H.R.302 - FAA Reauthorization Act of 2018115th Congress (2017-2018)
|Sponsor:||Rep. Guthrie, Brett [R-KY-2] (Introduced 01/05/2017)|
|Committees:||House - Energy and Commerce | Senate - Health, Education, Labor, and Pensions|
|Latest Action:||10/05/2018 Became Public Law No: 115-254. (TXT | PDF) (All Actions)|
|Roll Call Votes:||There have been 2 roll call votes|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.302 — 115th Congress (2017-2018)All Information (Except Text)
FAA Reauthorization Act of 2018 DIVISION A--SPORTS MEDICINE LICENSURE Sports Medicine Licensure Clarity Act of 2018 (Sec. 12) The bill extends the liability insurance coverage of a state-licensed medical professional to another state when the professional provides medical services to an athlete, athletic team, or team staff member pursuant to a written agreement. Prior to providing such services, the medical professional must disclose to the insurer the nature and extent of the services. This extension of coverage does not apply at a health care facility or while a medical professional licensed in the state is transporting the injured individual to a health care facility. DIVISION B--FAA REAUTHORIZATION ACT OF 2018 (Sec. 101) In this division, the term "appropriate committees of Congress" means the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation. TITLE I--AUTHORIZATIONS Subtitle A--Funding of FAA Programs (Sec. 111) The bill reauthorizes airport planning and development and noise compatibility planning and programs for FY2018-FY2023 at current levels. (Sec. 112) The bill reauthorizes at increased levels funding from the Airport and Airway Trust Fund for air navigation facilities and equipment for FY2018-FY2023. It also authorizes additional expenditures, including for: (1) the remediation and elimination of identified cybersecurity vulnerabilities in the air traffic control system, (2) the construction of facilities dedicated to improving the cybersecurity of the National Airspace System, and (3) the modernization and digitization of the Civil Aviation Registry. (Sec. 113) The bill reauthorizes funding for salaries, operations, and maintenance of the Federal Aviation Administration (FAA) at increased levels for FY2018-FY2023. It also authorizes funding for commercial space transportation activities for FY2018-FY2023 and extends the authority to reduce funding for nonsafety-related activities to meet expenses for FAA salaries, operations, and maintenance. (Sec. 114) The bill reauthorizes the aviation weather reporting programs for FY2019-FY2023. (Sec. 115) The bill repeals provisions allowing adjustments to Airport Improvement Program (AIP) funding. (Sec. 116) The bill extends through FY2018 funding for Airport and Airway Trust Fund aviation programs. (Sec. 117) The bill extends funding through FY2023 for: (1) grants for sponsors of airports in the Marshall Islands, Micronesia, and Palau; (2) compatible land use planning and projects by state and local governments; (3) Midway Island Airport; and (4) the pilot program for redevelopment of airport properties. Subtitle B--Passenger Facility Charges (Sec. 121) The bill revises Department of Transportation (DOT) authority to impose passenger facility charges and extends the pilot program for passenger facility charges to nonhub airports. (Sec. 122) DOT shall provide for a study to assess the infrastructure needs of airports and make recommendations to upgrade the national aviation infrastructure system. The study shall separately evaluate the infrastructure of the large hub airports identified in the National Plan of Integrated Airport Systems. (Sec. 123) The FAA shall publish in the Federal Register a final policy amendment relating to the eligibility of airport ground access transportation projects for funding under the passenger facility charge program. Subtitle C--Airport Improvement Program Modifications (Sec. 131) The bill terminates on October 1, 2023, the authority of DOT to approve an application for an airport development project grant for a large or medium hub airport that requires certain assurances and information from the airport sponsor. The grant requirements do not apply to the construction of recreational aircraft or the use of airport property for a recreational purpose. (Sec. 132) The bill conditions airport development project grants in FY2021 and thereafter on DOT receiving written assurances that a medium or large hub airport owner or operator will maintain a lactation area in the sterile area of each airport terminal and a baby changing table in one men's and one women's rest room in each passenger terminal. (Sec. 133) The bill expands provisions relating to the contract tower program, including criteria to evaluate participants in the program and for cost-benefit determinations. (Sec. 134) The bill revises provisions relating to the federal government's share of aviation project costs. (Sec. 135) The bill updates criteria for the veterans' preference for carrying out airport development projects. (Sec. 136) DOT must use highway specifications of a state for airfield pavement construction and improvement using funds made available at nonprimary airports serving aircraft that do not exceed 60,000 gross weight if the state requests the use of such specifications and DOT determines that safety and the life span of the pavement will not be negatively affected. (Sec. 137) The bill revises eligibility requirements of any current and former military airport for grants to require such airports to be a nonhub primary airport and have been owned by the Department of Defense after December 31, 1965. (Sec. 138) DOT may include closed circuit TV projects in the airport improvement program. (Sec. 139) The bill increases the number of states eligible to participate in DOT block grant programs. (Sec 140) The bill authorizes the FAA to carry out a pilot program for the installation of qualifying nonmovement area surveillance surface display systems and sensors to improve safety. A "nonmovement area surveillance surface display systems and sensors" means a nonfederal surveillance system that uses on-airport sensors that track vehicles or aircraft that are equipped with transponders in the airfield surface that is not under air traffic control. This authorization expires on October 1, 2023. (Sec. 142) The FAA shall initiate a study on technology usage at airports. (Sec. 143) The Government Accountability Office (GAO) shall study: (1) the exception allowing diversion of airport revenue from payment of capital or operating costs, and (2) the effect of granting an exclusive right of aeronautical services to an airport sponsor. (Sec. 145) The bill expresses the sense of Congress that the FAA and DOT should produce a smart airports initiative plan that focuses on creating a more consumer-friendly and digitally-connected airport experience. (Sec. 146) The FAA shall issue a request for a proposal for a study on critical airfield markings. (Sec. 147) The bill allows an airport to transfer, without consideration, to the FAA an eligible air traffic system or equipment that conforms to performance specifications if a government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing the system or equipment. The FAA may not require an airport owner or sponsor to provide to the FAA without costs any: (1) building construction, maintenance, utilities, or expenses for services relating to air traffic control, air navigation, or weather reporting; and (2) space in a facility owned by the airport owner or sponsor for services relating to air traffic control, air navigation, or weather reporting. (Sec. 148) The bill expands conditions for approval of DOT project grant applications to require projects listed as having an unclassified status to be funded by apportionments. The projects must be for the maintenance of the pavement of the primary runway, for obstruction removal and rehabilitation of the primary runway, or for a project DOT considers necessary for the safe operation of the airport. (Sec. 149) DOT must, in evaluating the master plan of an airport, take into account the role the airport plays with respect to medical emergencies and evacuations and in emergency or disaster preparedness in communities served by the airport. (Sec. 150) The bill defines "small business concern" for purposes of minority and disadvantaged business participation in aviation grant programs. (Sec. 151) The special rule under apportionments provisions is revised and made applicable for FY2018-FY2020. Such provisions are expanded to include provisions concerning limitations and waivers and minimum apportionment for commercial service airports with more than 8,000 passenger boardings in a calendar year.
Public Law No: 115-254 (10/05/2018)
(Sec. 152) DOT may provide grants to an airport sponsor participating in the contract tower program for the construction or improvement of a nonapproach control tower and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower.
(Sec. 153) The preferential employment of Indians living on or near a reservation on a project or contract at certain airports is included in nondiscrimination provisions.
(Sec. 154) In making grants to sponsors under small airport fund provisions, DOT shall give priority consideration to mass grading and associated structural support at mountaintop airports, provided that the airport would not otherwise have sufficient surface area for eligible and justified airport development projects or additional hangar space.
(Sec. 155) Certain expired apportioned amounts are added to the DOT discretionary fund, provided certain conditions are met.
(Sec. 156) The FAA, to the extent practicable, shall schedule its review of construction projects so that projects to be carried out in the states in which the weather during a typical calendar year prevents major construction projects from being carried out before May 1 are reviewed as early as possible.
(Sec. 157) The FAA shall ensure that each airport that participates in the airport disadvantaged business enterprise program tracks, and reports to it the number of covered complaints made in relation to activities at that airport. The FAA shall take actions to assess and improve compliance with prompt payment requirements.
(Sec. 158) DOT shall establish a program to provide grants for any purpose for which amounts are made available to carry out airport improvement.
(Sec. 159) A State or its political subdivision may not impose a levy or collect a tax, fee, or charge upon any business located at a commercial service airport that is not generally imposed on sales or services by that State or unless wholly utilized for airport or aeronautical purposes.
(Sec. 160) The pilot program on private ownership of airports is converted into the airport investment partnership program and modified.
(Sec. 161) The FAA shall establish a pilot program at public-use airports to construct and operate remote towers in order to assess their operational benefits.
(Sec. 162) For FY2018-FY2023, the definition of airport development includes the construction of a storage facility to shelter snow removal equipment or aircraft rescue and firefighting equipment that is owned by an airport sponsor and used exclusively to maintain safe airfield operations, up to the facility size necessary to accommodate the types and quantities of equipment prescribed by the FAA, regardless of whether federal funding was used to acquire the equipment.
The definition of "terminal development" includes the development of an airport access road that: (1) is located in a noncontiguous state, (2) is not more than five miles in length, (3) connects to the nearest public roadways of not more than the two closest census designated places, and (4) 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) DOT may not, with exceptions, 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.
(Sec. 164) If DOT determines that a commercial service airport with at least 8,000 passenger boardings receives scheduled air carrier service for fewer than six months in the calendar year used to calculate apportionments to airport sponsors in a fiscal year, then DOT shall consider the airport to be a nonhub primary airport for purposes of airport development.
(Sec. 166) The inherently low-emission airport vehicle pilot program and the airport ground support equipment emissions retrofit pilot program are repealed.
(Sec. 167) If DOT determines that it is necessary to waive the requirement for using steel and manufactured goods in projects produced in the United States based on a finding warranting a waiver of such requirement, it shall: (1) make publicly available a detailed written justification of the waiver determination on its website; and (2) provide an informal public notice and comment opportunity on the waiver determination.
Subtitle D--Airport Noise and Environmental Streamlining
(Sec. 171) Cost reimbursements are provided to airport sponsors for airport energy efficiency assessments.
(Sec. 172) The FAA 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 four medium hub airports or nonhub airports under certain circumstances.
(Sec. 173) The FAA shall complete the ongoing evaluation of alternative metrics to the current Day Night Level (DNL) 65 standard.
(Sec. 174) Requirements regarding the timing of the submission of noise exposure maps by airport operators are added.
(Sec. 175) 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 FAA shall consider the feasibility of dispersal headings or other lateral track variations to address community noise concerns.
(Sec. 176) The FAA shall complete a review of its community involvement practices for Next Generation Air Transportation System (NextGen) projects located in metroplexes identified by it.
(Sec. 177) DOT shall arrange for the National Research Council to study aviation gasoline.
(Sec. 178) The FAA shall provide a briefing to the appropriate congressional committees on the status of Terminal Sequencing and Spacing (TSAS) implementation across all completed NextGen metroplexes with specific information provided by airlines regarding the adoption and equipping of aircraft and the training of pilots in its use.
(Sec. 179) The FAA shall initiate a study to review and evaluate existing studies and analyses of the relationship between jet aircraft approach and takeoff speeds and corresponding noise impacts on communities surrounding airports.
(Sec. 180) The regional administrator for each FAA region shall designate an individual to be the regional ombudsman for the region. Each regional ombudsman shall serve as a regional liaison with the public on issues regarding aircraft noise, pollution, and safety and make recommendations to the FAA to address concerns raised by the public.
(Sec. 181) The FAA shall: (1) exercise leadership in the creation of federal and international policies relating to the certification and safe and efficient operation of civil supersonic aircraft, (2) issue a notice of proposed rulemaking to revise noise standards to include supersonic aircraft, and (3) issue a notice of proposed rulemaking to modernize the application process for a person applying to operate a civil aircraft at supersonic speeds for the purposes stated in that rule
(Sec. 182) The FAA shall provide notice of, and an opportunity for, at least 60 days of public comment with respect to the regulations concerning the mandatory use of the New York North Shore Helicopter Route.
The FAA shall initiate a review of such regulations 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) At the request of a state, DOT shall provide technical assistance to the state in developing standards acceptable to DOT for pavement on nonprimary public-use airports in the state.
(Sec.184) DOT may make grants for an airport participating in the pilot program on private ownership of airports.
(Sec. 185) Certain deed agreements granting through-the-fence access to general aviation airports are grandfathered.
(Sec. 186) The GAO shall review the potential benefits, costs, and other impact that would result from a phaseout of covered stage 3 aircraft. A "covered stage 3 aircraft" means a civil subsonic jet aircraft that is not capable of meeting stage 4 noise levels in the Code of Federal Regulations.
(Sec. 187) The FAA shall conclude its ongoing review of the relationship between aircraft noise exposure and its effects on communities around airports.
(Sec. 188) The FAA 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.
(Sec. 189) The FAA shall enter into an agreement with an institution of higher education to study the health impacts of noise from aircraft flights on residents exposed to a range of noise levels from such flights.
(Sec. 190) DOT may carry out a pilot program involving not more than six environmental mitigation projects to reduce or mitigate aviation impacts on noise, air quality, or water quality at the airport or within five miles of the airport.
(Sec. 191) DOT shall develop and implement an expedited and coordinated environmental review process for airport capacity enhancement projects at general aviation airport construction or improvement projects.
(Sec. 192) The inherently low-emission airport vehicle pilot program is revised into the zero-emission vehicles and technology pilot program.
TITLE II--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
(Sec. 201) The bill sets forth definitions for this title, including "systems safety approach" which means the application of specialized technical and managerial skills to the systematic, forward-looking identification and control of hazards throughout the lifecycle of a project, program, or activity.
(Sec. 202) DOT shall establish a Safety Oversight and Certification Advisory Commission to provide advice to DOT on policy-level issues related to FAA safety oversight and certification programs, including aircraft and flight standards certification processes, risk-based oversight efforts, training programs, and enhancing the global competitiveness of U.S. aviation products and services.
Subtitle B--Aircraft Certification Reform
(Sec. 211) The FAA shall establish performance objectives and apply and track performance metrics for the FAA and the aviation industry relating to aircraft certification.
(Sec. 212) The FAA shall: (1) require a procedures manual that addresses all procedures and limitations regarding the functions to be performed by the organization designation authorization (ODA) holder; (2) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless it determines that the public interest and safety of air commerce requires a limitation with respect to one or more of the functions; (3) conduct regular oversight activities; and (4) for each function that is limited work with the ODA holder to develop the ODA holder's capability to execute that function safely and effectively and return to full authority status.
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 to provide oversight and ensure the consistency of the FAA's audit functions under the ODA program across the FAA.
(Sec. 213) The FAA shall convene a multidisciplinary expert review panel to: (1) conduct a survey of ODA holders and ODA program applicants to document and assess FAA certification and oversight activities, and (2) make appropriate recommendations.
(Sec. 214) The FAA shall establish an effective, timely, and milestone-based issue resolution process for type certification activities.
(Sec. 215) The GAO shall initiate a review of the FAA's implementation of the final rule titled ''Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes.''
(Sec. 216) The FAA shall submit to the appropriate congressional committees a report on its 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, (3) developing agreements and processes for sharing resources to ensure adequate oversight of ODA personnel performing certification and inspection work at supplier and company facilities, and (4) ensuring full utilization of ODA authority.
Subtitle C--Flight Standards Reform
(Sec. 221) The FAA shall establish performance objectives and apply and track performance metrics for the FAA and the aviation industry relating to flight standards activities.
(Sec. 222) The FAA shall establish the FAA Task Force on Flight Standards Reform to, among other things, simplify and streamline flight standards regulatory processes.
(Sec. 223) The FAA shall establish a centralized safety guidance database that will: (1) encompass all of the regulatory guidance documents of the FAA Office of Aviation Safety; (2) contain, for each such guidance document, a link to the Code of Federal Regulations provision to which the document relates; and (3) be publicly available in a manner that prevents inappropriate disclosure of proprietary information.
(Sec. 224) The FAA shall establish a Regulatory Consistency Communications Board to establish processes by which FAA personnel and persons regulated by the FAA may submit anonymous regulatory interpretation questions without fear of retaliation.
Subtitle D--Safety Workforce
(Sec. 231) The FAA shall review and revise its safety workforce training strategy to ensure that such strategy, among other things, aligns with an effective risk-based approach to safety oversight and best uses available resources.
(Sec. 232) The GAO shall conduct a review to assess the workforce and training needs of the FAA Office of Aviation Safety in the anticipated budgetary environment.
Subtitle E--International Aviation
(Sec. 241) DOT shall take appropriate actions to, among other things, promote U. S. aerospace-related safety standards abroad and facilitate and vigorously defend approvals of U. S. aerospace products and services abroad.
(Sec. 242) The FAA may accept an airworthiness directive issued by an aeronautical safety authority of a foreign country, and leverage that authority's regulatory process under certain conditions.
(Sec. 243) To promote U.S. aerospace safety standards, reduce redundant regulatory activity, and facilitate acceptance of FAA design and production approvals abroad, the FAA shall, among other tasks, 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.
(Sec. 244) The FAA may establish and collect a fee from a foreign government or entity for services related to certain certifications, regardless of where the services are provided, if the fee: (1) is established and collected in a manner consistent with aviation safety agreements, and (2) does not exceed the estimated costs of the services.
Subtitle A--General Provisions
(Sec. 302) The FAA, in collaboration with the exclusive bargaining representatives of covered FAA personnel, shall establish an e-learning training pilot program.
(Sec. 303) The FAA shall update its safety critical staffing model to determine the number of aviation safety inspectors that will be needed to fulfill its safety oversight mission. The DOT Inspector General shall conduct an audit of the staffing model.
(Sec. 304) The FAA shall exercise leadership on creating a global approach to improving aircraft tracking by working with foreign counterparts of the FFA, international organizations and fora, and the private sector.
(Sec. 305) The FAA shall initiate an assessment of aircraft data access and retrieval systems for part 121 air carrier aircraft that are used in extended overwater operations to: (1) determine if the systems provide improved access and retrieval of aircraft data and cockpit voice recordings in the event of an aircraft accident, and (2) assess the cost effectiveness of each system assessed.
(Sec. 306) The FAA shall initiate a review of advanced cockpit displays, including heads-up display systems, heads-down display systems employing synthetic vision systems, and enhanced vision systems.
(Sec. 307) The FAA shall evaluate and revise regulations regarding emergency medical equipment, including the contents of first-aid kits, applicable to all certificate holders operating passenger aircraft. In making its evaluation, the FAA must consider whether such equipment meets the emergency medical needs of children and pregnant women.
(Sec. 308) The FAA, in coordination with the National Transportation Safety Board, shall initiate a study of general aviation safety.
(Sec. 309) The FAA 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.
(Sec. 310) It is the sense of Congress that the FAA collaborate with other aviation authorities to advance a global standard for access to air carrier flight decks and redundancy requirements consistent with the flight deck access and redundancy requirements in the United States.
(Sec. 311) The FAA shall: (1) determine, in collaboration with the National Transportation Safety Board and part 135 (title 14, part 135 of the Code of Federal Regulations) industry stakeholders, what additional data should be reported as part of an accident or incident notice to more accurately measure the safety of on demand part 135 aircraft activity, pinpoint safety problems, and form the basis for critical research and analysis of general aviation issues; and (2) provide a briefing to the appropriate congressional committees on such findings.
(Sec. 312) 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.
(Sec. 313) The FAA 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. The study shall cover, at a minimum, one large, medium, and small hub airport.
(Sec. 314) The FAA, in collaboration with helicopter air ambulance industry stakeholders, shall assess the availability of information to the general public related to the location of heliports and helipads used by helicopters providing air ambulance services, including helipads and helipads outside of those listed as part of any existing databases of Airport Master Record (5010) forms.
(Sec. 315) The FAA shall convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, pilot rest and duty rules.
(Sec. 316) The FAA shall report on the National Test Equipment Program of the FAA with a plan to replace obsolete equipment.
(Sec. 317) The bill prohibits any person from operating certain rotorcrafts in U.S. airpace unless the design of the rotorcraft is certified by the FAA to meet specified requirements.
(Sec. 318) Commercial Balloon Pilot Safety Act of 2018
The FAA shall revise regulations relating to second-class medical certificates to apply to an operator of an air balloon to the same extent such regulations apply to a pilot flight crewmember of other aircraft.
(Sec. 319) The FAA shall assign to the Aviation Rulemaking Advisory Committee the task of reviewing all regulations and policies related to designated pilot examiners.
(Sec. 320) The bill establishes a presumption that an individual's voluntary report of an operational or maintenance issue related to aviation safety meets the criteria for acceptance as a valid report under the aviation safety action program.
(Sec. 321) The FAA shall conduct an evaluation of providing additional ground based transmitters for Automatic Dependent Surveillance-Broadcasts (ADS-B) to provide a minimum operational network in Alaska along major flight routes.
(Sec. 322) The FAA shall permit an air carrier 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 is available, and an alternate airport that has a weather report is specified. The operator shall have approved procedures for departure and en route weather evaluation.
(Sec. 323) The FAA shall conduct a review of current safety procedures regarding unoccupied exit rows on a covered aircraft during all stages of flight.
(Sec. 324) The GAO shall study, and report on, FAA enforcement policy.
(Sec. 325) The FAA shall submit to the appropriate congressional committees an annual report on airline safety oversight.
(Sec. 326) The FAA shall establish and make publicly available educational materials for flight attendants, pilots, and aircraft maintenance technicians on how to respond to incidents on board aircraft involving smoke or fumes. The FAA shall issue guidance for flight attendants, pilots, and aircraft maintenance technicians to report incidents of smoke or fumes on board an aircraft operated by a commercial air carrier and with respect to the basis on which commercial air carriers shall report such incidents through the Service Difficulty Reporting System. The FAA shall commission a study by the Airliner Cabin Environment Research Center of Excellence to, among other things, identify and measure the constituents and levels of constituents resulting from bleed air in the cabins of a representative set of commercial aircraft and to assess the potential health effects of such constituents on passengers and cabin and flight deck crew.
(Sec. 327) The FAA shall: (1) identify airports that are currently served by FAA towers with nonradar approach and departure control (type 4 classification in the FAA OPSNET); and (2) develop an implementation plan, which takes into account budgetary and flight volume considerations, to provide an identified airport with approach control radar.
(Sec. 328) The FAA shall submit to the appropriate congressional committees a report on airline and passenger safety, including information the average age of U.S. commercial aircraft and the impact of metal fatigue on aircraft usage and safety.
(Sec. 329) The FAA shall, to the maximum extent possible and consistent with federal law, and based on public input, ensure that regulations, guidance, and policies issued by it are issued in the form of performance-based standards, providing an equal or higher level of safety.
(Sec. 330) The FAA shall submit to the appropriate congressional committees a report that: (1) identifies safety risks associated with power outages at airports caused by weather or other factors, and recommends actions to improve resilience of aviation communication, navigation, and surveillance systems in the event of such outages; and (2) reviews alerting mechanisms, devices, and procedures for enhancing the situational awareness of pilots and air traffic controllers in the event of a failure or an irregularity of runway lights.
(Sec. 331) The DOT Inspector General shall review the FAA's Aviation Safety Information Analysis and Sharing system to assess its efforts and plans to improve the system.
(Sec. 332) The FAA, 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 Environmental Protection Agency, aircraft manufacturers and airports, shall not require the use of fluorinated chemicals to meet certain acceptable performance standards.(Sec. 333) DOT shall conform 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 (ICAO) Technical Instructions, including revised standards and revisions adopted by the ICAO.
(Sec. 334) The FAA shall submit to the appropriate congressional committees a report on improving runway safety.
(Sec. 335) DOT shall modify the final FAA rule relating to flight attendant duty period limitations and rest requirements in accordance with the requirements of this bill. Air carriers shall submit to the FAA for review and acceptance a fatigue risk management plan for the carrier's flight attendants. The plan must be updated every two years.
(Sec. 336) Saracini Aviation Safety Act of 2018
The FAA shall issue an order requiring installation of a secondary cockpit barrier on each new aircraft that is manufactured for delivery to a passenger air carrier.
(Sec. 337) The FAA shall review evacuation certification of transport-category aircraft used in air transportation and recent accidents and incidents in which passengers evacuated such aircraft.
(Sec. 338) It is the sense of Congress that air carriers should have policies and procedures to address sexual misconduct and that perpetrators should be held accountable under the law.
(Sec. 339) The bill increases civil penalties for interference with cabin or flight crew.
(Sec. 339A) The DOT shall establish a National In-Flight Sexual Misconduct 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 on passenger airline flights. .
(Sec. 339B) The Department of Justice shall establish a streamlined process to report allegations of sexual misconduct onboard aircraft to law enforcement in a manner that protects the privacy and confidentiality of individuals involved in such allegations.
Subtitle B--Unmanned Aircraft Systems
(Sec. 341) The appropriate committees of Congress are the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation. An "unmanned aircraft" is an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (i.e., a drone). DOT shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system and shall make available a five-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system. DOT must update the comprehensive plan.
(Sec. 343) The FAA must carry out and update a program for the use of test ranges to facilitate the safe integration of drones into the national airspace system.
(Sec. 344) DOT must develop a plan to designate permanent areas in the Arctic where drones may operate 24 hours per day for research and commercial purposes.
(Sec. 345) The FAA must adopt safety standards for drones using specified criteria.
(Sec. 346) DOT shall issue guidance regarding the operation of drone to streamline and expedite the process for the issuance of a certificate or waiver, facilitate the capability of public agencies to develop and use test ranges, and provide guidance of an agency's responsibilities when operating a drone without a civil airworthiness certificate issued by the FAA. The FAA may issue guidance regarding the use of public actively tethered unmanned aircraft systems subject to specified requirements.
(Sec. 347) DOT shall use a risk-based approach to determine if certain drones may operate safely in the national airspace system notwithstanding completion of the comprehensive plan or guidance provided by this bill.
(Sec. 348) The FAA must update existing regulations to authorize the carriage of property by drone operators for compensation or hire within the United States.
(Sec. 349) The bill provides an exception from certification requirements for drones flown for recreational purposes and meets other requirements. It also allows the use of drones at institutions of higher education for educational or research purposes.
(Sec. 351) DOT may establish a pilot program to accelerate existing drone integration plans by working to solve technical, regulatory, and policy challenges.
(Sec. 352) The FAA shall publish on its website a representative sample of the safety justifications offered by applicants for waivers and authorizations that have been approved by the FAA, except that any published justification shall not reveal proprietary or commercially sensitive information.
(Sec. 353) It is the sense of Congress that the use of drones by civil and public operators is important in responding to disasters and emergencies. The FAA must develop best practices for the use of drones to respond to a catastrophe, disaster, or other emergency.
(Sec. 354) A drone that is operated underground for mining purposes shall not be subject to FAA regulation or enforcement.
(Sec. 355) The bill includes in the definition of "public aircraft" a drone that is owned and operated, or exclusively leased for at least 90 continuous days by, an Indian Tribal Government.
(Sec. 356) The bill authorizes appropriations for FY2019-FY2023 to the FAA for the Know Before You Fly educational campaign for broadening drone safety awareness.
(Sec. 357) The bill states U.S. policy that the operation of any drone shall be carried out in a manner that protects personal privacy.
(Sec. 358) The GAO must carry out a review of the privacy issues associated with the operation of drones.
(Sec. 359) The FAA must study fire department and emergency service agency use of drones.
(Sec. 360) The GAO shall study, and report 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 such systems.
(Sec. 361) The FAA must submit to the appropriate congressional committees a report on which aviation safety requirements should apply to drones engaged in aerial spraying of chemicals for agricultural purposes.
(Sec. 362) The bill expresses the sense of Congress on drone safety.
(Sec. 363) The bill prohibits the operation of a drone that is equipped or armed with a dangerous weapon and imposes a civil fine for violations.
(Sec. 364) The FAA must initiate a review of its process for interagency coordination of Counter-Unmanned Aircraft System (C-UAS) systems and its standards for operating such systems.
(Sec. 365) DOT must streamline deployment of C-UAS systems used to mitigate threats posed by errant or hostile drone operations.
(Sec. 366) The FAA must develop a strategy for outreach to state and local governments on how to identify and respond to public safety threats posed by drones and how to use drones to enhance the effectiveness of law enforcement agencies and first responders.
(Sec. 367) The FAA must determine whether FAA occupations relating to drone technology can be incorporated in its Veterans' Employment Program.
(Sec. 368) DOT must issue guidance for access to special use airspace for drones to assist governmental organizations in conducting law enforcement, emergency response, or other activities.
(Sec. 370) This section expresses the sense of Congress with respect to drone technology.
(Sec. 371) DOT must enter into an agreement with the National Academy of Public Administration to estimate and assess compliance with and the effectiveness of the registration of small drones.
(Sec. 372) The FAA shall establish a pilot program to use remote detection or identification technologies for enforcement actions against drone operators not in compliance with applicable aviation laws.
(Sec. 373) The GAO must study the roles of federal, state, and tribal governments in the regulation and oversight of low-altitude operations of drones in the national airspace system.
(Sec. 374) The FAA, the National Telecommunications and Information Administration, and the Federal Communications Commission must report to specified congressional committees on whether drone operations should be permitted, but not required, to operate on certain spectrums.
(Sec. 376) The FAA shall develop a plan for the implementation of unmanned aircraft systems traffic management services that expand operations beyond visual line of sight, have full operational capability, and ensure the safety and security of all aircraft.
(Sec. 379) The FAA must make available on the DOT website certain information relating to drone operations.
(Sec. 381) The federal criminal code is amended to make it a criminal offense to knowingly and willfully operate a drone with the intent to enter a restricted building or grounds or to operate a drone that interferes with wildfire suppression.
(Sec. 383) The FAA must ensure that technologies to detect and mitigate risks posed by errant or hostile drone operations do not adversely impact or interfere with safe airport operations or the safe and efficient operation of the national airspace system.
(Sec. 384) The bill imposes criminal penalties for unsafe operation of drones or operation of drones in close proximity to airports.
Subtitle C--General Aviation Safety
Fairness for Pilots Act
(Sec. 392) The pilot's bill of rights is revised with respect to the: (1) notification of investigations, and (2) release of investigative reports.
(Sec. 393) Before taking any action to reexamine an airman under provisions on amendments, modifications, suspensions, and revocations of certificates, the FAA shall provide to the airman a reasonable basis for requesting the reexamination; and any information gathered by the FAA that it determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification.
(Sec. 394) The FAA may not take any enforcement action against any individual for a violation of a NOTAM (Notice to Airman) until it certifies to the appropriate congressional committees that it has complied with the NOTAM requirements of the Pilot's Bill of Rights. NOTAM requirements are revised.
(Sec. 395) Whenever the FAA receives a written request for a covered flight record from an applicable individual and the covered flight record is not in its possession it shall request the covered flight record from the contract tower or any of its other contractors.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
(Sec. 402) This section requires a review of the exemption necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu'a.
(Sec. 403) DOT shall issue regulations to prohibit non-flight crew members 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.
(Sec. 404) This section modifies disclosure requirements for the use of insecticides in passenger aircraft.
(Sec. 405) DOT shall periodically evaluate the benefits of using mobile phone applications or other widely used technologies to provide new means for air passengers to communicate complaints.
(Sec. 406) DOT shall study the feasibility of modifying regulations on consumer information on actual flight times.
(Sec. 407) The GAO shall report to Congress and DOT describing: (1) each air carrier's training policy for its employees and contractors regarding racial, ethnic, and religious nondiscrimination; and (2) how frequently an air carrier is required to train new employees and contractors because of turnover in positions that require such training.
(Sec. 408) 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.
(Sec. 409) Smoking using electronic cigarettes is prohibited on passenger flights.
(Sec. 410) DOT shall study and report on a cost benefit analysis of changing certain baggage reporting requirements.
(Sec. 411) The GAO shall study DOT's enforcement of aviation consumer protection rules.
(Sec. 412) An 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 except in instances where the size or weight of the stroller poses a safety or security risk.
(Sec. 413) DOT shall review the categorization of delays and cancellations with respect to air carriers that are required to report such data.
(Sec. 414) DOT 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 three hours earlier or later than originally scheduled and compensation or other suitable air transportation is not offered.
(Sec. 415) The authority for the Advisory Committee for Aviation Consumer Protection is extended through FY2023.
(Sec. 416) DOT shall complete an evaluation of the aviation consumer protection portion of DOT's public internet website to identify any changes to the user interface that will improve usability, accessibility, consumer satisfaction, and website performance.
(Sec. 417) It shall be unlawful for any person to place a live animal in an overhead storage compartment of an aircraft.
(Sec. 418) DOT shall establish an advisory committee to review options to improve the disclosure of charges and fees for air medical services, better inform consumers of insurance options for such services, and protect consumers from balance billing.
(Sec. 419) Complaints involving transportation by air ambulance may be made on DOT's consumer complaint toll-free hotline.
(Sec. 420) DOT shall report to Congress on air ambulance oversight.
(Sec. 421) DOT shall promulgate regulations that require covered air carriers to refund to a passenger any ancillary fees paid for services related to air travel that the passenger did 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 not taken by the passenger.
(Sec. 422) DOT shall review air carrier policies regarding traveling during pregnancy and may revise regulations to offer advance boarding to a pregnant passenger who requests assistance.
(Sec. 424) DOT shall review aviation consumer complaints that allege a violation of law and pursue enforcement or corrective actions that would be in the public interest. The position of Aviation Consumer Advocate is established in the Aviation Consumer Protection Division of DOT.
(Sec. 425) Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2018 or the TICKETS Act
An air carrier may not deny a revenue passenger traveling on a confirmed reservation permission to board, or involuntarily remove that passenger from the aircraft, once a revenue passenger has checked in for the flight prior to the check-in deadline and had the ticket or boarding pass collected or electronically scanned and accepted by the gate agent. Exceptions are allowed for safety, security, or health reasons or for bad behavior of the passenger.
(Sec. 426) The GAO must report to Congress on the availability of lavatories on commercial aircraft and the ability of passengers with disabilities to access them.
(Sec. 427) DOT shall issue a final rule to require large ticket agents to adopt minimum customer service standards.
(Sec. 428) In the event of a widespread disruption, an air carrier shall publish a clear statement indicating whether the carrier will: (1) provide for hotel accommodations; (2) arrange for ground transportation; (3) provide meal vouchers; (4) arrange for air transportation on another air carrier or foreign air carrier to the passenger's destination; and (5) provide for sleeping facilities inside the airport terminal.
(Sec. 429) DOT shall require air carriers to submit a summarized one page document that describes the rights of passengers in air transportation.
Subtitle B--Aviation Consumers With Disabilities
(Sec. 431) GAO shall conduct a study on aviation consumers with disabilities.
(Sec. 432) The Architectural and Transportation Barriers Compliance Board shall conduct a study to determine: (1) the feasibility of in-cabin wheelchair restraint systems; and (2) if feasible, the ways in which individuals with significant disabilities using wheelchairs can be accommodated with in-cabin wheelchair restraint systems.
(Sec. 433) DOT shall develop 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.
(Sec. 434) DOT shall develop an Airline Passengers with Disabilities Bill of Rights to describe the basic protections and responsibilities of air carriers, their employees and contractors, and people with disabilities.
(Sec. 435) The sense of Congress is expressed with regard to equal access for individuals with disabilities.
(Sec. 436) This section allows an increased civil penalty for damage to a passenger's wheelchair or other mobility aid or injury to a passenger with a disability.
(Sec. 437) DOT shall conduct a rulemaking proceeding to define "service animal" for purposes of air transportation and develop minimum standards for what is required for service and emotional support animals carried in aircraft cabins.
(Sec. 438) DOT shall direct the Advisory Committee on the Air Travel Needs of Passengers with Disabilities, established by this bill, to review current regulations with respect to practices for ticketing, pre-flight seat assignments, and stowing of assistive devices for passengers with disabilities.
(Sec. 440) DOT shall review regulations to: (1) ensure that passengers with disabilities who request assistance while traveling in air transportation receive dignified, timely, and effective assistance at airports and on aircraft from trained personnel; and (2) ensure that training for air carrier personnel for assisting persons with disabilities occurs on an annual schedule and includes hands-on training for employees who physically lift passengers with disabilities.
(Sec. 441) The compliance date of the final rule, dated November 2, 2016, on the reporting of data for mishandled baggage and wheelchairs, shall be effective not later than 60 days after the enactment of this bill.
Subtitle C--Small Community Air Service
(Sec. 451) The Essential Air Service program is reauthorized through FY2023.
(Sec. 452) The GAO shall conduct a study on the effects of various federal laws enacted after 2010 on the Essential Air Service program.
(Sec. 453) The program for air transportation to noneligible places expires two years after the enactment of this bill.
(Sec. 454) DOT shall conduct and complete a review of orders issued by it from 2005 through the date of enactment of this bill to determine whether the carriers providing unsubsidized service provided basic essential air service, and whether DOT conducted sufficient oversight of carriers providing unsubsidized service to ensure air service quality and community satisfaction.
(Sec. 455) This section modifies the criteria for participation in the Small Community Air Service Development Program and reauthorizes such program through FY2023.
(Sec. 456) DOT may waive certain requirements with respect to basic essential air service.
(Sec. 457) The final order under the Vision 100-Century of Aviation Reauthorization Act which established mileage adjustment eligibility is extended through FY2023.
(Sec. 458) DOT may waive application of the subsidy-per-passenger cap if it finds that the subsidy for a fiscal year is lower than for any of the three previous fiscal years.
(Sec. 502) Various provisions are outlined with respect to aviation law, including those concerned with: (1) a report on air traffic control modernization; (2) a return on investment report; (3) air traffic control operational contingency plans; (4) an ADS-B Out mandate plan; (5) securing aircraft avionics systems; (6) recognition of human factors in early design phases of all relevant NextGen programs; (7) programmatic risk management; (8) review of strategic cybersecurity plans; (9) consolidation and realignment of services and facilities; (10) review and reform; (11) air shows; (12) part 91 review, reform, and streamlining; (13) aircraft leasing; (14) pilots sharing flight expenses with passengers; (15) Terminal Aerodrome Forecast; (16) .public aircraft eligibility for logging flight times; (17) the Aircraft Registry Office; (18) data transparency; (19) intra-agency coordination; (20) the administrative services franchise fund; (21) automatic dependent surveillance-broadcasts; (22) automatic dependent surveillance-broadcasts; (23) contract weather observers; (24) regions and centers; (25) geosynthetic materials; (26) the National Airmail Museum; (27) a certain agreement between the FAA and the Little Rock Port Authority; (28) a briefing on aircraft diversions from the Los Angeles International Airport to Hawthorne Municipal Airport; (29) temporary flight restrictions; (30) air traffic services at aviation events; (31) application of veteran's preference to the FAA personnel management system; (32) living history flights; (33) FAA's performance management system; (34) the Next Generation Air Transportation System modernization initiative study; (35) allergic reactions study; (36) oxygen mask design study; (37) air cargo study; (38) report on illegal charter flights; (39) use of NASA's super guppy aircraft for commercial transport; (40) prohibited air space assessment; (41) report on multiagency use of airspace environmental review; (42) agency procurement reporting requirements; (43) FAA organizational reform; (44) FAA civil aviation registry upgrade; (45) enhanced air traffic control services; (46) study on FAA's cybersecurity workforce; (47) treatment of multiyear lessees of large and turbine-powered multiengine aircraft; (48) employee assault prevention and response plans; (49) a study on training of customer-facing air carrier employees; and (50) automated weather observing systems policy.
TITLE VI--AVIATION WORKFORCE
Subtitle A--Youth in Aviation
(Sec. 601) The FAA shall submit to the appropriate congressional committees a report that describes its existing outreach efforts to elementary and secondary students who are interested in careers in science, technology, engineering, art, and mathematics to: (1) prepare and inspire such students for aviation and aeronautical careers, and (2) mitigate an anticipated shortage of pilots and other aviation professionals.
(Sec. 602) The FAA shall establish a Youth Access to American Jobs in Aviation Task Force to develop and submit to it recommendations and strategies for the FAA to, among other things, facilitate and encourage high school students in the United States, beginning in their junior year, to enroll in and complete career and technical education courses that will prepare them to enroll in a course of study related to an aviation career at an institution of higher education.
Subtitle B--Women in Aviation
(Sec. 611) This section expresses the sense of Congress that the aviation industry should explore all opportunities to encourage and support female students and aviators to pursue a career in aviation.
(Sec. 612) To encourage women and girls to enter the field of aviation, the FAA shall create and facilitate the Women in Aviation Advisory Board to promote organizations and programs that are providing education, training, mentorship, outreach, and recruitment of women into the aviation industry.
Subtitle C--Future of Aviation Workforce
(Sec. 621) The sense of Congress is expressed with respect to the aviation workforce.
(Sec. 622) The GAO shall initiate a study to: (1) evaluate the current and future supply of individuals in the aviation and aerospace workforce, (2) identify the factors influencing the supply of individuals pursuing a career in the aviation or aerospace industry, and (3) identify methods to increase the future supply of individuals in the aviation and aerospace workforce.
(Sec. 623) It is the sense of Congress that the aviation industry should hire more veterans.
(Sec. 624) The FAA shall issue a final rule to modernize training programs at certain aviation maintenance technician schools.
(Sec. 625) DOT shall establish: (1) a grant program to support the education of future aircraft pilots and the development of the aircraft pilot workforce, and (2) a grant program to support the education and recruitment of aviation maintenance technical workers and the development of the aviation maintenance workforce.
Subtitle D--Unmanned Aircraft Systems Workforce
(Sec. 631) DOT shall establish a process to designate consortia of public, two year institutions of higher education as Community and Technical College Centers of Excellence in Small Unmanned Aircraft System Technology Training.
(Sec. 632) The FAA shall establish a collegiate training initiative program relating to unmanned aircraft systems by making new agreements or continuing existing agreements with institutions of higher education under which the institutions prepare students for careers involving unmanned aircraft systems.
TITLE VII--FLIGHT R&D ACT
Subtitle A--General Provisions
FAA Leadership in Groundbreaking High-Tech Research and Development Act or the FLIGHT R&D Act
(Sec. 703) The bill authorizes appropriations for FY2019-FY2023 for aviation research and development activities.
Subtitle B--FAA Research and Development Organization
(Sec. 711) The FAA shall appoint an Assistant Administrator for Research and Development to be responsible for management and oversight of all the FAA's research and development programs and activities.
(Sec. 712) This sections sets forth modified requirements for the Research Advisory Committee.
Subtitle C--Unmanned Aircraft Systems
(Sec. 721) DOT shall submit to Congress on an annual basis the unmanned aircraft systems (i.e., drones) roadmap.
Subtitle D--Cybersecurity and Responses to Other Threats
(Sec. 731) The FAA 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.
(Sec. 732) The National Oceanic and Atmospheric Administration and the FAA shall jointly complete a study on the effect of extreme weather on commercial air travel.
Subtitle E--FAA Research and Development Activities
(Sec. 741) The FAA shall transmit a comprehensive research plan for the certification of new technology into the national airspace system to specified congressional committees.
(Sec. 742) The FAA, in coordination with the National Aeronautics and Space Administration (NASA), shall conduct a review of current and planned research on the use of advanced aircraft technologies, innovative materials, alternative fuels, additive manufacturing, and novel aircraft designs, to increase aircraft fuel efficiency.
(Sec. 743) The FAA shall enter into a cost-sharing cooperative agreement to carry out a program for the development, maturation, and testing of certifiable CLEEN aircraft, engine technologies, and jet fuels for civil subsonic airplanes.
(Sec. 744) The FAA may carry out a program for the research and development of aircraft pavement technologies under which it makes grants to, and enters into cooperative agreements with, institutions of higher education and nonprofit organizations that: (1) research concrete and asphalt airfield pavement technologies that extend the life of airfield pavements; (2) develop and conduct training; (3) provide for demonstration projects; and (4) promote the latest airfield pavement technologies to aid in the development of safer, more cost effective, and more durable airfield pavements.
Subtitle F--Geospatial Data
Geospatial Data Act of 2018
(Sec. 753) This subtitle provides statutory authority for the Department of the Interior's Federal Geographic Data Committee (FGDC). The bill makes the FGDC the lead entity in the executive branch for the development, implementation, and review of policies, practices, and standards relating to geospatial data. The Secretary of the Interior shall serve as chairperson of the FGDC and the Director of the Office of Management and Budget shall serve as the vice-chairperson.
(Sec. 754) The National Geospatial Advisory Committee is established in Interior to provide advice and recommendations to the FGDC.
(Sec. 755) The section provides statutory authority for the National Spatial Data Infrastructure (NSDI), which must ensure that geospatial data from multiple sources is available and easily integrated to enhance the understanding of the physical and cultural world. The FGDC must prepare a strategic plan for the implementation of the NSDI consistent with national security, national defense, and emergency preparedness preparedness program policies regarding data accessibility.
(Sec. 756) The FGDC shall designate as National Geospatial Data Asset data themes the primary topics and subjects for which the coordinated development, maintenance, and dissemination of geospatial data will benefit the government and the interests of the people of the United States and establish standards for each data theme.
(Sec. 757) Interior must withhold from public disclosure any information that, if disclosed, could be expected to cause damage to the national interest, security, or defense, including information relating to geospatial intelligence data activities.
(Sec. 758) The section provides statutory authority for the FGDC to operate the GeoPlatform, an electronic service that provides access to geospatial data and metadata. The GeoPlatform may not store or serve proprietary information or data that was acquired under a license by the federal government, unless as authorized by the data provider. The FGDC must designate an agency to serve as the managing partner for the development and operation of the GeoPlatform.
(Sec. 759) Agencies whose functions involve geospatial data, with certain exceptions, shall implement a strategy for advancing geographic information and related geospatial data activities in support of the strategic plan for the NSDI. Once every two years, the inspector general of each agency must submit an audit of the collection, production, acquisition, maintenance, distribution, use, and preservation of geospatial data by such agencies.
(Sec. 759A) Five years after standards for each National Geospatial Data Asset data theme have been established, agencies may not use federal funding for the collection, production, acquisition, maintenance, or dissemination of new geospatial data that does not comply with the standards. The FGDC may waive this prohibition under certain circumstances.
Once standards are established, agencies, to the maximum extent practicable, must collect, produce, acquire, maintain, and disseminate geospatial data in accordance with the standards
(Sec. 759C) The FGDC and agencies may rely upon and use the private sector in the United States to furnish geospatial data and services.
(Sec. 761) The FAA shall report to specified congressional committees with respect to the top five priority areas for the implementation and advancement of NextGen.
(Sec. 762) The FAA shall continue operation of the Advanced Material Center of Excellence under its structure as in effect on March 1, 2016, which shall focus on applied research and training on the durability and maintainability of advanced materials in transport airframe structures.
TITLE VIII--AVIATION REVENUE PROVISIONS
(Sec. 801) This title extends expenditure authority from the Airport and Airway Trust Fund through FY2023.
(Sec. 802) Fuel and ticket taxes funding the Airport and Airway Trust Fund are extended through FY2023.
DIVISION C--NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2018
National Transportation Safety Board Reauthorization Act
(Sec. 1103) This section extends the authorization of appropriations for the National Transportation Safety Board (NTSB) through FY2022.
(Sec. 1104) Miscellaneous provisions with respect to still images, cockpit and surface vehicle recordings, and transcripts are set forth.
(Sec. 1106) The NTSB shall publish on a publicly available website and submit to the appropriate committees of congress a report on the methodology used to prioritize and select recommendations to be included in the Most Wanted List.
(Sec. 1108) The NTSB shall establish and maintain a multimodal accident database system for investigators.
(Sec. 1109) This section provides relief for families involved in aviation, rail, and other accidents.
(Sec. 1111) The NTSB shall complete a retrospective review of its recommendations that are classified as open.
DIVISION D--DISASTER RECOVERY REFORM
Disaster Recovery Reform Act of 2018
(Sec. 1202) The amendments in this division to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) apply to each major disaster and emergency declared by the President on or after August 1, 2017, except as otherwise expressly provided. The authorities provided under this division apply to each major disaster and emergency declared by the President under the Stafford Act on or after January 1, 2016, except as otherwise expressly provided.
(Sec. 1204) This section amends the Stafford Act to authorize the President to provide hazard mitigation assistance in any area affected by a wildfire for which assistance was provided.
(Sec. 1205) Recipients of hazard mitigation assistance 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 reseeding ground cover with quick-growing or native species and reducing hazardous fuels.
(Sec. 1206) The President may provide assistance to state and local governments for building code and floodplain management ordinance administration and enforcement, including inspections for substantial damage compliance.
Regarding the repair, restoration, and replacement of damaged facilities for which the President may contribute to a state or local government or to a person who owns or operates a private nonprofit facility, "associated expenses" shall include base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared.
(Sec. 1207) This division increases the in-lieu contribution percentages, for public facilities and private nonprofit facilities, of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses. It makes a provision that reduces federal assistance for a public facility or private nonprofit facility located in a special flood hazard area identified for more than one year by the Federal Emergency Management Agency (FEMA) that is damaged or destroyed inapplicable to more than one building of a multi-structure educational, law enforcement, correctional, fire, or medical campus, for a major disaster or emergency declared by the President on or after January 1, 2016, through December 31, 2018.
The President may not condition the provision of federal assistance under the Stafford Act on the election by a state, local, or Indian tribal government, or owner or operator of a private nonprofit facility to participate in alternative procedures adopted.
Once certified by a professionally licensed engineer and accepted by FEMA, the estimates on which grants made pursuant to provisions regarding the alternative procedures are based shall be presumed to be reasonable and eligible costs, as long as there is no evidence of fraud.
(Sec. 1208) FEMA shall provide guidance and training on an annual basis to state, local, and Indian tribal governments, first responders, and utility companies to help health care facilities prepare for, and respond to, power outages during a disaster or emergency.
(Sec. 1209) FEMA, in coordination with the Federal Highway Administration (FHA), shall: (1) develop and issue guidance for state, local, and Indian tribal governments regarding the identification of evacuation routes; and (2) 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.
FEMA, in coordination with the FHA and state, local, territorial, and Indian tribal governments, may: (1) conduct a study of the adequacy of available evacuation routes to accommodate the flow of evacuees; and (2) submit recommendations on how to help with anticipated evacuation route flow, based on the study, to the FHA, FEMA, state, local, territorial, and Indian tribal governments, and Congress.
(Sec. 1210) The bill amends the Stafford Act to authorize the President to waive the general prohibition against duplication of benefits upon request of a governor on behalf of the state or on behalf of a person, business concern, or any other entity suffering losses as a result of a major disaster or emergency, if the President finds such waiver is in the public interest and will not result in waste, fraud, or abuse.
Assistance provided pursuant to the Hazard Mitigation Grant Program may be used to fund activities authorized for construction within the scope of a federally authorized water resources development project of the U.S. Army Corps of Engineers if such activities are also eligible activities.
(Sec. 1211) A state or Indian tribal government desiring to provide assistance to individuals and households in the state shall submit to the President a grant application for financial assistance. The President shall establish criteria for approval of such applications.
A state or tribal government submitting an application shall have an approved housing strategy, which shall be developed and submitted to the President for approval. Such strategy shall: (1) outline the approach of the state in working with federal partners, tribal governments, local communities, nongovernmental organizations, and individual disaster survivors to meet disaster-related sheltering and housing needs; and (2) include the establishment of an activation plan for a State Disaster Housing Task Force.
The President: (1) before approving an application, must institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement; and (2) must monitor and conduct quality assurance activities on a state or tribal government's implementation of programs after approving an application. The Inspector General of DHS shall: (1) provide for periodic audits of programs administered by states and tribal governments, and (2) report on the effectiveness of the state or tribal government's role in providing such assistance.
FEMA shall report to Congress on a potential incentive structure for awards to encourage participation by states and tribal governments.
The President may not condition the provision of federal assistance on a state or tribal government requesting a grant.
FEMA must reimburse state and local governments upon determining that a locally implemented housing solution: (1) costs 50% of comparable FEMA solutions or whatever the locally implemented solution costs, whichever is lower; (2) complies with local housing regulations and ordinances; and (3) was implemented within 90 days of the disaster.
(Sec. 1212) The Stafford Act's maximum amount of assistance to individuals and households is modified to exclude financial assistance to rent specified temporary alternate housing accommodations and other needed assistance, as well as necessary expenses for individuals with disabilities.
(Sec. 1213) No later than two years after enactment of this bill, the DHS inspector general shall: (1) assess the use of authority provided under the Stafford Act regarding multifamily lease and repair of rental units for temporary housing, including the adequacy of any benefit-cost analysis done to justify the use of this alternative; and (2) report on the results to Congress.
(Sec. 1214) Food banks are included within the definition of "private nonprofit facility" under the Stafford Act.
(Sec. 1215) FEMA shall provide specified management cost percentage rates for hazard mitigation and public assistance.
(Sec. 1216) FEMA may waive a debt owed to the United States related to certain disaster assistance provided to an individual or household under specified circumstances, but not if the debt involves fraud. The DHS inspector general shall monitor the distribution of assistance to determine the percentage distributed based on an error. FEMA may not take action to recoup assistance from a recipient if the receipt of such assistance occurred more than three years after FEMA first provides the recipient with written notification of intent to recoup, unless there is evidence of fraud.
(Sec. 1217) The bill reauthorizes Emergency Management Assistance Compact grants and Emergency Management Performance grants under the Post-Katrina Emergency Management Reform Act of 2006 through FY2022.
(Sec. 1218) FEMA may establish one or more national veterinary emergency teams at accredited colleges of veterinary medicine.
(Sec. 1219) An applicant for assistance under the Stafford Act may request arbitration to dispute the eligibility for assistance or repayment of assistance provided for a dispute of more than $500,000 for any disaster that occurred after January 1, 2016. Such arbitration shall be conducted by the Civilian Board of Contract Appeals and the decision of such Board shall be binding.
(Sec. 1220) FEMA shall review the Unified Federal Environmental and Historic Preservation review process established under the Stafford Act and report to Congress.
(Sec. 1221) FEMA may develop incentives and penalties that encourage state, local, or Indian tribal governments to close out expenditures and activities on a timely basis related to disaster or emergency assistance.
(Sec. 1222) FEMA may appoint temporary personnel, after serving continuously for three years, to positions in FEMA in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual so appointed shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.
(Sec. 1223) FEMA shall: (1) in coordination with specified agencies, conduct a study and develop a plan, under which the collection of information from disaster assistance applicants and grantees will be modified, streamlined, expedited, efficient, flexible, consolidated, and simplified to be less burdensome, duplicative, and time consuming for applicants and grantees; (2) in coordination with such 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 to Congress.
(Sec. 1224) Not later than 5 days after an award of a public assistance grant that is in excess of $1 million, FEMA shall publish on its website the specifics of each such grant award.
Not later than:
- 5 days after the issuance of a mission assignment or mission assignment task order, FEMA shall publish on its website any mission assignment or mission assignment task order to another federal department or agency regarding a major disaster in excess of $1 million;
- 10 days after the first day of each month, FEMA shall publish on its website reports, including a specific description of the methodology and the source data used in developing such reports;
- 10 days after the first day of each month, FEMA shall publish on its website the specifics of each contract in excess of $1 million that FEMA enters into; and
- 180 days after the date of enactment, FEMA shall initiate and maintain an effort to collect and store information, prior to the project closeout phase on any contract entered into by a public assistance recipient or subrecipient that through the base award, available options, or any subsequent modifications has an estimated value of more than $1 million.
FEMA shall make the information collected and stored available to the DHS inspector general, the GAO, and appropriate committees of Congress, upon request
(Sec. 1225) FEMA shall not reimburse a state or local government, an Indian tribal government, or the owner or operator of a private nonprofit facility for any activities pursuant to a contract entered into after August 1, 2017, that prohibits FEMA or the GAO from auditing or otherwise reviewing all aspects relating to the contract.
(Sec. 1226) Not later than 30 days after this bill's enactment, the DHS inspector general shall initiate an audit of the contracts awarded by FEMA for tarps and plastic sheeting for Puerto Rico and the U.S. Virgin Islands in response to Hurricane Irma and Hurricane Maria. The inspector general shall report to Congress on the results of the audit.
(Sec. 1227) The President may use long-term recovery and domestic hunger relief groups in providing disaster assistance.
(Sec. 1228) FEMA, in coordination with the FHA, 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.
(Sec. 1229) In the case of an individual eligible to receive unemployment assistance under the Stafford Act as a result of a disaster declaration made for Hurricane Irma and Hurricane Maria in Puerto Rico and the Virgin Islands, the President shall make such assistance available for 52 weeks after the date of the disaster.
(Sec. 1230) FEMA shall provide guidance to a common interest community that provides essential services of a governmental nature on actions that such community may take to be eligible to receive reimbursement from a grantee that receives funds from FEMA for certain activities performed after a major disaster is declared.
(Sec. 1231) Not later than 180 days after enactment of this bill, FEMA shall issue guidance on the acquisition of property for open space as a mitigation measure under the Stafford Act that includes:
- a process by which the state hazard mitigation officer appointed for such an acquisition shall, not later than 60 days after the applicant for assistance enters into an agreement with FEMA regarding the acquisition, provide written notification to each affected unit of local government for such acquisition that includes the location of the acquisition, the state-local assistance agreement for the hazard mitigation grant program, a description of the acquisition, and a copy of the deed restriction; and
- recommendations for allowing an affected unit of local government to use and maintain the open space created by such a project.
(Sec. 1232) In making recommendations to the President regarding a major disaster declaration, FEMA shall give greater consideration to severe local impact or recent multiple disasters. FEMA shall make corresponding adjustments to its policies and regulations regarding such consideration. Not later than one year after enactment of this bill, FEMA shall report to Congress on the changes made to regulations and policies and the number of declarations that have been declared based on the new criteria.
(Sec. 1233) Recipients of hazard mitigation assistance 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.
(Sec. 1234) Technical and financial assistance for predisaster hazard mitigation may be used to establish and carry out enforcement activities and implement the latest published editions of relevant consensus-based codes, specifications, and standards that meet specified criteria for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters.
The President shall award financial assistance on a competitive basis for mitigation activities that are cost effective.
The National Predisaster Mitigation Fund is renamed the National Public Infrastructure Predisaster Mitigation Assistance. The President shall provide financial assistance only in states that have received a major disaster declaration in the previous seven years, or to any Indian tribal government located partially or entirely within the boundaries of such states.
(Sec. 1235) The President may contribute up to 75% of the cost of hazard mitigation measures that the President determines are cost effective and that substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster or any area affected by a fire for which assistance was provided. Not later than 18 months after enactment of this bill, FEMA shall issue a rulemaking that defines "resilient" and "resiliency."
(Sec. 1236) FEMA, in coordination with other agencies, shall provide guidance and training on an annual basis to state, local, and Indian tribal governments, first responders, and facilities that store hazardous materials on coordination of emergency response plans in the event of a major disaster or emergency, including severe weather events.
(Sec. 1237) FEMA shall deem specified 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.
(Sec. 1238) The President, in consultation with the governor of a State, may provide a waiver to an individual or household for specified document replacement fees, including the passport application fee for individuals who lost their U.S. passport in a major disaster within the preceding three calendar years.
(Sec. 1239) Not later than 270 days after enactment of this bill, FEMA shall review the factors considered when evaluating a request for a major disaster declaration, specifically the estimated cost of the assistance, and provide a report and briefing to specified congressional committees. Not later than two years after enactment, FEMA 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 FEMA estimates the cost of major disaster assistance, and consider other impacts on the capacity of a jurisdiction to respond to disasters. In determining the capacity of a jurisdiction to respond to disasters, and prior to the issuance of such a rule, FEMA shall consult with representatives of state, regional, local, and Indian tribal government stakeholders.
(Sec. 1240) Not later than two years after enactment of this bill, and each year thereafter until 2023, FEMA shall 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) FEMA shall: (1) coordinate with state and local governments and organizations representing design professionals, such as architects and engineers, to develop guidance, including best practices, for post-disaster assessment of buildings by licensed architects and engineers to ensure the design professionals properly analyze the structural integrity and livability of buildings and structures; (2) publish the guidance not later than one year after enactment of this bill; and (3) 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.
(Sec. 1242) Not later than six months after enactment of this bill, and every six months thereafter until completion, FEMA shall report to specified congressional committees an update on its progress in completing action with respect to a national preparedness assessment.
(Sec. 1243) FEMA shall report on the results of its efforts to identify and prevent unnecessary duplication within and across the non-natural disaster preparedness grant programs.
(Sec. 1244) FEMA shall contract with the National Academy of Medicine to conduct a study and prepare a report regarding best practices in mortality counts as a result of a major disaster. The study shall address approaches to quantifying mortality and significant morbidity among populations affected by major disasters.
(Sec. 1245) FEMA must conduct a review of the public assistance grant program for damaged underground water infrastructure as a result of a major disaster, including wildfires, and shall include the extent to which local technical memoranda, prepared by a local unit of government in consultation with the relevant state or federal agencies, identified damaged underground water infrastructure that should be eligible for the public assistance grant program.
(Sec. 1246) FEMA shall extend the deadlines to implement alternatives outlined in the jeopardy biological opinion dated April 14, 2016, by up to three years from this bill's enactment, and report on the status of implementing such alternatives.
DIVISION E--CONCRETE MASONRY
Concrete Masonry Products Research, Education, and Promotion Act of 2018
(Sec. 1304) This division directs the Department of Commerce to issue orders applicable to manufacturers of concrete masonry products. An order shall be national in scope, but not more than one order shall be in effect at any one time.
An order regarding the generic research, education, and promotion of concrete masonry products may be:
- proposed by Commerce at any time, or
- requested (and submitted to Commerce) by an existing national organization of concrete masonry product manufacturers or any person that may be affected by the issuance of such an order.
(Sec. 1305) Any order issued under this division shall provide for establishment of a Concrete Masonry Products Board to carry out a program of generic promotion, research, and education regarding concrete masonry products. The order shall specify the powers and duties of the board. The board may not engage in any action, nor use any funds received under this division, to:
- influence legislation, elections, or governmental action;
- engage in any conflict of interest;
- engage in advertising that is false or misleading;
- engage in any promotion, research, or education that would be disparaging to other construction materials; or
- engage in any promotion or project that would benefit any individual manufacturer.
Manufacturers and importers shall maintain, and make available for inspection, specified records.
(Sec. 1306) Any order must also require that quarterly assessments be paid by manufacturers for any concrete masonry products manufactured at least 180 days before remittance of the assessment to the board.
The division establishes an initial assessment rate of $0.01 per concrete masonry unit sold. The board may increase or decrease such rate, but any change may not exceed $0.01 per unit. The rate may not be changed more than once a year or exceed $0.05 per unit.
At least 50% of the assessments (less administrative expenses) paid by a manufacturer shall be used to support research, education, and promotion programs and projects in support of the manufacturer's geographic region. The division divides the states into five specified regions, whose composition Commerce may adjust on the board's recommendation.
(Sec. 1307) During the 60-day period preceding the proposed effective date of an order, Commerce shall conduct a referendum for order approval, according to specified procedures, among the manufacturers required to pay assessments under it.
(Sec. 1308) The division prescribes requirements for petitions challenging an order and review of an order, including enforcement through U.S. district courts. Commerce may assess a civil penalty on any person willfully violating its orders or regulations.
(Sec. 1310) Commerce may also conduct appropriate investigations to administer this division (with power of subpoena).
(Sec. 1311) Commerce must suspend or terminate any order, or a provision of an order, that obstructs or does not tend to effectuate the purposes of this division, or that is not favored by a majority of all votes cast in the referendum of manufacturers required to pay assessments.
(Sec. 1315) Funds appropriated to carry out this division may not be used to pay expenses or expenditures of the board in administering the order.
(Sec. 1316) In each fiscal year during the period that begins on enactment of this division and ends on the last day of the 11th fiscal year that begins on or after such enactment, the board may not obligate an amount greater than the sum of:
- 73% of the amount of assessments estimated to be collected in such fiscal year;
- 73% of the amount of assessments actually collected in the most recent fiscal year for which an audit report has been submitted as of the beginning of the fiscal year for which the amount that may be obligated is being determined, less the estimate made for the most recent fiscal year; and
- unobligated amounts permitted in the preceding fiscal years.
(Sec. 1317) The GAO shall study how the board spends assessments collected, the impact of board activities, and other matters relating to the demand for concrete masonry products.
(Sec. 1318) Commerce shall examine the appropriateness and effectiveness of applying the commodity checkoff program model to a nonagricultural industry. (A commodity checkoff program collects funds through a checkoff mechanism from producers of a particular agricultural commodity and uses them to promote and do research on that particular commodity.)
DIVISION F--BUILD ACT OF 2018
Better Utilization of Investments Leading to Development Act of 2018 or the BUILD Act of 2018
(Sec. 1402) This division establishes the U.S. International Development Finance Corporation to facilitate market-based economic development in less developed countries through partnerships with private companies.
The new entity shall be a wholly-owned government corporation under the Department of State's foreign policy guidance. It shall take over the functions, personnel, assets, and liabilities of the Overseas Private Investment Corporation, which shall be terminated . The new entity shall also take over several U.S. Agency for International Development programs, including the Development Credit Authority and the Legacy Credit portfolio under the Urban Environment Program.
The entity shall be authorized to:
- make and guarantee loans;
- invest in minority stakes in enterprises;
- issue insurance and reinsurance;
- promote and support private investment opportunities;
- take on special projects and programs, such as providing assistance to develop skills for small businesses; and
- establish enterprise funds for various goals, such as to promote economic freedom, facilitate small business access to credit, and to attract foreign investment.
The entity shall prioritize programs in low-income or lower-middle-income countries. It shall provide assistance to upper-middle-income economies only if the President certifies that a program furthers U.S. economic or foreign policy interests and produces significant benefits to the poorest population in the country.
Projects sponsored by U.S. persons, countries that comply with international trade obligations, and countries that embrace private enterprise shall receive preferential consideration. The entity shall only support projects in countries taking steps to recognize internationally recognized worker rights.
Countries or entities that have repeatedly supported acts of international terrorism or have engaged in a pattern of gross violation of human rights shall not receive assistance. Projects shall not violate U.S. sanctions laws or involve individuals on the Office of Foreign Asset Control's list of blocked persons. .
(Sec. 1411) This section states that 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 expansion of credit, capital, and other financial support.
(Sec. 1412) There is established the United States International Development Finance Corporation to mobilize and facilitate the participation of private sector capital and shills in the economic development of less developed countries.
(Sec. 1413) This section sets forth the management, structure, and personnel of the corporation, including a Board of Directors.
(Sec. 1414) This section provides for an inspector general of the corporation.
(Sec. 1415) The board shall establish a transparent and independent accountability mechanism.
(Sec. 1421) General provisions are set forth relating to the authorities of the corporation, administrative and general provisions, monitoring, evaluation, reporting of corporation activities, and transitional provisions.
TITLE V--CONDITIONS, RESTRICTIONS, AND PROHIBITIONS
(Sec. 1451) No entity receiving support from the corporation may receive more than 5% of the corporations contingent liability.
(Sec. 1453) The corporation may not provide support for a government engaged in acts of international terrorism or for an individual listed as blocked by the Office of Foreign Assets Control of the Department of the Treasury.
DIVISION G--SYRIA STUDY GROUP
(Sec. 1501) This bill establishes the Syria Study Group to report on U.S. military and diplomatic strategy and desired outcomes with respect to the conflict in Syria. The group's report will assess:
- the current situation in Syria,
- the participation and objectives of external actors,
- the consequences of continued conflict,
- recommendations for resolving the conflict,
- a road map for the United States to reestablish security and governance in the country, and
- any other matters relevant to the conflict.
DIVISION H--PREVENTING EMERGING THREATS
Preventing Emerging Threats Act of 2018
(Sec. 1602) This division amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to each authorize specified personnel to act to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft (drone) poses to the safety or security of facilities or assets identified regarding potentially impacted airspace located in the United States, through a risk-based assessment.
The actions authorized are to:
- detect, identify, monitor, and track the drone, without prior consent, during its operation;
- warn the drone's operator;
- disrupt control of the drone, without prior consent;
- seize or exercise control of the drone;
- confiscate the drone; or
- use reasonable force, if necessary, to disable, damage, or destroy the drone.
DHS and DOJ shall: (1) conduct research, testing, training on, and evaluation of equipment to determine its capability and utility prior to the use of any such technology for such actions; and (2) coordinate with the Federal Aviation Administration when any action authorized by this section might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace. Any drone seized by DHS or DOJ is subject to forfeiture to the United States.
DHS shall evaluate the threat from drones to U.S. critical infrastructure and to domestic large hub airports.
(Sec. 1603) The missions authorized to be performed by the Coast Guard shall include those related to functions of the Coast Guard relating to security or protection of facilities and assets assessed to be high-risk and a potential target for unlawful drone activity.
DIVISION I--SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF, 2018
Supplemental Appropriations for Disaster Relief Act, 2018
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Supplemental appropriations are made for the Community Development Fund related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declaration.
Sec. 1701) The budgetary effects of this division shall not be entered on specified PAYGO scorecards.
DIVISION J--MARITIME SECURITY
Maritime Security Improvement Act of 2018
(Sec. 1802) This section defines "appropriate committees of Congress" applicable to this division.
(Sec. 1803) DHS shall: (1) provide the Transportation Security Administration (TSA) with updates to specified required vulnerability assessments to avoid any duplication of effort between the Coast Guard and the TSA; and (2) identify any security gaps between authorities of operating entities within DHS that a threat could exploit to cause a transportation security incident.
(Sec. 1804) The Security and Accountability for Every Port Act of 2006 is amended to require DHS to develop, implement, and update triennially (currently, as appropriate) a strategic plan to enhance the security of the international supply chain.
(Sec. 1805) DHS, through the Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of DHS, shall: (1) not later than one year after this bill's enactment, coordinate with the National Maritime Security Advisory Committee, the Area Maritime Security Advisory Committees, and other maritime stakeholders, as necessary, to develop and implement a maritime cybersecurity risk assessment model to evaluate current and future cybersecurity risks that have the potential to affect the marine transportation system or that would cause a transportation security incident; and (2) not less than biennially thereafter, evaluate the effectiveness of such model.
The National Maritime Security Advisory Committee may take specified actions with respect to enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident between relevant federal agencies and specified parties.
The Commandant and the Under Secretary shall: (1) ensure that there is a process for each Area Maritime Security Advisory Committee to facilitate the sharing of information related to cybersecurity risks that may cause transportation security incidents, to timely report transportation security incidents to the national level and to disseminate such reports across the entire maritime transportation system via the National Cybersecurity and Communications Integration Center; and (2) issue voluntary guidance for the management of such cybersecurity risks in each Area Maritime Transportation Security Plan and facility security plan approved after the date that the cybersecurity risk assessment model is developed.
This section sets deadlines for vulnerability assessments and security plans and includes cybersecurity as well as physical security in such plans.
(Sec. 1806) This section provides for at least annual risk-based no notice facility inspections to verify the effectiveness of each facility security plan.
(Sec. 1807) DHS must, by 180 days after enactment of this division and biennially thereafter: (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 DHS with responsibility for maritime security missions; and (2) submit each update to appropriate congressional committees.
(Sec. 1808) By one year after this bill's enactment, the GAO shall report on the state of the Coast Guard's deployable specialized forces.
(Sec. 1809) The bill repeals provisions regarding interagency operational centers for port security and secure systems of transportation.
(Sec. 1810) The GAO shall: (1) conduct an analysis of all operations in the applicable location of the U.S. Customs and Border Protection's Air and Marine Operations and any other agency of DHS that operates air and marine assets, and (2) examine the extent to which it is synchronizing and deconflicting any duplicative flight hours or patrols with specified agencies.
(Sec. 1811) DHS must assess the number and type of maritime assets and the number of personnel required to increase DHS's maritime response rate pursuant to the National Defense Authorization Act for Fiscal Year 2017.
(Sec. 1812) DHS's report on the effectiveness of, and the need for any improvements to, the Container Security Initiative must be submitted by 270 days after this bill's enactment.
(Sec. 1813) DHS must report to Congress, within 180 days of enactment, a maritime border threat analysis that includes an identification and description of:
- current and potential threats posed by the individuals and groups seeking to enter the United States through the maritime border, or to exploit border vulnerabilities on the maritime border;
- improvements needed at U.S. sea ports to prevent terrorists and instruments of terror from entering the United States and to reduce criminal activity, as measured by the total flow of illegal goods and illicit drugs, related to the maritime border;
- improvements needed with respect to the maritime border to prevent terrorists and instruments of terror from entering the United States and to reduce criminal activity related to the maritime border;
- vulnerabilities in law, policy, cooperation between state, territorial, and local law enforcement, or international agreements that hinder effective and efficient border security, counterterrorism, anti-human trafficking efforts, and the flow of legitimate trade with respect to the maritime border; and
- metrics and performance parameters used by DHS to evaluate maritime security effectiveness.
(Sec. 1814) The department in which the Coast Guard is operating shall: (1) partner with other federal, state, and local government agencies to leverage existing technology, including existing sensor and camera systems and other sensors, in place along the maritime border to facilitate monitoring of high-risk maritime borders; and (2) subject to the availability of appropriations, enter into such agreements as the department considers necessary to ensure the monitoring.
(Sec. 1815) Not later than 90 days after this bill's enactment, DHS shall transmit to Congress a report on: (1) the average completion time of an appeal for individuals found to be ineligible for a transportation security card, (2) the most common reasons for any delays at each step in such process, and (3) recommendations on how to resolve any such delays as expeditiously as possible.
(Sec. 1816) This section repeals provisions of the Security and Accountability for Every Port Act of 2006 relating to a study to identify redundant background records checks, inspection of car ferries entering from abroad, and a report on arrival and departure manifest for certain commercial vessels in the U. S. Virgin Islands.
Provisions relating to inspection technology and training to facilitate the implementation of supply chain security measures at ports are modified.
The bill repeals the pilot program to improve the security of empty containers, the security plan for essential air service and small community airports, and the aircraft charter customer and lessee prescreening program.
DIVISION K--TRANSPORTATION SECURITY
TITLE I--TRANSPORTATION SECURITY
TSA Modernization Act
(Sec. 1902) This section identifies the House Committee on Homeland Security and the Senate Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation as the "appropriate committees of Congress" for purposes of this division.
Subtitle A--Organization and Authorizations
(Sec. 1903) This title authorizes appropriations for the Transportation Security Administration (TSA) through FY2021.
(Sec. 1904) Organizational changes are made with respect to the TSA, including placing it under the administration of the Department of Homeland Security (DHS) and requiring review of its personnel management system to recommend reforms to it. The term of the Administrator of the TSA is five years. Changes are also made to the TSA's pay for federal air marshals and criminal investigators and the rank awards program for TSA's executives and senior professionals. A comprehensive, agency-wide efficiency review of the TSA is mandated.
Subtitle B-- Security Technology
(Sec. 1911) The TSA shall develop and implement a program to enable a vendor of related security screening technology to obtain testing and verification, including as an alternative to the TSA's test and evaluation process, by an appropriate third party, of such technology before procurement or deployment.
(Sec. 1912) The TSA shall continue to operate the Transportation Security Administration Systems Integration Facility for the purposes of testing and evaluating advanced transportation security screening technologies related to the mission of the TSA.
(Sec. 1913) The TSA shall develop and submit to specified congressional committees a strategy to promote a diverse security technology industry marketplace upon which it can rely to acquire advanced transportation security technologies or capabilities, including by increased participation of small business innovators.
(Sec. 1914) The TSA shall develop a validation process for the reciprocal recognition of security equipment technology approvals among international security partners or recognized certification authorities for deployment.
(Sec. 1915) DOT: (1) shall conduct a review to determine whether the TSA is the most appropriate component within DOT to administer the Transportation Security Laboratory, and (2) may direct the TSA to administer the Transportation Security Laboratory if the review identifies the TSA as the most appropriate component.
(Sec. 1916) The TSA shall establish an innovation task force to: (1) cultivate innovations in transportation security, (2) develop and recommend how to prioritize and streamline requirements for new approaches to transportation security, (3) accelerate the development and introduction of new innovative transportation security technologies and improvements to transportation security operations, and (4) provide industry with access to the airport environment during the technology development and assessment process to demonstrate the technology and to collect data to understand and refine technical operations and human factor issues.
(Sec. 1917) The Homeland Security Act of 2002 (HSA) is amended to add requirements for the five-year technology investment plan update, including information relating to technology investments by the TSA.
(Sec. 1918) The HSA is amended to require the TSA to develop and implement a preventive maintenance validation process for security-related technology deployed to airports.
(Sec. 1919) The TSA and U.S. Customs and Border Protection (CBP) shall consult with each other on the deployment of biometric technologies.
(Sec. 1920) The TSA shall establish a pilot program to implement and evaluate the use of automated exit lane technology at small hub airports and nonhub airports.
(Sec. 1921) Appropriations are authorized for FY 2019-FY2021 for monitoring passenger exit points from the sterile area of airports at which the TSA provided such monitoring as of December 1, 2013.
(Sec. 1922) The TSA 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.
(Sec. 1923) The GAO shall study whether the TSA allocates resources, including advanced imaging and computed tomography technologies, appropriately based on risk at Category X, I, II, III, and IV airports at which security screening operations are conducted or overseen by the TSA.
(Sec. 1924) The TSA, in coordination with relevant officials of DOT, shall conduct a review of existing advanced transportation security screening technology testing and evaluation, acquisitions, and procurement practices within the TSA.
(Sec. 1925) The TSA shall: (1) 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; (2) submit to the appropriate congressional committees 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; and (3) initiate a two-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.
Subtitle C--Public Area Security
(Sec. 1927) The TSA shall establish a working group to support decentralized, nonfederal domestic canine breeding capacity to produce high quality explosive detection canine and modernize canine training standards.
(Sec. 1928) The TSA must develop and issue behavioral standards, medical standards, and technical standards that a third party explosives detection canine must satisfy to be certified for the screening of individuals and property, including the detection of explosive vapors.
(Sec. 1929) The TSA shall use a digital monitoring system for all training, testing, and validation or certification of public and private canine assets utilized or funded by the TSA to facilitate improved review, data analysis, and record keeping of canine testing performance and program administration.
(Sec. 1930) The TSA shall notify the appropriate congressional committees of the number of VIPR (Visible Intermodal Prevention and Response) teams available for deployment at transportation facilities.
(Sec. 1931) The TSA 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.
(Sec. 1932) The TSA shall periodically submit information on any best practices developed by the TSA or appropriate transportation stakeholders related to protecting the public spaces of transportation infrastructure from emerging threats to other transportation security stakeholders.
DOT shall expand public programs of DHS and the TSA that increase security threat awareness, education, and training to include transportation network public area employees.
(Sec. 1933) The TSA shall submit to the GAO and the appropriate congressional committees a study examining the shared cost and feasibility to airports, airlines, and the TSA of implementing enhanced employee inspection measures at all access points between non-secured areas and secured areas at a statistically significant number of Category I, II, III, IV, and X airports.
(Sec. 1934) The TSA shall consult with air carriers, foreign air carriers, airport operators, and labor unions representing credentialed employees to enhance security awareness of credentialed airport populations regarding insider threats to aviation security and best practices related to airport access controls.
(Sec. 1935) The TSA shall increase the number of awards, and the total funding amount of each award, under the Law Enforcement Officer Reimbursement Program to: (1) increase the presence of law enforcement officers in the public areas of airports, (2) increase the presence of law enforcement officers at screening checkpoints, (3) reduce the response times of law enforcement officers during security incidents, and (4) provide visible deterrents to potential terrorists.
(Sec. 1936) The TSA shall: (1) update the Transportation Sector Security Risk Assessment (TSSRA); and (2) not later than 90 days after the date the TSSRA is updated update with the most currently available intelligence information the Comprehensive Risk Assessment of Perimeter and Access Control Security (Risk Assessment of Airport Security), establish a regular schedule for periodic updates to the Risk Assessment of Airport Security, and conduct a system-wide assessment of airport access control points and airport perimeter security.
The TSA shall update the 2012 National Strategy for Airport Perimeter and Access Control Security and establish a regular schedule for updating such strategy.
Subtitle D--Passenger and Cargo Security
(Sec. 1937) The security screening pilot program is replaced by the precheck program under which travelers who are members of a specified trusted traveler program receive expedited security screening at passenger screening checkpoints.
(Sec. 1938) The TSA shall commence a pilot program for a risk modified screening protocol for lanes other than designated TSA PreCheck security screening lanes at passenger screening checkpoints, in airports of varying categories, to further segment passengers based on risk.
(Sec. 1939) The TSA shall review each trusted traveler program administered by CBP and the PreCheck Program and identify any improvements that can be made to such programs.
(Sec. 1940) Passenger security services fees collected for any fiscal year shall be credited as offsetting collections to appropriations made for aviation security measures carried out by the TSA.
(Sec. 1941) The Implementing Recommendations of the 9/11 Commission Act of 2007 is amended with respect to third party canine teams for air cargo security.
(Sec. 1942) The TSA shall direct the Air Cargo Subcommittee of the Aviation Security Advisory Committee to (1) conduct a comprehensive review and security assessment of the Known Shipper Program, (2) recommend whether the Known Shipper Program should be modified or eliminated considering the full implementation of 100% screening, and (3) report its findings and recommendations to the TSA. The Known Shipper Program is an automated process for verifying the validity and integrity of cargo shippers.
(Sec. 1943) The TSA shall establish an air cargo security division to carry out and engage with stakeholders on the implementation of air cargo security programs established by the TSA.
(Sec. 1944) The TSA shall: (1) review the Certified Cargo Screening Program and (2) submit to the appropriate congressional committees a report on the findings of such review.
(Sec. 1945) The GAO shall: (1) review DOT's analysis and intelligence prescreening processes and procedures for air cargo entering the United States; (2) review the pilot program to test the use of screening equipment using computed tomography technology to screen baggage at passenger screening checkpoints at airports; (3) assess the effectiveness of DOT's risk-based strategy for examining air cargo and ensuring compliance with air cargo security law; and (4) review DOT's information sharing procedures and practices for disseminating information to relevant stakeholders on preventing, mitigating, and responding to air cargo related threats.
(Sec. 1946) The security screening opt-out program is replaced by a screening partnership program under which TSA shall enter into a contract with a private screening company from the list provided for the provision of screening at the airport not later than 120 days after the date of approval of an application submitted by the airport operator.
(Sec. 1947) The TSA shall quarterly make available to the director of an airport: (1) an assessment of the screening performance of that airport compared to the mean average performance of all airports in the equivalent airport category for screening performance data, and (2) a briefing on the results of performance data reports.
(Sec. 1948) The TSA shall establish: (1) a training program for new security screening personnel located at the TSA Academy, and (2) recurring training for security screening personnel regarding updates to screening procedures and technologies.
(Sec. 1949) The TSA, using existing resources, systems, and processes, shall ensure the availability of DHS's Traveler Redress Inquiry Program (DHS TRIP) redress process to adjudicate an inquiry for an individual who: (1) is a citizen of the United States or alien lawfully admitted for permanent residence, (2) has filed an inquiry with DHS TRIP after receiving enhanced screening at an airport passenger security checkpoint more than three times in any 60-day period, and (3) believes that he or she has been wrongly identified as being a threat to aviation security.
(Sec. 1950) The TSA, in consultation with nationally-recognized veterans and disability organizations, shall revise the training requirements for TSA officers related to the screening of passengers with disabilities, including passengers with disabilities who participate in the PreCheck program.
(Sec. 1951) CBP and the TSA shall: (1) establish an air cargo advance screening program (ACAS) 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; (3) establish appropriate communications systems with freight forwarders, shippers, and air carriers; (4) establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and (5) identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the TSA.
Under the ACAS program, the U.S. Customs and Border Protection and the TSA 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.
(Sec. 1952) Securing General Aviation and Charter Air Carrier Service Act
The TSA shall submit to the appropriate congressional committees a report on the status of the deployment of the advanced passenger prescreening system, and access thereto for certain aircraft charter operators.
Subtitle E--Foreign Airport Security
(Sec. 1953) The TSA shall consult and notify, prior to making changes to security standards, via security directives and emergency amendments for last points of departure, trade association representatives, for affected air carriers and airports, who hold the appropriate security clearances and the head of each relevant federal department or agency.
(Sec. 1955) The TSA 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 United States or U.S. citizens.
(Sec. 1956) The TSA, in coordination with the CBP, the Office of International Engagement of DHS, and the Department 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.
(Sec. 1957) The TSA, in coordination with DOT and the FAA, 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 TSA; 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.
(Sec. 1958) DHS 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 two years preceding the submission of the report; and (2) for each such airport certain assessments as well as a determination regarding whether additional security measures should be imposed on flights to the United States that originate from that airport and an explanation of the rationale for that determination.
Subtitle F--Cockpit and Cabin Security
(Sec. 1959) The TSA shall develop a standard written agreement that shall be the basis of all negotiations and agreements that begin after the enactment of this bill 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.
(Sec. 1960) The TSA shall continue to carry out and encourage increased participation by air carrier employees in the voluntary self-defense training program.
(Sec. 1961) The TSA 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.
(Sec. 1962) The TSA shall periodically review and amend, as necessary, the interpretive rule that provides guidance to the public on types of prohibited weapons, explosives, and incendiaries.
(Sec. 1963) The federal flight deck officer program is revised, providing improved access to training facilities and other measures to facilitate training.
Subtitle G--Surface Transportation Security
(Sec. 1964) The TSA shall complete an assessment of the vulnerabilities of and risks to surface transportation systems.
(Sec. 1965) In conjunction with the submission of DOT's annual budget request to the Office of Management and Budget, the TSA shall submit to the appropriate congressional committees 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; and (2) is organized by appropriations account, program, project, and initiative.
The TSA shall submit to specified congressional committees a five-year capital investment plan, consistent with the five-year technology investment plan under the HSA.
(Sec. 1966) The GAO shall: (1) review the staffing, budget, resource, and personnel allocation, and management oversight strategy of TSA'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 congressional committees a report on the findings of such reviews.
(Sec. 1967) The TSA 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 two years have passed since the enactment of the law.
(Sec. 1968) If the TSA deploys any counterterrorism personnel or resource, such as explosive detection sweeps, random bag inspections, or patrols by Visible Intermodal Prevention and Response teams, to enhance security at a transportation system or transportation facility for a period of not less than 180 consecutive days, the TSA shall provide sufficient notification to the system or facility operator not less than 14 days prior to terminating the deployment.
(Sec. 1969) The HSA is amended to require the TSA to establish the Surface Transportation Security Advisory Committee to advise, consult with, report to, and make recommendations to the TSA on surface transportation security matters.
(Sec. 1970) The Inspector General of DOT shall review the explosives detection canine program and submit a report to the appropriate committees of congress on such review.
(Sec. 1971) DOT 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.
(Sec. 1972) The GAO shall conduct a study of how the TSA identifies and compares U.S. and foreign passenger transportation security standards and best practices for protecting passenger transportation systems and disseminates such findings.
(Sec. 1973) The Implementing Recommendations of the 9/11 Commission Act of 20007 is amended with respect to Amtrak security upgrades.
(Sec. 1974) The TSA shall issue a decision on the use by Amtrak of the TSA's Secure Flight Program or a similar passenger vetting system to enhance passenger rail security.
(Sec. 1975) The TSA shall submit to the appropriate congressional congressional committees and the GAO a strategy to guide operations of surface transportation security inspectors that addresses, among other things, any limitations in data systems for such inspectors, as identified by the GAO. The GAO shall review such strategy and issue recommendations.
(Sec. 1976) The TSA shall establish a program to promote surface transportation security through the training of surface transportation operators and frontline employees on each of the skills necessary to recognize, assess, and respond to suspicious items or actions that could indicate a threat to transportation.
The TSA shall conduct an assessment of current training programs for surface transportation operators and frontline employees to identify whether other training is being provided, either voluntarily or in response to other federal requirements, and whether there are any gaps in existing training.
DOT shall maintain a national telephone number for reporting suspicious activity to the TSA.
(Sec. 1977) An individual who is subject to credentialing or a background investigation may satisfy that requirement by obtaining a valid transportation security card.
(Sec. 1978) Background records checks for issuance of hazmat licenses are modified.
(Sec. 1979) DOT shall solicit proposals for technologies to improve scanning of cargo at domestic ports.
(Sec. 1980) The GAO shall conduct a study on the roles and responsibilities of DHS and DOT with respect to pipeline security.
(Sec. 1981) DOT, acting through the TSA and in coordination with DHS, shall submit to the appropriate congressional committees, a feasibility assessment of modifying the security of surface transportation assets.
(Sec. 1982) The TSA shall disseminate best practices to public and private stakeholders on how to enhance transportation security against the threat of a vehicle-based terrorist attack.
(Sec. 1983) DOT shall begin conducting a survey of public and private stakeholders responsible for securing surface transportation assets regarding resource challenges, including the availability of federal funding, associated with securing such assets that provides an opportunity for respondents to set forth information on specific unmet needs
(Sec. 1984) DOT, in coordination with the National Institute of Standards and Technology and the head of each relevant federal department or agency researching nuclear material detection systems or explosive detection systems, shall research, facilitate, and, to the extent practicable, deploy next generation technologies, including active neutron interrogation, to detect nuclear material and explosives in transportation systems and transportation facilities.
Subtitle H--Transportation Security
(Sec. 1985) The GAO shall evaluate the degree to which the most recent National Strategy for Transportation Security, as updated, is reflected in relevant federal transportation security programs, budgets, research, staffing levels, and related activities.
(Sec. 1986) The TSA shall annually develop, consistent with the transportation modal security plans required, risk-based priorities based on risk assessments conducted or received by DOT across all transportation modes that consider threats, vulnerabilities, and consequences.
(Sec. 1987) The TSA shall make available to public and private stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes.
(Sec. 1988) There is established within the TSA a National Deployment Office to be headed by an individual designated by the TSA.
(Sec. 1989) The TSA 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; and (2) require each Federal Security Director at an airport to inform, consult, and coordinate 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.
The TSA 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;
- establish a mechanism to share with state and local transportation entities best practices from across the law enforcement spectrum that relate to employee training, employee professional development, technology development and deployment, hardening tactics, and passenger and employee awareness programs;
- implement the Framework for Improving Critical Infrastructure Cybersecurity developed by the National Institute of Standards and Technology, and any update to such framework, to manage the agency's cybersecurity risks and evaluate, on a periodic basis the use of the framework;
- conduct cybersecurity vulnerability assessments for airports and air carriers.
DOT shall: (1) evaluate the cybersecurity of TSA trusted traveler and credentialing programs that contain personal information of specific individuals or information that identifies specific individuals, including the Transportation Worker Identification Credential and PreCheck programs; (2) identify any cybersecurity risks under such programs; and (3) develop remediation plans to address the cybersecurity risks identified.
(Sec. 1990) DOT shall submit to the appropriate congressional committees 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) This subtitle sets form conforming and technical amendments to title 49 (Transportation) of the U.S. Code.