STAT. 3364 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 prac-
tices, including the use of geosynthetic materials and other innova-
tive technologies, in carrying out the activities of the Federal Avia-
tion Administration. 
SEC. 526. NATIONAL AIRMAIL MUSEUM. 
(a) FINDINGS.—Congress finds that— 
(1) in 1930, commercial airmail carriers began operations 
at Smith Field in Fort Wayne, Indiana; 
(2) the United States lacks a national museum dedicated 
to airmail; and 
(3) the airmail hangar at Smith Field in Fort Wayne, 
Indiana— 
(A) will educate the public on the role of airmail in 
aviation history; and 
(B) honor the role of the hangar in the history of 
the Nation’s airmail service. 
(b) DESIGNATION.— 
(1) IN GENERAL.—The airmail museum located at the Smith 
Field in Fort Wayne, Indiana, is designated as the ‘‘National 
Airmail Museum’’. 
(2) EFFECT OF DESIGNATION.—The national museum des-
ignated 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 agree-
ment between the FAA and the Little Rock Port Authority to 
relocate the Little Rock Very High Frequency Omnidirectional 
Range with Collocated Tactical Air Control and Navigation (LIT 
VORTAC). 
(b) BRIEFING CONTENTS.—The briefing required under sub-
section (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 loca-
tion radius. 
(5) A description of work completed by the Federal Aviation 
Administration as of the date of the briefing. 
49 USC 40101 
note. 
49 USC 
prec. 44501. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 528. BRIEFING ON AIRCRAFT DIVERSIONS FROM LOS ANGELES 
INTERNATIONAL AIRPORT TO HAWTHORNE MUNICIPAL 
AIRPORT. 
Not later than 1 year after the date of the enactment of this 
Act, the Administrator shall provide a briefing to appropriate 
committees of Congress on diversions of aircraft from Los Angeles 
International Airport to Hawthorne Municipal Airport, also known 
as Jack Northrop Field, in the City of Hawthorne, California. This 
briefing shall cover at least the previous one-year period and include 
the total number of aircraft diversions, the average number of 
diversions per day, the types of aircraft diverted, and the reasons 
for the diversions. 
SEC. 529. TFR REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act (except as described in subsection (d)), the Adminis-
trator 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 rec-
ommendations 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 miti-
gating identified negative economic effects on airports or 
aviation-related businesses located or based in an area 
frequently covered by a temporary flight restriction; and 
(2) an analysis of the potential for using security procedures 
similar to those described in the Maryland Three Program 
(allowing properly vetted private pilots to fly to, from, or 
between the three general aviation airports closest to the 
National Capital Region) during temporary flight restrictions 
in the following airports: 
(A) Solberg Airport. 
(B) Somerset Airport. 
(C) Palm Beach County Park Airport (also known as 
Lantana Airport). 
(c) 
COLLABORATION.—In 
making 
the 
recommendations 
described in subsection (b), the Administrator shall consult with— 
(1) industry stakeholders; and 
(2) the head of any other agency that, in the Administrator’s 
determination, is a stakeholder agency. 
(d) SPECIAL DEADLINE.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall submit to the 
appropriate committees of Congress a report containing the results 
of the portion of the study described in subsection (b)(1)(A). 
SEC. 530. AIR TRAFFIC SERVICES AT AVIATION EVENTS. 
(a) REQUIREMENT
TO PROVIDE SERVICES
AND RELATED SUP-
PORT.—The Administrator shall provide air traffic services and avia-
tion safety support for large, multiday aviation events, including 
airshows and fly-ins, where the average daily number of manned 
49 USC 40103 
note. 
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132 STAT. 3366 
PUBLIC LAW 115–254—OCT. 5, 2018 
operations were 1,000 or greater in at least one of the preceding 
two years, without the imposition or collection of any fee, tax, 
or other charge for that purpose. Amounts for the provision of 
such services and support shall be derived from amounts appro-
priated or otherwise available for the Administration. 
(b) DETERMINATION OF SERVICES AND SUPPORT TO BE PRO-
VIDED.—In determining the services and support to be provided 
for an aviation event for purposes of subsection (a), the Adminis-
trator shall take into account the following: 
(1) The services and support required to meet levels of 
activity at prior events, if any, similar to the event. 
(2) The anticipated need for services and support at the 
event. 
SEC. 531. APPLICATION OF VETERANS’ PREFERENCE TO FEDERAL 
AVIATION ADMINISTRATION PERSONNEL MANAGEMENT 
SYSTEM. 
Section 40122(g)(2)(B) of title 49, United States Code, is 
amended— 
(1) by inserting ‘‘3304(f), to the extent consistent with the 
Federal Aviation Administration’s status as an excepted service 
agency,’’ before ‘‘3308–3320’’; and 
(2) by inserting ‘‘3330a, 3330b, 3330c, and 3330d,’’ before 
‘‘relating’’. 
SEC. 532. CLARIFICATION OF REQUIREMENTS FOR LIVING HISTORY 
FLIGHTS. 
(a) IN GENERAL.—Notwithstanding any other law or regulation, 
in administering sections 61.113(c), 91.9, 91.315, 91.319(a)(1), 
91.319(a)(2), 119.5(g), and 119.21(a) of title 14, Code of Federal 
Regulations (or any successor regulations), the Administrator shall 
allow an aircraft owner or operator to accept monetary or in- 
kind donations for a flight operated by a living history flight experi-
ence 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 require-
ments as a commercial flight. 
(b) CONDITIONS TO ENSURE PUBLIC SAFETY.—The Adminis-
trator, 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 authoriza-
tions applicable to the specific aircraft being flown to ensure the 
safety of flight operations described in subsection (a). 
(c) LIVING HISTORY FLIGHT EXPERIENCE PROVIDER DEFINED.— 
In this section, the term ‘‘living history flight experience provider’’ 
means an aircraft owner, aircraft operator, or organization that 
provides, arranges, or otherwise fosters living history flight experi-
ences for the purpose of fulfilling its mission. 
49 USC 44701 
note. 
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132 STAT. 3367 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 533. REVIEW AND REFORM OF FAA PERFORMANCE MANAGEMENT 
SYSTEM. 
(a) ESTABLISHMENT OF ADVISORY PANEL.—Not later than 90 
days after the date of enactment of this section, the Secretary 
of Transportation shall establish an advisory panel comprising no 
more than 7 independent, nongovernmental experts in budget, 
finance, or personnel management to review and evaluate the 
effectiveness of the FAA’s personnel management system and 
performance management program for employees not covered by 
collective bargaining agreements. 
(b) 
REVIEW, 
EVALUATION, 
AND
RECOMMENDATIONS.—The 
advisory panel shall, at a minimum— 
(1) review all appropriate FAA orders, policies, procedures, 
guidance, and the Human Resources Policy Manual; 
(2) review any applicable reports regarding FAA’s personnel 
management system, including reports of the Department of 
Transportation Office of Inspector General, Government 
Accountability Office, and National Academy of Public Adminis-
tration, 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, implementa-
tion of air traffic control modernization initiatives, and accom-
plishment of other FAA operational objectives; 
(7) identify the highest, lowest, and average complete com-
pensation for each position of employees not covered by collec-
tive bargaining agreements; 
(8) survey interested parties and stakeholders, including 
representatives of the aviation industry, for their views and 
recommendations regarding improvements to the FAA’s per-
sonnel management system and performance management pro-
gram; 
(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 per-
sonnel management system and performance management pro-
gram, 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 
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132 STAT. 3368 
PUBLIC LAW 115–254—OCT. 5, 2018 
its recommendations to the Secretary, the Administrator, the appro-
priate committees of Congress. 
(d) REPORT TO CONGRESS.—Not later than 3 months after sub-
mittal of the report pursuant to subsection (c), the Administrator 
shall transmit to the appropriate committees of Congress a report 
summarizing the findings of the advisory panel that— 
(1) contains an explanation of how the Administrator will 
implement the recommendations of the advisory panel and 
measure the effectiveness of the recommendations; and 
(2) specifies any recommendations that the Administrator 
will not implement and the reasons for not implementing such 
recommendations. 
(e) SUNSET.—The advisory panel shall terminate on the date 
that is 60 days after the transmittal of the report pursuant to 
subsection (d). 
SEC. 534. NEXTGEN DELIVERY STUDY. 
(a) STUDY.—Not later than 180 days after the enactment of 
this Act, the inspector general of the Department of Transportation 
shall initiate a study of the potential impacts of a significantly 
delayed, significantly diminished, or completely failed delivery of 
the Next Generation Air Transportation System modernization ini-
tiative 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 sub-
section (a), the inspector general shall assess the Administration’s 
performance related to the NextGen modernization initiative, 
including— 
(1) the potential impacts on the operational efficiency of 
our aviation system; 
(2) an analysis of potential economic losses and stranded 
investments directly related to NextGen; 
(3) an analysis of the potential impacts to our international 
competitiveness in aviation innovation; 
(4) an analysis of the main differences that would be seen 
in our air traffic control system; 
(5) the potential impacts on the flying public, including 
potential impacts to flight times, fares, and delays in the air 
and on the ground; 
(6) the effects on supply chains reliant on air transportation 
of cargo; 
(7) the potential impacts on the long-term benefits promised 
by NextGen; 
(8) an analysis of the potential impacts on aircraft noise 
and flight paths; 
(9) the potential changes in separation standards, fuel 
consumption, flight paths, block times, and landing procedures 
or lack thereof; 
(10) the potential impacts on aircraft taxi times and aircraft 
emissions or lack thereof; 
(11) a determination of the total potential costs and 
logistical challenges of the failure of NextGen, including a 
comparison of the potential loss of the return on public and 
private sector investment related to NextGen, as compared 
to other available investment alternatives, between December 
12, 2003, and the date of enactment of this Act; and 
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132 STAT. 3369 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Com-
merce, Science, and Transportation, Health, Education, Labor, 
and Pensions, and Appropriations of the Senate. 
SEC. 536. OXYGEN MASK DESIGN STUDY. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator shall conduct a study to review and evaluate 
the design and effectiveness of commercial aircraft oxygen masks. 
In conducting the study, the Administrator shall determine whether 
the current design of oxygen masks is adequate, and whether 
changes to the design could increase correct passenger usage of 
the masks. 
SEC. 537. AIR CARGO STUDY. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall begin a study of international air cargo services among the 
United States and Central American, South American, and Carib-
bean 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 Amer-
ican, and Caribbean Basin countries; and 
(B) African and European countries; 
(3) identifies the busiest routes in terms of cargo capacity 
and frequency of air service; 
(4) identifies any air carrier or foreign air carrier hubs 
in Central American, South American, and Caribbean Basin 
countries at which a significant amount of air cargo is sorted, 
handled, or consolidated for transportation to or from the 
United States; 
(5) identifies any air carrier or foreign air carrier hubs 
in the United States at which a significant amount of air 
cargo is sorted, handled, or consolidated for transportation to 
or from Central American, South American, and Caribbean 
Basin countries. 
(6) identifies any significant gaps in the air cargo services 
or cargo air carrier networks— 
(A) among the countries described in paragraph (2)(A); 
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132 STAT. 3370 
PUBLIC LAW 115–254—OCT. 5, 2018 
(B) between such countries and African countries; and 
(C) between such countries and European countries; 
and 
(7) assesses the possible impact of the establishment of 
an air carrier hub in Puerto Rico at which air cargo is sorted, 
handled, or consolidated for transportation to or from the 
United States, including the impact on— 
(A) the employment rate and economy of Puerto Rico; 
(B) domestic and foreign air transportation of cargo; 
(C) United States competitiveness in the air transpor-
tation 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 enact-
ment 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 TRANSPOR-
TATION 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 con-
sultation with the World Health Organization, develop a framework 
and guidance for the use of safe, effective, and nontoxic means 
of preventing the transportation of disease-carrying mosquitoes and 
other insects on commercial aircraft. 
SEC. 539. TECHNICAL CORRECTIONS. 
(a) AIRPORT CAPACITY ENHANCEMENT PROJECTS AT CONGESTED 
AIRPORTS.—Section 40104(c) of title 49, United States Code, is 
amended by striking ‘‘section 47176’’ and inserting ‘‘section 47175’’. 
(b) PASSENGER FACILITY CHARGES.—Section 40117(a)(5) of title 
49, United States Code, is amended by striking ‘‘charge or charge’’ 
and inserting ‘‘charge’’. 
(c) OVERFLIGHTS OF NATIONAL PARKS.—Section 40128(a)(3) of 
title 49, United States Code, is amended by striking ‘‘under part 
91 of the title 14,’’ and inserting ‘‘under part 91 of title 14,’’. 
(d) PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS 
INVOLVED
IN
FOREIGN
AIR
CARRIER
ACCIDENTS.—Section 
41313(c)(16) of title 49, United States Code, is amended by striking 
‘‘An assurance that the foreign air carrier’’ and inserting ‘‘An assur-
ance 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.—Sec-
tion 41902(a) of title 49, United States Code, is amended by striking 
‘‘section 41906’’ and inserting ‘‘section 41905’’. 
(g) WEIGHING MAIL.—Section 41907 of title 49, United States 
Code, is amended by striking ‘‘and’’ and all that follows through 
‘‘administrative’’ and inserting ‘‘and administrative’’. 
49 USC 
prec. 41701. 
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132 STAT. 3371 
PUBLIC LAW 115–254—OCT. 5, 2018 
(h) STRUCTURES
INTERFERING
WITH
AIR
COMMERCE
OR 
NATIONAL SECURITY.—Section 44718(b)(1) of title 49, United States 
Code, is amended— 
(1) in the matter preceding subparagraph (A) by striking 
‘‘air navigation facilities and equipment’’ and inserting ‘‘air 
or space navigation facilities and equipment’’; and 
(2) in subparagraph (A)— 
(A) in clause (v) by striking ‘‘and’’ at the end; 
(B) by redesignating clause (vi) as clause (vii); and 
(C) by inserting after clause (v) the following: 
‘‘(vi) the impact on launch and reentry for launch 
and reentry vehicles arriving or departing from a 
launch site or reentry site licensed by the Secretary 
of Transportation; and’’. 
(i) FLIGHT ATTENDANT CERTIFICATION.—Section 44728 of title 
49, United States Code, is amended— 
(1) in subsection (c), by striking ‘‘chapter’’ and inserting 
‘‘title’’; and 
(2) in subsection (d)(3), by striking ‘‘is’’ and inserting ‘‘be’’. 
(j) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR TRANSPOR-
TATION.—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 CON-
CERN.—Section 47113(a)(3) of title 49, United States Code, is 
amended by striking ‘‘(15 U.S.C. 632(o))’’ and inserting ‘‘(15 U.S.C. 
632(p))’’. 
(p) 
SPECIAL
APPORTIONMENT
CATEGORIES.—Section 
47117(e)(1)(B) is amended by striking ‘‘at least’’ and inserting ‘‘At 
least’’. 
(q) SOLICITATION AND CONSIDERATION OF COMMENTS.—Section 
47171(l) of title 49, United States Code, is amended by striking 
‘‘4371’’ and inserting ‘‘4321’’. 
(r) OPERATIONS AND MAINTENANCE.—Section 48104 is amended 
by striking ‘‘(a) AUTHORIZATION
OF APPROPRIATIONS.—the’’ and 
inserting ‘‘The’’. 
(s) ADJUSTMENTS
TO
COMPENSATION
FOR
SIGNIFICANTLY 
INCREASED COSTS.—Section 426 of the FAA Modernization and 
Reform Act of 2012 is amended— 
(1) in subsection (a) (49 U.S.C. 41737 note) by striking 
‘‘Secretary’’ and inserting ‘‘Secretary of Transportation’’; and 
49 USC 
prec. 46501. 
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132 STAT. 3372 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 PRO-
GRAM.—Section 507(a) of the FAA Modernization and Reform Act 
of 2012 (49 U.S.C. 44505 note) is amended by striking ‘‘section 
48101(a)’’ and inserting ‘‘section 48101(a) of title 49, United States 
Code,’’. 
SEC. 540. REPORT ON ILLEGAL CHARTER FLIGHTS. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary of Transportation shall submit to the appropriate 
committees of Congress an analysis of reports filed during the 
10-year period preceding such date of enactment through the illegal 
charter hotline of the FAA and other sources that includes— 
(1) what followup action the Department of Transportation 
or the Administration takes when a report of illegal charter 
operations is received; 
(2) how the Department of Transportation or the Adminis-
tration decides to allocate resources; 
(3) challenges the Department of Transportation or the 
Administration face in identifying illegal operators; and 
(4) recommendations for improving the efforts of the 
Department of Transportation or the Administration to combat 
illegal charter carrier operations. 
SEC. 541. USE OF NASA’S SUPER GUPPY AIRCRAFT FOR COMMERCIAL 
TRANSPORT. 
Notwithstanding section 40125 of title 49, United States Code, 
the Aero Spacelines Super Guppy Turbine B–377–SGT aircraft, 
serial number 0004, may be used to provide the transport, for 
compensation or hire, of oversized space launch vehicle components 
or oversized spacecraft components while continuing to qualify as 
a public aircraft operation pursuant to section 40102(a)(41)(A) of 
title 49, United States Code, if— 
(1) the aircraft is owned and operated by the National 
Aeronautics and Space Administration; 
(2) commercial operation is limited to operations conducted 
wholly in United States airspace; and 
(3) no commercially available domestic air transport alter-
native exists. 
SEC. 542. PROHIBITED AIRSPACE ASSESSMENT. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment 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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132 STAT. 3373 
PUBLIC LAW 115–254—OCT. 5, 2018 
(3) an assessment of manned and unmanned aircraft, cur-
rent 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 prohib-
ited 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 enforce-
ment support. 
SEC. 543. REPORT ON MULTIAGENCY USE OF AIRSPACE AND ENVIRON-
MENTAL REVIEW. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Administrator, in consultation with 
the Secretary of Defense, shall submit to the covered committees 
of Congress a report documenting efforts made toward improving 
processes to resolve persistent challenges for special use airspace 
requests in support of, or associated with, short notice testing 
requirements at Major Range and Test Facility Bases, including 
the establishment of temporary military operations areas used for 
conducting short-term, scheduled exercises. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following elements: 
(1) Analysis of previous efforts to streamline internal proc-
esses associated with the designation of temporary military 
operations areas at Major Range and Test Facility Bases and 
the use of such areas for scheduled exercises. 
(2) Analysis of progress made to ensure consistency of 
environmental review, including impact analysis, associated 
environmental studies, or consultation, while complying with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and other environmental requirements. 
(3) Identification of challenges, if any, in complying with 
the National Environmental Policy Act of 1969. 
(4) A description of airspace requirements, current test 
and training needs statements completed during the 10-year 
period preceding the report, and future 5-year requirements, 
including all temporary military operating areas, special use 
airspaces, instrument routes, visual routes, and unfulfilled user 
requirements. 
(5) Proposed options and solutions to overcome identified 
challenges, if any, including identifying whether— 
(A) a solution or solutions can be incorporated within 
the existing Federal Aviation Administration and Depart-
ment 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 ‘‘cov-
ered committees of Congress’’ means— 
(A) the Committee on Commerce, Science, and 
Transportation and the Committee on Armed Services of 
the Senate; and 
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132 STAT. 3374 
PUBLIC LAW 115–254—OCT. 5, 2018 
(B) the Committee on Transportation and Infrastruc-
ture 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 Fed-
eral Aviation Administration, as administered by the Secretary 
of Defense. 
SEC. 544. AGENCY PROCUREMENT REPORTING REQUIREMENTS. 
Section 40110(d) of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(5) ANNUAL REPORT ON THE PURCHASE OF FOREIGN MANU-
FACTURED ARTICLES.— 
‘‘(A) REPORT.—(i) Not later than 90 days after the 
end of the fiscal year, the Secretary of Transportation 
shall submit a report to Congress on the dollar amount 
of acquisitions subject to the Buy American Act made by 
the agency from entities that manufacture the articles, 
materials, or supplies outside of the United States in such 
fiscal year. 
‘‘(ii) The report required by clause (i) shall only include 
acquisitions with total value exceeding the micro-purchase 
level. 
‘‘(B) CONTENTS.—The report required by subparagraph 
(A) shall separately indicate— 
‘‘(i) the dollar value of any articles, materials, or 
supplies purchased that were manufactured outside 
of the United States; and 
‘‘(ii) a summary of the total procurement funds 
spent on goods manufactured in the United States 
versus funds spent on goods manufactured outside of 
the United States. 
‘‘(C) AVAILABILITY
OF
REPORT.—The Secretary shall 
make the report under subparagraph (A) publicly available 
on the agency’s website not later than 30 days after submis-
sion 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 Oper-
ating Officer. 
‘‘(B) MINIMUM QUALIFICATIONS.—The Chief Technology 
Officer shall have— 
‘‘(i) at least 10 years experience in engineering 
management or another relevant technical manage-
ment 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. 
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132 STAT. 3375 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(D) RESTRICTION.—The Chief Technology Officer may 
not also be the Deputy Administrator. 
‘‘(2) RESPONSIBILITIES.—The responsibilities of the Chief 
Technology Officer shall include— 
‘‘(A) ensuring the proper operation, maintenance, and 
cybersecurity of technology systems relating to the air 
traffic control system across all program offices of the 
Administration; 
‘‘(B) 
coordinating 
the 
implementation, 
operation, 
maintenance, and cybersecurity of technology programs 
relating to the air traffic control system with the aerospace 
industry and other Federal agencies; 
‘‘(C) reviewing and providing advice to the Secretary, 
the Administrator, and the Chief Operating Officer on the 
Administration’s budget, cost-accounting system, and ben-
efit-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 submis-
sion to Congress; 
‘‘(E) developing an annual air traffic control system 
technology operation and maintenance plan that is con-
sistent with the annual performance targets established 
under paragraph (4); and 
‘‘(F) ensuring that the air traffic control system 
architecture remains, to the maximum extent practicable, 
flexible enough to incorporate future technological advances 
developed and directly procured by aircraft operators. 
‘‘(3) COMPENSATION.— 
‘‘(A) IN GENERAL.—The Chief Technology Officer shall 
be paid at an annual rate of basic pay to be determined 
by the Administrator, in consultation with the Chief Oper-
ating 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 Tech-
nology Officer’s performance in relation to the performance 
targets established under paragraph (4). 
‘‘(4) ANNUAL PERFORMANCE TARGETS.— 
‘‘(A) IN GENERAL.—The Administrator and the Chief 
Operating Officer, in consultation with the Chief Tech-
nology Officer, shall establish measurable annual perform-
ance targets for the Chief Technology Officer in key oper-
ational 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). 
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132 STAT. 3376 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(5) ANNUAL PERFORMANCE REPORT.—The Chief Technology 
Officer shall prepare and transmit to the Secretary of Transpor-
tation, the Committee on Transportation and Infrastructure 
of the House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate an annual 
report containing— 
‘‘(A) detailed descriptions and metrics of how successful 
the Chief Technology Officer was in meeting the annual 
performance targets established under paragraph (4); and 
‘‘(B) other information as may be requested by the 
Administrator and the Chief Operating Officer.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 709(a)(3)(L) of the Vision 100–Century of Avia-
tion Reauthorization Act (49 U.S.C. 40101 note) is amended 
by striking ‘‘Chief NextGen Officer’’ and inserting ‘‘Chief Tech-
nology 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 Tech-
nology 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 Administra-
tion’s Civil Aviation Registry (in this section referred to as the 
‘‘Registry’’). 
(b) COVERED UPGRADE DEFINED.—In this section, the term 
‘‘covered upgrades’’ means— 
(1) the digitization of nondigital Registry information, 
including paper documents, microfilm images, and photographs, 
from an analog or nondigital format to a digital format; 
(2) the digitalization of Registry manual and paper-based 
processes, business operations, and functions by leveraging dig-
ital 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 trans-
action that— 
‘‘(1) is conducted in person at the Civil Aviation Registry; 
‘‘(2) could be conducted, as determined by the Adminis-
trator, with the same or greater level of efficiency by electronic 
or other remote means; and 
49 USC 45306. 
49 USC 44701 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(3) is not related to research or other non-commercial 
activities. 
‘‘(b) MAXIMUM SURCHARGE.—A surcharge imposed and collected 
under subsection (a) shall not exceed twice the maximum fee the 
Administrator is authorized to charge for the registration of an 
aircraft, not used to provide air transportation, after the transfer 
of ownership under section 45302(b)(2). 
‘‘(c) CREDIT TO ACCOUNT AND AVAILABILITY.—Monies collected 
from a surcharge imposed under subsection (a) shall be treated 
as monies collected under section 45302 and subject to the terms 
and conditions set forth in section 45302(d).’’. 
(e) REPORT.—Not later than 1 year after date of enactment 
of this Act, and annually thereafter until the covered upgrades 
required under subsection (a) are complete, the Administrator shall 
submit a report to the appropriate committees of Congress 
describing— 
(1) the schedule for the covered upgrades to the Registry; 
(2) the office responsible for the implementation of the 
such covered upgrades; 
(3) the metrics being used to measure progress in imple-
menting 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 serv-
ices 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 air-
ports for participation in the pilot program after consultation with 
aircraft operators, manufacturers, and airport sponsors. 
(d) DEFINITIONS.— 
(1) CERTAIN
NEXTGEN
AVIONICS.—The term ‘‘certain 
NextGen avionics’’ means those avionics and related software 
designated by the Administrator after consultations with air-
craft 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 Manage-
ment System to the maximum extent consistent with 
safety. 
(e) SUNSET.—The pilot program established under subsection 
(a) shall terminate on September 30, 2023. 
49 USC 40103 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 AVIA-
TION. 
It is the sense of Congress that the Administration should, 
in consultation with appropriate Federal agencies and industry 
stakeholders, periodically review the use or proposed use of artificial 
intelligence technologies within the aviation system and assess 
whether the Administration needs a plan regarding artificial intel-
ligence 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 enact-
ment 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 special-
ists. 
(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 Con-
gress a report on the results of such study. 
SEC. 550. TREATMENT OF MULTIYEAR LESSEES OF LARGE AND TUR-
BINE-POWERED MULTIENGINE AIRCRAFT. 
The Secretary of Transportation shall revise such regulations 
as may be necessary to ensure that multiyear lessees and owners 
of large and turbine-powered multiengine aircraft are treated 
equally for purposes of joint ownership policies of the FAA. 
SEC. 551. EMPLOYEE ASSAULT PREVENTION AND RESPONSE PLANS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, each air carrier operating under part 121 
of title 14, Code of Federal Regulations (in this section referred 
to as a ‘‘part 121 air carrier’’), shall submit to the Administrator 
for review and acceptance an Employee Assault Prevention and 
Response Plan related to the customer service agents of the air 
carrier and that is developed in consultation with the labor union 
representing such agents. 
(b) CONTENTS OF PLAN.—An Employee Assault Prevention and 
Response Plan submitted under subsection (a) shall include the 
following: 
(1) Reporting protocols for air carrier customer service 
agents who have been the victim of a verbal or physical assault. 
(2) Protocols for the immediate notification of law enforce-
ment after an incident of verbal or physical assault committed 
against an air carrier customer service agent. 
(3) Protocols for informing Federal law enforcement with 
respect to violations of section 46503 of title 49, United States 
Code. 
(4) Protocols for ensuring that a passenger involved in 
a violent incident with a customer service agent of an air 
carrier is not allowed to move through airport security or board 
49 USC 44903 
note. 
49 USC 40101 
note. 
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132 STAT. 3379 
PUBLIC LAW 115–254—OCT. 5, 2018 
an aircraft until appropriate law enforcement has had an oppor-
tunity 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 manage-
ment, 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 per-
forming their duties and on airport property; and 
(2) submit the findings of the study, including any rec-
ommendations, to the appropriate committees of Congress. 
(e) GAP ANALYSIS.—The study required under subsection (d) 
shall include a gap analysis to determine if State and local laws 
and resources are adequate to deter or otherwise address the crimes 
of violence described in subsection (a) and recommendations on 
how to address any identified gaps. 
SEC. 552. STUDY ON TRAINING OF CUSTOMER-FACING AIR CARRIER 
EMPLOYEES. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall conduct 
a study on the training received by customer-facing employees 
of air carriers. 
(b) CONTENTS.—The study shall include— 
(1) an analysis of the training received by customer-facing 
employees with respect to the management of disputes on air-
craft; 
(2) an examination of how institutions of higher learning, 
in coordination with air carriers, customer-facing employees 
and their representatives, consumer advocacy organizations, 
and other stakeholders, could— 
(A) review such training and related practices; 
(B) produce recommendations; and 
(C) if determined appropriate, provide supplemental 
training; and 
(3) the effectiveness of air carriers’ Employee Assault 
Prevention and Response Plans required under section 551. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the appropriate committees 
of Congress a report on the results of the study. 
SEC. 553. AUTOMATED WEATHER OBSERVING SYSTEMS POLICY. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall— 
(1) update automated weather observing systems standards 
to maximize the use of new technologies that promote the 
reduction of equipment or maintenance cost for non-Federal 
automated weather observing systems, including the use of 
remote monitoring and maintenance, unless demonstrated to 
be ineffective; 
49 USC 44720 
note. 
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132 STAT. 3380 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 air-
port personnel or an aviation official may, with appropriate 
manufacturer training or alternative training as determined 
by the Administrator, be permitted to conduct the minimum 
triannual preventative maintenance checks under the advisory 
circular for non-Federal automated weather observing systems 
(AC 150/5220–16E) and any other similar, successor checks. 
(b) PERMISSION.—Permission to conduct the minimum triannual 
preventative maintenance checks described under subsection (a)(3) 
and any similar, successor checks shall not be withheld but for 
specific cause. 
(c) STANDARDS.—In updating the standards under subsection 
(a)(1), the Administrator shall— 
(1) ensure the standards are performance-based; 
(2) use risk analysis to determine the accuracy of the 
automated weather observing systems outputs required for 
pilots to perform safe aircraft operations; and 
(3) provide a cost-benefit analysis to determine whether 
the benefits outweigh the cost for any requirement not directly 
related to safety. 
(d) AIP ELIGIBILITY OF AWOS EQUIPMENT.— 
(1) IN
GENERAL.—Notwithstanding any other law, the 
Administrator is authorized to and shall waive any positive 
benefit-cost ratio requirement for automated weather-observing 
system equipment under subchapter I of chapter 471, of title 
49, United States Code, if— 
(A) the airport sponsor or State, as applicable, certifies 
that a grant for such automated weather observing systems 
equipment under that chapter will assist an applicable 
airport to respond to regional emergency needs, including 
medical, firefighting, and search and rescue needs; 
(B) the Secretary determines, after consultation with 
the airport sponsor or State, as applicable, that the place-
ment of automated weather-observing equipment at the 
airport will not cause unacceptable radio frequency conges-
tion; 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 Adminis-
trator shall submit to the appropriate committees of Congress a 
report on the implementation of the requirements under this sec-
tion. 
SEC. 554. PRIORITIZING AND SUPPORTING THE HUMAN INTERVEN-
TION 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 
49 USC 45105 
note. 
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132 STAT. 3381 
PUBLIC LAW 115–254—OCT. 5, 2018 
(HIMS) program for flight crewmembers and the Flight Attendant 
Drug and Alcohol Program (FADAP) for flight attendants. 
(b) STUDY AND RECOMMENDATIONS.— 
(1) IN
GENERAL.—The Secretary of Transportation shall 
enter into an agreement with the Transportation Research 
Board (in this subsection referred to as the ‘‘Board’’) under 
which the Board shall— 
(A) conduct a study on the Human Intervention Motiva-
tion 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 recommenda-
tions to the Federal Aviation Administration and other 
administrations within the Department of Transportation 
on how to implement programs, or changes to existing 
programs, that seek to help transportation workers get 
treatment for drug and alcohol abuse and return to work; 
and 
(C) upon the completion of the study described in 
subparagraph (A), submit to the appropriate committees 
of Congress a report on such study, including the Board’s 
findings, conclusions, and recommendations. 
(2) REQUIREMENT.—In conducting the study under para-
graph (1), the Board shall identify— 
(A) best policies and practices within existing pro-
grams; 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 Fed-
eral Government based on a case-by-case analysis of compara-
tive costs and other factors, including those factors listed in 
section 7.401 of the Federal Acquisition Regulation. 
(2) METHODS OF ACQUISITION.—The methods of acquisition 
to be compared in the analysis under paragraph (1) shall 
include, at a minimum, purchase, short-term rental or lease, 
long-term rental or lease, interagency acquisition, and acquisi-
tion agreements with a State or a local government as described 
in subsection (c). 
(3) AMENDMENT OF FEDERAL ACQUISITION REGULATION.— 
Not later than 180 days after the date of the enactment of 
this Act, the Federal Acquisition Regulatory Council shall 
amend the Federal Acquisition Regulation to implement the 
requirement of this subsection, including a determination of 
the factors for executive agencies to consider for purposes of 
performing the analysis under paragraph (1). 
(4) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to affect the requirements of chapter 37 
of title 41, United States Code, section 2305 of title 10, United 
States Code, or section 1535 of title 31, United States Code. 
41 USC note 
prec. 3101. 
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132 STAT. 3382 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) DATE OF IMPLEMENTATION.—The analysis described in sub-
section (a) shall be applied to contracts for the acquisition of equip-
ment entered into on or after the date that the Federal Acquisition 
Regulation is amended pursuant to paragraph (3) of such sub-
section. 
(c) ACQUISITION AGREEMENTS WITH STATES OR LOCAL GOVERN-
MENTS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, including chapter 37 of title 41, United States Code, the 
Small Business Act (15 U.S.C. 631 et seq.), and section 2305 
of title 10, United States Code, the head of an executive agency 
may enter into an acquisition agreement authorized by this 
section directly with a State or a local government if the agency 
head determines that the agreement otherwise satisfies the 
requirements of subsection (a)(1). 
(2) TERMS AND CONDITIONS.—Any agreement under para-
graph (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 sub-
section (a) is not required— 
(1) when the President has issued an emergency declaration 
or a major disaster declaration pursuant to the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.); 
(2) in other emergency situations if the agency head makes 
a determination that obtaining such equipment is necessary 
in order to protect human life or property; or 
(3) when otherwise authorized by law. 
(e) STUDY OF AGENCY ANALYSES.—Not later than 2 years after 
the date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on Oversight 
and Government Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of 
the Senate a comprehensive report on the decisions made by the 
executive agencies with the highest levels of acquisition spending, 
and a sample of executive agencies with lower levels of acquisition 
spending, to acquire high-value equipment by lease, rental, or pur-
chase 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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PUBLIC LAW 115–254—OCT. 5, 2018 
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 con-
sider 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 MEAS-
URES AND TARGETS. 
(a) PERFORMANCE MEASURES.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Transportation 
shall establish performance measures relating to the management 
of the Administration, which shall, at a minimum, include measures 
to assess— 
(1) the timely and cost-effective completion of projects; and 
(2) the effectiveness of the Administration in achieving 
the goals described in section 47171 of title 49, United States 
Code. 
(b) PERFORMANCE TARGETS.—Not later than 180 days after 
the date on which the Secretary establishes performance measures 
in accordance with subsection (a), the Secretary shall establish 
performance targets relating to each of the measures described 
in that subsection. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the inspector general of the Department of Transpor-
tation shall submit to the appropriate committees of Congress a 
report describing the progress of the Secretary in meeting the 
performance targets established under subsection (b). 
SEC. 559. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES 
IN THE NEW YORK CITY AND NEWARK REGION. 
Not later than 90 days after the date of enactment of this 
Act, the Administrator shall submit to the appropriate committees 
of Congress a report on the Administration’s staffing and scheduling 
plans for air traffic control facilities in the New York City and 
Newark region for the 1-year period beginning on such date of 
enactment. 
SEC. 560. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADEL-
PHIA 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. 
49 USC 106 note. 
49 USC 44103 
note. 
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132 STAT. 3384 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 561. ANNUAL REPORT ON INCLUSION OF DISABLED VETERAN 
LEAVE IN PERSONNEL MANAGEMENT SYSTEM. 
Not later than 1 year after the date of enactment of this 
Act, and not less frequently than annually there after until the 
date that is 5 years after the date of enactment of this Act, the 
Administrator shall publish on a publicly accessible internet website 
a report on— 
(1) the effect of the amendments made by subsections (a) 
and (b) of section 2 of the Federal Aviation Administration 
Veteran Transition Improvement Act of 2016 (Public Law 114– 
242), on the Administration’s work force; and 
(2) the number of disabled veterans benefitting from such 
subsections. 
SEC. 562. ENHANCED SURVEILLANCE CAPABILITY. 
Not later than 120 days after the date of enactment of this 
Act, the Administrator shall identify and implement a strategy 
to— 
(1) advance near-term and long-term uses of enhanced 
surveillance systems, such as space-based ADS–B, within 
United States airspace or international airspace delegated to 
the United States; 
(2) exercise leadership on setting global standards for the 
separation of aircraft in oceanic airspace by working with— 
(A) foreign counterparts of the Administrator in the 
International Civil Aviation Organization and its sub-
sidiary 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 REG-
ISTER. 
Section 30305(b)(8) of title 49, United States Code, is amended 
to read as follows: 
‘‘(8)(A) An individual who is seeking employment by an 
air carrier as a pilot may request the chief driver licensing 
official of a State to provide information about the individual 
under subsection (a) of this section to the prospective employer 
of the individual, the authorized agent of the prospective 
employer, or the Secretary of Transportation. 
‘‘(B) An air carrier that is the prospective employer of 
an individual described in subparagraph (A), or an authorized 
agent of such an air carrier, may request and receive informa-
tion 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 para-
graph 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.). 
49 USC 40101 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(C) Information may not be obtained from the National 
Driver Register under this paragraph if the information was 
entered in the Register more than 5 years before the request 
unless the information is about a revocation or suspension 
still in effect on the date of the request.’’. 
SEC. 564. REGULATORY REFORM. 
Section 106(p)(5) of title 49, United States Code, is amended— 
(1) by striking ‘‘Committee, or’’ and inserting ‘‘Committee,’’; 
and 
(2) by striking the period at the end and inserting ‘‘, or 
such aerospace rulemaking committees as the Secretary shall 
designate.’’. 
SEC. 565. AVIATION FUEL. 
(a) USE OF UNLEADED AVIATION GASOLINE.—The Administrator 
shall allow the use of an unleaded aviation gasoline in an aircraft 
as a replacement for a leaded gasoline if the Administrator— 
(1) determines that the unleaded aviation gasoline qualifies 
as a replacement for an approved leaded gasoline; 
(2) identifies the aircraft and engines that are eligible 
to use the qualified replacement unleaded gasoline; and 
(3) adopts a process (other than the traditional means 
of certification) to allow eligible aircraft and engines to operate 
using qualified replacement unleaded gasoline in a manner 
that ensures safety. 
(b) TIMING.—The Administrator shall adopt the process 
described in subsection (a)(3) not later than 180 days after the 
later of— 
(1) the date on which the Administration completes the 
Piston Aviation Fuels Initiative; or 
(2) the date on which the American Society for Testing 
and Materials publishes a production specification for an 
unleaded aviation gasoline. 
(c) TYPE CERTIFICATION.—Existing regulatory mechanisms by 
which an unleaded aviation gasoline can be approved for use in 
an engine or aircraft by Type or Supplemental Type Certificate 
for individual aircraft and engine types or by Approved Model 
List Supplemental Type Certificate providing coverage for a broad 
range of applicable types of aircraft or engines identified in the 
application shall continue to be fully available as a means of 
approving and bringing an unleaded aviation gasoline into general 
use in the United States. Such approvals shall be issued when 
the Administrator finds that the aircraft or engine performs prop-
erly and meets the applicable regulations and minimum standards 
under the normal certification process. 
SEC. 566. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC CONTROL 
SYSTEM. 
Notwithstanding any other provision of law, the Administrator 
shall, upon request of a private aircraft owner or operator, block 
the registration number of the aircraft of the owner or operator 
from any public dissemination or display, except in data made 
available to a Government agency, for the noncommercial flights 
of the owner or operator. 
49 USC 44103 
note. 
49 USC 44714 
note. 
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132 STAT. 3386 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 Gen-
eral shall— 
(1) identify the long-term workforce and training needs 
of the FAA workforce; 
(2) assess the impact of automation, digitalization, and 
artificial intelligence on the FAA workforce; 
(3) analyze the skills and qualifications required of the 
FAA workforce for successful performance in the current and 
future projected aviation environment; 
(4) review current performance incentive policies of the 
FAA, including awards for performance; 
(5) analyze ways in which the FAA can work with industry 
and labor, including labor groups representing the FAA 
workforce, 
to 
establish 
knowledge-sharing 
opportunities 
between the FAA and the aviation industry regarding new 
equipment and systems, best practices, and other areas of 
interest; and 
(6) develop recommendations on the most effective quali-
fications, 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 enact-
ment 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 effective-
ness, safety, and consistency of the approval process; and 
(3) assisting in developing standardized next-generation 
requirements for air tankers used for firefighting. 
(b) REPORTING REQUIREMENT.—Not later than 1 year after the 
date of enactment of this Act, the Chief of the Forest Service 
shall submit to Congress a report describing the outcome of the 
review conducted under subsection (a). 
SEC. 569. FAA TECHNICAL WORKFORCE. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator shall— 
(1) identify and assess barriers to attracting, developing, 
training, and retaining a talented workforce in the areas of 
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PUBLIC LAW 115–254—OCT. 5, 2018 
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 Adminis-
trator, through personnel reform, to attract, develop, and retain 
this talent. 
(b) REPORT.—The Administrator shall submit to the appropriate 
committees of Congress a report on the progress made toward 
implementing the requirements under subsection (a). 
SEC. 570. STUDY ON AIRPORT CREDIT ASSISTANCE. 
(a) REVIEW.— 
(1) IN
GENERAL.—The Secretary of Transportation shall 
conduct a review to determine whether a Federal credit assist-
ance 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 enact-
ment of this section, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on the Environment and Public 
Works of the Senate a report on the results of the review carried 
out under subsection (a). The report shall include a description 
of— 
(1) the benefits and other effects; 
(2) potential projects; 
(3) the budgetary impacts, including an estimate of— 
(A) the average annual loan volume; 
(B) the average subsidy rate; and 
(C) any loss of Federal revenue; 
(4) impacts on existing programs; 
(5) the administrative costs; and 
(6) any personnel changes. 
SEC. 571. SPECTRUM AVAILABILITY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 
note) requires the Secretary of Commerce to identify 30 mega-
hertz of electromagnetic spectrum below the frequency of 3 
gigahertz to be reallocated to non-Federal use, to shared Fed-
eral 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 Spec-
trum 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, 
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132 STAT. 3388 
PUBLIC LAW 115–254—OCT. 5, 2018 
for shared Federal and non-Federal use, or for a combination 
thereof. 
(3) The Federal Aviation Administration, in coordination 
with the Department of Commerce, the Department of Defense, 
and the Department of Homeland Security, established the 
Spectrum Efficient National Surveillance Radar (referred to 
in this section as ‘‘SENSR’’) Program to assess the feasibility 
of consolidating certain long-range, short-range, and weather 
radar systems in order to make available the 1300–1350 mega-
hertz band. 
(4) The SENSR Program received approval and approxi-
mately $71,500,000 from Office of Management and Budget 
on June 2, 2017, to proceed with Phase I of the SENSR Spec-
trum Pipeline Plan, which will focus on requirements and con-
cept development as well as documenting expected costs and 
information for all impacted Federal spectrum systems. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the SENSR Program of the FAA should continue its assessment 
of the feasibility of making the 1300–1350 megahertz band of 
electromagnetic spectrum available for non-Federal use. 
SEC. 572. SPECIAL REVIEW RELATING TO AIR SPACE CHANGES. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Federal Aviation Management Advisory 
Council established under section 106(p) of title 49, United States 
Code (in this section referred to as the ‘‘Council’’) shall initiate 
a special review of the Federal Aviation Administration. 
(b) REVIEW.—The special review of the Administration required 
under subsection (a) shall consist of the following: 
(1) A review of the practices and procedures of the Federal 
Aviation Administration for developing proposals with respect 
to changes in regulations, policies, or guidance of the Federal 
Aviation Administration relating to airspace that affect airport 
operations, airport capacity, the environment, or communities 
in the vicinity of airports, including an assessment of the extent 
to which there is consultation, or a lack of consultation, with 
respect to such proposals— 
(A) between and among the affected elements of the 
Federal Aviation Administration, including the Air Traffic 
Organization, the Office of Airports, the Flight Standards 
Service, the Office of NextGen, and the Office of Energy 
and Environment; and 
(B) between the Federal Aviation Administration and 
affected entities, including airports, aircraft operators, 
communities, and State and local governments. 
(2) Recommendations for revisions to such practices and 
procedures to improve communications and coordination 
between and among affected elements of the Federal Aviation 
Administration and with other affected entities with respect 
to proposals described in paragraph (1) and the potential effects 
of such proposals. 
(c) CONSULTATION.—In conducting the special review, the 
Council shall consult with— 
(1) air carriers, including passenger and cargo air carriers; 
(2) general aviation, including business aviation and fixed 
wing aircraft and rotorcraft; 
(3) airports of various sizes and types; 
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132 STAT. 3389 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) exclusive bargaining representatives of air traffic 
controllers certified under section 7111 of title 5, United States 
Code; and 
(5) State aviation officials. 
(d) REPORT REQUIRED.—Not later than 2 years after the date 
of enactment of this Act, the Administrator shall submit to the 
appropriate committees of Congress a report on the results of the 
special review conducted by the Council, including a description 
of the comments, recommendations, and dissenting views received 
from the Council and a description of how the Administrator plans 
to implement the recommendations of the Council. 
SEC. 573. REIMBURSEMENT FOR IMMIGRATION INSPECTIONS. 
Section 286(i) of the Immigration and Nationality Act (8 U.S.C. 
1356(i)) is amended— 
(1) by inserting ‘‘, train,’’ after ‘‘commercial aircraft’’; and 
(2) by inserting ‘‘, rail line,’’ after ‘‘airport’’. 
SEC. 574. FAA EMPLOYEES IN GUAM. 
(a) IN GENERAL.—The Secretary of Transportation shall use 
existing authorities to negotiate an agreement that shall be renego-
tiated 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 adminis-
trative 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 para-
graph (1); and 
(B) third-party billing for any medical costs incurred 
as a result of Federal Aviation Administration employees, 
their spouses, or their dependent children accessing and 
receiving medical treatment or services at a Department 
of Defense health care facility located in Guam. 
(b) FUNDS SUBJECT TO APPROPRIATIONS.—Funds for payments 
by the Federal Aviation Administration described in subsection 
(a)(2) are subject to the availability of amounts specifically provided 
in advance for that purpose in appropriations Acts. 
(c) REPORT
ON ACCESS
TO FACILITIES
OF
THE DEPARTMENT 
OF DEFENSE IN GUAM.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Transportation 
and the Secretary of Defense shall jointly submit a report 
to the Committees on Armed Services of the Senate and the 
House of Representatives, the Committee on Commerce of the 
Senate, and the Committee on Transportation and Infrastruc-
ture 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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PUBLIC LAW 115–254—OCT. 5, 2018 
(A) Evaluate the ability of Department of Defense sup-
port facilities in Guam to adequately serve current military 
personnel and dependent populations. 
(B) Determine how any substantial increases to mili-
tary personnel and dependent populations in Guam would 
impact the ability of existing Department of Defense sup-
port 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 Depart-
ment of Defense support facilities in Guam to Federal 
Aviation Administration employees and their families on 
the ability of those facilities to provide services to military 
personnel and their families. 
(E) Recognize the Federal Aviation Administration’s 
vital role as the sole provider of radar air traffic control 
services for aircraft traversing into and out of the airspace 
near and above Guam the vast majority of which are mili-
tary operations, Department of Defense aircraft, or other 
aircraft traveling to Guam in order to interact with Depart-
ment of Defense facilities. 
(F) Review the existing authorities authorizing eligi-
bility 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 per-
sonnel and their families. 
(I) Determine any changes in laws or regulations that 
may be necessary to authorize Federal Aviation Adminis-
tration employees and their families access to Department 
of Defense health care facilities, commissaries, and 
exchanges in Guam. 
SEC. 575. GAO STUDY ON AIRLINE COMPUTER NETWORK DISRUPTIONS. 
Not later than 1 year after the date of enactment of this 
Act, the Comptroller General of the United States shall submit 
to the appropriate committees of Congress a report containing a 
review of the following: 
(1) Direct and indirect effects on passengers, if any, 
resulting from significant computer network disruptions of part 
121 (of title 49, Code of Federal Regulations) air carriers 
between January 1, 2014, and the date of enactment of this 
section, including— 
(A) systemwide delays; 
(B) flight cancellations; and 
(C) disrupted or broken itineraries. 
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132 STAT. 3391 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 agree-
ments to determine if and how air carriers accommodate pas-
sengers affected by significant computer network disruptions 
on other air carriers or foreign air carriers. 
(4) Whether passengers who have been displaced by signifi-
cant computer network disruptions are furnished with alter-
native 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 car-
riers to respond to and recover from such network disruptions. 
SEC. 576. TOWER MARKING. 
Section 2110 of the FAA Extension, Safety, and Security Act 
of 2016 (49 U.S.C. 44718 note) is amended to read as follows: 
‘‘SEC. 2110. TOWER MARKING. 
‘‘(a) APPLICATION.— 
‘‘(1) IN GENERAL.—Except as provided by paragraph (2), 
not later than 18 months after the date of enactment of the 
FAA Reauthorization Act of 2018 or the date of availability 
of the database developed by the Administrator pursuant to 
subsection (c), whichever is later, all covered towers shall be 
either— 
‘‘(A) clearly marked consistent with applicable guidance 
in the advisory circular of the FAA issued December 4, 
2015 (AC 70/7460-IL); or 
‘‘(B) included in the database described in subsection 
(c). 
‘‘(2) METEOROLOGICAL
EVALUATION
TOWER.—A covered 
tower that is a meteorological evaluation tower shall be subject 
to the requirements of subparagraphs (A) and (B) of paragraph 
(1). 
‘‘(b) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section, the following definitions 
apply: 
‘‘(A) COVERED TOWER.— 
‘‘(i) IN GENERAL.—The term ‘covered tower’ means 
a structure that— 
‘‘(I) is a meteorological evaluation tower, a 
self-standing tower, or tower supported by guy 
wires and ground anchors; 
‘‘(II) is 10 feet or less in diameter at the above- 
ground base, excluding concrete footing; 
‘‘(III) at the highest point of the structure is 
at least 50 feet above ground level; 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(IV) at the highest point of the structure is 
not more than 200 feet above ground level; 
‘‘(V) has accessory facilities on which an 
antenna, 
sensor, 
camera, 
meteorological 
instrument, or other equipment is mounted; and 
‘‘(VI) is located on land that is— 
‘‘(aa) in a rural area; and 
‘‘(bb) used for agricultural purposes or 
immediately adjacent to such land. 
‘‘(ii) EXCLUSIONS.—The term ‘covered tower’ does 
not include any structure that— 
‘‘(I) is adjacent to a house, barn, electric utility 
station, or other building; 
‘‘(II) is within the curtilage of a farmstead 
or adjacent to another building or visible structure; 
‘‘(III) supports electric utility transmission or 
distribution lines; 
‘‘(IV) is a wind-powered electrical generator 
with a rotor blade radius that exceeds 6 feet; 
‘‘(V) is a street light erected or maintained 
by a Federal, State, local, or tribal entity; 
‘‘(VI) is designed and constructed to resemble 
a tree or visible structure other than a tower; 
‘‘(VII) is an advertising billboard; 
‘‘(VIII) is located within the right-of-way of 
a rail carrier, including within the boundaries of 
a rail yard, and is used for a railroad purpose; 
‘‘(IX)(aa) is registered with the Federal 
Communications Commission under the Antenna 
Structure Registration program set forth under 
part 17 of title 47, Code of Federal Regulations; 
and 
‘‘(bb) is determined by the Administrator to 
pose no hazard to air navigation; or 
‘‘(X) has already mitigated any hazard to avia-
tion safety in accordance with Federal Aviation 
Administration guidance or as otherwise approved 
by the Administrator. 
‘‘(B) RURAL
AREA.—The term ‘rural area’ has the 
meaning given the term in section 609(a)(5) of the Public 
Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)(5)). 
‘‘(C) AGRICULTURAL PURPOSES.—The term ‘agricultural 
purposes’ means farming in all its branches and the cultiva-
tion 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 sec-
tion, 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 
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PUBLIC LAW 115–254—OCT. 5, 2018 
that the tower be marked), except that meteorological evalua-
tion 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 data-
base 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 avia-
tion safety, regardless of whether or not the information 
is marked or labeled as proprietary or with a similar des-
ignation; 
‘‘(5) ensure that the tower information in the database 
is de-identified and that the information only includes the 
location and height of covered towers and whether the tower 
has guy wires; 
‘‘(6) ensure that information in the dataset is encrypted 
at rest and in transit and is protected from unauthorized access 
and acquisition; 
‘‘(7) ensure that towers excluded from the definition of 
covered tower under subsection (d)(1)(B)(ii)(VIII) must be reg-
istered by its owner in the database; 
‘‘(8) ensure that a tower to be included in the database 
pursuant to subsection (c)(1) and constructed after the date 
on which the database is fully operational is submitted by 
its owner to the FAA for inclusion in the database before 
its construction; 
‘‘(9) ensure that pilots who intend to conduct low-altitude 
operations in locations described in subsection (b)(1)(A)(i)(VI) 
consult the relevant parts of the database before conducting 
such operations; and 
‘‘(10) make the database available for use not later than 
1 year after the date of enactment of the FAA Reauthorization 
Act of 2018. 
‘‘(d) EXCLUSION AND WAIVER AUTHORITIES.—As part of a rule-
making conducted pursuant to this section, the Administrator— 
‘‘(1) may exclude a class, category, or type of tower that 
is determined by the Administrator, after public notice and 
comment, to not pose a hazard to aviation safety; 
‘‘(2) shall establish a process to waive specific covered 
towers from the marking requirements under this section as 
required under the rulemaking if the Administrator later deter-
mines 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 conspicuous-
ness 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 Fed-
eral 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 
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132 STAT. 3394 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 consulta-
tion with the Federal Communications Commission, periodically 
review any regulations or guidance regarding the marking of cov-
ered 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 Commis-
sion shall amend section 17.7 of title 47, Code of Federal Regula-
tions, to require a notification to the Federal Aviation Administra-
tion 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 enact-
ment of this Act, and after providing notice and an opportunity 
for comment, the Administrator of the Federal Aviation Administra-
tion 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 mini-
mums 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 ENVIRON-
MENTAL REVIEW AND APPROVAL PROCEDURES. 
Section 330 of title 23, United States Code, is amended— 
(1) in subsection (a)(2), by striking ‘‘5 States’’ and inserting 
‘‘2 States’’; and 
(2) in subsection (e)— 
(A) in paragraph (2)(A), by striking ‘‘2 years’’ and 
inserting ‘‘150 days as set forth in section 139(l)’’; and 
(B) in paragraph (3)(B)(i), by striking ‘‘2 years’’ and 
inserting ‘‘150 days as set forth in section 139(l)’’. 
SEC. 579. REGULATORY STREAMLINING. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
issue a final regulation revising section 121.333(c)(3) of title 14, 
Code of Federal Regulations, to apply only to flight altitudes above 
flight level 410. 
SEC. 580. SPACEPORTS. 
(a) SENSE
OF CONGRESS
ON STATE SPACEPORT CONTRIBU-
TIONS.—It is the Sense of Congress that— 
(1) State and local government-owned or -operated space-
ports have contributed hundreds of millions of dollars in infra-
structure improvements to the national space launch infrastruc-
ture, providing the United States Government and commercial 
customers with world-class space launch and processing infra-
structure that is necessary to support continued American 
leadership in space; 
(2) State and local government-owned or –operated space-
ports play a critical role in providing resiliency and redundancy 
49 USC note 
prec. 42301. 
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132 STAT. 3395 
PUBLIC LAW 115–254—OCT. 5, 2018 
in the national launch infrastructure to support national secu-
rity 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 net-
works needed for robust space transportation that support 
national security, civil, and commercial launch customers; and 
(5) States and local governments that have made invest-
ments to build, maintain, operate, and improve capabilities 
for national security, civil, and commercial customers should 
be commended for their infrastructure contributions to launch 
and reentry sites, and encouraged through a variety of pro-
grams 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 Transpor-
tation 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 improve-
ments at spaceports; 
‘‘(3) provide technical assistance and guidance to space-
ports; 
‘‘(4) promote United States spaceports within the Depart-
ment; and 
‘‘(5) strengthen the Nation’s competitiveness in commercial 
space transportation infrastructure and increase resilience for 
the Federal Government and commercial customers. 
‘‘(c) RECOGNITION.—In carrying out the functions assigned in 
subsection (b), the Secretary shall recognize the unique needs and 
distinctions of spaceports that host— 
‘‘(1) launches to or reentries from orbit; and 
‘‘(2) are involved in suborbital launch activities. 
‘‘(d) DIRECTOR.—The head of the Office of the Associate 
Administrator for Commercial Space Transportation shall designate 
a Director of the Office of Spaceports. 
‘‘(e) DEFINITION.—In this section the term ‘spaceport’ means 
a launch or reentry site that is operated by an entity licensed 
by the Secretary of Transportation.’’. 
51 USC 51501. 
51 USC 
prec. 51501. 
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132 STAT. 3396 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 
of chapters of title 51, United States Code, is amended by 
adding at the end of subtitle V the following: 
‘‘515. Office of Spaceports .....................................................................................51501’’. 
(c) REPORT ON NATIONAL SPACEPORTS POLICY.— 
(1) SENSE OF CONGRESS.—It is the sense of Congress that— 
(A) A robust network of space transportation infra-
structure, including spaceports, is vital to the growth of 
the domestic space industry and America’s competitiveness 
and access to space. 
(B) 
Non-Federal 
spaceports 
have 
significantly 
increased the space transportation infrastructure of the 
United States through significant investments by State 
and local governments, which have encouraged greater pri-
vate 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, resil-
ience, and capabilities of this space transportation infra-
structure through policies and through partnerships with 
State and local governments. 
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall submit 
to Congress a report that— 
(A) evaluates the Federal Government’s national secu-
rity and civil space transportation demands and the needs 
of the United States and international commercial markets; 
(B) proposes policies and programs designed to ensure 
a robust and resilient orbital and suborbital spaceport 
infrastructure to serve and capitalize on these space 
transportation opportunities; 
(C) reviews the development and investments made 
by international competitors in foreign spaceports, to the 
extent practicable; 
(D) makes recommendations on how the Federal 
Government can support, encourage, promote, and facilitate 
greater investments in infrastructure at spaceports; and 
(E) considers and makes recommendations about how 
spaceports can fully support and enable the national space 
policy. 
(3) UPDATES TO THE REPORT.—Not later than 3 years after 
the date of enactment of this Act and every 2 years until 
December 2024, the Secretary shall— 
(A) update the previous report prepared under this 
subsection; and 
(B) submit the updated report to Congress. 
(4) CONSULTATIONS REQUIRED.—In preparing the reports 
required by this subsection, the Secretary shall consult with 
individuals including— 
(A) the Secretary of Defense; 
(B) the Secretary of Commerce; 
51 USC 
prec. 10101. 
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132 STAT. 3397 
PUBLIC LAW 115–254—OCT. 5, 2018 
(C) the Administrator of the National Aeronautics and 
Space Administration; and 
(D) interested persons at spaceports, State and local 
governments, and industry. 
(d) REPORT
ON
SPACE
TRANSPORTATION
INFRASTRUCTURE 
MATCHING GRANTS.— 
(1) GAO STUDY
AND
REPORT.—The Comptroller General 
of the United States shall conduct a study regarding spaceport 
activities carried out pursuant to chapters 509 and 511 of 
title 51, United States Code, including— 
(A) an assessment of potential mechanisms to provide 
Federal support to spaceports, including the airport 
improvement program established under subchapter I of 
chapter 471 of title 49, United States Code, and the pro-
gram 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 transpor-
tation sector, including interested persons in industry and 
government officials at the Federal, State, and local levels. 
(3) USER-FUNDED
SPACEPORTS.—In reviewing funding 
options, the Comptroller General shall distinguish between 
spaceports that are funded by users and those that are not. 
(4) REPORT.—Not later than 1 year after the date of enact-
ment 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 para-
graphs (23) through (27), respectively; and 
(2) by inserting after paragraph (20) the following: 
‘‘(21) ‘space support vehicle flight’ means a flight in the 
air that— 
‘‘(A) is not a launch or reentry; but 
‘‘(B) is conducted by a space support vehicle. 
‘‘(22) ‘space support vehicle’ means a vehicle that is— 
‘‘(A) a launch vehicle; 
‘‘(B) a reentry vehicle; or 
‘‘(C) a component of a launch or reentry vehicle.’’. 
(b) SPECIAL RULE FOR CERTAIN AIRCRAFT OPERATIONS.— 
(1) IN GENERAL.—Chapter 447, of title 49, United States 
Code, as amended by this Act, is further amended by adding 
at the end the following: 
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132 STAT. 3398 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘§ 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 oper-
ations. 
‘‘(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 compo-
nent of a launch or reentry vehicle licensed for operations 
pursuant to chapter 509 of title 51; and 
‘‘(D) is used only to simulate space flight conditions 
in support of— 
‘‘(i) training for potential space flight participants, 
government astronauts, or crew (as those terms are 
defined in chapter 509 of title 51); 
‘‘(ii) the testing of hardware to be used in space 
flight; or 
‘‘(iii) research and development tasks, which 
require the unique capabilities of the aircraft con-
ducting 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 experi-
mental certificate under which the person is operating the 
space support vehicle prohibits the carriage of persons or prop-
erty 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 condi-
tions 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.’’. 
49 USC 
prec. 44701. 
49 USC 44737. 
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132 STAT. 3399 
PUBLIC LAW 115–254—OCT. 5, 2018 
(3) RULE OF CONSTRUCTION RELATING TO ROLE OF NASA.— 
Nothing in this subsection shall be construed as limiting the 
ability of National Aeronautics and Space Administration 
(NASA) to place conditions on or otherwise qualify the oper-
ations of NASA contractors providing NASA services. 
SEC. 582. PORTABILITY OF REPAIRMAN CERTIFICATES. 
(a) IN GENERAL.—The Administrator shall assign to the Avia-
tion Rulemaking Advisory Committee the task of making rec-
ommendations with respect to the regulatory and policy changes, 
as appropriate, to allow a repairman certificate issued under section 
65.101 of title 14, Code of Federal Regulations, to be portable 
from one employing certificate holder to another. 
(b) ACTION BASED ON RECOMMENDATIONS.—Not later than 1 
year after receiving recommendations under subsection (a), the 
Administrator may take such action as the Administrator considers 
appropriate with respect to those recommendations. 
SEC. 583. UNDECLARED HAZARDOUS MATERIALS PUBLIC AWARENESS 
CAMPAIGN. 
(a) IN GENERAL.—The Secretary of Transportation shall carry 
out a public awareness campaign to reduce the amount of 
undeclared hazardous materials traveling through air commerce. 
(b) CAMPAIGN REQUIREMENTS.—The public awareness campaign 
required under subsection (a) shall do the following: 
(1) Focus on targeting segments of the hazardous materials 
industry with high rates of undeclared shipments through air 
commerce and educate air carriers, shippers, manufacturers, 
and other relevant stakeholders of such segments on properly 
packaging and classifying such shipments. 
(2) Educate the public on proper ways to declare and ship 
hazardous materials, examples of everyday items that are 
considered hazardous materials, and penalties associated with 
intentional shipments of undeclared hazardous materials. 
(c) INTERAGENCY WORKING GROUP.— 
(1) ESTABLISHMENT.—Not later than 30 days after the date 
of enactment of this Act, the Secretary of Transportation shall 
establish an interagency working group to promote collabora-
tion and engagement between the Department of Transpor-
tation and other relevant agencies, and develop recommenda-
tions 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, pas-
senger air carriers, and labor organizations representing pilots 
for cargo and passenger air carriers operating under part 121 
of title 14, Code of Federal Regulations. 
(d) UPDATE.—Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall provide to the 
appropriate committees of Congress an update on the status of 
the public awareness campaign required under subsection (a). 
SEC. 584. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY 
FOR THE PUBLIC BENEFIT. 
Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 
14503) is amended— 
(1) by redesignating subsections (b) through (f) as sub-
sections (c) through (g), respectively; 
49 USC 44701 
note. 
49 USC 44703 
note. 
49 USC 44737 
note. 
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132 STAT. 3400 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 volun-
teer of a volunteer pilot nonprofit organization that arranges flights 
for public benefit shall be liable for harm caused by an act or 
omission of the volunteer on behalf of the organization if, at the 
time of the act or omission, the volunteer— 
‘‘(1) was operating an aircraft in furtherance of the purpose 
of, and acting within the scope of the volunteer’s responsibilities 
on behalf of, the nonprofit organization to provide patient and 
medical transport (including medical transport for veterans), 
disaster relief, humanitarian assistance, or other similar chari-
table 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 con-
scious, flagrant indifference to the rights or safety of the indi-
vidual harmed by the volunteer.’’; and 
(4) in subsection (g)(2), as redesignated, by striking ‘‘(e)’’ 
and inserting ‘‘(f)’’. 
TITLE VI—AVIATION WORKFORCE 
Subtitle A—Youth in Aviation 
SEC. 601. STUDENT OUTREACH REPORT. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
submit to the appropriate committees of Congress a report that 
describes the Administration’s existing outreach efforts, such as 
the STEM Aviation and Space Education Outreach Program, to 
elementary and secondary students who are interested in careers 
in science, technology, engineering, art, and mathematics— 
(1) to prepare and inspire such students for aviation and 
aeronautical careers; and 
(2) to mitigate an anticipated shortage of pilots and other 
aviation professionals. 
SEC. 602. YOUTH ACCESS TO AMERICAN JOBS IN AVIATION TASK 
FORCE. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall establish a Youth Access to American Jobs 
in Aviation Task Force (in this section referred to as the ‘‘Task 
Force’’). 
(b) DUTIES.—Not later than 12 months after its establishment 
under subsection (a), the Task Force shall develop and submit 
to the Administrator recommendations and strategies for the 
Administration to— 
(1) facilitate and encourage high school students in the 
United States, beginning in their junior year, to enroll in and 
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132 STAT. 3401 
PUBLIC LAW 115–254—OCT. 5, 2018 
complete career and technical education courses, including 
STEM, that would prepare them to enroll in a course of study 
related to an aviation career at an institution of higher edu-
cation, including a community college or trade school; 
(2) facilitate and encourage the students described in para-
graph (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 com-
plete 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 sta-
tions; and other aviation stakeholders can coordinate efforts 
to support youth in pursuing careers in aviation; 
(3) identify methods of enhancing aviation apprenticeships, 
job skills training, mentorship, education, and outreach pro-
grams that are exclusive to youth in the United States; and 
(4) identify potential sources of government and private 
sector funding, including grants and scholarships, that may 
be used to carry out the recommendations and strategies 
described in subsection (b) and to support youth in pursuing 
careers in aviation. 
(d) REPORT.—Not later than 30 days after submission of the 
recommendations and strategies under subsection (b), the Task 
Force shall submit to the appropriate committees of Congress a 
report outlining such recommendations and strategies. 
(e) COMPOSITION
OF TASK FORCE.—The Administrator shall 
appoint members of the Task Force, including representatives from 
the following: 
(1) Air carriers. 
(2) Aircraft, powerplant, and avionics manufacturers. 
(3) Aircraft repair stations. 
(4) Local educational agencies or high schools. 
(5) Institutions of higher education, including community 
colleges and aviation trade schools. 
(6) Such other aviation and educational stakeholders and 
experts as the Administrator considers appropriate. 
(f) PERIOD OF APPOINTMENT.—Members shall be appointed to 
the Task Force for the duration of the existence of the Task Force. 
(g) COMPENSATION.—Task Force members shall serve without 
compensation. 
(h) SUNSET.—The Task Force shall terminate upon the sub-
mittal 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). 
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132 STAT. 3402 
PUBLIC LAW 115–254—OCT. 5, 2018 
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, tech-
nology, engineering, and mathematics education, and mentorship 
programs, to encourage and support female students and aviators 
to pursue a career in aviation. 
SEC. 612. SUPPORTING WOMEN’S INVOLVEMENT IN THE AVIATION 
FIELD. 
(a) ADVISORY BOARD.—To encourage women and girls to enter 
the field of aviation, the Administrator of the Federal Aviation 
Administration shall create and facilitate the Women in Aviation 
Advisory Board (referred to in this section as the ‘‘Board’’), with 
the objective of promoting organizations and programs that are 
providing education, training, mentorship, outreach, and recruit-
ment of women into the aviation industry. 
(b) COMPOSITION.—The Board shall consist of members whose 
diverse background and expertise allow them to contribute balanced 
points of view and ideas regarding the strategies and objectives 
set forth in subsection (f). 
(c) SELECTION.—Not later than 9 months after the date of 
enactment of this Act, the Administrator shall appoint members 
of the Board, including representatives from the following: 
(1) Major airlines and aerospace companies. 
(2) Nonprofit organizations within the aviation industry. 
(3) Aviation business associations. 
(4) Engineering business associations. 
(5) United States Air Force Auxiliary, Civil Air Patrol. 
(6) Institutions of higher education and aviation trade 
schools. 
(d) PERIOD OF APPOINTMENT.—Members shall be appointed to 
the Board for the duration of the existence of the Board. 
(e) COMPENSATION.—Board members shall serve without com-
pensation. 
(f) DUTIES.—Not later than 18 months after the date of enact-
ment of this Act, the Board shall present a comprehensive plan 
for strategies the Administration can take, which include the fol-
lowing objectives: 
(1) Identifying industry trends that directly or indirectly 
encourage or discourage women from pursuing careers in avia-
tion. 
(2) Coordinating the efforts of airline companies, nonprofit 
organizations, and aviation and engineering associations to 
facilitate support for women pursuing careers in aviation. 
(3) Creating opportunities to expand existing scholarship 
opportunities for women in the aviation industry. 
(4) Enhancing aviation training, mentorship, education, 
and outreach programs that are exclusive to women. 
(g) REPORTS.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Board shall submit a report 
outlining the comprehensive plan for strategies pursuant to 
subsection (f) to the Administrator and the appropriate commit-
tees of Congress. 
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132 STAT. 3403 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) AVAILABILITY ONLINE.—The Administrator shall make 
the report publicly available online and in print. 
(h) SUNSET.—The Board shall terminate upon the submittal 
of the report pursuant to subsection (g). 
Subtitle C—Future of Aviation Workforce 
SEC. 621. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE. 
(a) FINDINGS.—Congress finds that— 
(1) in 2016, United States air carriers carried a record 
high number of passengers on domestic flights, 719 million 
passengers; 
(2) the United States aerospace and defense industry 
employed 1.7 million workers in 2015, or roughly 2 percent 
of the Nation’s total employment base; 
(3) the average salary of an employee in the aerospace 
and defense industry is 44 percent above the national average; 
(4) in 2015, the aerospace and defense industry contributed 
nearly $202.4 billion in value added to the United States 
economy; 
(5) an effective aviation industry relies on individuals with 
unique skill sets, many of which can be directly obtained 
through career and technical education opportunities; and 
(6) industry and the Federal Government have taken some 
actions to attract qualified individuals to careers in aviation 
and aerospace and to retain qualified individuals in such 
careers. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) public and private education institutions should make 
available to students and parents information on approved 
programs of study and career pathways, including career explo-
ration, work-based learning opportunities, dual and concurrent 
enrollment opportunities, and guidance and advisement 
resources; 
(2) public and private education institutions should partner 
with aviation and aerospace companies to promote career paths 
available within the industry and share information on the 
unique benefits and opportunities the career paths offer; 
(3) aviation companies, including air carriers, manufactur-
ers, 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 individ-
uals to gain the critical skills needed to thrive in such profes-
sions; 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. 
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132 STAT. 3404 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 individ-
uals pursuing a career in the aviation or aerospace industry, 
including barriers to entry into the workforce; and 
(3) to identify methods to increase the future supply of 
individuals in the aviation and aerospace workforce, including 
best practices or programs to incentivize, recruit, and retain 
young people in aviation and aerospace professions. 
(b) CONSULTATION.—The Comptroller General shall conduct the 
study in consultation with— 
(1) appropriate Federal agencies; and 
(2) the aviation and aerospace industry, institutions of 
higher education, and labor stakeholders. 
(c) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General shall submit 
to the appropriate committees of Congress a report on the results 
of the study and related recommendations. 
SEC. 623. SENSE OF CONGRESS ON HIRING VETERANS. 
It is the sense of Congress that the aviation industry, including 
certificate holders under parts 121, 135, and 145 of title 14, Code 
of Federal Regulations, should hire more of the Nation’s veterans. 
SEC. 
624. 
AVIATION 
MAINTENANCE 
INDUSTRY 
TECHNICAL 
WORKFORCE. 
(a) REGULATIONS.—Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue a final rule to modernize training pro-
grams at aviation maintenance technician schools governed by part 
147 of title 14, Code of Federal Regulations. 
(b) GUIDANCE.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator shall coordinate with govern-
ment, educational institutions, labor organizations representing 
aviation maintenance workers, and businesses to develop and pub-
lish 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 avi-
onics, 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 mainte-
nance technician airman certification standards as necessary 
to reflect current technology and maintenance practices; and 
(2) publish updates to the guidance or model curricula 
required under subsection (b) at least once every 2 years, as 
necessary, from the date of initial publication. 
(d) REPORT TO CONGRESS.—If the Administrator does not issue 
such final rule by the deadline specified in subsection (a), the 
Administrator shall, not later than 30 days after such deadline, 
submit to the appropriate committees of Congress a report con-
taining— 
49 USC 44515 
note. 
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132 STAT. 3405 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Classifica-
tion system with regard to the aviation profession, particularly 
technical workers in the aviation maintenance industry; 
(2) analyze how changes to the Federal employment classi-
fication of aviation maintenance industry workers might affect 
government data on unemployment rates and wages; 
(3) analyze how changes to the Federal employment classi-
fication of aviation maintenance industry workers might affect 
projections for future aviation maintenance industry workforce 
needs and project technical worker shortfalls; 
(4) analyze the impact of Federal regulation, including 
Federal Aviation Administration oversight of certification, 
testing, and education programs, on employment of technical 
workers in the aviation maintenance industry; 
(5) develop recommendations on how Federal Aviation 
Administration regulations and policies could be improved to 
modernize training programs at aviation maintenance technical 
schools and address aviation maintenance industry needs for 
technical workers; 
(6) develop recommendations for better coordinating actions 
by government, educational institutions, and businesses to sup-
port workforce growth in the aviation maintenance industry; 
and 
(7) develop recommendations for addressing the needs for 
government 
funding, 
private 
investment, 
equipment 
for 
training purposes, and other resources necessary to strengthen 
existing training programs or develop new training programs 
to support workforce growth in the aviation industry. 
(g) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to the appropriate 
committees of Congress a report on the results of the study. 
(h) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) AVIATION MAINTENANCE INDUSTRY.—The term ‘‘aviation 
maintenance industry’’ means repair stations certificated under 
part 145 of title 14, Code of Federal Regulations. 
(2) TECHNICAL
WORKER.—The term ‘‘technical worker’’ 
means an individual authorized under part 43 of title 14, Code 
of Federal Regulations, to maintain, rebuild, alter, or perform 
preventive maintenance on an aircraft, airframe, aircraft 
engine, propeller, appliance, or component part or employed 
by an entity so authorized to perform such a function. 
SEC. 625. AVIATION WORKFORCE DEVELOPMENT PROGRAMS. 
(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish— 
(1) a program to provide grants for eligible projects to 
support the education of future aircraft pilots and the develop-
ment of the aircraft pilot workforce; and 
49 USC 40101 
note. 
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132 STAT. 3406 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 mainte-
nance workforce. 
(b) PROJECT GRANTS.— 
(1) IN GENERAL.—Out of amounts made available under 
section 48105 of title 49, United States Code, not more than 
$5,000,000 for each of fiscal years 2019 through 2023 is author-
ized to be expended to provide grants under the program estab-
lished 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 estab-
lished 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 rep-
resenting aircraft pilots; 
(B) an accredited institution of higher education (as 
defined in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001)) or a high school or secondary school 
(as defined in section 7801 of the Higher Education Act 
of 1965 (20 U.S.C. 7801)); 
(C) a flight school that provides flight training, as 
defined in part 61 of title 14, Code of Federal Regulations, 
or that holds a pilot school certificate under part 141 of 
title 14, Code of Federal Regulations; or 
(D) a State or local governmental entity. 
(2) An application for a grant under the pilot program 
established under subsection (a)(2) shall be submitted, in such 
form as the Secretary may specify, by— 
(A) a holder of a certificate issued under part 21, 
121, 135, or 145 of title 14, Code of Federal Regulations 
or a labor organization representing aviation maintenance 
workers; 
(B) an accredited institution of higher education (as 
defined in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001)) or a high school or secondary school 
(as defined in section 7801 of the Elementary and Sec-
ondary 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 sub-
section (a)(1), an eligible project is a project— 
(A) to create and deliver curriculum designed to provide 
high school students with meaningful aviation education 
that is designed to prepare the students to become aircraft 
pilots, aerospace engineers, or unmanned aircraft systems 
operators; or 
(B) to support the professional development of teachers 
using the curriculum described in subparagraph (A). 
(2) For purposes of the pilot program established under 
subsection (a)(2), an eligible project is a project— 
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132 STAT. 3407 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) to establish new educational programs that teach 
technical skills used in aviation maintenance, including 
purchasing equipment, or to improve existing such pro-
grams; 
(B) to establish scholarships or apprenticeships for 
individuals pursuing employment in the aviation mainte-
nance 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 mainte-
nance, including for members of the Armed Forces; or 
(F) to otherwise enhance aviation maintenance tech-
nical education or the aviation maintenance industry 
workforce. 
(e) GRANT APPLICATION REVIEW.—In reviewing and selecting 
applications for grants under the programs established under sub-
section (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 estab-
lished under subsection (a)(1) will allow participation from a 
diverse collection of public and private schools in rural, subur-
ban, and urban areas. 
Subtitle D—Unmanned Aircraft Systems 
Workforce 
SEC. 631. COMMUNITY AND TECHNICAL COLLEGE CENTERS OF EXCEL-
LENCE IN SMALL UNMANNED AIRCRAFT SYSTEM TECH-
NOLOGY TRAINING. 
(a) DESIGNATION.—Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in consulta-
tion with the Secretary of Education and the Secretary of Labor, 
shall establish a process to designate consortia of public, 2-year 
institutions of higher education as Community and Technical Col-
lege 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 sub-
section (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 consor-
tium shall be able to address education and training requirements 
49 USC 40101 
note. 
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132 STAT. 3408 
PUBLIC LAW 115–254—OCT. 5, 2018 
associated with various types of small unmanned aircraft systems, 
components, and related equipment, including with respect to— 
(1) multirotor and fixed-wing small unmanned aircraft; 
(2) flight systems, radio controllers, components, and 
characteristics of such aircraft; 
(3) routine maintenance, uses and applications, privacy 
concerns, safety, and insurance for such aircraft; 
(4) hands-on flight practice using small unmanned aircraft 
systems and computer simulator training; 
(5) use of small unmanned aircraft systems in various 
industry applications and local, State, and Federal government 
programs and services, including in agriculture, law enforce-
ment, monitoring oil and gas pipelines, natural disaster 
response and recovery, fire and emergency services, and other 
emerging areas; 
(6) Federal policies concerning small unmanned aircraft; 
(7) dual credit programs to deliver small unmanned aircraft 
training opportunities to secondary school students; or 
(8) training with respect to sensors and the processing, 
analyzing, and visualizing of data collected by small unmanned 
aircraft. 
(d) COLLABORATION.—Each Center of Excellence shall seek to 
collaborate with institutions participating in the Alliance for System 
Safety of UAS through Research Excellence of the Federal Aviation 
Administration and with the test ranges defined under section 
44801 of title 49, United States Code, as added by this Act. 
(e) INSTITUTION OF HIGHER EDUCATION.—In this section, the 
term ‘‘institution of higher education’’ has the meaning given the 
term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 
1001). 
SEC. 
632. 
COLLEGIATE 
TRAINING 
INITIATIVE 
PROGRAM 
FOR 
UNMANNED AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall establish a collegiate training initiative pro-
gram relating to unmanned aircraft systems by making new agree-
ments 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 institu-
tions 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. 
49 USC 40101 
note. 
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132 STAT. 3409 
PUBLIC LAW 115–254—OCT. 5, 2018 
TITLE VII—FLIGHT R&D ACT 
Subtitle A—General Provisions 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘FAA Leadership in 
Groundbreaking High-Tech Research and Development Act’’ or the 
‘‘FLIGHT R&D Act’’. 
SEC. 702. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Federal Aviation Administration. 
(2) FAA.—The term ‘‘FAA’’ means the Federal Aviation 
Administration. 
(3) NASA.—The term ‘‘NASA’’ means the National Aero-
nautics and Space Administration. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Transportation. 
SEC. 703. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATIONS.—Section 48102(a) of title 49, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘and, 
for each of fiscal years 2012 through 2015, under subsection 
(g)’’; 
(2) in paragraph (9), by striking ‘‘and’’ at the end; and 
(3) by striking paragraph (10) and inserting the following: 
‘‘(10) $189,000,000 for fiscal year 2018; 
‘‘(11) $194,000,000 for fiscal year 2019; 
‘‘(12) $199,000,000 for fiscal year 2020; 
‘‘(13) $204,000,000 for fiscal year 2021; 
‘‘(14) $209,000,000 for fiscal year 2022; and 
‘‘(15) $214,000,000 for fiscal year 2023.’’. 
(b) RESEARCH PRIORITIES.—Section 48102(b) of title 49, United 
States Code, is amended— 
(1) in paragraph (1), by striking ‘‘consider’’ and inserting 
‘‘prioritize safety in considering’’; 
(2) by striking paragraph (3); 
(3) by redesignating paragraph (2) as paragraph (3); and 
(4) by inserting after paragraph (1) the following: 
‘‘(2) As safety related activities shall be the highest research 
priority, at least 70 percent of the amount appropriated under 
subsection (a) of this section shall be for safety research and 
development projects.’’. 
(c) ANNUAL SUBMISSION OF THE NATIONAL AVIATION RESEARCH 
PLAN.—Section 48102(g) of title 49, United States Code, is amended 
to read as follows: 
‘‘(g) ANNUAL SUBMISSION OF THE NATIONAL AVIATION RESEARCH 
PLAN.—The Administrator shall submit the national aviation 
research plan to Congress no later than the date of submission 
of the President’s budget request to Congress for that fiscal year, 
as required under section 44501(c).’’. 
49 USC 40101 
note. 
49 USC 40101 
note. 
FAA 
Leadership in 
Groundbreaking 
High-Tech 
Research and 
Development Act. 
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132 STAT. 3410 
PUBLIC LAW 115–254—OCT. 5, 2018 
Subtitle B—FAA Research and 
Development Organization 
SEC. 711. ASSISTANT ADMINISTRATOR FOR RESEARCH AND DEVELOP-
MENT. 
(a) APPOINTMENT.—Not later than 3 months after the date 
of enactment of this Act, the Administrator shall appoint an Assist-
ant 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 Adminis-
trator of the Federal Aviation Administration and Congress 
about needs, objectives, plans, approaches, content, and accom-
plishments of all aviation research and development activities 
and programs carried out, including those under sections 40119, 
44504, 44505, 44507, 44511–44513, and 44912 of this title;’’. 
(b) WRITTEN REPLY TO RESEARCH ADVISORY COMMITTEE.—Sec-
tion 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 deci-
sion; 
‘‘(C) sets forth the timeframe in which the Adminis-
trator will implement the recommendation; and 
‘‘(D) describes the steps the Administrator will take 
to implement the recommendation. 
‘‘(2) TRANSPARENCY.—The written reply to the research 
advisory committee, when transmitted to the research advisory 
committee, shall be— 
‘‘(A) made publicly available on the research advisory 
committee website; and 
‘‘(B) transmitted to the Committee on Science, Space, 
and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate. 
49 USC 106 note. 
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132 STAT. 3411 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(3) NATIONAL
AVIATION
RESEARCH
PLAN.—The national 
aviation research plan required under section 44501(c) shall 
include a summary of all research advisory committee rec-
ommendations and a description of the status of their 
implementation.’’. 
Subtitle C—Unmanned Aircraft Systems 
SEC. 721. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOP-
MENT ROADMAP. 
The Secretary shall submit the unmanned aircraft systems 
roadmap to Congress on an annual basis as required under section 
48802(a) of title 49, United States Code, as added by this Act. 
Subtitle D—Cybersecurity and Responses 
to Other Threats 
SEC. 731. CYBER TESTBED. 
Not later than 6 months after the date of enactment of this 
Act, the Administrator shall develop an integrated Cyber Testbed 
for research, development, evaluation, and validation of air traffic 
control modernization technologies, before they enter the national 
airspace system, as being compliant with FAA data security regula-
tions. 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 Fed-
eral Aviation Administration shall jointly complete a study on the 
effect of extreme weather on commercial air travel. 
(b) ELEMENTS.—The study required by subsection (a) shall 
include assessment of the following: 
(1) Whether extreme weather may result in an increase 
in turbulence. 
(2) The effect of extreme weather on current commercial 
air routes. 
(3) The effect of extreme weather on domestic airports, 
air traffic control facilities, and associated facilities. 
Subtitle E—FAA Research and 
Development Activities 
SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW TECH-
NOLOGIES 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 
49 USC 40101 
note. 
49 USC 44802 
note. 
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132 STAT. 3412 
PUBLIC LAW 115–254—OCT. 5, 2018 
a comprehensive research plan for the certification of new tech-
nologies into the national airspace system to the Committee on 
Science, Space, and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate. This plan shall identify research necessary to support 
the certification and implementation of NextGen, including both 
ground and air elements, and explain the plan’s relationship to 
other activities and procedures required for certification and 
implementation of new technologies into the national airspace 
system. This plan shall be informed by the recommendations of 
the National Research Council report titled ‘‘Transformation in 
the Air—A Review of the FAA Research Plan’’, issued on June 
8, 2015. This plan shall include, at a minimum— 
(1) a description of the strategic and prescriptive value 
of the research plan; 
(2) an explanation of the expected outcomes from executing 
the plan; 
(3) an assessment of the FAA’s plan to use research and 
development to improve cybersecurity over the next 5 years; 
(4) an assessment of the current software assurance prac-
tices, and the desired level or attributes to target in the soft-
ware 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 Avia-
tion 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, alter-
native fuels, additive manufacturing, and novel aircraft designs, 
to increase aircraft fuel efficiency. 
(2) SUMMARIES.—The review conducted under paragraph 
(1) shall include summaries of projects and missions to 
examine— 
(A) the effectiveness of such technologies, materials, 
fuels, and aircraft designs to enhance fuel efficiency and 
aerodynamic performance, and reduce drag, weight, noise, 
and fuel consumption; and 
(B) the potential for novel flight pattern planning and 
communications systems to reduce aircraft taxiing and air-
port circling. 
(3) RECOMMENDATIONS.—The review conducted under para-
graph (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 Administra-
tion shall submit to the appropriate committees of Congress a 
report containing the results of the review conducted under sub-
section (a). 
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132 STAT. 3413 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 agree-
ment, using a competitive process, with institutions, entities, or 
consortiums to carry out a program for the development, matura-
tion, 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 estab-
lish 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 PAVE-
MENT 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 agree-
ments with, institutions of higher education and nonprofit organiza-
tions that— 
(1) research concrete and asphalt airfield pavement tech-
nologies 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 invalu-
able in carrying out the varying missions of Federal depart-
ments and agencies, as well as contributing positively to the 
United States economy; and 
43 USC 2801 
note. 
43 USC 2801 
note. 
Geospatial Data 
Act of 2018. 
49 USC 44505 
note. 
49 USC 
prec. 47501. 
49 USC 47511. 
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132 STAT. 3414 
PUBLIC LAW 115–254—OCT. 5, 2018 
(3) over the last 2 decades, Congress has passed legislation 
that promotes greater access and use of Government informa-
tion and data, which has— 
(A) sparked new, innovative start-ups and services; 
(B) spurred economic growth in many sectors, such 
as in the geospatial services; 
(C) advanced scientific research; 
(D) promoted public access to Federally funded services 
and data; and 
(E) improved access to geospatial data for the purposes 
of promoting public health, weather forecasting, economic 
development, 
environmental 
protection, 
flood 
zone 
research, and other purposes. 
SEC. 752. DEFINITIONS. 
In this subtitle— 
(1) the term ‘‘Advisory Committee’’ means the National 
Geospatial Advisory Committee established under section 
754(a); 
(2) the term ‘‘Committee’’ means the Federal Geographic 
Data Committee established under section 753(a); 
(3) the term ‘‘covered agency’’— 
(A) means— 
(i) an Executive department, as defined in section 
101 of title 5, United States Code, that collects, pro-
duces, acquires, maintains, distributes, uses, or pre-
serves geospatial data on paper or in electronic form 
to fulfill the mission of the Executive department, 
either directly or through a relationship with another 
organization, including a State, local government, 
Indian tribe, institution of higher education, business 
partner or contractor of the Federal Government, and 
the public; 
(ii) the National Aeronautics and Space Adminis-
tration; 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 com-
plex geographic features or phenomena; 
(B) may be derived from, among other things, remote 
sensing, mapping, and surveying technologies; 
(C) includes images and raster datasets, aerial photo-
graphs, 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; 
43 USC 2801. 
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132 STAT. 3415 
PUBLIC LAW 115–254—OCT. 5, 2018 
(ii) classified national security-related geospatial 
data and activities of the Department of Defense, 
unless declassified; 
(iii) classified national security-related geospatial 
data and activities of the Department of Energy, unless 
declassified; 
(iv) geospatial data and activities under chapter 
22 of title 10, United States Code, or section 110 of 
the National Security Act of 1947 (50 U.S.C. 3045); 
(v) intelligence geospatial data and activities, as 
determined by the Director of National Intelligence; 
or 
(vi) certain declassified national security-related 
geospatial data and activities of the intelligence 
community, as determined by the Secretary of Defense, 
the Secretary of Energy, or the Director of National 
Intelligence; 
(6) the term ‘‘Indian tribe’’ has the meaning given that 
term under section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b); 
(7) the term ‘‘institution of higher education’’ has the 
meaning given that term under section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002); 
(8) the term ‘‘intelligence community’’ has the meaning 
given that term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003); 
(9) the term ‘‘lead covered agency’’ means a lead covered 
agency for a National Geospatial Data Asset data theme des-
ignated under section 756(b)(1); 
(10) the term ‘‘local government’’ means any city, county, 
township, town, borough, parish, village, or other general pur-
pose 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 collec-
tion, and other characteristics or descriptions of the geospatial 
data; 
(12) the term ‘‘National Geospatial Data Asset data theme’’ 
means the National Geospatial Data Asset core geospatial 
datasets (including electronic records and coordinates) relating 
to a topic or subject designated under section 756; 
(13) the term ‘‘National Spatial Data Infrastructure’’ means 
the technology, policies, criteria, standards, and employees nec-
essary to promote geospatial data sharing throughout the Fed-
eral 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 activi-
ties 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 
43 USC 2802. 
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132 STAT. 3416 
PUBLIC LAW 115–254—OCT. 5, 2018 
review of policies, practices, and standards relating to geospatial 
data. 
(b) MEMBERSHIP.— 
(1) CHAIRPERSON AND VICE CHAIRPERSON.—The Secretary 
of the Interior and the Director of the Office of Management 
and Budget shall serve as Chairperson of the Committee and 
Vice Chairperson of the Committee, respectively. 
(2) OTHER MEMBERS.— 
(A) IN GENERAL.—The head of each covered agency 
and the Director of the National Geospatial-Intelligence 
Agency shall each designate a representative of their 
respective agency to serve as a member of the Committee. 
(B) REQUIREMENT
FOR
APPOINTMENTS.—An officer 
appointed to serve as a member of the Committee shall 
hold a position as an assistant secretary, or an equivalent 
position, or a higher ranking position. 
(3) GUIDANCE.—Not later than 1 year after the date of 
enactment of this Act, and as needed thereafter, the Director 
of the Office of Management and Budget shall update guidance 
with respect to membership of the Committee and the roles 
of members of the Committee. 
(c) DUTIES.—The Committee shall— 
(1) lead the development and management of and oper-
ational decision making for the National Spatial Data Infra-
structure strategic plan and geospatial data policy in accordance 
with section 755; 
(2) designate National Geospatial Data Asset data themes 
and oversee the coordinated management of the National 
Geospatial Data Asset data themes in accordance with section 
756; 
(3) establish and maintain geospatial data standards in 
accordance with section 757; 
(4) periodically review and determine the extent to which 
covered agencies comply with geospatial data standards; 
(5) ensure that the GeoPlatform operates in accordance 
with section 758; 
(6) direct and facilitate national implementation of the 
system of National Geospatial Data Asset data themes; 
(7) communicate with and foster communication among 
covered agencies and other entities and individuals relating 
to geospatial data technology development, transfer, and 
exchange in order to— 
(A) identify and meet the needs of users of geospatial 
data; 
(B) promote cost-effective data collection, documenta-
tion, maintenance, distribution, and preservation strate-
gies; and 
(C) leverage Federal and non-Federal resources, such 
as promoting Federal shared services and cross-agency 
coordination for marketplace solutions; 
(8) define roles and responsibilities and promote and guide 
cooperation and coordination among agencies of the Federal 
Government, State, tribal, and local governments, institutions 
of higher education, and the private sector in the collection, 
production, sharing, and use of geospatial information, the 
implementation of the National Spatial Data Infrastructure, 
and the identification of proven practices; 
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132 STAT. 3417 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 cov-
ered agency in achieving the requirements under sub-
paragraphs (A), (B), (C), and (D) of section 756(b)(3); 
and 
(ii) a determination of whether, for each of sub-
paragraphs (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 expecta-
tions; 
(B) a summary and evaluation of the achievements 
of each covered agency, based on the annual report sub-
mitted 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 para-
graphs (1) through (13) of section 759(a); 
(C) a collection of periodic technical publications, 
management articles, and reports related to the National 
Spatial Data Infrastructure; and 
(D) a membership directory for the Committee, 
including identifying members of any subcommittee or 
working group of the Committee; 
(11)(A) make available to and request comments from the 
Advisory Committee regarding the summaries and evaluations 
required under subparagraphs (A) and (B) of paragraph (10); 
(B) if requested by the Advisory Committee, respond to 
any comments by the Advisory Committee; and 
(C) not less than once every 2 years, submit to Congress 
a report that includes the summaries and evaluations required 
under subparagraphs (A) and (B) of paragraph (10), the com-
ments of the Advisory Committee, and the responses of the 
Committee to the comments; 
(12)(A) make available to and request comments from cov-
ered 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 represen-
tation 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. 
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132 STAT. 3418 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 754. NATIONAL GEOSPATIAL ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—The Secretary of the Interior shall estab-
lish within the Department of the Interior the National Geospatial 
Advisory Committee to provide advice and recommendations to 
the Chairperson of the Committee. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Advisory Committee shall be com-
posed of not more than 30 members, at least one of which 
will be from the National Geospatial-Intelligence Agency, who 
shall— 
(A) be appointed by the Chairperson of the Committee; 
(B) be selected— 
(i) to generally achieve a balanced representation 
of the viewpoints of various interested parties involved 
in national geospatial activities and the development 
of the National Spatial Data Infrastructure; and 
(ii) with consideration of a geographic balance of 
residence of the members; and 
(C) be selected from among groups involved in the 
geospatial community, including— 
(i) States; 
(ii) local governments; 
(iii) regional governments; 
(iv) tribal governments; 
(v) private sector entities; 
(vi) geospatial information user industries; 
(vii) professional associations; 
(viii) scholarly associations; 
(ix) nonprofit organizations; 
(x) academia; 
(xi) licensed geospatial data acquisition profes-
sionals; 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 Com-
mittee shall not affect its powers, but shall be filled in 
the same manner as the original appointment. 
(4) LIMIT
ON
TERMS.—Except for the member from the 
National Geospatial-Intelligence Agency, an individual— 
(A) may not be appointed to more than 2 consecutive 
terms as a member of the Advisory Committee; and 
(B) after serving for 2 consecutive terms, is eligible 
to be appointed as a member of the Advisory Committee 
on and after the date that is 2 years after the end of 
the second consecutive term of the individual as a member 
of the Advisory Committee. 
(5) ETHICAL REQUIREMENTS.—A member of the Advisory 
Committee may not participate in any specific-party matter 
(including a lease, license, permit, contract, claim, agreement, 
or related litigation) with the Department of the Interior in 
which the member has a direct financial interest. 
(6) INCUMBENTS.— 
43 USC 2803. 
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132 STAT. 3419 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 consid-
ered a period of service as a member of the Advisory 
Committee for purposes of paragraph (4). 
(c) SUBCOMMITTEES.—A subcommittee of the Advisory Com-
mittee— 
(1) may be formed for the purposes of compiling information 
or conducting research; 
(2) shall be composed of members appointed by the Chair-
person of the Advisory Committee; 
(3) shall act under the direction of the Chairperson of 
the Advisory Committee and the officer or employee designated 
under section 10(e) of the Federal Advisory Committee Act 
(5 U.S.C. App.) with respect to the Advisory Committee; 
(4) shall report the recommendations of the subcommittee 
to the Advisory Committee for consideration; and 
(5) shall meet as necessary to accomplish the objectives 
of the subcommittee, subject to the approval of the Chairperson 
of the Advisory Committee and the availability of resources. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Advisory Committee shall meet at 
the call of the Chairperson, not less than 1 time each year 
and not more than 4 times each year. 
(2) QUORUM.—A majority of the members of the Advisory 
Committee shall constitute a quorum, but a lesser number 
of members may hold meetings or hearings. 
(e) DUTIES OF THE ADVISORY COMMITTEE.—The Advisory Com-
mittee 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 Infra-
structure; and 
(C) implementation of this subtitle; 
(2) review and comment on geospatial policy and manage-
ment issues; and 
(3) ensure the views of representatives of non-Federal 
interested parties involved in national geospatial activities are 
conveyed to the Committee. 
(f) POWERS OF THE ADVISORY COMMITTEE.— 
(1) 
MEETINGS.—The 
Advisory 
Committee 
may 
hold 
meetings (which shall be open to the public) and sit and act 
at such times and places as the Advisory Committee considers 
advisable to carry out this subtitle. 
(2) INFORMATION FROM COVERED AGENCIES.— 
(A) IN GENERAL.—The Advisory Committee, with the 
concurrence of the Chairperson of the Committee, may 
secure directly from any covered agency such information 
as the Advisory Committee considers necessary to carry 
out this subtitle. Upon request of the Chairperson of the 
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132 STAT. 3420 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 sub-
mitted 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 compensa-
tion. 
(B) FEDERAL EMPLOYEES.—A member of the Advisory 
Committee who is an officer or employee of the Federal 
Government shall serve without compensation in addition 
to the compensation received for the services of the member 
as an officer or employee of the Federal Government. 
(2) TRAVEL EXPENSES.—The members of the Advisory Com-
mittee 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 estab-
lished by the Committee under section 753(d) shall provide 
administrative support to the Advisory Committee. 
(h) APPLICABILITY OF FACA.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Federal Advisory Committee Act (5 U.S.C. App.) shall apply 
to the Advisory Committee. 
(2) NO
TERMINATION.—Section 14(a)(2) of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the Advisory Committee. 
(i) TERMINATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Advisory Committee shall terminate 10 years after the date 
of enactment of this Act. 
(2) CONTINUATION.—The Advisory Committee may be 
continued for successive 10-year periods by action taken by 
the Secretary of the Interior to renew the Advisory Committee 
before the date on which the Advisory Committee would other-
wise terminate. 
SEC. 755. NATIONAL SPATIAL DATA INFRASTRUCTURE. 
(a) IN GENERAL.—The National Spatial Data Infrastructure 
shall ensure that geospatial data from multiple sources (including 
43 USC 2804. 
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132 STAT. 3421 
PUBLIC LAW 115–254—OCT. 5, 2018 
the covered agencies, State, local, and tribal governments, the pri-
vate 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 Infrastruc-
ture are to— 
(1) ensure— 
(A) that geospatial data are reviewed prior to disclosure 
to ensure— 
(i) compliance with section 552a of title 5 (com-
monly known as the ‘‘Privacy Act of 1974’’); and 
(ii) that personally identifiable information is not 
disclosed, which shall include an assessment of re- 
identification risk when determining what data con-
stitute 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 Fed-
eral information systems and data to enable the drawing 
of resources from covered agencies and partners of covered 
agencies; and 
(2) support and advance the establishment of a Global 
Spatial Data Infrastructure, consistent with national security, 
national defense, national intelligence, and international trade 
requirements, including ensuring that covered agencies develop 
international geospatial data in accordance with international 
voluntary consensus standards, as defined in Office of Manage-
ment and Budget Circular A–119, or any successor thereto. 
(c) STRATEGIC PLAN.—The Committee shall prepare and main-
tain 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 prepared-
ness 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 Infrastruc-
ture. 
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 dissemi-
nation 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 des-
ignated to meet recognized standards; 
43 USC 2805. 
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132 STAT. 3422 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 per-
sonnel), 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 par-
ticular emphasis on a data content standard for the 
National Geospatial Data Asset data theme, including by— 
(i) assessing existing standards; 
(ii) identifying anticipated or needed data stand-
ards; and 
(iii) developing a plan to originate and implement 
needed standards with relevant community and inter-
national practices— 
(I) in accordance with Office of Management 
and Budget Circular A–119, or any successor 
thereto; and 
(II) consistent with or as a part of the plan 
described in subparagraph (B); 
(B) provide leadership and facilitate the development 
and implementation of a plan for nationwide population 
of the National Geospatial Data Asset data theme, which 
shall— 
(i) include developing partnership programs with 
States, Indian tribes, institutions of higher education, 
private sector entities, other Federal agencies, and 
local governments; 
(ii) meet the needs of users of geospatial data; 
(iii) address human and financial resource needs; 
(iv) identify needs relating to standards, metadata 
for geospatial data within the National Geospatial Data 
Asset data theme, and the GeoPlatform; and 
(v) expedite the development of necessary National 
Geospatial Data Asset data themes; 
(C) establish goals that support the strategic plan for 
the National Spatial Data Infrastructure prepared under 
section 755(c); 
(D) as necessary, collect and analyze information from 
users of geospatial data within the National Geospatial 
Data Asset data theme regarding the needs of the users 
for geospatial data and incorporate the needs of users 
in strategies relating to the National Geospatial Data Asset 
data theme; and 
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132 STAT. 3423 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 dissemi-
nating data using the GeoPlatform; 
(ii) submit to the Committee— 
(I) a performance report, at least annually, 
that documents the activities relating to and 
implementation of the National Geospatial Data 
Asset data theme, including progress in achieving 
the requirements under subparagraphs (A), (B), 
(C), and (D); and 
(II) comments, as appropriate, regarding the 
summary and evaluation of the performance report 
provided 
by 
the 
Committee 
under 
section 
753(c)(12); 
(iii) publish maps or comparable graphics online 
(in accordance with the mapping conventions specified 
by the Committee) showing the extent and status of 
the National Geospatial Data Asset data themes for 
which the covered agency is a lead covered agency; 
(iv) encourage individuals and entities that are 
a source of geospatial data or metadata for geospatial 
data for the National Geospatial Data Asset data 
theme to provide access to such data through the 
GeoPlatform; 
(v) coordinate with the GeoPlatform; and 
(vi) identify and publish proven practices for the 
use and application of geospatial data of the lead cov-
ered agency. 
SEC. 757. GEOSPATIAL DATA STANDARDS. 
(a) IN GENERAL.—In accordance with section 216 of the E- 
Government Act of 2002 (44 U.S.C. 3501 note), the Committee 
shall establish standards for each National Geospatial Data Asset 
data theme, which— 
(1) shall include— 
(A) rules, conditions, guidelines, and characteristics 
for the geospatial data within the National Geospatial Data 
Asset data theme and related processes, technology, and 
organization; and 
(B) content standards for metadata for geospatial data 
within the National Geospatial Data Asset data theme; 
(2) to the maximum extent practicable, shall be consistent 
with international standards and protocols; 
(3) shall include universal data standards that shall be 
acceptable for the purposes of declassified intelligence commu-
nity data; and 
(4) the Committee shall periodically review and update 
as necessary for the standards to remain current, relevant, 
and effective. 
(b) DEVELOPMENT OF STANDARDS.—The Committee shall— 
(1) develop and promulgate standards under this section— 
(A) in accordance with Office of Management and 
Budget Circular A–119, or any successor thereto; and 
43 USC 2806. 
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132 STAT. 3424 
PUBLIC LAW 115–254—OCT. 5, 2018 
(B) after consultation with a broad range of data users 
and providers; 
(2) to the maximum extent possible, use national and inter-
national 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 Intel-
ligence. 
SEC. 758. GEOPLATFORM. 
(a) IN GENERAL.—The Committee shall operate an electronic 
service that provides access to geospatial data and metadata for 
geospatial data to the general public, to be known as the 
GeoPlatform. 
(b) IMPLEMENTATION.— 
(1) IN GENERAL.—The GeoPlatform— 
(A) shall— 
(i) be available through the internet and other 
communications means; 
(ii) be accessible through a common interface; 
(iii) include metadata for all geospatial data col-
lected by covered agencies, directly or indirectly; 
(iv) include download access to all open geospatial 
data directly or indirectly collected by covered agencies; 
and 
(v) include a set of programming instructions and 
standards providing an automated means of accessing 
available geospatial data, which— 
(I) harmonize sources and data standards 
associated 
with 
geospatial 
data, 
including 
metadata; and 
(II) to the maximum extent practicable, as 
determined by the Chairperson of the Committee, 
shall be made publicly available; 
(B) may include geospatial data from a source other 
than a covered agency, if determined appropriate by the 
Committee; and 
(C) shall not store or serve proprietary information 
or data acquired under a license by the Federal Govern-
ment, unless authorized by the data provider. 
(2) MANAGING
PARTNER.—The Chairperson of the Com-
mittee 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 
43 USC 2807. 
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132 STAT. 3425 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) targeted to information consumers that directly inter-
face with the services, portals, or other mechanisms of the 
covered agency. 
SEC. 759. COVERED AGENCY RESPONSIBILITIES. 
(a) IN GENERAL.—Each covered agency shall— 
(1) prepare, maintain, publish, and implement a strategy 
for advancing geographic information and related geospatial 
data and activities appropriate to the mission of the covered 
agency, in support of the strategic plan for the National Spatial 
Data Infrastructure prepared under section 755(c); 
(2) collect, maintain, disseminate, and preserve geospatial 
data such that the resulting data, information, or products 
can be readily shared with other Federal agencies and non- 
Federal users; 
(3) promote the integration of geospatial data from all 
sources; 
(4) ensure that data information products and other records 
created in geospatial data and activities are included on agency 
record schedules that have been approved by the National 
Archives and Records Administration; 
(5) allocate resources to fulfill the responsibilities of effec-
tive geospatial data collection, production, and stewardship with 
regard to related activities of the covered agency, and as nec-
essary to support the activities of the Committee; 
(6) use the geospatial data standards, including the stand-
ards for metadata for geospatial data, and other appropriate 
standards, including documenting geospatial data with the rel-
evant metadata and making metadata available through the 
GeoPlatform; 
(7) coordinate and work in partnership with other Federal 
agencies, agencies of State, tribal, and local governments, 
institutions of higher education, and the private sector to effi-
ciently and cost-effectively collect, integrate, maintain, dissemi-
nate, 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 deter-
mine if existing Federal, State, local, or private geospatial 
data meets the needs of the covered agency before expending 
funds for geospatial data collection; 
(12) to the maximum extent practicable, ensure that a 
person receiving Federal funds for geospatial data collection 
provides high-quality data; and 
43 USC 2808. 
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132 STAT. 3426 
PUBLIC LAW 115–254—OCT. 5, 2018 
(13) appoint a contact to coordinate with the lead covered 
agencies for collection, acquisition, maintenance, and dissemi-
nation of the National Geospatial Data Asset data themes 
used by the covered agency. 
(b) REPORTING.— 
(1) IN GENERAL.—Each covered agency shall submit to the 
Committee an annual report regarding the achievements of 
the covered agency in preparing and implementing the strategy 
described in subsection (a)(1) and complying with the other 
requirements under subsection (a). 
(2) BUDGET SUBMISSION.—Each covered agency shall— 
(A) include geospatial data in preparing the budget 
submission of the covered agency to the President under 
sections 1105(a) and 1108 of title 31, United States Code; 
(B) maintain an inventory of all geospatial data assets 
in accordance with OMB Circular A–130, or any successor 
thereto; and 
(C) prepare an annual report to Congress identifying 
Federal-wide geospatial data assets, as defined in OMB 
Circular A–16, as set forth in OMB memo M–11–03, 
Issuance of OMB Circular A–16 Supplemental Guidance 
(November 10, 2010), or any successor thereto. 
(3) DISCLOSURE.—Each covered agency shall disclose each 
contract, cooperative agreement, grant, or other transaction 
that deals with geospatial data, which may include posting 
information relating to the contract, cooperative agreement, 
grant, or other transaction on www.USAspending.gov and 
www.itdashboard.gov, or any successors thereto. 
(4) OMB REVIEW.—In reviewing the annual budget jus-
tifications submitted by covered agencies, the Office of Manage-
ment 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 Infra-
structure in each E-Government status report submitted under 
section 3606 of title 44, United States Code. 
(c) AUDITS.—Not less than once every 2 years, the inspector 
general of a covered agency (or senior ethics official of the covered 
agency for a covered agency without an inspector general) shall 
submit to Congress an audit of the collection, production, acquisi-
tion, 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 require-
ments under subsection (a); and 
(3) the compliance of the covered agency on the limitation 
on the use of Federal funds under section 759A. 
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132 STAT. 3427 
PUBLIC LAW 115–254—OCT. 5, 2018 
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, mainte-
nance, or dissemination of geospatial data that does not comply 
with the applicable standards established under section 757, as 
determined by the Committee. 
(c) EXCEPTION FOR EXISTING GEOSPATIAL DATA.—On and after 
the implementation date, a covered agency may use Federal funds 
to maintain and disseminate geospatial data that does not comply 
with the applicable standards established under section 757 if the 
geospatial data was collected, produced, or acquired by the covered 
agency before the implementation date. 
(d) WAIVER.— 
(1) IN GENERAL.—The Chairperson of the Committee may 
grant a waiver of the limitation under subsection (b), upon 
a request from a covered agency submitted in accordance with 
paragraph (2). 
(2) REQUIREMENTS.—A request for a waiver under para-
graph (1) shall— 
(A) be submitted not later than 30 days before the 
implementation date; 
(B) provide a detailed explanation of the reasons for 
seeking a waiver; 
(C) provide a detailed plan to achieve compliance with 
the applicable standards established under section 757; 
and 
(D) provide the date by which the covered agency shall 
achieve compliance with the applicable standards estab-
lished under section 757. 
(e) BEST EFFORTS
TO COMPLY DURING TRANSITION.—During 
the period beginning on the date on which standards for a National 
Geospatial Data Asset data theme are established under section 
757 and ending on the implementation date, each covered agency, 
to the maximum extent practicable, shall collect, produce, acquire, 
maintain, and disseminate geospatial data within the National 
Geospatial Data Asset data theme in accordance with the standards. 
SEC. 759B. SAVINGS PROVISION. 
Nothing in this subtitle shall repeal, amend, or supersede any 
existing law unless specifically provided in this subtitle. 
SEC. 759C. PRIVATE SECTOR. 
The Committee and each covered agency may, to the maximum 
extent practical, rely upon and use the private sector in the United 
States for the provision of geospatial data and services. 
Subtitle G—Miscellaneous 
SEC. 761. NEXTGEN RESEARCH. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator shall submit to the Committee on Science, 
Space, and Technology and the Committee on Transportation and 
43 USC 2811. 
43 USC 2810. 
43 USC 2809. 
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132 STAT. 3428 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 struc-
tures. 
‘‘(b) RESPONSIBILITIES.—The Center shall— 
‘‘(1) promote and facilitate collaboration among academia, 
the Transportation Division of the Federal Aviation Administra-
tion, and the commercial aircraft industry, including manufac-
turers, commercial air carriers, and suppliers; and 
‘‘(2) establish goals set to advance technology, improve 
engineering practices, and facilitate continuing education in 
relevant areas of study.’’. 
(b) TABLE OF CONTENTS.—The table of contents for chapter 
445 of title 49, United States Code, is amended by adding at 
the end the following: 
‘‘44518. Advanced Materials Center of Excellence.’’. 
TITLE VIII—AVIATION REVENUE 
PROVISIONS 
SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY 
TRUST FUND. 
(a) IN GENERAL.—Section 9502(d)(1) of the Internal Revenue 
Code of 1986 is amended— 
(1) in the matter preceding subparagraph (A) by striking 
‘‘October 1, 2018’’ and inserting ‘‘October 1, 2023’’; and 
(2) in subparagraph (A) by striking the semicolon at the 
end and inserting ‘‘or the FAA Reauthorization Act of 2018;’’. 
(b) CONFORMING AMENDMENT.—Section 9502(e)(2) of such Code 
is amended by striking ‘‘October 1, 2018’’ and inserting ‘‘October 
1, 2023’’. 
SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY 
TRUST FUND. 
(a) FUEL TAXES.—Section 4081(d)(2)(B) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘September 30, 2018’’ and 
inserting ‘‘September 30, 2023’’. 
26 USC 4081. 
26 USC 9502. 
49 USC 
prec. 44501. 
49 USC 44518. 
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132 STAT. 3429 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) TICKET TAXES.— 
(1) PERSONS.—Section 4261(k)(1)(A)(ii) of such Code is 
amended by striking ‘‘September 30, 2018’’ and inserting ‘‘Sep-
tember 30, 2023’’. 
(2) PROPERTY.—Section 4271(d)(1)(A)(ii) of such Code is 
amended by striking ‘‘September 30, 2018’’ and inserting ‘‘Sep-
tember 30, 2023’’. 
(c) FRACTIONAL OWNERSHIP PROGRAMS.— 
(1) FUEL TAX.—Section 4043(d) of such Code is amended 
by striking ‘‘September 30, 2021’’ and inserting ‘‘September 
30, 2023’’. 
(2) TREATMENT
AS
NONCOMMERCIAL
AVIATION.—Section 
4083(b) of such Code is amended by striking ‘‘October 1, 2018’’ 
and inserting ‘‘October 1, 2023’’. 
(3) EXEMPTION FROM TICKET TAXES.—Section 4261(j) of such 
Code is amended by striking ‘‘September 30, 2018’’ and 
inserting ‘‘September 30, 2023’’. 
DIVISION 
C—NATIONAL 
TRANSPOR-
TATION SAFETY BOARD REAUTHOR-
IZATION ACT OF 2018 
SEC. 1101. SHORT TITLE. 
This division may be cited as the ‘‘National Transportation 
Safety Board Reauthorization Act’’. 
SEC. 1102. DEFINITIONS. 
In this division, the following definitions apply: 
(1) BOARD.—The term ‘‘Board’’ means the National 
Transportation Safety Board. 
(2) CHAIRMAN.—The term ‘‘Chairman’’ means the Chairman 
of the National Transportation Safety Board. 
(3) MOST
WANTED
LIST.—The term ‘‘Most Wanted List’’ 
means the Board publication entitled ‘‘Most Wanted List’’. 
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS. 
Section 1118(a) of title 49, United States Code, is amended 
to read as follows: 
‘‘(a) IN GENERAL.—There are authorized to be appropriated 
for the purposes of this chapter $111,400,000 for fiscal year 2019, 
$112,400,000 for fiscal year 2020, $113,400,000 for fiscal year 2021, 
and $114,400,000 for fiscal year 2022. Such sums shall remain 
available until expended.’’. 
SEC. 1104. STILL IMAGES. 
(a) STILL IMAGES, VOICE RECORDERS, AND VIDEO RECORDERS.— 
(1) 
COCKPIT
RECORDINGS
AND
TRANSCRIPTS.—Section 
1114(c) of title 49, United States Code, is amended— 
(A) by redesignating paragraph (2) as paragraph (3); 
(B) in paragraph (3), as so redesignated, by inserting 
‘‘REFERENCES
TO
INFORMATION
IN
MAKING
SAFETY
REC-
OMMENDATIONS.—’’ 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 
49 USC 41101 
note. 
49 USC 40101 
note. 
National 
Transportation 
Safety Board 
Reauthorization 
Act. 
26 USC 4261. 
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132 STAT. 3430 
PUBLIC LAW 115–254—OCT. 5, 2018 
(ii) by amending the second sentence to read as 
follows: 
‘‘(2) EXCEPTION.—Subject to subsections (b) and (g), the 
Board shall make public any part of a transcript, any written 
depiction of visual information obtained from a video recorder, 
or any still image obtained from a video recorder the Board 
decides is relevant to the accident or incident— 
‘‘(A) if the Board holds a public hearing on the accident 
or incident, at the time of the hearing; or 
‘‘(B) if the Board does not hold a public hearing, at 
the time a majority of the other factual reports on the 
accident or incident are placed in the public docket.’’. 
(2) SURFACE VEHICLE RECORDINGS AND TRANSCRIPTS.—Sec-
tion 1114(d) of title 49, United States Code, is amended— 
(A) by redesignating paragraph (2) as paragraph (3); 
and 
(B) in paragraph (1)— 
(i) in the first sentence, by striking ‘‘The Board’’ 
and inserting ‘‘Except as provided in paragraph (2), 
the Board’’; and 
(ii) by amending the second sentence to read as 
follows: 
‘‘(2) EXCEPTION.—Subject to subsections (b) and (g), the 
Board shall make public any part of a transcript, any written 
depiction of visual information obtained from a video recorder, 
or any still image obtained from a video recorder the Board 
decides is relevant to the accident— 
‘‘(A) if the Board holds a public hearing on the accident, 
at the time of the hearing; or 
‘‘(B) if the Board does not hold a public hearing, at 
the time a majority of the other factual reports on the 
accident are placed in the public docket.’’. 
(3) PRIVACY PROTECTIONS.—Section 1114 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(g) PRIVACY PROTECTIONS.—Before making public any still 
image obtained from a video recorder under subsection (c)(2) or 
subsection (d)(2), the Board shall take such action as appropriate 
to protect from public disclosure any information that readily identi-
fies an individual, including a decedent.’’. 
(b) COCKPIT AND SURFACE VEHICLE RECORDINGS AND TRAN-
SCRIPTS.—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 redesig-
nated, the following: 
‘‘(A) any still image that the National Transportation 
Safety Board has not made available to the public under 
section 1114(c) or 1114(d) of this title;’’; 
(3) in paragraph (3)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘recorder recording’’ and inserting ‘‘recorder 
recording, including with regard to a video recording any 
still image that the National Transportation Safety Board 
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132 STAT. 3431 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 avail-
able to the public under section 1114(c) or 1114(d) of this 
title,’’; 
(4) in paragraph (4)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘a still image or’’ before ‘‘a part 
of a cockpit’’; and 
(ii) by striking ‘‘the part of the transcript or the 
recording’’ each place it appears and inserting ‘‘the 
still image, the part of the transcript, or the recording’’; 
(B) in subparagraph (B)— 
(i) by inserting ‘‘a still image or’’ before ‘‘a part 
of a cockpit’’; and 
(ii) by striking ‘‘the part of the transcript or the 
recording’’ each place it appears and inserting ‘‘the 
still image, the part of the transcript, or the recording’’; 
and 
(5) in paragraph (6)— 
(A) by redesignating subparagraph (B) as subpara-
graph (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 commit-
tees of Congress a report on the methodology used to prioritize 
and select recommendations to be included by the Board in the 
Most Wanted List. 
(b) ELEMENTS.—The report under subsection (a) shall include— 
(1) a detailed description of how the Board accounts for 
the risk to safety addressed in each of its recommendations, 
including the extent to which the Board considers— 
(A) the types of data and other information, including 
studies and reports, used to identify the amount and prob-
ability 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 recommenda-
tion, or other safety action when prioritizing and selecting 
recommendations; and 
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132 STAT. 3432 
PUBLIC LAW 115–254—OCT. 5, 2018 
(3) a description of the extent of coordination and consulta-
tion when prioritizing and selecting the recommendations. 
(c) GAO REPORT.—Not later than 15 months after the date 
that the methodology report is published under subsection (a), 
the Comptroller General of the United States shall submit to the 
appropriate committees of Congress a report examining the method-
ology used by the Board to prioritize and select safety recommenda-
tions 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 transpor-
tation 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 rec-
ommendation; 
‘‘(3) a detailed appraisal of the accident investigation and 
accident prevention activities of other departments, agencies, 
and instrumentalities of the United States Government and 
State and local governmental authorities having responsibility 
for those activities under a law of the United States or a 
State; 
‘‘(4) a description of the activities and operations of the 
National Transportation Safety Board Training Center during 
the prior calendar year; 
‘‘(5) a list of accidents, during the prior calendar year, 
that the Board was required to investigate under section 1131 
but did not investigate and an explanation of why they were 
not investigated; and 
‘‘(6) a list of ongoing investigations that have exceeded 
the expected time allotted for completion by Board order and 
an explanation for the additional time required to complete 
each such investigation.’’. 
(b) METHODOLOGY.— 
(1) IN GENERAL.—Section 1117 of title 49, United States 
Code, is amended to read as follows: 
‘‘§ 1117. Methodology 
‘‘(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of the National Transportation Safety Board Reauthor-
ization Act, the Chairman shall include with each investigative 
report in which a recommendation is issued by the Board a method-
ology section detailing the process and information underlying the 
selection of each recommendation. 
‘‘(b) ELEMENTS.—Except as provided in subsection (c), the meth-
odology section under subsection (a) shall include, for each rec-
ommendation— 
‘‘(1) a brief summary of the Board’s collection and analysis 
of the specific accident investigation information most relevant 
to the recommendation; 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 rec-
ommendation, 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 rec-
ommendation, 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 rec-
ommendation is only for a person to disseminate information on— 
‘‘(1) an existing agency best practices document; or 
‘‘(2) an existing regulatory requirement. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to require any change to a recommendation made by 
the Board before the date of enactment of the National Transpor-
tation Safety Board Reauthorization Act, unless the recommenda-
tion is a repeat recommendation issued on or after the date of 
enactment of such Act. 
‘‘(f) SAVINGS CLAUSE.—Nothing in this section may be con-
strued— 
‘‘(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 imme-
diate loss, death, or injury; or 
‘‘(3) to limit the number of examples the Board may con-
sider before issuing a recommendation.’’. 
(2) CLERICAL AMENDMENT.—The analysis for chapter 11 
of title 49, United States Code, is amended by inserting after 
the item relating to section 1116 the following: 
‘‘117. Methodology.’’. 
SEC. 1108. MULTIMODAL ACCIDENT DATABASE MANAGEMENT SYSTEM. 
(a) ESTABLISHMENT.—Not later than 1 year after the date of 
enactment of this Act, the Board shall establish and maintain 
a multimodal accident database management system for Board 
investigators. 
(b) PURPOSES.—The purposes of the system shall be to support 
the Board in improving— 
(1) the quality of accident data the Board makes available 
to the public; and 
(2) the selection of accidents for investigation and allocation 
of limited resources. 
(c) REQUIREMENTS.—The system shall— 
(1) maintain a historical record of accidents that are inves-
tigated by the Board; and 
(2) be capable of the secure storage, retrieval, and manage-
ment of information associated with the investigations of such 
accidents. 
49 USC 1119 
note. 
49 USC 
prec. 1101. 
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132 STAT. 3434 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 1109. ADDRESSING THE NEEDS OF FAMILIES OF INDIVIDUALS 
INVOLVED IN ACCIDENTS. 
(a) AIR CARRIERS HOLDING CERTIFICATES OF PUBLIC CONVEN-
IENCE AND NECESSITY.—Section 41113 of title 49, United States 
Code, is amended— 
(1) in subsection (a), by striking ‘‘a major’’ and inserting 
‘‘any’’; and 
(2) in subsection (b)— 
(A) in paragraph (9), by striking ‘‘(and any other victim 
of the accident)’’ and inserting ‘‘(and any other victim of 
the accident, including any victim on the ground)’’; 
(B) in paragraph (16), by striking ‘‘major’’ and inserting 
‘‘any’’; and 
(C) in paragraph (17)(A), by striking ‘‘significant’’ and 
inserting ‘‘any’’. 
(b) FOREIGN AIR CARRIERS PROVIDING FOREIGN AIR TRANSPOR-
TATION.—Section 41313 of title 49, United States Code, is 
amended— 
(1) in subsection (b), by striking ‘‘a major’’ and inserting 
‘‘any’’; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘a significant’’ and 
inserting ‘‘any’’; 
(B) in paragraph (2), by striking ‘‘a significant’’ and 
inserting ‘‘any’’; 
(C) by amending paragraph (9) to read as follows: 
‘‘(9) EQUAL TREATMENT OF PASSENGERS.—An assurance that 
the treatment of the families of nonrevenue passengers (and 
any other victim of the accident, including any victim on the 
ground) will be the same as the treatment of the families 
of revenue passengers.’’; 
(D) in paragraph (16)— 
(i) by striking ‘‘major’’ and inserting ‘‘any’’; and 
(ii) by striking ‘‘the foreign air carrier will consult’’ 
and inserting ‘‘will consult’’; and 
(E) in paragraph (17)(A), by striking ‘‘significant’’ and 
inserting ‘‘any’’. 
(c) ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIR-
CRAFT ACCIDENTS.—Section 1136 of title 49, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘aircraft accident within 
the United States involving an air carrier or foreign air carrier 
and resulting in a major loss of life’’ and inserting ‘‘aircraft 
accident involving an air carrier or foreign air carrier, resulting 
in any loss of life, and for which the National Transportation 
Safety Board will serve as the lead investigative agency’’; and 
(2) in subsection (h)— 
(A) by amending paragraph (1) to read as follows: 
‘‘(1) AIRCRAFT
ACCIDENT.—The term ‘aircraft accident’ 
means any aviation disaster, regardless of its cause or suspected 
cause, for which the National Transportation Safety Board 
is the lead investigative agency.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘; and’’ and 
inserting a semicolon; 
(ii) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(iii) by adding at the end the following: 
‘‘(C) any other person injured or killed in the aircraft 
accident, as determined appropriate by the Board.’’. 
(d) ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN RAIL 
PASSENGER ACCIDENTS.—Section 1139 of title 49, United States 
Code, is amended— 
(1) in subsection (a), by striking ‘‘resulting in a major 
loss of life’’ and inserting ‘‘resulting in any loss of life, and 
for which the National Transportation Safety Board will serve 
as the lead investigative agency’’; and 
(2) by amending subsection (h)(1) to read as follows: 
‘‘(1) RAIL PASSENGER ACCIDENT.—The term ‘rail passenger 
accident’ means any rail passenger disaster that— 
‘‘(A) results in any loss of life; 
‘‘(B) the National Transportation Safety Board will 
serve as the lead investigative agency for; and 
‘‘(C) occurs in the provision of— 
‘‘(i) interstate intercity rail passenger transpor-
tation (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 individ-
uals the Board deems appropriate— 
‘‘(1) are informed as to the roles, with respect to the 
accident and the post-accident activities, of the Board; 
‘‘(2) are briefed, before any public briefing, about the 
accident, its causes, and any other findings from the investiga-
tion; 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 fol-
lowing: 
‘‘1140. Information for families of individuals involved in accidents.’’. 
SEC. 1110. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON INVES-
TIGATION 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 para-
graphs (6) and (7), respectively; and 
(B) by inserting after paragraph (4) the following: 
49 USC 
prec. 1101. 
49 USC 1140. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(5) the process and procedures to select an accident to 
investigate;’’; and 
(2) in subsection (c), by inserting a comma after ‘‘Science’’. 
SEC. 1111. PERIODIC REVIEW OF SAFETY RECOMMENDATIONS. 
(a) REPORTS.—Section 1116 of title 49, United States Code, 
as amended by this Act, is further amended— 
(1) in the heading, by striking ‘‘and studies’’ and inserting 
‘‘, studies, and retrospective reviews’’; and 
(2) by adding at the end the following: 
‘‘(d) RETROSPECTIVE REVIEWS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than 
June 1, 2019, and at least every 5 years thereafter, the Chair-
man shall complete a retrospective review of recommendations 
issued by the Board that are classified as open by the Board. 
‘‘(2) CONTENTS.—A review under paragraph (1) shall 
include— 
‘‘(A) a determination of whether the recommendation 
should be updated, closed, or reissued in light of— 
‘‘(i) changed circumstances; 
‘‘(ii) more recently issued recommendations; 
‘‘(iii) the availability of new technologies; or 
‘‘(iv) new information making the recommendation 
ineffective or insufficient for achieving its objective; 
and 
‘‘(B) a justification for each determination under 
subparagraph (A). 
‘‘(3) REPORT.—Not later than 180 days after the date a 
review under paragraph (1) is complete, the Chairman shall 
submit to the Committee on Commerce, Science, and Transpor-
tation 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 amend-
ments made by this section may be construed to limit or otherwise 
affect the authority of the Board to update, close, or reissue a 
recommendation. 
SEC. 1112. GENERAL ORGANIZATION. 
(a) TERMS OF THE CHAIRMAN AND VICE CHAIRMAN.—Section 
1111(d) of title 49, United States Code, is amended by striking 
‘‘2 years’’ and inserting ‘‘3 years’’. 
(b) NONPUBLIC COLLABORATIVE DISCUSSIONS.—Section 1111 of 
such title is further amended by adding at the end the following: 
‘‘(k) OPEN MEETINGS.— 
‘‘(1) IN GENERAL.—The Board shall be deemed to be an 
agency for purposes of section 552b of title 5. 
‘‘(2) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 
49 USC 1116 
note. 
49 USC 
prec. 1101. 
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132 STAT. 3437 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(A) IN
GENERAL.—Notwithstanding section 552b of 
title 5, a majority of the members may hold a meeting 
that is not open to public observation to discuss official 
agency business if— 
‘‘(i) no formal or informal vote or other official 
agency action is taken at the meeting; 
‘‘(ii) each individual present at the meeting is a 
member or an employee of the Board; 
‘‘(iii) at least 1 member of the Board from each 
political party is present at the meeting, if applicable; 
and 
‘‘(iv) the General Counsel of the Board is present 
at the meeting. 
‘‘(B) 
DISCLOSURE
OF
NONPUBLIC
COLLABORATIVE 
DISCUSSIONS.—Except as provided under subparagraphs (C) 
and (D), not later than 2 business days after the conclusion 
of a meeting under subparagraph (A), the Board shall 
make available to the public, in a place easily accessible 
to the public— 
‘‘(i) a list of the individuals present at the meeting; 
and 
‘‘(ii) a summary of the matters, including key 
issues, discussed at the meeting, except for any matter 
the Board properly determines may be withheld from 
the public under section 552b(c) of title 5. 
‘‘(C) SUMMARY.—If the Board properly determines a 
matter may be withheld from the public under section 
552b(c) of title 5, the Board shall provide a summary with 
as much general information as possible on each matter 
withheld from the public. 
‘‘(D) ACTIVE
INVESTIGATIONS.—If a discussion under 
subparagraph (A) directly relates to an active investigation, 
the Board shall make the disclosure under subparagraph 
(B) on the date the Board adopts the final report. 
‘‘(E) PRESERVATION OF OPEN MEETINGS REQUIREMENTS 
FOR AGENCY ACTION.—Nothing in this paragraph may be 
construed to limit the applicability of section 552b of title 
5 with respect to a meeting of the members other than 
that described in this paragraph. 
‘‘(F) STATUTORY CONSTRUCTION.—Nothing in this para-
graph may be construed— 
‘‘(i) to limit the applicability of section 552b of 
title 5 with respect to any information which is pro-
posed to be withheld from the public under subpara-
graph (B)(ii); or 
‘‘(ii) to authorize the Board to withhold from any 
individual any record that is accessible to that indi-
vidual under section 552a of title 5.’’. 
(c) AUTHORITY TO ACQUIRE SMALL UNMANNED AIRCRAFT SYS-
TEMS
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: 
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132 STAT. 3438 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(J) notwithstanding section 1343 of title 31, acquire 
1 or more small unmanned aircraft (as defined in section 
44801) for use in investigations under this chapter.’’. 
(d) INVESTIGATIVE OFFICERS.—Section 1113 of such title is 
amended by striking subsection (h). 
(e) TECHNICAL AMENDMENT.—Section 1113(a)(1) of such title 
is amended by striking ‘‘subpena’’ and inserting ‘‘subpoena’’. 
SEC. 1113. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TABLE OF CONTENTS.—The table of contents of subchapter 
III of chapter 11 of subtitle II of title 49, United States Code, 
is amended in the item relating to section 1138 by striking ‘‘Board’’ 
and inserting ‘‘Board.’’. 
(b) GENERAL AUTHORITY.—Section 1131(a)(1)(A) of title 49, 
United States Code, is amended by striking ‘‘a public aircraft as 
defined by section 40102(a)(37) of this title’’ and inserting ‘‘a public 
aircraft as defined by section 40102(a) of this title’’. 
DIVISION D—DISASTER RECOVERY 
REFORM 
SEC. 1201. SHORT TITLE. 
This division may be cited as the ‘‘Disaster Recovery Reform 
Act of 2018’’. 
SEC. 1202. APPLICABILITY. 
(a) APPLICABILITY FOR STAFFORD ACT.—Except as otherwise 
expressly provided, the amendments in this division to the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.) apply to each major disaster and emergency declared 
by the President on or after August 1, 2017, under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act. 
(b) DIVISION APPLICABILITY.—Except as otherwise expressly pro-
vided, 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 Emer-
gency 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. Staf-
ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) 
is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following: 
‘‘(d) HAZARD MITIGATION ASSISTANCE.—Whether or not a major 
disaster is declared, the President may provide hazard mitigation 
42 USC 5122 
note. 
42 USC 5121 
note. 
42 USC 5121 
note. 
Disaster 
Recovery Reform 
Act of 2018. 
49 USC 
prec. 1101. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
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 Dis-
aster 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 Adminis-
trator shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Transpor-
tation 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 Emer-
gency 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 tribu-
taries to prevent flooding; 
‘‘(4) placing logs and other erosion barriers to catch sedi-
ment on hill slopes; 
‘‘(5) installing debris traps to modify road and trail drainage 
mechanisms; 
‘‘(6) modifying or removing culverts to allow drainage to 
flow freely; 
‘‘(7) adding drainage dips and constructing emergency spill-
ways 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 
42 USC 5187 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
combined ice and wind loadings for the basic wind speeds 
and ice conditions associated with the relevant location; 
‘‘(13) removing standing burned trees; and 
‘‘(14) replacing water systems that have been burned and 
have caused contamination.’’. 
SEC. 1206. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCE-
MENT. 
(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 adminis-
tration 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 facili-
tate the implementation and enforcement of adopted 
building codes for a period of not more than 180 days 
after the major disaster is declared.’’. 
SEC. 1207. PROGRAM IMPROVEMENTS. 
(a) HAZARD MITIGATION.—Section 406(c) of the Robert T. Staf-
ford 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. Staf-
ford 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 Presi-
dent 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 fol-
lowing: 
‘‘(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.’’. 
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132 STAT. 3441 
PUBLIC LAW 115–254—OCT. 5, 2018 
(d) CERTIFICATION.—Section 428(e)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5189f(e)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ at the end; 
(2) in subparagraph (F), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(G) once certified by a professionally licensed engineer 
and accepted by the Administrator, the estimates on which 
grants made pursuant to this section are based shall be 
presumed to be reasonable and eligible costs, as long as 
there is no evidence of fraud.’’. 
SEC. 1208. PRIORITIZATION OF FACILITIES. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator shall provide guidance and training on an 
annual basis to State, local, and Indian tribal governments, first 
responders, and utility companies on— 
(1) the need to prioritize assistance to hospitals, nursing 
homes, and other long-term care facilities to ensure that such 
health care facilities remain functioning or return to functioning 
as soon as practicable during power outages caused by natural 
hazards, including severe weather events; 
(2) how hospitals, nursing homes and other long-term care 
facilities should adequately prepare for power outages during 
a major disaster or emergency, as those terms are defined 
in section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122); and 
(3) how State, local, and Indian tribal governments, first 
responders, utility companies, hospitals, nursing homes, and 
other long-term care facilities should develop a strategy to 
coordinate emergency response plans, including the activation 
of emergency response plans, in anticipation of a major disaster, 
including severe weather events. 
SEC. 1209. GUIDANCE ON EVACUATION ROUTES. 
(a) IN GENERAL.— 
(1) IDENTIFICATION.—The Administrator, in coordination 
with the Administrator of the Federal Highway Administration, 
shall develop and issue guidance for State, local, and Indian 
tribal governments regarding the identification of evacuation 
routes. 
(2) GUIDANCE.—The Administrator of the Federal Highway 
Administration, in coordination with the Administrator, shall 
revise existing guidance or issue new guidance as appropriate 
for State, local, and Indian tribal governments regarding the 
design, construction, maintenance, and repair of evacuation 
routes. 
(b) CONSIDERATIONS.— 
(1) IDENTIFICATION.—In developing the guidance under sub-
section (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; 
6 USC 721 note. 
6 USC 748a. 
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132 STAT. 3442 
PUBLIC LAW 115–254—OCT. 5, 2018 
(ii) individuals in schools, daycare centers, mobile 
home parks, prisons, nursing homes and other long- 
term care facilities, and detention centers; 
(iii) individuals with limited-English proficiency; 
(iv) the elderly; and 
(v) individuals who are tourists, seasonal workers, 
or homeless; 
(C) the sharing of information and other public commu-
nications 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 appro-
priate. 
(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 man-
age contraflow operations; 
(C) for evacuation routes on public lands, the view-
points 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 antici-
pated 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 govern-
ments; and 
(D) Congress. 
SEC. 1210. DUPLICATION OF BENEFITS. 
(a) IN GENERAL.— 
(1) AUTHORITY.—Section 312(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5155(b)) is amended by adding at the end the following: 
‘‘(4) WAIVER OF GENERAL PROHIBITION.— 
‘‘(A) IN GENERAL.—The President may waive the gen-
eral 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 
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132 STAT. 3443 
PUBLIC LAW 115–254—OCT. 5, 2018 
losses as a result of a major disaster or emergency, if 
the President finds such waiver is in the public interest 
and will not result in waste, fraud, or abuse. In making 
this decision, the President may consider the following: 
‘‘(i) The recommendations of the Administrator of 
the Federal Emergency Management Agency made in 
consultation with the Federal agency or agencies 
administering the duplicative program. 
‘‘(ii) If a waiver is granted, the assistance to be 
funded is cost effective. 
‘‘(iii) Equity and good conscience. 
‘‘(iv) Other matters of public policy considered 
appropriate by the President. 
‘‘(B) GRANT OR DENIAL OF WAIVER.—A request under 
subparagraph (A) shall be granted or denied not later than 
45 days after submission of such request. 
‘‘(C) PROHIBITION ON DETERMINATION THAT LOAN IS A 
DUPLICATION.—Notwithstanding subsection (c), in carrying 
out subparagraph (A), the President may not determine 
that a loan is a duplication of assistance, provided that 
all Federal assistance is used toward a loss suffered as 
a result of the major disaster or emergency.’’. 
(2) LIMITATION.—This subsection, including the amendment 
made by paragraph (1), shall not be construed to apply to 
section 406 or 408 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5172, 5174). 
(3) APPLICABILITY.—The amendment made by paragraph 
(1) shall apply to any major disaster or emergency declared 
by the President under section 401 or 501, respectively, of 
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170, 5191) between January 1, 2016, 
and December 31, 2021. 
(4) SUNSET.—On the date that is 5 years after the date 
of enactment of this Act, section 312(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5155(b)) is amended by striking paragraph (4), as added by 
subsection (a)(1) of this section. 
(5) REPORT.— 
(A) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator, in coordination 
with other relevant Federal agencies, shall submit to the 
congressional committees of jurisdiction a report conducted 
by all relevant Federal agencies to improve the comprehen-
sive 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 subpara-
graph (A) shall include both administrative actions taken, 
or planned to be taken, by the agencies as well as legislative 
proposals, where appropriate, of the following: 
(i) Efforts to improve coordination between the 
Agency and other relevant Federal agencies when 
delivering disaster assistance to individuals. 
(ii) Clarify the sequence of delivery of disaster 
assistance to individuals from the Agency, and other 
relevant Federal agencies. 
42 USC 5155 
note. 
42 USC 5155 
note. 
42 USC 5155 
note. 
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132 STAT. 3444 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 uti-
lizing one program versus another. 
(C) REPORT UPDATE.—Not later than 4 years after the 
date of enactment of this subsection, the Administrator, 
in coordination with other relevant Federal agencies, shall 
submit to the congressional committees of jurisdiction an 
update to the report required under subparagraph (A). 
(b) FUNDING OF A FEDERALLY AUTHORIZED WATER RESOURCES 
DEVELOPMENT PROJECT.— 
(1) ELIGIBLE ACTIVITIES.—Notwithstanding section 312 of 
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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 sec-
tion 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 miti-
gation measure under section 404; 
(B) affect the eligibility criteria for a hazard mitigation 
measure under section 404; 
(C) affect the cost share requirements of a federally 
authorized water resources development project; and 
(D) affect the responsibilities of a non-Federal interest 
with respect to the project, including those related to the 
provision of lands, easements, rights-of-way, dredge mate-
rial disposal areas, and necessary relocations. 
(6) LIMITATION.—If a federally authorized water resources 
development project of the Army Corps of Engineers is con-
structed with funding provided under section 404 pursuant 
to this subsection, no further Federal funding shall be provided 
for construction of such project. 
42 USC 5170c 
note. 
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132 STAT. 3445 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 1211. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEM-
PORARY 
HOUSING 
AND 
PERMANENT 
HOUSING 
CONSTRUCTION. 
(a) STATE ROLE.—Section 408(f) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is 
amended— 
(1) in paragraph (1)— 
(A) by striking the paragraph heading and inserting 
‘‘STATE- OR
INDIAN
TRIBAL
GOVERNMENT-ADMINISTERED 
ASSISTANCE AND OTHER NEEDS ASSISTANCE.—’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘financial’’; and 
(ii) by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
sections (c)(1)(B), (c)(4), and (e) if the President and 
the State or Indian tribal government comply, as deter-
mined by the Administrator, with paragraph (3)’’; and 
(C) in subparagraph (B)— 
(i) by striking ‘‘financial’’; and 
(ii) by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
sections (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 govern-
ment 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 sub-
mitted under subparagraph (A). The criteria shall include, 
at a minimum— 
‘‘(i) a requirement that the State or Indian tribal 
government submit a housing strategy under subpara-
graph (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 govern-
ment will comply with applicable Federal laws and 
regulations and how the State or Indian tribal govern-
ment will provide assistance under its plan; 
‘‘(iv) a requirement that the State or Indian tribal 
government comply with rules and regulations estab-
lished pursuant to subsection (j); and 
‘‘(v) a requirement that the President, or the des-
ignee of the President, comply with subsection (i). 
‘‘(C) REQUIREMENT OF HOUSING STRATEGY.— 
‘‘(i) IN GENERAL.—A State or Indian tribal govern-
ment submitting an application under this paragraph 
shall have an approved housing strategy, which shall 
be developed and submitted to the President for 
approval. 
‘‘(ii) 
REQUIREMENTS.—The 
housing 
strategy 
required under clause (i) shall— 
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132 STAT. 3446 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(I) outline the approach of the State in 
working with Federal partners, Indian tribal 
governments, local communities, nongovernmental 
organizations, and individual disaster survivors to 
meet disaster-related sheltering and housing 
needs; and 
‘‘(II) include the establishment of an activation 
plan for a State Disaster Housing Task Force, 
as outlined in the National Disaster Housing 
Strategy, to bring together State, tribal, local, Fed-
eral, nongovernmental, and private sector exper-
tise to evaluate housing requirements, consider 
potential solutions, recognize special needs popu-
lations, and propose recommendations. 
‘‘(D) 
QUALITY
ASSURANCE.—Before 
approving 
an 
application submitted under this section, the President, 
or the designee of the President, shall institute adequate 
policies, procedures, and internal controls to prevent waste, 
fraud, abuse, and program mismanagement for this pro-
gram 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 govern-
ment’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 pro-
gram established by this section in a manner satisfactory 
to the President, the President shall withdraw the 
approval. 
‘‘(E) AUDITS.—The Inspector General of the Depart-
ment of Homeland Security shall provide for periodic audits 
of the programs administered by States and Indian tribal 
governments under this subsection. 
‘‘(F) APPLICABLE
LAWS.—All Federal laws applicable 
to the management, administration, or contracting of the 
programs by the Federal Emergency Management Agency 
under this section shall be applicable to the management, 
administration, or contracting by a non-Federal entity 
under this section. 
‘‘(G) REPORT ON EFFECTIVENESS.—Not later than 18 
months after the date of enactment of this paragraph, 
the Inspector General of the Department of Homeland 
Security shall submit a report to the Committee on Home-
land 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 govern-
ment’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 
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132 STAT. 3447 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(iii) recommendations for changes to improve the 
program if the State or Indian tribal government’s 
role to administer the programs should be continued. 
‘‘(H) REPORT
ON
INCENTIVES.—Not later than 12 
months after the date of enactment of this paragraph, 
the Administrator of the Federal Emergency Management 
Agency shall submit a report to the Committee on Home-
land Security and Governmental Affairs of the Senate and 
the Committee on Transportation and Infrastructure of 
the House of Representatives on a potential incentive struc-
ture for awards made under this section to encourage 
participation by eligible States and Indian tribal govern-
ments. In developing this report, the Administrator of the 
Federal Emergency Management Agency shall consult with 
State, local, and Indian tribal entities to gain their input 
on any such incentive structure to encourage participation 
and shall include this information in the report. This report 
should address, among other options, potential adjustments 
to the cost-share requirement and management costs to 
State and Indian tribal governments. 
‘‘(I) PROHIBITION.—The President may not condition 
the provision of Federal assistance under this Act on a 
State or Indian tribal government requesting a grant under 
this section. 
‘‘(J) MISCELLANEOUS.— 
‘‘(i) NOTICE AND COMMENT.—The Administrator of 
the Federal Emergency Management Agency may 
waive notice and comment rulemaking with respect 
to rules to carry out this section, if the Administrator 
determines doing so is necessary to expeditiously 
implement this section, and may carry out this section 
as a pilot program until such regulations are promul-
gated. 
‘‘(ii) FINAL RULE.—Not later than 2 years after 
the date of enactment of this paragraph, the Adminis-
trator of the Federal Emergency Management Agency 
shall issue final regulations to implement this sub-
section as amended by the Disaster Recovery Reform 
Act of 2018. 
‘‘(iii) WAIVER
AND
EXPIRATION.—The authority 
under clause (i) and any pilot program implemented 
pursuant to such clause shall expire 2 years after 
the date of enactment of this paragraph or upon 
issuance of final regulations pursuant to clause (ii), 
whichever occurs sooner.’’. 
(b) REIMBURSEMENT.—The Federal Emergency Management 
Agency (FEMA) shall reimburse State and local units of government 
(for requests received within a period of 3 years after the declaration 
of a major disaster under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) 
upon determination that a locally implemented housing solution, 
implemented by State or local units of government— 
(1) costs 50 percent of comparable FEMA solution or what-
ever the locally implemented solution costs, whichever is lower; 
(2) complies with local housing regulations and ordinances; 
and 
42 USC 5174 
note. 
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132 STAT. 3448 
PUBLIC LAW 115–254—OCT. 5, 2018 
(3) the housing solution was implemented within 90 days 
of the disaster. 
SEC. 1212. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 
Section 408(h) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(h)) is amended— 
(1) in paragraph (1), by inserting ‘‘, excluding financial 
assistance to rent alternate housing accommodations under 
subsection (c)(1)(A)(i) and financial assistance to address other 
needs under subsection (e)’’ after ‘‘disaster’’; 
(2) by redesignating paragraph (2) as paragraph (3); 
(3) by inserting after paragraph (1) the following: 
‘‘(2) OTHER NEEDS ASSISTANCE.—The maximum financial 
assistance any individual or household may receive under sub-
section (e) shall be equivalent to the amount set forth in para-
graph (1) with respect to a single major disaster.’’; 
(4) in paragraph (3) (as so redesignated), by striking ‘‘para-
graph (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 improve-
ments under paragraphs (2), (3), and (4) of subsection 
(c) for individuals with disabilities. 
‘‘(B) 
OTHER
NEEDS
ASSISTANCE.—The 
maximum 
amount of assistance established under paragraph (2) shall 
exclude expenses to repair or replace accessibility-related 
personal property under subsection (e)(2) for individuals 
with disabilities.’’. 
SEC. 1213. MULTIFAMILY LEASE AND REPAIR ASSISTANCE. 
(a) LEASE
AND REPAIR
OF RENTAL UNITS
FOR TEMPORARY 
HOUSING.—Section 408(c)(1)(B)(ii)(II) of the Robert T. Stafford Dis-
aster 
Relief 
and 
Emergency 
Assistance 
Act 
(42 
U.S.C. 
5174(c)(1)(B)(ii)(II)) is amended to read as follows: 
‘‘(II) IMPROVEMENTS OR REPAIRS.—Under the 
terms of any lease agreement for property entered 
into under this subsection, the value of the 
improvements or repairs shall be deducted from 
the value of the lease agreement.’’. 
(b) 
RENTAL
PROPERTIES
IMPACTED.—Section 
408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is 
amended to read as follows: 
‘‘(aa) enter into lease agreements with 
owners 
of 
multifamily 
rental 
property 
impacted by a major disaster or located in 
areas covered by a major disaster declaration 
to house individuals and households eligible 
for assistance under this section; and’’. 
(c) INSPECTOR GENERAL REPORT.—Not later than 2 years after 
the date of the enactment of this Act, the inspector general of 
the Department of Homeland Security shall— 
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132 STAT. 3449 
PUBLIC LAW 115–254—OCT. 5, 2018 
(1) assess the use of the authority provided under section 
408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emer-
gency 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 con-
ducted 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 Emer-
gency Assistance Act (42 U.S.C. 5165b) is amended— 
(1) in subsection (a) by striking ‘‘any administrative 
expense, and any other expense not directly chargeable to’’ 
and inserting ‘‘any direct administrative cost, and any other 
administrative expense associated with’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘Notwithstanding’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Notwithstanding’’; 
(B) in paragraph (1), as added by subparagraph (A), 
by striking ‘‘establish’’ and inserting ‘‘implement’’; and 
(C) by adding at the end the following: 
‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Administrator of 
the Federal Emergency Management Agency shall provide the 
following percentage rates, in addition to the eligible project 
costs, to cover direct and indirect costs of administering the 
following programs: 
‘‘(A) HAZARD MITIGATION.—A grantee under section 404 
may be reimbursed not more than 15 percent of the total 
amount of the grant award under such section of which 
not more than 10 percent may be used by the grantee 
and 5 percent by the subgrantee for such costs. 
‘‘(B) PUBLIC
ASSISTANCE.—A grantee under sections 
403, 406, 407, and 502 may be reimbursed not more than 
12 percent of the total award amount under such sections, 
of which not more than 7 percent may be used by the 
grantee and 5 percent by the subgrantee for such costs.’’. 
SEC. 1216. FLEXIBILITY. 
(a) WAIVER AUTHORITY.— 
(1) DEFINITION.—In this subsection, the term ‘‘covered 
assistance’’ means assistance provided— 
(A) under section 408 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5174); 
and 
(B) in relation to a major disaster or emergency 
declared by the President under section 401 or 501, respec-
tively, of the Robert T. Stafford Disaster Relief and Emer-
gency 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— 
42 USC 5174a. 
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132 STAT. 3450 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) subject to subparagraph (B), may waive a debt 
owed to the United States related to covered assistance 
provided to an individual or household if— 
(i) the covered assistance was distributed based 
on an error by the Agency; 
(ii) there was no fault on behalf of the debtor; 
and 
(iii) the collection of the debt would be against 
equity and good conscience; and 
(B) may not waive a debt under subparagraph (A) 
if the debt involves fraud, the presentation of a false claim, 
or misrepresentation by the debtor or any party having 
an interest in the claim. 
(3) MONITORING
OF
COVERED
ASSISTANCE
DISTRIBUTED 
BASED ON ERROR.— 
(A) IN GENERAL.—The Inspector General of the Depart-
ment 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 EXCES-
SIVE ERROR RATE.—If the Inspector General of the Depart-
ment 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 distrib-
uted— 
(i) the Inspector General shall notify the Adminis-
trator and publish the determination in the Federal 
Register; and 
(ii) with respect to any major disaster or emergency 
declared by the President under section 401 or section 
501, respectively, of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170; 
42 U.S.C. 5191) after the date on which the determina-
tion is published under subparagraph (A), the authority 
of the Administrator to waive debt under paragraph 
(2) shall no longer be effective. 
(b) RECOUPMENT OF CERTAIN ASSISTANCE PROHIBITED.— 
(1) IN GENERAL.—Notwithstanding section 3716(e) of title 
31, United States Code, and unless there is evidence of civil 
or criminal fraud, the Agency may not take any action to 
recoup covered assistance from the recipient of such assistance 
if the receipt of such assistance occurred on a date that is 
more than 3 years before the date on which the Agency first 
provides to the recipient written notification of an intent to 
recoup. 
(2) COVERED ASSISTANCE DEFINED.—In this subsection, the 
term ‘‘covered assistance’’ means assistance provided— 
(A) under section 408 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5174); 
and 
(B) in relation to a major disaster or emergency 
declared by the President under section 401 or 501, respec-
tively, of such Act (42 U.S.C. 5170; 42 U.S.C. 5191) on 
or after January 1, 2012. 
(c) STATUTE OF LIMITATIONS.— 
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132 STAT. 3451 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 ‘‘Notwith-
standing section 3716(e) of title 31, United States Code, 
and except’’; and 
(ii) by striking ‘‘report for the disaster or emer-
gency’’ and inserting ‘‘report for project completion as 
certified by the grantee’’; and 
(B) in subsection (b)— 
(i) in paragraph (1) by striking ‘‘report for the 
disaster or emergency’’ and inserting ‘‘report for project 
completion as certified by the grantee’’; and 
(ii) in paragraph (3) by inserting ‘‘for project 
completion as certified by the grantee’’ after ‘‘final 
expenditure report’’. 
(2) APPLICABILITY.— 
(A) IN GENERAL.—With respect to disaster or emer-
gency 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 Dis-
aster 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 prohib-
ited under section 705(a)(1) of that Act, as amended 
by paragraph (1). 
(B) LIMITATION.—This section, including the amend-
ments made by this section, may not be construed to invali-
date or otherwise affect any administration action com-
pleted before the date of enactment of this Act. 
SEC. 1217. ADDITIONAL DISASTER ASSISTANCE. 
(a) DISASTER MITIGATION.—Section 209 of the Public Works 
and Economic Development Act of 1965 (42 U.S.C. 3149) is amended 
by adding at the end the following: 
‘‘(e) DISASTER MITIGATION.—In providing assistance pursuant 
to subsection (c)(2), if appropriate and as applicable, the Secretary 
may encourage hazard mitigation in assistance provided pursuant 
to such subsection.’’. 
(b) EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.— 
Section 661(d) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 761(d)) is amended by striking ‘‘for fiscal 
year 2008’’ and inserting ‘‘for each of fiscal years 2018 through 
2022’’. 
(c) EMERGENCY
MANAGEMENT
PERFORMANCE
GRANTS
PRO-
GRAM.—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’’. 
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132 STAT. 3452 
PUBLIC LAW 115–254—OCT. 5, 2018 
(d) TECHNICAL AMENDMENT.—Section 403(a)(3) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170b(a)(3)) is amended by striking the second subparagraph (J). 
SEC. 1218. NATIONAL VETERINARY EMERGENCY TEAMS. 
(a) IN GENERAL.—The Administrator of the Federal Emergency 
Management Agency may establish one or more national veterinary 
emergency teams at accredited colleges of veterinary medicine. 
(b) RESPONSIBILITIES.—A national veterinary emergency team 
shall— 
(1) deploy with a team of the National Urban Search and 
Rescue Response System to assist with— 
(A) veterinary care of canine search teams; 
(B) locating and treating companion animals, service 
animals, livestock, and other animals; and 
(C) surveillance and treatment of zoonotic diseases; 
(2) recruit, train, and certify veterinary professionals, 
including veterinary students, in accordance with an estab-
lished 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 Depart-
ment of Agriculture, State, local, and Indian tribal governments 
(including departments of animal and human health), veteri-
nary and health care professionals, and volunteers. 
SEC. 1219. RIGHT OF ARBITRATION. 
Section 423 of the Robert T. Stafford Disaster Relief and Emer-
gency 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 assist-
ance 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 docu-
mentation, testimony, or other such evidence supporting the 
applicant’s position at any time during arbitration. 
‘‘(3) RURAL AREAS.—For an applicant for assistance in a 
rural area under this title, the assistance amount eligible for 
arbitration pursuant to this subsection shall be $100,000. 
‘‘(4) RURAL AREA DEFINED.—For the purposes of this sub-
section, 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— 
42 USC 5165g. 
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132 STAT. 3453 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 determina-
tion 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 administra-
tive record for the first appeal and may contain additional 
documentation supporting the applicant’s position.’’. 
SEC. 1220. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC 
PRESERVATION REVIEW. 
(a) REVIEW AND ANALYSIS.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall review the 
Unified Federal Environmental and Historic Preservation review 
process established pursuant to section 429 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189g), 
and submit a report to the Committee on Transportation and Infra-
structure 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 compli-
ance 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 Presi-
dent under section 401 or 501, respectively, of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170, 5191). 
(3) Recommendations on any further actions, including any 
legislative proposals, needed to expedite and streamline the 
review process. 
(b) REGULATIONS.—After completing the review, survey, and 
analyses under subsection (a), but not later than 2 years after 
the date of enactment of this Act, and after providing notice and 
opportunity for public comment, the Administrator shall issue regu-
lations 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 categor-
ical 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. Staf-
ford 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 Emer-
gency Management Agency may develop incentives and pen-
alties that encourage State, local, or Indian tribal governments 
42 USC 5189g 
note. 
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132 STAT. 3454 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 regula-
tions and required procedures, meet its responsibilities to 
improve closeout practices and reduce the time to close disaster 
program awards.’’. 
(b) REGULATIONS.—The Administrator shall issue regulations 
to implement the amendment made by this section. 
SEC. 1222. PERFORMANCE OF SERVICES. 
Section 306 of the Robert T. Stafford Disaster Relief and Emer-
gency 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 Dis-
aster Assistance Working Group of the Council of the Inspectors 
General on Integrity and Efficiency, and other appropriate 
agencies, conduct a study and develop a plan, consistent with 
law, under which the collection of information from disaster 
assistance applicants and grantees will be modified, stream-
lined, 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 Dis-
aster 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 Home-
land 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: 
42 USC 5205 
note. 
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132 STAT. 3455 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘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 assign-
ment task order to another Federal department or agency 
regarding a major disaster in excess of $1,000,000, including— 
‘‘(A) the name of the impacted State or Indian Tribe; 
‘‘(B) the disaster declaration for such State or Indian 
Tribe; 
‘‘(C) the assigned agency; 
‘‘(D) the assistance requested; 
‘‘(E) a description of the disaster; 
‘‘(F) the total cost estimate; 
‘‘(G) the amount obligated; 
‘‘(H) the State or Indian tribal government cost share, 
if applicable; 
‘‘(I) the authority under which the mission assignment 
or mission assignment task order was directed; and 
‘‘(J) if applicable, the date a State or Indian Tribe 
requested the mission assignment. 
‘‘(2) RECORDING CHANGES.—Not later than 10 days after 
the last day of each month until a mission assignment or 
mission assignment task order described in paragraph (1) is 
completed and closed out, the Administrator of the Federal 
Emergency Management Agency shall update any changes to 
the total cost estimate and the amount obligated. 
‘‘(c) DISASTER RELIEF MONTHLY REPORT.—Not later than 10 
days after the first day of each month, the Administrator of the 
Federal Emergency Management Agency shall publish on the 
website of the Federal Emergency Management Agency reports, 
including a specific description of the methodology and the source 
data used in developing such reports, including— 
‘‘(1) an estimate of the amounts for the fiscal year covered 
by the President’s most recent budget pursuant to section 
1105(a) of title 31, United States Code, including— 
‘‘(A) the unobligated balance of funds to be carried 
over from the prior fiscal year to the budget year; 
‘‘(B) the unobligated balance of funds to be carried 
over from the budget year to the budget year plus 1; 
42 USC 5189h. 
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132 STAT. 3456 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 obli-
gated or will be required for catastrophic events delineated 
by event and by State for all prior years, the current 
fiscal year, the budget year, and each fiscal year thereafter; 
‘‘(F) the amount of previously obligated funds that 
will be recovered for the budget year; 
‘‘(G) the amount that will be required for obligations 
for emergencies, as described in section 102(1), major disas-
ters, as described in section 102(2), fire management assist-
ance 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, alloca-
tions, and obligations made. 
‘‘(B) A table of disaster relief activity delineated by 
month, including— 
‘‘(i) the beginning and ending balances; 
‘‘(ii) the total obligations to include amounts obli-
gated for fire assistance, emergencies, surge, and dis-
aster support activities; 
‘‘(iii) the obligations for catastrophic events delin-
eated 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 emer-
gency measures and disaster resources) delineated by 
disaster. 
‘‘(E) The date on which funds appropriated will be 
exhausted. 
‘‘(d) CONTRACTS.— 
‘‘(1) INFORMATION.—Not later than 10 days after the first 
day of each month, the Administrator of the Federal Emergency 
Management Agency shall publish on the website of the Federal 
Emergency Management Agency the specifics of each contract 
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132 STAT. 3457 
PUBLIC LAW 115–254—OCT. 5, 2018 
in excess of $1,000,000 that the Federal Emergency Manage-
ment 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 bid-
ding process. 
The information shall be delineated by disaster, if applicable, 
and specify the damage category code, if applicable. 
‘‘(2) REPORT.—Not later than 10 days after the last day 
of the fiscal year, the Administrator of the Federal Emergency 
Management Agency shall provide a report to the appropriate 
committees of Congress summarizing the following information 
for the preceding fiscal year: 
‘‘(A) The number of contracts awarded without competi-
tive 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 con-
tracts awarded without competitive bidding. 
‘‘(e) COLLECTION OF PUBLIC ASSISTANCE RECIPIENT AND SUB-
RECIPIENT CONTRACTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this subsection, the Administrator of the Fed-
eral Emergency Management Agency shall initiate and main-
tain an effort to collect and store information, prior to the 
project closeout phase on any contract entered into by a public 
assistance recipient or subrecipient that through the base 
award, available options, or any subsequent modifications has 
an estimated value of more than $1,000,000 and is funded 
through section 324, 403, 404, 406, 407, 428, or 502, including— 
‘‘(A) the disaster number, project worksheet number, 
and the category of work associated with each contract; 
‘‘(B) the name of each party; 
‘‘(C) the date the contract was awarded; 
‘‘(D) the amount of the contract; 
‘‘(E) the scope of the contract; 
‘‘(F) the period of performance for the contract; and 
‘‘(G) whether the contract was awarded through a 
competitive bidding process. 
‘‘(2) 
AVAILABILITY
OF
INFORMATION
COLLECTED.—The 
Administrator of the Federal Emergency Management Agency 
shall make the information collected and stored under para-
graph (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 
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132 STAT. 3458 
PUBLIC LAW 115–254—OCT. 5, 2018 
of the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives on the efforts of 
the Federal Emergency Management Agency to collect the 
information described in paragraph (1).’’. 
SEC. 1225. AUDIT OF CONTRACTS. 
Notwithstanding any other provision of law, the Administrator 
of the Federal Emergency Management Agency shall not reimburse 
a State or local government, an Indian tribal government (as defined 
in section 102 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5122), or the owner or operator 
of a private nonprofit facility (as defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122) for any activities made pursuant to a contract 
entered into after August 1, 2017, that prohibits the Administrator 
or the Comptroller General of the United States from auditing 
or otherwise reviewing all aspects relating to the contract. 
SEC. 1226. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR 
TARPS AND PLASTIC SHEETING. 
(a) IN GENERAL.—Not later than 30 days after the date of 
enactment of this Act, the Inspector General of the Department 
of Homeland Security shall initiate an audit of the contracts 
awarded by the Agency for tarps and plastic sheeting for the 
Commonwealth of Puerto Rico and the United States Virgin Islands 
in response to Hurricane Irma and Hurricane Maria. 
(b) CONSIDERATIONS.—In carrying out the audit under sub-
section (a), the inspector general shall review— 
(1) the contracting process used by the Agency to evaluate 
offerors and award the relevant contracts to contractors; 
(2) the assessment conducted by the Agency of the past 
performance of the contractors, including any historical 
information showing that the contractors had supported large- 
scale delivery quantities in the past; 
(3) the assessment conducted by the Agency of the capacity 
of the contractors to carry out the relevant contracts, including 
with respect to inventory, production, and financial capabilities; 
(4) how the Agency ensured that the contractors met the 
terms of the relevant contracts; and 
(5) whether the failure of the contractors to meet the terms 
of the relevant contracts and the subsequent cancellation by 
the Agency of the relevant contracts affected the provision 
of tarps and plastic sheeting to the Commonwealth of Puerto 
Rico and the United States Virgin Islands. 
(c) REPORT.—Not later than 270 days after the date of initiation 
of the audit under subsection (a), the inspector general shall submit 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the results of 
the audit, including findings and recommendations. 
SEC. 1227. RELIEF ORGANIZATIONS. 
Section 309 of the Robert T. Stafford Disaster Relief and Emer-
gency 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 
42 USC 5161a. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 High-
way Administration, shall develop and issue guidance for State, 
local, and Indian tribal governments regarding repair, restoration, 
and replacement of inundated and submerged roads damaged or 
destroyed by a major disaster, and for associated expenses incurred 
by the Government, with respect to roads eligible for assistance 
under section 406 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172). 
SEC. 1229. EXTENSION OF ASSISTANCE. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
in the case of an individual eligible to receive unemployment assist-
ance 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 commu-
nity may take in order to be eligible to receive reimbursement 
from a grantee that receives funds from the Agency for certain 
activities performed after an event that results in a major disaster 
declared by the President under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). 
(b) RECOMMENDATIONS.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall provide to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a legislative proposal on how 
to provide eligibility for disaster assistance with respect to common 
areas of condominiums and housing cooperatives. 
(c) EFFECTIVE DATE.—This section shall be effective on the 
date of enactment of this Act. 
SEC. 1231. GUIDANCE ON HAZARD MITIGATION ASSISTANCE. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue guidance 
regarding the acquisition of property for open space as a mitigation 
measure under section 404 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170c) that includes— 
(1) a process by which the State hazard mitigation officer 
appointed for such an acquisition shall, not later than 60 days 
after the applicant for assistance enters into an agreement 
42 USC 5172 
note. 
42 USC 5172 
note. 
42 USC 5172 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
with the Administrator regarding the acquisition, provide writ-
ten notification to each affected unit of local government for 
such acquisition that includes— 
(A) the location of the acquisition; 
(B) the State-local assistance agreement for the hazard 
mitigation grant program; 
(C) a description of the acquisition; and 
(D) a copy of the deed restriction; and 
(2) recommendations for entering into and implementing 
a memorandum of understanding between units of local govern-
ment 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 para-
graph (1). 
(b) DEFINITIONS.—In this section: 
(1) AFFECTED
UNIT
OF
LOCAL
GOVERNMENT.—The term 
‘‘affected unit of local government’’ means any entity covered 
by the definition of local government in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122), that has jurisdiction over the property 
subject to the acquisition described in subsection (a). 
(2) COVERED ENTITY.—The term ‘‘covered entity’’ means— 
(A) the grantee or subgrantee receiving assistance for 
an open space project described in subsection (a); 
(B) the State in which such project is located; and 
(C) the applicable Regional Administrator of the 
Agency. 
SEC. 1232. LOCAL IMPACT. 
(a) IN GENERAL.—In making recommendations to the President 
regarding a major disaster declaration, the Administrator of the 
Federal Emergency Management Agency shall give greater consid-
eration 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 Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate on the changes made to regulations and policies and the 
number of declarations that have been declared based on the new 
criteria. 
(b) EFFECTIVE DATE.—This section shall be effective on the 
date of enactment of this Act. 
SEC. 1233. ADDITIONAL HAZARD MITIGATION ACTIVITIES. 
Section 404 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170c), as amended by this division, 
is further amended by adding at the end the following: 
42 USC 5170 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(g) USE OF ASSISTANCE FOR EARTHQUAKE HAZARDS.—Recipi-
ents of hazard mitigation assistance provided under this section 
and section 203 may use the assistance to conduct activities to 
help reduce the risk of future damage, hardship, loss, or suffering 
in any area affected by earthquake hazards, including— 
‘‘(1) improvements to regional seismic networks in support 
of building a capability for earthquake early warning; 
‘‘(2) improvements to geodetic networks in support of 
building a capability for earthquake early warning; and 
‘‘(3) improvements to seismometers, Global Positioning 
System receivers, and associated infrastructure in support of 
building a capability for earthquake early warning.’’. 
SEC. 
1234. 
NATIONAL 
PUBLIC 
INFRASTRUCTURE 
PREDISASTER 
HAZARD MITIGATION. 
(a) PREDISASTER HAZARD MITIGATION.—Section 203 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5133) is amended— 
(1) in subsection (c) by inserting ‘‘Public Infrastructure’’ 
after ‘‘the National’’; 
(2) in subsection (e)(1)(B)— 
(A) by striking ‘‘or’’ at the end of clause (ii); 
(B) by striking the period at the end of clause (iii) 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iv) to establish and carry out enforcement activi-
ties 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 residen-
tial structures and facilities that may be eligible for 
assistance under this Act for the purpose of protecting 
the health, safety, and general welfare of the buildings’ 
users against disasters.’’; 
(3) in subsection (f)— 
(A) in paragraph (1) by inserting ‘‘for mitigation activi-
ties 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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132 STAT. 3462 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 con-
sensus-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 MITIGA-
TION ASSISTANCE.— 
‘‘(1) IN GENERAL.—The President may set aside from the 
Disaster Relief Fund, with respect to each major disaster, an 
amount equal to 6 percent of the estimated aggregate amount 
of the grants to be made pursuant to sections 403, 406, 407, 
408, 410, 416, and 428 for the major disaster in order to 
provide technical and financial assistance under this section 
and such set aside shall be deemed to be related to activities 
carried out pursuant to major disasters under this Act. 
‘‘(2) ESTIMATED AGGREGATE AMOUNT.—Not later than 180 
days after each major disaster declaration pursuant to this 
Act, the estimated aggregate amount of grants for purposes 
of paragraph (1) shall be determined by the President and 
such estimated amount need not be reduced, increased, or 
changed due to variations in estimates. 
‘‘(3) NO REDUCTION IN AMOUNTS.—The amount set aside 
pursuant to paragraph (1) shall not reduce the amounts other-
wise 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 sub-
sections (j), (k), and (l), respectively and 
(8) by adding at the end the following: 
‘‘(m) LATEST PUBLISHED EDITIONS.—For purposes of subsections 
(e)(1)(B)(iv) and (g)(10), the term ‘latest published editions’ means, 
with respect to relevant consensus-based codes, specifications, and 
standards, the 2 most recently published editions.’’. 
(b) APPLICABILITY.—The amendments made to section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) 
shall apply to funds appropriated on or after the date of enactment 
of this Act. 
(c) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) all funding expended from the National Public Infra-
structure Predisaster Mitigation Assistance created by Section 
203(i)(1) of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5133), as added by this section, 
shall not be considered part of FEMA’s regular appropriations 
42 USC 5133 
note. 
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132 STAT. 3463 
PUBLIC LAW 115–254—OCT. 5, 2018 
for non-Stafford activities, also known as the Federal Emer-
gency Management Agency’s Disaster Relief Fund base; and 
(2) the President should have the funds related to the 
National Public Infrastructure Predisaster Mitigation Assist-
ance created by Section 203(i)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), 
as added by this section, identified in and allocated from the 
Federal Emergency Management Agency’s Disaster Relief Fund 
for major disasters declared pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.). 
(d) SUNSET.—On the date that is 5 years after the date of 
enactment of this Act, section 203 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended 
by striking subsection (m), as added by subsection (a)(8) of this 
section. 
SEC. 1235. ADDITIONAL MITIGATION ACTIVITIES. 
(a) HAZARD MITIGATION CLARIFICATION.—Section 404(a) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170c(a)) is amended by striking the first sentence 
and inserting the following: ‘‘The President may contribute up to 
75 percent of the cost of hazard mitigation measures which the 
President has determined are cost effective and which substantially 
reduce the risk of, or increase resilience to, future damage, hardship, 
loss, or suffering in any area affected by a major disaster.’’. 
(b) ELIGIBLE COST.—Section 406(e)(1)(A) of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5172(e)(1)(A)) is amended— 
(1) in the matter preceding clause (i), by inserting after 
‘‘section,’’ the following: ‘‘for disasters declared on or after 
August 1, 2017, or a disaster in which a cost estimate has 
not yet been finalized for a project, or for any project for 
which the finalized cost estimate is on appeal,’’; 
(2) in clause (i), by striking ‘‘and’’ at the end; 
(3) in clause (ii)— 
(A) by striking ‘‘codes, specifications, and standards’’ 
and inserting ‘‘the latest published editions of relevant 
consensus-based codes, specifications, and standards that 
incorporate the latest hazard-resistant designs and estab-
lish minimum acceptable criteria for the design, construc-
tion, and maintenance of residential structures and facili-
ties that may be eligible for assistance under this Act 
for the purposes of protecting the health, safety, and gen-
eral welfare of a facility’s users against disasters’’; 
(B) by striking ‘‘applicable at the time at which the 
disaster occurred’’; and 
(C) by striking the period at the end and inserting 
‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(iii) in a manner that allows the facility to meet 
the definition of resilient developed pursuant to this 
subsection.’’. 
(c) OTHER ELIGIBLE COST.—Section 406(e)(1) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5172(e)(1)) is further amended by adding at the end the following: 
42 USC 5133 
note. 
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132 STAT. 3464 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)) 
is further amended by adding at the end the following: 
‘‘(5) NEW RULES.— 
‘‘(A) IN GENERAL.—Not later than 18 months after the 
date of enactment of this paragraph, the President, acting 
through the Administrator of the Federal Emergency 
Management Agency, and in consultation with the heads 
of relevant Federal departments and agencies, shall issue 
a final rulemaking that defines the terms ‘resilient’ and 
‘resiliency’ for purposes of this subsection. 
‘‘(B) INTERIM GUIDANCE.—Not later than 60 days after 
the date of enactment of this paragraph, the Administrator 
shall issue interim guidance to implement this subsection. 
Such interim guidance shall expire 18 months after the 
date of enactment of this paragraph or upon issuance of 
final regulations pursuant to subparagraph (A), whichever 
occurs first. 
‘‘(C) GUIDANCE.—Not later than 90 days after the date 
on which the Administrator issues the final rulemaking 
under this paragraph, the Administrator shall issue any 
necessary guidance related to the rulemaking. 
‘‘(D) REPORT.—Not later than 2 years after the date 
of enactment of this paragraph, the Administrator shall 
submit to Congress a report summarizing the regulations 
and guidance issued pursuant to this paragraph.’’. 
(e) CONFORMING AMENDMENT.—Section 205(d)(2) of the Disaster 
Mitigation Act of 2000 (42 U.S.C. 5172 note) is amended by inserting 
‘‘(B)’’ after ‘‘except that paragraph (1)’’. 
SEC. 1236. GUIDANCE AND TRAINING BY FEMA ON COORDINATION 
OF EMERGENCY RESPONSE PLANS. 
(a) TRAINING REQUIREMENT.—The Administrator, in coordina-
tion with other relevant agencies, shall provide guidance and 
training on an annual basis to State, local, and Indian tribal govern-
ments, first responders, and facilities that store hazardous materials 
on coordination of emergency response plans in the event of a 
major disaster or emergency, including severe weather events. The 
guidance and training shall include the following: 
(1) Providing a list of equipment required in the event 
a hazardous substance is released into the environment. 
(2) Outlining the health risks associated with exposure 
to hazardous substances to improve treatment response. 
(3) Publishing best practices for mitigating further danger 
to communities from hazardous substances. 
(b) IMPLEMENTATION.—The requirement of subsection (a) shall 
be implemented not later than 180 days after the date of enactment 
of this Act. 
SEC. 1237. CERTAIN RECOUPMENT PROHIBITED. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
the Agency shall deem any covered disaster assistance to have 
been properly procured, provided, and utilized, and shall restore 
any funding of covered disaster assistance previously provided but 
subsequently withdrawn or deobligated. 
42 USC 5205a. 
42 USC 5196g. 
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132 STAT. 3465 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) COVERED DISASTER ASSISTANCE DEFINED.—In this section, 
the term ‘‘covered disaster assistance’’ means assistance— 
(1) provided to a local government pursuant to section 
403, 406, or 407 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173); 
and 
(2) with respect to which the inspector general of the 
Department of Homeland Security has determined, after an 
audit, that— 
(A) the Agency deployed to the local government a 
Technical Assistance Contractor to review field operations, 
provide eligibility advice, and assist with day-to-day 
decisions; 
(B) the Technical Assistance Contractor provided inac-
curate information to the local government; and 
(C) the local government relied on the inaccurate 
information to determine that relevant contracts were 
eligible, reasonable, and reimbursable. 
(c) EFFECTIVE DATE.—This section shall be effective on the 
date of enactment of this Act. 
SEC. 1238. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS 
AND NONPROFIT FACILITIES. 
(a) CRITICAL DOCUMENT FEE WAIVER.— 
(1) IN GENERAL.—Notwithstanding section 1 of the Passport 
Act of June 4, 1920 (22 U.S.C. 214) or any other provision 
of law, the President, in consultation with the Governor of 
a State, may provide a waiver under this subsection to an 
individual or household described in section 408(e)(1) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5174(e)(1)) for the following document replace-
ment 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 replace-
ment 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 indi-
vidual or household qualifies for a Form I–912 Request for 
Fee Waiver, or any successor thereto. 
(3) EXEMPTION FROM ASSISTANCE MAXIMUM.—The assist-
ance 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. 
42 USC 5174b. 
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132 STAT. 3466 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 pro-
viding critical document fee waivers as described in paragraph 
(1). 
(b) FEDERAL ASSISTANCE TO PRIVATE NONPROFIT CHILDCARE 
FACILITIES.—Section 102(11)(A) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(11)(A)) is 
amended— 
(1) in the second subparagraph (A) (as added by Public 
Law 115–123), by inserting ‘‘center-based childcare,’’ after 
‘‘facility),’’; and 
(2) in the first subparagraph (A), by striking ‘‘(A) IN GEN-
ERAL.—The term ‘private nonprofit facility’ means private non-
profit educational, utility’’ and all that follows through ‘‘Presi-
dent.’’. 
(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 declara-
tion under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), specifically the estimated 
cost of the assistance, and provide a report and briefing to the 
Committee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives. 
(b) RULEMAKING.—Not later than 2 years after the date of 
enactment of this Act, the Administrator shall review and initiate 
a rulemaking to update the factors considered when evaluating 
a Governor’s request for a major disaster declaration, including 
reviewing how the Agency estimates the cost of major disaster 
assistance, and consider other impacts on the capacity of a jurisdic-
tion to respond to disasters. In determining the capacity of a juris-
diction 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.— 
42 USC 5172 
note. 
42 USC 5170 
note. 
42 USC 5122 
note. 
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132 STAT. 3467 
PUBLIC LAW 115–254—OCT. 5, 2018 
(1) IN GENERAL.—The Administrator shall coordinate with 
State and local governments and organizations representing 
design professionals, such as architects and engineers, to 
develop guidance, including best practices, for post-disaster 
assessment of buildings by licensed architects and engineers 
to ensure the design professionals properly analyze the struc-
tural 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 Adminis-
trator 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 ASSESS-
MENT. 
Not later than 6 months after the date of enactment of this 
Act, and every 6 months thereafter until completion, the Adminis-
trator shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committees on 
Transportation and Infrastructure and Homeland Security of the 
House of Representatives an update on the progress of the Agency 
in completing action 6 with respect to the report published by 
the Government Accountability Office entitled ‘‘2012 Annual Report: 
Opportunities to Reduce Duplication, Overlap and Fragmentation, 
Achieve Savings, and Enhance Revenue’’ (February 28, 2012), which 
recommends the Agency to— 
(1) complete a national preparedness assessment of capa-
bility gaps at each level based on tiered, capability-specific 
performance objectives to enable prioritization of grant funding; 
and 
(2) identify the potential costs for establishing and 
maintaining those capabilities at each level and determine what 
capabilities Federal agencies should provide. 
SEC. 1243. FEMA REPORT ON DUPLICATION IN NON-NATURAL DIS-
ASTER 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 Commit-
tees 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 duplica-
tion 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-
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); 
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132 STAT. 3468 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) the Port Security Grant Program authorized under sec-
tion 70107 of title 46, United States Code; 
(3) the State Homeland Security Grant Program estab-
lished 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 sub-
section shall be a study of matters concerning best practices 
in mortality counts as a result of a major disaster (as 
defined in section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122)). 
(B) CONTENTS.—The study described in this subsection 
shall address approaches to quantifying mortality and 
significant morbidity among populations affected by major 
disasters, which shall include best practices and policy 
recommendations for— 
(i) equitable and timely attribution, in order to 
facilitate access to available benefits, among other 
things; 
(ii) timely prospective tracking of population levels 
of mortality and significant morbidity, and their 
causes, in order to continuously inform response efforts; 
and 
(iii) a retrospective study of disaster-related mor-
tality 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 para-
graph (1). 
(c) NO ADDITIONAL FUNDS AUTHORIZED.—No additional funds 
are authorized to carry out the requirements of this section. 
SEC. 1245. REVIEW OF ASSISTANCE FOR DAMAGED UNDERGROUND 
WATER INFRASTRUCTURE. 
(a) DEFINITION OF PUBLIC ASSISTANCE GRANT PROGRAM.—The 
term ‘‘public assistance grant program’’ means the public assistance 
grant program authorized under sections 403, 406, 407, 428, and 
502(a) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170b, 5172, 5173, 5192(a)). 
(b) REVIEW AND BRIEFING.—Not later than 60 days after the 
date of enactment of this Act, the Administrator shall— 
(1) conduct a review of the assessment and eligibility 
process under the public assistance grant program with respect 
to assistance provided for damaged underground water infra-
structure as a result of a major disaster declared under section 
401 of such Act (42 U.S.C. 5170), including wildfires, and shall 
42 USC 5172 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
include the extent to which local technical memoranda, pre-
pared by a local unit of government in consultation with the 
relevant State or Federal agencies, identified damaged under-
ground water infrastructure that should be eligible for the 
public assistance grant program; and 
(2) provide to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives 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 rec-
ommendations contained in the report. 
SEC. 1246. EXTENSION. 
The Administrator shall extend the deadlines to implement 
the reasonable and prudent alternative outlined in the jeopardy 
biological opinion dated April 14, 2016, by up to 3 years from 
the date of enactment of this Act. Within 18 months from the 
date of enactment of this Act, the Administrator shall submit to 
the Committee on Homeland Security and Governmental Affairs, 
the Committee on Banking, Housing, and Urban Affairs, and the 
Committee on Environment and Public Works of the Senate; and 
the Committee on Homeland Security, the Committee on Natural 
Resources, and the Committee on Transportation and Infrastructure 
of the House of Representatives a report on the status of imple-
menting these reasonable and prudent alternatives. 
DIVISION E—CONCRETE MASONRY 
SEC. 1301. SHORT TITLE. 
This division may be cited as the ‘‘Concrete Masonry Products 
Research, Education, and Promotion Act of 2018’’. 
SEC. 1302. DECLARATION OF POLICY. 
(a) PURPOSE.—The purpose of this division is to authorize the 
establishment of an orderly program for developing, financing, and 
carrying out an effective, continuous, and coordinated program of 
research, education, and promotion, including funds for marketing 
and market research activities, that is designed to— 
(1) strengthen the position of the concrete masonry products 
industry in the domestic marketplace; 
(2) maintain, develop, and expand markets and uses for 
concrete masonry products in the domestic marketplace; and 
(3) promote the use of concrete masonry products in 
construction and building. 
(b) LIMITATION.—Nothing in this division may be construed 
to provide for the control of production or otherwise limit the 
right of any person to manufacture concrete masonry products. 
SEC. 1303. DEFINITIONS. 
For the purposes of this division: 
15 USC 8702. 
Concrete 
Masonry 
Products 
Research, 
Education, and 
Promotion 
Act of 2018. 
15 USC 8701 
note. 
15 USC 8701. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 man-
made masonry unit having an actual width of 3 inches 
or greater and manufactured from dry-cast concrete using 
a block machine; and 
(B) includes concrete block and related concrete units 
used in masonry applications. 
(6) CONFLICT OF INTEREST.—The term ‘‘conflict of interest’’ 
means, with respect to a member or employee of the Board, 
a situation in which such member or employee has a direct 
or indirect financial or other interest in a person that performs 
a service for, or enters into a contract with, for anything of 
economic value. 
(7) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Commerce. 
(8) DRY-CAST
CONCRETE.—The term ‘‘dry-cast concrete’’ 
means a composite material that is composed essentially of 
aggregates embedded in a binding medium composed of a mix-
ture 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 tech-
nology and development, and other information and programs 
designed to generate increased demand for commercial, residen-
tial, multifamily, and institutional projects using concrete 
masonry products and to generally enhance the image of con-
crete masonry products. 
(10) MACHINE
CAVITIES.—The term ‘‘machine cavities’’ 
means the cavities with which a block machine could be 
equipped. 
(11) MACHINE CAVITIES IN OPERATION.—The term ‘‘machine 
cavities in operation’’ means those machine cavities associated 
with a block machine that have produced concrete masonry 
units within the last 6 months of the date set for determining 
eligibility and is fully operable and capable of producing con-
crete masonry units. 
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132 STAT. 3471 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 desir-
ability of concrete masonry products with the express intent 
of improving the competitive position and stimulating sales 
of concrete masonry products in the marketplace. 
(17) RESEARCH.—The term ‘‘research’’ means studies testing 
the effectiveness of market development and promotion efforts, 
studies relating to the improvement of concrete masonry prod-
ucts and new product development, and studies documenting 
the performance of concrete masonry. 
(18) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary 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 pro-
posed order with respect to the generic research, education, 
and promotion with regards to concrete masonry products may 
be— 
(A) proposed by the Secretary at any time; or 
(B) requested by or submitted to the Secretary by— 
(i) an existing national organization of concrete 
masonry product manufacturers; or 
(ii) any person that may be affected by the issuance 
of an order. 
(2) PUBLICATION
OF
PROPOSED
ORDER.—If the Secretary 
determines that a proposed order received in accordance with 
paragraph (1)(B) is consistent with and will effectuate the 
purpose of this division, the Secretary shall publish such pro-
posed 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 
15 USC 8703. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(2), the Secretary shall issue the order, taking into consider-
ation the comments received and including in the order 
such provisions as are necessary to ensure that the order 
is in conformity with this division. 
(B) EFFECTIVE DATE.—If there is an affirmative vote 
in a referendum as provided in section 1307, the Secretary 
shall issue the order and such order shall be effective 
not later than 140 days after publication of the proposed 
order. 
(c) AMENDMENTS.—The Secretary may, from time to time, 
amend an order. The provisions of this division applicable to an 
order shall be applicable to any amendment to an order. 
SEC. 1305. REQUIRED TERMS IN ORDERS. 
(a) IN GENERAL.—Any order issued under this division shall 
contain the terms and provisions specified in this section. 
(b) CONCRETE MASONRY PRODUCTS BOARD.— 
(1) ESTABLISHMENT AND MEMBERSHIP.— 
(A) ESTABLISHMENT.—The order shall provide for the 
establishment of a Concrete Masonry Products Board to 
carry out a program of generic promotion, research, and 
education regarding concrete masonry products. 
(B) MEMBERSHIP.— 
(i) NUMBER OF MEMBERS.—The Board shall consist 
of not fewer than 15 and not more than 25 members. 
(ii) APPOINTMENT.—The members of the Board 
shall be appointed by the Secretary from nominations 
submitted as provided in the order. 
(iii) COMPOSITION.—The Board shall consist of 
manufacturers. No employee of an industry trade 
organization exempt from tax under paragraph (3) or 
(6) of section 501(c) of the Internal Revenue Code of 
1986 representing the concrete masonry industry or 
related industries shall serve as a member of the Board 
and no member of the Board may serve concurrently 
as an officer of the board of directors of a national 
concrete masonry products industry trade association. 
Only 2 individuals from any single company or its 
affiliates may serve on the Board at any one time. 
(2) DISTRIBUTION OF APPOINTMENTS.— 
(A) REPRESENTATION.—To ensure fair and equitable 
representation of the concrete masonry products industry, 
the composition of the Board shall reflect the geographical 
distribution of the manufacture of concrete masonry prod-
ucts in the United States, the types of concrete masonry 
products manufactured, and the range in size of manufac-
turers 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, rec-
ommend to the Secretary the reapportionment of the Board 
membership to reflect changes in the geographical distribu-
tion of the manufacture of concrete masonry products and 
the types of concrete masonry products manufactured. 
15 USC 8704. 
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132 STAT. 3473 
PUBLIC LAW 115–254—OCT. 5, 2018 
(3) NOMINATIONS
PROCESS.—The Secretary may make 
appointments from nominations by manufacturers pursuant to 
the method set forth in the order. 
(4) FAILURE TO APPOINT.—If the Secretary fails to make 
an appointment to the Board within 60 days of receiving 
nominations for such appointment, the first nominee for such 
appointment shall be deemed appointed, unless the Secretary 
provides reasonable justification for the delay to the Board 
and to Congress and provides a reasonable date by which 
approval or disapproval will be made. 
(5) ALTERNATES.—The order shall provide for the selection 
of alternate members of the Board by the Secretary in accord-
ance 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 expira-
tion of a term of office of an incumbent member or alternate 
of the Board shall be filled in a manner provided for in 
the order. 
(7) DISQUALIFICATION
FROM
BOARD
SERVICE.—The order 
shall provide that if a member or alternate of the Board who 
was appointed as a manufacturer ceases to qualify as a manu-
facturer, such member or alternate shall be disqualified from 
serving on the Board. 
(8) COMPENSATION.— 
(A) IN GENERAL.—Members and any alternates of the 
Board shall serve without compensation. 
(B) TRAVEL
EXPENSES.—If approved by the Board, 
members or alternates shall be reimbursed for reasonable 
travel expenses, which may include per diem allowance 
or actual subsistence incurred while away from their homes 
or regular places of business in the performance of services 
for the Board. 
(c) POWERS AND DUTIES OF THE BOARD.—The order shall specify 
the powers and duties of the Board, including the power and duty— 
(1) to administer the order in accordance with its terms 
and conditions and to collect assessments; 
(2) to develop and recommend to the Secretary for approval 
such bylaws as may be necessary for the functioning of the 
Board and such rules as may be necessary to administer the 
order, including activities authorized to be carried out under 
the order; 
(3) to meet, organize, and select from among members 
of the Board a chairperson, other officers, and committees and 
subcommittees, as the Board determines appropriate; 
(4) to establish regional organizations or committees to 
administer regional initiatives; 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 compensa-
tion 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 assess-
ments collected under section 1306; 
(10) subject to subsection (e), to enter into contracts or 
agreements to develop and carry out programs or projects of 
research, education, and promotion relating to concrete masonry 
products; 
(11) to keep minutes, books, and records that reflect the 
actions and transactions of the Board, and promptly report 
minutes of each Board meeting to the Secretary; 
(12) to receive, investigate, and report to the Secretary 
complaints of violations of the order; 
(13) to furnish the Secretary with such information as 
the Secretary may request; 
(14) to recommend to the Secretary such amendments to 
the order as the Board considers appropriate; and 
(15) to provide the Secretary with advance notice of 
meetings to permit the Secretary, or the representative of the 
Secretary, to attend the meetings. 
(d) PROGRAMS AND PROJECTS; BUDGETS; EXPENSES.— 
(1) PROGRAMS AND PROJECTS.— 
(A) IN GENERAL.—The order shall require the Board 
to submit to the Secretary for approval any program or 
project of research, education, or promotion relating to 
concrete masonry products. 
(B) STATEMENT
REQUIRED.—Any educational or pro-
motional activity undertaken with funds provided by the 
Board shall include a statement that such activities were 
supported in whole or in part by the Board. 
(2) BUDGETS.— 
(A) SUBMISSION.—The order shall require the Board 
to submit to the Secretary for approval a budget of the 
anticipated expenses and disbursements of the Board in 
the implementation of the order, including the projected 
costs of concrete masonry products research, education, 
and promotion programs and projects. 
(B) TIMING.—The budget shall be submitted before the 
beginning of a fiscal year and as frequently as may be 
necessary after the beginning of the fiscal year. 
(C) APPROVAL.—If the Secretary fails to approve or 
reject a budget within 60 days of receipt, such budget 
shall be deemed approved, unless the Secretary provides 
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132 STAT. 3475 
PUBLIC LAW 115–254—OCT. 5, 2018 
to the Board and to Congress, in writing, reasonable jus-
tification for the delay and provides a reasonable date 
by which approval or disapproval will be made. 
(3) ADMINISTRATIVE EXPENSES.— 
(A) INCURRING EXPENSES.—The Board may incur the 
expenses described in paragraph (2) and other expenses 
for the administration, maintenance, and functioning of 
the Board as authorized by the Secretary. 
(B) PAYMENT OF EXPENSES.—Expenses incurred under 
subparagraph (A) shall be paid by the Board using assess-
ments 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 begin-
ning 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 connec-
tion with the order. 
(e) CONTRACTS AND AGREEMENTS.— 
(1) IN GENERAL.—The order shall provide that, with the 
approval of the Secretary, the Board may— 
(A) enter into contracts and agreements to carry out 
generic research, education, and promotion programs and 
projects relating to concrete masonry products, including 
contracts and agreements with manufacturer associations 
or other entities as considered appropriate by the Secretary; 
(B) enter into contracts and agreements for administra-
tive services; and 
(C) pay the cost of approved generic research, edu-
cation, and promotion programs and projects using assess-
ments collected under section 1306, earnings obtained from 
assessments, and other income of the Board. 
(2) REQUIREMENTS.—Each contract or agreement shall pro-
vide that any person who enters into the contract or agreement 
with the Board shall— 
(A) develop and submit to the Board a proposed pro-
gram or project together with a budget that specifies the 
cost to be incurred to carry out the program or project; 
(B) keep accurate records of all transactions relating 
to the contract or agreement; 
(C) account for funds received and expended in connec-
tion 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 Sec-
retary considers relevant. 
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132 STAT. 3476 
PUBLIC LAW 115–254—OCT. 5, 2018 
(3) FAILURE TO APPROVE.—If the Secretary fails to approve 
or reject a contract or agreement entered into under paragraph 
(1) within 60 days of receipt, the contract or agreement shall 
be deemed approved, unless the Secretary provides to the Board 
and to Congress, in writing, reasonable justification for the 
delay and provides a reasonable date by which approval or 
disapproval will be made. 
(f) BOOKS AND RECORDS OF BOARD.— 
(1) IN GENERAL.—The order shall require the Board to— 
(A) maintain such books and records (which shall be 
available to the Secretary for inspection and audit) as 
the Secretary may require; 
(B) collect and submit to the Secretary, at any time 
the Secretary may specify, any information the Secretary 
may request; and 
(C) account for the receipt and disbursement of all 
funds in the possession, or under the control, of the Board. 
(2) AUDITS.—The order shall require the Board to have— 
(A) the books and records of the Board audited by 
an independent auditor at the end of each fiscal year; 
and 
(B) a report of the audit submitted directly to the 
Secretary. 
(g) PROHIBITED ACTIVITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), the Board shall 
not engage in any program or project to, nor shall any funds 
received by the Board under this division be used to— 
(A) influence legislation, elections, or governmental 
action; 
(B) engage in an action that would be a conflict of 
interest; 
(C) engage in advertising that is false or misleading; 
(D) engage in any promotion, research, or education 
that would be disparaging to other construction materials; 
or 
(E) engage in any promotion or project that would 
benefit any individual manufacturer. 
(2) EXCEPTIONS.—Paragraph (1) does not preclude— 
(A) the development and recommendation of amend-
ments to the order; 
(B) the communication to appropriate government offi-
cials of information relating to the conduct, implementa-
tion, or results of research, education, and promotion activi-
ties 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 polit-
ical subdivision of a foreign government. 
(h) PERIODIC EVALUATION.—The order shall require the Board 
to provide for the independent evaluation of all research, education, 
and promotion programs or projects undertaken under the order, 
beginning 5 years after the date of enactment of this Act and 
every 3 years thereafter. The Board shall submit to the Secretary 
and make available to the public the results of each such evaluation. 
(i) OBJECTIVES.—The Board shall establish annual research, 
education, and promotion objectives and performance metrics for 
each fiscal year subject to approval by the Secretary. 
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132 STAT. 3477 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 manufactur-
ers shall— 
(A) maintain records sufficient to ensure compliance 
with the order and regulations; and 
(B) make the records described in subparagraph (A) 
available, during normal business hours, for inspection by 
employees or agents of the Board or the Department. 
(2) TIME REQUIREMENT.—Any record required to be main-
tained 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 rel-
evant; and 
(ii) the information is revealed in a judicial pro-
ceeding or administrative hearing brought at the direc-
tion or on the request of the Secretary or to which 
the Secretary or any officer of the Department is a 
party. 
(C) GENERAL
STATEMENTS
AND
PUBLICATIONS.—This 
paragraph does not prohibit— 
(i) the issuance of general statements based on 
reports or on information relating to a number of per-
sons subject to an order if the statements do not iden-
tify 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. 
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132 STAT. 3478 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 manufac-
tured concrete masonry products during a period of at least 180 
days prior to the date the assessment is to be remitted. 
(b) COLLECTION.— 
(1) IN GENERAL.—Assessments required under the order 
shall be remitted by the manufacturer to the Board in the 
manner prescribed by the order. 
(2) TIMING.—The order shall provide that assessments 
required under the order shall be remitted to the Board not 
less frequently than quarterly. 
(3) RECORDS.—As part of the remittance of assessments, 
manufacturers shall identify the total amount due in assess-
ments on all sales receipts, invoices or other commercial docu-
ments of sale as a result of the sale of concrete masonry 
units in a manner as prescribed by the Board to ensure compli-
ance with the order. 
(c) ASSESSMENT RATES.—With respect to assessment rates, the 
order shall contain the following terms: 
(1) INITIAL
RATE.—The assessment rate on concrete 
masonry products shall be $0.01 per concrete masonry unit 
sold. 
(2) CHANGES IN THE RATE.— 
(A) AUTHORITY
TO
CHANGE
RATE.—The Board shall 
have the authority to change the assessment rate. A two- 
thirds majority of voting members of the Board shall be 
required to approve a change in the assessment rate. 
(B) 
LIMITATION
ON
INCREASES.—An 
increase 
or 
decrease in the assessment rate with respect to concrete 
masonry products may not exceed $0.01 per concrete 
masonry unit sold. 
(C) MAXIMUM RATE.—The assessment rate shall not 
be in excess of $0.05 per concrete masonry unit. 
(D) LIMITATION
ON
FREQUENCY
OF
CHANGES.—The 
assessment rate may not be increased or decreased more 
than once annually. 
(d) LATE-PAYMENT AND INTEREST CHARGES.— 
(1) IN GENERAL.—Late-payment and interest charges may 
be levied on each person subject to the order who fails to 
remit an assessment in accordance with subsection (b). 
(2) RATE.—The rate for late-payment and interest charges 
shall be specified by the Secretary. 
(e) INVESTMENT
OF ASSESSMENTS.—Pending disbursement of 
assessments under a budget approved by the Secretary, the Board 
may invest assessments collected under this section in— 
(1) obligations of the United States or any agency of the 
United States; 
(2) general obligations of any State or any political subdivi-
sion of a State; 
(3) interest-bearing accounts or certificates of deposit of 
financial institutions that are members of the Federal Reserve 
System; or 
15 USC 8705. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(4) obligations fully guaranteed as to principal and interest 
by the United States. 
(f) ASSESSMENT FUNDS FOR REGIONAL INITIATIVES.— 
(1) IN GENERAL.—The order shall provide that not less 
than 50 percent of the assessments (less administration 
expenses) paid by a manufacturer shall be used to support 
research, education, and promotion programs and projects in 
support of the geographic region of the manufacturer. 
(2) GEOGRAPHIC REGIONS.—The order shall provide for the 
following geographic regions: 
(A) Region I shall comprise Connecticut, Delaware, 
the District of Columbia, Maine, Maryland, Massachusetts, 
New Hampshire, New Jersey, New York, Pennsylvania, 
Rhode Island, Vermont, and West Virginia. 
(B) Region II shall comprise Alabama, Florida, Georgia, 
Mississippi, North Carolina, South Carolina, Tennessee, 
and Virginia. 
(C) Region III shall comprise Illinois, Indiana, Iowa, 
Kentucky, Michigan, Minnesota, Nebraska, North Dakota, 
Ohio, South Dakota, and Wisconsin. 
(D) Region IV shall comprise Arizona, Arkansas, 
Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and 
Texas. 
(E) Region V shall comprise Alaska, California, Colo-
rado, 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 ref-
erendum among manufacturers eligible under subsection (b)(2) 
subject to assessments under section 1306. 
(2) APPROVAL OF ORDER NEEDED.—The order shall become 
effective only if the Secretary determines that the order has 
been approved by a majority of manufacturers voting who also 
represent a majority of the machine cavities in operation of 
those manufacturers voting in the referendum. 
(b) VOTES PERMITTED.— 
(1) IN GENERAL.—Each manufacturer eligible to vote in 
a referendum conducted under this section shall be entitled 
to cast 1 vote. 
(2) ELIGIBILITY.—For purposes of paragraph (1), a manufac-
turer shall be considered to be eligible to vote if the manufac-
turer 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. 
15 USC 8706. 
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132 STAT. 3480 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) ADVANCE REGISTRATION.—A manufacturer who chooses 
to vote in any referendum conducted under this section shall 
register with the Secretary prior to the voting period, after 
receiving notice from the Secretary concerning the referendum 
under paragraph (4). 
(3) VOTING.—The Secretary shall establish procedures for 
voting in any referendum conducted under this section. The 
ballots and other information or reports that reveal or tend 
to reveal the identity or vote of voters shall be strictly confiden-
tial. 
(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 require-
ments 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 ref-
erendum conducted under subsection (d), the Secretary determines 
that suspension or termination of the order is favored by a majority 
of all votes cast in the referendum as provided in subsection (a)(2), 
the Secretary shall— 
(1) not later than 180 days after the referendum, suspend 
or terminate, as appropriate, collection of assessments under 
the order; and 
(2) suspend or terminate, as appropriate, programs and 
projects under the order as soon as practicable and in an 
orderly manner. 
(f) COSTS OF REFERENDA.—The Board established under an 
order with respect to which a referendum is conducted under this 
section shall reimburse the Secretary from assessments for any 
expenses incurred by the Secretary to conduct the referendum. 
SEC. 1308. PETITION AND REVIEW. 
(a) PETITION.— 
(1) IN GENERAL.—A person subject to an order issued under 
this division may file with the Secretary a petition— 
(A) stating that the order, any provision of the order, 
or any obligation imposed in connection with the order, 
is not established in accordance with law; and 
(B) requesting a modification of the order or an exemp-
tion from the order. 
(2) HEARING.—The Secretary shall give the petitioner an 
opportunity for a hearing on the petition, in accordance with 
regulations issued by the Secretary. 
15 USC 8707. 
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132 STAT. 3481 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 peti-
tion. 
(b) REVIEW.— 
(1) COMMENCEMENT OF ACTION.—The district courts of the 
United States in any district in which a person who is a 
petitioner under subsection (a) resides or conducts business 
shall have jurisdiction to review the ruling of the Secretary 
on the petition of the person, if a complaint requesting the 
review is filed no later than 30 days after the date of the 
entry of the ruling by the Secretary. 
(2) PROCESS.—Service of process in proceedings under this 
subsection shall be conducted in accordance with the Federal 
Rules of Civil Procedure. 
(3) REMANDS.—If the court in a proceeding under this 
subsection determines that the ruling of the Secretary on the 
petition of the person is not in accordance with law, the court 
shall remand the matter to the Secretary with directions— 
(A) to make such ruling as the court shall determine 
to be in accordance with law; or 
(B) to take such further action as, in the opinion of 
the court, the law requires. 
(c) ENFORCEMENT.—The pendency of proceedings instituted 
under this section shall not impede, hinder, or delay the Attorney 
General or the Secretary from obtaining relief under section 1309. 
SEC. 1309. ENFORCEMENT. 
(a) JURISDICTION.—A district court of the United States shall 
have jurisdiction to enforce, and to prevent and restrain any person 
from violating, this division or an order or regulation issued by 
the Secretary under this division. 
(b) REFERRAL TO ATTORNEY GENERAL.—A civil action authorized 
to be brought under this section shall be referred to the Attorney 
General of the United States for appropriate action. 
(c) CIVIL PENALTIES AND ORDERS.— 
(1) CIVIL PENALTIES.—A person who willfully violates an 
order or regulation issued by the Secretary under this division 
may be assessed by the Secretary a civil penalty of not more 
than $5,000 for each violation. 
(2) SEPARATE
OFFENSE.—Each violation and each day 
during which there is a failure to comply with an order or 
regulation issued by the Secretary shall be considered to be 
a separate offense. 
(3) CEASE-AND-DESIST ORDERS.—In addition to, or in lieu 
of, a civil penalty, the Secretary may issue an order requiring 
a person to cease and desist from violating the order or regula-
tion. 
(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 
15 USC 8708. 
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132 STAT. 3482 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 divi-
sion shall be in addition to, and not exclusive of, other remedies 
that may be available. 
SEC. 1310. INVESTIGATION AND POWER TO SUBPOENA. 
(a) INVESTIGATIONS.—The Secretary may conduct such inves-
tigations 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 admin-
ister oaths and affirmations, subpoena witnesses, compel the 
attendance of witnesses, take evidence, and require the produc-
tion of any records that are relevant to the inquiry. The produc-
tion 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 wit-
nesses, take evidence, and require the production of any records 
that are relevant to the inquiry. The attendance of witnesses 
and the production of the records may be required from any 
place in the United States. 
(c) AID OF COURTS.— 
(1) IN GENERAL.—In the case of contumacy by, or refusal 
to obey a subpoena issued under subsection (b) to, any person, 
the Secretary may invoke the aid of any court of the United 
States within the jurisdiction of which the investigation or 
proceeding is conducted, or where the person resides or conducts 
business, in order to enforce a subpoena issued under subsection 
(b). 
(2) ORDER.—The court may issue an order requiring the 
person referred to in paragraph (1) to comply with a subpoena 
referred to in paragraph (1). 
(3) FAILURE TO OBEY.—Any failure to obey the order of 
the court may be punished by the court as a contempt of 
court. 
(4) PROCESS.—Process in any proceeding under this sub-
section 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 
15 USC 8710. 
15 USC 8709. 
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132 STAT. 3483 
PUBLIC LAW 115–254—OCT. 5, 2018 
order is not favored by a majority of all votes cast in the referendum 
as provided in section 1307(a)(2). 
(b) IMPLEMENTATION OF SUSPENSION OR TERMINATION.—If, as 
a result of a referendum conducted under section 1307, the Sec-
retary 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 assess-
ments under the order; and 
(2) as soon as practicable, suspend or terminate, as the 
case may be, activities under the order in an orderly manner. 
SEC. 1312. AMENDMENTS TO ORDERS. 
The provisions of this division applicable to the order shall 
be applicable to any amendment to the order, except that section 
1308 shall not apply to an amendment. 
SEC. 1313. EFFECT ON OTHER LAWS. 
This division shall not affect or preempt any other Federal 
or State law authorizing research, education, and promotion relating 
to concrete masonry products. 
SEC. 1314. REGULATIONS. 
The Secretary may issue such regulations as may be necessary 
to carry out this division and the power vested in the Secretary 
under this division. 
SEC. 1315. LIMITATION ON EXPENDITURES FOR ADMINISTRATIVE 
EXPENSES. 
Funds appropriated to carry out this division may not be used 
for the payment of the expenses or expenditures of the Board 
in administering the order. 
SEC. 1316. LIMITATIONS ON OBLIGATION OF FUNDS. 
(a) IN GENERAL.—In each fiscal year of the covered period, 
the Board may not obligate an amount greater than the sum of— 
(1) 73 percent of the amount of assessments estimated 
to be collected under section 1306 in such fiscal year; 
(2) 73 percent of the amount of assessments actually col-
lected 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 obli-
gated pursuant to this subsection that have not been obligated. 
(b) EXCESS AMOUNTS DEPOSITED IN ESCROW ACCOUNT.—Assess-
ments collected under section 1306 in excess of the amount per-
mitted to be obligated under subsection (a) in a fiscal year shall 
be deposited in an escrow account for the duration of the covered 
period. 
(c) TREATMENT OF AMOUNTS IN ESCROW ACCOUNT.—During the 
covered period, the Board may not obligate, expend, or borrow 
against amounts required under subsection (b) to be deposited 
in the escrow account. Any interest earned on such amounts shall 
be deposited in the escrow account and shall be unavailable for 
obligation for the duration of the covered period. 
15 USC 8715. 
15 USC 8714. 
15 USC 8713. 
15 USC 8712. 
15 USC 8711. 
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132 STAT. 3484 
PUBLIC LAW 115–254—OCT. 5, 2018 
(d) RELEASE OF AMOUNTS IN ESCROW ACCOUNT.—After the cov-
ered period, the Board may withdraw and obligate in any fiscal 
year an amount in the escrow account that does not exceed 1⁄5 
of the amount in the escrow account on the last day of the covered 
period. 
(e) SPECIAL RULE
FOR ESTIMATES
FOR PARTICULAR FISCAL 
YEARS.— 
(1) RULE.—For purposes of subsection (a)(1), the amount 
of assessments estimated to be collected under section 1306 
in a fiscal year specified in paragraph (2) shall be equal to 
62 percent of the amount of assessments actually collected 
under such section in the most recent fiscal year for which 
an audit report has been submitted under section 1305(f)(2)(B) 
as of the beginning of the fiscal year for which the amount 
that may be obligated is being determined. 
(2) FISCAL YEARS SPECIFIED.—The fiscal years specified in 
this paragraph are the 9th and 10th fiscal years that begin 
on or after the date of enactment of this Act. 
(f) COVERED PERIOD DEFINED.—In this section, the term ‘‘cov-
ered 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 ACCOUNT-
ABILITY OFFICE. 
Not later than 5 years after the date of enactment of this 
Act, the Comptroller General of the United States shall prepare 
a study, and not later than 8 years after the date of enactment 
of this Act, the Comptroller General shall submit to Congress and 
the Secretary a report, examining— 
(1) how the Board spends assessments collected; 
(2) the extent to which the reported activities of the Board 
help achieve the annual objectives of the Board; 
(3) any changes in demand for concrete masonry products 
relative to other building materials; 
(4) any impact of the activities of the Board on the market 
share of competing products; 
(5) any impact of the activities of the Board on the overall 
size of the market for building products; 
(6) any impact of the activities of the Board on the total 
number of concrete-masonry-related jobs, including manufac-
turing, 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 incor-
porated; 
(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; 
15 USC 8716. 
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132 STAT. 3485 
PUBLIC LAW 115–254—OCT. 5, 2018 
(12) the appropriateness of administering the program from 
within the Office of the Secretary of Commerce and the appro-
priateness of administering the program from within any divi-
sion of the Department, including whether the Department 
has the expertise, knowledge, or other capabilities necessary 
to adequately administer the program; and 
(13) any other topic that the Comptroller General considers 
appropriate. 
SEC. 1318. STUDY AND REPORT BY THE DEPARTMENT OF COMMERCE. 
Not later than 3 years after the date of enactment of this 
Act, the Secretary shall prepare a study and submit to Congress 
a report examining the appropriateness and effectiveness of 
applying the commodity check-off program model (such as those 
programs established under the Commodity Promotion, Research, 
and Information Act of 1996 (7 U.S.C. 7411 et seq.)) to a non-
agricultural industry, taking into account the program established 
by this division and any other check-off program involving a non-
agricultural industry. 
DIVISION F—BUILD ACT OF 2018 
SEC. 1401. SHORT TITLE. 
This division may be cited as the ‘‘Better Utilization of Invest-
ments 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 Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Foreign Affairs and the Com-
mittee on Appropriations of the House of Representatives. 
(2) LESS DEVELOPED COUNTRY.—The term ‘‘less developed 
country’’ means a country with a low-income economy, lower- 
middle-income economy, or upper-middle-income economy, as 
defined by the International Bank for Reconstruction and 
Development and the International Development Association 
(collectively referred to as the ‘‘World Bank’’). 
(3) PREDECESSOR
AUTHORITY.—The term ‘‘predecessor 
authority’’ means authorities repealed by title VI. 
(4) QUALIFYING SOVEREIGN ENTITY.—The term ‘‘qualifying 
sovereign entity’’ means— 
(A) any agency or instrumentality of a foreign state 
(as defined in section 1603 of title 28, United States Code) 
that has a purpose that is similar to the purpose of the 
Corporation as described in section 1412(b); or 
(B) any international financial institution (as defined 
in section 1701(c) of the International Financial Institutions 
Act (22 U.S.C. 262r(c))). 
22 USC 9601. 
Better Utilization 
of Investments 
Leading to 
Development 
Act of 2018. 
22 USC 9601 
note. 
15 USC 8717. 
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132 STAT. 3486 
PUBLIC LAW 115–254—OCT. 5, 2018 
TITLE I—ESTABLISHMENT 
SEC. 1411. STATEMENT OF POLICY. 
It is the policy of the United States to facilitate market-based 
private sector development and inclusive economic growth in less 
developed countries through the provision of credit, capital, and 
other financial support— 
(1) to mobilize private capital in support of sustainable, 
broad-based economic growth, poverty reduction, and develop-
ment 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 develop-
ment outcomes; 
(5) to coordinate with institutions with purposes similar 
to the purposes of the Corporation to leverage resources of 
those institutions to produce the greatest impact; 
(6) to provide countries a robust alternative to state- 
directed investments by authoritarian governments and United 
States strategic competitors using best practices with respect 
to transparency and environmental and social safeguards, and 
which take into account the debt sustainability of partner coun-
tries; 
(7) to leverage private sector capabilities and innovative 
development tools to help countries transition from recipients 
of bilateral development assistance toward increased self-reli-
ance; 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 Cor-
poration (in this division referred to as the ‘‘Corporation’’), which 
shall be a wholly owned Government corporation for purposes of 
chapter 91 of title 31, United States Code, under the foreign policy 
guidance of the Secretary of State. 
(b) PURPOSE.—The purpose of the Corporation shall be to 
mobilize and facilitate the participation of private sector capital 
and skills in the economic development of less developed countries, 
as described in subsection (c), and countries in transition from 
nonmarket to market economies, in order to complement the 
development assistance objectives, and advance the foreign policy 
interests, of the United States. In carrying out its purpose, the 
Corporation, utilizing broad criteria, shall take into account in 
its financing operations the economic and financial soundness and 
development objectives of projects for which it provides support 
under title II. 
22 USC 9612. 
22 USC 9611. 
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132 STAT. 3487 
PUBLIC LAW 115–254—OCT. 5, 2018 
(c) LESS DEVELOPED COUNTRY FOCUS.— 
(1) IN GENERAL.—The Corporation shall prioritize the provi-
sion of support under title II in less developed countries with 
a low-income economy or a lower-middle-income economy. 
(2) SUPPORT
IN
UPPER-MIDDLE-INCOME
COUNTRIES.—The 
Corporation shall restrict the provision of support under title 
II in a less developed country with an upper-middle-income 
economy unless— 
(A) the President certifies to the appropriate congres-
sional committees that such support furthers the national 
economic or foreign policy interests of the United States; 
and 
(B) such support is designed to produce significant 
developmental outcomes or provide developmental benefits 
to the poorest population of that country. 
SEC. 1413. MANAGEMENT OF CORPORATION. 
(a) STRUCTURE OF CORPORATION.—There shall be in the Cor-
poration 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 con-
sultations, hearings, and other forms of engagement in 
order to provide for meaningful public participation in the 
Board’s activities. 
(2) MEMBERSHIP OF BOARD.— 
(A) IN GENERAL.—The Board shall consist of— 
(i) the Chief Executive Officer of the Corporation; 
(ii) the officers specified in subparagraph (B); and 
(iii) four other individuals who shall be appointed 
by the President, by and with the advice and consent 
of the Senate, of which— 
(I) one individual should be appointed from 
among a list of at least 5 individuals submitted 
by the majority leader of the Senate after consulta-
tion with the chairman of the Committee on For-
eign 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 consulta-
tion with the ranking member of the Committee 
on Foreign Relations of the Senate; 
22 USC 9613. 
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132 STAT. 3488 
PUBLIC LAW 115–254—OCT. 5, 2018 
(III) one individual should be appointed from 
among a list of at least 5 individuals submitted 
by the Speaker of the House of Representatives 
after consultation with the chairman of the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives; 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 Representa-
tives 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 des-
ignee of the Administrator. 
(III) The Secretary of the Treasury or a des-
ignee of the Secretary. 
(IV) The Secretary of Commerce or a designee 
of the Secretary. 
(ii) REQUIREMENTS
FOR
DESIGNEES.—A designee 
under clause (i) shall be selected from among officers— 
(I) appointed by the President, by and with 
the advice and consent of the Senate; 
(II) whose duties relate to the programs of 
the Corporation; and 
(III) who is designated by and serving at the 
pleasure of the President. 
(C) REQUIREMENTS FOR NONGOVERNMENT MEMBERS.— 
A member of the Board described in subparagraph (A)(iii)— 
(i) may not be an officer or employee of the United 
States Government; 
(ii) shall have relevant experience, which may 
include experience relating to the private sector, the 
environment, labor organizations, or international 
development, to carry out the purpose of the Corpora-
tion; 
(iii) shall be appointed for a term of 3 years and 
may be reappointed for one additional term; 
(iv) shall serve until the member’s successor is 
appointed and confirmed; 
(v) shall be compensated at a rate equivalent to 
that of level IV of the Executive Schedule under section 
5315 of title 5, United States Code, when engaged 
in the business of the Corporation; and 
(vi) may be paid per diem in lieu of subsistence 
at the applicable rate under the Federal Travel Regula-
tion under subtitle F of title 41, Code of Federal Regu-
lations, 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. 
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132 STAT. 3489 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) VICE CHAIRPERSON.—The Administrator of the United 
States Agency for International Development, or the designee 
of the Administrator under paragraph (2)(B)(i)(II), shall serve 
as the Vice Chairperson of the Board. 
(5) QUORUM.—Five members of the Board shall constitute 
a quorum for the transaction of business by the Board. 
(c) PUBLIC HEARINGS.—The Board shall hold at least 2 public 
hearings each year in order to afford an opportunity for any person 
to present views with respect to whether— 
(1) the Corporation is carrying out its activities in accord-
ance 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 Presi-
dent, 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 proce-
dures established by the Board. 
(3) RELATIONSHIP TO BOARD.—The Chief Executive Officer 
shall report to and be under the direct authority of the Board. 
(4) COMPENSATION.—Section 5313 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘Chief Executive Officer, United States International 
Development Finance Corporation.’’. 
(e) DEPUTY CHIEF EXECUTIVE OFFICER.—There shall be in the 
Corporation a Deputy Chief Executive Officer, who shall be 
appointed by the President, by and with the advice and consent 
of the Senate, and who shall serve at the pleasure of the President. 
(f) CHIEF RISK OFFICER.— 
(1) APPOINTMENT.—Subject to the approval of the Board, 
the Chief Executive Officer of the Corporation shall appoint 
a Chief Risk Officer, from among individuals with experience 
at a senior level in financial risk management, who— 
(A) shall report directly to the Board; and 
(B) shall be removable only by a majority vote of the 
Board. 
(2) DUTIES.—The Chief Risk Officer shall, in coordination 
with the audit committee of the Board established under section 
1441, develop, implement, and manage a comprehensive process 
for identifying, assessing, monitoring, and limiting risks to 
the Corporation, including the overall portfolio diversification 
of the Corporation. 
(g) CHIEF DEVELOPMENT OFFICER.— 
(1) APPOINTMENT.—Subject to the approval of the Board, 
the Chief Executive Officer, with the concurrence of the 
Administrator of the United States Agency for International 
Development, shall appoint a Chief Development Officer, from 
among individuals with experience in development, who— 
(A) shall report directly to the Board; and 
(B) shall be removable only by a majority vote of the 
Board. 
(2) DUTIES.—The Chief Development Officer shall— 
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132 STAT. 3490 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Cor-
poration’s tools in relation to development policy and 
projects in countries; 
(B) under the guidance of the Chief Executive Officer, 
manage employees of the Corporation that are dedicated 
to structuring, monitoring, and evaluating transactions and 
projects co-designed with the United States Agency for 
International Development and other relevant United 
States Government departments and agencies; 
(C) authorize and coordinate transfers of funds or other 
resources to and from such agencies, departments, or mis-
sions 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 para-
graphs (1)(A) and (3)(A) of section 1443(b); 
(E) coordinate and implement the activities of the Cor-
poration 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 sec-
tion, officers, employees, and agents shall be selected and 
appointed by the Corporation, and shall be vested with such 
powers and duties as the Corporation may determine. 
(2) ADMINISTRATIVELY DETERMINED EMPLOYEES.— 
(A) APPOINTMENT; COMPENSATION; REMOVAL.—Of offi-
cers and employees employed by the Corporation under 
paragraph (1), not more than 50 may be appointed, com-
pensated, 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 sub-
chapter III of chapter 53 of title 5, United States Code, 
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132 STAT. 3491 
PUBLIC LAW 115–254—OCT. 5, 2018 
relating to classification of positions and General Schedule 
pay rates, respectively. 
(3) LIABILITY OF EMPLOYEES.— 
(A) IN GENERAL.—An individual who is a member of 
the Board or an officer or employee of the Corporation 
has no liability under this division with respect to any 
claim arising out of or resulting from any act or omission 
by the individual within the scope of the employment of 
the individual in connection with any transaction by the 
Corporation. 
(B) RULE OF CONSTRUCTION.—Subparagraph (A) shall 
not be construed to limit personal liability of an individual 
for criminal acts or omissions, willful or malicious mis-
conduct, 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 Cor-
poration and members of the Development Advisory 
Council established under subsection (i). 
(D) SAVINGS PROVISION.—This paragraph shall not be 
construed— 
(i) to affect— 
(I) any other immunities and protections that 
may be available to an individual described in 
subparagraph (A) under applicable law with 
respect to a transaction described in that subpara-
graph; 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 Corpora-
tion. 
(2) MEMBERSHIP.—Members of the Council shall be 
appointed by the Board, on the recommendation of the Chief 
Executive Officer and the Chief Development Officer, and shall 
be composed of not more than 9 members broadly representative 
of nongovernmental organizations, think tanks, advocacy 
organizations, foundations, and other institutions engaged in 
international development. 
(3) FUNCTIONS.—The Board shall call upon members of 
the Council, either collectively or individually, to advise the 
Board regarding the extent to which the Corporation is meeting 
its development mandate and any suggestions for improvements 
in with respect to meeting that mandate, including opportuni-
ties in countries and project development and implementation 
challenges and opportunities. 
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132 STAT. 3492 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) FEDERAL ADVISORY COMMITTEE ACT.—The Council shall 
not be subject to the Federal Advisory Committee Act (5 U.S.C. 
App.). 
SEC. 1414. INSPECTOR GENERAL OF THE CORPORATION. 
(a) IN GENERAL.—Section 8G(a)(2) of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by inserting ‘‘the United 
States International Development Finance Corporation,’’ after ‘‘the 
Smithsonian Institution,’’. 
(b) 
OVERSIGHT
INDEPENDENCE.—Section 
8G(a)(4) 
of 
the 
Inspector General Act of 1978 (5 U.S.C. App.) is amended— 
(1) in subparagraph (H), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in subparagraph (I), by striking the semicolon and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(J) with respect to the United States International 
Development Finance Corporation, such term means the 
Board of Directors of the United States International 
Development Finance Corporation;’’. 
SEC. 1415. INDEPENDENT ACCOUNTABILITY MECHANISM. 
(a) IN GENERAL.—The Board shall establish a transparent and 
independent accountability mechanism. 
(b) FUNCTIONS.—The independent accountability mechanism 
established pursuant to subsection (a) shall— 
(1) annually evaluate and report to the Board and Congress 
regarding compliance with environmental, social, labor, human 
rights, and transparency standards, consistent with Corporation 
statutory mandates; 
(2) provide a forum for resolving concerns regarding the 
impacts of specific Corporation-supported projects with respect 
to such standards; and 
(3) provide advice regarding Corporation projects, policies, 
and practices. 
TITLE II—AUTHORITIES 
SEC. 1421. AUTHORITIES RELATING TO PROVISION OF SUPPORT. 
(a) IN GENERAL.—The authorities in this title shall only be 
exercised to— 
(1) carry out of the policy of the United States in section 
1411 and the purpose of the Corporation in section 1412; 
(2) mitigate risks to United States taxpayers by sharing 
risks with the private sector and qualifying sovereign entities 
through co-financing and structuring of tools; and 
(3) ensure that support provided under this title is addi-
tional 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 denomi-
nated loans and guaranties should only be provided if the 
22 USC 9621. 
22 USC 9614. 
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132 STAT. 3493 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 commit-
ments 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 pro-
vided by paragraph (1) should only be provided if the Board 
determines there is a substantive policy rationale for such 
support. 
(3) GUIDELINES
AND
CRITERIA.—The Corporation shall 
develop guidelines and criteria to require that the use of the 
authority provided by paragraph (1) with respect to a project 
has a clearly defined development and foreign policy purpose, 
taking into account the following objectives: 
(A) The support for the project would be more likely 
than not to substantially reduce or overcome the effect 
of an identified market failure in the country in which 
the project is carried out. 
(B) The project would not have proceeded or would 
have been substantially delayed without the support. 
(C) The support would meaningfully contribute to 
transforming local conditions to promote the development 
of markets. 
(D) The support can be shown to be aligned with 
commercial partner incentives. 
(E) The support can be shown to have significant 
developmental impact and will contribute to long-term 
commercial sustainability. 
(F) The support furthers the policy of the United States 
described in section 1411. 
(4) LIMITATIONS ON EQUITY INVESTMENTS.— 
(A) PER PROJECT LIMIT.—The aggregate amount of sup-
port provided under this subsection with respect to any 
project shall not exceed 30 percent of the aggregate amount 
of all equity investment made to the project at the time 
that the Corporation approves support of the project. 
(B) TOTAL LIMIT.—Support provided pursuant to this 
subsection shall be limited to not more than 35 percent 
of the Corporation’s aggregate exposure on the date that 
such support is provided. 
(5) SALES AND LIQUIDATION OF POSITION.—The Corporation 
shall seek to sell and liquidate any support for a project pro-
vided under this subsection as soon as commercially feasible, 
commensurate with other similar investors in the project and 
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132 STAT. 3494 
PUBLIC LAW 115–254—OCT. 5, 2018 
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, ter-
rorism, civil disturbance, breach of contract, or nonhonoring of 
financial obligations. 
(e) PROMOTION
OF
AND SUPPORT
FOR PRIVATE INVESTMENT 
OPPORTUNITIES.— 
(1) IN
GENERAL.—In order to carry out the purpose of 
the Corporation described in section 1412(b), the Corporation 
may initiate and support, through financial participation, incen-
tive grant, or otherwise, and on such terms and conditions 
as the Corporation may determine, feasibility studies for the 
planning, development, and management of, and procurement 
for, potential bilateral and multilateral development projects 
eligible for support under this title, including training activities 
undertaken in connection with such projects, for the purpose 
of promoting investment in such projects and the identification, 
assessment, surveying, and promotion of private investment 
opportunities, utilizing wherever feasible and effective, the 
facilities of private investors. 
(2) CONTRIBUTIONS TO COSTS.—The Corporation shall, to 
the maximum extent practicable, require any person receiving 
funds under the authorities of this subsection to— 
(A) share the costs of feasibility studies and other 
project planning services funded under this subsection; and 
(B) reimburse the Corporation those funds provided 
under this section, if the person succeeds in project 
implementation. 
(f) SPECIAL PROJECTS AND PROGRAMS.—The Corporation may 
administer and manage special projects and programs in support 
of specific transactions undertaken by the Corporation, including 
programs of financial and advisory support that provide private 
technical, professional, or managerial assistance in the development 
of human resources, skills, technology, capital savings, or inter-
mediate 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 consulta-
tion with the Secretary of State, the Administrator of the 
United States Agency for International Development, and the 
heads of other relevant departments or agencies, establish and 
operate enterprise funds in accordance with this subsection. 
(2) PRIVATE CHARACTER OF FUNDS.—Nothing in this section 
shall be construed to make an enterprise fund an agency or 
establishment of the United States Government, or to make 
the officers, employees, or members of the Board of Directors 
of an enterprise fund officers or employees of the United States 
for purposes of title 5, United States Code. 
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132 STAT. 3495 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 enter-
prises 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 eco-
nomic freedom and private sector development. 
(D) To attract foreign direct investment capital to fur-
ther promote private sector development and economic 
freedom. 
(E) To complement the work of the United States 
Agency for International Development and other donors 
to improve the overall business-enabling environment, 
financing the creation and expansion of the private busi-
ness 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 enter-
prise fund shall be expended at the minimum rate nec-
essary to make timely payments for projects and activities 
carried out under this subsection. 
(B) ADMINISTRATIVE EXPENSES.—Not more than 3 per-
cent per annum of the funds made available to an enter-
prise fund may be obligated or expended for the administra-
tive expenses of the enterprise fund. 
(5) BOARD OF DIRECTORS.—Each enterprise fund established 
under this subsection should be governed by a Board of Direc-
tors comprised of private citizens of the United States or the 
host country, who— 
(A) shall be appointed by the President after consulta-
tion with the chairmen and ranking members of the appro-
priate congressional committees; and 
(B) have pursued careers in international business and 
have demonstrated expertise in international and emerging 
market investment activities. 
(6) MAJORITY MEMBER REQUIREMENT.—The majority of the 
members of the Board of Directors shall be United States 
citizens who shall have relevant experience relating to the 
purposes described in paragraph (3). 
(7) REPORTS.—Not later than one year after the date of 
the establishment of an enterprise fund under this subsection, 
and annually thereafter until the enterprise fund terminates 
in accordance with paragraph (10), the Board of Directors of 
the enterprise fund shall— 
(A) submit to the appropriate congressional committees 
a report— 
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132 STAT. 3496 
PUBLIC LAW 115–254—OCT. 5, 2018 
(i) detailing the administrative expenses of the 
enterprise fund during the year preceding the submis-
sion of the report; 
(ii) describing the operations, activities, engage-
ment with civil society and relevant local private sector 
entities, development objectives and outcomes, finan-
cial condition, and accomplishments of the enterprise 
fund during that year; 
(iii) describing the results of any audit conducted 
under paragraph (8); and 
(iv) describing how audits conducted under para-
graph (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 subpara-
graph (A). 
(8) OVERSIGHT.— 
(A) INSPECTOR GENERAL PERFORMANCE AUDITS.— 
(i) IN GENERAL.—The Inspector General of the Cor-
poration shall conduct periodic audits of the activities 
of each enterprise fund established under this sub-
section. 
(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 para-
graph (3); 
(II) 
result 
in 
profitable 
private 
sector 
investing; and 
(III) generate measurable social benefits. 
(B) RECORDKEEPING REQUIREMENTS.—The Corporation 
shall ensure that each enterprise fund receiving support 
under this subsection— 
(i) keeps separate accounts with respect to such 
support; and 
(ii) maintains such records as may be reasonably 
necessary to facilitate effective audits under this para-
graph. 
(9) RETURN OF FUNDS TO TREASURY.—Any funds resulting 
from any liquidation, dissolution, or winding up of an enterprise 
fund, in whole or in part, shall be returned to the Treasury 
of the United States. 
(10) TERMINATION.—The authority of an enterprise fund 
to provide support under this subsection shall terminate on 
the earlier of— 
(A) the date that is 10 years after the date of the 
first expenditure of amounts from the enterprise fund; or 
(B) the date on which the enterprise fund is liquidated. 
(h) SUPERVISION
OF SUPPORT.—Support provided under this 
title shall be subject to section 622(c) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2382(c)). 
(i) SMALL BUSINESS DEVELOPMENT.— 
(1) IN
GENERAL.—The Corporation shall undertake, in 
cooperation with appropriate departments, agencies, and 
instrumentalities of the United States as well as private entities 
and others, to broaden the participation of United States small 
businesses and cooperatives and other small United States 
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132 STAT. 3497 
PUBLIC LAW 115–254—OCT. 5, 2018 
investors in the development of small private enterprise in 
less developed friendly countries or areas. 
(2) OUTREACH
TO
MINORITY-OWNED
AND
WOMEN-OWNED 
BUSINESSES.— 
(A) IN GENERAL.—The Corporation shall collect data 
on the involvement of minority- and women-owned 
businesses in projects supported by the Corporation, 
including— 
(i) the amount of insurance and financing provided 
by the Corporation to such businesses in connection 
with projects supported by the Corporation; and 
(ii) to the extent such information is available, 
the involvement of such businesses in procurement 
activities conducted or supported by the Corporation. 
(B) INCLUSION IN ANNUAL REPORT.—The Corporation 
shall include, in its annual report submitted to Congress 
under section 1443, the aggregate data collected under 
this paragraph, in such form as to quantify the effectiveness 
of the Corporation’s outreach activities to minority- and 
women-owned businesses. 
SEC. 1422. TERMS AND CONDITIONS. 
(a) IN GENERAL.—Except as provided in subsection (b), support 
provided by the Corporation under this title shall be on such terms 
and conditions as the Corporation may prescribe. 
(b) REQUIREMENTS.—The following requirements apply to sup-
port provided by the Corporation under this title: 
(1) The Corporation shall provide support using authorities 
under this title only if it is necessary— 
(A) to alleviate a credit market imperfection; or 
(B) to achieve specified development or foreign policy 
objectives of the United States Government by providing 
support in the most efficient way to meet those objectives 
on a case-by-case basis. 
(2) The final maturity of a loan made or guaranteed by 
the Corporation shall not exceed the lesser of— 
(A) 25 years; or 
(B) debt servicing capabilities of the project to be 
financed by the loan (as determined by the Corporation). 
(3) The Corporation shall, with respect to providing any 
loan guaranty to a project, require the parties to the project 
to bear the risk of loss in an amount equal to at least 20 
percent of the guaranteed support by the Corporation in the 
project. 
(4) The Corporation may not make or guarantee a loan 
unless the Corporation determines that the borrower or lender 
is responsible and that adequate provision is made for servicing 
the loan on reasonable terms and protecting the financial 
interest of the United States. 
(5) The interest rate for direct loans and interest supple-
ments on guaranteed loans shall be set by reference to a bench-
mark 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. 
22 USC 9622. 
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The Corporation shall establish appropriate minimum interest 
rates for loans, guaranties, and other instruments as necessary. 
(6) The minimum interest rate for new loans as established 
by the Corporation shall be adjusted periodically to take account 
of changes in the interest rate of the benchmark financial 
instrument. 
(7)(A) The Corporation shall set fees or premiums for sup-
port provided under this title at levels that minimize the cost 
to the Government while supporting achievement of the objec-
tives 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 guaran-
ties except to the extent that budget authority to cover the 
costs of the loans or guaranties is provided in advance in 
an appropriations Act, as required by section 504 of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661c). 
(11) The Corporation shall rely upon specific standards 
to assess the developmental and strategic value of projects 
for which it provides support and should only provide the 
minimum level of support necessary in order to support such 
projects. 
(12) Any loan or loan guaranty made by the Corporation 
should be provided on a senior basis or pari passu with other 
senior debt unless there is a substantive policy rationale to 
provide such support otherwise. 
SEC. 1423. PAYMENT OF LOSSES. 
(a) PAYMENTS FOR DEFAULTS ON GUARANTEED LOANS.— 
(1) IN GENERAL.—If the Corporation determines that the 
holder of a loan guaranteed by the Corporation suffers a loss 
as a result of a default by a borrower on the loan, the Corpora-
tion 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 enforce-
ment proceedings as the Corporation may require. 
(2) SUBROGATION.—Upon making a payment described in 
paragraph (1), the Corporation shall ensure the Corporation 
will be subrogated to all the rights of the recipient of the 
payment. 
(3) RECOVERY
EFFORTS.—The Corporation shall pursue 
recovery from the borrower of the amount of any payment 
made under paragraph (1) with respect to the loan. 
(b) LIMITATION ON PAYMENTS.— 
22 USC 9623. 
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(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 insur-
ance of an equity investment under section 1421 may 
be computed on the basis of the net book value attrib-
utable 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 Corpora-
tion shall limit the amount of direct insurance and reinsur-
ance 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 affili-
ates in the project. 
(B) EXCEPTION.—The limitation under subparagraph 
(A) shall not apply to direct insurance or reinsurance of 
loans provided by banks or other financial institutions to 
unrelated parties. 
(c) ACTIONS BY ATTORNEY GENERAL.—The Attorney General 
shall take such action as may be appropriate to enforce any right 
accruing to the United States as a result of the issuance of any 
loan or guaranty under this title. 
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to preclude any forbearance for the benefit of a borrower 
that may be agreed upon by the parties to a loan guaranteed 
by the Corporation if budget authority for any resulting costs to 
the United States Government (as defined in section 502 of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) is available. 
SEC. 1424. TERMINATION. 
(a) IN GENERAL.—The authorities provided under this title 
terminate on the date that is 7 years after the date of the enactment 
of this Act. 
(b) TERMINATION
OF CORPORATION.—The Corporation shall 
terminate on the date on which the portfolio of the Corporation 
is liquidated. 
TITLE III—ADMINISTRATIVE AND 
GENERAL PROVISIONS 
SEC. 1431. OPERATIONS. 
(a) BILATERAL AGREEMENTS.—The Corporation may provide 
support under title II in connection with projects in any country 
the government of which has entered into an agreement with the 
22 USC 9631. 
22 USC 9624. 
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United States authorizing the Corporation to provide such support 
in that country. 
(b) CLAIMS SETTLEMENT.— 
(1) IN GENERAL.—Claims arising as a result of support 
provided under title II or under predecessor authority may 
be settled, and disputes arising as a result thereof may be 
arbitrated with the consent of the parties, on such terms and 
conditions as the Corporation may determine. 
(2) SETTLEMENTS CONCLUSIVE.—Payment made pursuant 
to any settlement pursuant to paragraph (1), or as a result 
of an arbitration award, shall be final and conclusive notwith-
standing 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 elec-
tronic 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 identifi-
able 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 nec-
essary for carrying out the functions of the Corporation, except 
that, if the real property is for the Corporation’s own occupancy, 
the lease, purchase, acquisition, improvement, or use of the 
real property shall be entered into or conducted in consultation 
with the Administrator of General Services; 
(4) may accept cash gifts or donations of services or of 
property (real, personal, or mixed), tangible or intangible, for 
the purpose of carrying out the functions of the Corporation; 
(5) may use the United States mails in the same manner 
and on the same conditions as the Executive departments (as 
defined in section 101 of title 5, United States Code); 
(6) may contract with individuals for personal services, 
who shall not be considered Federal employees for any provision 
of law administered by the Director of the Office of Personnel 
Management; 
(7) may hire or obtain passenger motor vehicles; 
(8) may sue and be sued in its corporate name; 
(9) may acquire, hold, or dispose of, upon such terms and 
conditions as the Corporation may determine, any property, 
real, personal, or mixed, tangible or intangible, or any interest 
in such property, except that, in the case of real property 
that is for the Corporation’s own occupancy, the acquisition, 
holding, or disposition of the real property shall be conducted 
in consultation with the Administrator of General Services; 
22 USC 9632. 
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(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 expira-
tion 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 rep-
resent itself or contract for representation in any legal or 
arbitral proceeding; 
(13) may exercise any priority of the Government of the 
United States in collecting debts from bankrupt, insolvent, 
or decedents’ estates; 
(14) may collect, notwithstanding section 3711(g)(1) of title 
31, United States Code, or compromise any obligations assigned 
to or held by the Corporation, including any legal or equitable 
rights accruing to the Corporation; 
(15) may make arrangements with foreign governments 
(including agencies, instrumentalities, or political subdivisions 
of such governments) or with multilateral organizations or 
institutions for sharing liabilities; 
(16) may sell direct investments of the Corporation to pri-
vate investors upon such terms and conditions as the Corpora-
tion 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, renova-
tion, 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 out-
standing at any one time shall not exceed in the aggregate 
$60,000,000,000. 
SEC. 1434. CORPORATE FUNDS. 
(a) CORPORATE CAPITAL ACCOUNT.—There is established in the 
Treasury of the United States a fund to be known as the ‘‘Corporate 
Capital Account’’ to carry out the purposes of the Corporation. 
(b) FUNDING.—The Corporate Capital Account shall consist of— 
(1) fees charged and collected pursuant to subsection (c); 
(2) any amounts received pursuant to subsection (e); 
(3) investments and returns on such investments pursuant 
to subsection (g); 
(4) unexpended balances transferred to the Corporation 
pursuant to subsection (i); 
(5) payments received in connection with settlements of 
all insurance and reinsurance claims of the Corporation; and 
22 USC 9634. 
22 USC 9633. 
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(6) all other collections transferred to or earned by the 
Corporation, excluding the cost, as defined in section 502 of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of 
loans and loan guaranties. 
(c) FEE AUTHORITY.—Fees may be charged and collected for 
providing services in amounts to be determined by the Corporation. 
(d) USES.— 
(1) IN GENERAL.—Subject to Acts making appropriations, 
the Corporation is authorized to pay— 
(A) the cost, as defined in section 502 of the Federal 
Credit Reform Act of 1990, of loans and loan guaranties; 
(B) administrative expenses of the Corporation; 
(C) for the cost of providing support authorized by 
subsections (c), (e), (f), and (g) of section 1421; 
(D) project-specific transaction costs. 
(2) INCOME AND REVENUE.—In order to carry out the pur-
poses 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 sub-
section (f). 
(e) FULL FAITH AND CREDIT.— 
(1) IN GENERAL.—All support provided pursuant to prede-
cessor authorities or title II shall continue to constitute obliga-
tions 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 Sec-
retary of the Treasury to invest such portion of the Corporate 
Capital Account as is not, in the Corporation’s judgment, 
required to meet the current needs of the Corporate Capital 
Account. 
(2) FORM
OF
INVESTMENTS.—Such investments shall be 
made by the Secretary of the Treasury in public debt obliga-
tions, with maturities suitable to the needs of the Corporate 
Capital Account, as determined by the Corporation, and bearing 
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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 sub-
section (g), earnings collected related to equity investments, and 
amounts, excluding fees related to insurance or reinsurance, col-
lected pursuant to subsection (c), shall not be collected for any 
fiscal year except to the extent provided in advance in appropria-
tions Acts. 
(i) TRANSFER FROM PREDECESSOR AGENCIES AND PROGRAMS.— 
By the end of the transition period described in title VI, the unex-
pended 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 Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) may be transferred 
to the Corporation and funds authorized to be appropriated to 
the Corporation may be transferred to the Department of State 
and the United States Agency for International Development. 
(k) DEFINITION.—In this section, the term ‘‘project-specific 
transaction costs’’— 
(1) means those costs incurred by the Corporation for 
travel, legal expenses, and direct and indirect costs incurred 
in claims settlements associated with the provision of support 
under title II and shall not be considered administrative 
expenses for the purposes of this section; and 
(2) does not include information technology (as such term 
is defined in section 11101 of title 40, United States Code). 
SEC. 1435. COORDINATION WITH OTHER DEVELOPMENT AGENCIES. 
It is the sense of Congress that the Corporation should use 
relevant data of the Department of State, the Millennium Challenge 
Corporation, the United States Agency for International Develop-
ment, and other departments and agencies that have development 
functions to better inform the decisions of the Corporation with 
respect to providing support under title II. 
TITLE IV—MONITORING, EVALUATION, 
AND REPORTING 
SEC. 1441. ESTABLISHMENT OF RISK AND AUDIT COMMITTEES. 
(a) IN GENERAL.—To assist the Board to fulfill its duties and 
responsibilities under section 1421(a), the Corporation shall estab-
lish 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, regu-
latory, operational, developmental, environmental, social, and 
financial risks; 
22 USC 9651. 
22 USC 9635. 
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(4) developing the risk profile of the Corporation, including 
a risk management and compliance framework and governance 
structure to support such framework; and 
(5) developing policies and procedures for assessing, prior 
to providing, and for any period during which the Corporation 
provides, support to any foreign entities, whether such entities 
have in place sufficient enhanced due diligence policies and 
practices to prevent money laundering and corruption to ensure 
the Corporation does not provide support to persons that are— 
(A) knowingly engaging in acts of corruption; 
(B) knowingly providing material or financial support 
for terrorism, drug trafficking, or human trafficking; or 
(C) responsible for ordering or otherwise directing 
serious or gross violations of human rights. 
(c) DUTIES AND RESPONSIBILITIES OF AUDIT COMMITTEE.—Sub-
ject to the direction of the Board, the audit committee established 
under subsection (a) shall have the oversight responsibility of— 
(1) the integrity of the Corporation’s financial reporting 
and systems of internal controls regarding finance and 
accounting; 
(2) the integrity of the Corporation’s financial statements; 
(3) the performance of the Corporation’s internal audit 
function; and 
(4) compliance with legal and regulatory requirements 
related to the finances of the Corporation. 
SEC. 1442. PERFORMANCE MEASURES, EVALUATION, AND LEARNING. 
(a) IN GENERAL.—The Corporation shall develop a performance 
measurement system to evaluate and monitor projects supported 
by the Corporation under title II and to guide future projects 
of the Corporation. 
(b) CONSIDERATIONS.—In developing the performance measure-
ment system required by subsection (a), the Corporation shall— 
(1) develop a successor for the development impact 
measurement system of the Overseas Private Investment Cor-
poration (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, appro-
priate financial performance of the Corporation’s portfolio; and 
(4) develop standards for, and a method for ensuring, appro-
priate development performance of the Corporation’s portfolio, 
including— 
(A) measurement of the projected and ex post develop-
ment impact of a project; and 
(B) the information necessary to comply with section 
1443. 
(c) PUBLIC AVAILABILITY OF CERTAIN INFORMATION.—The Cor-
poration 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. 
22 USC 9652. 
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(d) CONSULTATION.—In developing the performance measure-
ment system required by subsection (a), the Corporation shall con-
sult with the Development Advisory Council established under sec-
tion 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 Corpora-
tion shall submit to the appropriate congressional committees a 
complete and detailed report of its operations during that fiscal 
year, including an assessment of— 
(1) the economic and social development impact, including 
with respect to matters described in subsections (d), (e), and 
(f) of section 1451, of projects supported by the Corporation 
under title II; 
(2) the extent to which the operations of the Corporation 
complement or are compatible with the development assistance 
programs of the United States and qualifying sovereign entities; 
(3) the Corporation’s institutional linkages with other rel-
evant United States Government department and agencies, 
including efforts to strengthen such linkages; and 
(4) the compliance of projects supported by the Corporation 
under title II with human rights, environmental, labor, and 
social policies, or other such related policies that govern the 
Corporation’s support for projects, promulgated or otherwise 
administered by the Corporation. 
(b) ELEMENTS.—Each annual report required by subsection (a) 
shall include analyses of the effects of projects supported by the 
Corporation under title II, including— 
(1) reviews and analyses of— 
(A) the desired development outcomes for projects and 
whether or not the Corporation is meeting the associated 
metrics, goals, and development objectives, including, to 
the extent practicable, in the years after conclusion of 
projects; and 
(B) the effect of the Corporation’s support on access 
to capital and ways in which the Corporation is addressing 
identifiable market gaps or inefficiencies and what impact, 
if any, such support has on access to credit for a specific 
project, country, or sector; 
(2) an explanation of any partnership arrangement or 
cooperation with a qualifying sovereign entity in support of 
each project; 
(3) projections of— 
(A) development outcomes, and whether or not support 
for projects are meeting the associated performance meas-
ures, 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 Corpora-
tion and the value of any other public sector support; 
and 
22 USC 9653. 
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(4) an assessment of the extent to which lessons learned 
from the monitoring and evaluation activities of the Corpora-
tion, and from annual reports from previous years compiled 
by the Corporation, have been applied to projects. 
SEC. 1444. PUBLICLY AVAILABLE PROJECT INFORMATION. 
The Corporation shall— 
(1) maintain a user-friendly, publicly available, machine- 
readable database with detailed project-level information, as 
appropriate and to the extent practicable, including a descrip-
tion 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 enti-
ties focused at the nexus of business opportunities and develop-
ment priorities; 
(2) engage such entities and reduce business risks primarily 
through direct transaction support and facilitating investment 
partnerships; 
(3) develop and support tools, approaches, and inter-
mediaries that can mobilize private finance at scale in the 
developing world; 
(4) pursue highly developmental projects of all sizes, espe-
cially those that are small but designed for work in the most 
underdeveloped areas, including countries with chronic suf-
fering as a result of extreme poverty, fragile institutions, or 
a history of violence; and 
(5) pursue projects consistent with the policy of the United 
States described in section 1411 and the Joint Strategic Plan 
and the Mission Country Development Cooperation Strategies 
of the United States Agency for International Development. 
(b) ASSISTANCE.—To achieve the goals described in subsection 
(a), the Corporation shall— 
(1) develop risk mitigation tools; 
(2) provide transaction structuring support for blended 
finance models; 
(3) support intermediaries linking capital supply and 
demand; 
(4) coordinate with other Federal agencies to support or 
accelerate transactions; 
(5) convene financial, donor, civil society, and public sector 
partners around opportunities for private finance within 
development priorities; 
(6) offer strategic planning and programming assistance 
to catalyze investment into priority sectors; 
(7) provide transaction structuring support; 
(8) deliver training and knowledge management tools for 
engaging private investors; 
22 USC 9655. 
22 USC 9654. 
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(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 Corpora-
tion making a financial commitment associated with the provision 
of support under title II in an amount in excess of $10,000,000, 
the Chief Executive Officer of the Corporation shall submit to 
the appropriate congressional committees a report in writing that 
contains the information required by subsection (b). 
(b) INFORMATION REQUIRED.—The information required by this 
subsection includes— 
(1) the amount of each such financial commitment; 
(2) an identification of the recipient or beneficiary; and 
(3) a description of the project, activity, or asset and the 
development goal or purpose to be achieved by providing sup-
port by the Corporation. 
(c) BILATERAL AGREEMENTS.—The Chief Executive Officer of 
the Corporation shall notify the appropriate congressional commit-
tees not later than 30 days after entering into a new bilateral 
agreement described in section 1431(a). 
TITLE V—CONDITIONS, RESTRICTIONS, 
AND PROHIBITIONS 
SEC. 1451. LIMITATIONS AND PREFERENCES. 
(a) LIMITATION ON SUPPORT FOR SINGLE ENTITY.—No entity 
receiving support from the Corporation under title II may receive 
more than an amount equal to 5 percent of the Corporation’s 
maximum contingent liability authorized under section 1433. 
(b) PREFERENCE FOR SUPPORT FOR PROJECTS SPONSORED BY 
UNITED STATES PERSONS.— 
(1) IN GENERAL.—The Corporation should give preferential 
consideration to projects sponsored by or involving private 
sector entities that are United States persons. 
(2) UNITED STATES PERSON DEFINED.—In this subsection, 
the term ‘‘United States person’’ means— 
(A) a United States citizen; or 
(B) an entity owned or controlled by an individual 
or individuals described in subparagraph (A). 
(c) PREFERENCE FOR SUPPORT IN COUNTRIES IN COMPLIANCE 
WITH INTERNATIONAL TRADE OBLIGATIONS.— 
(1) CONSULTATIONS WITH UNITED STATES TRADE REPRESENT-
ATIVE.—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 
22 USC 9671. 
22 USC 9656. 
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132 STAT. 3508 
PUBLIC LAW 115–254—OCT. 5, 2018 
II for projects in countries in compliance with or making 
substantial progress coming into compliance with their inter-
national 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 recog-
nized worker rights (as defined in section 507 of the Trade 
Act of 1974 (19 U.S.C. 2467)) to workers in that country, 
including any designated zone in that country. 
(2) REQUIRED CONTRACT LANGUAGE.—The Corporation shall 
also include the following language, in substantially the fol-
lowing 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 environ-
mental and social impact assessment or initial environmental 
and social audit, analyzing the environmental and social 
impacts of the proposed project and of alternatives to the pro-
posed 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 non-
governmental 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 dem-
onstrated consistent support for economic policies that promote 
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132 STAT. 3509 
PUBLIC LAW 115–254—OCT. 5, 2018 
the development of private enterprise, both domestic and for-
eign, and maintaining the conditions that enable private enter-
prise 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 Govern-
ment information, such as the Department of State’s Invest-
ment Climate Statements, the Department of Commerce’s 
Country Commercial Guides, or the Millennium Challenge Cor-
poration’s Constraints Analysis, to assess whether countries 
meet the conditions described in paragraph (1). 
(h) CONSIDERATION OF FOREIGN BOYCOTT PARTICIPATION.—In 
providing support for projects under title II, the Corporation shall 
consider, using information readily available, whether the project 
is sponsored by or substantially affiliated with any person taking 
or knowingly agreeing to take actions, or having taken or knowingly 
agreed to take actions within the past 3 years, which demonstrate 
or otherwise evidence intent to comply with, further, or support 
any boycott described in section 1773(a) of the Export Control 
Reform Act of 2018 (subtitle B of title XVII of Public Law 115– 
232). 
(i) ENSURING OPPORTUNITIES FOR SMALL BUSINESSES IN FOR-
EIGN DEVELOPMENT.—The Corporation shall, using broad criteria, 
make, to the maximum extent possible consistent with this division, 
efforts— 
(1) to give preferential consideration in providing support 
under title II to projects sponsored by or involving small 
businesses; and 
(2) to ensure that the proportion of projects sponsored 
by or involving United States small businesses, including 
women-, minority-, and veteran-owned small businesses, is not 
less than 50 percent of all projects for which the Corporation 
provides support and that involve United States persons. 
SEC. 1452. ADDITIONALITY AND AVOIDANCE OF MARKET DISTORTION. 
(a) IN GENERAL.—Before the Corporation provides support for 
a project under title II, the Corporation shall ensure that private 
sector entities are afforded an opportunity to support the project. 
(b) SAFEGUARDS, POLICIES, AND GUIDELINES.—The Corporation 
shall develop appropriate safeguards, policies, and guidelines to 
ensure that support provided by the Corporation under title II— 
(1) supplements and encourages, but does not compete 
with, private sector support; 
(2) operates according to internationally recognized best 
practices and standards with respect to ensuring the avoidance 
of market distorting government subsidies and the crowding 
out of private sector lending; and 
(3) does not have a significant adverse impact on United 
States employment. 
22 USC 9672. 
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132 STAT. 3510 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 1453. PROHIBITION ON SUPPORT IN COUNTRIES THAT SUPPORT 
TERRORISM OR VIOLATE HUMAN RIGHTS AND WITH 
SANCTIONED PERSONS. 
(a) IN GENERAL.—The Corporation is prohibited from providing 
support under title II for a government, or an entity owned or 
controlled by a government, if the Secretary of State has determined 
that the government— 
(1) has repeatedly provided support for acts of international 
terrorism for purposes of— 
(A) section 1754(c)(1)(A)(i) of the Export Control 
Reform Act of 2018 (subtitle B of title XVII of Public 
Law 115–232); 
(B) section 620A(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2371(a)); 
(C) section 40(d) of the Arms Export Control Act (22 
U.S.C. 2780(d)); or 
(D) any other relevant provision of law; or 
(2) has engaged in a consistent pattern of gross violations 
of internationally recognized human rights for purposes of sec-
tion 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 provi-
sion 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 SANC-
TIONS.—The Corporation shall require any person receiving support 
under title II to certify that the person, and any entity owned 
or controlled by the person, is in compliance with all United States 
sanctions laws and regulations. 
SEC. 1454. APPLICABILITY OF CERTAIN PROVISIONS OF LAW. 
Subsections (g), (l), (m), and (n) of section 237 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2197) shall apply with respect 
to the Corporation to the same extent and in the same manner 
as such subsections applied with respect to the Overseas Private 
Investment Corporation on the day before the date of the enactment 
of this Act. 
TITLE VI—TRANSITIONAL PROVISIONS 
SEC. 1461. DEFINITIONS. 
In this title: 
(1) AGENCY.—The term ‘‘agency’’ includes any entity, 
organizational unit, program, or function. 
(2) TRANSITION
PERIOD.—The term ‘‘transition period’’ 
means the period— 
(A) beginning on the date of the enactment of this 
Act; and 
(B) ending on the effective date of the reorganization 
plan required by section 1462(e). 
22 USC 9681. 
22 USC 9674. 
22 USC 9673. 
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132 STAT. 3511 
PUBLIC LAW 115–254—OCT. 5, 2018 
SEC. 1462. REORGANIZATION PLAN. 
(a) SUBMISSION OF PLAN.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the President shall transmit 
to the appropriate congressional committees a reorganization 
plan regarding the following: 
(A) The transfer of agencies, personnel, assets, and 
obligations to the Corporation pursuant to this title. 
(B) Any consolidation, reorganization, or streamlining 
of agencies transferred to the Corporation pursuant to this 
title. 
(C) Any efficiencies or cost savings achieved or addi-
tional costs incurred as a result of the transfer of agencies, 
personnel, assets, and obligations to the Corporation pursu-
ant 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 trans-
ferred to the Corporation under the plan. 
(2) Specification of the steps to be taken to organize the 
Corporation, including the delegation or assignment of functions 
transferred to the Corporation. 
(3) Specification of the funds available to each agency that 
will be transferred to the Corporation as a result of transfers 
under the plan. 
(4) Specification of the proposed allocations within the Cor-
poration 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 Execu-
tive Officer of the Overseas Private Investment Corporation 
and the Administrator of the United States Agency for Inter-
national Development jointly submit to the Committee on For-
eign Affairs and Committee on Appropriations of the House 
of Representatives and Committee on Foreign Relations and 
Committee on Appropriations of the Senate a report in writing 
that contains the information required by paragraph (2). 
(2) INFORMATION REQUIRED.—The information required by 
this paragraph includes a description in detail of the procedures 
to be followed after the transfer of functions authorized by 
22 USC 9682. 
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132 STAT. 3512 
PUBLIC LAW 115–254—OCT. 5, 2018 
this section have occurred to coordinate between the Corpora-
tion and the United States Agency for International Develop-
ment in carrying out the functions so transferred. 
(d) MODIFICATION OF PLAN.—The President shall consult with 
the appropriate congressional committees before making any mate-
rial modification or revision to the plan before the plan becomes 
effective in accordance with subsection (e). 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—The reorganization plan described in this 
section, including any modifications or revisions of the plan 
under subsection (c), shall become effective for an agency on 
the date specified in the plan (or the plan as modified pursuant 
to subsection (d)), except that such date may not be earlier 
than 90 days after the date the President has transmitted 
the reorganization plan to the appropriate congressional 
committees pursuant to subsection (a). 
(2) STATUTORY CONSTRUCTION.—Nothing in this subsection 
may be construed to require the transfer of functions, personnel, 
records, balances of appropriations, or other assets of an agency 
on a single date. 
SEC. 1463. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—Effective at the end of the transition period, 
there shall be transferred to the Corporation the functions, per-
sonnel, assets, and liabilities of— 
(1) the Overseas Private Investment Corporation, as in 
existence on the day before the date of the enactment of this 
Act; and 
(2) the following elements of the United States Agency 
for International Development: 
(A) The Development Credit Authority. 
(B) The existing Legacy Credit portfolio under the 
Urban Environment Program and any other direct loan 
programs and non-Development Credit Authority guaranty 
programs authorized by the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.) or other predecessor Acts, as in 
existence on the date of the enactment of this Act, other 
than any sovereign loan guaranties. 
(b) ADDITIONAL TRANSFER AUTHORITY.—Effective at the end 
of the transition period, there is authorized to be transferred to 
the Corporation, with the concurrence of the Administrator of the 
United States Agency for International Development, the functions, 
personnel, assets, and liabilities of the following elements of the 
United States Agency for International Development: 
(1) The Office of Private Capital and Microenterprise. 
(2) The enterprise funds. 
(c) SOVEREIGN LOAN GUARANTY TRANSFER.— 
(1) IN GENERAL.—Effective at the end of the transition 
period, there is authorized to be transferred to the Corporation 
or any other appropriate department or agency of the United 
States Government the loan accounts and the legal rights and 
responsibilities for the sovereign loan guaranty portfolio held 
by the United States Agency for International Development 
as in existence on the day before the date of the enactment 
of this Act. 
(2) INCLUSION IN REORGANIZATION PLAN.—The President 
shall include in the reorganization plan submitted under section 
22 USC 9683. 
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132 STAT. 3513 
PUBLIC LAW 115–254—OCT. 5, 2018 
1462 a description of the transfer authorized under paragraph 
(1). 
(d) BILATERAL AGREEMENTS.—Any bilateral agreement of the 
United States in effect on the date of the enactment of this Act 
that serves as the basis for programs of the Overseas Private 
Investment Corporation and the Development Credit Authority 
shall be considered as satisfying the requirements of section 1431(a). 
(e) TRANSITION.—During the transition period, the agencies 
specified in subsection (a) shall— 
(1) continue to administer the assets and obligations of 
those agencies; and 
(2) carry out such programs and activities authorized under 
this division as may be determined by the President. 
SEC. 1464. TERMINATION OF OVERSEAS PRIVATE INVESTMENT COR-
PORATION AND OTHER SUPERCEDED AUTHORITIES. 
Effective at the end of the transition period— 
(1) the Overseas Private Investment Corporation is termi-
nated; and 
(2) title IV of chapter 2 of part I of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2191 et seq.) (other than subsections 
(g), (l), (m), and (n) of section 237 of that Act) is repealed. 
SEC. 1465. TRANSITIONAL AUTHORITIES. 
(a) PROVISION OF ASSISTANCE BY OFFICIALS.—Until the transfer 
of an agency to the Corporation under section 1463, any official 
having authority over, or functions relating to, the agency on the 
day before the date of the enactment of this Act shall provide 
to the Corporation such assistance, including the use of personnel 
and assets, as the Corporation may request in preparing for the 
transfer and integration of the agency into the Corporation. 
(b) SERVICES AND PERSONNEL.—During the transition period, 
upon the request of the Corporation, the head of any executive 
agency may, on a reimbursable or non-reimbursable basis, provide 
services or detail personnel to assist with the transition. 
(c) ACTING OFFICIALS.— 
(1) IN
GENERAL.—During the transition period, pending 
the advice and consent of the Senate to the appointment of 
an officer required by this division to be appointed by and 
with such advice and consent, the President may designate 
any officer whose appointment was required to be made by 
and with such advice and consent and who was such an officer 
before the end of the transition period (and who continues 
in office) or immediately before such designation, to act in 
such office until the same is filled as provided in this division. 
While so acting, such officers shall receive compensation at 
the higher of— 
(A) the rates provided by this division for the respective 
offices in which they act; or 
(B) the rates provided for the offices held at the time 
of designation. 
(2) RULE OF CONSTRUCTION.—Nothing in this division shall 
be construed to require the advice and consent of the Senate 
to the appointment by the President to a position in the Cor-
poration of any officer whose agency is transferred to the Cor-
poration pursuant to this title and whose duties following such 
transfer are germane to those performed before such transfer. 
22 USC 9685. 
22 USC 
2191–2200b. 
22 USC 9684. 
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132 STAT. 3514 
PUBLIC LAW 115–254—OCT. 5, 2018 
(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGATIONS, AND FUNC-
TIONS.—Upon the transfer of an agency to the Corporation under 
section 1463— 
(1) the personnel, assets, and obligations held by or avail-
able in connection with the agency shall be transferred to 
the Corporation for appropriate allocation, subject to the 
approval of the Director of the Office of Management and 
Budget and in accordance with section 1531(a)(2) of title 31, 
United States Code; and 
(2) the Corporation shall have all functions— 
(A) relating to the agency that any other official could 
by law exercise in relation to the agency immediately before 
such transfer; and 
(B) vested in the Corporation by this division or other 
law. 
SEC. 1466. SAVINGS PROVISIONS. 
(a) COMPLETED ADMINISTRATIVE ACTIONS.— 
(1) IN GENERAL.—Completed administrative actions of an 
agency shall not be affected by the enactment of this Act 
or the transfer of such agency to the Corporation under section 
1463, but shall continue in effect according to their terms 
until amended, modified, superseded, terminated, set aside, 
or revoked in accordance with law by an officer of the United 
States or a court of competent jurisdiction, or by operation 
of law. 
(2) COMPLETED ADMINISTRATIVE ACTION DEFINED.—In this 
subsection, the term ‘‘completed administrative action’’ includes 
orders, determinations, rules, regulations, personnel actions, 
permits, agreements, grants, contracts, certificates, policies, 
licenses, registrations, and privileges. 
(b) PENDING PROCEEDINGS.— 
(1) IN
GENERAL.—Pending proceedings in an agency, 
including notices of proposed rulemaking, and applications for 
licenses, permits, certificates, grants, and financial assistance, 
shall continue notwithstanding the enactment of this Act or 
the transfer of the agency to the Corporation, unless discon-
tinued or modified under the same terms and conditions and 
to the same extent that such discontinuance could have 
occurred if such enactment or transfer had not occurred. 
(2) ORDERS.—Orders issued in proceedings described in 
paragraph (1), and appeals therefrom, and payments made 
pursuant to such orders, shall issue in the same manner and 
on the same terms as if this division had not been enacted 
or the agency had not been transferred, and any such orders 
shall continue in effect until amended, modified, superseded, 
terminated, set aside, or revoked by an officer of the United 
States or a court of competent jurisdiction, or by operation 
of law. 
(c) PENDING CIVIL ACTIONS.—Pending civil actions shall con-
tinue notwithstanding the enactment of this Act or the transfer 
of an agency to the Corporation, and in such civil actions, pro-
ceedings 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, 
22 USC 9686. 
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132 STAT. 3515 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 Corpora-
tion, to its officers, employees, or agents, or to its corresponding 
organizational units or functions. Statutory reporting requirements 
that applied in relation to such an agency immediately before 
the effective date of this division shall continue to apply following 
such transfer if they refer to the agency by name. 
(e) EMPLOYMENT PROVISIONS.— 
(1) REGULATIONS.—The Corporation may, in regulations 
prescribed jointly with the Director of the Office of Personnel 
Management, adopt the rules, procedures, terms, and condi-
tions, established by statute, rule, or regulation before the 
date of the enactment of this Act, relating to employment 
in any agency transferred to the Corporation under section 
1463. 
(2) EFFECT OF TRANSFER ON CONDITIONS OF EMPLOYMENT.— 
Except as otherwise provided in this division, or under 
authority granted by this division, the transfer pursuant to 
this title of personnel shall not alter the terms and conditions 
of employment, including compensation, of any employee so 
transferred. 
(f) STATUTORY
REPORTING
REQUIREMENTS.—Any statutory 
reporting requirement that applied to an agency transferred to 
the Corporation under this title immediately before the date of 
the enactment of this Act shall continue to apply following that 
transfer if the statutory requirement refers to the agency by name. 
SEC. 1467. OTHER TERMINATIONS. 
Except as otherwise provided in this division, whenever all 
the functions vested by law in any agency have been transferred 
pursuant to this title, each position and office the incumbent of 
which was authorized to receive compensation at the rates pre-
scribed 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 con-
sultation 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 avail-
able, in connection with the functions transferred by this title, 
as the Director may determine necessary to accomplish the purposes 
of this division. 
SEC. 1469. REFERENCE. 
With respect to any function transferred under this title 
(including under a reorganization plan under section 1462) and 
exercised on or after the date of the enactment of this Act, reference 
in any other Federal law to any department, commission, or agency 
or any officer or office the functions of which are so transferred 
shall be deemed to refer to the Corporation or official or component 
of the Corporation to which that function is so transferred. 
SEC. 1470. CONFORMING AMENDMENTS. 
(a) EXEMPT PROGRAMS.—Section 255(g) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)) is 
22 USC 9689. 
22 USC 9688. 
22 USC 9687. 
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132 STAT. 3516 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 Invest-
ment Corporation, Director’’ and inserting ‘‘the Board of Direc-
tors of the United States International Development Finance 
Corporation, the Director’’; and 
(2) by striking ‘‘Overseas Private Investment Corporation’’ 
each place it appears and inserting ‘‘United States International 
Development Finance Corporation’’. 
(d) UNITED STATES AND FOREIGN COMMERCIAL SERVICE.—Sec-
tion 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 Develop-
ment Finance Corporation’’. 
(f) INTERAGENCY TRADE DATA ADVISORY COMMITTEE.—Section 
5402(b) of the Omnibus Trade and Competitiveness Act of 1988 
(15 U.S.C. 4902(b)) is amended by striking ‘‘the President of the 
Overseas Private Investment Corporation’’ and inserting ‘‘the Chief 
Executive Officer of the United States International Development 
Finance Corporation’’. 
(g) MISUSE
OF NAMES
OF FEDERAL AGENCIES.—Section 709 
of title 18, United States Code, is amended by striking ‘‘ ‘Overseas 
Private Investment’, ‘Overseas Private Investment Corporation’, or 
‘OPIC’,’’ and inserting ‘‘ ‘United States International Development 
Finance Corporation’ or ‘DFC’ ’’. 
(h) ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC 
POLICIES.—Section 701(c)(1)(A) of the Trade Facilitation and Trade 
Enforcement Act of 2015 (19 U.S.C. 4421(c)(1)(A)) is amended by 
striking ‘‘Overseas Private Investment Corporation’’ and inserting 
‘‘United States International Development Finance Corporation’’. 
(i) INTERNSHIPS WITH INSTITUTE FOR INTERNATIONAL PUBLIC 
POLICY.—Section 625 of the Higher Education Act of 1965 (20 
U.S.C. 1131c(a)) is amended by striking ‘‘Overseas Private Invest-
ment 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— 
22 USC 2151n. 
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132 STAT. 3517 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) in subsection (a), by inserting ‘‘, and no support 
may be provided under title II of the Better Utilization 
of Investments Leading to Development Act of 2018,’’ after 
‘‘this part’’; 
(B) in the first subsection (b)— 
(i) by inserting ‘‘or title II of the Better Utilization 
of Investments Leading to Development Act of 2018’’ 
after ‘‘this part’’; 
(ii) by inserting ‘‘or the Chief Executive Officer 
of the United States International Development 
Finance Corporation, as applicable,’’ after ‘‘this Act’’; 
(iii) by inserting ‘‘or support’’ after ‘‘the assistance’’; 
and 
(iv) by inserting ‘‘or support’’ after ‘‘such assist-
ance’’ 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 sup-
port 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 Corpora-
tion’’; and 
(3) in section 481(e)(4)(A) (22 U.S.C. 2291(e)(4)(A)), in the 
matter preceding clause (i), by striking ‘‘(including programs 
under title IV of chapter 2, relating to the Overseas Private 
Investment Corporation)’’ and inserting ‘‘(and any support 
under title II of the Better Utilization of Investments Leading 
to Development Act of 2018, relating to the United States 
International Development Finance Corporation)’’. 
(k) ELECTRIFY AFRICA ACT OF 2015.—Sections 5 and 7 of the 
Electrify Africa Act of 2015 (Public Law 114–121; 22 U.S.C. 2293 
note) are amended by striking ‘‘Overseas Private Investment Cor-
poration’’ each place it appears and inserting ‘‘United States Inter-
national Development Finance Corporation’’. 
(l) FOREIGN AID TRANSPARENCY AND ACCOUNTABILITY ACT OF 
2016.—Section 2(3) of the Foreign Aid Transparency and Account-
ability 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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132 STAT. 3518 
PUBLIC LAW 115–254—OCT. 5, 2018 
(m) SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) PRO-
GRAM.—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 Inter-
national 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 pursu-
ant to section 1463(b) of the Better Utilization of Investments 
Leading to Development Act of 2018, by the Corporation.’’. 
(n) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) 
ACT OF 1996.—Section 202(b)(2)(B)(iv) of the Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
6062(b)(2)(B)(iv)) is amended by striking ‘‘Overseas Private Invest-
ment 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 Invest-
ment Corporation’’ and inserting ‘‘United States International 
Development Finance Corporation’’. 
(p) TRAFFICKING VICTIMS PROTECTION ACT OF 2000.—Section 
103(8)(A) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102(8)(A)) is amended in clause (viii) to read as follows: 
‘‘(viii) any support under title II of the Better 
Utilization of Investments Leading to Development Act 
of 2018 relating to the United States International 
Development Finance Corporation; and’’. 
(q) TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES.— 
Section 732(b) of the Global Environmental Protection Assistance 
Act of 1989 (22 U.S.C. 7902(b)) is amended by striking ‘‘Overseas 
Private Investment Corporation’’ and inserting ‘‘United States Inter-
national 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 PRI-
VATE 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 Corpora-
tion’’; 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))’’. 
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132 STAT. 3519 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Cor-
poration’’. 
(t) SENSE OF CONGRESS ON EUROPEAN AND EURASIAN ENERGY 
SECURITY.—Section 257(c)(2)(B) of the Countering Russian Influence 
in Europe and Eurasia Act of 2017 (22 U.S.C. 9546(c)(2)(B)) is 
amended by striking ‘‘Overseas Private Investment Corporation’’ 
and inserting ‘‘United States International Development Finance 
Corporation’’. 
(u) WHOLLY
OWNED
GOVERNMENT
CORPORATION.—Section 
9101(3) of title 31, United States Code, is amended by striking 
‘‘Overseas Private Investment Corporation’’ and inserting ‘‘United 
States International Development Finance Corporation’’. 
(v) ENERGY INDEPENDENCE AND SECURITY ACT OF 2007.—Title 
IX of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17321 et seq.) is amended— 
(1) in section 914 (42 U.S.C. 17334)— 
(A) in the section heading, by striking ‘‘OVERSEAS PRI-
VATE INVESTMENT CORPORATION’’ and inserting ‘‘UNITED 
STATES
INTERNATIONAL
DEVELOPMENT
FINANCE
COR-
PORATION’’; 
(B) in subsection (a), in the matter preceding paragraph 
(1), by striking ‘‘Overseas Private Investment Corporation’’ 
and inserting ‘‘United States International Development 
Finance Corporation’’; and 
(C) in subsection (b), in the matter preceding paragraph 
(1), by striking ‘‘Overseas Private Investment Corporation 
shall include in its annual report required under section 
240A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2200a)’’ 
and 
inserting 
‘‘United 
States 
International 
Development Finance Corporation shall include in its 
annual report required under section 1443 of the Better 
Utilization of Investments Leading to Development Act 
of 2018’’; and 
(2) in section 916(a)(2)(I) (42 U.S.C. 17336(a)(2)(I)), by 
striking ‘‘Overseas Private Investment Corporation:’’ and 
inserting ‘‘United States International Development Finance 
Corporation;’’. 
(w) EFFECTIVE DATE.—The amendments made by this section 
shall take effect at the end of the transition period. 
DIVISION G—SYRIA STUDY GROUP 
SEC. 1501. SYRIA STUDY GROUP. 
(a) ESTABLISHMENT.—There is established a working group to 
be known as the ‘‘Syria Study Group’’ (in this section referred 
to as the ‘‘Group’’). 
(b) PURPOSE.—The purpose of the Group is to examine and 
make recommendations on the military and diplomatic strategy 
of the United States with respect to the conflict in Syria. 
(c) COMPOSITION.— 
(1) MEMBERSHIP.—The Group shall be composed of 12 mem-
bers, none of whom may be members of Congress, who shall 
be appointed as follows: 
2 USC 905 note. 
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132 STAT. 3520 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) One member appointed by the chair of the Com-
mittee 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 Com-
mittee 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 Com-
mittee 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 Com-
mittee on Foreign Affairs of the House of Representatives. 
(H) One member appointed by the ranking minority 
member of the Committee on Foreign Affairs of the House 
of Representatives. 
(I) One member appointed by the majority leader of 
the Senate. 
(J) One member appointed by the minority leader of 
the Senate. 
(K) One member appointed by the Speaker of the House 
of Representatives. 
(L) One member appointed by the minority leader of 
the House of Representatives. 
(2) CO-CHAIRS.— 
(A) Of the members of the Group, one co-chair shall 
be jointly designated by— 
(i) the chairs of the Committee on Armed Services 
and the Committee on Foreign Relations of the Senate; 
(ii) the chairs of the Committee on Armed Services 
and the Committee on Foreign Affairs of the House 
of Representatives; 
(iii) the majority leader of the Senate; and 
(iv) the Speaker of the House of Representatives. 
(B) Of the members of the Group, one co-chair shall 
be jointly designated by— 
(i) the ranking minority members of the Committee 
on Armed Services and the Committee on Foreign Rela-
tions of the Senate; 
(ii) the ranking minority members of the Com-
mittee on Armed Services and the Committee on For-
eign Affairs of the House of Representatives; 
(iii) the minority leader of the Senate; and 
(iv) the minority leader of the House of Representa-
tives. 
(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 
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132 STAT. 3521 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 neigh-
boring countries, the resulting regional and geopolitical 
threats to the United States, and current military, diplo-
matic, and political efforts to achieve a stable Syria; and 
(B) develop recommendations on the military and diplo-
matic 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 nec-
essary 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 des-
ignate at least one officer or employee of the Department of 
Defense, the Department of State, and the Office of the Director 
of National Intelligence, respectively, to serve as a liaison to 
the Group. 
(3) FACILITATION.—The United States Institute of Peace 
shall take appropriate actions to facilitate the Group in the 
discharge of the duties of the Group under this section. 
(f) REPORTS.— 
(1) FINAL REPORT.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this section, the Group shall submit 
to the President, the Secretary of Defense, the Committee 
on Armed Services and the Committee on Foreign Relations 
of the Senate, the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Representa-
tives, 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 recommenda-
tions 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 contin-
ued conflict in Syria. 
(iv) Recommendations for a resolution to the con-
flict in Syria, including— 
(I) options for a gradual political transition 
to a post-Assad Syria; and 
(II) actions necessary for reconciliation. 
(v) A roadmap for a United States and coalition 
strategy to reestablish security and governance in 
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132 STAT. 3522 
PUBLIC LAW 115–254—OCT. 5, 2018 
Syria, including recommendations for the synchroni-
zation 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 For-
eign Relations of the Senate, the Committee on Armed Services 
and the Committee on Foreign Affairs of the House of Rep-
resentatives, the majority and minority leaders of the Senate, 
the Speaker of the House of Representatives, and the minority 
leader of the House of Representatives a report that describes 
the status of the review and assessment under subsection (d) 
and any interim recommendations developed by the Group as 
of the date of the briefing. 
(3) FORM OF REPORT.—The report submitted to Congress 
under paragraph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
(g) TERMINATION.—The Group shall terminate on the date that 
is 180 days after the date on which the Group submits the report 
required by subsection (f)(1). 
DIVISION H—PREVENTING EMERGING 
THREATS 
SEC. 1601. SHORT TITLE. 
This division may be cited as the ‘‘Preventing Emerging Threats 
Act of 2018’’. 
SEC. 1602. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
UNMANNED AIRCRAFT. 
‘‘(a) AUTHORITY.—Notwithstanding section 46502 of title 49, 
United States Code, or sections 32, 1030, 1367 and chapters 119 
and 206 of title 18, United States Code, the Secretary and the 
Attorney General may, for their respective Departments, take, and 
may authorize personnel with assigned duties that include the 
security or protection of people, facilities, or assets, to take such 
actions as are described in subsection (b)(1) that are necessary 
to mitigate a credible threat (as defined by the Secretary or the 
Attorney General, in consultation with the Secretary of Transpor-
tation) 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 con-
sent, including by means of intercept or other access of 
6 USC 124n. 
6 USC 101 note. 
Preventing 
Emerging 
Threats Act 
of 2018. 
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132 STAT. 3523 
PUBLIC LAW 115–254—OCT. 5, 2018 
a wire communication, an oral communication, or an elec-
tronic communication used to control the unmanned air-
craft 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 air-
craft by intercepting, interfering, or causing interference 
with wire, oral, electronic, or radio communications used 
to control the unmanned aircraft system or unmanned air-
craft. 
‘‘(D) Seize or exercise control of the unmanned aircraft 
system or unmanned aircraft. 
‘‘(E) Seize or otherwise confiscate the unmanned air-
craft system or unmanned aircraft. 
‘‘(F) Use reasonable force, if necessary, to disable, dam-
age, 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 Gen-
eral shall coordinate with the Administrator of the Federal 
Aviation Administration when any action authorized by this 
section might affect aviation safety, civilian aviation and aero-
space operations, aircraft airworthiness, or the use of the air-
space. 
‘‘(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 Sec-
retary or the Attorney General to carry out this section. 
‘‘(2) COORDINATION.— 
‘‘(A) COORDINATION WITH DEPARTMENT OF TRANSPOR-
TATION.—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, 
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132 STAT. 3524 
PUBLIC LAW 115–254—OCT. 5, 2018 
civilian aviation and aerospace operations, aircraft air-
worthiness, or the use of airspace. 
‘‘(e) PRIVACY PROTECTION.—The regulations or guidance issued 
to carry out actions authorized under subsection (b) by each Sec-
retary 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 Con-
stitution of the United States and applicable provisions of Fed-
eral 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 nec-
essary to investigate or prosecute a violation of law, directly 
support an ongoing security operation, is required under Fed-
eral law, or for the purpose of any litigation; 
‘‘(4) such communications are not disclosed outside the 
Department of Homeland Security or the Department of Justice 
unless the disclosure— 
‘‘(A) is necessary to investigate or prosecute a violation 
of law; 
‘‘(B) would support the Department of Defense, a Fed-
eral law enforcement agency, or the enforcement activities 
of a regulatory agency of the Federal Government in 
connection with a criminal or civil investigation of, or any 
regulatory, statutory, or other enforcement action relating 
to an action described in subsection (b)(1); 
‘‘(C) is between the Department of Homeland Security 
and the Department of Justice in the course of a security 
or protection operation of either agency or a joint operation 
of such agencies; or 
‘‘(D) is otherwise required by law; and 
‘‘(5) to the extent necessary, the Department of Homeland 
Security and the Department of Justice are authorized to share 
threat information, which shall not include communications 
referred to in subsection (b), with State, local, territorial, or 
tribal law enforcement agencies in the course of a security 
or protection operation. 
‘‘(f) BUDGET.—The Secretary and the Attorney General shall 
submit to Congress, as a part of the homeland security or justice 
budget materials for each fiscal year after fiscal year 2019, a consoli-
dated 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 dis-
play 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 
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132 STAT. 3525 
PUBLIC LAW 115–254—OCT. 5, 2018 
to the appropriate congressional committees on the activities 
carried out pursuant to this section. 
‘‘(2) REQUIREMENT.—Each briefing required under para-
graph (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 Air-
space System; 
‘‘(B) a description of instances in which actions 
described in subsection (b)(1) have been taken, including 
all such instances that may have resulted in harm, damage, 
or loss to a person or to private property; 
‘‘(C) a description of the guidance, policies, or proce-
dures 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 communica-
tions intercepted or acquired during the course of oper-
ations of an unmanned aircraft system were held for more 
than 180 days or shared outside of the Department of 
Justice or the Department of Homeland Security; 
‘‘(F) how the Secretary, the Attorney General, and the 
Secretary of Transportation have informed the public as 
to the possible use of authorities under this section; 
‘‘(G) how the Secretary, the Attorney General, and 
the Secretary of Transportation have engaged with Federal, 
State, and local law enforcement agencies to implement 
and use such authorities. 
‘‘(4) UNCLASSIFIED
FORM.—Each briefing required under 
paragraph (1) shall be in unclassified form, but may be accom-
panied 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, respec-
tively, submit a notification to the appropriate congressional 
committees. Such notification shall include a description of 
options considered to mitigate any identified impacts to the 
national airspace system related to the use of any system 
or technology, including the minimization of the use of any 
technology that disrupts the transmission of radio or electronic 
signals, for carrying out the actions described in subsection 
(b)(1). 
‘‘(h) RULE
OF CONSTRUCTION.—Nothing in this section may 
be construed to— 
‘‘(1) vest in the Secretary or the Attorney General any 
authority of the Secretary of Transportation or the Adminis-
trator of the Federal Aviation Administration; 
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132 STAT. 3526 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(2) vest in the Secretary of Transportation or the Adminis-
trator 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 enact-
ment of this section. 
‘‘(j) SCOPE OF AUTHORITY.—Nothing in this section shall be 
construed to provide the Secretary or the Attorney General with 
additional authorities beyond those described in subsections (a) 
and (k)(3)(C)(iii). 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate congressional committees’ 
means— 
‘‘(A) the Committee on Homeland Security and Govern-
mental 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 Com-
mittee on Transportation and Infrastructure, the Com-
mittee 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 air-
space, through a risk-based assessment for purposes of 
this section (except that in the case of the missions 
described in subparagraph (C)(i)(II) and (C)(iii)(I), such 
missions shall be presumed to be for the protection of 
a facility or asset that is assessed to be high-risk and 
a potential target for unlawful unmanned aircraft activity); 
‘‘(B) is located in the United States (including the 
territories and possessions, territorial seas or navigable 
waters of the United States); and 
‘‘(C) directly relates to one or more— 
‘‘(i) missions authorized to be performed by the 
Department of Homeland Security, consistent with gov-
erning statutes, regulations, and orders issued by the 
Secretary, pertaining to— 
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132 STAT. 3527 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(I) security or protection functions of the U.S. 
Customs and Border Protection, including securing 
or protecting facilities, aircraft, and vessels, 
whether moored or underway; 
‘‘(II) United States Secret Service protection 
operations pursuant to sections 3056(a) and 
3056A(a) of title 18, United States Code, and the 
Presidential Protection Assistance Act of 1976 (18 
U.S.C. 3056 note); or 
‘‘(III) protection of facilities pursuant to section 
1315(a) of title 40, United States Code; 
‘‘(ii) missions authorized to be performed by the 
Department of Justice, consistent with governing stat-
utes, 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 correc-
tional facilities and operations conducted by the 
Federal Bureau of Prisons; or 
‘‘(III) protection of the buildings and grounds 
leased, owned, or operated by or for the Depart-
ment 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 terri-
tory, to ensure protection of people and property 
at mass gatherings, that is limited to a specified 
timeframe and location, within available resources, 
and without delegating any authority under this 
section to State, local, territorial, or tribal law 
enforcement; or 
‘‘(III) protection of an active Federal law 
enforcement investigation, emergency response, or 
security function, that is limited to a specified 
timeframe and location; and 
‘‘(iv) missions authorized to be performed by the 
United States Coast Guard, including those described 
in clause (iii) as directed by the Secretary, and as 
further set forth in section 104 of title 14, United 
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132 STAT. 3528 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 mate-
rials’, with respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary and the Attorney General 
in support of the budget for that fiscal year. 
‘‘(6) For purposes of subsection (a), the term ‘personnel’ 
means officers and employees of the Department of Homeland 
Security or the Department of Justice. 
‘‘(7) The terms ‘unmanned aircraft’ and ‘unmanned aircraft 
system’ have the meanings given those terms in section 44801, 
of title 49, United States Code. 
‘‘(8) For purposes of this section, the term ‘risk-based 
assessment’ includes an evaluation of threat information spe-
cific 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, avia-
tion safety, airport operations, infrastructure, and air 
navigation services related to the use of any system or 
technology for carrying out the actions described in sub-
section (b)(1). 
‘‘(B) Options for mitigating any identified impacts to 
the national airspace system related to the use of any 
system or technology, including minimizing when possible 
the use of any technology which disrupts the transmission 
of radio or electronic signals, for carrying out the actions 
described in subsection (b)(1). 
‘‘(C) Potential consequences of the impacts of any 
actions taken under subsection (b)(1) to the national air-
space 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 non-
governmental 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. 
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132 STAT. 3529 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(G) Potential consequences to national security, public 
safety, or law enforcement if threats posed by unmanned 
aircraft systems are not mitigated or defeated. 
‘‘(l) DEPARTMENT OF HOMELAND SECURITY ASSESSMENT.— 
‘‘(1) REPORT.—Not later than 1 year after the date of the 
enactment of this section, the Secretary shall conduct, in 
coordination with the Attorney General and the Secretary of 
Transportation, an assessment to the appropriate congressional 
committees, including— 
‘‘(A) an evaluation of the threat from unmanned air-
craft 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 recommenda-
tions, 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 avail-
able to owners of critical infrastructure and domestic large 
hub airports when they believe a threat from unmanned 
aircraft systems is present and what additional actions, 
if any, the Department of Homeland Security or the Depart-
ment 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 authori-
ties 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 para-
graph (1) shall be submitted in unclassified form, but may 
contain a classified annex.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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: 
‘‘§ 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— 
14 USC 104. 
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132 STAT. 3530 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(A) a facility, including a facility that is under the 
administrative control of the Commandant; and 
‘‘(B) a vessel (whether moored or underway) or an 
aircraft, including a vessel or aircraft— 
‘‘(i) that is operated by the Coast Guard, or that 
the Coast Guard is assisting or escorting; and 
‘‘(ii) that is directly involved in a mission of the 
Coast Guard pertaining to— 
‘‘(I) assisting or escorting a vessel of the 
Department of Defense; 
‘‘(II) assisting or escorting a vessel of national 
security significance, a high interest vessel, a high 
capacity passenger vessel, or a high value unit, 
as those terms are defined by the Secretary; 
‘‘(III) section 91(a) of this title; 
‘‘(IV) assistance in protecting the President 
or the Vice President (or other officer next in order 
of succession to the Office of the President) pursu-
ant to the Presidential Protection Assistance Act 
of 1976 (18 U.S.C. 3056 note); 
‘‘(V) protection of a National Special Security 
Event and Special Event Assessment Rating 
events; 
‘‘(VI) air defense of the United States, 
including 
air 
sovereignty, 
ground-based 
air 
defense, 
and 
the 
National 
Capital 
Region 
integrated air defense system; or 
‘‘(VII) a search and rescue operation; and 
‘‘(2) missions directed by the Secretary pursuant to 
210G(k)(3)(C)(iii) of the Homeland Security Act of 2002.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 5 of title 
14, United States Code, is amended by inserting after the item 
relating to section 103 the following: 
‘‘104. Protecting against unmanned aircraft.’’. 
DIVISION 
I—SUPPLEMENTAL 
APPRO-
PRIATIONS 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: 
Supplemental 
Appropriations 
for Disaster 
Relief Act, 2018. 
14 USC prec. 81. 
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132 STAT. 3531 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 infra-
structure and housing, and economic revitalization in the most 
impacted and distressed areas resulting from a major disaster 
declared in 2018 pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, 
That funds shall be awarded directly to the State or unit of general 
local government at the discretion of the Secretary: Provided fur-
ther, 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 infrastruc-
ture and housing and economic revitalization in the most impacted 
and distressed areas: Provided further, That such funds may not 
be used for activities reimbursable by, or for which funds are 
made available by, the Federal Emergency Management Agency 
or the Army Corps of Engineers: Provided further, That funds 
allocated under this heading shall not be considered relevant to 
the non-disaster formula allocations made pursuant to section 106 
of the Housing and Community Development Act of 1974 (42 U.S.C. 
5306): Provided further, That a State or subdivision thereof may 
use up to 5 percent of its allocation for administrative costs: Pro-
vided 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, non-
discrimination, labor standards, and the environment), if the Sec-
retary 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 
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132 STAT. 3532 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 environ-
mental review, approval or permit: Provided further, That, notwith-
standing section 104(g)(2) of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon 
receipt of a request for release of funds and certification, imme-
diately approve the release of funds for an activity or project 
assisted under this heading if the recipient has adopted an environ-
mental 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 require-
ment, 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 informa-
tion technology costs, of administering and overseeing the obligation 
and expenditure of amounts under this heading: Provided further, 
That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985: 
Provided further, That the amount designated under this heading 
as an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 
shall be available only if the President subsequently so designates 
such amount and transmits such designation to the Congress. 
SEC. 1701. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects 
of this division shall not be entered on either PAYGO scorecard 
maintained pursuant to section 4(d) of the Statutory Pay As-You- 
Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this 
division shall not be entered on any PAYGO scorecard maintained 
for purposes of section 4106 of H. Con. Res. 71 (115th Congress). 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding 
Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
joint explanatory statement of the committee of conference accom-
panying 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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132 STAT. 3533 
PUBLIC LAW 115–254—OCT. 5, 2018 
DIVISION J—MARITIME SECURITY 
SEC. 1801. SHORT TITLE. 
This division may be cited as the ‘‘Maritime Security Improve-
ment 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 Govern-
mental Affairs of the Senate; 
(C) the Committee on Homeland Security of the House 
of Representatives; and 
(D) the Committee on Transportation and Infrastruc-
ture of the House of Representatives. 
(2) TSA.—The term ‘‘TSA’’ means the Transportation Secu-
rity Administration. 
SEC. 1803. COORDINATION WITH TSA ON MARITIME FACILITIES. 
The Secretary of Homeland Security shall— 
(1) provide the Administrator of the TSA with updates 
to vulnerability assessments required under section 70102(b)(3) 
of title 46, United States Code, to avoid any duplication of 
effort between the Coast Guard and the TSA; and 
(2) identify any security gaps between authorities of oper-
ating 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 con-
tains any updates to the strategic plan under subsection (a) 
since the prior report.’’. 
SEC. 1805. CYBERSECURITY INFORMATION SHARING AND COORDINA-
TION 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— 
46 USC 70112 
note. 
46 USC 70102 
note. 
46 USC 70102 
note. 
46 USC 101 note. 
Maritime 
Security 
Improvement Act 
of 2018. 
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132 STAT. 3534 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 assess-
ment 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 cybersecu-
rity risks that have the potential to affect the marine transpor-
tation 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 estab-
lished under paragraph (1). 
(b) PORT SECURITY; DEFINITIONS.—Section 70101 of title 46, 
United States Code, is amended— 
(1) by redesignating paragraphs (2) through (6) as para-
graphs (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 informa-
tion related to cybersecurity risks that may cause a transpor-
tation security incident, between relevant Federal agencies 
and— 
‘‘(i) State, local, and tribal governments; 
‘‘(ii) relevant public safety and emergency response 
agencies; 
‘‘(iii) relevant law enforcement and security 
organizations; 
‘‘(iv) maritime industry; 
‘‘(v) port owners and operators; and 
‘‘(vi) terminal owners and operators;’’. 
(2) INFORMATION SHARING.—The Commandant of the Coast 
Guard and the Under Secretary responsible for overseeing the 
critical infrastructure protection, cybersecurity, and other 
related programs of the Department of Homeland Security 
shall— 
(A) ensure there is a process for each Area Maritime 
Security Advisory Committee established under section 
70112 of title 46, United States Code— 
(i) to facilitate the sharing of information related 
to cybersecurity risks that may cause transportation 
security incidents; 
(ii) to timely report transportation security 
incidents to the national level; and 
(iii) to disseminate such reports across the entire 
maritime transportation system via the National 
Cybersecurity 
and 
Communications 
Integration 
Center; and 
46 USC 70112 
note. 
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132 STAT. 3535 
PUBLIC LAW 115–254—OCT. 5, 2018 
(B) issue voluntary guidance for the management of 
such cybersecurity risks in each Area Maritime Transpor-
tation Security Plan and facility security plan required 
under section 70103 of title 46, United States Code, 
approved after the date that the cybersecurity risk assess-
ment model is developed under subsection (a) of this sec-
tion. 
(d) VULNERABILITY ASSESSMENTS AND SECURITY PLANS.— 
(1) 
FACILITY
AND
VESSEL
ASSESSMENTS.—Section 
70102(b)(1) of title 46, United States Code, is amended— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘and by not later than December 31, 2004’’; and 
(B) in subparagraph (C), by inserting ‘‘security against 
cybersecurity risks,’’ after ‘‘physical security,’’. 
(2) MARITIME TRANSPORTATION SECURITY PLANS.—Section 
70103 of title 46, United States Code, is amended— 
(A) in subsection (a)(1), by striking ‘‘Not later than 
April 1, 2005, the’’ and inserting ‘‘The’’; 
(B) in subsection (a)(2), by adding at the end the fol-
lowing: 
‘‘(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 subpara-
graph (I); and 
(iii) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(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 secu-
rity incidents; and’’. 
(3) APPLICABILITY.—The amendments made by this sub-
section shall apply to assessments or security plans, or updates 
to such assessments or plans, submitted after the date that 
the cybersecurity risk assessment model is developed under 
subsection (a). 
(e) BRIEF TO CONGRESS.—Not later than 1 year after the date 
of enactment of this Act, the Commandant of the Coast Guard 
and the Under Secretary responsible for overseeing the critical 
infrastructure protection, cybersecurity, and other related programs 
of the Department of Homeland Security shall provide to the appro-
priate committees of Congress a briefing on how the Coast Guard 
will assist in security and response in the port environment when 
a cyber-caused transportation security incident occurs, to include 
the use of cyber protection teams. 
46 USC 70102 
note. 
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132 STAT. 3536 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 Secu-
rity Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 435. MARITIME OPERATIONS COORDINATION PLAN. 
‘‘(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of the Maritime Security Improvement Act of 2018, 
and biennially thereafter, the Secretary shall— 
‘‘(1) update the Maritime Operations Coordination Plan, 
published by the Department on July 7, 2011, to strengthen 
coordination, planning, information sharing, and intelligence 
integration for maritime operations of components and offices 
of the Department with responsibility for maritime security 
missions; and 
‘‘(2) submit each update to the Committee on Commerce, 
Science, and Transportation and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Com-
mittee 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 aware-
ness 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 mari-
time security. 
‘‘(3) Cooperating and coordinating with Federal depart-
ments and agencies, and State and local agencies, in the mari-
time environment, in support of maritime security missions. 
‘‘(4) Highlighting the work completed within the context 
of other national and Department maritime security strategic 
guidance and how that work fits with the Maritime Operations 
Coordination Plan.’’. 
(b) TABLE OF CONTENTS.—The table of contents in section 1(b) 
of the Homeland Security Act of 2002 (Public Law 107–296; 116 
Stat. 2136) is amended by adding after the item relating to section 
434 the following: 
‘‘435. Maritime operations coordination plan.’’. 
SEC. 1808. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED 
FORCES. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Commerce, Science, and Transpor-
tation and the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Transportation and 
6 USC 243. 
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132 STAT. 3537 
PUBLIC LAW 115–254—OCT. 5, 2018 
Infrastructure and the Committee on Homeland Security of the 
House of Representatives a report on the state of the Coast Guard’s 
Deployable Specialized Forces (referred to in this section as DSF). 
(b) CONTENTS.—The report shall include, at a minimum, the 
following: 
(1) For each of the past 3 fiscal years, and for each type 
of DSF, the following: 
(A) A cost analysis, including training, operating, and 
travel costs. 
(B) The number of personnel assigned. 
(C) The total number of units. 
(D) The total number of operations conducted. 
(E) The number of operations requested by each of 
the following: 
(i) Coast Guard. 
(ii) Other components or offices of the Department 
of Homeland Security. 
(iii) Other Federal departments or agencies. 
(iv) State agencies. 
(v) Local agencies. 
(F) The number of operations fulfilled in support of 
each entity described in clauses (i) through (v) of subpara-
graph (E). 
(2) 
An 
examination 
of 
alternative 
distributions 
of 
deployable specialized forces, including the feasibility, cost 
(including cost savings), and impact on mission capability of 
such distributions, including at a minimum the following: 
(A) Combining deployable specialized forces, primarily 
focused on counterdrug operations, under one centralized 
command. 
(B) Distributing counter-terrorism and anti-terrorism 
capabilities to deployable specialized forces in each major 
United States port. 
(c) DEFINITION OF DEPLOYABLE SPECIALIZED FORCES OR DSF.— 
In this section, the term ‘‘deployable specialized forces’’ or ‘‘DSF’’ 
means the deployable specialized forces established under section 
70106 of title 46, United States Code. 
SEC. 1809. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR 
PORT SECURITY AND SECURE SYSTEMS OF TRANSPOR-
TATION. 
(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 Home-
land Security and the Committee on Transportation and Infra-
structure of the House of Representatives at least 1 year before 
ceasing operations of any interagency operational center estab-
lished before the date of enactment of the Security and Account-
ability for Every Port Act of 2006 (Public Law 109–347; 120 
Stat. 1884). 
46 USC 70107A 
note. 
46 USC 70107A 
note. 
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132 STAT. 3538 
PUBLIC LAW 115–254—OCT. 5, 2018 
(b) SECURE SYSTEMS OF TRANSPORTATION.—Section 70116 of 
title 46, United States Code, is repealed. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents for chapter 
701 of title 46, United States Code, is amended by striking 
the items relating to sections 70107A and 70116. 
(2) REPORT REQUIREMENT.—Section 108 of the Security and 
Accountability for Every Port Act of 2006 (Public Law 109– 
347; 120 Stat. 1893) is amended by striking subsection (b) 
(46 U.S.C. 70107A note) and inserting the following: 
‘‘(b) [Reserved].’’. 
SEC. 1810. DUPLICATION OF EFFORTS IN THE MARITIME DOMAIN. 
(a) GAO ANALYSIS.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall— 
(1) conduct an analysis of all operations in the applicable 
location of— 
(A) the Air and Marine Operations of the U.S. Customs 
and Border Protection; and 
(B) any other agency of the Department of Homeland 
Security that operates air and marine assets; 
(2) in conducting the analysis under paragraph (1)— 
(A) examine the extent to which the Air and Marine 
Operations is synchronizing and deconflicting any duplica-
tive flight hours or patrols with the agencies described 
in paragraph (1)(B); and 
(B) include a sector-by-sector analysis of any potential 
costs savings or other benefits that would be derived 
through greater coordination of flight hours and patrols; 
and 
(3) submit to the Secretary of Homeland Security and the 
appropriate committees of Congress a report on the analysis, 
including any recommendations. 
(b) DHS REPORT.—Not later than 180 days after the date 
the report is submitted under subsection (a)(3), the Secretary of 
Homeland Security shall submit to the appropriate committees 
of Congress a report on what actions the Secretary plans to take 
in response to the findings of the analysis and recommendations 
of the Comptroller General. 
(c) DEFINITION OF APPLICABLE LOCATION.—In this section, the 
term ‘‘applicable location’’ means any location in which the Air 
and Marine Operations of the U.S. Customs and Border Protection 
is based within 45 miles of a location in which any other agency 
of the Department of Homeland Security also operates air and 
marine assets. 
SEC. 1811. MARITIME SECURITY CAPABILITIES ASSESSMENTS. 
(a) IN GENERAL.—Subtitle C of title IV of the Homeland Secu-
rity 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 there-
after, the Secretary shall submit to the Committee on Commerce, 
6 USC 244. 
46 USC 
prec. 70101. 
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132 STAT. 3539 
PUBLIC LAW 115–254—OCT. 5, 2018 
Science, and Transportation and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Committee 
on Transportation and Infrastructure and the Committee on Home-
land Security of the House of Representatives, an assessment of 
the number and type of maritime assets and the number of per-
sonnel required to increase the Department’s maritime response 
rate pursuant to section 1092 of the National Defense Authorization 
Act for Fiscal Year 2017 (6 U.S.C. 223).’’. 
(b) TABLE OF CONTENTS.—The table of contents in section 1(b) 
of the Homeland Security Act of 2002 (Public Law 107–296; 116 
Stat. 2136), as amended by section 1807 of this Act, is further 
amended by adding after the item relating to section 435 the 
following: 
‘‘436. Maritime security capabilities assessments.’’. 
SEC. 1812. CONTAINER SECURITY INITIATIVE. 
Section 205(l) of the Security and Accountability for Every 
Port Act of 2006 (6 U.S.C. 945) is amended— 
(1) by striking paragraph (2); and 
(2) in paragraph (1)— 
(A) by striking ‘‘(1) IN GENERAL.—Not later than Sep-
tember 30, 2007,’’ and inserting ‘‘Not later than 270 days 
after the date of enactment of the Maritime Security 
Improvement Act of 2018,’’; and 
(B) by redesignating subparagraphs (A) through (H) 
as paragraphs (1) through (8), respectively. 
SEC. 1813. MARITIME BORDER SECURITY REVIEW. 
(a) DEFINITIONS.—In this section: 
(1) MARITIME
BORDER.—The term ‘‘maritime border’’ 
means— 
(A) the transit zone; and 
(B) the borders and territorial waters of Puerto Rico 
and the United States Virgin Islands. 
(2) TRANSIT
ZONE.—The term ‘‘transit zone’’ has the 
meaning given the term in section 1092(a) of the National 
Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 
223(a)). 
(b) MARITIME BORDER THREAT ANALYSIS.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Homeland Security 
shall submit to the appropriate committees of Congress a mari-
time border threat analysis that includes an identification and 
description of the following: 
(A) Current and potential threats posed by the individ-
uals 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. 
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132 STAT. 3540 
PUBLIC LAW 115–254—OCT. 5, 2018 
(C) Improvements needed with respect to the maritime 
border— 
(i) to prevent terrorists and instruments of terror 
from entering the United States; and 
(ii) reduce criminal activity related to the maritime 
border. 
(D) Vulnerabilities in law, policy, cooperation between 
State, territorial, and local law enforcement, or inter-
national 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 anal-
ysis 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 enforce-
ment in maritime border security activities. 
(D) The need for cooperation among Federal, State, 
territorial, local, and appropriate international law enforce-
ment entities relating to maritime border security. 
(E) The geographic challenges of the maritime border. 
(F) The impact of Hurricanes Harvey, Irma, Maria, 
and Nate on general border security activities with respect 
to the maritime border. 
(3) CLASSIFIED THREAT ANALYSIS.— 
(A) IN GENERAL.—To the extent possible, the Secretary 
of Homeland Security shall submit the threat analysis 
under subsection (a) in unclassified form. 
(B) CLASSIFIED.—The Secretary may submit a portion 
of the threat analysis in classified form if the Secretary 
determines that such form is appropriate for such portion. 
SEC. 1814. MARITIME BORDER SECURITY COOPERATION. 
The Secretary of the department in which the Coast Guard 
is operating shall, in accordance with law— 
(1) partner with other Federal, State, and local government 
agencies to leverage existing technology, including existing 
sensor and camera systems and other sensors, in place along 
the maritime border to facilitate monitoring of high-risk mari-
time borders, as determined by the Secretary; and 
(2) subject to the availability of appropriations, enter into 
such agreements as the Secretary considers necessary to ensure 
the monitoring described in paragraph (1). 
SEC. 1815. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL 
APPEALS PROCESS. 
Not later than 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall transmit to the 
appropriate committees of Congress a report on the following: 
(1) The average completion time of an appeal under the 
appeals process established under section 70105(c)(4) of title 
46, United States Code. 
46 USC 70101 
note. 
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132 STAT. 3541 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) The most common reasons for any delays at each step 
in such process. 
(3) Recommendations on how to resolve any such delays 
as expeditiously as possible. 
SEC. 1816. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) STUDY
TO IDENTIFY REDUNDANT BACKGROUND RECORDS 
CHECKS.—Section 105 of the Security and Accountability for Every 
Port Act of 2006 (Public Law 109–347; 120 Stat. 1891) and the 
item relating to that section in the table of contents for that Act 
are repealed. 
(b) DOMESTIC RADIATION DETECTION
AND IMAGING.—Section 
121 of the Security and Accountability for Every Port Act of 2006 
(6 U.S.C. 921) is amended— 
(1) by striking subsections (c), (d), and (e); 
(2) by redesignating subsections (f), (g), (h), and (i) as 
subsections (c), (d), (e), and (f), respectively; and 
(3) in subsection (e)(1)(B), as redesignated, by striking ‘‘(and 
updating, if any, of that strategy under subsection (c))’’. 
(c) INSPECTION OF CAR FERRIES ENTERING FROM ABROAD.— 
Section 122 of the Security and Accountability for Every Port Act 
of 2006 (6 U.S.C. 922) and the item relating to that section in 
the table of contents for that Act are repealed. 
(d) REPORT ON ARRIVAL AND DEPARTURE MANIFEST FOR CERTAIN 
COMMERCIAL VESSELS IN THE UNITED STATES VIRGIN ISLANDS.— 
Section 127 of the Security and Accountability for Every Port Act 
of 2006 (120 Stat. 1900) and the item relating to that section 
in the table of contents for that Act are repealed. 
(e) INTERNATIONAL COOPERATION AND COORDINATION.— 
(1) IN GENERAL.—Section 233 of the Security and Account-
ability 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 Sec-
retary of State, the Secretary of Energy, and appropriate representa-
tives of other Federal agencies, may provide technical assistance, 
equipment, and training to facilitate the implementation of supply 
chain security measures at ports designated under the Container 
Security Initiative. 
‘‘(b) ACQUISITION AND TRAINING.—Unless otherwise prohibited 
by law, the Secretary may— 
‘‘(1) lease, loan, provide, or otherwise assist in the deploy-
ment of nonintrusive inspection and radiation detection equip-
ment at foreign land and sea ports under such terms and 
conditions as the Secretary prescribes, including nonreimburs-
able 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 CON-
TAINERS.—Section 235 of the Security and Accountability for Every 
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132 STAT. 3542 
PUBLIC LAW 115–254—OCT. 5, 2018 
Port Act of 2006 (6 U.S.C. 984) and the item relating to that 
section in the table of contents for that Act are repealed. 
(g) SECURITY PLAN FOR ESSENTIAL AIR SERVICE AND SMALL 
COMMUNITY AIRPORTS.—Section 701 of the Security and Account-
ability 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 Mod-
ernization Act’’. 
(b) REFERENCES TO TITLE 49, UNITED STATES CODE.—Except 
as otherwise expressly provided, wherever in this title an amend-
ment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of title 49, United 
States Code. 
SEC. 1902. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the TSA. 
(2) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Homeland Security and Govern-
mental 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 ‘‘explo-
sives 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 Secu-
rity Administration. 
49 USC 101 note. 
49 USC 101 note. 
TSA 
Modernization 
Act. 
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132 STAT. 3543 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 author-
ized to be appropriated to the Transportation Security Administra-
tion for salaries, operations, and maintenance of the Administra-
tion— 
‘‘(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 Transpor-
tation’’ and inserting ‘‘Department of Homeland Security’’; 
(2) by amending subsection (b) to read as follows: 
‘‘(b) LEADERSHIP.— 
‘‘(1) HEAD OF TRANSPORTATION SECURITY ADMINISTRATION.— 
‘‘(A) APPOINTMENT.—The head of the Administration 
shall be the Administrator of the Transportation Security 
Administration (referred to in this section as the ‘Adminis-
trator’). The Administrator shall be appointed by the Presi-
dent, 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 Adminis-
trator 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 Adminis-
trator, who shall assist the Administrator in the manage-
ment of the Transportation Security Administration. The 
Deputy Administrator shall be appointed by the President. 
‘‘(B) VACANCY.—The Deputy Administrator shall be 
Acting Administrator during the absence or incapacity of 
the Administrator or during a vacancy in the office of 
Administrator. 
‘‘(C) 
QUALIFICATIONS.—The 
Deputy 
Administrator 
must— 
‘‘(i) be a citizen of the United States; and 
‘‘(ii) have experience in a field directly related to 
transportation or security. 
‘‘(3) CHIEF COUNSEL.— 
49 USC 114. 
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132 STAT. 3544 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(A) APPOINTMENT.—There is established in the 
Transportation Security Administration a Chief Counsel, 
who shall advise the Administrator and other senior offi-
cials on all legal matters relating to the responsibilities, 
functions, and management of the Transportation Security 
Administration. 
‘‘(B) QUALIFICATIONS.—The Chief Counsel must be a 
citizen of the United States.’’; and 
(3) in subsections (c) through (n), (p), (q), and (r), by striking 
‘‘Under Secretary’’ each place it appears and inserting 
‘‘Administrator’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Section 114, as amended by subsection 
(a) of this section, is further amended— 
(A) in subsection (g)— 
(i) in paragraph (1)— 
(I) in the matter preceding subparagraph (A), 
by striking ‘‘Subject to the direction and control 
of the Secretary’’ and inserting ‘‘Subject to the 
direction and control of the Secretary of Homeland 
Security’’; and 
(II) in subparagraph (D), by inserting ‘‘of 
Homeland Security’’ after ‘‘Secretary’’; and 
(ii) in paragraph (3), by inserting ‘‘of Homeland 
Security’’ after ‘‘Secretary’’; 
(B) in subsection (j)(1)(D), by inserting ‘‘of Homeland 
Security’’ after ‘‘Secretary’’; 
(C) in subsection (k), by striking ‘‘functions transferred, 
on or after the date of enactment of the Aviation and 
Transportation Security Act,’’ and inserting ‘‘functions 
assigned’’; 
(D) in subsection (l)(4)(B), by striking ‘‘Administrator 
under subparagraph (A)’’ and inserting ‘‘Administrator of 
the Federal Aviation Administration under subparagraph 
(A)’’; 
(E) in subsection (n), by striking ‘‘Department of 
Transportation’’ and inserting ‘‘Department of Homeland 
Security’’; 
(F) in subsection (o), by striking ‘‘Department of 
Transportation’’ and inserting ‘‘Department of Homeland 
Security’’; 
(G) in subsection (p)(4), by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Secretary of Homeland 
Security’’; 
(H) in subsection (s)— 
(i) in paragraph (3)(B), by inserting ‘‘)’’ after ‘‘Act 
of 2007’’; and 
(ii) in paragraph (4)— 
(I) in the heading, by striking ‘‘SUBMISSIONS 
OF PLANS TO CONGRESS’’ and inserting ‘‘SUBMISSION 
OF PLANS’’; 
(II) by striking subparagraph (A); 
(III) by redesignating subparagraphs (B) 
through (E) as subparagraphs (A) through (D), 
respectively; 
(IV) in subparagraph (A), as redesignated— 
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132 STAT. 3545 
PUBLIC LAW 115–254—OCT. 5, 2018 
(aa) in the heading, by striking ‘‘SUBSE-
QUENT VERSIONS’’ and inserting ‘‘IN GENERAL’’; 
and 
(bb) by striking ‘‘After December 31, 2015, 
the’’ and inserting ‘‘The’’; and 
(V) in subparagraph (B)(ii)(III)(cc), as redesig-
nated, by striking ‘‘for the Department’’ and 
inserting ‘‘for the Department of Homeland Secu-
rity’’; 
(I) by redesignating subsections (u), (v), and (w) as 
subsections (t), (u), and (v), respectively; 
(J) in subsection (t), as redesignated— 
(i) in paragraph (1)— 
(I) by striking subparagraph (D); and 
(II) by redesignating subparagraph (E) as 
subparagraph (D); 
(ii) in paragraph (2), by inserting ‘‘of Homeland 
Security’’ after ‘‘Plan, the Secretary’’; 
(iii) in paragraph (4)(B)— 
(I) by inserting ‘‘of Homeland Security’’ after 
‘‘agency within the Department’’; and 
(II) by inserting ‘‘of Homeland Security’’ after 
‘‘Secretary’’; 
(iv) by amending paragraph (6) to read as follows: 
‘‘(6) ANNUAL REPORT ON PLAN.—The Secretary of Homeland 
Security shall annually submit to the appropriate congressional 
committees a report containing the Plan.’’; and 
(v) in paragraphs (7) and (8), by inserting ‘‘of 
Homeland Security’’ after ‘‘Secretary’’; and 
(K) in subsection (u), as redesignated— 
(i) in paragraph (1)— 
(I) in subparagraph (B), by inserting ‘‘or the 
Administrator’’ after ‘‘Secretary of Homeland Secu-
rity’’; and 
(II) in subparagraph (C)(ii), by striking ‘‘Sec-
retary’s designee’’ and inserting ‘‘Secretary of 
Defense’s designee’’; 
(III) in subparagraphs (B), (C), (D), and (E) 
of paragraph (3), by inserting ‘‘of Homeland Secu-
rity’’ after ‘‘Secretary’’ each place it appears; 
(ii) in paragraph (4)(A), by inserting ‘‘of Homeland 
Security’’ after ‘‘Secretary’’; 
(iii) in paragraph (5), by inserting ‘‘of Homeland 
Security’’ after ‘‘Secretary’’; and 
(iv) in paragraph (7)— 
(I) in subparagraph (A), by striking ‘‘Not later 
than December 31, 2008, and annually thereafter, 
the Secretary’’ and inserting ‘‘The Secretary of 
Homeland Security’’; and 
(II) by striking subparagraph (D). 
(2) CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE FOR 
PUBLIC AND PRIVATE STAKEHOLDERS.—Section 1203(b)(1)(B) of 
the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (49 U.S.C. 114 note) is amended by striking ‘‘, 
under section 114(u)(7) of title 49, United States Code, as 
added by this section, or otherwise,’’. 
(c) EXECUTIVE SCHEDULE.— 
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132 STAT. 3546 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Avia-
tion and Transportation Security Act (5 U.S.C. 5313 note) 
is amended— 
(i) by striking ‘‘Under Secretary’’ and inserting 
‘‘Administrator 
of 
the 
Transportation 
Security 
Administration’’; 
(ii) by striking ‘‘on the Secretary’s’’ and inserting 
‘‘on the Secretary of Homeland Security’s’’; and 
(iii) by striking ‘‘Under Secretary’s’’ and inserting 
‘‘Administrator’s’’. 
(2) DEPUTY ADMINISTRATOR OF THE TSA.—Section 5314 of 
title 5, United States Code, is amended by inserting after 
the item relating to Deputy Administrators, Federal Emergency 
Management Agency the following: 
‘‘Deputy Administrator, Transportation Security Administra-
tion.’’. 
(3) NONAPPLICABILITY.—The amendment made by para-
graph (2) of this subsection shall not affect the salary of an 
individual who is performing the duties of the Deputy Adminis-
trator on the date of enactment of this Act, even if that indi-
vidual is subsequently appointed as Deputy Administrator. 
SEC. 1905. TRANSPORTATION SECURITY ADMINISTRATION ORGANIZA-
TION. 
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 para-
graph (2), the Administrator of the Transportation Security 
Administration shall appoint at least 1 individual who shall— 
‘‘(A) report directly to the Administrator or the 
Administrator’s designated direct report; and 
‘‘(B) be responsible and accountable for that area. 
‘‘(2) AREAS DESCRIBED.—The areas described in this para-
graph 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 pro-
grams designed to secure air transportation. 
‘‘(B) Surface transportation security operations and 
training, including risk-based, adaptive security— 
‘‘(i) focused on accomplishing security systems 
assessments; 
‘‘(ii) reviewing and prioritizing projects for appro-
priated surface transportation security grants; 
5 USC 5314 note. 
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132 STAT. 3547 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(iii) operator compliance with surface transpor-
tation security law, including regulations, and vol-
untary industry standards; and 
‘‘(iv) workforce training and development pro-
grams, and other specialized programs designed to 
secure surface transportation. 
‘‘(C) Transportation industry engagement and plan-
ning, 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, gen-
eral aviation, air cargo, mass transit and passenger rail, 
freight rail, pipeline, highway and motor carriers, and mari-
time. 
‘‘(D) International strategy and operations, including 
agency efforts to work with international partners to secure 
the global transportation network. 
‘‘(E) 
Trusted 
and 
registered 
traveler 
programs, 
including the management and marketing of the agency’s 
trusted traveler initiatives, including the PreCheck Pro-
gram, 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, oper-
ations, 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 commu-
nication and engagement with internal and external 
audiences in a timely, accurate, and transparent manner, 
and development and implementation of strategies within 
the agency to achieve congressional approval or authoriza-
tion 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 EFFI-
CIENCY. 
(a) EFFICIENCY REVIEW.— 
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132 STAT. 3548 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 restruc-
turing of TSA divisions. 
(2) REQUIREMENTS.—In carrying out the review under para-
graph (1), the Administrator shall consider the following: 
(A) Eliminating unnecessarily duplicative or overlap-
ping programs and initiatives. 
(B) Eliminating unnecessary or obsolete rules, regula-
tions, 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 Adminis-
trator in accordance with this section. 
(D) Reducing, by 20 percent, the number of positions 
at the Senior Executive Service level at the TSA as cal-
culated 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 Con-
gress a report on the findings, including a description of any cost 
savings expected to be achieved by the streamlining or restructuring 
of TSA divisions. 
SEC. 1907. PERSONNEL MANAGEMENT SYSTEM REVIEW. 
(a) IN GENERAL.—Not later than 30 days after the date of 
enactment of this Act, the Administrator shall convene a working 
group consisting of representatives of the TSA and representatives 
of the labor organization representing security screening personnel 
to recommend reforms to the TSA’s personnel management system, 
including appeals to the Merit Systems Protection Board and griev-
ance 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 rec-
ommendations 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 Fed-
eral air marshal or criminal investigator (as defined 
in section 5545a(a)(2)) of the Transportation Security 
Administration, subject to all restrictions and earning 
limitations imposed on criminal investigators receiving 
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132 STAT. 3549 
PUBLIC LAW 115–254—OCT. 5, 2018 
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-cred-
itable basic pay. 
(B) IMPLEMENTATION.—Not later than 3 months after 
the date of enactment of this Act, the Director of the 
Office of Personnel Management shall commence taking 
such actions as are necessary to implement the amend-
ments 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 PROFES-
SIONALS. 
Section 114(n), as amended by section 1904 of this Act, is 
further amended— 
(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘The personnel 
management system’’ and indenting appropriately; and 
(2) by adding at the end the following: 
‘‘(2) MERITORIOUS EXECUTIVE OR DISTINGUISHED EXECUTIVE 
RANK
AWARDS.—Notwithstanding section 40122(g)(2) of this 
title, the applicable sections of title 5 shall apply to the 
Transportation Security Administration personnel management 
system, except that— 
‘‘(A) for purposes of applying such provisions to the 
personnel management system— 
‘‘(i) the term ‘agency’ means the Department of 
Homeland Security; 
‘‘(ii) the term ‘senior executive’ means a Transpor-
tation Security Administration executive serving on 
a Transportation Security Executive Service appoint-
ment; 
‘‘(iii) the term ‘career appointee’ means a Transpor-
tation 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 cov-
ered by the Transportation Security Administration 
Core Compensation System at the L or M pay band; 
5 USC 8331 note. 
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132 STAT. 3550 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(B) receipt by a career appointee or a senior career 
employee of the rank of Meritorious Executive or Meri-
torious 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 Distin-
guished Senior Professional entitles the individual to a 
lump-sum payment of an amount equal to 35 percent of 
annual basic pay, which shall be in addition to the basic 
pay paid under the applicable Transportation Security 
Administration pay system. 
‘‘(3) DEFINITION OF APPLICABLE SECTIONS OF TITLE 5.—In 
this subsection, the term ‘applicable sections of title 5’ means— 
‘‘(A) subsections (b), (c) and (d) of section 4507 of title 
5; and 
‘‘(B) subsections (b) and (c) of section 4507a of title 
5.’’. 
SEC. 1910. TRANSMITTALS TO CONGRESS. 
With regard to each report, legislative proposal, or other 
communication of the Executive Branch related to the TSA and 
required to be submitted to Congress or the appropriate committees 
of Congress, the Administrator shall transmit such communication 
directly to the appropriate committees of Congress. 
Subtitle B—Security Technology 
SEC. 1911. THIRD PARTY TESTING AND VERIFICATION OF SCREENING 
TECHNOLOGY. 
(a) IN GENERAL.—In carrying out the responsibilities under 
section 114(f)(9), the Administrator shall develop and implement, 
not later than 1 year after the date of enactment of this Act, 
a program to enable a vendor of related security screening tech-
nology 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. 
49 USC 114 note. 
49 USC 114 note. 
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132 STAT. 3551 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) INTERNATIONAL STANDARDS.—To the extent practicable 
and permissible under law and considering the national security 
interests of the United States, the Administrator shall— 
(A) share detection testing information and standards 
with appropriate international partners; and 
(B) coordinate with the appropriate international part-
ners 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 Adminis-
trator, the testing at the TSA Systems Integration Facility, 
including testing for— 
(1) health and safety factors; 
(2) operator interface; 
(3) human factors; 
(4) environmental factors; 
(5) throughput; 
(6) reliability, maintainability, and availability factors; and 
(7) interoperability. 
(e) TESTING AND VERIFICATION FRAMEWORK.— 
(1) IN GENERAL.—The Administrator shall— 
(A) establish a framework for the third party testing 
and for verifying a security technology is operationally 
effective and able to meet the TSA’s mission needs before 
it may enter or re-enter, as applicable, the operational 
context at an airport or other transportation facility; 
(B) use phased implementation to allow the TSA and 
the third party to establish best practices; and 
(C) oversee the third party testing and evaluation 
framework. 
(2) RECOMMENDATIONS.—The Administrator shall request 
ASAC’s Security Technology Subcommittee, in consultation 
with representatives of the security manufacturers industry, 
to develop and submit to the Administrator recommendations 
for the third party testing and verification framework. 
(f) FIELD TESTING.—The Administrator shall prioritize the field 
testing and evaluation, including by third parties, of security tech-
nology and equipment at airports and on site at security technology 
manufacturers whenever possible as an alternative to the TSA 
Systems Integration Facility. 
(g) APPROPRIATE THIRD PARTIES.— 
(1) CITIZENSHIP REQUIREMENT.—An appropriate third party 
under subsection (a) shall be— 
(A) if an individual, a citizen of the United States; 
or 
(B) if an entity, owned and controlled by a citizen 
of the United States. 
(2) WAIVER.—The Administrator may waive the require-
ment under paragraph (1)(B) if the entity is a United States 
subsidiary of a parent company that has implemented a foreign 
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132 STAT. 3552 
PUBLIC LAW 115–254—OCT. 5, 2018 
ownership, control, or influence mitigation plan that has been 
approved by the Defense Security Service of the Department 
of Defense before applying to provide third party testing. The 
Administrator may reject any application to provide third party 
testing under subsection (a) submitted by an entity that 
requires a waiver under this paragraph. 
(3) CONFLICTS
OF
INTEREST.—The Administrator shall 
ensure, to the extent possible, that an entity providing third 
party testing under this section does not have a contractual, 
business, or other pecuniary interest (exclusive of any such 
testing) in— 
(A) the security screening technology subject to such 
testing; or 
(B) the vendor of such technology. 
(h) GAO REVIEW.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate committees of Congress 
a study on the third party testing program developed under 
this section 
(2) REVIEW.—The study under paragraph (1) shall include 
a review of the following: 
(A) Any efficiencies or gains in effectiveness achieved 
in TSA operations, including technology acquisition or 
screening operations, as a result of such program. 
(B) The degree to which the TSA conducts timely and 
regular oversight of the appropriate third parties engaged 
in such testing. 
(C) The effect of such program on the following: 
(i) The introduction of innovative detection tech-
nologies into security screening operations. 
(ii) The availability of testing for technologies 
developed by small to medium sized businesses. 
(D) Any vulnerabilities associated with such program, 
including with respect to the following: 
(i) National security. 
(ii) Any conflicts of interest between the appro-
priate third parties engaged in such testing and the 
entities providing such technologies to be tested. 
(iii) Waste, fraud, and abuse. 
SEC. 1912. TRANSPORTATION SECURITY ADMINISTRATION SYSTEMS 
INTEGRATION FACILITY. 
(a) IN GENERAL.—The Administrator shall continue to operate 
the Transportation Security Administration Systems Integration 
Facility (referred to in this section as the ‘‘TSIF’’) for the purposes 
of testing and evaluating advanced transportation security 
screening technologies related to the mission of the TSA. 
(b) REQUIREMENTS.—The TSIF shall— 
(1) evaluate the technologies described in subsection (a) 
to enhance the security of transportation systems through 
screening and threat mitigation and detection; 
(2) test the technologies described in subsection (a) to sup-
port identified mission needs of the TSA and to meet require-
ments for acquisitions and procurement; 
49 USC 114 note. 
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132 STAT. 3553 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 facili-
ties for purposes of augmenting the capabilities of the TSIF; 
(5) deliver advanced transportation security screening tech-
nologies that enhance the overall security of domestic transpor-
tation systems; and 
(6) to the extent practicable, provide funding and promote 
efforts to enable participation by a small business concern 
(as the term is described under section 3 of the Small Business 
Act (15 U.S.C. 632)) that— 
(A) has an advanced technology or capability; but 
(B) does not have adequate resources to participate 
in testing and evaluation processes. 
(c) STAFFING AND RESOURCE ALLOCATION.—The Administrator 
shall ensure adequate staffing and resource allocations for the 
TSIF in a manner that— 
(1) prevents unnecessary delays in the testing and evalua-
tion 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 appro-
priate committees of Congress if testing and evaluation by 
the TSIF of an advanced transportation security screening tech-
nology under this section exceeds 180 days from the delivery 
date. 
(2) NOTIFICATION.—The notification under paragraph (1) 
shall include— 
(A) information relating to the delivery date; 
(B) a justification for why the testing and evaluation 
process has exceeded 180 days; and 
(C) the estimated date for completion of such testing 
and evaluation. 
(3) DEFINITION OF DELIVERY DATE.—In this subsection, the 
term ‘‘delivery date’’ means the date that the owner of an 
advanced transportation security screening technology— 
(A) after installation, delivers the technology to the 
TSA for testing and evaluation; and 
(B) submits to the Administrator, in such form and 
manner as the Administrator prescribes, a signed notifica-
tion 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 responsibil-
ities of the Undersecretary for Science and Technology of the 
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132 STAT. 3554 
PUBLIC LAW 115–254—OCT. 5, 2018 
Department and Assistant Secretary of the Countering Weapons 
of Mass Destruction Office of the Department. 
SEC. 1913. OPPORTUNITIES TO PURSUE EXPANDED NETWORKS FOR 
BUSINESS. 
(a) STRATEGY.—Subtitle B of title of title XVI of the Homeland 
Security Act of 2002 (6 U.S.C. 563 et seq.) is amended by adding 
at the end following: 
‘‘SEC. 1617. DIVERSIFIED SECURITY TECHNOLOGY INDUSTRY MARKET-
PLACE. 
‘‘(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 secu-
rity 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 solicita-
tion, 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 tech-
nology to the Administration, innovative technologies or 
capabilities with the potential to enhance transportation secu-
rity. 
‘‘(2) Specific actions that the Administrator will take, 
including modifications to the processes described in paragraph 
(1), to foster diversification within the security technology 
industry marketplace. 
‘‘(3) Projected timelines for implementing the actions 
described in paragraph (2). 
‘‘(4) Plans for how the Administrator could, to the extent 
practicable, assist a small business innovator periodically 
during such processes, including when such an innovator lacks 
adequate resources to participate in such processes, to facilitate 
an advanced transportation security technology or capability 
being developed and acquired by the Administrator. 
‘‘(5) An assessment of the feasibility of partnering with 
an organization described in section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from tax under section 
501(a) of such Code to provide venture capital to businesses, 
particularly small business innovators, for commercialization 
of innovative transportation security technologies that are 
expected to be ready for commercialization in the near term 
and within 36 months. 
‘‘(c) FEASIBILITY ASSESSMENT.—In conducting the feasibility 
assessment under subsection (b)(5), the Administrator shall consider 
the following: 
‘‘(1) Establishing an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 and exempt 
from tax under section 501(a) of such Code as a venture capital 
partnership between the private sector and the intelligence 
community to help businesses, particularly small business 
6 USC 563f. 
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132 STAT. 3555 
PUBLIC LAW 115–254—OCT. 5, 2018 
innovators, commercialize innovative security-related tech-
nologies. 
‘‘(2) Enhanced engagement through the Science and Tech-
nology Directorate of the Department of Homeland Security. 
‘‘(d) RULE
OF CONSTRUCTION.—Nothing in this section may 
be construed as requiring changes to the Transportation Security 
Administration standards for security technology. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMUNITY.—The term ‘intelligence 
community’ has the meaning given the term in section 3 of 
the National Security Act of 1947 (50 U.S.C. 3003). 
‘‘(2) SMALL BUSINESS CONCERN.—The term ‘small business 
concern’ has the meaning described under section 3 of the 
Small Business Act (15 U.S.C. 632). 
‘‘(3) SMALL BUSINESS INNOVATOR.—The term ‘small business 
innovator’ means a small business concern that has an 
advanced transportation security technology or capability.’’. 
(b) GAO REVIEW.—Not later than 1 year after the date the 
strategy is submitted under section 1617 of the Homeland Security 
Act of 2002, the Comptroller General of the United States shall— 
(1) review the extent to which the strategy— 
(A) addresses the requirements of that section; 
(B) has resulted in increased participation of small 
business innovators in the security technology industry 
marketplace; and 
(C) has diversified the security technology industry 
marketplace; and 
(2) submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Homeland 
Security of the House of Representatives the findings of the 
review and any recommendations. 
(c) TABLE OF CONTENTS.—The table of contents in section 1(b) 
of the Homeland Security Act of 2002 is amended by inserting 
after the item relating to section 1616 the following: 
‘‘1617. Diversified security technology industry marketplace.’’. 
SEC. 1914. RECIPROCAL RECOGNITION OF SECURITY STANDARDS. 
(a) IN GENERAL.—The Administrator, in coordination with 
appropriate international aviation security authorities, shall develop 
a validation process for the reciprocal recognition of security equip-
ment 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, quali-
fication, and information security, including cybersecurity, stand-
ards 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 enact-
ment of this Act, the Secretary, in consultation with the Adminis-
trator 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 
49 USC 44903 
note. 
49 USC 44901 
note. 
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132 STAT. 3556 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) may direct the TSA to administer the Transportation 
Security Laboratory if the review under paragraph (1) identifies 
the TSA as the most appropriate component. 
(b) PERIODIC REVIEWS.—The Secretary shall periodically review 
the screening technology test and evaluation process conducted 
at the Transportation Security Laboratory to improve the coordina-
tion, 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 innova-
tion task force— 
(1) to cultivate innovations in transportation security; 
(2) to develop and recommend how to prioritize and stream-
line requirements for new approaches to transportation secu-
rity; 
(3) to accelerate the development and introduction of new 
innovative transportation security technologies and improve-
ments to transportation security operations; and 
(4) to provide industry with access to the airport environ-
ment 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 tech-
nology, capability, or process in the airport environment; 
(B) by gathering performance data from such a dem-
onstration to inform the acquisition process; and 
(C) by enabling a small business with an innovative 
technology or emerging security capability, but less than 
adequate resources, to participate in such a demonstration; 
(2) conduct at least quarterly collaboration meetings with 
industry, including air carriers, airport operators, and other 
transportation security stakeholders to highlight and discuss 
best practices on innovative security operations and technology 
evaluation and deployment; and 
(3) submit to the appropriate committees of Congress an 
annual report on the effectiveness of key performance data 
from task force-sponsored projects and checkpoint enhance-
ments. 
(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. 
49 USC 44912 
note. 
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132 STAT. 3557 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Home-
land Security that the Administrator considers appropriate; 
and 
(D) such industry representatives as the Administrator 
considers appropriate. 
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to require the acquisition or deployment of an innovative 
technology, emerging security capability, or process identified, 
developed, or recommended under this section. 
(e) NONAPPLICABILITY OF FACA.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the task force estab-
lished under this section. 
SEC. 1917. 5-YEAR TECHNOLOGY INVESTMENT PLAN UPDATE. 
Section 1611 of the Homeland Security Act of 2002 (6 U.S.C. 
563) is amended— 
(1) in subsection (g)— 
(A) by striking the matter preceding paragraph (1) 
and inserting ‘‘The Administrator shall, in collaboration 
with relevant industry and government stakeholders, 
annually submit to Congress in an appendix to the budget 
request and publish in an unclassified format in the public 
domain—’’; 
(B) in paragraph (1), by striking ‘‘; and’’ and inserting 
a semicolon; 
(C) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(3) information about acquisitions completed during the 
fiscal year preceding the fiscal year during which the report 
is submitted.’’; and 
(2) by adding at the end the following: 
‘‘(h) ADDITIONAL UPDATE REQUIREMENTS.—Updates and reports 
under subsection (g) shall— 
‘‘(1) be prepared in consultation with— 
‘‘(A) the persons described in subsection (b); and 
‘‘(B) the Surface Transportation Security Advisory 
Committee established under section 404; and 
‘‘(2) include— 
‘‘(A) information relating to technology investments by 
the Transportation Security Administration and the private 
sector that the Department supports with research, 
development, testing, and evaluation for aviation, including 
air cargo, and surface transportation security; 
‘‘(B) information about acquisitions completed during 
the fiscal year preceding the fiscal year during which the 
report is submitted; 
‘‘(C) information relating to equipment of the Transpor-
tation Security Administration that is in operation after 
the end of the life-cycle of the equipment specified by 
the manufacturer of the equipment; and 
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132 STAT. 3558 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(D) to the extent practicable, a classified addendum 
to report sensitive transportation security risks and associ-
ated capability gaps that would be best addressed by secu-
rity-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 allo-
cated to the procurement of a technology; or 
‘‘(B) an increase or decrease in the number of a tech-
nology.’’. 
SEC. 1918. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY. 
(a) IN GENERAL.—Title XVI of the Homeland Security Act of 
2002 (6 U.S.C. 561 et seq.), as amended by section 1913 of this 
Act, is further amended by adding at the end the following: 
‘‘Subtitle C—Maintenance of Security- 
related Technology 
‘‘SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT. 
‘‘(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of the TSA Modernization Act, the Administrator shall 
develop and implement a preventive maintenance validation process 
for security-related technology deployed to airports. 
‘‘(b) MAINTENANCE
BY ADMINISTRATION PERSONNEL
AT AIR-
PORTS.—For maintenance to be carried out by Administration per-
sonnel at airports, the process referred to in subsection (a) shall 
include the following: 
‘‘(1) Guidance to Administration personnel at airports speci-
fying 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 mainte-
nance to be carried by a contractor at airports, the process referred 
to in subsection (a) shall require the following: 
‘‘(1) Provision of monthly preventative maintenance sched-
ules 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 
6 USC 565. 
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132 STAT. 3559 
PUBLIC LAW 115–254—OCT. 5, 2018 
for noncompliance when it is determined that either preventive 
or corrective maintenance has not been completed according to 
contractual requirements and manufacturers’ specifications.’’. 
(b) TABLE OF CONTENTS.—The table of contents of the Homeland 
Security Act of 2002, as amended by section 1913 of this Act, 
is further amended by inserting after the item relating to section 
1617 the following: 
‘‘Subtitle C—Maintenance of Security-related Technology 
‘‘1621. Maintenance validation and oversight.’’. 
SEC. 1919. BIOMETRICS EXPANSION. 
(a) IN GENERAL.—The Administrator and the Commissioner 
of U.S. Customs and Border Protection shall consult with each 
other on the deployment of biometric technologies. 
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to permit the Commissioner of U.S. Customs and Border 
Protection to facilitate or expand the deployment of biometric tech-
nologies, or otherwise collect, use, or retain biometrics, not author-
ized 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 appro-
priate committees of Congress, and to any Member of Congress 
upon the request of that Member, a report that includes specific 
assessments from the Administrator and the Commissioner of U.S. 
Customs and Border Protection with respect to the following: 
(1) The operational and security impact of using biometric 
technology to identify travelers. 
(2) The potential effects on privacy of the expansion of 
the use of biometric technology under paragraph (1), including 
methods proposed or implemented to mitigate any risks to 
privacy identified by the Administrator or the Commissioner 
related to the active or passive collection of biometric data. 
(3) Methods to analyze and address any matching perform-
ance 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 nation-
ality; 
(iii) the extent to which and how biometric tech-
nologies 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; 
6 USC 1118. 
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132 STAT. 3560 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 tech-
nologies; or 
(II) whether the use of biometric technologies 
and error rates in the use of such technologies 
disproportionately affect a certain race, gender, 
or nationality; and 
(ii) the results of the audits described in clause 
(i). 
(C) A description of the process by which domestic 
travelers are able to opt-out of scanning using biometric 
technologies. 
(D) A description of— 
(i) what traveler data is collected through scanning 
using biometric technologies, what agencies have 
access to such data, and how long the agencies possess 
such data; 
(ii) specific actions that the Department and other 
relevant Federal departments and agencies take to 
safeguard such data; and 
(iii) a short-term goal for the prompt deletion of 
the data of individual United States citizens after such 
data is used to verify traveler identities. 
(d) 
PUBLICATION
OF
ASSESSMENTS.—The 
Secretary, 
the 
Administrator, and the Commissioner shall, if practicable, publish 
a public version of the assessment required by subsection (c)(2) 
on the Internet website of the TSA and of the U.S. Customs and 
Border Protection. 
SEC. 1920. PILOT PROGRAM FOR AUTOMATED EXIT LANE TECH-
NOLOGY. 
(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. 
49 USC 44903 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Con-
gress a report on the pilot program, including— 
(1) the extent of airport participation in the pilot program 
and how the program was implemented; 
(2) the results of the pilot program and any reported bene-
fits, including the impact on security and any cost-related effi-
ciencies realized by TSA or at the participating airports; and 
(3) the feasibility of expanding the pilot program to addi-
tional airports, including to medium and large hub airports. 
SEC. 1921. AUTHORIZATION OF APPROPRIATIONS; EXIT LANE SECU-
RITY. 
There is authorized to be appropriated to carry out section 
44903(n)(1) of title 49, United States Code, $77,000,000 for each 
of fiscal years 2019 through 2021. 
SEC. 1922. REAL-TIME SECURITY CHECKPOINT WAIT TIMES. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall make available 
to the public information on wait times at each airport security 
checkpoint at which security screening operations are conducted 
or overseen by the TSA. 
(b) REQUIREMENTS.—The information described in subsection 
(a) shall be provided in real time via technology and published— 
(1) online; and 
(2) in physical locations at applicable airport terminals. 
(c) CONSIDERATIONS.—The Administrator shall only make the 
information described in subsection (a) available to the public if 
it can do so in a manner that does not increase public area security 
risks. 
(d) DEFINITION OF WAIT TIME.—In this section, the term ‘‘wait 
time’’ means the period beginning when a passenger enters a queue 
for a screening checkpoint and ending when that passenger exits 
the checkpoint. 
SEC. 1923. GAO REPORT ON DEPLOYMENT OF SCREENING TECH-
NOLOGIES 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, appro-
priately 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; 
49 USC 44901 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 tech-
nology testing and evaluation, acquisitions, and procurement 
practices within TSA. 
(2) CONTENTS.—Such review shall include— 
(A) identifying process delays and obstructions within 
the Department and the Administration regarding how 
such technology is identified, tested and evaluated, 
acquired, and deployed; 
(B) assessing whether the TSA can better leverage 
existing resources or processes of the Department for the 
purposes of technology testing and evaluation; 
(C) assessing whether the TSA can further encourage 
innovation and competition among technology stakeholders, 
including through increased participation of and funding 
for small business concerns (as such term is described 
under section 3 of the Small Business Act (15 U.S.C. 632)); 
(D) identifying best practices of other Department 
components or United States Government entities; and 
(E) a plan to address any problems or challenges identi-
fied by such review. 
(b) BRIEFING.—The Administrator shall provide to the appro-
priate 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.—Incor-
porating the results of the review in subsection (a), the Adminis-
trator shall— 
(1) engage in outreach, coordination, and collaboration with 
transportation stakeholders to identify and foster innovation 
of new advanced transportation security screening technologies; 
(2) streamline the overall technology development, testing, 
evaluation, acquisitions, procurement, and deployment proc-
esses 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 acquisi-
tion process relating to the health and safety risks associated with 
implementation of screening technologies. 
(e) PERFORMANCE OBJECTIVES.—The Administrator shall estab-
lish performance objectives for the testing and verification of secu-
rity technology, including testing and verification conducted by 
49 USC 44901 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
appropriate third parties under section 1911, to ensure that 
progress is made, at a minimum, toward— 
(1) reducing time for each phase of testing while 
maintaining security (including testing for detection testing, 
operational testing, testing and verification framework, and 
field testing); 
(2) eliminating testing and verification delays; and 
(3) increasing accountability. 
(f) TRACKING.— 
(1) IN
GENERAL.—In carrying out subsection (e), the 
Administrator shall establish and continually track perform-
ance 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 Adminis-
trator 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 para-
graph (1) of this subsection, have been met. 
(B) ELEMENTS.—The report required by subparagraph 
(A) shall include— 
(i) a list of the performance metrics established 
under paragraph (1), including the length of time for 
each phase of testing and verification for each type 
of security technology; and 
(ii) a comparison of the progress achieved for 
testing and verification of security technology con-
ducted 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 tech-
nology systems at airports. 
SEC. 1925. COMPUTED TOMOGRAPHY PILOT PROGRAMS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Administrator shall carry out a pilot 
program to test the use of screening equipment using computed 
tomography technology to screen baggage at passenger screening 
checkpoints at airports. 
(b) FEASIBILITY STUDY.— 
49 USC 44901 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 fol-
lowing: 
(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 sys-
tems that may have potential to enhance the screening 
of air cargo, including systems that may address aperture 
challenges associated with screening certain categories of 
air cargo. 
(D) An analysis of emerging screening technologies, 
in addition to computed tomography, that may be used 
to enhance the screening of air cargo. 
(c) PILOT PROGRAM.—Not later than 120 days after the date 
the feasibility study is submitted under subsection (b), the Adminis-
trator 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 pro-
gram. 
(e) DEFINITIONS.—In this section: 
(1) AIR CARRIER.—The term ‘‘air carrier’’ has the meaning 
given the term in section 40102 of title 49, United States 
Code. 
(2) AIR TRANSPORTATION.—The term ‘‘air transportation’’ 
has the meaning given the term in section 40102 of title 49, 
United States Code. 
(3) FOREIGN AIR CARRIER.—The term ‘‘foreign air carrier’’ 
has the meaning given the term in section 40102 of title 49, 
United States Code. 
(4) INTERSTATE AIR COMMERCE.—The term ‘‘interstate air 
commerce’’ has the meaning given the term in section 40102 
of title 49, United States Code. 
(5) INTERSTATE AIR TRANSPORTATION.—The term ‘‘interstate 
air transportation’’ has the meaning given the term in section 
40102 of title 49, United States Code. 
Subtitle C—Public Area Security 
SEC. 1926. DEFINITIONS. 
In this subtitle: 
6 USC 1116 note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(1) BEHAVIORAL STANDARDS.—The term ‘‘behavioral stand-
ards’’ means standards for the evaluation of explosives detection 
working canines for certain factors, including canine tempera-
ment, work drive, suitability for training, environmental factors 
used in evaluations, and canine familiarity with natural or 
man-made surfaces or working conditions relevant to the 
canine’s expected work area. 
(2) MEDICAL STANDARDS.—The term ‘‘medical standards’’ 
means standards for the evaluation of explosives detection 
working canines for certain factors, including canine health, 
management of heredity health conditions, breeding practices, 
genetics, pedigree, and long-term health tracking. 
(3) TECHNICAL
STANDARDS.—The term ‘‘technical stand-
ards’’ 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 estab-
lished under subsection (a) shall be comprised of representatives 
from the following: 
(1) The TSA. 
(2) The Science and Technology Directorate of the Depart-
ment. 
(3) National domestic canine associations with expertise 
in breeding and pedigree. 
(4) Universities with expertise related to explosives detec-
tion 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 stake-
holders to further the development of such domestic non-Fed-
eral canine breeding capacity and training. 
(e) STRATEGY.—Not later than 180 days after the date the 
recommendations are submitted under subsection (d), the Adminis-
trator shall develop and submit to the appropriate committees 
of Congress a strategy for working with non-Federal stakeholders 
6 USC 1116 note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
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 depart-
ments 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 detec-
tion canine breeding capacity that can be leveraged to help meet 
the Department’s operational needs. 
(g) TERMINATION.—The working group established under sub-
section (a) shall terminate on the date that the strategy is submitted 
under subsection (e), unless the Administrator extends the termi-
nation date for the purposes of section 1928. 
(h) NONAPPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE 
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the working group established under this Act. 
SEC. 1928. THIRD PARTY DOMESTIC CANINES. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, to enhance the efficiency and efficacy of transpor-
tation 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 explo-
sives detection canine teams for use by transportation stake-
holders to enhance public area security at transportation hubs, 
including airports. 
(2) CONSULTATION.—In developing the guidance under 
paragraph (1), the Administrator shall consult with— 
(A) the working group established under section 1927; 
(B) the officials responsible for carrying out section 
1941; and 
(C) such transportation stakeholders, canine providers, 
law enforcement, privacy groups, and transportation secu-
rity 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 capabili-
ties 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 
6 USC 1116 note. 
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132 STAT. 3567 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 sub-
section (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 evalua-
tion venues where third parties may conduct testing; and 
(3) periodically assess the program at evaluation centers 
to ensure the proficiency of the canines beyond the initial 
testing and certification by the third party. 
(f) CONSULTATION.—To determine best practices for the use 
of third parties to test and certify the capabilities of canines, the 
Administrator shall consult with the following persons before 
entering into an agreement under subsection (c): 
(1) The Secretary of State. 
(2) The Secretary of Defense. 
(3) Non-profit organizations that train, certify, and provide 
the services of canines for various purposes. 
(4) Institutions of higher education with research programs 
related to use of canines for the screening of individuals and 
property, including detection of explosive vapors among individ-
uals and articles of property. 
(g) THIRD PARTY EXPLOSIVES DETECTION CANINE PROVIDER 
LIST.— 
(1) IN GENERAL.—Not later than 90 days after the date 
the Administrator enters into an agreement under subsection 
(c), the Administrator shall develop and maintain a list of 
the names of each third party from which the TSA procures 
explosive detection canines, including for each such third party 
the relevant contractual period of performance. 
(2) DISTRIBUTION.—The Administrator shall make the list 
under paragraph (1) available to appropriate transportation 
stakeholders in such form and manner as the Administrator 
prescribes. 
(h) OVERSIGHT.—The Administrator shall establish a process 
to ensure appropriate oversight of the certification program and 
compliance with the standards under subsection (a), including peri-
odic 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 con-
trary, and subject to the other provisions of this para-
graph, an applicable large hub airport may provide 
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132 STAT. 3568 
PUBLIC LAW 115–254—OCT. 5, 2018 
a certified canine described in subparagraph (A) on 
an in-kind basis to the TSA to be deployed as a pas-
senger 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 nec-
essary to meet operational or security needs; and 
(II) notifies the applicable large hub airport 
described in clause (i). 
(iii) 
NONDEPLOYABLE
CANINES.—Any 
certified 
canine provided to the TSA under clause (i) that does 
not complete training for deployment under that clause 
shall be the responsibility of the large hub airport 
unless the TSA agrees to a different outcome. 
(C) HANDLERS.—Not later than 30 days before a canine 
begins training to become a certified canine under subpara-
graph (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 appro-
priate. 
(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 stake-
holder’’ includes an airport, airport operator, and air carrier. 
SEC. 1929. TRACKING AND MONITORING OF CANINE TRAINING AND 
TESTING. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator shall use, to the extent practicable, a digital 
monitoring system for all training, testing, and validation or certifi-
cation 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 Adminis-
trator 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 
6 USC 1112 note. 
6 USC 1116 note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(B) the distribution of VIPR team operations deployed 
across different modes of transportation. 
(2) ANNEX.—The notification under paragraph (1) may con-
tain a classified annex. 
(3) DEFINITION OF VIPR TEAM.—In this subsection, the term 
‘‘VIPR’’ means a Visible Intermodal Prevention and Response 
team authorized under section 1303 of the National Transit 
Systems Security Act of 2007 (6 U.S.C. 1112). 
(b) AUTHORIZATION OF VIPR TEAMS.—Section 1303(b) of the 
National Transit Systems Security Act of 2007 (6 U.S.C. 1112(b)) 
is amended by striking ‘‘to the extent appropriated, including funds 
to develop not more than 60 VIPR teams, for fiscal years 2016 
through 2018’’ and inserting ‘‘such sums as necessary, including 
funds to develop at least 30, but not more than 60, VIPR teams, 
for fiscal years 2019 through 2021’’. 
SEC. 1931. PUBLIC AREA SECURITY WORKING GROUP. 
(a) DEFINITIONS.—In this section: 
(1) PUBLIC AND PRIVATE STAKEHOLDERS.—The term ‘‘public 
and private stakeholders’’ has the meaning given the term 
in section 114(t)(1)(C) of title 49, United States Code. 
(2) SURFACE TRANSPORTATION ASSET.—The term ‘‘surface 
transportation asset’’ includes— 
(A) facilities, equipment, or systems used to provide 
transportation services by— 
(i) a public transportation agency (as the term 
is defined in section 1402 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 
(6 U.S.C. 1131)); 
(ii) a railroad carrier (as the term is defined in 
section 20102 of title 49, United States Code); 
(iii) an owner or operator of— 
(I) an entity offering scheduled, fixed-route 
transportation services by over-the road bus (as 
the term is defined in section 1501 of the Imple-
menting 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 sys-
tems, 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 communica-
tion capabilities among the TSA and public and private 
stakeholders with respect to terrorist or other threats. 
(B) Coordinated incident response procedures. 
(C) The prevention of terrorist attacks and other 
incidents through strategic planning, security training, 
exercises and drills, law enforcement patrols, worker vet-
ting, and suspicious activity reporting. 
49 USC 114 note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 pre-
ceding the date of the report, on— 
(i) the organization of the working group; 
(ii) the activities of the working group; 
(iii) the participation of the TSA and public and 
private stakeholders in the activities of the working 
group; 
(iv) the findings of the working group, including 
any recommendations. 
(B) PUBLICATION.—The Administrator may publish a 
public version of such report that describes the activities 
of the working group and such related matters as would 
be informative to the public, consistent with section 552(b) 
of title 5, United States Code. 
(3) NONAPPLICABILITY
OF
FACA.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the working 
group established under subsection (a) or any subcommittee 
thereof. 
(c) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary shall— 
(A) inform owners and operators of surface transpor-
tation 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 Sec-
retary shall publish on the Department website and widely 
disseminate, as appropriate, current best practices for pro-
tecting and enhancing the resilience of public areas of transpor-
tation facilities (including facilities that are surface transpor-
tation assets), including associated frameworks or templates 
for implementation. 
(d) REVIEW.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall— 
(A) review of regulations, directives, policies, and proce-
dures issued by the Administrator regarding the transpor-
tation 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 para-
graph (1), the Administrator shall consult with— 
(A) ASAC; 
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132 STAT. 3571 
PUBLIC LAW 115–254—OCT. 5, 2018 
(B) the Surface Transportation Security Advisory Com-
mittee 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 transpor-
tation stakeholders related to protecting the public spaces of 
transportation infrastructure from emerging threats, to the fol-
lowing: 
(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 accord-
ance 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 cyber-
security threat awareness; 
(2) expand and improve the City and Airport Threat Assess-
ment or similar program to public and private stakeholders 
to capture, quantify, communicate, and apply applicable intel-
ligence to inform transportation infrastructure mitigation meas-
ures, such as— 
(A) quantifying levels of risk by airport that can be 
used to determine risk-based security mitigation measures 
at each location; and 
(B) determining random and surge employee inspection 
operations based on changing levels of risk; 
(3) continue to disseminate Transportation Intelligence 
Notes, tear-lines, and related intelligence products to appro-
priate 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 Emer-
gency Management Agency and social media platforms, to dissemi-
nate information to transportation community employees, travelers, 
and the general public, as appropriate. 
(d) PUBLIC AWARENESS PROGRAMS.—The Secretary, in coordina-
tion with the Administrator, shall expand public programs of the 
Department of Homeland Security and the TSA that increase secu-
rity threat awareness, education, and training to include transpor-
tation network public area employees, including airport and 
transportation vendors, local hotels, cab and limousine companies, 
49 USC 114 note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
ridesharing companies, cleaning companies, gas station attendants, 
cargo operators, and general aviation members. 
SEC. 1933. AIRPORT WORKER ACCESS CONTROLS COST AND FEASI-
BILITY STUDY. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment 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 statis-
tically significant number of Category I, II, III, IV, and X airports. 
(b) ASSESSMENT.—To the extent practicable, in conducting the 
study, the Administrator shall assess the cost, operational efficiency, 
and security effectiveness of requiring all employees to present 
for inspection at every access point between non-secured areas 
and secured areas of airports, and of deploying some or all of 
the following screening measures and technologies: 
(1) A secure door utilizing card and pin entry or biometric 
technology. 
(2) Surveillance video recording capable of storing video 
data for at least 30 days. 
(3) Advanced screening technologies, including at least 1 
of the following: 
(A) Magnetometer (walk-through or hand-held). 
(B) Explosives detection canines. 
(C) Explosives trace detection swabbing. 
(D) Advanced imaging technology. 
(E) X-ray bag screening technology. 
(4) The TSA’s Advanced Threat Local Allocation Strategy 
(commonly known as ‘‘ATLAS’’). 
(c) CONTENTS.—To the extent practicable, the study under sub-
section (a) shall include the following: 
(1) Costs associated with establishing an operational min-
imum number of employee entry and exit points. 
(2) A comparison of estimated costs and security effective-
ness associated with implementing the security features speci-
fied in paragraphs (1), (2), (3), and (4) of subsection (b) based 
on information on the experiences from those category I, II, 
III, IV, and X airports that have already implemented or piloted 
enhanced employee inspection measures at access points 
between non-secured areas and secured areas of airports. 
(d) GAO REVIEW.—Not later than 90 days after the date of 
receipt of the study under subsection (a), the Comptroller General 
of the United States shall— 
(1) review the study to assess the quality and reliability 
of the study; and 
(2) submit to the appropriate committees of Congress a 
report on the results of the review under paragraph (1). 
SEC. 1934. SECURING AIRPORT WORKER ACCESS POINTS. 
(a) COOPERATIVE EFFORTS
TO ENHANCE AIRPORT SECURITY 
AWARENESS.—Not later than 180 days after the date of enactment 
of this Act, the Administrator shall consult with air carriers, foreign 
air carriers, airport operators, and labor unions representing 
credentialed 
employees 
to 
enhance 
security 
awareness 
of 
49 USC 44903 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
credentialed airport populations regarding insider threats to avia-
tion security and best practices related to airport access controls. 
(b) CREDENTIALING STANDARDS.—Not later than 180 days after 
the date of enactment of this Act, the Administrator, in consultation 
with air carriers, foreign air carriers, airport operators, and labor 
unions 
representing 
credentialed 
employees, 
shall 
assess 
credentialing 
standards, 
policies, 
and 
practices, 
including 
implementation of relevant credentialing updates required under 
the FAA Extension, Safety, and Security Act of 2016 (Public Law 
114–190; 130 Stat. 615), to ensure that insider threats to aviation 
security are adequately addressed. 
(c) SIDA APPLICATIONS.— 
(1) SOCIAL SECURITY NUMBERS REQUIRED.— 
(A) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Administrator shall 
revise the application submitted by an individual applying 
for a credential granting access to the Secure Identification 
Area of an airport to require the social security number 
of such individual in order to strengthen security vetting 
effectiveness. 
(B) FAILURE TO PROVIDE NUMBER.—An applicant who 
does not provide such applicant’s social security number 
may be denied such a credential. 
(2) SCREENING
NOTICE.—The Administrator shall issue 
requirements for an airport operator to include in each applica-
tion for access to a Security Identification Display Area notifica-
tion 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 Adminis-
trator shall consult with airport operators and airline operators 
to identify advanced technologies, including biometric identification 
technologies, that could be used for securing employee access to 
the secured areas and sterile areas of airports. 
(e) RAP BACK VETTING .—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall identify 
and submit to the appropriate committees of Congress the number 
of credentialed aviation worker populations at airports that are 
continuously vetted through the Federal Bureau of Investigation’s 
Rap Back Service, consistent with section 3405(b)(2) of the FAA 
Extension, Safety, and Security Act of 2016 (49 U.S.C. 44901 note). 
(f) INSIDER THREAT EDUCATION AND MITIGATION.—Not later 
than 180 days after the date of enactment of this Act, the Adminis-
trator shall identify means of enhancing the TSA’s ability to lever-
age 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 Exten-
sion, Safety, and Security Act of 2016 (Public Law 114–190; 130 
Stat. 615), the Administrator shall ensure that TSA-led, random 
employee physical inspection efforts of aviation workers are tar-
geted, strategic, and focused on providing the greatest level of 
security effectiveness. 
(h) COVERT TESTING.— 
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132 STAT. 3574 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 con-
duct their own employee inspections, as needed. 
(3) ANNUAL REPORTING.—The Administrator shall for each 
of fiscal years 2019 through 2021, submit to the appropriate 
committees of Congress a report on the frequency, methodology, 
strategy, and effectiveness of employee inspection operations 
at airports. 
(i) CENTRALIZED DATABASE.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Administrator, in consultation 
with ASAC, shall— 
(A) subject to paragraph (2), establish a national, cen-
tralized database of the names of each individual who— 
(i) has had an airport-issued badge revoked for 
failure to comply with aviation security requirements; 
or 
(ii) has had an aircraft operator-issued badge 
revoked for failure to comply with aviation security 
requirements; 
(B) determine the appropriate reporting mechanisms 
for air carriers, foreign air carriers, and airport operators— 
(i) to submit to the Administration data regarding 
an individual described in subparagraph (A); and 
(ii) to access the database; and 
(C) establish a process to allow an individual whose 
name is mistakenly entered into the database to correct 
the record and have the individual’s name expunged from 
the database. 
(2) LIMITATION.—The database shall not include the name 
of any individual whose badge has been revoked as a result 
of a termination or cessation of employment unrelated to— 
(A) a violation of a security requirement; or 
(B) a determination that the individual poses a threat 
to aviation security. 
SEC. 1935. LAW ENFORCEMENT OFFICER REIMBURSEMENT PROGRAM. 
(a) IN GENERAL.—In accordance with section 44903(c)(1) of 
title 49, United States Code, the Administrator shall increase the 
number of awards, and the total funding amount of each award, 
under the Law Enforcement Officer Reimbursement Program— 
(1) to increase the presence of law enforcement officers 
in the public areas of airports, including baggage claim, ticket 
counters, and nearby roads; 
49 USC 44903 
note. 
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132 STAT. 3575 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) to increase the presence of law enforcement officers 
at screening checkpoints; 
(3) to reduce the response times of law enforcement officers 
during security incidents; and 
(4) to provide visible deterrents to potential terrorists. 
(b) COOPERATION
BY ADMINISTRATOR.—In carrying out sub-
section (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 Enforce-
ment Officer Reimbursement Program and, if necessary, revise such 
regulations and policies to reduce any administrative burdens on 
applicants or recipients of such awards. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out section 44901(h) of title 49, United 
States Code, $55,000,000 for each of fiscal years 2019 through 
2021. 
SEC. 1936. AIRPORT PERIMETER AND ACCESS CONTROL SECURITY. 
(a) RISK ASSESSMENTS OF AIRPORT SECURITY.— 
(1) IN GENERAL.—The Administrator shall— 
(A) not later than 180 days after the date of enactment 
of this Act, update the Transportation Sector Security Risk 
Assessment (referred to in this section as the ‘‘TSSRA’’); 
and 
(B) not later than 90 days after the date the TSSRA 
is updated under subparagraph (A)— 
(i) update with the most currently available intel-
ligence information the Comprehensive Risk Assess-
ment of Perimeter and Access Control Security 
(referred to in this section as the ‘‘Risk Assessment 
of Airport Security’’); 
(ii) establish a regular schedule for periodic 
updates to the Risk Assessment of Airport Security; 
and 
(iii) conduct a system-wide assessment of airport 
access control points and airport perimeter security. 
(2) CONTENTS.—The security risk assessments required 
under paragraph (1)(B) shall— 
(A) include updates reflected in the TSSRA and Joint 
Vulnerability Assessment findings; 
(B) reflect changes to the risk environment relating 
to airport access control points and airport perimeters; 
(C) use security event data for specific analysis of 
system-wide trends related to airport access control points 
and airport perimeter security to better inform risk 
management decisions; and 
(D) consider the unique geography of and current best 
practices 
used 
by 
airports 
to 
mitigate 
potential 
vulnerabilities. 
(3) REPORT.—The Administrator shall report the results 
of the TSSRA and Risk Assessment of Airport Security under 
paragraph (1) to— 
(A) the appropriate committees of Congress; 
49 USC 44903 
note. 
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132 STAT. 3576 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Con-
trol 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 objec-
tives of the National Strategy; 
(iii) finalized outcome-based performance measures 
and performance levels for— 
(I) each activity described in clause (i); and 
(II) each objective described in clause (ii); and 
(iv) input from airport operators. 
(3) UPDATES.—Not later than 90 days after the date the 
update to the National Strategy is complete, the Administrator 
shall establish a regular schedule for determining if and when 
additional updates to the strategy under paragraph (1) are 
necessary. 
Subtitle D—Passenger and Cargo Security 
SEC. 1937. PRECHECK PROGRAM. 
(a) IN GENERAL.—Section 44919 is amended to read as follows: 
‘‘§ 44919. PreCheck Program 
‘‘(a) IN GENERAL.—The Administrator of the Transportation 
Security Administration shall continue to administer the PreCheck 
Program in accordance with section 109(a)(3) of the Aviation and 
Transportation Security Act (49 U.S.C. 114 note). 
‘‘(b) EXPANSION.—Not later than 180 days after the date of 
enactment of the TSA Modernization Act, the Administrator shall 
enter into an agreement, using other transaction authority under 
section 114(m) of this title, with at least 2 private sector entities 
to increase the methods and capabilities available for the public 
to enroll in the PreCheck Program. 
‘‘(c) MINIMUM CAPABILITY REQUIREMENTS.—At least 1 agree-
ment under subsection (b) shall include the following capabilities: 
‘‘(1) Start-to-finish secure online or mobile enrollment capa-
bility. 
‘‘(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-ter-
rorism technology under section 865 of the Homeland 
Security Act of 2002 (6 U.S.C. 444); and 
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132 STAT. 3577 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(iii) are determined by the Administrator to pro-
vide a risk assessment that is as effective as a finger-
print-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 disquali-
fying 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 assess-
ments. 
‘‘(d) ADDITIONAL CAPABILITY REQUIREMENTS.—At least 1 agree-
ment under subsection (b) shall include the following capabilities: 
‘‘(1) Start-to-finish secure online or mobile enrollment capa-
bility. 
‘‘(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 regula-
tions; 
‘‘(C) is evaluated and certified by the Secretary of 
Homeland Security; and 
‘‘(D) is determined by the Administrator to provide 
a risk assessment that is as effective as a fingerprint- 
based criminal history records check conducted through 
the Federal Bureau of Investigation with respect to identi-
fying individuals who are not qualified to participate in 
the PreCheck Program due to disqualifying criminal his-
tory. 
‘‘(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 trans-
action 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 Adminis-
trator shall— 
‘‘(1) coordinate with the heads of appropriate components 
of the Department to leverage Department-held data and tech-
nologies to verify the identity and citizenship of individuals 
enrolling in the PreCheck Program; 
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132 STAT. 3578 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 facili-
tate 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 Adminis-
trator 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 effi-
ciency. 
‘‘(i) ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR EXPE-
DITED SECURITY SCREENING.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), an individual 
specified in paragraph (2) is eligible for expedited security 
screening under the PreCheck Program. 
‘‘(2) INDIVIDUALS SPECIFIED.—An individual specified in this 
subsection is any of the following: 
‘‘(A) A member of the Armed Forces, including a 
member of a reserve component or the National Guard. 
‘‘(B) A cadet or midshipman of the United States Mili-
tary 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 Com-
mandant of the United States Coast Guard. 
‘‘(j) VETTING
FOR PRECHECK PROGRAM PARTICIPANTS.—The 
Administrator shall initiate an assessment to identify any security 
vulnerabilities in the vetting process for the PreCheck Program, 
including determining whether subjecting PreCheck Program 
participants to recurrent fingerprint-based criminal history records 
checks, in addition to recurrent checks against the terrorist 
watchlist, could be done in a cost-effective manner to strengthen 
the security of the PreCheck Program. 
‘‘(k) ASSURANCE OF SEPARATE PROGRAM.—In carrying out this 
section, the Administrator shall ensure that the additional private 
sector application capabilities under subsections (b), (c), and (d) 
are undertaken in addition to any other related TSA program, 
initiative, or procurement, including the Universal Enrollment Serv-
ices program. 
‘‘(l) EXPENDITURE OF FUNDS.—Any Federal funds expended by 
the Administrator to expand PreCheck Program enrollment shall 
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132 STAT. 3579 
PUBLIC LAW 115–254—OCT. 5, 2018 
be expended in a manner that includes the requirements of this 
section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REPEAL.—Subtitle A of title III of the FAA Extension, 
Safety, and Security Act of 2016 (49 U.S.C. 44901 note) and 
the items relating to that subtitle in the table of contents 
of that Act are repealed. 
(2) TABLE OF CONTENTS.—The table of contents of chapter 
449 is amended by amending the item relating to section 44919 
to read as follows: 
‘‘44919. PreCheck Program.’’. 
(3) 
SCREENING
PASSENGERS
AND
PROPERTY.—Section 
44901(a) is amended by striking ‘‘44919 or’’. 
SEC. 1938. PRECHECK EXPEDITED SCREENING. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall ensure that only 
a traveler who is a member of a trusted traveler program specified 
in subsection (b) is permitted to use a TSA PreCheck security 
screening lane at a passenger screening checkpoint. 
(b) TRUSTED TRAVELER PROGRAMS SPECIFIED.—A trusted trav-
eler program specified in this subsection is any of the following: 
(1) The PreCheck Program under section 44919 of title 
49, United States Code. 
(2) Any other program implemented by the TSA under 
section 109(a)(3) of the Aviation and Transportation Security 
Act (49 U.S.C. 114 note). 
(3) Any other United States Government program that 
issues a unique identifier, such as a known traveler number, 
that the TSA accepts as validating that the individual holding 
such identifier is a member of a known low-risk population. 
(c) EXEMPTIONS.—Nothing in this section shall affect— 
(1) the authority of the Administrator, under section 44927 
of title 49, United States Code, to carry out expedited screening 
for members of the Armed Forces with disabilities or severe 
injuries or veterans with disabilities or severe injuries; or 
(2) the Honor Flight program under section 44928 of that 
title. 
(d) LOW-RISK TRAVELERS.—Any traveler who is determined by 
the Administrator to be low risk based on the traveler’s age and 
who is not a member of a trusted traveler program specified in 
subsection (b) shall be permitted to utilize TSA PreCheck security 
screening lanes at Transportation Security Administration check-
points 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 seg-
ment 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). 
49 USC 44919 
note. 
49 USC 
prec. 44901. 
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132 STAT. 3580 
PUBLIC LAW 115–254—OCT. 5, 2018 
(3) DEFINITION
OF
LOW-RISK
PASSENGER.—In this sub-
section, the term ‘‘low-risk passenger’’ means a passenger who— 
(A) meets a risk-based, intelligence-driven criteria pre-
scribed 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 modi-
fied 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 prac-
ticable. 
(6) IMPLEMENTATION.—In determining whether deployment 
of the protocol at a TSA passenger screening checkpoint at 
an airport is practicable, the Administrator shall consider— 
(A) the level of risk at the airport; 
(B) the available space at the airport; 
(C) passenger throughput levels at the airport; 
(D) the checkpoint configuration at the airport; and 
(E) adequate resources to appropriately serve pas-
sengers in TSA PreCheck security screening lanes at the 
passenger screening checkpoint. 
(f) WORKING GROUP.— 
(1) IN
GENERAL.—In carrying out subsection (e), the 
Administrator shall establish a working group to advise the 
Administrator on the development of plans for the deployment 
of the protocol at TSA passenger screening checkpoints, other 
than designated TSA PreCheck security screening lanes, in 
the most effective and efficient manner practicable. 
(2) MEMBERS.—The working group shall be comprised of 
representatives of Category X, I, II, III, and IV airports and 
air carriers (as the term is defined in section 40102 of title 
49, United States Code). 
(3) NONAPPLICABILITY
OF
FACA.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the working 
group established under this subsection. 
(g) BRIEFINGS.— 
(1) IN GENERAL.—The Administrator shall brief, on a bian-
nual basis, the appropriate committees of Congress on the 
implementation of subsections (a) until the Administrator cer-
tifies 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 Adminis-
trator that only travelers who are members of a trusted traveler 
program specified in subsection (b) are permitted to use TSA 
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132 STAT. 3581 
PUBLIC LAW 115–254—OCT. 5, 2018 
PreCheck security screening lanes at checkpoints in accordance 
with subsection (a), the Administrator shall submit to the 
appropriate committees of Congress a written certification 
relating to such determination. 
(h) INSPECTOR GENERAL ASSESSMENTS.—The Inspector General 
of the Department shall assess and transmit to the appropriate 
committees of Congress the Administrator’s implementation under 
subsection (a). 
(i) EXPANSION OF TSA PRECHECK PROGRAM ENROLLMENT.— 
(1) LONG-TERM STRATEGY.—Not later than 180 days after 
the date of enactment of this Act, the Administrator shall 
develop and begin the implementation a long-term strategy 
to increase enrollment in the TSA PreCheck Program. 
(2) CONSIDERATIONS.—In developing the strategy under 
paragraph (1), the Administrator shall consider the following: 
(A) Partnering with air carriers (as the term is defined 
in section 40102 of title 49, United States Code) to incor-
porate 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/Sen-
sitive 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 facili-
tate in-person identity verification and application data 
collection, such as through biometrics. 
(D) Reducing travel time to PreCheck Program enroll-
ment 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 enroll-
ment activities for such credentials; and 
(iii) by increasing the availability of PreCheck Pro-
gram enrollment platforms, such as kiosks, tablets, 
or staffed laptop stations. 
(E) The feasibility of providing financial assistance or 
other incentives for PreCheck Program enrollment for— 
(i) children who are at least 12 years or older, 
but less than 18 years old; 
(ii) families consisting of 5 or more immediate 
family members; 
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132 STAT. 3582 
PUBLIC LAW 115–254—OCT. 5, 2018 
(iii) 
private 
sector 
entities, 
including 
small 
businesses, to establish PreCheck Program enrollment 
centers in their respective facilities; and 
(iv) private sector entities, including small busi-
ness 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 Pro-
gram; 
(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 bur-
dens, including applications for inclusion and determining 
whether a valid credential can satisfy the requirements 
for another credential; 
(B) to increase information and data sharing across 
such programs; and 
(C) to allow the public to access and link to the applica-
tions for enrollment in all of such programs from 1 online 
portal; 
(3) identify any law, including regulations, policy, or proce-
dure that may unnecessarily inhibit collaboration among 
Department of Homeland Security agencies regarding such pro-
grams or implementation of the improvements identified under 
paragraph (2); 
(4) recommend any legislative, administrative, or other 
actions that can be taken to eliminate any unnecessary barriers 
to collaboration or implementation identified in paragraph (3); 
and 
(5) submit to the appropriate committees of Congress a 
report on the review, including any unnecessary barriers to 
collaboration or implementation identified under paragraph (3), 
and any recommendations under paragraph (4). 
SEC. 1940. PASSENGER SECURITY FEE. 
Section 44940(c) is amended by adding at the end the following: 
‘‘(3) OFFSETTING COLLECTIONS.—Beginning on October 1, 
2027, fees collected under subsection (a)(1) for any fiscal year 
shall be credited as offsetting collections to appropriations made 
for aviation security measures carried out by the Transportation 
Security Administration, to remain available until expended.’’. 
SEC. 1941. THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY. 
Section 1307 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1116) is amended by adding 
at the end the following: 
‘‘(h) THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY.— 
‘‘(1) IN GENERAL.—In order to enhance the screening of 
air cargo and ensure that third party explosives detection 
canine assets are leveraged for such purpose, the Administrator 
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132 STAT. 3583 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 pri-
mary screening of air cargo; 
‘‘(B) develop a process to identify qualified non-Federal 
entities that will certify canine assets that meet the stand-
ards established by the Administrator under subparagraph 
(A); 
‘‘(C) ensure that entities qualified to certify canine 
assets shall be independent from entities that will train 
and provide canines to end users of such canine assets; 
‘‘(D) establish a system of Transportation Security 
Administration audits of the process developed under 
subparagraph (B); and 
‘‘(E) provide that canines certified for the primary 
screening of air cargo can be used by air carriers, foreign 
air carriers, freight forwarders, and shippers. 
‘‘(2) IMPLEMENTATION.—Beginning on the date that the 
development of the process under paragraph (1)(B) is complete, 
the Administrator shall— 
‘‘(A) facilitate the deployment of such assets that meet 
the certification standards of the Administration, as deter-
mined 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 certifi-
cation of canines, and for the use of supplied canines, 
are borne by private industry and not the Federal Govern-
ment. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) AIR
CARRIER.—The term ‘air carrier’ has the 
meaning given the term in section 40102 of title 49, United 
States Code. 
‘‘(B) FOREIGN AIR CARRIER.—The term ‘foreign air car-
rier’ 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 assess-
ment 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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132 STAT. 3584 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 indi-
vidual 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 Secu-
rity 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 enact-
ment of this Act, the Administrator shall— 
(1) review the Certified Cargo Screening Program, 
including— 
(A) consideration of the degree to which the Program 
is effective at fully addressing evolving threats to air cargo, 
particularly as air cargo volumes fluctuate; and 
(B) identification of any vulnerabilities in the Program 
and effectiveness of information sharing with air cargo 
security stakeholders; and 
(2) submit to the appropriate committees of Congress a 
report on the findings of the review under paragraph (1), 
including— 
(A) a description of the actions the Administrator has 
taken to improve the Program; and 
(B) a description of the actions the Administrator will 
take to address the findings of the review under paragraph 
(1), including any plans to issue new rulemaking, if nec-
essary. 
SEC. 1945. GAO REVIEW. 
Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall— 
(1) review the Department’s analysis and intelligence pre- 
screening processes and procedures for air cargo entering the 
United States; 
(2) review the pilot program conducted under section 1925; 
(3) assess the effectiveness of the Department’s risk-based 
strategy for examining air cargo and ensuring compliance with 
air cargo security law, including regulations; and 
49 USC 
prec. 44901. 
49 USC 44947 
note. 
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132 STAT. 3585 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) review the Department’s information sharing procedures 
and practices for disseminating information to relevant stake-
holders 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 pro-
gram’’; 
(2) by amending subsection (a) to read as follows: 
‘‘(a) IN GENERAL.—An airport operator may submit to the 
Administrator of the Transportation Security Administration an 
application to carry out the screening of passengers and property 
at the airport under section 44901 by personnel of a qualified 
private screening company pursuant to a contract entered into 
with the Transportation Security Administration.’’; 
(3) in subsection (b)— 
(A) by amending paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.—Not later than 60 days after the date 
of receipt of an application submitted by an airport operator 
under subsection (a), the Administrator shall approve or deny 
the application.’’; and 
(B) in paragraphs (2) and (3), by striking ‘‘Under Sec-
retary’’ 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 oper-
ator with a list of qualified private screening compa-
nies.’’; and 
(ii) by inserting before subparagraphs (A) and (B) 
the following: 
‘‘(2) CONTRACTS.—The Administrator shall, to the extent 
practicable, enter into a contract with a private screening com-
pany from the list provided under paragraph (1) for the provi-
sion 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 
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132 STAT. 3586 
PUBLIC LAW 115–254—OCT. 5, 2018 
to the Federal Government to provide screening services 
at the airport.’’; and 
(E) in paragraph (3), as redesignated— 
(i) by striking ‘‘paragraph (1)(B)’’ and inserting 
‘‘paragraph (2)(B)’’; and 
(ii) by striking ‘‘Under Secretary’’ each place it 
appears and inserting ‘‘Administrator’’; 
(5) in subsection (e)— 
(A) in the heading, by striking ‘‘SCREENED’’ and 
inserting ‘‘SCREENING’’; 
(B) by striking the period at the end and inserting 
‘‘; and’’; 
(C) by striking ‘‘The Under Secretary shall’’ and 
inserting ‘‘The Administrator shall—’’; 
(D) by inserting ‘‘(1)’’ before ‘‘provide Federal Govern-
ment’’ and indenting appropriately; and 
(E) by adding at the end the following: 
‘‘(2) undertake covert testing and remedial training support 
for employees of private screening companies providing 
screening at airports.’’; 
(6) in subsection (f)— 
(A) in the heading, by inserting ‘‘OR SUSPENSION’’ after 
‘‘TERMINATION’’; 
(B) by striking ‘‘terminate’’ and inserting ‘‘suspend or 
terminate, as appropriate,’’; and 
(C) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator’’; and 
(7) by striking subsection (h) and inserting the following: 
‘‘(h) EVALUATION
OF SCREENING COMPANY PROPOSALS
FOR 
AWARD.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
notwithstanding any other provision of law, including title 48 
of the Code of Federal Regulations and the Federal Advisory 
Committee Act (5 U.S.C. App.), an airport operator that has 
applied and been approved to have security screening services 
carried out by a qualified private screening company under 
contract with the Administrator may nominate to the head 
of the contracting activity an individual to participate in the 
evaluation of proposals for the award of such contract. 
‘‘(2) PARTICIPATION
ON
A
PROPOSAL
EVALUATION
COM-
MITTEE.—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 tech-
nologies. Upon receipt of any such recommendations, the Adminis-
trator shall review and, if appropriate, test, conduct a pilot project, 
and, if appropriate, deploy such approaches and technologies.’’. 
(b) FEASIBILITY ASSESSMENT.— 
(1) IN GENERAL.—The Administrator, in consultation with 
airport operators and airlines, shall submit to the appropriate 
committees of Congress an assessment of the feasibility of 
modifying the Screening Partnership Program to allow an indi-
vidual airport terminal to participate in the Screening Partner-
ship Program. 
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132 STAT. 3587 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 reten-
tion. 
(c) APPLICATIONS SUBMITTED BEFORE
THE DATE
OF ENACT-
MENT.—Not later than 30 days after the date of enactment of 
this Act, the Administrator shall approve or deny, in accordance 
with section 44920(b) of title 49, United States Code, as amended 
by this Act, each application submitted before the date of enactment 
of this Act, by an airport operator under subsection (a) of that 
section, that is awaiting such a determination. 
SEC. 1947. SCREENING PERFORMANCE ASSESSMENTS. 
Subject to part 1520 of title 49, Code of Federal Regulations, 
the Administrator shall quarterly make available to the airport 
director of an airport— 
(1) an assessment of the screening performance of that 
airport compared to the mean average performance of all air-
ports in the equivalent airport category for screening perform-
ance 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 perform-
ance, such as results of annual proficiency reviews and 
covert testing, at the appropriate level of classification; 
and 
(B) other performance data, including— 
(i) passenger throughput; 
(ii) wait times; and 
(iii) employee attrition, absenteeism, injury rates, 
and any other human capital measures collected by 
the TSA. 
SEC. 1948. TRANSPORTATION SECURITY TRAINING PROGRAMS. 
(a) IN GENERAL.—Section 44935 is amended— 
(1) by striking ‘‘(i) ACCESSIBILITY
OF COMPUTER-BASED 
TRAINING FACILITIES.—’’ and inserting ‘‘(k) ACCESSIBILITY OF 
COMPUTER-BASED TRAINING FACILITIES.—’’; and 
(2) by adding at the end the following: 
‘‘(l) INITIAL AND RECURRING TRAINING.— 
‘‘(1) IN
GENERAL.—The Administrator shall establish a 
training program for new security screening personnel located 
at the Transportation Security Administration Academy. 
‘‘(2) RECURRING TRAINING.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of the TSA Modernization Act, the 
Administrator shall establish recurring training for security 
screening personnel regarding updates to screening proce-
dures and technologies, including, in response to weak-
nesses identified in covert tests at airports— 
‘‘(i) methods to identify the verification of false 
or fraudulent travel documents; and 
‘‘(ii) training on emerging threats. 
49 USC 44901 
note. 
49 USC 44920 
note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(B) CONTENTS.—The training under subparagraph (A) 
shall include— 
‘‘(i) internal controls for monitoring and docu-
menting compliance of transportation security officers 
with such training requirements; and 
‘‘(ii) such other matters as identified by the 
Administrator with regard to such training.’’. 
(b) GAO STUDY.—Not later than 1 year after the date of enact-
ment 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 rec-
ommendations. 
SEC. 1949. TRAVELER REDRESS IMPROVEMENT. 
(a) REDRESS PROCESS.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of enactment of this Act, the Administrator, using existing 
resources, systems, and processes, shall ensure the availability 
of the Department of Homeland Security Traveler Redress 
Inquiry Program (referred to in this section as ‘‘DHS TRIP’’) 
redress process to adjudicate an inquiry for an individual who— 
(A) is a citizen of the United States or alien lawfully 
admitted for permanent residence; 
(B) has filed the inquiry with DHS TRIP after receiving 
enhanced screening at an airport passenger security check-
point 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 appro-
priate 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 oper-
ation of such programs. 
(2) PUBLIC
DISSEMINATION; 
FORM.—The Administrator 
shall— 
(A) publish the Secure Flight Privacy Impact Assess-
ment review and update required under paragraph (1) on 
a publicly-accessible internet webpage of the TSA; and 
(B) submit the Secure Flight Privacy Impact Assess-
ment review and update to the appropriate committees 
of Congress. 
(c) RULE REVIEW AND NOTIFICATION PROCESS.— 
(1) RULE REVIEW.—Not later than 60 days after the date 
of enactment of this Act, and every 120 days thereafter, the 
Assistant Administrator of the Office of Intelligence and Anal-
ysis 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. 
49 USC 44903 
note. 
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132 STAT. 3589 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Intel-
ligence and Analysis of the TSA shall notify the entities speci-
fied in paragraph (3) of the change. 
(3) ENTITIES SPECIFIED.—The entities specified in this para-
graph are as follows: 
(A) The Office of Civil Rights and Liberties, Ombuds-
man, and Traveler Engagement of the TSA. 
(B) The Office of Civil Rights and Liberties of the 
Department. 
(C) The Office of Chief Counsel of the TSA. 
(D) The Office of General Counsel of the Department. 
(E) The Privacy Office of the Administration. 
(F) The Privacy Office of the Department. 
(G) The Federal Air Marshal Service. 
(H) The Traveler Redress Inquiry Program of the 
Department. 
(d) FEDERAL AIR MARSHAL SERVICE COORDINATION.— 
(1) IN GENERAL.—The Administrator shall ensure that the 
rules identified in subsection (c) are taken into account for 
Federal Air Marshal mission scheduling. 
(2) REPORT.—Not later than 180 days after the date of 
enactment of this Act, the Administrator shall submit to the 
appropriate committees of Congress a report on whether, and 
if so how, the rules identified in subsection (c) are incorporated 
in the risk analysis conducted during the Federal Air Marshal 
mission scheduling process. 
(e) GAO REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall— 
(1) study the rules identified under subsection (c)(1), 
including— 
(A) whether the rules are effective in mitigating poten-
tial threats to aviation security; and 
(B) whether, and if so how, the TSA coordinates with 
the Department regarding any proposed change to a rule; 
and 
(2) submit to the appropriate committees of Congress a 
report on the findings under paragraph (1), including any rec-
ommendations. 
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 organiza-
tions, shall revise the training requirements for Transportation 
Security Officers related to the screening of passengers with 
disabilities, including passengers with disabilities who partici-
pate 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— 
49 USC 44901 
note. 
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132 STAT. 3590 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) traveling with a medical device, including an 
indwelling medical device; 
(B) traveling with a prosthetic; 
(C) traveling with a wheelchair, walker, scooter, or 
other mobility device; 
(D) traveling with a service animal; or 
(E) with sensitivities to touch, pressure, sound, or 
hypersensitivity to stimuli in the environment. 
(3) TRAINING FREQUENCY.—The Administrator shall imple-
ment 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 accom-
modations 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 check-
point. 
(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 check-
point experiences of passengers with disabilities, including the fol-
lowing: 
(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 pas-
sengers with disabilities, including disabled passengers who 
participate in the PreCheck program. 
SEC. 1951. AIR CARGO ADVANCE SCREENING PROGRAM. 
(a) IN GENERAL.—The Commissioner of U.S. Customs and 
Border Protection and the Administrator, consistent with the 
requirements of the Trade Act of 2002 (Public Law 107–210) shall— 
(1) establish an air cargo advance screening program 
(referred to in this section as the ‘‘ACAS Program’’) for the 
collection of advance electronic information from air carriers 
and other persons within the supply chain regarding cargo 
being transported to the United States by air; 
(2) under such program, require that such information 
be transmitted by such air carriers and other persons at the 
earliest point practicable prior to loading of such cargo onto 
an aircraft destined to or transiting through the United States; 
49 USC 44901 
note. 
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132 STAT. 3591 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 fur-
nished in compliance with the ACAS Program could be used 
by the Administrator. 
(b) INSPECTION OF HIGH-RISK CARGO.—Under the ACAS Pro-
gram, the Commissioner of U.S. Customs and Border Protection 
and the Administrator shall ensure that all cargo that has been 
identified as high-risk is inspected— 
(1) prior to the loading of such cargo onto aircraft at the 
last point of departure; or 
(2) at an earlier point in the supply chain, before departing 
for the United States. 
(c) CONSULTATION.—In carrying out the ACAS Program, the 
Commissioner of U.S. Customs and Border Protection and the 
Administrator shall consult with relevant stakeholders, as appro-
priate, 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 signifi-
cant 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 Secu-
rity’s automated targeting system and integrate such information 
with other intelligence to enhance the accuracy of the risk assess-
ment process under the ACAS Program. 
(e) NO DUPLICATION.—The Commissioner of U.S. Customs and 
Border Protection and the Administrator shall carry out this section 
in a manner that, after the ACAS Program is fully in effect, ensures, 
to the greatest extent practicable, that the ACAS Program does 
not duplicate other Department programs or requirements relating 
to the submission of air cargo data or the inspection of high- 
risk cargo. 
(f) CONSIDERATION OF INDUSTRY.—In carrying out the ACAS 
Program, the Commissioner of U.S. Customs and Border Protection 
and the Administrator shall— 
(1) consider the content and timeliness of the available 
data may vary among entities in the air cargo industry and 
among countries; 
(2) explore procedures to accommodate the variations 
described in paragraph (1) while maximizing the contribution 
of such data to the risk assessment process under the ACAS 
Program; 
(3) test the business processes, technologies, and oper-
ational 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 
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132 STAT. 3592 
PUBLIC LAW 115–254—OCT. 5, 2018 
(4) consider the cost, benefit, and feasibility before estab-
lishing 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 partici-
pants in the ACAS Program regarding the requirements for partici-
pation, including requirements for transmitting shipment level data. 
(h) USE OF DATA.—The Commissioner of U.S. Customs and 
Border Protection and the Administrator shall use the data provided 
under the ACAS Program for targeting shipments for screening 
and aviation security purposes only. 
(i) FINAL RULE.—Not later than 180 days after the date of 
enactment of this Act, the Commissioner of U.S. Customs and 
Border Protection, in coordination with the Administrator, shall 
issue a final regulation to implement the ACAS Program to include 
the electronic transmission to U.S. Customs and Border Protection 
of data elements for targeting cargo, including appropriate security 
elements of shipment level data. 
(j) REPORT.—Not later than 180 days after the date of the 
commencement of the ACAS Program, the Commissioner of U.S. 
Customs and Border Protection and the Administrator shall submit 
to the appropriate committees of Congress a report detailing the 
operational implementation of providing advance information under 
the ACAS Program and the value of such information in targeting 
cargo. 
SEC. 1952. GENERAL AVIATION AIRPORTS. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Securing 
General Aviation and Charter Air Carrier Service Act’’. 
(b) ADVANCED PASSENGER PRESCREENING SYSTEM.—Not later 
than 120 days after the date of enactment of this Act, the Adminis-
trator 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 deploy-
ment of the system. 
(c) SCREENING SERVICES OTHER THAN IN PRIMARY PASSENGER 
TERMINALS.— 
(1) IN
GENERAL.—Subject to the provisions of this sub-
section, the Administrator may provide screening services to 
a charter air carrier in an area other than the primary pas-
senger terminal of an applicable airport. 
(2) REQUESTS.—A request for screening services under 
paragraph (1) shall be made at such time, in such form, and 
in such manner as the Administrator may require, except that 
the request shall be made to the Federal Security Director 
for the applicable airport at which the screening services are 
requested. 
(3) AVAILABILITY.—A Federal Security Director may provide 
requested screening services under this section if the Federal 
49 USC 44903 
note. 
Securing General 
Aviation and 
Charter Air 
Carrier Service 
Act. 
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132 STAT. 3593 
PUBLIC LAW 115–254—OCT. 5, 2018 
Security Director determines such screening services are avail-
able. 
(4) AGREEMENTS.— 
(A) LIMITATION.—No screening services may be pro-
vided 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 subpara-
graph (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 air-
port’’ means an airport that— 
(i) is not a commercial service airport; and 
(ii) is receiving screening services for scheduled 
passenger aircraft. 
(B) CHARTER AIR CARRIER.—The term ‘‘charter air car-
rier’’ has the meaning given the term in section 40102 
of title 49, United States Code. 
(C) SCREENING SERVICES.—The term ‘‘screening serv-
ices’’ 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 enact-
ment of this Act, the Administrator, in consultation with the ASAC, 
shall, consistent with the requirements of paragraphs (6) and (7) 
of section 44946(b) of title 49, United States Code, submit to the 
appropriate Committees of Congress an implementation plan, 
including an implementation schedule, for any of the following 
recommendations that were adopted by the ASAC and with which 
the Administrator has concurred before the date of the enactment 
of this Act: 
(1) The recommendation regarding general aviation access 
to Ronald Reagan Washington National Airport, as adopted 
on February 17, 2015. 
(2) The recommendation regarding the vetting of persons 
seeking flight training in the United States, as adopted on 
July 28, 2016. 
(3) Any other such recommendations relevant to the secu-
rity 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. 
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132 STAT. 3594 
PUBLIC LAW 115–254—OCT. 5, 2018 
Subtitle E—Foreign Airport Security 
SEC. 1953. LAST POINT OF DEPARTURE AIRPORTS; SECURITY DIREC-
TIVES. 
(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 depar-
ture: 
(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 Avia-
tion 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 Adminis-
trator 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 avia-
tion security at last point of departure airports and submit 
to the appropriate committees of Congress and the Adminis-
trator a report on the findings and recommendations. 
(2) CONTENTS.—In conducting the review under paragraph 
(1), the Comptroller General shall— 
(A) review current security directives, emergency 
amendments, and any other policies related to international 
aviation security at last point of departure airports; 
(B) review the extent of intra-agency and interagency 
coordination, stakeholder outreach, coordination, and feed-
back; 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 re-
screen 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. 
49 USC 44907 
note. 
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132 STAT. 3595 
PUBLIC LAW 115–254—OCT. 5, 2018 
(e) DECISIONS NOT SUBJECT TO JUDICIAL REVIEW.—Notwith-
standing any other provision of law, any decision of the Adminis-
trator 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; 
‘‘(2) ensure that no TSA-specific security standards or algo-
rithms 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 equip-
ment 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 Adminis-
trator 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 Home-
land Security of the House of Representatives a detailed written 
explanation of the following: 
‘‘(1) The specific vulnerability to the United States or 
United States citizens that will be mitigated by such donation. 
‘‘(2) An explanation as to why the recipient of such donation 
is unable or unwilling to purchase security screening equipment 
to mitigate such vulnerability. 
‘‘(3) An evacuation plan for sensitive technologies in case 
of emergency or instability in the country to which such dona-
tion is being made. 
‘‘(4) How the Administrator will ensure the security 
screening equipment that is being donated is used and main-
tained 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 
49 USC 44929. 
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132 STAT. 3596 
PUBLIC LAW 115–254—OCT. 5, 2018 
recipient to ensure the screening equipment does not come 
into the possession of terrorists or otherwise pose a risk to 
security.’’; and 
(2) in the table of contents, by inserting after the item 
relating to section 44928 the following: 
‘‘44929. Donation of screening equipment to protect the United States.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 3204 
of the Aviation Security Act of 2016 (49 U.S.C. 44901 note) and 
the item relating to that section in the table of contents of that 
Act are repealed. 
(c) RAISING INTERNATIONAL STANDARDS.—Not later than 90 
days after the date of enactment of this Act, the Administrator 
shall collaborate with other aviation authorities and the United 
States Ambassador or the Charge d’Affaires to the United States 
Mission to the International Civil Aviation Organization, as 
applicable, to advance a global standard for each international 
airport to document and track the removal and disposal of any 
security screening equipment to ensure the screening equipment 
does not come into the possession of terrorists or otherwise pose 
a risk to security. 
SEC. 1956. INTERNATIONAL SECURITY STANDARDS. 
(a) GLOBAL AVIATION SECURITY REVIEW.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Administrator, in coordination 
with the Commissioner of the U.S. Customs and Border Protec-
tion, the Director of the Office of International Engagement 
of the Department of Homeland Security, and the Secretary 
of State, shall conduct a global aviation security review to 
improve aviation security standards, including standards 
intended to mitigate cybersecurity threats, across the global 
aviation system. 
(2) BEST PRACTICES.—The global aviation security review 
shall establish best practices regarding the following: 
(A) Collaborating with foreign partners to improve 
global aviation security capabilities and standards. 
(B) Identifying foreign partners that— 
(i) have not successfully implemented security 
protocols 
from 
the 
International 
Civil 
Aviation 
Organization or the Department of Homeland Security; 
and 
(ii) have not taken steps to implement such secu-
rity 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 
49 USC 44901 
note. 
49 USC 44901 
note. 
49 USC 
prec. 44901. 
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132 STAT. 3597 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 Avia-
tion Organization as the Administrator and Ambassador consider 
necessary to advance aviation security improvement proposals, 
including if practicable, introducing a resolution to raise minimum 
standards for aviation security. 
(d) BRIEFINGS TO CONGRESS.—Beginning not later than 180 
days after the date of enactment of this Act, and periodically there-
after, 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 Rela-
tions of the Senate, and the Committee on Homeland Security 
and the Committee on Foreign Affairs of the House of Representa-
tives on the implementation of subsections (a) and (b). 
SEC. 1957. AVIATION SECURITY IN CUBA. 
(a) SECURITY OF PUBLIC CHARTER OPERATIONS.—The Adminis-
trator of the Transportation Security Administration, in coordina-
tion 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 Secu-
rity Administration; and 
(2) develop and implement a mechanism that corroborates 
and validates flight schedule data to more reliably track the 
public charter operations of air carriers between the United 
States and Cuba. 
(b) BRIEFING ON SECURITY AT AIRPORTS IN CUBA.—The Adminis-
trator shall provide to Congress (including the Committee on Home-
land Security of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate) a con-
fidential briefing on the following aspects of security measures 
at airports in Cuba that have air service to the United States: 
(1) Details about the type of equipment used at screening 
checkpoints and an analysis of the capabilities and weaknesses 
of that equipment. 
(2) Information about each such airport’s canine screening 
program, if used. 
(3) The frequency of training for screening and security 
personnel. 
(4) Access controls in place to ensure only credentialed 
personnel have access to the secure and sterile areas of such 
airports. 
(5) An assessment of the ability of known or suspected 
terrorists to use Cuba as a gateway to entering the United 
States. 
(6) Security of such airports’ perimeters. 
(7) The vetting practices and procedures for airport 
employees. 
(8) Any other information the Administrator considers rel-
evant to the security practices, procedures, and equipment in 
place at such airports. 
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132 STAT. 3598 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 con-
trolled 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 neces-
sitated by an emergency situation; 
(C) a determination regarding whether additional secu-
rity measures should be imposed on flights to the United 
States that originate from that airport; and 
(D) an explanation of the rationale for that determina-
tion. 
(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 nego-
tiations 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 para-
graph (3), not later than 180 days after the date of enactment 
of this Act, all agreements between the United States and 
foreign governments or partners regarding the presence of Fed-
eral 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 Adminis-
trator determines that— 
(A) such mission is necessary for aviation security; 
and 
(B) the requirements of paragraph (4)(B) are met. 
49 USC 44917 
note. 
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132 STAT. 3599 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 enact-
ment of this Act, a list of each foreign government 
or partner that does not have a written agreement 
under this section, including an explanation for why 
no written agreement exists and a justification for 
the determination that such a mission is necessary 
for aviation security; and 
(ii) not later than 30 days after the date that 
the Administrator makes a determination to schedule 
Federal air marshal service on flights operating to 
a foreign country with which no written agreement 
is in effect under paragraph (3), the name of the 
applicable foreign government or partner, an expla-
nation 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 cur-
rent risk modeling. 
(c) IMPROVING FEDERAL AIR MARSHAL SERVICE DEPLOYMENTS.— 
(1) AFTER-ACTION
REPORTS.—The Administrator shall 
strengthen internal controls to ensure that all after-action 
reports on Federal air marshal service special mission coverage 
provided to stakeholders include documentation of supervisory 
review and approval, and mandatory narratives. 
(2) STUDY.—The Administrator shall contract with an inde-
pendent entity to conduct a validation and verification study 
of the risk analysis and risk-based determinations guiding Fed-
eral air marshal service deployment, including the use of risk- 
based strategies under subsection (d). 
(3) COST-BENEFIT ANALYSIS.—The Administrator shall con-
duct a cost-benefit analysis regarding mitigation of aviation 
security threats through Federal air marshal service deploy-
ment. 
(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 intel-
ligence. 
(5) LONG DISTANCE FLIGHTS.—Section 44917 is amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsections (c) through (d) as 
subsections (b) through (c), respectively. 
(d) USE OF RISK-BASED STRATEGIES.— 
(1) IN GENERAL.—Section 44917(a) is amended— 
(A) in paragraph (7), by striking ‘‘and’’ after the semi-
colon at the end; 
49 USC 44917 
note. 
49 USC 44917 
note. 
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132 STAT. 3600 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 inter-
national 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 uti-
lize a risk-based strategy to support domestic allocation 
decisions; 
‘‘(11) shall require the Federal Air Marshal Service to uti-
lize 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 appro-
priate committees of Congress on the Federal Air Marshal 
Service’s compliance with the requirements under paragraphs 
(9) through (12) of section 44917(a) of title 49, United States 
Code, as added by this Act, and the documented methodology 
used by the Federal Air Marshal Service to conduct risk assess-
ments in accordance with such paragraphs. 
(3) IMPLEMENTATION DEADLINE.—Not later than 180 days 
after the date of enactment of this Act, the Administrator 
shall begin implementing the requirements under paragraphs 
(9) through (12) of section 44917(a), United States Code, as 
added by this Act. 
SEC. 1960. CREW MEMBER SELF-DEFENSE TRAINING. 
The Administrator, in consultation with the Administrator of 
the Federal Aviation Administration, shall continue to carry out 
and encourage increased participation by air carrier employees in 
the voluntary self-defense training program under section 44918(b) 
of title 49, United States Code. 
SEC. 1961. FLIGHT DECK SAFETY AND SECURITY. 
(a) THREAT ASSESSMENT.—Not later than 90 days after the 
date of enactment of this Act, the Administrator, in consultation 
with the Administrator of the Federal Aviation Administration, 
shall complete a detailed threat assessment to identify any safety 
or security risks associated with unauthorized access to the flight 
decks on commercial aircraft and any appropriate measures that 
should be taken based on the risks. 
(b) RTCA REPORT.—The Administrator, in coordination with 
the Administrator of the Federal Aviation Administration, shall 
disseminate RTCA Document (DO–329) Aircraft Secondary Barriers 
and Alternative Flight Deck Security Procedure to aviation stake-
holders, including air carriers and flight crew, to convey effective 
methods and best practices to protect the flight deck. 
49 USC 44921 
note. 
49 USC 44918 
note. 
49 USC 44917 
note. 
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132 STAT. 3601 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 nec-
essary, 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 prohib-
ited 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 effi-
ciency; and 
(C) whether the amendment is consistent with inter-
national standards and guidance, including of the Inter-
national 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 IMPROVE-
MENTS. 
(a) IMPROVED
ACCESS
TO
TRAINING
FACILITIES.—Section 
44921(c)(2)(C)(ii) is amended— 
(1) by striking ‘‘The training of’’ and inserting the following: 
‘‘(I) IN GENERAL.—The training of’’; 
(2) in subclause (I), as designated, by striking ‘‘approved 
by the Under Secretary’’; and 
(3) by adding at the end the following: 
‘‘(II) ACCESS
TO
TRAINING
FACILITIES.—The 
Administrator shall designate additional firearms 
training facilities located in various regions of the 
United States for Federal flight deck officers for 
recurrent and requalifying training relative to the 
number of such facilities available on the day 
before such date of enactment.’’. 
(b) FIREARMS
REQUALIFICATION.—Section 44921(c)(2)(C) is 
amended— 
(1) in clause (iii)— 
(A) by striking ‘‘The Under Secretary shall’’ and 
inserting the following: 
‘‘(I) IN
GENERAL.—The Administrator shall’’; 
49 USC 44901 
note. 
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132 STAT. 3602 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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
REQUALIFICA-
TION.—The Administrator shall allow a Federal 
flight deck officer to requalify to carry a firearm 
under the program through training at a Transpor-
tation Security Administration-approved firearms 
training facility utilizing a Transportation Security 
Administration-approved contractor and a cur-
riculum developed and approved by the Transpor-
tation Security Administration.’’; and 
(2) by adding at the end the following: 
‘‘(iv) PERIODIC REVIEW.—The Administrator shall 
periodically review requalification training intervals 
and assess whether it is appropriate and sufficient 
to adjust the time between each requalification training 
to facilitate continued participation in the program 
under this section while still maintaining effectiveness 
of the training, and update the training requirements 
as appropriate.’’. 
(c) TRAINING
REVIEW.—Section 44921(c)(2) is amended by 
adding at the end the following: 
‘‘(D) TRAINING REVIEW.—Not later than 2 years after 
the date of enactment of the TSA Modernization Act, and 
biennially thereafter, the Administrator shall review 
training facilities and training requirements for initial and 
recurrent training for Federal flight deck officers and 
evaluate how training requirements, including the length 
of training, could be streamlined while maintaining the 
effectiveness of the training, and update the training 
requirements as appropriate.’’. 
(d) OTHER
MEASURES
TO
FACILITATE
TRAINING.—Section 
44921(e) is amended— 
(1) by striking ‘‘Pilots participating’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Pilots participating’’; and 
(2) by adding at the end the following: 
‘‘(2) FACILITATION OF TRAINING.—An air carrier shall permit 
a pilot seeking to be deputized as a Federal flight deck officer 
or a Federal flight deck officer to take a reasonable amount 
of leave to participate in initial, recurrent, or requalification 
training, as applicable, for the program. Leave required under 
this paragraph may be provided without compensation.’’. 
(e) 
INTERNATIONAL
HARMONIZATION.—Section 
44921(f) 
is 
amended— 
(1) in paragraphs (1) and (3), by striking ‘‘Under Secretary’’ 
and inserting ‘‘Administrator’’; and 
(2) by adding at the end the following: 
‘‘(4) CONSISTENCY WITH FEDERAL AIR MARSHAL PROGRAM.— 
The Administrator shall harmonize, to the extent practicable 
and in a manner that does not jeopardize existing Federal 
air marshal agreements, the policies relating to the carriage 
of firearms on international flights by Federal flight deck offi-
cers with the policies of the Federal air marshal program for 
carrying firearms on such flights and carrying out the duties 
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132 STAT. 3603 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 Sec-
retary’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 Fed-
eral flight deck officer that are inconsistent with or more 
stringent than the requirements of the Federal Aviation 
Administration for the issuance of the required airman 
medical certificate under part 67 of title 14, Code of Federal 
Regulations (or any corresponding similar regulation or 
ruling).’’. 
(g) TRANSFER
OF STATUS.—Section 44921(d) is amended by 
adding at the end the following: 
‘‘(5) TRANSFER
FROM
INACTIVE
TO
ACTIVE
STATUS.—In 
accordance with any applicable Transportation Security 
Administration appeals processes, a pilot deputized as a Federal 
flight deck officer who moves to inactive status may return 
to active status upon successful completion of a recurrent 
training program administered within program guidelines.’’. 
(h) TECHNICAL CORRECTIONS.—Section 44921, as amended by 
this section, is further amended— 
(1) in subsection (a), by striking ‘‘Under Secretary of 
Transportation for Security’’ and inserting ‘‘Administrator’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘Not later than 3 
months after the date of enactment of this section, the 
Under Secretary’’ and inserting ‘‘The Administrator’’; 
(B) in paragraph (2), by striking ‘‘Beginning 3 months 
after the date of enactment of this section, the Under 
Secretary shall begin the process of training and depu-
tizing’’ 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: 
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132 STAT. 3604 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Transportation Security Administration. 
‘‘(2) AIR TRANSPORTATION.—The term ‘air transportation’ 
includes all-cargo air transportation. 
‘‘(3) FIREARMS
TRAINING
FACILITY.—The term ‘firearms 
training facility’ means a private or government-owned gun 
range approved by the Administrator to provide recurrent or 
requalification training, as applicable, for the program, utilizing 
a Transportation Security Administration-approved contractor 
and a curriculum developed and approved by the Transportation 
Security Administration. 
‘‘(4) PILOT.—The term ‘pilot’ means an individual who has 
final authority and responsibility for the operation and safety 
of the flight or any other flight deck crew member.’’; and 
(7) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator’’. 
(i) SENSITIVE SECURITY INFORMATION.—Not later than 180 days 
after the date of enactment of this Act— 
(1) the Secretary of Transportation shall revise section 
15.5(b)(11) of title 49, Code of Federal Regulations, to classify 
information about pilots deputized as Federal flight deck offi-
cers under section 44921 of title 49, United States Code, as 
sensitive security information in a manner consistent with the 
classification of information about Federal air marshals; and 
(2) the Administrator shall revise section 1520.5(b)(11) of 
title 49, Code of Federal Regulations, to classify information 
about pilots deputized as Federal flight deck officers under 
section 44921 of title 49, United States Code, as sensitive 
security information in a manner consistent with the classifica-
tion 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 regu-
lations 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 assess-
ment under paragraph (1), the Administrator shall, at a min-
imum— 
(A) consider appropriate intelligence; 
(B) consider security breaches and attacks at domestic 
and international surface transportation facilities; 
(C) consider the vulnerabilities and risks associated 
with specific modes of surface transportation; 
(D) evaluate the vetting and security training of— 
(i) employees in surface transportation; and 
49 USC 114 note. 
49 USC 44921 
note. 
49 USC 44921 
note. 
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132 STAT. 3605 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 enti-
ties; 
(iii) the Transportation Systems Sector Coordi-
nating Council; and 
(iv) the heads of other relevant Federal depart-
ments or agencies. 
(b) 
RISK-BASED
SURFACE
TRANSPORTATION
SECURITY 
STRATEGY.— 
(1) IN GENERAL.—Not later than 180 days after the date 
the security assessment under subsection (a) is complete, the 
Administrator shall use the results of the assessment— 
(A) to develop and implement a cross-cutting, risk- 
based 
surface 
transportation 
security 
strategy 
that 
includes— 
(i) all surface transportation modes; 
(ii) a mitigating strategy that aligns with each 
vulnerability and risk identified in subsection (a); 
(iii) a planning process to inform resource alloca-
tion; 
(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 intel-
ligence threat information with appropriate stake-
holders; 
(B) to develop a management oversight strategy that— 
(i) identifies the parties responsible for the 
implementation, management, and oversight of the 
risk-based surface transportation security strategy; and 
(ii) includes a plan for implementing the risk-based 
surface transportation security strategy; and 
(C) to modify the risk-based budget and resource alloca-
tions, in accordance with section 1965(c), for the Transpor-
tation Security Administration. 
(2) COORDINATED
APPROACH.—In developing and imple-
menting 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 secu-
rity 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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132 STAT. 3606 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 coordi-
nated approach to mitigating vulnerabilities and risks 
to surface transportation systems; and 
(iv) any recommended changes to the National 
Infrastructure Protection Plan, the modal annexes to 
such plan, or relevant surface transportation security 
programs, policies, or initiatives; and 
(F) may contain a classified annex. 
(2) PROTECTIONS.—In preparing the report, the Adminis-
trator 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 transpor-
tation 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 Depart-
ment’s annual budget request to the Office of Management and 
Budget, the Administrator shall submit to the appropriate commit-
tees of Congress a report that describes a risk-based budget and 
resource allocation plan for surface transportation sectors, within 
and across modes, that— 
(1) reflects the risk-based surface transportation security 
strategy under section 1964(b); and 
(2) is organized by appropriations account, program, 
project, and initiative. 
(b) BUDGET TRANSPARENCY.—In submitting the annual budget 
of the United States Government under section 1105 of title 31, 
United States Code, the President shall clearly distinguish the 
resources requested for surface transportation security from the 
resources requested for aviation security. 
(c) RESOURCE REALLOCATION.— 
(1) IN GENERAL.—Not later than 15 days after the date 
on which the Transportation Security Administration allocates 
any resources or personnel, including personnel sharing, 
detailing, or assignment, or the use of facilities, technology 
systems, or vetting resources, for a nontransportation security 
49 USC 114 note. 
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132 STAT. 3607 
PUBLIC LAW 115–254—OCT. 5, 2018 
purpose or National Special Security Event (as defined in sec-
tion 2001 of Homeland Security Act of 2002 (6 U.S.C. 601)), 
the Secretary shall provide the notification described in para-
graph (2) to the appropriate committees of Congress. 
(2) NOTIFICATION.—A notification described in this para-
graph shall include— 
(A) the reason for and a justification of the resource 
or personnel allocation; 
(B) the expected end date of the resource or personnel 
allocation; and 
(C) the projected cost to the Transportation Security 
Administration of the personnel or resource allocation. 
(d) 5-YEAR CAPITAL INVESTMENT PLAN.—Not later than 180 
days after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Commerce, Science, and Transpor-
tation 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 Transpor-
tation Security Administration’s surface transportation security 
programs; 
(2) review the coordination between relevant entities of 
leadership, planning, policy, inspections, and implementation 
of security programs relating to surface transportation to reduce 
redundancy and regulatory burden; and 
(3) submit to the appropriate committees of Congress a 
report on the findings of the reviews under paragraphs (1) 
and (2), including any recommendations for improving coordina-
tion 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 para-
graph (1) shall include— 
(A) an updated rulemaking schedule for the out-
standing regulation; 
(B) current staff allocations; 
(C) data collection or research relating to the develop-
ment of the rulemaking; 
(D) current efforts, if any, with security experts, 
advisory committees, and other stakeholders; and 
49 USC 114 note. 
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132 STAT. 3608 
PUBLIC LAW 115–254—OCT. 5, 2018 
(E) other relevant details associated with the develop-
ment of the rulemaking that impact the progress of the 
rulemaking. 
(b) INSPECTOR GENERAL REVIEW.—Not later than 180 days 
after the date of enactment of this Act, and every 2 years thereafter 
until all of the requirements under titles XIII, XIV, and XV of 
the Implementing Recommendations of the 9/11 Commission Act 
of 2007 (6 U.S.C. 1111 et seq.) and under this title have been 
fully implemented, the Inspector General of the Department shall 
submit to the appropriate committees of Congress a report that— 
(1) identifies the requirements under such titles of that 
Act and under this title that have not been fully implemented; 
(2) describes what, if any, additional action is necessary; 
and 
(3) includes recommendations regarding whether any of 
the requirements under such titles of that Act or this title 
should be amended or repealed. 
SEC. 1968. TSA COUNTERTERRORISM ASSET DEPLOYMENT. 
(a) COUNTERTERRORISM ASSET DEPLOYMENT.— 
(1) IN GENERAL.—If the Administrator deploys any counter-
terrorism personnel or resource, such as explosive detection 
sweeps, random bag inspections, or patrols by Visible Inter-
modal 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 Rec-
ommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) 
is amended— 
(1) in subsection (a)(4), by striking ‘‘team,’’ and inserting 
‘‘team as to specific locations and times within the facilities 
of such entities at which VIPR teams are to be deployed to 
maximize the effectiveness of such deployment,’’; and 
(2) by striking subsection (b) and inserting the following: 
‘‘(b) PERFORMANCE MEASURES.—Not later than 1 year after 
the date of enactment of the TSA Modernization Act, the Adminis-
trator shall develop and implement a system of qualitative perform-
ance 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 enact-
ment of the TSA Modernization Act, the Administrator shall develop 
and implement a plan for ensuring the interoperability of commu-
nications 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 
49 USC 114 note. 
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132 STAT. 3609 
PUBLIC LAW 115–254—OCT. 5, 2018 
analysis of the costs and resources required to carry out such 
plan.’’. 
SEC. 1969. SURFACE TRANSPORTATION SECURITY ADVISORY COM-
MITTEE. 
(a) IN GENERAL.—Subtitle A of title IV of the Homeland Secu-
rity 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 COM-
MITTEE. 
‘‘(a) ESTABLISHMENT.—The Administrator of the Transportation 
Security Administration (referred to in this section as ‘Adminis-
trator’) shall establish within the Transportation Security Adminis-
tration 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 direc-
tives pertaining to surface transportation security. 
‘‘(2) RISK-BASED SECURITY.—The Advisory Committee shall 
consider risk-based security approaches in the performance of 
its duties. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) COMPOSITION.—The Advisory Committee shall be com-
posed of— 
‘‘(A) voting members appointed by the Administrator 
under paragraph (2); and 
‘‘(B) nonvoting members, serving in an advisory 
capacity, who shall be designated by— 
‘‘(i) the Transportation Security Administration; 
‘‘(ii) the Department of Transportation; 
‘‘(iii) the Coast Guard; and 
‘‘(iv) such other Federal department or agency as 
the Administrator considers appropriate. 
‘‘(2) APPOINTMENT.—The Administrator shall appoint voting 
members from among stakeholders representing each mode 
of surface transportation, such as passenger rail, freight rail, 
mass transit, pipelines, highways, over-the-road bus, school 
bus industry, and trucking, including representatives from— 
‘‘(A) associations representing such modes of surface 
transportation; 
‘‘(B) labor organizations representing such modes of 
surface transportation; 
‘‘(C) groups representing the users of such modes of 
surface transportation, including asset manufacturers, as 
appropriate; 
‘‘(D) relevant law enforcement, first responders, and 
security experts; and 
‘‘(E) such other groups as the Administrator considers 
appropriate. 
‘‘(3) CHAIRPERSON.—The Advisory Committee shall select 
a chairperson from among its voting members. 
‘‘(4) TERM OF OFFICE.— 
‘‘(A) TERMS.— 
6 USC 204 note. 
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132 STAT. 3610 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(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 Com-
mittee and remove such member for cause at any time. 
‘‘(ii) ACCESS TO INFORMATION.—The Administrator 
may remove any member of the Advisory Committee 
that the Administrator determines should be restricted 
from reviewing, discussing, or possessing classified 
information or sensitive security information. 
‘‘(5) PROHIBITION ON COMPENSATION.—The members of the 
Advisory Committee shall not receive any compensation from 
the Government by reason of their service on the Advisory 
Committee. 
‘‘(6) MEETINGS.— 
‘‘(A) IN GENERAL.—The Administrator shall require the 
Advisory Committee to meet at least semiannually in per-
son or through web conferencing and may convene addi-
tional meetings as necessary. 
‘‘(B) PUBLIC
MEETINGS.—At least 1 of the meetings 
of the Advisory Committee each year shall be— 
‘‘(i) announced in the Federal Register; 
‘‘(ii) announced on a public website; and 
‘‘(iii) open to the public. 
‘‘(C) ATTENDANCE.—The Advisory Committee shall 
maintain a record of the persons present at each meeting. 
‘‘(D) MINUTES.— 
‘‘(i) IN GENERAL.—Unless otherwise prohibited by 
other Federal law, minutes of the meetings shall be 
published on the public website under subsection (e)(5). 
‘‘(ii) PROTECTION
OF
CLASSIFIED
AND
SENSITIVE 
INFORMATION.—The Advisory Committee may redact 
or summarize, as necessary, minutes of the meetings 
to protect classified or other sensitive information in 
accordance with law. 
‘‘(7) VOTING MEMBER ACCESS TO CLASSIFIED AND SENSITIVE 
SECURITY INFORMATION.— 
‘‘(A) DETERMINATIONS.—Not later than 60 days after 
the date on which a voting member is appointed to the 
Advisory Committee and before that voting member may 
be granted any access to classified information or sensitive 
security information, the Administrator shall determine 
if the voting member should be restricted from reviewing, 
discussing, or possessing classified information or sensitive 
security information. 
‘‘(B) ACCESS.— 
‘‘(i) SENSITIVE SECURITY INFORMATION.—If a voting 
member is not restricted from reviewing, discussing, 
or possessing sensitive security information under 
subparagraph (A) and voluntarily signs a nondisclosure 
agreement, the voting member may be granted access 
to sensitive security information that is relevant to 
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132 STAT. 3611 
PUBLIC LAW 115–254—OCT. 5, 2018 
the voting member’s service on the Advisory Com-
mittee. 
‘‘(ii) CLASSIFIED INFORMATION.—Access to classified 
materials shall be managed in accordance with Execu-
tive 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 Fed-
eral Regulations. 
‘‘(ii) CLASSIFIED
INFORMATION.—Voting members 
shall protect classified information in accordance with 
the applicable requirements for the particular level 
of classification. 
‘‘(8) JOINT COMMITTEE MEETINGS.—The Advisory Committee 
may meet with 1 or more of the following advisory committees 
to discuss multimodal security issues and other security-related 
issues of common concern: 
‘‘(A) Aviation Security Advisory Committee established 
under section 44946 of title 49, United States Code. 
‘‘(B) Maritime Security Advisory Committee estab-
lished 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 congres-
sional committees an annual report that provides informa-
tion on the activities, findings, and recommendations of 
the Advisory Committee during the preceding year. 
‘‘(B) PUBLICATION.—Not later than 6 months after the 
date that the Administrator receives an annual report 
under subparagraph (A), the Administrator shall publish 
a public version of the report, in accordance with section 
552a(b) of title 5, United States Code. 
‘‘(e) ADMINISTRATION RESPONSE.— 
‘‘(1) CONSIDERATION.—The Administrator shall consider the 
information, advice, and recommendations of the Advisory Com-
mittee 
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 recommenda-
tion, a plan describing the actions that the Administrator 
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PUBLIC LAW 115–254—OCT. 5, 2018 
has taken, will take, or recommends that the head of 
another Federal department or agency take to implement 
the recommendation; or 
‘‘(B) if the Administrator disagrees with the rec-
ommendation, a justification for that determination. 
‘‘(3) NOTICES.—Not later than 30 days after the date the 
Administrator submits feedback under paragraph (2), the 
Administrator shall— 
‘‘(A) notify the appropriate congressional committees 
of the feedback, including the determination under 
subparagraph (A) or subparagraph (B) of that paragraph, 
as applicable; and 
‘‘(B) provide the appropriate congressional committees 
with a briefing upon request. 
‘‘(4) UPDATES.—Not later than 90 days after the date the 
Administrator receives a recommendation from the Advisory 
Committee under subsection (d)(2) that the Administrator 
agrees with, and quarterly thereafter until the recommendation 
is fully implemented, the Administrator shall submit a report 
to the appropriate congressional committees or post on the 
public website under paragraph (5) an update on the status 
of the recommendation. 
‘‘(5) WEBSITE.—The Administrator shall maintain a public 
website that— 
‘‘(A) lists the members of the Advisory Committee; 
and 
‘‘(B) provides the contact information for the Advisory 
Committee. 
‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the Advisory Com-
mittee 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 Home-
land 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 represent-
ative to serve as a nonvoting member of the Surface Transpor-
tation Security Advisory Committee. 
(c) TABLE OF CONTENTS.—The table of contents in section 1(b) 
of the Homeland Security Act of 2002 (Public Law 107–296; 116 
Stat. 2135) is amended by inserting after the item relating to 
section 403 the following: 
‘‘Sec. 404. Surface Transportation Security Advisory Committee.’’. 
SEC. 1970. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM 
PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the date that 
the Inspector General of the Department receives the report under 
section 1964(c), the Inspector General of the Department shall— 
6 USC 204 note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(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 deploy-
ment strategy under subsection (a)(1)(A), the Inspector General 
shall consider whether the Transportation Security Administration’s 
method to analyze the risk to transportation facilities and transpor-
tation 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 explo-
sives detection canine teams unless more are identified in the 
risk-based surface transportation security strategy under sec-
tion 1964, consistent with section 1965 or with the President’s 
most recent budget submitted under section 1105 of title 31, 
United States Code. 
(3) RECOMMENDATIONS.—Before initiating any increase in 
the number of explosives detection teams under paragraph 
(2), the Secretary shall consider any recommendations in the 
report under section 1970 on the efficacy and management 
of the explosives detection canine program. 
(c) DEPLOYMENT.—The Secretary shall— 
(1) use the additional explosives detection canine teams, 
as described in subsection (b)(1), as part of the Department’s 
efforts to strengthen security across the Nation’s surface and 
maritime transportation networks; 
(2) make available explosives detection canine teams to 
all modes of transportation, subject to the requirements under 
section 1968, to address specific vulnerabilities or risks, on 
an as-needed basis and as otherwise determined appropriate 
by the Secretary; and 
6 USC 1116 note. 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(3) consider specific needs and training requirements for 
explosives detection canine teams to be deployed across the 
Nation’s surface and maritime transportation networks, 
including in venues of multiple modes of transportation, as 
the Secretary considers appropriate. 
(d) AUTHORIZATION.—There are authorized to be appropriated 
to the Secretary to the extent of appropriations to carry out this 
section for each of fiscal years 2019 through 2021. 
SEC. 1972. STUDY ON SECURITY STANDARDS AND BEST PRACTICES 
FOR PASSENGER TRANSPORTATION SYSTEMS. 
(a) SECURITY STANDARDS
AND BEST PRACTICES
FOR UNITED 
STATES AND FOREIGN PASSENGER TRANSPORTATION SYSTEMS.—The 
Comptroller General of the United States shall conduct a study 
of how the Transportation Security Administration— 
(1) identifies and compares— 
(A) United States and foreign passenger transportation 
security standards; and 
(B) best practices for protecting passenger transpor-
tation systems, including shared terminal facilities, and 
cyber systems; and 
(2) disseminates the findings under paragraph (1) to stake-
holders. 
(b) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Comptroller General shall issue a report 
that contains— 
(1) the findings of the study conducted under subsection 
(a); and 
(2) any recommendations for improving the relevant proc-
esses 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 ‘‘Sec-
retary’’; 
(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; 
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PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(J) for improvements to employee and contractor 
verification systems, including identity verification tech-
nology; or 
‘‘(K) for improvements to the security of Amtrak com-
puter systems, including cybersecurity assessments and 
programs.’’. 
SEC. 1974. PASSENGER RAIL VETTING. 
(a) IN GENERAL.—Not later than 180 days after the date on 
which the Amtrak Board of Directors submits a request to the 
Administrator, the Administrator shall issue a decision on the use 
by Amtrak of the Transportation Security Administration’s Secure 
Flight Program or a similar passenger vetting system to enhance 
passenger rail security. 
(b) CONSIDERATIONS.—In making a decision under subsection 
(a), the Administrator shall— 
(1) consider the technological, privacy, operational, and 
security impacts of such a decision; and 
(2) describe such impacts in any strategic plan developed 
under subsection (c). 
(c) STRATEGIC PLAN.—If the Administrator decides to grant 
the request by Amtrak under subsection (a), the decision shall 
include a strategic plan for working with rail stakeholders to 
enhance passenger rail security by— 
(1) vetting passengers using terrorist watch lists main-
tained by the Federal Government or a similar passenger vet-
ting system maintained by the Transportation Security 
Administration; and 
(2) where applicable and in consultation with the Commis-
sioner of U.S. Customs and Border Protection, assessing 
whether the vetting process should be integrated into 
preclearance operations established under section 813 of the 
Trade Facilitation and Trade Enforcement Act of 2015 (19 
U.S.C. 4432). 
(d) NOTICES.—The Administrator shall notify the appropriate 
committees of Congress of any decision made under subsection 
(a) and the details of the strategic plan under subsection (c). 
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to limit the Administrator’s authority to set the access 
to, or terms and conditions of using, the Secure Flight Program 
or a similar passenger vetting system. 
SEC. 1975. STUDY ON SURFACE TRANSPORTATION INSPECTORS. 
(a) STRATEGY.—Not later than 180 days after the date of enact-
ment 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 secu-
rity 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 
6 USC 1164 note. 
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132 STAT. 3616 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 pro-
gram to promote surface transportation security through the 
training of surface transportation operators and frontline employees 
on each of the skills identified in subsection (c). 
(b) APPLICATION.—The program established under subsection 
(a) shall apply to all modes of surface transportation, including 
public transportation, rail, highway, motor carrier, and pipeline. 
(c) TRAINING.—The program established under subsection (a) 
shall cover, at a minimum, the skills necessary to recognize, assess, 
and respond to suspicious items or actions that could indicate 
a threat to transportation. 
(d) ASSESSMENT.— 
(1) IN
GENERAL.—The Administrator shall conduct an 
assessment of current training programs for surface transpor-
tation 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 identi-
fied in the assessment under subsection (d). 
(f) SUSPICIOUS ACTIVITY REPORTING.— 
(1) IN GENERAL.—The Secretary shall maintain a national 
telephone number for an individual to use to report suspicious 
activity under this section to the Administration. 
(2) PROCEDURES.—The Administrator shall establish proce-
dures 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, cus-
tomer service employee, security employee, or transit police, 
or any other employee who has direct contact with riders on 
a regular basis, and any other employee of a public transpor-
tation agency that the Administrator determines should receive 
6 USC 1155. 
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132 STAT. 3617 
PUBLIC LAW 115–254—OCT. 5, 2018 
security training under this section or that is receiving security 
training under other law; 
(2) over-the-road bus drivers, security personnel, dis-
patchers, maintenance and maintenance support personnel, 
ticket agents, other terminal employees, and other employees 
of an over-the-road bus operator or terminal owner or operator 
that the Administrator determines should receive security 
training under this section or that is receiving security training 
under other law; or 
(3) security personnel, dispatchers, locomotive engineers, 
conductors, trainmen, other onboard employees, maintenance 
and maintenance support personnel, bridge tenders, and any 
other employees of railroad carriers that the Administrator 
determines should receive security training under this section 
or that is receiving security training under other law. 
SEC. 1977. VOLUNTARY USE OF CREDENTIALING. 
(a) IN GENERAL.—An applicable individual who is subject to 
credentialing or a background investigation may satisfy that 
requirement by obtaining a valid transportation security card. 
(b) ISSUANCE OF CARDS.—The Secretary of Homeland Security— 
(1) shall expand the transportation security card program, 
consistent with section 70105 of title 46, United States Code, 
to allow an applicable individual who is subject to credentialing 
or a background investigation to apply for a transportation 
security card; and 
(2) may charge reasonable fees, in accordance with section 
520(a) of the Department of Homeland Security Appropriations 
Act, 2004 (6 U.S.C. 469(a)), for providing the necessary 
credentialing and background investigation. 
(c) VETTING.—The Administrator shall develop and implement 
a plan to utilize, in addition to any background check required 
for initial issue, the Federal Bureau of Investigation’s Rap Back 
Service and other vetting tools as appropriate, including the No- 
Fly and Selectee lists, to get immediate notification of any criminal 
activity relating to any person with a valid transportation security 
card. 
(d) DEFINITIONS.—In this section: 
(1) 
APPLICABLE
INDIVIDUAL
WHO
IS
SUBJECT
TO 
CREDENTIALING OR A BACKGROUND INVESTIGATION.—The term 
‘‘applicable individual who is subject to credentialing or a back-
ground investigation’’ means only an individual who— 
(A) because of employment is regulated by the 
Transportation Security Administration, Department of 
Transportation, or Coast Guard and is required to have 
a background records check to obtain a hazardous materials 
endorsement on a commercial driver’s license issued by 
a State under section 5103a of title 49, United States 
Code; or 
(B) is required to have a credential and background 
records check under section 2102(d)(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 622(d)(2)) at a facility with 
activities that are regulated by the Transportation Security 
Administration, Department of Transportation, or Coast 
Guard. 
6 USC 1119. 
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132 STAT. 3618 
PUBLIC LAW 115–254—OCT. 5, 2018 
(2) VALID
TRANSPORTATION
SECURITY
CARD.—The term 
‘‘valid transportation security card’’ means a transportation 
security card that is— 
(A) issued under section 70105 of title 46, United States 
Code; 
(B) not expired; 
(C) shows no signs of tampering; and 
(D) bears a photograph of the individual representing 
such card. 
SEC. 1978. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF 
HAZMAT LICENSES. 
(a) ISSUANCE OF LICENSES.—Section 5103a(a)(1) is amended— 
(1) by striking ‘‘unless’’ and inserting ‘‘unless—’’; 
(2) by striking ‘‘the Secretary of Homeland Security’’ and 
inserting the following: 
‘‘(A) ‘‘the Secretary of Homeland Security’’;’’; 
(3) in subparagraph (A), as designated by paragraph (2) 
of this subsection, by striking the period at the end and 
inserting ‘‘; or’’; and 
(4) by adding at the end the following: 
‘‘(B) the individual holds a valid transportation security 
card issued under section 70105 of title 46.’’. 
(b) TRANSPORTATION SECURITY CARD.—Section 5103a(d)(1) is 
amended, in the matter preceding subparagraph (A), by striking 
‘‘described in subsection (a)(1)’’ and inserting ‘‘under subsection 
(a)(1)(A)’’. 
SEC. 1979. CARGO CONTAINER SCANNING TECHNOLOGY REVIEW. 
(a) DESIGNATIONS.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, and not less frequently than once 
every 5 years thereafter until the date of full-scale implementa-
tion of 100 percent screening of cargo containers and 100 per-
cent 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 pro-
gram under this subsection, the Secretary shall— 
(A) solicit applications from domestic ports; 
(B) select up to 4 domestic ports to participate in 
the pilot program; and 
(C) select ports with unique features and differing 
levels of trade volume. 
(3) REPORT.—Not later than 1 year after initiating a pilot 
program under paragraph (1), the Secretary shall submit to 
6 USC 982 note. 
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132 STAT. 3619 
PUBLIC LAW 115–254—OCT. 5, 2018 
the appropriate committees of Congress a report on the pilot 
program, including— 
(A) an evaluation of the scanning technologies proposed 
to improve security at domestic ports and to meet the 
full-scale implementation requirement; 
(B) the costs to implement a pilot program; 
(C) the benefits of the proposed scanning technologies; 
(D) the impact of the pilot program on the supply 
chain; and 
(E) recommendations for implementation of advanced 
cargo scanning technologies at domestic ports. 
(4) SHARING PILOT PROGRAM TESTING RESULTS.—The results 
of the pilot testing of advanced cargo scanning technologies 
shall be shared, as appropriate, with government agencies and 
private stakeholders whose responsibilities encompass the 
secure transport of cargo. 
SEC. 1980. PIPELINE SECURITY STUDY. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study regarding the roles and responsibilities of the 
Department of Homeland Security and the Department of Transpor-
tation with respect to pipeline security. 
(b) CONTENTS.—The study under subsection (a) shall examine— 
(1) whether the Annex to the Memorandum of Under-
standing 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 depart-
ment is responsible for— 
(A) protecting against intentional pipeline breaches and 
cyber attacks; 
(B) responding to intentional pipeline breaches and 
cyber attacks; and 
(C) planning to recover from the impact of intentional 
pipeline breaches and cyber attacks; 
(2) whether the respective roles and responsibilities of each 
department are adequately conveyed to relevant stakeholders 
and to the public; 
(3) whether the processes and procedures for determining 
whether a particular pipeline breach is a terrorist incident 
are clear and effective; 
(4) whether, and if so how, pipeline sector stakeholders 
share security-related information; 
(5) the guidance pipeline operators report use to address 
security risks and the extent to which the TSA ensures its 
guidelines reflect the current threat environment; 
(6) the extent to which the TSA has assessed security 
risks to pipeline systems; and 
(7) the extent to which the TSA has assessed its effective-
ness 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 Gen-
eral of the United States shall submit to the Secretary of Homeland 
Security and the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure of the 
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132 STAT. 3620 
PUBLIC LAW 115–254—OCT. 5, 2018 
House of Representatives a report containing the findings of the 
study under subsection (a). 
(d) REPORT TO CONGRESS.—Not later than 90 days after the 
date the report under subsection (c) is submitted, the Secretary 
of Homeland Security shall review and analyze the study and 
submit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on such review and analysis, including 
any recommendations for— 
(1) changes to the Annex to the Memorandum of Under-
standing 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 Adminis-
trator and in coordination with the Under Secretary for Science 
and Technology of the Department of Homeland Security, shall 
submit to the appropriate committees of Congress a feasibility 
assessment of modifying the security of surface transportation 
assets by— 
(1) 
introducing 
next 
generation 
technologies 
to 
be 
integrated into systems of surface transportation assets to 
detect explosives, including through the deployment of mobile 
explosives detection technologies to conduct risk-based pas-
senger 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 main-
tained by the Transportation Security Administration; 
(3) deploying a credential authentication technology or 
other means of identification document inspection to high-risk 
surface transportation assets to assist operators conducting 
passenger vetting; and 
(4) deploying scalable, cost-effective technology solutions 
to detect chemical, biological, radiological, nuclear, or explosive 
threats within high-risk surface transportation assets that are 
capable of passive, continuous, and real-time sensing and detec-
tion of, and alerting passengers and operating personnel to, 
the presence of such a threat. 
(b) CONSIDERATIONS.—In carrying out the assessment under 
subsection (a), the Secretary, acting through the Administrator 
and in coordination with the Under Secretary for Science and 
Technology of the Department of Homeland Security, shall address 
the technological, privacy, operational, passenger facilitation, and 
public acceptance considerations involved with each security 
measure contemplated in such assessment. 
SEC. 1982. BEST PRACTICES TO SECURE AGAINST VEHICLE-BASED 
ATTACKS. 
Not later than 180 days after the date of enactment of this 
Act, the Administrator shall disseminate best practices to public 
and private stakeholders regarding how to enhance transportation 
security against the threat of a vehicle-based terrorist attack. 
49 USC 114 note. 
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132 STAT. 3621 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 informa-
tion 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 TECH-
NOLOGY. 
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 detec-
tion systems or explosive detection systems, shall research, facili-
tate, and, to the extent practicable, deploy next generation tech-
nologies, including active neutron interrogation, to detect nuclear 
material and explosives in transportation systems and transpor-
tation facilities. 
Subtitle H—Transportation Security 
SEC. 1985. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY 
REVIEW. 
(a) GAO REVIEW.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the United 
States shall evaluate the degree to which the most recent 
National Strategy for Transportation Security, as updated, 
under section 114(s) of title 49, United States Code, is reflected 
in relevant Federal transportation security programs, budgets, 
research, staffing levels, and related activities. 
(2) CONSIDERATIONS.—In conducting the evaluation under 
paragraph (1), the Comptroller General shall consider the 
degree to which— 
(A) the strategy is sufficiently forward-looking to guide 
future Federal efforts relating to transportation security; 
(B) Federal transportation security programs, budgets, 
research, staffing levels, and related activities for fiscal 
year 2019 and subsequent fiscal years would be guided 
by the strategy; and 
(C) any annual progress reports submitted to Congress 
under that section after the strategy is submitted would 
provide information on the degree to which that strategy 
guides Federal efforts relating to transportation security. 
SEC. 1986. RISK SCENARIOS. 
(a) IN GENERAL.—The Administrator shall annually develop, 
consistent with the transportation modal security plans required 
under section 114(s) of title 49, United States Code, risk-based 
priorities based on risk assessments conducted or received by the 
49 USC 114 note. 
6 USC 1156 note. 
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132 STAT. 3622 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 Con-
gress a report that includes the following: 
(1) Copies of the risk assessments for each transportation 
mode. 
(2) A summary that ranks the risks within and across 
modes. 
(3) A description of the risk-based priorities for securing 
the transportation sector that identifies and prioritizes the 
greatest security needs of such transportation sector, both 
across and within modes, in the order that such priorities 
should be addressed. 
(4) Information on the underlying methodologies used to 
assess risks across and within each transportation mode and 
the basis for any assumptions regarding threats, vulnerabilities, 
and consequences made in assessing and prioritizing risks 
within each such mode and across modes. 
(d) CLASSIFICATION.—The information provided under sub-
section (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 respon-
sible for overseeing daily operations of a transportation facility 
that promotes coordination for responses to terrorism, serious 
incidents, and other purposes, as determined appropriate by the 
Administrator. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall brief the appropriate committees 
of Congress regarding the establishment and activities of integrated 
and unified operations centers at transportation facilities at which 
the TSA has a presence. 
SEC. 1988. NATIONAL DEPLOYMENT FORCE. 
(a) IN GENERAL.—Subchapter II of chapter 449, as amended 
by section 1943 of this Act, is further amended by adding at the 
end the following: 
‘‘SEC. 44948. NATIONAL DEPLOYMENT OFFICE. 
‘‘(a) 
ESTABLISHMENT.—There 
is 
established 
within 
the 
Transportation Security Administration a National Deployment 
Office, to be headed by an individual with supervisory experience. 
Such individual shall be designated by the Administrator of the 
Transportation Security Administration. 
‘‘(b) DUTIES.—The individual designated as the head of the 
National Deployment Office shall be responsible for the following: 
49 USC 44948 
note. 
49 USC 114 note. 
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132 STAT. 3623 
PUBLIC LAW 115–254—OCT. 5, 2018 
‘‘(1) Maintaining a National Deployment Force within the 
Transportation Security Administration, including transpor-
tation security officers, supervisory transportation security offi-
cers and lead transportation security officers, to provide the 
Administration with rapid and efficient response capabilities 
and augment the Department of Homeland Security’s homeland 
security operations to mitigate and reduce risk, including for 
the following: 
‘‘(A) Airports temporarily requiring additional security 
personnel due to an emergency, seasonal demands, hiring 
shortfalls, severe weather conditions, passenger volume 
mitigation, equipment support, or other reasons. 
‘‘(B) Special events requiring enhanced security 
including National Special Security Events, as determined 
by the Secretary of Homeland Security. 
‘‘(C) Response in the aftermath of any manmade dis-
aster, including any terrorist attack. 
‘‘(D) Other such situations, as determined by the 
Administrator. 
‘‘(2) Educating transportation security officers regarding 
how to participate in the Administration’s National Deployment 
Force. 
‘‘(3) Recruiting officers to serve on the National Deployment 
Force, in accordance with a staffing model to be developed 
by the Administrator. 
‘‘(4) Approving 1-year appointments for officers to serve 
on the National Deployment Force, with an option to extend 
upon officer request and with the approval of the appropriate 
Federal Security Director. 
‘‘(5) Training officers to serve on the National Deployment 
Force.’’. 
(b) TABLE OF CONTENTS.—The table of contents of subchapter 
II of chapter 449, as amended by section 1943 of this Act, is 
further amended by adding after the item relating to section 44947 
the following: 
‘‘44948. National Deployment Office.’’. 
(c) CONFORMING AMENDMENT.—Section 114(f), as amended by 
section 1904 of this Act, is further amended— 
(1) in paragraph (14), by striking ‘‘and’’ after the semicolon 
at the end; 
(2) by redesignating paragraph (15) as paragraph (16); 
and 
(3) by inserting after paragraph (14) the following: 
‘‘(15) establish and maintain a National Deployment Office 
as required under section 44948 of this title; and’’. 
(d) CAREER DEVELOPMENT.—The Administrator may consider 
service in the National Deployment Force as a positive factor when 
evaluating applicants for promotion opportunities within the TSA. 
(e) REPORT.—Not later than 1 year after the date of enactment 
of this Act and annually thereafter for 5 years, the Administrator 
shall submit to the appropriate committees of Congress a report 
regarding activities of the National Deployment Office, including 
the National Deployment Force, established under section 44948 
of title 49, United States Code. Each such report shall include 
information relating to the following: 
49 USC 44948 
note. 
49 USC 
prec. 44901. 
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132 STAT. 3624 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 secu-
rity stakeholders. 
(3) The size of the National Deployment Force, including 
information on the staffing model of the National Deployment 
Force and adherence to such model as established by the 
Administrator. 
(4) Information on recruitment, appointment, and training 
activities, including processes utilized to attract, recruit, 
appoint, and train officers to serve on the National Deployment 
Force. 
SEC. 1989. INFORMATION SHARING AND CYBERSECURITY. 
(a) FEDERAL SECURITY DIRECTORS.—Section 44933 is amended 
by adding at the end the following: 
‘‘(c) INFORMATION SHARING.—Not later than 1 year after the 
date of the enactment of the TSA Modernization Act, the Adminis-
trator shall— 
‘‘(1) require each Federal Security Director of an airport 
to meet at least quarterly with the airport director, airport 
security coordinator, and law enforcement agencies serving each 
such airport to discuss incident management protocols, 
including the resolution of screening anomalies at passenger 
screening checkpoints; and 
‘‘(2) require each Federal Security Director at an airport 
to inform, consult, and coordinate, as appropriate, with the 
respective airport security coordinator in a timely manner on 
security matters impacting airport operations and to establish 
and maintain operational protocols with such airport operators 
to ensure coordinated responses to security matters.’’. 
(b) PLAN TO IMPROVE INFORMATION SHARING.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall develop a 
plan to improve intelligence information sharing with State 
and local transportation entities that includes best practices 
to ensure that the information shared is actionable, useful, 
and not redundant. 
(2) CONTENTS.—The plan required under paragraph (1) 
shall include the following: 
(A) The incorporation of best practices for information 
sharing. 
(B) The identification of areas of overlap and redun-
dancy. 
(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 
49 USC 114 note. 
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132 STAT. 3625 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 enti-
ties best practices from across the law enforcement spectrum, 
including Federal, State, local, and tribal entities, that relate 
to employee training, employee professional development, tech-
nology development and deployment, hardening tactics, and 
passenger and employee awareness programs. 
(2) CONSULTATION.—The Administrator shall solicit and 
incorporate stakeholder input— 
(A) in developing the mechanism for sharing best prac-
tices 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 Crit-
ical 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 subpara-
graph (A). 
(2) CYBERSECURITY ENHANCEMENTS TO AVIATION SECURITY 
ACTIVITIES.—The Secretary, in consultation with the Secretary 
of Transportation, shall, upon request, conduct cybersecurity 
vulnerability assessments for airports and air carriers. 
(3) TSA TRUSTED TRAVELER AND CREDENTIALING PROGRAM 
CYBER EVALUATION.— 
(A) EVALUATION REQUIRED.—Not later than 120 days 
after the date of enactment of this Act, the Secretary 
shall— 
(i) evaluate the cybersecurity of TSA trusted trav-
eler and credentialing programs that contain personal 
information of specific individuals or information that 
identifies specific individuals, including the Transpor-
tation Worker Identification Credential and PreCheck 
programs; 
(ii) identify any cybersecurity risks under the pro-
grams described in clause (i); and 
(iii) develop remediation plans to address the 
cybersecurity risks identified under clause (ii). 
(B) SUBMISSION TO CONGRESS.—Not later than 30 days 
after the date the evaluation under subparagraph (A) is 
complete, the Secretary shall submit to the appropriate 
committees of Congress information relating to such 
evaluation, including any cybersecurity vulnerabilities 
identified 
and 
remediation 
plans 
to 
address 
such 
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132 STAT. 3626 
PUBLIC LAW 115–254—OCT. 5, 2018 
vulnerabilities. Such submission shall be provided in a 
classified form. 
(4) DEFINITIONS.—In this subsection, the terms ‘‘cybersecu-
rity risk’’ and ‘‘incident’’ have the meanings given the terms 
in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 
148). 
SEC. 1990. SECURITY TECHNOLOGIES TIED TO FOREIGN THREAT 
COUNTRIES. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary shall submit to the appropriate committees of 
Congress an assessment of terrorist and other threats to the 
transportation sector, including surface transportation assets, posed 
by the use of security technologies, including software and 
networked technologies, developed or manufactured by firms that 
are owned or closely linked to the governments of countries that 
are known to pose a cyber or homeland security threat. 
Subtitle I—Conforming and Miscellaneous 
Amendments 
SEC. 1991. TITLE 49 AMENDMENTS. 
(a) DELETION OF DUTIES RELATED TO AVIATION SECURITY.— 
Section 106(g) is amended to read as follows: 
‘‘(g) DUTIES AND POWERS OF ADMINISTRATOR.—The Adminis-
trator 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 fol-
lowing: 
‘‘(A) Section 308(b). 
‘‘(B) Subsections (c) and (d) of section 1132. 
‘‘(C) Sections 40101(c), 40103(b), 40106(a), 40108, 
40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and 
40114(a). 
‘‘(D) Chapter 445, except sections 44501(b), 44502(a)(2), 
44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 
44514, and 44515. 
‘‘(E) Chapter 447, except sections 44717, 44718(a), 
44718(b), 44719, 44720, 44721(b), 44722, and 44723. 
‘‘(F) Chapter 451. 
‘‘(G) Chapter 453. 
‘‘(H) Section 46104. 
‘‘(I) Subsections (d) and (h)(2) of section 46301 and 
sections 46303(c), 46304 through 46308, 46310, 46311, and 
46313 through 46316. 
‘‘(J) Chapter 465. 
‘‘(K) Sections 47504(b) (related to flight procedures), 
47508(a), and 48107. 
‘‘(2) Additional duties and powers prescribed by the Sec-
retary of Transportation.’’. 
(b) TRANSPORTATION SECURITY OVERSIGHT BOARD.—Section 115 
is amended— 
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PUBLIC LAW 115–254—OCT. 5, 2018 
(1) in subsection (c)(1), by striking ‘‘Under Secretary of 
Transportation for security’’ and inserting ‘‘Administrator of 
the Transportation Security Administration’’; and 
(2) in subsection (c)(6), by striking ‘‘Under Secretary’’ and 
inserting ‘‘Administrator’’. 
(c) CHAPTER 401 AMENDMENTS.—Chapter 401 is amended— 
(1) in section 40109— 
(A) in subsection (b), by striking ‘‘, 40119, 44901, 44903, 
44906, and 44935–44937’’; and 
(B) in subsection (c), by striking ‘‘sections 44909 and’’ 
and inserting ‘‘sections 44909(a), 44909(b), and’’; 
(2) in section 40113— 
(A) in subsection (a)— 
(i) by striking ‘‘the Under Secretary of Transpor-
tation 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 Adminis-
trator,’’ and inserting ‘‘, Administrator of the Transpor-
tation 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 Adminis-
tration or Federal Aviation Administration, as the case 
may be,’’ and inserting ‘‘Federal Aviation Administra-
tion’’; and 
(iii) by striking ‘‘Under Secretary or Administrator, 
as the case may be,’’ and inserting ‘‘Administrator’’; 
(3) by striking section 40119; and 
(4) in the table of contents, by striking the item relating 
to section 40119 and inserting the following: 
‘‘40119. [Reserved].’’. 
(d) CHAPTER 449 AMENDMENTS.—Chapter 449 is amended— 
(1) in section 44901— 
(A) in subsection (a)— 
(i) by striking ‘‘Under Secretary of Transportation 
for Security’’ and inserting ‘‘Administrator of the 
Transportation Security Administration’’; and 
(ii) by striking ‘‘, United States Code’’; 
(B) in subsection (c), by striking ‘‘but not later than 
the 60th day following the date of enactment of the Aviation 
and Transportation Security Act’’; 
(C) in subsection (d)— 
(i) in paragraph (1)— 
(I) in the matter preceding subparagraph (A), 
by striking ‘‘Under Secretary of Transportation for 
Security’’ and inserting ‘‘Administrator of the 
Transportation Security Administration’’; and 
49 USC 
prec. 40101. 
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132 STAT. 3628 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Administra-
tion)’’ 
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 ‘‘Adminis-
trator of the Transportation Security Adminis-
tration’’; and 
(bb) by striking ‘‘Assistant Secretary’’ the 
second 
place 
it 
appears 
and 
inserting 
‘‘Administrator’’; 
(D) in subsection (e)— 
(i) in that matter preceding paragraph (1)— 
(I) by striking ‘‘but not later than the 60th 
day following the date of enactment of the Aviation 
and Transportation Security Act’’; and 
(II) 
by 
striking 
‘‘Under 
Secretary’’ 
and 
inserting ‘‘Administrator of the Transportation 
Security Administration’’; and 
(ii) in paragraph (4), by striking ‘‘Under Secretary’’ 
and inserting ‘‘Administrator’’; 
(E) in subsection (f), by striking ‘‘after the date of 
enactment of the Aviation and Transportation Security 
Act’’; 
(F) in subsection (g)— 
(i) in paragraph (1), by striking ‘‘Not later than 
3 years after the date of enactment of the Imple-
menting Recommendations of the 9/11 Commission Act 
of 2007, the’’ and inserting ‘‘The’’; 
(ii) in paragraph (2), by striking ‘‘as follows:’’ and 
all that follows and inserting a period; 
(iii) by amending paragraph (3) to read as follows: 
‘‘(3) REGULATIONS.—The Secretary of Homeland Security 
shall issue a final rule as a permanent regulation to implement 
this subsection in accordance with the provisions of chapter 
5 of title 5.’’; 
(iv) by striking paragraph (4); and 
(v) by redesignating paragraph (5) as paragraph 
(4); 
(G) in subsection (h)— 
(i) in paragraph (1), by striking ‘‘Under Secretary’’ 
and inserting ‘‘Administrator of the Transportation 
Security Administration’’; and 
(ii) in paragraph (2)— 
(I) by striking ‘‘Under Secretary’’ the first place 
it appears and inserting ‘‘Administrator of the 
Transportation Security Administration’’; and 
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132 STAT. 3629 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 ‘‘Adminis-
trator of the Transportation Security Administration’’; 
and 
(ii) in paragraph (2), by striking ‘‘Under Secretary’’ 
and inserting ‘‘Administrator’’; 
(I) in subsection (j)(1)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘Before January 1, 2008, the’’ and inserting 
‘‘The’’; and 
(ii) in subparagraph (A), by striking ‘‘the date of 
enactment of this subsection’’ and inserting ‘‘August 
3, 2007’’; 
(J) in subsection (k)— 
(i) in paragraph (1), by striking ‘‘Not later than 
one year after the date of enactment of this subsection, 
the’’ and inserting ‘‘The’’; 
(ii) in paragraph (2), by striking ‘‘Not later than 
6 months after the date of enactment of this subsection, 
the’’ and inserting ‘‘The’’; and 
(iii) in paragraph (3), by striking ‘‘Not later than 
180 days after the date of enactment of this subsection, 
the’’ in paragraph (3) and inserting ‘‘The’’; and 
(K) in subsection (l)— 
(i) in paragraph (2)— 
(I) in the matter preceding subparagraph (A), 
by striking ‘‘Beginning June 1, 2012, the Assistant 
Secretary of Homeland Security (Transportation 
Security Administration)’’ and inserting ‘‘The 
Administrator of the Transportation Security 
Administration’’; and 
(II) in subparagraph (B), by striking ‘‘Assistant 
Secretary’’ and inserting ‘‘Administrator’’; 
(ii) in paragraph (3)— 
(I) in subparagraph (A)— 
(aa) by striking ‘‘Assistant Secretary’’ the 
first place it appears and inserting ‘‘Adminis-
trator of the Transportation Security Adminis-
tration’’; and 
(bb) by striking ‘‘Assistant Secretary’’ the 
second 
place 
it 
appears 
and 
inserting 
‘‘Administrator’’; and 
(II) in subparagraph (B), by striking ‘‘Assistant 
Secretary’’ and inserting ‘‘Administrator of the 
Transportation Security Administration’’; and 
(iii) in paragraph (4)— 
(I) in subparagraph (A)— 
(aa) by striking ‘‘60 days after the deadline 
specified in paragraph (2), and not later than’’; 
(bb) by striking ‘‘Assistant Secretary’’ the 
first place it appears and inserting ‘‘Adminis-
trator of the Transportation Security Adminis-
tration’’; and 
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132 STAT. 3630 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 ‘‘Adminis-
trator of the Transportation Security Administration’’; and 
(B) in subsection (b), by striking ‘‘Under Secretary’’ 
and inserting ‘‘Administrator of the Transportation Secu-
rity Administration’’; 
(3) section 44903 is amended— 
(A) in subsection (a)— 
(i) in the heading, by striking ‘‘DEFINITION’’ and 
inserting ‘‘DEFINITIONS’’; 
(ii) by redesignating paragraphs (1) through (3) 
as subparagraphs (A) through (C), respectively; 
(iii) in subparagraph (B), as redesignated, by 
striking ‘‘Under Secretary of Transportation for Secu-
rity’’ and inserting ‘‘Administrator’’; 
(iv) in the matter preceding subparagraph (A), as 
redesignated, by striking ‘‘In this section, ‘law enforce-
ment personnel’ means individuals—’’ and inserting 
‘‘In this section:’’; 
(v) by inserting before subparagraph (A), the fol-
lowing: 
‘‘(2) LAW
ENFORCEMENT
PERSONNEL.—The term ‘law 
enforcement personnel’ means individuals—’’; and 
(vi) by inserting before paragraph (2), as redesig-
nated, the following: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Transportation Security Administration.’’; 
(B) in subsection (d), by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Administrator’’; 
(C) in subsection (g), by striking ‘‘Under Secretary’s’’ 
each place it appears and inserting ‘‘Administrator’s’’; 
(D) in subsection (h)— 
(i) in paragraph (3), by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Homeland Security’’; 
(ii) in paragraph (4)— 
(I) in subparagraph (A), by striking ‘‘, as soon 
as practicable after the date of enactment of this 
subsection,’’; 
(II) in subparagraph (C), by striking ‘‘section 
44903(c)’’ and inserting ‘‘subsection (c)’’; and 
(III) in subparagraph (E), by striking ‘‘, not 
later than March 31, 2005,’’; 
(iii) in paragraph (5), by striking ‘‘Assistant Sec-
retary 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 
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132 STAT. 3631 
PUBLIC LAW 115–254—OCT. 5, 2018 
of enactment of the Implementing Recommenda-
tions of the 9/11 Commission Act of 2007, the’’ 
and inserting ‘‘The’’; and 
(II) in clause (i), by striking ‘‘section’’ and 
inserting ‘‘paragraph’’; and 
(v) in paragraph (6)(C), by striking ‘‘Secretary’’ 
and inserting ‘‘Secretary of Homeland Security’’; 
(E) in subsection (i)(3), by striking ‘‘, after the date 
of enactment of this paragraph,’’; 
(F) in subsection (j)— 
(i) by amending paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.—The Administrator shall periodically rec-
ommend 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 Pas-
senger Prescreening System’’ and inserting 
‘‘Secure Flight program’’; 
(bb) by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Administrator’’; and 
(cc) by striking ‘‘system’’ each place it 
appears and inserting ‘‘program’’; 
(III) in subparagraph (B)— 
(aa) by striking ‘‘Computer-Assisted Pas-
senger Prescreening System’’ and inserting 
‘‘Secure Flight program’’; 
(bb) by striking ‘‘Secretary of Transpor-
tation’’ 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 Assist-
ant Secretary,’’ and inserting ‘‘The Adminis-
trator’’; 
(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 ‘‘Adminis-
trator’’; 
(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 
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132 STAT. 3632 
PUBLIC LAW 115–254—OCT. 5, 2018 
(VII) by striking ‘‘Assistant Secretary’’ each 
place it appears and inserting ‘‘Administrator’’; 
(G) in subsection (l), by striking ‘‘Under Secretary for 
Border and Transportation Security of the Department of 
Homeland Security’’ and inserting ‘‘Administrator’’; 
(H) in subsection (m)— 
(i) in paragraph (1), by striking ‘‘Assistant Sec-
retary 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 ‘‘Adminis-
trator of the Transportation Security Administration’’; 
(B) in subsection (c)— 
(i) by striking ‘‘section 114(t)(3)’’ and inserting ‘‘sec-
tion 114(s)(3)’’; and 
(ii) by striking ‘‘section 114(t)’’ and inserting ‘‘sec-
tion 114(s)’’; 
(C) in subsection (d)— 
(i) by striking ‘‘Not later than 90 days after the 
date of the submission of the National Strategy for 
Transportation Security under section 114(t)(4)(A), the 
Assistant Secretary of Homeland Security (Transpor-
tation Security Administration)’’ and inserting ‘‘The 
Administrator of the Transportation Security Adminis-
tration’’; 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 Secu-
rity 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 ‘‘Adminis-
trator.’’; 
(B) in subsection (b), by striking ‘‘Under Secretary 
of Transportation for Security’’ and inserting ‘‘Adminis-
trator of the Transportation Security Administration’’; and 
(C) in subsections (c), (d), and (f), by striking ‘‘Under 
Secretary’’ each place it appears and inserting ‘‘Adminis-
trator of the Transportation Security Administration’’; 
(6) section 44906 is amended— 
(A) by striking ‘‘Under Secretary of Transportation for 
Security’’ and inserting ‘‘Administrator of the Transpor-
tation Security Administration’’; and 
(B) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator’’; 
(7) section 44908 is amended— 
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132 STAT. 3633 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) by striking ‘‘Secretary of Transportation’’ each place 
it appears and inserting ‘‘Administrator of the Transpor-
tation Security Administration’’; 
(B) in subsection (a), by striking ‘‘safety or’’; and 
(C) in subsection (c), by striking ‘‘The Secretary’’ and 
inserting ‘‘The Administrator’’; 
(8) section 44909 is amended— 
(A) in subsection (a)(1), by striking ‘‘Not later than 
March 16, 1991, the’’ and inserting ‘‘The’’; and 
(B) in subsection (c)— 
(i) in paragraph (1), by striking ‘‘Not later than 
60 days after the date of enactment of the Aviation 
and Transportation Security Act, each’’ and inserting 
‘‘Each’’; 
(ii) in paragraphs (2)(F) and (5), by striking ‘‘Under 
Secretary’’ 
and 
inserting 
‘‘Administrator 
of 
the 
Transportation Security Administration’’; and 
(iii) in paragraph (6)— 
(I) in subparagraph (A), by striking ‘‘Not later 
than 60 days after date of enactment of this para-
graph, 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 ‘‘Adminis-
trator of the Transportation Security Administration’’; 
(B) in subsection (d), by striking ‘‘request of the Sec-
retary’’ and inserting ‘‘request of the Secretary of Homeland 
Security’’; and 
(C) in subsection (e)— 
(i) by striking ‘‘Secretary, and the Under Sec-
retary’’ 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 commu-
nity and the Administrator of the Transportation Secu-
rity Administration’’; 
(10) section 44912 is amended— 
(A) in subsection (a)— 
(i) in paragraph (1)— 
(I) by striking ‘‘Under Secretary of Transpor-
tation 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)— 
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132 STAT. 3634 
PUBLIC LAW 115–254—OCT. 5, 2018 
(i) in paragraph (1), by striking ‘‘, as a sub-
committee of the Research, Engineering, and Develop-
ment Advisory Committee,’’; and 
(ii) in paragraph (4), by striking ‘‘Not later than 
90 days after the date of the enactment of the Aviation 
and Transportation Security Act, and every two years 
thereafter,’’ and inserting ‘‘Biennially,’’; 
(C) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator’’; and 
(D) by adding at the end the following: 
‘‘(d) SECURITY AND RESEARCH AND DEVELOPMENT ACTIVITIES.— 
‘‘(1) 
IN
GENERAL.—The 
Administrator 
shall 
conduct 
research (including behavioral research) and development 
activities appropriate to develop, modify, test, and evaluate 
a system, procedure, facility, or device to protect passengers 
and property against acts of criminal violence, aircraft piracy, 
and terrorism and to ensure security. 
‘‘(2) DISCLOSURE.— 
‘‘(A) IN GENERAL.—Notwithstanding section 552 of title 
5, the Administrator shall prescribe regulations prohibiting 
disclosure of information obtained or developed in ensuring 
security under this title if the Secretary of Homeland Secu-
rity decides disclosing the information would— 
‘‘(i) be an unwarranted invasion of personal pri-
vacy; 
‘‘(ii) reveal a trade secret or privileged or confiden-
tial 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 com-
mittee of Congress authorized to have the information. 
‘‘(C) RULE
OF
CONSTRUCTION.—Nothing in subpara-
graph (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 transpor-
tation security. 
‘‘(D) PRIVACY ACT.—Section 552a of title 5 shall not 
apply to disclosures that the Administrator of the Transpor-
tation 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 
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132 STAT. 3635 
PUBLIC LAW 115–254—OCT. 5, 2018 
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 ‘‘Adminis-
trator of the Transportation Security Administration 
(referred to in this section as ‘the Administrator’)’’; 
(ii) by striking paragraph (2); 
(iii) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively; and 
(iv) by striking ‘‘Under Secretary’’ each place it 
appears and inserting ‘‘Administrator’’; and 
(B) in subsection (b), by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Administrator’’; 
(12) section 44914 is amended— 
(A) by striking ‘‘Under Secretary of Transportation for 
Security’’ and inserting ‘‘Administrator of the Transpor-
tation 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 ‘‘Adminis-
trator 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 Secu-
rity’’ and inserting ‘‘Administrator of the Transpor-
tation 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 Sec-
retary for Immigration and Customs Enforcement of 
the Department of Homeland Security’’ and inserting 
‘‘Administrator 
of 
the 
Transportation 
Security 
Administration’’; and 
(ii) in paragraph (3), by striking ‘‘Assistant Sec-
retary’’ each place it appears and inserting ‘‘Adminis-
trator of the Transportation Security Administration’’; 
(16) section 44918 is amended— 
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132 STAT. 3636 
PUBLIC LAW 115–254—OCT. 5, 2018 
(A) in subsection (a)— 
(i) in paragraph (2)(E), by striking ‘‘Under Sec-
retary 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 enact-
ment of the Vision 100—Century of Aviation Reauthor-
ization Act’’ and inserting ‘‘December 12, 2003,’’; 
(B) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘Not later than 
one year after the date of enactment of the Vision 
100—Century of Aviation Reauthorization Act, the’’ 
and inserting ‘‘The’’; and 
(ii) in paragraph (6), by striking ‘‘Federal Air Mar-
shals Service’’ and inserting ‘‘Federal Air Marshal 
Service’’; and 
(C) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator of the Transportation Secu-
rity Administration’’; 
(17) section 44920 is amended— 
(A) in subsection (g)(1), by striking ‘‘subsection (a) or 
section 44919’’ and inserting ‘‘subsection (a)’’; and 
(B) by adding at the end the following: 
‘‘(i) DEFINITION OF ADMINISTRATOR.—In this section, the term 
‘Administrator’ means the Administrator of the Transportation 
Security Administration.’’; 
(18) section 44922 is amended— 
(A) in the heading, by striking ‘‘Deputation’’ and 
inserting ‘‘Deputization’’; 
(B) in subsection (a)— 
(i) in the heading, by striking ‘‘DEPUTATION’’ and 
inserting ‘‘DEPUTIZATION’’; and 
(ii) by striking ‘‘Under Secretary of Transportation 
for Security’’ and inserting ‘‘Administrator of the 
Transportation Security Administration’’; 
(C) in subsection (e), by striking ‘‘deputation’’ and 
inserting ‘‘deputization’’; and 
(D) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator of the Transportation Secu-
rity 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 Secu-
rity Administration’’; 
(C) in subsection (e)— 
(i) by striking paragraph (2); and 
(ii) by striking ‘‘(1) IN GENERAL.—’’; and 
(D) by striking subsection (j); 
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132 STAT. 3637 
PUBLIC LAW 115–254—OCT. 5, 2018 
(20) section 44924 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Under Secretary for Border and 
Transportation Security of the Department of Home-
land Security’’ and inserting ‘‘Administrator of the 
Transportation Security Administration’’; and 
(ii) by striking ‘‘Administrator under’’ and inserting 
‘‘Administrator of the Federal Aviation Administration 
under’’; 
(B) in subsections (b), (c), (d), (e), and (f), by striking 
‘‘Administrator’’ and inserting ‘‘Administrator of the Fed-
eral 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 Secu-
rity Administration’’; 
(21) section 44925 is amended— 
(A) in subsection (b)(1), by striking ‘‘Not later than 
90 days after the date of enactment of this section, the 
Assistant Secretary of Homeland Security (Transportation 
Security Administration)’’ and inserting ‘‘The Administrator 
of the Transportation Security Administration’’; 
(B) in subsection (b), by striking paragraph (3); and 
(C) in subsection (d), by striking ‘‘Assistant Secretary’’ 
each place it appears and inserting ‘‘Administrator of the 
Transportation Security Administration’’; 
(22) section 44926(b)(3) is amended by striking ‘‘an 
misidentified passenger’’ and inserting ‘‘a misidentified pas-
senger’’; 
(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 there-
after,’’ and inserting ‘‘Each year,’’; 
(24) section 44933 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Under Secretary of Transportation 
for Security’’ and inserting ‘‘Administrator of the 
Transportation Security Administration’’; 
(ii) by striking ‘‘Federal Security Manager’’ and 
inserting ‘‘Federal Security Director’’; and 
(iii) by striking ‘‘Managers’’ each place it appears 
and inserting ‘‘Federal Security Directors’’; 
(B) in subsection (b), by striking ‘‘Manager’’ and 
inserting ‘‘Federal Security Director’’; and 
(C) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator of the Transportation Secu-
rity Administration’’; 
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132 STAT. 3638 
PUBLIC LAW 115–254—OCT. 5, 2018 
(25) section 44934 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Under Secretary of Transportation 
for Security’’ and inserting ‘‘Administrator of the 
Transportation Security Administration’’; 
(ii) by striking ‘‘airports. In coordination with the 
Secretary’’ and inserting ‘‘airports. In coordination with 
the Secretary of State’’; 
(iii) by striking ‘‘The Secretary shall give high 
priority’’ and inserting ‘‘The Secretary of State shall 
give high priority’’; and 
(iv) by striking ‘‘Under Secretary’’ each place it 
appears and inserting ‘‘Administrator’’; and 
(B) in subsection (b)— 
(i) in the matter preceding paragraph (1), by 
striking ‘‘Under Secretary’’ and inserting ‘‘Adminis-
trator 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 ‘‘Adminis-
trator’’; 
(B) in subsection (e)— 
(i) in paragraph (1), by striking ‘‘Under Secretary 
of Transportation for Security’’ and inserting ‘‘Adminis-
trator’’; and 
(ii) in paragraph (2)(A)— 
(I) in the matter preceding clause (i)— 
(aa) by striking ‘‘Within 30 days after the 
date of enactment of the Aviation and 
Transportation 
Security 
Act, 
the’’ 
and 
inserting ‘‘The’’; and 
(bb) by inserting ‘‘other’’ before ‘‘provision 
of law’’; and 
(II) 
in 
clause 
(ii), 
by 
striking 
‘‘section 
1102(a)(22)’’ and inserting ‘‘section 101(a)(22)’’; 
(C) in subsection (f)(1), by inserting ‘‘other’’ before 
‘‘provision of law’’; 
(D) in subsection (g)(2), by striking ‘‘Within 60 days 
after the date of enactment of the Aviation and Transpor-
tation Security Act, the’’ and inserting ‘‘The’’; 
(E) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator’’; and 
(F) by adding at the end the following: 
‘‘(l) DEFINITION OF ADMINISTRATOR.—In this section, the term 
‘Administrator’ means the Administrator of the Transportation 
Security Administration.’’; 
(27) section 44936 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Under Secretary of Transportation 
for Security’’ each place it appears and inserting 
‘‘Administrator’’; 
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132 STAT. 3639 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 subpara-
graph (C); 
(B) in subsection (c)(1), by striking ‘‘Under Secretary’s’’ 
and inserting ‘‘Administrator’s’’; 
(C) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator’’; and 
(D) by adding at the end the following: 
‘‘(f) DEFINITION OF ADMINISTRATOR.—In this section, the term 
‘Administrator’ means the Administrator of the Transportation 
Security Administration.’’; 
(28) section 44937 is amended by striking ‘‘Under Secretary 
of Transportation for Security’’ and inserting ‘‘Administrator 
of the Transportation Security Administration’’; 
(29) section 44938 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Under Secretary of Transportation 
for Security’’ and inserting ‘‘Administrator of the 
Transportation Security Administration’’; and 
(ii) by striking ‘‘Secretary of Transportation’’ and 
inserting ‘‘Secretary of Homeland Security’’; and 
(B) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator of the Transportation Secu-
rity 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 Transpor-
tation for Security’’ and inserting ‘‘Administrator 
of the Transportation Security Administration’’; 
and 
(II) by striking the last two sentences; and 
(ii) by adding at the end the following: 
‘‘(2) DETERMINATION OF COSTS.— 
‘‘(A) IN GENERAL.—The amount of the costs under para-
graph (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 PER-
SONNEL.—For purposes of paragraph (1)(A), the term ‘Fed-
eral 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 Administra-
tion’’; 
(C) in subsection (d)— 
(i) in paragraph (1)— 
(I) by striking ‘‘within 60 days of the date 
of enactment of this Act, or’’; and 
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132 STAT. 3640 
PUBLIC LAW 115–254—OCT. 5, 2018 
(II) by striking ‘‘thereafter’’; and 
(ii) in paragraph (2), by striking ‘‘subsection (d)’’ 
each place it appears and inserting ‘‘paragraph (1) 
of this subsection’’; 
(D) in subsection (e)(1), by striking ‘‘FEES
PAYABLE 
TO UNDER SECRETARY’’ in the heading and inserting ‘‘FEES 
PAYABLE TO ADMINISTRATOR’’; and 
(E) in subsection (i)(4)— 
(i) by striking subparagraphs (A) through (D); and 
(ii) by redesignating subparagraphs (E) through 
(L) as subparagraphs (A) through (H), respectively; 
(32) section 44941(a) is amended by inserting ‘‘the Depart-
ment of Homeland Security,’’ after ‘‘Department of Transpor-
tation,’’; 
(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 Transpor-
tation Security may, in consultation with’’ and 
inserting ‘‘The Administrator of the Transportation 
Security Administration may, in consultation with 
other relevant Federal agencies and’’; and 
(II) in subparagraph (A), by striking ‘‘, and’’ 
and inserting ‘‘; and’’; and 
(ii) in paragraph (2), by inserting a comma after 
‘‘Federal Aviation Administration’’; 
(B) in subsection (b)— 
(i) by striking ‘‘(1) PERFORMANCE
PLAN
AND 
REPORT.—’’; 
(ii) by redesignating subparagraphs (A) and (B) 
as paragraphs (1) and (2), respectively; 
(iii) in paragraph (1), as redesignated— 
(I) by redesignating clauses (i) and (ii) as sub-
paragraphs (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 Sec-
retary of Homeland Security, the Administrator 
of the Transportation Security Administration,’’; 
and 
(iv) in paragraph (2), as redesignated, by striking 
‘‘Under Secretary for Transportation Security’’ and 
inserting ‘‘Administrator of the Transportation Security 
Administration’’; 
(34) section 44943 is amended— 
(A) in subsection (a), by striking ‘‘Under Secretary 
for Transportation Security’’ and inserting ‘‘Administrator 
of the Transportation Security Administration’’; 
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132 STAT. 3641 
PUBLIC LAW 115–254—OCT. 5, 2018 
(B) in subsection (b)— 
(i) in paragraph (1)— 
(I) by striking ‘‘Secretary and Under Secretary 
of Transportation for Security’’ and inserting ‘‘Sec-
retary of Homeland Security and Administrator 
of the Transportation Security Administration’’; 
and 
(II) 
by 
striking 
‘‘Under 
Secretary’’ 
and 
inserting ‘‘Administrator of the Transportation 
Security Administration’’; and 
(ii) in paragraph (2)— 
(I) by striking ‘‘Under Secretary’’ the first place 
it appears and inserting ‘‘Administrator of the 
Transportation Security Administration’’; and 
(II) by striking ‘‘Under Secretary shall’’ each 
place it appears and inserting ‘‘Administrator 
shall’’; and 
(C) in subsection (c), by striking ‘‘Aviation Security 
Act, the Under Secretary for Transportation Security’’ and 
inserting ‘‘Aviation and Transportation Security Act (Public 
Law 107–71; 115 Stat. 597), the Administrator of the 
Transportation Security Administration’’; 
(35) section 44944 is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘Under Secretary 
of Transportation for Transportation Security’’ and 
inserting ‘‘Administrator of the Transportation Security 
Administration’’; and 
(ii) in paragraph (4), by inserting ‘‘the Adminis-
trator of the Federal Aviation Administration,’’ after 
‘‘consult with’’; and 
(B) by striking ‘‘Under Secretary’’ each place it appears 
and inserting ‘‘Administrator of the Transportation Secu-
rity Administration’’; 
(36) section 44945(b) is amended by striking ‘‘Assistant 
Secretary’’ each place it appears and inserting ‘‘Administrator 
of the Transportation Security Administration’’; and 
(37) section 44946 is amended— 
(A) in subsection (g)— 
(i) by striking paragraph (2); 
(ii) by redesignating paragraph (1) as paragraph 
(2); and 
(iii) by inserting before paragraph (2), as redesig-
nated, 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 Secu-
rity Stakeholder Participation Act of 2014, the’’ and 
inserting ‘‘The’’. 
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132 STAT. 3642 
PUBLIC LAW 115–254—OCT. 5, 2018 
(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 Adminis-
trator 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 Avia-
tion Administration’’; 
(3) in each of sections 46101(a)(1), 46102(a) 46103(a), 
46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking 
‘‘by the Administrator)’’ and inserting ‘‘by the Administrator 
of the Federal Aviation Administration)’’; 
(4) in each of sections 46101, 46102, 46103, 46104, 46105, 
46107, and 46110 by striking ‘‘Under Secretary,’’ each place 
it appears and inserting ‘‘Administrator of the Transportation 
Security Administration,’’; 
(5) in section 46102— 
(A) in subsection (b), by striking ‘‘the Administrator’’ 
each place it appears and inserting ‘‘the Administrator 
of the Federal Aviation Administration’’; 
(B) in subsection (c), by striking ‘‘and Administrator’’ 
each place it appears and inserting ‘‘and Administrator 
of the Federal Aviation Administration’’; and 
(C) in subsection (d), by striking ‘‘the Administrator, 
or an officer or employee of the Administration’’ in sub-
section (d) and inserting ‘‘the Administrator of the Federal 
Aviation Administration, or an officer or employee of the 
Federal Aviation Administration’’; 
(6) in section 46104— 
(A) by striking ‘‘subpena’’ each place it appears and 
inserting ‘‘subpoena’’; and 
(B) in subsection (b)— 
(i) in the heading, by striking ‘‘SUBPENAS’’ and 
inserting ‘‘SUBPOENAS’’; and 
(ii) by striking ‘‘the Administrator, or’’ and 
inserting ‘‘the Administrator of the Federal Aviation 
Administration, or’’; 
(7) in section 46105(c), by striking ‘‘When the Adminis-
trator’’ 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 
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132 STAT. 3643 
PUBLIC LAW 115–254—OCT. 5, 2018 
the Administrator of the Transportation Security Administra-
tion or the Administrator of the Federal Aviation Administra-
tion with respect to aviation safety duties and powers des-
ignated to be carried out by the Administrator)’’ after ‘‘Secretary 
of Transportation’’; and 
(9) in section 46111— 
(A) in subsection (a)— 
(i) by inserting ‘‘the’’ before ‘‘Federal Aviation 
Administration’’; 
(ii) by striking ‘‘Administrator is’’ and inserting 
‘‘Administrator of the Federal Aviation Administration 
is’’; and 
(iii) by striking ‘‘Under Secretary for Border and 
Transportation Security of the Department of Home-
land 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 Secu-
rity Administration’’. 
(g) CHAPTER 463 AMENDMENTS.—Chapter 463 is amended— 
(1) in section 46301— 
(A) in subsection (a)(5)— 
(i) in subparagraph (A)(i), by striking ‘‘or chapter 
451’’ and inserting ‘‘chapter 451’’; and 
(ii) in subparagraph (D), by inserting ‘‘of Transpor-
tation’’ after ‘‘Secretary’’; 
(B) in subsection (d)— 
(i) in paragraph (2)— 
(I) by striking ‘‘defined by the Secretary’’ and 
inserting ‘‘defined by the Secretary of Transpor-
tation’’; 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 Adminis-
tration’’; and 
(E) in subsection (h)(2)— 
(i) by striking ‘‘Under Secretary of Transportation 
for Security with respect to security duties and powers 
designated to be carried out by the Under Secretary’’ 
and inserting ‘‘Administrator of the Transportation 
Security Administration with respect to security duties 
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132 STAT. 3644 
PUBLIC LAW 115–254—OCT. 5, 2018 
and powers designated to be carried out by the 
Administrator of the Transportation Security Adminis-
tration’’; 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 Adminis-
tration with respect to aviation safety duties and 
powers designated to be carried out by the Adminis-
trator 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 Fed-
eral Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Adminis-
trator of the Federal Aviation Administration’’; 
(3) in section 46311— 
(A) in subsection (a)— 
(i) in the matter preceding paragraph (1)— 
(I) by striking ‘‘Under Secretary of Transpor-
tation 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 Fed-
eral Aviation Administration with respect to avia-
tion safety duties and powers designated to be 
carried out by the Administrator’’ and inserting 
‘‘or the Administrator of the Federal Aviation 
Administration with respect to aviation safety 
duties and powers designated to be carried out 
by the Administrator of the Federal Aviation 
Administration’’; 
(III) by striking ‘‘Administrator shall’’ and 
inserting ‘‘Administrator of the Federal Aviation 
Administration shall’’; and 
(IV) by striking ‘‘Administrator,’’ and inserting 
‘‘Administrator of the Federal Aviation Adminis-
tration,’’; and 
(ii) in paragraph (1), by striking ‘‘Administrator’’ 
and inserting ‘‘Administrator of the Federal Aviation 
Administration’’; 
(B) in subsections (b) and (c), by striking ‘‘Adminis-
trator’’ 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 Secu-
rity Administration’’; 
(4) in section 46313— 
(A) by striking ‘‘Under Secretary of Transportation for 
Security with respect to security duties and powers des-
ignated to be carried out by the Under Secretary’’ and 
inserting ‘‘Administrator of the Transportation Security 
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132 STAT. 3645 
PUBLIC LAW 115–254—OCT. 5, 2018 
Administration with respect to security duties and powers 
designated to be carried out by the Administrator of the 
Transportation Security Administration’’; 
(B) by striking ‘‘or the Administrator of the Federal 
Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the 
Administrator’’ and inserting ‘‘or the Administrator of the 
Federal Aviation Administration with respect to aviation 
safety duties and powers designated to be carried out by 
the Administrator of the Federal Aviation Administration’’; 
and 
(C) by striking ‘‘subpena’’ and inserting ‘‘subpoena’’; 
and 
(5) in section 46316(a)— 
(A) by striking ‘‘Under Secretary of Transportation for 
Security with respect to security duties and powers des-
ignated to be carried out by the Under Secretary’’ and 
inserting ‘‘Administrator of the Transportation Security 
Administration with respect to security duties and powers 
designated to be carried out by the Administrator of the 
Transportation Security Administration’’; and 
(B) by striking ‘‘or the Administrator of the Federal 
Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the 
Administrator’’ and inserting ‘‘or the Administrator of the 
Federal Aviation Administration with respect to aviation 
safety duties and powers designated to be carried out by 
the Administrator of the Federal Aviation Administration’’. 
(h) CHAPTER 465 AMENDMENTS.—Chapter 465 is amended— 
(1) in section 46505(d)(2), by striking ‘‘Under Secretary 
of Transportation for Security’’ and inserting ‘‘Administrator 
of the Transportation Security Administration’’; and 
(2) in the table of contents for chapter 465 of subtitle 
VII, by striking the following: 
‘‘46503. Repealed.’’. 
(i) CHAPTER 483 REPEAL.— 
(1) IN GENERAL.—Chapter 483 is repealed. 
(2) CONFORMING AMENDMENT.—The table of contents for 
subtitle VII is amended by striking the following: 
‘‘483. Aviation security funding ............................................................................48301’’. 
(j) AUTHORITY TO EXEMPT.— 
(1) IN GENERAL.—Subchapter II of chapter 449 is amended 
by inserting before section 44933 the following: 
‘‘§ 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. 
‘‘§ 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 nec-
essary to carry out this chapter and chapters 461, 463, and 465 
49 USC 44932 
note. 
49 USC 44931 
note. 
49 USC 
prec. 40101. 
49 USC 
prec. 8301. 
49 USC 8301. 
49 USC 
prec. 46501. 
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132 STAT. 3646 
PUBLIC LAW 115–254—OCT. 5, 2018 
of this title, including conducting investigations, prescribing regula-
tions, standards, and procedures, and issuing orders. 
‘‘(b) INDEMNIFICATION.—The Administrator of the Transpor-
tation 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 ‘‘Depu-
tation’’ and inserting ‘‘Deputization’’; and 
(2) by inserting after section 44941 the following: 
‘‘44942. Performance goals and objectives. 
‘‘44943. Performance management system.’’. 
SEC. 1993. OTHER LAWS; INTELLIGENCE REFORM AND TERRORISM 
PREVENTION ACT OF 2004. 
Section 4016(c) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (49 U.S.C. 44917 note) is amended— 
(1) in paragraph (1), by striking ‘‘Assistant Secretary for 
Immigration 
and 
Customs 
Enforcement’’ 
and 
inserting 
‘‘Administrator of the Transportation Security Administration’’; 
and 
(2) in paragraph (2), by striking ‘‘Assistant Secretary for 
Immigration and Customs Enforcement and the Director of 
Federal Air Marshal Service of the Department of Homeland 
Security, in coordination with the Assistant Secretary of Home-
land 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, direc-
tives, or delegations of authority that precede the effective date 
49 USC 114 note. 
49 USC 
prec. 44901. 
49 USC 
prec. 44901. 
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132 STAT. 3647 
PUBLIC LAW 115–254—OCT. 5, 2018 
LEGISLATIVE HISTORY—H.R. 302 (S. 808): 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): Jan. 9, considered and passed House. 
Vol. 164 (2018): Sept. 6, considered and passed Senate, amended. 
Sept. 26, House concurred in Senate amendment with an 
amendment pursuant to H. Res. 1082. 
Sept. 28, Oct. 1–3, Senate considered and concurred in House 
amendment. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Oct. 5, Presidential statement. 
of this Act shall be deemed to refer, as appropriate, to the Adminis-
trator of the Transportation Security Administration. 
Approved October 5, 2018. 
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