[Congressional Record Volume 162, Number 54 (Monday, April 11, 2016)]
[Senate]
[Pages S1876-S1878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMERICA'S SMALL BUSINESS TAX RELIEF ACT OF 2015--Continued
Amendments Nos. 3476, as Modified; 3492, as Modified; 3500; 3526; 3535;
3621; 3620; 3633; 3534; 3623; and 3567 to Amendment No. 3464
Mr. THUNE. Mr. President, I ask unanimous consent that the Senate
resume consideration of H.R. 636 and that the following amendments be
called up and reported by number: Cassidy amendment No. 3476, as
modified; Inhofe amendment No. 3492, as modified; Hoeven amendment No.
3500; Flake amendment No. 3526; Cotton amendment No. 3535; Nelson
amendment No. 3621; Booker amendment No. 3620; Nelson amendment No.
3633; Cantwell amendment No. 3534; Whitehouse amendment No. 3623; and
Cochran amendment No. 3567.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the amendments by number.
The senior assistant legislative clerk read as follows:
The Senator from South Dakota [Mr. Thune], for others,
proposes amendments numbered 3476, as modified; 3492, as
modified; 3500; 3526; 3535; 3621; 3620; 3633; 3534; 3623; and
3567 en bloc to amendment No. 3464.
The amendments are as follows:
AMENDMENT NO. 3476, as Modified
(Purpose: To authorize certain flights by Stage 2 airplanes)
At the end of title V, add the following:
SEC. 5032. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2
AIRPLANES.
(a) In General.--Notwithstanding section 47534 of title 49,
United States Code, not later than 180 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a pilot program to
permit the operator of a Stage 2 airplane to operate that
airplane in nonrevenue service into not more than four medium
hub airports or nonhub airports if--
(1) the airport--
(A) is certified under part 139 of title 14, Code of
Federal Regulations;
(B) has a runway that--
(i) is longer than 8,000 feet and not less than 200 feet
wide; and
(ii) is load bearing with a pavement classification number
of not less than 38; and
(C) has a maintenance facility with a maintenance
certificate issued under part 145 of such title; and
(2) the operator of the Stage 2 airplane operates not more
than 10 flights per month using that airplane.
(b) Termination.--The regulations required by subsection
(a) shall terminate on the earlier of--
(1) the date that is 10 years after the date of the
enactment of this Act; or
(2) the date on which the Administrator determines that no
Stage 2 airplanes remain in service.
(c) Definitions.--In this section:
(1) Medium hub airport; nonhub airport.--The terms ``medium
hub airport'' and ``nonhub airport'' have the meanings given
those terms in section 40102 of title 49, United States Code.
(2) Stage 2 airplane.--The term ``Stage 2 airplane'' has
the meaning given that term in section 91.851 of title 14,
Code of Federal Regulations (as in effect on the day before
the date of the enactment of this Act).
AMENDMENT NO. 3492, as Modified
(Purpose: Relating to the operation of unmanned aircraft systems by
owners and operators of critical infrastructure)
On page 84, between lines 10 and 11, insert the following:
``(f) Operation by Owners and Operators of Critical
Infrastructure.--
``(1) In general.--Any application process established
under subsection (a) shall allow for a covered person to
apply to the Administrator to operate an unmanned aircraft
system to conduct activities described in paragraph (2)--
``(A) beyond the visual line of sight of the individual
operating the unmanned aircraft system; and
``(B) operation during the day or at night.
``(2) Activities described.--The activities described in
this paragraph that a covered person may use an unmanned
aircraft system to conduct are the following:
``(A) Activities for which compliance with current law or
regulation can be accomplished by the use of manned aircraft,
including--
``(i) conducting activities to ensure compliance with
Federal or State regulatory, permit, or other requirements,
including to conduct surveys associated with applications for
permits for new pipeline or pipeline systems construction or
maintenance or rehabilitation of existing pipelines or
pipeline systems; or
``(ii) conducting activities relating to ensuring
compliance with--
``(I) the requirements of part 192 or 195 of title 49, Code
of Federal Regulations; or
``(II) any Federal, State, or local governmental or
regulatory body or industry best practice pertaining to the
construction, ownership, operation, maintenance, repair, or
replacement of covered facilities.
``(B) Activities to inspect, repair, construct, maintain,
or protect covered facilities, including to respond to a
pipeline, pipeline system, or electric energy infrastructure
incident, or in response to or in preparation for a natural
disaster, man-made disaster, severe weather event, or other
incident beyond the control of the covered person that may
cause material damage to a covered facility.
``(3) Definitions.--In this subsection:
``(A) Covered facility.--The term `covered facility' means
a pipeline, pipeline system, electric energy generation,
transmission, or distribution facility (including renewable
electric energy), oil or gas production, refining, or
processing facility, or other critical infrastructure.
``(B) Covered person.--The term `covered person' means a
person that--
``(i) owns or operates a covered facility;
``(ii) is the sponsor of a covered facility project;
``(iii) is an association of persons described by clause
(i) or (ii) and is seeking programmatic approval for an
activity in accordance with this subsection; or
``(iv) is an agent of any person described in clause (i),
(ii), or (iii).
[[Page S1877]]
``(C) Critical infrastructure.--The term `critical
infrastructure' has the meaning given that term in section
2339D of title 18.''.
``(4) Deadline.--Within 90 days from the date of enactment
of the FAA Reauthorization of 2016 the Administrator must
certify to the appropriate Committees of Congress that a
process has been established to facilitate applications for
operations provided for under this subsection. If the
Administrator cannot provide this certification, the
Administrator, within 180 days of from the due date of that
certification, shall update the process under (a) to provide
for such applications.
AMENDMENT NO. 3500
(Purpose: To provide for a 5-year extension of the unmanned aircraft
system test site program)
On page 67, line 13, strike ``2017'' and insert ``2022''.
AMENDMENT NO. 3526
(Purpose: To establish an airspace management advisory committee)
At the end of subtitle E of title II, add the following:
SEC. 2506. AIRSPACE MANAGEMENT ADVISORY COMMITTEE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall establish
an advisory committee to carry out the duties described in
subsection (b).
(b) Duties.--The advisory committee shall--
(1) conduct a review of the practices and procedures of the
Federal Aviation Administration for developing proposals with
respect to changes in regulations, policies, or guidance of
the Federal Aviation Administration relating to airspace that
affect airport operations, airport capacity, the environment,
or communities in the vicinity of airports, including--
(A) an assessment of the extent to which there is
consultation, or a lack of consultation, with respect to such
proposals--
(i) between and among the affected elements of the Federal
Aviation Administration, including the Air Traffic
Organization, the Office of Airports, the Flight Standards
Service, the Office of NextGen, and the Office of Energy and
Environment; and
(ii) between the Federal Aviation Administration and
affected entities, including airports, aircraft operators,
communities, and State and local governments;
(2) recommend revisions to such practices and procedures to
improve communications and coordination between and among
affected elements of the Federal Aviation Administration and
with other affected entities with respect to proposals
described in paragraph (1) and the potential effects of such
proposals;
(3) conduct a review of the management by the Federal
Aviation Administration of systems and information used to
evaluate data relating to obstructions to air navigation or
navigational facilities under part 77 of title 14, Code of
Federal Regulations; and
(4) make recommendations to ensure that the data described
in paragraph (3) is publicly accessible and streamlined to
ensure developers, airport operators, and other interested
parties may obtain relevant information concerning potential
obstructions when working to preserve and create a safe and
efficient navigable airspace.
(c) Membership.--The membership of the advisory committee
established under subsection (a) shall include
representatives of--
(1) air carriers, including passenger and cargo air
carriers;
(2) general aviation, including business aviation and fixed
wing aircraft and rotocraft;
(3) airports of various sizes and types;
(4) air traffic controllers; and
(5) State aviation officials.
(d) Report Required.--Not later than one year after the
establishment of the advisory committee under subsection (a),
the advisory committee shall submit to Congress a report on
the actions taken by the advisory committee to carry out the
duties described in subsection (b).
AMENDMENT NO. 3535
(Purpose: To clarify the provision relating to airports that enter into
certain leases with components of the Armed Forces)
On page 46, line 15, insert after ``National Guard'' the
following: ``, without regard to whether that component
operates aircraft at the airport''.
AMENDMENT NO. 3621
(Purpose: To secure aircraft avionics systems)
At the appropriate place, insert the following:
SEC. ____. SECURING AIRCRAFT AVIONICS SYSTEMS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall consider revising Federal Aviation
Administration regulations regarding airworthiness
certification--
(1) to address cybersecurity for avionics systems,
including software components; and
(2) to require that aircraft avionics systems used for
flight guidance or aircraft control be secured against
unauthorized access via passenger in-flight entertainment
systems through such means as the Administrator determines
appropriate to protect the avionics systems from unauthorized
external and internal access.
(b) Consideration.--The Administrator's consideration and
any action taken under subsection (a) shall be in accordance
with the recommendations of the Aircraft Systems Information
Security Protection Working Group under section 5029(d) of
this Act.
On page 354, between lines 16 and 17, insert the following:
(3) In-flight entertainment systems review.--As part of its
review under subparagraphs (A) and (B) of paragraph (2), the
working group shall review the cybersecurity risks of in-
flight entertainment systems to consider whether such systems
can and should be isolated and separate from systems required
for safe flight and operations, including reviewing standards
for air gaps or other means determined appropriate.
On page 354, line 17, strike ``(3)'' and insert ``(4)''.
On page 354, line 23, strike ``(4)'' and insert ``(5)''.
On page 355, line 9, strike ``(5)'' and insert ``(6)''.
AMENDMENT NO. 3620
(Purpose: To modify the definition of small business concern for
purposes of the airport improvement program)
At the end of subtitle B of title I, add the following:
SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN.
Section 47113(a)(1) is amended to read as follows:
``(1) `small business concern'--
``(A) except as provided in subparagraph (B), has the same
meaning given that term in section 3 of the Small Business
Act (15 U.S.C. 632); and
``(B) in the case of a concern in the construction
industry, a concern shall be considered a small business
concern if the concern meets the size standard for the North
American Industry Classification System Code 237310, as
adjusted by the Small Business Administration;''.
AMENDMENT NO. 3633
(Purpose: To improve section 2317)
Beginning on page 204, strike line 21 and all that follows
through page 206, line 9, and insert the following:
(a) Restrictions on Transportation of Lithium Batteries on
Aircraft.--
(1) Adoption of icao instructions.--
(A) In general.--Pursuant to section 828 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44701 note),
not later than 90 days after the date of enactment of this
Act, the Secretary of the Department of Transportation shall
conform United States regulations on the air transport of
lithium cells and batteries with the lithium cells and
battery requirements in the 2015-2016 edition of the
International Civil Aviation Organization's (referred to in
this subsection as ``ICAO'') Technical Instructions (to
include all addenda) including the revised standards adopted
by ICAO which became effective on April 1, 2016.
(B) Further proceedings.--Beginning on the date the revised
regulations under subparagraph (A) are published in the
Federal Register, any lithium cell and battery rulemaking
action or update commenced on or after that date shall
continue to comply with the requirements under section 828 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note).
(2) Review of other regulations.--Pursuant to section 828
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
44701 note), the Secretary of Transportation may initiate a
review of other existing regulations regarding the air
transportation, including passenger-carrying and cargo
aircraft, of lithium batteries and cells.
(3) Medical device batteries.--
(A) In general.--For United States applicants, the
Secretary of Transportation shall consider and either grant
or deny, within 45 days, applications submitted in compliance
with part 107 of title 49, Code of Federal Regulations for
special permits or approvals for air transportation of
lithium ion cells or batteries specifically used by medical
devices. Not later than 30 days after the date of
application, the Pipeline and Hazardous Materials Safety
Administration shall provide a draft special permit based on
the application to the Federal Aviation Administration. The
Federal Aviation Administration shall conduct an on-site
inspection for issuance of the special permit not later than
10 days after the date of receipt of the draft special permit
from the Pipeline and Hazardous Materials Safety
Administration.
(B) Definition of medical device.--In this paragraph, the
term ``medical device'' has the meaning given the term
``device'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(4) Savings clause.--Nothing in this section shall be
construed as expanding or constricting any other authority
the Secretary of Transportation has under section 828 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note).
AMENDMENT NO. 3534
(Purpose: To establish a national multimodal freight advisory committee
in the Department of Transportation)
At the appropriate place, insert the following:
SEC. __. NATIONAL MULTIMODAL FREIGHT ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Transportation shall
establish a national multimodal freight advisory committee
(referred to in this section as the ``Committee'') in the
Department of Transportation, which shall consist of a
balanced cross-section of
[[Page S1878]]
public and private freight stakeholders representative of all
freight transportation modes, including--
(1) airports, highways, ports and waterways, rail, and
pipelines;
(2) shippers;
(3) carriers;
(4) freight-related associations;
(5) the freight industry workforce;
(6) State departments of transportation;
(7) local governments;
(8) metropolitan planning organizations;
(9) regional or local transportation authorities, such as
port authorities;
(10) freight safety organizations; and
(11) university research centers.
(b) Purpose.--The purpose of the Committee shall be to
promote a safe, economically efficient, and environmentally
sustainable national freight system.
(c) Duties.--The Committee, in consultation with State
departments of transportation and metropolitan planning
organizations, shall provide advice and recommendations to
the Secretary of Transportation on matters related to freight
transportation in the United States, including--
(1) the implementation of freight transportation
requirements;
(2) the establishment of a National Multimodal Freight
Network under section 70103 of title 49, United States Code;
(3) the development of the national freight strategic plan
under section 70102 of such title;
(4) the development of measures of conditions and
performance in freight transportation;
(5) the development of freight transportation investment,
data, and planning tools; and
(6) recommendations for Federal legislation.
(d) Qualifications.--Each member of the Committee shall be
sufficiently qualified to represent the interests of the
member's specific stakeholder group, such as--
(1) general business and financial experience;
(2) experience or qualifications in the areas of freight
transportation and logistics;
(3) experience in transportation planning, safety,
technology, or workforce issues;
(4) experience representing employees of the freight
industry;
(5) experience representing State or local governments or
metropolitan planning organizations in transportation-related
issues; or
(6) experience in trade economics relating to freight
flows.
(e) Support Staff, Information, and Services.--The
Secretary of Transportation shall provide support staff for
the Committee. Upon the request of the Committee, the
Secretary shall provide such information, administrative
services, and supplies as the Secretary considers necessary
for the Committee to carry out its duties under this section.
AMENDMENT NO. 3623
(Purpose: To impose criminal penalties for the unsafe operation of
unmanned aircraft)
At the end of subtitle A of title II, add the following:
PART IV--OPERATOR SAFETY
SEC. 2161. SHORT TITLE.
This part may be cited as the ``Drone Operator Safety
Act''.
SEC. 2162. FINDINGS; SENSE OF CONGRESS.
(a) Finding.--Congress finds that educating operators of
unmanned aircraft about the laws and regulations that govern
such aircraft helps to ensure their safe operation.
(b) Sense of Congress.--It is the sense of Congress that
the Administrator of the Federal Aviation Administration
should continue to prioritize the education of operators of
unmanned aircraft through public outreach efforts like the
``Know Before You Fly'' campaign.
SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT.
(a) In General.--Chapter 2 of title 18, United States Code,
is amended--
(1) in section 31--
(A) in subsection (a)--
(i) by redesignating paragraph (10) as paragraph (11); and
(ii) by inserting after paragraph (9) the following:
``(10) Unmanned aircraft.--The term `unmanned aircraft' has
the meaning given such term in section 44801 of title 49.'';
and
(B) in subsection (b), by inserting `` `airport','' before
`` `appliance' ''; and
(2) by inserting after section 39A the following:
``Sec. 39B. Unsafe operation of unmanned aircraft
``(a) Offense.--Any person who operates an unmanned
aircraft and, in so doing, knowingly or recklessly interferes
with, or disrupts the operation of, an aircraft carrying 1 or
more occupants operating in the special aircraft jurisdiction
of the United States, in a manner that poses an imminent
safety hazard to such occupants, shall be punished as
provided in subsection (b).
``(b) Penalty.--
``(1) In general.--Except as provided in paragraph (2), the
punishment for an offense under subsection (a) shall be a
fine under this title, imprisonment for not more than 1 year,
or both.
``(2) Serious bodily injury or death.--Any person who
attempts to cause, or knowingly or recklessly causes, serious
bodily injury or death during the commission of an offense
under subsection (a) shall be fined under this title,
imprisoned for any term of years or for life, or both.
``(c) Operation of Unmanned Aircraft in Close Proximity to
Airports.--
``(1) In general.--The operation of an unmanned aircraft
within a runway exclusion zone shall be considered a
violation of subsection (a) unless such operation is approved
by the airport's air traffic control facility or is the
result of a circumstance, such as a malfunction, that could
not have been reasonably foreseen or prevented by the
operator.
``(2) Runway exclusion zone defined.--In this subsection,
the term `runway exclusion zone' means a rectangular area--
``(A) centered on the centerline of an active runway of an
airport immediately around which the airspace is designated
as class B, class C, or class D airspace at the surface under
part 71 of title 14, Code of Federal Regulations; and
``(B) the length of which extends parallel to the runway's
centerline to points that are 1 statute mile from each end of
the runway and the width of which is \1/2\ statute mile.''.
(b) Clerical Amendment.--The table of sections for chapter
2 of title 18, United States Code, is amended by inserting
after the item relating to section 39A the following:
``39B. Unsafe operation of unmanned aircraft.''.
AMENDMENT NO. 3567
(Purpose: To require the Federal Aviation Administration to coordinate
with the Center of Excellence for Unmanned Aircraft Systems with
respect to research relating to unmanned aircraft systems)
On page 74, strike line 19 and insert the following:
under section 44802(a) of that title, and in coordination
with the Center of Excellence for Unmanned Aircraft Systems.
(c) Use of Center of Excellence for Unmanned Aircraft
Systems.--The Administrator, in carrying out research
necessary to establish the consensus safety standards and
certification requirements in section 44803 of title 49,
United States Code, as added by section 2124, shall, to the
maximum extent practicable, leverage the research and testing
capacity and capabilities of the Center of Excellence for
Unmanned Aircraft Systems and the test sites (as defined in
44801 of such title, as added by section 2121).
Mr. THUNE. Mr. President, I ask unanimous consent that the Senate now
vote on these amendments, as well as the Bennet amendment No. 3524, as
modified with the changes at the desk, all en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3524), as modified, is as follows:
Strike section 3113 and insert the following:
SEC. 3113. LASTING IMPROVEMENTS TO FAMILY TRAVEL.
(a) Short Title.--This section may be cited as the
``Lasting Improvements to Family Travel Act'' or the ``LIFT
Act''.
(b) Accompanying Minors for Security Screening.--The
Administrator of the Transportation Security Administration
shall formalize security screening procedures that allow for
one adult family caregiver to accompany a minor child
throughout the entirety of the security screening process.
(c) Special Accommodations for Pregnant Women.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of Transportation shall review and, if
appropriate, prescribe regulations that direct all air
carriers to include pregnant women in their policies, with
respect to preboarding or advance boarding of aircraft.
(d) Family Seating.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall review and,
if appropriate, establish a policy directing all air carriers
to ensure that, if a family is traveling on a reservation
with a child under the age of 13, that child is able to sit
in a seat adjacent to the seat of an accompanying family
member over the age of 13, to the maximum extent practicable,
at no additional cost.
Vote on Amendments Nos. 3476, as Modified; 3492, as
Modified; 3500; 3526; 3535; 3621; 3620; 3633; 3534; 3623;
3567; and 3524, as Modified
Mr. THUNE. Mr. President, I know of no further debate on these
amendments.
The PRESIDING OFFICER. The question occurs on agreeing to the
amendments en bloc.
The amendments (Nos. 3476, as modified; 3492, as modified; 3500;
3526; 3535; 3621; 3620; 3633; 3534; 3623; 3567; and 3524, as modified)
were agreed to en bloc.
____________________