[Congressional Record Volume 162, Number 56 (Wednesday, April 13, 2016)]
[Senate]
[Pages S2031-S2061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3685. Mr. HELLER (for himself and Mr. Reid) submitted an amendment 
intended to be proposed to amendment SA 3679 proposed by Mr. McConnell 
(for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 636, to 
amend the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of title V, add the following:

     SEC. 5037. EXPANSION OF ALLOWABLE COSTS UNDER PORT OF ENTRY 
                   PARTNERSHIP PILOT PROGRAM.

       (a) In General.--Section 559(e)(3) of the Department of 
     Homeland Security Appropriations Act, 2014 (division F of 
     Public Law 113-76; 6 U.S.C. 211 note) is amended--
       (1) by amending subparagraph (B) to read as follows:
       ``(B) For certain costs.--The authority found in this 
     subsection may only be used at U.S. Customs and Border 
     Protection-serviced air ports of entry to enter into 
     reimbursable fee agreements for--
       ``(i) salaries and expenses of not more than 5 full-time 
     equivalent U.S. Customs and Border Protection officers;
       ``(ii) costs incurred by U.S. Customs and Border Protection 
     for the payment of overtime to employees;
       ``(iii) the salaries and expenses of individuals employed 
     by U.S. Customs and Border Protection to support U.S. Customs 
     and Border Protection officers in performing law enforcement 
     functions at ports of entry, including primary and secondary 
     processing of passengers; and
       ``(iv) other costs incurred by U.S. Customs and Border 
     Protection relating to services described in paragraph (2), 
     such as temporary placement or permanent relocation of such 
     individuals.''; and
       (2) by striking subparagraph (D).
       (b) Transition Rule.--The Commissioner of U.S. Customs and 
     Border Protection may modify a reimbursable fee agreement 
     entered into under section 559 of the Department of Homeland 
     Security Appropriations Act, 2014 (division F of Public Law 
     113-76; 6 U.S.C. 211 note), as in effect on the day before 
     the date of the enactment of this Act, to include costs 
     specified in subsection (e)(3)(B) of that section, as amended 
     by subsection (a).

[[Page S2032]]

  


     SEC. 5038. EXPANSION OF ALLOWABLE COSTS UNDER CERTAIN 
                   REIMBURSABLE SERVICES AGREEMENTS.

       (a) In General.--Section 560(g) of the Department of 
     Homeland Security Appropriations Act, 2013 (division D of 
     Public Law 113-6; 127 Stat. 380) is amended to read as 
     follows:
       ``(g) The authority found in this section may be used only 
     at U.S. Customs and Border Protection-serviced air ports of 
     entry to enter into reimbursable fee agreements for--
       ``(1) salaries and expenses of not more than 5 full-time 
     equivalent U.S. Customs and Border Protection officers;
       ``(2) costs incurred by U.S. Customs and Border Protection 
     for payment of overtime to employees;
       ``(3) the salaries and expenses of individuals employed by 
     U.S. Customs and Border Protection to support U.S. Customs 
     and Border Protection officers in performing law enforcement 
     functions at ports of entry, including primary and secondary 
     processing of passengers; and
       ``(4) other costs incurred by U.S. Customs and Border 
     Protection relating to U.S. Customs and Border Protection 
     services, such as temporary placement or permanent relocation 
     of such individuals.''.
       (b) Transition Rule.--The Commissioner of U.S. Customs and 
     Border Protection may modify a reimbursable fee agreement 
     entered into under section 560 of the Department of Homeland 
     Security Appropriations Act, 2013 (division D of Public Law 
     113-6; 127 Stat. 378), as in effect on the day before the 
     date of the enactment of this Act, to include costs specified 
     in subsection (g) of that section, as amended by subsection 
     (a).
                                 ______
                                 
  SA 3686. Mr. KAINE (for himself, Mr. Warner, and Mr. Flake) submitted 
an amendment intended to be proposed to amendment SA 3679 proposed by 
Mr. McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill 
H.R. 636, to amend the Internal Revenue Code of 1986 to permanently 
extend increased expensing limitations, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. OBSTRUCTION EVALUATION AERONAUTICAL STUDIES.

       The Secretary of Transportation may implement the policy 
     set forth in the notice of proposed policy entitled 
     ``Proposal To Consider the Impact of One Engine Inoperative 
     Procedures in Obstruction Evaluation Aeronautical 7 Studies'' 
     published by the Department of Transportation on April 28, 
     2014 (79 Fed. Reg. 23300), only if the policy is adopted 
     pursuant to a notice and comment rulemaking.
                                 ______
                                 
  SA 3687. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 158, line 8, strike ``an inspection or other 
     investigation'' and insert ``an accident finding, inspection, 
     or other investigation''.
       On page 159, line 17, strike ``an inspection or other 
     investigation'' and insert ``an accident finding, inspection, 
     or other investigation''.
       Strike section 5013.
                                 ______
                                 
  SA 3688. Mr. FRANKEN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXTENSION OF ADVANCED BIOFUEL TAX INCENTIVES.

       (a) Extension of Second Generation Biofuel Producer 
     Credit.--
       (1) In general.--Section 40(b)(6)(J)(i) of the Internal 
     Revenue Code of 1986 is amended by striking ``January 1, 
     2017'' and inserting ``January 1, 2020''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to qualified second generation biofuel production 
     after the date of the enactment of this Act.
       (b) Extension of Special Allowance for Second Generation 
     Biofuel Plant Property.--
       (1) In general.--Section 168(l)(2)(D) of the Internal 
     Revenue Code of 1986 is amended by striking ``January 1, 
     2017'' and inserting ``January 1, 2020''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
       (c) Extension of Excise Tax Incentives for Alternative 
     Fuels.--
       (1) In general.--Section 6426 of the Internal Revenue Code 
     of 1986 is amended--
       (A) in subsection (d)(5), by striking ``December 31, 2016'' 
     and inserting ``December 31, 2019'', and
       (B) in subsection (e)(3), by striking ``December 31, 2016'' 
     and inserting ``December 31, 2019''.
       (2) Payments.--Section 6427(e)(6)(C) of such Code is 
     amended by striking ``December 31, 2016'' and inserting 
     ``December 31, 2019''.
       (3) Effective date.--The amendments made by this paragraph 
     shall apply to fuel sold or used after the date of the 
     enactment of this Act.
       (d) Extension of Credit for Alternative Fuel Vehicle 
     Refueling Property.--
       (1) In general.--Section 30C(g) of the Internal Revenue 
     Code of 1986 is amended by striking ``December 31, 2016'' and 
     inserting ``December 31, 2019''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 3689. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INVESTMENT TAX CREDIT FOR COMMUNITY WIND PROJECTS 
                   HAVING GENERATION CAPACITY OF NOT MORE THAN 20 
                   MEGAWATTS.

       (a) Short Title.--This section may be cited as the 
     ``Distributed and Community Wind Energy Act''.
       (b) In General.--Paragraph (4) of section 48(c) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking subparagraph (A) and inserting the 
     following new subparagraph:
       ``(A) In general.--The term `qualified small wind energy 
     property' means--
       ``(i) property which uses a qualifying small wind turbine 
     to generate electricity, or
       ``(ii) property which uses 1 or more wind turbines with an 
     aggregate nameplate capacity of more than 100 kilowatts but 
     not more than 20 megawatts.'',
       (2) by redesignating subparagraph (C) as subparagraph (D) 
     and by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to prevent improper 
     division of property to attempt to meet the limitation under 
     subparagraph (A)(ii).'', and
       (3) in subparagraph (D), as redesignated by paragraph (2), 
     by striking ``December 31, 2016'' and inserting ``December 
     31, 2021''.
       (c) Denial of Production Credit.--Paragraph (1) of section 
     45(d) of the Internal Revenue Code of 1986 is amended by 
     striking the period at the end and inserting ``or any 
     facility which is a qualified small wind energy property 
     described in section 48(c)(4)(A)(ii) with respect to which 
     the credit under section 48 is allowable.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 3690. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title I, add the following:

     SEC. 1305. AIRPORT VEHICLE EMISSIONS.

       Section 40117(a)(3)(G) is amended to read as follows:
       ``(G) A project to reduce emissions under subchapter I of 
     chapter 471 or to use cleaner burning conventional fuels, or 
     for acquiring for use at a commercial service airport 
     vehicles or ground support equipment that include low-
     emission technology or use cleaner burning fuels, or if the 
     airport is located in an air quality nonattainment area (as 
     defined in section 171(2) of the Clean Air Act (42 U.S.C. 
     7501(2))) or a maintenance area referred to in section 175A 
     of such Act (42 U.S.C. 7505a), a project to retrofit any such 
     vehicles or equipment that are powered by a diesel or 
     gasoline engine with emission control technologies certified 
     or verified by the Environmental Protection Agency to reduce 
     emissions, if such project would be able to receive emission 
     credits for the project from the governing State or Federal 
     environmental agency as described in section 47139.''.
                                 ______
                                 
  SA 3691. Mr. MARKEY (for himself, Mr. Blumenthal, and Ms. Klobuchar) 
submitted an amendment intended to be proposed to amendment SA 3679 
proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. Nelson)) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S2033]]

  


     SEC. ___. REGULATIONS PROHIBITING THE IMPOSITION OF FEES THAT 
                   ARE NOT REASONABLE AND PROPORTIONAL TO THE 
                   COSTS INCURRED.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' means any air 
     carrier that holds an air carrier certificate under section 
     41101 of title 49, United States Code.
       (2) Interstate air transportation.--The term ``interstate 
     air transportation'' has the meaning given that term in 
     section 40102 of title 49, United States Code.
       (b) Regulations Required.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary of 
     Transportation shall prescribe regulations--
       (1) prohibiting an air carrier from imposing fees described 
     in subsection (c) that are unreasonable or disproportional to 
     the costs incurred by the air carrier; and
       (2) establishing standards for assessing whether such fees 
     are reasonable and proportional to the costs incurred by the 
     air carrier.
       (c) Fees Described.--The fees described in this subsection 
     are--
       (1) any fee for a change or cancellation of a reservation 
     for a flight in interstate air transportation;
       (2) any fee relating to checked baggage to be transported 
     on a flight in interstate air transportation; and
       (3) any other fee imposed by an air carrier relating to a 
     flight in interstate air transportation.
       (d) Considerations.--In establishing the standards required 
     by subsection (b)(2), the Secretary shall consider--
       (1) with respect to a fee described in subsection (c)(1) 
     imposed by an air carrier for a change or cancellation of a 
     flight reservation--
       (A) any net benefit or cost to the air carrier from the 
     change or cancellation, taking into consideration--
       (i) the ability of the air carrier to anticipate the 
     expected average number of cancellations and changes and make 
     reservations accordingly;
       (ii) the ability of the air carrier to fill a seat made 
     available by a change or cancellation;
       (iii) any difference in the fare likely to be paid for a 
     ticket sold to another passenger for a seat made available by 
     the change or cancellation, as compared to the fare paid by 
     the passenger who changed or canceled the passenger's 
     reservation; and
       (iv) the likelihood that the passenger changing or 
     cancelling the passenger's reservation will fill a seat on 
     another flight by the same air carrier;
       (B) the costs of processing the change or cancellation 
     electronically; and
       (C) any related labor costs;
       (2) with respect to a fee described in subsection (c)(2) 
     imposed by an air carrier relating to checked baggage--
       (A) the costs of processing checked baggage electronically; 
     and
       (B) any related labor costs; and
       (3) any other considerations the Secretary considers 
     appropriate.
       (e) Updated Regulations.--The Secretary shall update the 
     standards required by subsection (b)(2) not less frequently 
     than once every 3 years.
                                 ______
                                 
  SA 3692. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUTHORITY FOR LAW ENFORCEMENT OFFICERS AND EXPLOSIVE 
                   DETECTION CANINES AT AIRPORTS.

       (a) In General.--The Administration of the Transportation 
     Security Administration shall require that the air 
     transportation security program required by section 
     44903(c)(1) of title 49, United States Code, for each covered 
     airport include the following:
       (1) Beginning not more than 30 days after the date of the 
     enactment of this Act, that a State or local law enforcement 
     officer is stationed not more than 300 feet from each 
     passenger screening checkpoint at each covered airport.
       (2) Beginning not more than 180 days after the date of the 
     enactment of this Act, that an explosives detection canine 
     team of a State or local law enforcement agency is assigned 
     to each terminal at each covered airport.
       (b) Technical Support.--The Administrator of the 
     Transportation Security Administration shall provide 
     technical and other support to State or local law enforcement 
     agencies providing the personnel described in paragraph (1) 
     or (2) of subsection (a).
       (c) Definitions.--In this section:
       (1) Category i airport.--The term ``Category I airport'' 
     means an airport subject to the security program requirements 
     of section 1542.103(a) of title 49, Code of Federal 
     Regulations (or similar successor regulation), where the 
     aircraft operator or foreign air carrier is subject to 
     section 1544.101(a)(1) or 1546.101(a) of such title (or 
     similar successor regulation) and the number of annual 
     enplanements is 5,000,000 or more and the number of 
     international enplanements is 1,000,000 or more.
       (2) Category x airport.--The term ``Category X airport'' 
     means an airport subject to the security program requirements 
     of section 1542.103(a) of title 49, Code of Federal 
     Regulations (or similar successor regulation), where the 
     aircraft operator or foreign air carrier is subject to 
     section 1544.101(a)(1) or 1546.101(a) of such title (or 
     similar successor regulation) and the number of annual 
     enplanements--
       (A) is 1,250,000 or more and less than 5,000,000; or
       (B) is 5,000,000 or more but the number of annual 
     international enplanements is less than 1,000,000.
       (3) Covered airport.--The term ``covered airport'' means a 
     Category X airport or a Category I airport.
       (d) Funding.--Out of funds made available to the 
     Transportation Security Administration for fiscal year 2016, 
     $20,000,000 shall be available for State and local law 
     enforcement agencies, as a transfer of funds, to train, 
     certify, and utilize explosives detection canines.
                                 ______
                                 
  SA 3693. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

                     Subtitle G--Arm All Pilots Act

     SEC. 2701. SHORT TITLE.

       This subtitle may be cited as the ``Arm All Pilots Act of 
     2016''.

     SEC. 2702. FACILITATION OF AND LIMITATIONS ON TRAINING OF 
                   FEDERAL FLIGHT DECK OFFICERS.

       (a) Improved Access to Training Facilities.--Section 
     44921(c)(2)(C)(ii) is amended--
       (1) by striking ``The training of'' and inserting the 
     following:

       ``(I) In general.--The training of''; and

       (2) by adding at the end the following:

       ``(II) Access to training facilities.--Not later than 180 
     days after the date of the enactment of the Arm All Pilots 
     Act of 2016, the Secretary shall--

       ``(aa) designate 5 additional firearms training facilities 
     located in various regions of the United States for Federal 
     flight deck officers relative to the number of such 
     facilities available on the day before such date of 
     enactment;
       ``(bb) designate firearms training facilities approved 
     before such date of enactment for recurrent training of 
     Federal flight deck officers as facilities approved for 
     initial training and certification of pilots seeking to be 
     deputized as Federal flight deck officers; and
       ``(cc) designate additional firearms training facilities 
     for recurrent training of Federal flight deck officers 
     relative to the number of such facilities available on the 
     day before such date of enactment.''.
       (b) Firearms Requalification for Federal Flight Deck 
     Officers.--Section 44921(c)(2)(C)(iii) is amended--
       (1) by striking ``The Under Secretary shall'' and inserting 
     the following:

       ``(I) In general.--The Secretary shall'';

       (2) in subclause (I), as designated by paragraph (1), by 
     striking ``the Under Secretary'' and inserting ``the 
     Secretary, but not more frequently than once every 6 
     months,''; and
       (3) by adding at the end the following:

       ``(II) Use of facilities for requalification.--The 
     Secretary shall allow a Federal flight deck officer to 
     requalify to carry a firearm under the program through 
     training at a private or government-owned gun range certified 
     to provide firearm requalification training.
       ``(III) Self-reporting.--The Secretary shall determine that 
     a Federal flight deck officer has met the requirements to 
     requalify to carry a firearm under the program if--

       ``(aa) the officer reports to the Secretary that the 
     officer has participated in a sufficient number of hours of 
     training to requalify to carry a firearm under the program; 
     and
       ``(bb) the administrator of the facility at which the 
     officer conducted the requalification training verifies that 
     the officer participated in that number of hours of 
     training.''.
       (c) Limitations on Training.--Section 44921(c)(2) is 
     amended by adding at the end the following:
       ``(D) Limitations on training.--
       ``(i) Initial training.--The Secretary may require--

       ``(I) initial training of not more than 5 days for a pilot 
     to be deputized as a Federal flight deck officer;
       ``(II) the pilot to be physically present at the training 
     facility for not more than 2 days of such training; and
       ``(III) not more than 3 days of such training to be in the 
     form of certified online training administered by the 
     Department of Homeland Security.

       ``(ii) Recurrent training.--The Secretary may require--

       ``(I) recurrent training of not more than 2 days, not more 
     frequently than once every 5 years, for a pilot to maintain 
     deputization as a Federal flight deck officer;
       ``(II) the pilot to be physically present at the training 
     facility for a full-day training session for not more than 
     one day of such training; and

[[Page S2034]]

       ``(III) not more than one day of such training to be in the 
     form of certified online training administered by the 
     Department of Homeland Security.''.

       (d) Other Measures to Facilitate Training.--Section 
     44921(e) is amended--
       (1) by striking ``Pilots participating'' and inserting the 
     following:
       ``(1) In general.--Pilots participating''; and
       (2) by adding at the end the following:
       ``(2) Facilitation of training.--
       ``(A) Time off for training.--An air carrier shall permit a 
     Federal flight deck officer or a pilot seeking to be 
     deputized as a Federal flight deck officer to, in 
     consultation with the air carrier, take a reasonable amount 
     of leave from work to participate in initial and recurrent 
     training for the program. An air carrier shall not be 
     obligated to provide such an officer or pilot compensation 
     for such leave.
       ``(B) Practice ammunition.--At the request of a Federal 
     flight deck officer, the Secretary shall provide to the 
     officer sufficient practice ammunition to conduct at least 
     one practice course every month.''.

     SEC. 2703. CARRIAGE OF FIREARMS BY FEDERAL FLIGHT DECK 
                   OFFICERS.

       (a) General Authority.--Section 44921(f) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (4) and (5), respectively; and
       (2) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The Secretary shall authorize a Federal 
     flight deck officer to carry a firearm while engaged in 
     providing air transportation or intrastate air 
     transportation. The authority provided to a Federal flight 
     deck officer under this paragraph includes the authority to 
     carry a firearm--
       ``(A) on the officer's body, loaded, and holstered;
       ``(B) when traveling to a flight duty assignment, 
     throughout the duty assignment, and when traveling from a 
     flight duty assignment to the officer's home or place where 
     the officer is residing when traveling; and
       ``(C) in the passenger cabin and while traveling in a 
     cockpit jump seat.
       ``(2) Concealed carry.--A Federal flight deck officer shall 
     make reasonable efforts to keep the officer's firearm 
     concealed when in public.
       ``(3) Purchase of firearm by officer.--Notwithstanding 
     subsection (c)(1), a Federal flight deck officer may purchase 
     a firearm and carry that firearm aboard an aircraft of which 
     the officer is the pilot in accordance with this section if 
     the firearm is of a type that may be used under the 
     program.''.
       (b) Carriage of Firearms on International Flights.--
     Paragraph (5) of section 44921(f), as redesignated by 
     subsection (a)(1), is amended to read as follows:
       ``(5) Carrying firearms outside united states.--
       ``(A) In general.--In consultation with the Secretary of 
     State, the Secretary may take such action as may be necessary 
     to ensure that a Federal flight deck officer may carry a 
     firearm in a foreign country whenever necessary to 
     participate in the program.
       ``(B) Consistency with federal air marshal program.--
     Notwithstanding standard 4.7.7 of Annex 17 to the Convention 
     on International Civil Aviation, done at Chicago December 7, 
     1944, and entered into force April 4, 1947 (TIAS 1591), the 
     Secretary shall work to make policies relating to the 
     carriage of firearms on flights in foreign air transportation 
     by Federal flight deck officers consistent with the policies 
     of the Federal air marshal program for carrying firearms on 
     such flights.''.
       (c) Carriage of Firearm in Passenger Cabin.--
       (1) Rule of construction.--Section 44921 is amended by 
     adding at the end the following:
       ``(l) Rule of Construction.--Nothing in this section shall 
     be construed to require a Federal flight deck officer to 
     place a firearm in a locked container, or in any other manner 
     render the firearm unavailable, when the cockpit door is 
     opened.''.
       (2) Conforming repeal.--Section 44921(b)(3) is amended--
       (A) by striking subparagraph (G); and
       (B) by redesignating subparagraphs (H) through (N) as 
     subparagraphs (G) through (M), respectively.
       (d) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall--
       (1) prescribe regulations on the proper storage of firearms 
     when a Federal flight deck officer is at home or where the 
     officer is residing when traveling; and
       (2) revise the procedural requirements established under 
     section 44921(b)(1) of title 49, United States Code, to 
     implement the amendments made by subsection (c).

     SEC. 2704. PHYSICAL STANDARDS FOR FEDERAL FLIGHT DECK 
                   OFFICERS.

       Section 44921(d)(2) is amended--
       (1) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and by moving 
     such clauses, as so redesignated, 2 ems to the right;
       (2) by striking ``A pilot is'' and inserting the following:
       ``(A) In general.--A pilot is''; and
       (3) by adding at the end the following:
       ``(B) Consistency with requirements for certain medical 
     certificates.--In establishing standards under subparagraph 
     (A)(ii), the Secretary may not establish medical or physical 
     standards for a pilot to become a Federal flight deck officer 
     that are inconsistent with or more stringent than the 
     requirements of the Federal Aviation Administration for the 
     issuance of a first- or second-class airman medical 
     certificate under part 67 of title 14, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling).''.

     SEC. 2705. TRANSFER OF FEDERAL FLIGHT DECK OFFICERS FROM 
                   INACTIVE TO ACTIVE STATUS.

       Section 44921(d) is amended by adding at the end the 
     following:
       ``(5) Transfer from inactive to active status.--A pilot 
     deputized as a Federal flight deck officer who moves to 
     inactive status for less than 5 years may return to active 
     status after completing one program of recurrent training 
     described in subsection (c).''.

     SEC. 2706. FACILITATION OF SECURITY SCREENING OF FEDERAL 
                   FLIGHT DECK OFFICERS.

       Section 44921, as amended by section 2703(c)(1), is further 
     amended by adding at the end the following:
       ``(m) Facilitation of Security Screening of Federal Flight 
     Deck Officers.--
       ``(1) Eligibility for expedited screening.--The 
     Administrator of the Transportation Security Administration 
     shall allow a Federal flight deck officer to be screened 
     through the crew member identity verification program of the 
     Transportation Security Administration (commonly known as the 
     `Known Crew Member program') when entering the sterile area 
     of an airport.
       ``(2) Prohibition on paperwork.--The Secretary may not 
     require a Federal flight deck officer to fill out any forms 
     or paperwork when entering the sterile area of an airport.
       ``(3) Sterile area defined.--In this subsection, the term 
     `sterile area' has the meaning given that term in section 
     1540.5 of title 49, Code of Federal Regulations (or any 
     corresponding similar regulation or ruling).''.

     SEC. 2707. TECHNICAL CORRECTIONS.

       Section 44921, as amended by this subtitle, is further 
     amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Secretary of 
     Homeland Security'';
       (2) in subsection (d)(4), by striking ``may,'' and 
     inserting ``may'';
       (3) in subsection (i)(2), by striking ``the Under Secretary 
     may'' and inserting ``may'';
       (4) in subsection (k)--
       (A) by striking paragraphs (2) and (3); and
       (B) by striking ``Applicability'' and all that follows 
     through ``This section'' and inserting ``Applicability.--This 
     section'';
       (5) by adding at the end the following:
       ``(n) Definitions.--In this section:
       ``(1) Pilot.--The term `pilot' means an individual who has 
     final authority and responsibility for the operation and 
     safety of the flight or any other flight deck crew member.
       ``(2) All-cargo air transportation.--The term `air 
     transportation' includes all-cargo air transportation.''; and
       (6) by striking ``Under Secretary'' each place it appears 
     and inserting ``Secretary''.

     SEC. 2708. REFUNDS OF CERTAIN SECURITY SERVICE FEES FOR AIR 
                   CARRIERS WITH FEDERAL FLIGHT DECK OFFICERS ON 
                   ALL FLIGHTS.

       Section 44940 is amended by adding at the end the 
     following:
       ``(j) Refund of Fees for Air Carriers With Federal Flight 
     Deck Officers on All Flights.--From fees received in a fiscal 
     year under subsection (a)(1), each air carrier that certifies 
     to the Secretary of Homeland Security that all flights 
     operated by the air carrier have on board a pilot deputized 
     as a Federal flight deck officer under section 44921 shall 
     receive an amount equal to 10 percent of the fees collected 
     under subsection (a)(1) from passengers on flights operated 
     by that air carrier in that fiscal year.''.

     SEC. 2709. TREATMENT OF INFORMATION ABOUT FEDERAL FLIGHT DECK 
                   OFFICERS AS SENSITIVE SECURITY INFORMATION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall revise 
     section 15.5(b)(11) of title 49, Code of Federal Regulations, 
     to classify information about pilots deputized as Federal 
     flight deck officers under section 44921 of title 49, United 
     States Code, as sensitive security information in a manner 
     consistent with the classification of information about 
     Federal air marshals.

     SEC. 2710. REGULATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall prescribe 
     such regulations as may be necessary to carry out this Act 
     and the amendments made by this Act.
                                 ______
                                 
  SA 3694. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 234, line 9, insert ``, aviation safety 
     engineers,'' after ``specialists''.
                                 ______
                                 
  SA 3695. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of

[[Page S2035]]

1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 63, line 14, insert ``, except those operated for 
     news gathering activities protected by the First Amendment to 
     the Constitution of the United States'' after ``system''.

                                 ______
                                 
  SA 3696. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle A of title II, add the 
     following:

     SEC. 2144. PROHIBITION ON OPERATION OF UNMANNED AIRCRAFT 
                   CARRYING A WEAPON.

       (a) In General.--Chapter 463 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 46320. Prohibition on operation of unmanned aircraft 
       carrying a weapon

       ``(a) In General.--A person shall not operate an unmanned 
     aircraft with a weapon attached to, installed on, or 
     otherwise carried by the aircraft.
       ``(b) Penalties.--A person who violates subsection (a)--
       ``(1) shall be liable to the United States Government for a 
     civil penalty of not more than $27,500; and
       ``(2) may be fined under title 18, imprisoned for not more 
     than 5 years, or both.
       ``(c) Nonapplication to Public Aircraft.--This section does 
     not apply to public aircraft.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to affect the authority of the Administrator 
     with respect to manned or unmanned aircraft.
       ``(e) Definitions.--In this section:
       ``(1) Unmanned aircraft.--The term `unmanned aircraft' has 
     the meaning given that term in section 44801.
       ``(2) Weapon.--The term `weapon'--
       ``(A) means a weapon, device, instrument, material, or 
     substance, animate or inanimate, that is used for, or is 
     readily capable of, causing death or serious bodily injury; 
     and
       ``(B) includes a firearm or destructive device (as those 
     terms are defined in section 921 of title 18).''.
       (b) Conforming Amendment.--Section 46301(d)(2) of such 
     title is amended, in the first sentence, by inserting 
     ``section 46320,'' before ``or section 47107(b)''.
       (c) Clerical Amendment.--The analysis for chapter 463 of 
     such title is amended by inserting after the item relating to 
     section 46319 the following:

``46320. Prohibition on operation of unmanned aircraft carrying a 
              weapon.''.
                                 ______
                                 
  SA 3697. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REIMBURSEMENT FOR AIRPORT SECURITY PROJECTS.

       Paragraph (3) of section 44923(h) is amended to read as 
     follows:
       ``(3) Discretionary grants.--
       ``(A) In general.--Of the amount made available under 
     paragraph (1) for a fiscal year, up to $ 50,000,000 shall be 
     used to make discretionary grants, including other 
     transaction agreements for airport security improvement 
     projects, with priority given to small hub airports and 
     nonhub airports.
       ``(B) Reimbursement.--For each fiscal year, of the amount 
     available under paragraph (1), up to $20,000,000 shall be 
     made available for reimbursement to airports that have 
     incurred eligible costs under section 1604(b)(2) of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007 (Public Law 110-53; 121 Stat. 481).''.
                                 ______
                                 
  SA 3698. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROMOTION OF EXIT LANE BREACH CONTROL TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     Transportation Security Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Administration.
       (3) Exit lane breach control technology.--The term ``exit 
     lane breach control technology'' refers to any automated 
     system, or series of systems, designed to monitor exit points 
     from an airport sterile area.
       (4) Sterile area.--The term ``sterile area'' has the 
     meaning given that term in section 1540.5 of title 49, Code 
     of Federal Regulations (or any corresponding similar 
     regulation or ruling)
       (b) Standards and Requirements.--
       (1) Initial requirement.--Not later than 120 days after the 
     date of the enactment of this Act, the Administrator shall 
     develop standards and requirements for the use of exit lane 
     breach control technology at airports.
       (2) Qualified product list.--The Administrator shall 
     establish, publically post, and maintain a qualified product 
     list of exit land breach control technology that shall 
     includes all previously-approved systems.
       (c) Benefits for Airports Using Exit Lane Breach Control 
     Technology.--
       (1) Eligibility for benefits.--If an airport deploys, on a 
     nonreimbursable basis, exit lane breach control technology 
     that satisfies the standards and requirements developed under 
     subsection (b) and the deployment results in the need for 
     fewer employees of the Administration to monitor exit points 
     from an airport sterile area, the airport's Federal security 
     director may reallocate such employees to other 
     transportation security missions, including passenger 
     screening, within that airport if the Administrator certifies 
     that the reallocation will not negatively impact the security 
     of that airport.
       (2) No loss of administration employees.--
       (A) In general.--The Administrator may not decrease, under 
     the Staffing Allocation Model, any successor allocation 
     process, or any other circumstances, the number of employees 
     of the Administration assigned to an airport that deploys, on 
     a nonreimbursable basis, exit lane breach control technology 
     that satisfies the standards and requirements developed under 
     subsection (b) on the basis that the deployment results in 
     the need for fewer such employees to provide security for 
     sterile areas of the airport.
       (B) Minimum staffing levels.--Subject to subparagraph (C), 
     if an airport is eligible for the Administrator to reallocate 
     employees under paragraph (1), the Administrator--
       (i) shall determine the minimum number of full-time 
     equivalent employees of the Administration required for that 
     airport prior to the deployment of the exit lane breach 
     control technology; and
       (ii) may not allocate a number of employees of the 
     Administration for that airport for any year that is less 
     than such minimum number.
       (C) Waiver of minimum staffing levels.--If the 
     Administrator has determined a minimum number of full-time 
     equivalent employees of the Administration required for an 
     airport under subparagraph (B)(i), the Administrator may only 
     allocate a number of employees of the Administration for that 
     airport that is less than such minimum number if the total 
     passenger count for that airport in any 6-month period 
     declines more than 5 percent compared to the same 6-month 
     period during the preceding calendar year.
       (D) Notification to congress.--The Administrator shall 
     notify the appropriate committees of Congress, the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     and the Committee on Homeland Security of the House of 
     Representatives not less than 45 days prior to making an 
     allocation authorized under subparagraph (C).
       (d) Responsibility for Monitoring Passenger Exit Points.--
     If an airport is eligible for the Administrator to reallocate 
     employees under subsection (c)(1), the Administrator shall 
     have met the responsibility of the Administration to monitor 
     passenger exit points required by subsection (n) of section 
     44903 of title 49, United States Code.
                                 ______
                                 
  SA 3699. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROMOTION OF EXIT LANE BREACH CONTROL TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     Transportation Security Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Administration.
       (3) Exit lane breach control technology.--The term ``exit 
     lane breach control technology'' refers to any automated 
     system, or series of systems, designed to monitor exit points 
     from an airport sterile area.
       (4) Sterile area.--The term ``sterile area'' has the 
     meaning given that term in section 1540.5 of title 49, Code 
     of Federal Regulations (or any corresponding similar 
     regulation or ruling)

[[Page S2036]]

       (b) Standards and Requirements.--
       (1) Initial requirement.--Not later than 120 days after the 
     date of the enactment of this Act, the Administrator shall 
     develop standards and requirements for the use of exit lane 
     breach control technology at airports.
       (2) Qualified product list.--The Administrator shall 
     establish, publically post, and maintain a qualified product 
     list of exit land breach control technology that shall 
     includes all previously-approved systems.
       (c) Benefits for Airports Using Exit Lane Breach Control 
     Technology.--
       (1) Eligibility for benefits.--If an airport deploys, on a 
     nonreimbursable basis, exit lane breach control technology 
     that satisfies the standards and requirements developed under 
     subsection (b) and the deployment results in the need for 
     fewer employees of the Administration to monitor exit points 
     from an airport sterile area, the airport's Federal security 
     director may reallocate such employees to other 
     transportation security missions, including passenger 
     screening, within that airport if the Administrator certifies 
     that the reallocation will not negatively impact the security 
     of that airport.
       (2) No loss of administration employees.--
       (A) In general.--The Administrator may not decrease, under 
     the Staffing Allocation Model, any successor allocation 
     process, or any other circumstances, the number of employees 
     of the Administration assigned to an airport that deploys, on 
     a nonreimbursable basis, exit lane breach control technology 
     that satisfies the standards and requirements developed under 
     subsection (b) on the basis that the deployment results in 
     the need for fewer such employees to provide security for 
     sterile areas of the airport.
       (B) Minimum staffing levels.--Subject to subparagraph (C), 
     if an airport is eligible for the Administrator to reallocate 
     employees under paragraph (1), the Administrator--
       (i) shall determine the minimum number of full-time 
     equivalent employees of the Administration required for that 
     airport prior to the deployment of the exit lane breach 
     control technology; and
       (ii) may not allocate a number of employees of the 
     Administration for that airport for any year that is less 
     than such minimum number.
       (C) Waiver of minimum staffing levels.--If the 
     Administrator has determined a minimum number of full-time 
     equivalent employees of the Administration required for an 
     airport under subparagraph (B)(i), the Administrator may only 
     allocate a number of employees of the Administration for that 
     airport that is less than such minimum number if the total 
     passenger count for that airport in any 6-month period 
     declines more than 5 percent compared to the same 6-month 
     period during the preceding calendar year.
       (D) Notification to congress.--The Administrator shall 
     notify the appropriate committees of Congress, the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     and the Committee on Homeland Security of the House of 
     Representatives not less than 45 days prior to making an 
     allocation authorized under subparagraph (C).
       (d) Responsibility for Monitoring Passenger Exit Points.--
     If an airport is eligible for the Administrator to reallocate 
     employees under subsection (c)(1), the Administrator shall 
     have met the responsibility of the Administration to monitor 
     passenger exit points required by subsection (n) of section 
     44903 of title 49, United States Code.
                                 ______
                                 
  SA 3700. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title I, add the following:

     SEC. 1305. AIRPORT VEHICLE EMISSIONS.

       Section 40117(a)(3)(G) is amended to read as follows:
       ``(G) A project to reduce emissions under subchapter I of 
     chapter 471 or to use cleaner burning conventional fuels, or 
     for acquiring for use at a commercial service airport 
     vehicles or ground support equipment that include low-
     emission technology or use cleaner burning fuels, or, if the 
     airport is located in an air quality nonattainment area (as 
     defined in section 171(2) of the Clean Air Act (42 U.S.C. 
     7501(2))) or a maintenance area referred to in section 175A 
     of such Act (42 U.S.C. 7505a), a project to retrofit any such 
     vehicles or equipment that are powered by a diesel or 
     gasoline engine with emission control technologies certified 
     or verified by the Environmental Protection Agency to reduce 
     emissions, if such project would be able to receive emission 
     credits for the project from the governing State or Federal 
     environmental agency as described in section 47139.''.

       At the end of title V, add the following:

     SEC. 5037. REDUCTION OF ENERGY CONSUMPTION, EMISSIONS, AND 
                   NOISE FROM CIVILIAN AIRCRAFT.

       (a) Establishment of Research Program.--From amounts made 
     available under section 48102(a) of title 49, United States 
     Code, the Administrator of the Federal Aviation 
     Administration shall establish a research program related to 
     reducing civilian aircraft energy use, emissions, and source 
     noise with equivalent safety through grants or other 
     measures, which shall include cost-sharing authorized under 
     section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies.
       (b) Establishment of Consortium.--
       (1) Designation as consortium.--The Administrator shall 
     designate, using a competitive process, one or more 
     institutions or entities described in paragraph (2), to be 
     known as a ``Government led Consortium for Continuous Lower 
     Energy, Emissions, and Noise'' or ``CLEEN'', to perform 
     research in accordance with this section.
       (2) Participation.--The Administrator shall include 
     educational and research institutions or private sector 
     entities that have existing facilities and experience for 
     developing and testing noise, emissions, and energy reduction 
     engine and aircraft technology, and developing alternative 
     fuels, in the research program required by subsection (a) to 
     fulfill the performance objectives specified in subsection 
     (c).
       (3) Coordination mechanisms.--In conducting the research 
     program required by subsection (a), the consortium designated 
     under paragraph (1) shall--
       (A) coordinate its activities with the Department of 
     Agriculture, the Department of Defense, the Department of 
     Energy, the National Aeronautics and Space Administration, 
     and other relevant Federal agencies; and
       (B) consult on a regular basis with the Commercial Aviation 
     Alternative Fuels Initiative.
       (c) Performance Objectives.--Not later than January 1, 
     2021, the Administrator shall seek to ensure that the 
     research program required subsection (a) supports the 
     following objectives for civil subsonic airplanes:
       (1) Certifiable aircraft technology that reduces aircraft 
     fuel burn 40 percent relative to year 2000 best-in-class in-
     service aircraft.
       (2) Certifiable engine technology that reduces landing and 
     takeoff cycle nitrogen oxide emissions by 70 percent over the 
     International Civil Aviation Organization standard adopted in 
     2011.
       (3) Certifiable aircraft technology that reduces noise 
     levels by 32 decibels cumulatively, relative to the Stage 4 
     standard, or reduces the noise contour area in absolute 
     terms.
       (4) The feasibility of use of drop-in alternative jet fuels 
     in aircraft and engine systems, including successful 
     demonstration and quantification of benefits, advancement of 
     fuel testing capability, and support for fuel evaluation.
       (d) Certifiable Defined.--In this section, the term 
     ``certifiable'' means the technology has been demonstrated to 
     Technology Readiness Level 6 or 7, and there are no foreseen 
     issues that would prevent certification to existing 
     standards.

     SEC. 5038. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL 
                   TECHNOLOGY FOR CIVIL AIRCRAFT.

       Section 911 of the FAA Modernization and Reform Act of 2012 
     (Public Law 112-95; 49 U.S.C. 44504 note) is amended--
       (1) in subsection (a), by striking ``to assist in'' and 
     inserting ``with the objective of accelerating'';
       (2) in subsection (c)(1)(B), by inserting ``and ability to 
     prioritize researchable constraints'' after ``with 
     experience''; and
       (3) by adding at the end the following:
       ``(e) Collaboration and Report.--
       ``(1) Collaboration.--The Administrator, in coordination 
     with the Administrator of NASA, the Secretary of Energy, and 
     the Secretary of Agriculture, shall continue research and 
     development activities into the development and deployment of 
     jet fuels described in subsection (a).
       ``(2) Report.--Not later than 180 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator, in 
     coordination with the Administrator of NASA, the Secretary of 
     Energy, and the Secretary of Agriculture, and after 
     consultation with the heads of other relevant agencies, shall 
     submit to Congress a joint plan to carry out the research 
     described in subsection (a).''.
                                 ______
                                 
  SA 3701. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5037. REDUCTION OF ENERGY CONSUMPTION, EMISSIONS, AND 
                   NOISE FROM CIVILIAN AIRCRAFT.

       (a) Establishment of Research Program.--From amounts made 
     available under section 48102(a) of title 49, United States 
     Code, the Administrator of the Federal Aviation 
     Administration shall establish a research program related to 
     reducing civilian aircraft energy use, emissions, and source 
     noise with equivalent safety through grants or other 
     measures, which shall include cost-sharing authorized under 
     section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies.

[[Page S2037]]

       (b) Establishment of Consortium.--
       (1) Designation as consortium.--The Administrator shall 
     designate, using a competitive process, one or more 
     institutions or entities described in paragraph (2), to be 
     known as a ``Government led Consortium for Continuous Lower 
     Energy, Emissions, and Noise'' or ``CLEEN'', to perform 
     research in accordance with this section.
       (2) Participation.--The Administrator shall include 
     educational and research institutions or private sector 
     entities that have existing facilities and experience for 
     developing and testing noise, emissions, and energy reduction 
     engine and aircraft technology, and developing alternative 
     fuels, in the research program required by subsection (a) to 
     fulfill the performance objectives specified in subsection 
     (c).
       (3) Coordination mechanisms.--In conducting the research 
     program required by subsection (a), the consortium designated 
     under paragraph (1) shall--
       (A) coordinate its activities with the Department of 
     Agriculture, the Department of Defense, the Department of 
     Energy, the National Aeronautics and Space Administration, 
     and other relevant Federal agencies; and
       (B) consult on a regular basis with the Commercial Aviation 
     Alternative Fuels Initiative.
       (c) Performance Objectives.--Not later than January 1, 
     2021, the Administrator shall seek to ensure that the 
     research program required subsection (a) supports the 
     following objectives for civil subsonic airplanes:
       (1) Certifiable aircraft technology that reduces aircraft 
     fuel burn 40 percent relative to year 2000 best-in-class in-
     service aircraft.
       (2) Certifiable engine technology that reduces landing and 
     takeoff cycle nitrogen oxide emissions by 70 percent over the 
     International Civil Aviation Organization standard adopted in 
     2011.
       (3) Certifiable aircraft technology that reduces noise 
     levels by 32 decibels cumulatively, relative to the Stage 4 
     standard, or reduces the noise contour area in absolute 
     terms.
       (4) The feasibility of use of drop-in alternative jet fuels 
     in aircraft and engine systems, including successful 
     demonstration and quantification of benefits, advancement of 
     fuel testing capability, and support for fuel evaluation.
       (d) Certifiable Defined.--In this section, the term 
     ``certifiable'' means the technology has been demonstrated to 
     Technology Readiness Level 6 or 7, and there are no foreseen 
     issues that would prevent certification to existing 
     standards.

     SEC. 5038. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL 
                   TECHNOLOGY FOR CIVIL AIRCRAFT.

       Section 911 of the FAA Modernization and Reform Act of 2012 
     (Public Law 112-95; 49 U.S.C. 44504 note) is amended--
       (1) in subsection (a), by striking ``to assist in'' and 
     inserting ``with the objective of accelerating'';
       (2) in subsection (c)(1)(B), by inserting ``and ability to 
     prioritize researchable constraints'' after ``with 
     experience''; and
       (3) by adding at the end the following:
       ``(e) Collaboration and Report.--
       ``(1) Collaboration.--The Administrator, in coordination 
     with the Administrator of NASA, the Secretary of Energy, and 
     the Secretary of Agriculture, shall continue research and 
     development activities into the development and deployment of 
     jet fuels described in subsection (a).
       ``(2) Report.--Not later than 180 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator, in 
     coordination with the Administrator of NASA, the Secretary of 
     Energy, and the Secretary of Agriculture, and after 
     consultation with the heads of other relevant agencies, shall 
     submit to Congress a joint plan to carry out the research 
     described in subsection (a).''.
                                 ______
                                 
  SA 3702. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 98, after line 24, add the following:
       (d) Federal Agency Coordination to Enhance the Public 
     Health and Safety Capabilities of Public Unmanned Aircraft 
     Systems.--The Administrator shall assist and enable, without 
     undue interference, Federal civilian government agencies that 
     operate unmanned aircraft systems within civil-controlled 
     airspace, in operationally deploying and integrating sense 
     and avoid capabilities, as necessary to operate unmanned 
     aircraft systems safely and effectively within the National 
     Air Space.
                                 ______
                                 
  SA 3703. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle A of title II, add the 
     following:

     SEC. 2144. SPECIAL USE AIRSPACE AND MILITARY TRAINING ROUTES.

       Not later than 1 year after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     and the Secretary of Defense shall submit to Congress a 
     comprehensive assessment of the risk to military aircraft of 
     civil unmanned aircraft systems operating in or transiting 
     special use airspace or military training routes.
                                 ______
                                 
  SA 3704. Mrs. FEINSTEIN (for herself, Mr. Tillis, Mr. Blumenthal, Mr. 
Perdue, Mr. Lee, and Mr. Markey) submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 2152.
                                 ______
                                 
  SA 3705. Mrs. BOXER (for herself, Ms. Klobuchar, Ms. Cantwell, Mr. 
Blumenthal, Mr. Markey, Mrs. Shaheen, and Mr. Franken) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MODIFICATION OF FINAL RULE RELATING TO FLIGHTCREW 
                   MEMBER DUTY AND REST REQUIREMENTS FOR PASSENGER 
                   OPERATIONS TO APPLY TO ALL-CARGO OPERATIONS.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall modify the final rule specified in subsection (b) so 
     that the flightcrew member duty and rest requirements under 
     that rule apply to flightcrew members in all-cargo operations 
     conducted by air carriers in the same manner as those 
     requirements apply to flightcrew members in passenger 
     operations conducted by air carriers.
       (b) Final Rule Specified.--The final rule specified in this 
     subsection is the final rule of the Federal Aviation 
     Administration--
       (1) published in the Federal Register on January 4, 2012 
     (77 Fed. Reg. 330); and
       (2) relating to flightcrew member duty and rest 
     requirements.
       (c) Applicability of Rulemaking Requirements.--The 
     requirements of section 553 of title 5, United States Code, 
     shall not apply to the modification required by subsection 
     (a).
                                 ______
                                 
  SA 3706. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 5003.
                                 ______
                                 
  SA 3707. Mr. MORAN (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 180, line 26, strike the period and insert the 
     following: ``or the acceptance or validation by the FAA of a 
     certificate or design approval of a foreign authority.''.
                                 ______
                                 
  SA 3708. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 226, strike lines 1 through 11, and insert the 
     following:
       (3) Undeveloped defined.--For purposes of paragraph (1)(F), 
     the term ``undeveloped'' means a defined geographic area 
     where the Administrator determines low-flying aircraft are 
     operated on a routine basis, such as low-lying forested areas 
     with predominate tree cover under 200 feet and pasture and 
     range land.
       (4) Other definitions.--The Administrator shall define such 
     other terms as may be necessary to carry out this section.
       (e) Database.--The Administrator shall--
       (1) develop a database that contains the location and 
     height of each covered tower;

[[Page S2038]]

       (2) keep the database current to the extent practicable;
       (3) ensure that any proprietary information in the database 
     is protected from disclosure in accordance with law; and
       (4) ensure that, by virtue of accessing the database, users 
     will be deemed to agree and acknowledge--
       (A) that the information will be used for aviation safety 
     purposes only; and
       (B) not to disclose any such information regardless of 
     whether the information is marked or labeled as proprietary 
     or with a similar designation.
                                 ______
                                 
  SA 3709. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 2153(a) and insert the following:
       (a) In General.--Small unmanned aircraft systems may use 
     spectrum for wireless control link, tracking, diagnostics, 
     payload communication, and collaborative-collision avoidance, 
     such as vehicle-to-vehicle communication, and other uses, 
     consistent with the Communications Act of 1934 (47 U.S.C. 151 
     et seq.), Federal Communications Commission rules, and the 
     safety-of-life determination made by the Federal Aviation 
     Administration, and through voluntary commercial arrangements 
     with service providers, whether they are operating within a 
     UTM system under section 2138 of this Act or outside such a 
     system.
                                 ______
                                 
  SA 3710. Mr. JOHNSON (for himself, Mr. Leahy, Ms. Murkowski, and Mr. 
Schumer) submitted an amendment intended to be proposed to amendment SA 
3679 proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. 
Nelson)) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5037. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN 
                   UNITED STATES PERSONNEL STATIONED IN CANADA.

       (a) Short Title.--This section may be cited as the 
     ``Promoting Travel, Commerce, and National Security Act of 
     2016''.
       (b) Amendment.--Chapter 212A of title 18, United States 
     Code, is amended--
       (1) in the chapter heading, by striking ``TRAFFICKING IN 
     PERSONS''; and
       (2) by adding after section 3272 the following:

     ``Sec. 3273. Offenses committed by certain United States 
       personnel stationed in Canada in furtherance of border 
       security initiatives

       ``(a) In General.--Whoever, while employed by the 
     Department of Homeland Security or the Department of Justice 
     and stationed or deployed in Canada pursuant to a treaty, 
     executive agreement, or bilateral memorandum in furtherance 
     of a border security initiative, engages in conduct (or 
     conspires or attempts to engage in conduct) in Canada that 
     would constitute an offense for which a person may be 
     prosecuted in a court of the United States had the conduct 
     been engaged in within the United States or within the 
     special maritime and territorial jurisdiction of the United 
     States shall be fined or imprisoned, or both, as provided for 
     that offense.
       ``(b) Definition.--In this section, the term `employed by 
     the Department of Homeland Security or the Department of 
     Justice' means--
       ``(1) being employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), or an employee of a 
     contractor (or a subcontractor at any tier) of the Department 
     of Homeland Security or the Department of Justice;
       ``(2) being present or residing in Canada in connection 
     with such employment; and
       ``(3) not being a national of or ordinarily resident in 
     Canada.''.
       (c) Technical and Conforming Amendments.--Part II of title 
     18, United States Code, is amended--
       (1) in the table of chapters, by striking the item relating 
     to chapter 212A and inserting the following:

``212A.  Extraterritorial jurisdiction over certain offenses3271'';....

     and
       (2) in the table of sections for chapter 212A, by inserting 
     after the item relating to section 3272 the following:

``3273. Offenses committed by certain United States personnel stationed 
              in Canada in furtherance of border security 
              initiatives.''.

       (d) Rule of Construction.--Nothing in this section shall be 
     construed to infringe upon or otherwise affect the exercise 
     of prosecutorial discretion by the Department of Justice in 
     implementing this provision.
                                 ______
                                 
  SA 3711. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. LIMITATIONS ON OPERATING CERTAIN AIRCRAFT NOT 
                   COMPLYING WITH STAGE 4 NOISE LEVELS.

       (a) In General.--Subchapter II of chapter 475 is amended by 
     adding at the end the following:

     ``Sec. 47535. Limitations on operating certain aircraft not 
       complying with stage 4 noise levels

       ``(a) Regulations.--Not later than December 31, 2017, the 
     Secretary of Transportation, in consultation with the 
     International Civil Aviation Organization, shall issue 
     regulations to establish minimum standards for civil 
     turbojets to comply with stage 4 noise levels.
       ``(b) General Rule.--The Secretary shall issue regulations 
     to, except as provided in section 47529--
       ``(1) establish a timeline by which increasing percentages 
     of the total number of civil turbojets with a maximum weight 
     of more than 75,000 pounds operating to or from airports in 
     the United States comply with the stage 4 noise levels 
     established under subsection (a), beginning not later than 
     December 31, 2022; and
       ``(2) require that 100 percent of such turbojets operating 
     after December 31, 2037, to or from airports in the United 
     States comply with the stage 4 noise levels.
       ``(c) Foreign-flag Aircraft.--
       ``(1) International standards.--The Secretary shall request 
     the International Civil Aviation Organization to add to its 
     Work Programme the consideration of international standards 
     for the phase-out of aircraft that do not comply with stage 4 
     noise levels.
       ``(2) Enforcement.--The Secretary shall enforce the 
     requirements of this section with respect to foreign-flag 
     aircraft only to the extent that such enforcement is 
     consistent with United States obligations under international 
     agreements.
       ``(d) Annual Report.--Beginning with calendar year 2020--
       ``(1) each air carrier shall submit to the Secretary an 
     annual report on the progress the carrier is making toward 
     complying with the requirements of this section and 
     regulations issued to carry out this section; and
       ``(2) the Secretary shall submit to Congress an annual 
     report on the progress being made toward that compliance.
       ``(e) Noise Recertification Testing Not Required.--
       ``(1) Limitation on statutory construction.--Nothing in 
     this section may be construed to require the noise 
     certification testing of a civil turbojet that has been 
     retrofitted to comply with or otherwise already meets the 
     stage 4 noise levels established under subsection (a).
       ``(2) Means of demonstrating compliance with stage 4 noise 
     levels.--The Secretary shall specify means for demonstrating 
     that an aircraft complies with stage 4 noise levels without 
     requiring noise certification testing.
       ``(f) Nonaddition Rule.--
       ``(1) In general.--Except as provided in paragraph (2) and 
     section 47530, a person may operate a civil jet aircraft with 
     a maximum weight of more than 75,000 pounds that is imported 
     into the United States after December 31, 2020, only if the 
     aircraft--
       ``(A) complies with the stage 4 noise levels; or
       ``(B) was purchased by the person importing the aircraft 
     into the United States under a legally binding contract 
     entered into before January 1, 2021.
       ``(2) Exception.--The Secretary of Transportation may 
     provide for an exception from paragraph (1) to permit a 
     person to obtain modifications to an aircraft to meet the 
     stage 4 noise levels.
       ``(3) Aircraft deemed not imported.--For purposes of this 
     subsection, an aircraft shall be deemed not to have been 
     imported into the United States if the aircraft--
       ``(A) was owned on January 1, 2021, by--
       ``(i) a corporation, trust, or partnership organized under 
     the laws of the United States, a State, or the District of 
     Columbia;
       ``(ii) an individual who is a citizen of the United States; 
     or
       ``(iii) an entity that is owned or controlled by a 
     corporation, trust, or partnership described in clause (i) or 
     an individual described in clause (ii); and
       ``(B) enters the United States not later than 6 months 
     after the expiration of a lease agreement (including any 
     extension of such an agreement) between an owner described in 
     subparagraph (A) and a foreign air carrier.''.
       (b) Clerical Amendment.--The analysis for chapter 475 of 
     such title is amended by inserting after the item relating to 
     section 47534 the following:

``47535. Limitations on operating certain aircraft not complying with 
              stage 4 noise levels.''.

     SEC. 5033. STANDARDS FOR ISSUANCE OF NEW TYPE CERTIFICATES.

       (a) Applicability of Stage 5 Noise Standards to Civil Jets 
     With a Maximum Weight of More Than 121,254 Pounds.--On and 
     after December 31, 2017, the Secretary of Transportation may 
     not issue a new type certificate for a civil jet with a 
     maximum weight of

[[Page S2039]]

     more than 121,254 pounds for which an application was 
     received after the date of the enactment of this Act, unless 
     the person applying for the type certificate demonstrates 
     that the civil jet complies with stage 5 noise levels.
       (b) Applicability of Stage 5 Noise Standards to All Civil 
     Jets.--On and after December 31, 2020, the Secretary may not 
     issue a new type certificate for any civil jet for which an 
     application was received after the date of the enactment of 
     this Act, unless the person applying for the type certificate 
     demonstrates that the civil jet complies with stage 5 noise 
     levels.
                                 ______
                                 
  SA 3712. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5023. HELICOPTER NOISE ABATEMENT.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue a final rule setting 
     forth guidelines and regulations relating to stringency 
     standards for Stage 3 noise levels for helicopters that--
       (1) create a requirement to retrofit existing helicopters 
     to comply with Stage 3 noise levels as prescribed in subpart 
     H of part 36 of title 14, Code of Federal Regulations; and
       (2) require the retirement of helicopters not in compliance 
     with Stage 3 noise levels by December 31, 2024.
       (b) Exemptions.--Helicopters utilized for medical purposes 
     or governmental functions (as defined in section 1.1 of title 
     14, Code of Federal Regulations) shall be exempt from the 
     guidelines and regulations required by subsection (a).
       (c) Stage 3 Noise Levels Defined.--In this section, the 
     term ``Stage 3 noise level'' has the meaning given that term 
     in section 36.1 of title 14, Code of Federal Regulations.
                                 ______
                                 
  SA 3713. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5023. MINIMUM ALTITUDES FOR HELICOPTERS OVER POPULATED 
                   AREAS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator shall establish 
     a process for evaluating--
       (1) whether minimum altitude requirements for helicopter 
     routes over populated areas can be safely set for the purpose 
     of reducing noise effects on the surrounding community; and
       (2) in the case of routes for which minimum altitudes 
     cannot be safely set, whether those routes should be 
     otherwise modified, restricted, or eliminated due to 
     excessive noise effects.
       (b) Public Engagement.--In establishing the process 
     required by subsection (a), the Administrator shall--
       (1) review and respond to requests made by States, 
     political subdivisions of States, other elected officials, 
     and community organizations to evaluate specific helicopter 
     routes to reduce noise; and
       (2) provide a means for the public to participate in the 
     process.
                                 ______
                                 
  SA 3714. Ms. HEITKAMP (for herself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 97, between lines 2 and 3, insert the following:
       ``(b) Assistance by Federal Unmanned Aircraft Systems.--The 
     Secretary shall include, in the guidance regarding the 
     operation of public unmanned aircraft systems required by 
     subsection (a), guidance with respect to allowing unmanned 
     aircraft systems owned or operated by a Federal agency to 
     assist Federal, State, local, or tribal law enforcement 
     organizations in conducting law enforcement activities in the 
     national airspace system.
                                 ______
                                 
  SA 3715. Ms. HEITKAMP submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 92, line 15, insert after ``unmanned aircraft'' the 
     following: ``, including in circumstances in which there has 
     been significant experience operating the associated unmanned 
     aircraft within a country with which the United States 
     maintains a trusted aviation relationship''.
                                 ______
                                 
  SA 3716. Ms. CANTWELL (for herself and Mr. Isakson) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENT FOR LAW ENFORCEMENT OFFICERS AND 
                   EXPLOSIVE DETECTION CANINES AT AIRPORTS.

       (a) Requirement.--The Administration of the Transportation 
     Security Administration shall require that the air 
     transportation security program required by section 
     44903(c)(1) of title 49, United States Code, for each covered 
     airport include the following:
       (1) Beginning not more than 30 days after the date of the 
     enactment of this Act, that a State or local law enforcement 
     officer is stationed not more than 300 feet from each 
     passenger screening checkpoint at each covered airport.
       (2) Beginning not more than 180 days after the date of the 
     enactment of this Act, that an explosives detection canine 
     team of a State or local law enforcement agency is assigned 
     to each terminal at each covered airport.
       (b) Technical Support.--The Administrator of the 
     Transportation Security Administration shall provide 
     technical and other support to State or local law enforcement 
     agencies providing the personnel described in paragraph (1) 
     or (2) of subsection (a).
       (c) Covered Airport Defined.--In this section, the term 
     ``covered airport'' means the 25 airports in the United 
     States with the highest numbers of passengers enplaned each 
     year.
       (d) Funding.--Out of funds made available to the 
     Transportation Security Administration for fiscal year 2016, 
     $20,000,000 shall be available for State and local law 
     enforcement agencies, as a transfer of funds, to train, 
     certify, and utilize explosives detection canines.
                                 ______
                                 
  SA 3717. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle A of title III, add the following:

     SEC. 3124. SERVICE LEVEL STANDARDS FOR PASSENGER SCREENING 
                   AND DATA PROCESSING.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall direct the Administrator of the Transportation Security 
     Administration and the Commissioner of U.S. Customs and 
     Border Protection to set service level standards for the 
     processing of passengers in air transportation and associated 
     electronic travel data.
       (b) Security Screening.--Section 44901 is amended by adding 
     at the end the following:
       ``(m) Service Level Standards.--
       ``(1) In general.--The physical screening of passengers and 
     their property, while in federally controlled areas, and 
     screening of electronic travel data, shall be performed in 
     accordance with service level standards established by the 
     Administrator of the Transportation Security Administration 
     and agreed to by the Aviation Security Advisory Committee.
       ``(2) Requirements for standards.--The service level 
     standards established under paragraph (1) shall provide for--
       ``(A) a 10-minute maximum wait time for 99 percent of all 
     passengers as measured in 15-minute periods each calendar 
     day;
       ``(B) a 5-minute maximum wait time for 95 percent of all 
     passengers as measured in 15-minute periods each calendar 
     day;
       ``(C) 98 percent passenger satisfaction with screening 
     processes as measured by customer satisfaction surveys;
       ``(D) 99 percent passenger satisfaction with the 
     cleanliness and hygiene of the screening area;
       ``(E) 98 percent of responses to submissions of electronic 
     passenger data returned within 4 seconds; and
       ``(F) 95 percent of all calls to the Transportation 
     Security Administration's resolution desk answered within 30 
     seconds.
       ``(3) Suspension of standards.--The Secretary of Homeland 
     Security may suspend the standards established under 
     paragraph (1) for reasons of national emergency for not more 
     than 30 days and shall report the circumstances for 
     suspension to Congress not later than 90 days after 
     suspending such standards.''.

[[Page S2040]]

       (c) Revised Customs Regulations.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall revise section 122.49(a) of title 19, Code of Federal 
     Regulations, as in effect on the day before the date of the 
     enactment of this Act, to require that the screening of 
     passenger and crew manifests be performed in accordance with 
     service level standards established by the Commissioner of 
     U.S. Customs and Border Protection and agreed to by the U.S. 
     Customs and Border Protection User Fee Advisory Committee.
       (2) Requirements for standards.--The service level 
     standards established pursuant to paragraph (1) shall provide 
     for--
       (A) 98 percent of responses to submissions of electronic 
     passenger data to be completed within 4 seconds;
       (B) 95 percent of all calls to any resolution desk to be 
     answered within 30 seconds;
       (C) 95 percent of all advance passenger information 
     submitted via interactive batch-style manifest submissions to 
     be returned within 3 minutes;
       (D) 95 percent of all data submissions requiring manual 
     resolution by U.S. Customs and Border Protection to be 
     provided within 5 minutes; and
       (E) 99.7 uptime for all passenger information processing 
     systems.
       (3) Suspension of standards.--The Secretary may suspend the 
     standards established pursuant to paragraph (1) for reasons 
     of national emergency for not more than 30 days and shall 
     report the circumstances for suspension to Congress not later 
     than 90 days after suspending such standards.
       (d) Amendment to Customs Laws.--Section 3061 of the Revised 
     Statutes (19 U.S.C. 482) is amended by adding at the end the 
     following:
       ``(c) Searches at Ports of Entry.--
       ``(1) In general.--Search of passengers pursuant to 
     subsection (a) at service ports and ports of entry (as listed 
     in section 101.3 of title 19, Code of Federal Regulations (or 
     any corresponding similar regulations or ruling)), shall be 
     performed in accordance with service level standards 
     established by the Commissioner of U.S. Customs and Border 
     Protection and agreed to by the U.S. Customs and Border 
     Protection User Fee Advisory Committee.
       ``(2) Requirements for standards.--The service level 
     standards established under paragraph (1) shall provide for--
       ``(A) 95 percent of all persons not requiring more than 
     normal inspection to be processed and cleared within 30 
     minutes of disembarkation;
       ``(B) a 15-minute average queue dwell time between entering 
     the secondary inspection area and commencing an initial 
     interview with a U.S. Customs and Border Protection secondary 
     inspector; and
       ``(C) 98 percent of all requests for capture of biometric 
     data for visitors to the United States at the primary 
     inspection booth to be completed within 15 seconds.
       ``(3) Suspension of standards.--The Secretary of Homeland 
     Security may suspend the standards established under 
     paragraph (1) for reasons of national emergency for not more 
     than 30 days and shall report the circumstances for 
     suspension to Congress not later than 90 days after 
     suspending such standards.''.
                                 ______
                                 
  SA 3718. Mr. CARPER (for himself, Mr. Schumer, Mr. Wyden, and Mr. 
Coons) submitted an amendment intended to be proposed to amendment SA 
3679 proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. 
Nelson)) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXTENSION OF ENERGY CREDIT FOR OTHER ENERGY 
                   PROPERTY.

       (a) Qualified Fuel Cell Property.--Section 48(c)(1)(D) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``for any period after December 31, 2016'' and inserting 
     ``the construction of which does not begin before January 1, 
     2022''.
       (b) Qualified Microturbine Property.--Section 48(c)(2)(D) 
     of such Code is amended by striking ``for any period after 
     December 31, 2016'' and inserting ``the construction of which 
     does not begin before January 1, 2022''.
       (c) Combined Heat And Power System Property.--Section 
     48(c)(3)(A)(iv) of such Code is amended by striking ``which 
     is placed in service before January 1, 2017'' and inserting 
     ``the construction of which begins before January 1, 2022''.
       (d) Qualified Small Wind Energy Property.--Section 
     48(c)(4)(C) of such Code is amended by striking ``for any 
     period after December 31, 2016'' and inserting ``the 
     construction of which does not begin before January 1, 
     2022''.
       (e) Thermal Energy Property.--Section 48(a)(3)(A)(vii) of 
     such Code is amended by striking ``periods ending before 
     January 1, 2017'' and inserting ``property the construction 
     of which begins before January 1, 2022''.
       (f) Phaseout of 30 Percent Credit Rate for Fuel Cell and 
     Small Wind Energy Property.--Subsection (a) of section 48 of 
     such Code is amended by adding at the end the following new 
     paragraph:
       ``(7) Phaseout for qualified fuel cell property and 
     qualified small wind energy property.--In the case of 
     qualified fuel cell property or qualified small wind energy 
     property, the construction of which begins before January 1, 
     2022, the energy percentage determined under paragraph (2) 
     shall be equal to--
       ``(A) in the case of any property the construction of which 
     begins after December 31, 2019, and before January 1, 2021, 
     26 percent, and
       ``(B) in the case of any property the construction of which 
     begins after December 31, 2020, and before January 1, 2022, 
     22 percent.''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 3719. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 298, between lines 19 and 20, insert the following:
       (3) choices that consumers have in choosing an air carrier 
     based on change, cancellation, and baggage fees in large, 
     medium, and small markets; and
       (4) the potential effect on availability of air service if 
     change, cancellation, or baggage fees were regulated by the 
     Federal Government.
                                 ______
                                 
  SA 3720. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 116, strike line 21 and all that follows through 
     page 117, line 6, and insert the following:
       ``(a) Prohibition.--Any person who operates an aircraft 
     and, in doing so, knowingly or recklessly interferes with 
     firefighting, law enforcement, or emergency response 
     activities, shall be subject to the penalties provided under 
     subsections (b) and (c).
       ``(b) Criminal Penalties.--
       ``(1) In general.--Except as provided in paragraph (2), 
     whoever commits or attempts to commit an offense under 
     subsection (a) shall be fined under title 18, imprisoned for 
     not more than 5 years, or both.
       ``(2) Serious bodily injury or death.--Whoever 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 title 18, imprisoned for 
     any term of years or for life, or both.
       ``(c) Civil Penalty.--Whoever operates an aircraft as 
     described in subsection (a) is liable to the United States 
     for a civil penalty of not more than $20,000.
                                 ______
                                 
  SA 3721. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 2138 and insert the following:

     SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.

       (a) Research Plan for Utm Development.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration, in coordination with the Administrator of the 
     National Aeronautics and Space Administration, shall develop 
     a research plan for unmanned aircraft systems traffic 
     management (referred to in this section as ``UTM'') 
     development.
       (2) Requirements.--In developing the research plan under 
     paragraph (1), the Administrator shall--
       (A) identify research goals related to--
       (i) operational parameters related to altitude, geographic 
     coverage, classes of airspace, and critical infrastructure;
       (ii) avionics capability requirements or standards;
       (iii) operator identification and authentication 
     requirements and capabilities;
       (iv) communication protocols with air traffic control 
     facilities that will not interfere with existing 
     responsibility to deconflict manned aircraft in the national 
     airspace system;
       (v) collision avoidance requirements;
       (vi) separation standards for manned and unmanned aircraft;
       (vii) spectrum needs; and
       (viii) provision of traffic position information and 
     weather through a traffic information service to operators of 
     unmanned aircraft systems;
       (B) evaluate options for the administration and management 
     structure for the traffic management of low altitude 
     operations of small unmanned aircraft systems;

[[Page S2041]]

       (C) ensure the plan is consistent with the broader Federal 
     Aviation Administration regulatory and operational framework 
     encompassing all unmanned aircraft systems operations 
     expected to be authorized in the national airspace system; 
     and
       (D) ensure the plan utilizes existing surveillance networks 
     and services provided under the surveillance and broadcast 
     services program, augmented as necessary with additional 
     surveillance assets to provide additional low altitude 
     coverage.
       (3) Assessment.--The research plan under paragraph (1) 
     shall include an assessment of--
       (A) the ability to allow near-term small unmanned aircraft 
     system operations without need of an automated UTM system;
       (B) the full range of operational capability any automated 
     UTM system should possess;
       (C) the operational characteristics and metrics that would 
     drive incremental adoption of automated capability and 
     procedures consistent with a rising aggregate community 
     demand for service for low altitude operations of small 
     unmanned aircraft systems;
       (D) the integration points for small unmanned aircraft 
     system traffic management with the existing national airspace 
     system planning and traffic management systems; and
       (E) the ability of a common air traffic surveillance 
     platform to provide situational awareness for beyond-line-of-
     sight operations.
       (4) Deadlines.--The Administrator shall--
       (A) initiate development of the research plan not later 
     than 90 days after the date of enactment of this Act; and
       (B) not later than 180 days after the date of enactment of 
     this Act--
       (i) complete the research plan;
       (ii) submit the research plan to the appropriate committees 
     of Congress; and
       (iii) publish the research plan on the Federal Aviation 
     Administration's Web site.
       (b) Pilot Program.--
       (1) In general.--Not later than 120 days after the date the 
     research plan under subsection (a) is submitted under 
     paragraph (4)(B) of that subsection, the Administrator of the 
     Federal Aviation Administration shall coordinate with the 
     Administrator of the National Aeronautics and Space 
     Administration and the small unmanned aircraft systems 
     industry to develop operational concepts and top-level system 
     requirements for a UTM system pilot program, consistent with 
     subsection (a).
       (2) Use of center of excellence and test sites.--In 
     developing and carrying out the pilot program under this 
     subsection, the Administrator shall, to the maximum extent 
     practicable, leverage the capabilities of and utilize the 
     Center of Excellence for Unmanned Aircraft Systems and the 
     test sites (as defined by section 44801 of title 49, United 
     States Code, as added by section 2121).
       (3) Solicitation.--The Administrator shall issue a 
     solicitation for operational prototype systems that meet the 
     necessary objectives for use in a pilot program to 
     demonstrate, validate, or modify, as appropriate, the 
     requirements developed under paragraph (1).
       (c) Comprehensive Plan.--
       (1) In general.--Not later than 270 days after the date the 
     pilot program under subsection (b) is complete, the 
     Administrator of the Federal Aviation Administration, in 
     coordination with the Administrator of the National 
     Aeronautics and Space Administration, and in consultation 
     with the head of each relevant Federal agency, shall develop 
     a comprehensive plan for the deployment of UTM systems in the 
     national airspace.
       (2) System requirements.--The comprehensive plan under 
     paragraph (1) shall include requirements or standards 
     consistent with established or planned rulemaking for, at a 
     minimum--
       (A) the flight of small unmanned aircraft systems in 
     controlled and uncontrolled airspace;
       (B) communications, as applicable--
       (i) among small unmanned aircraft systems;
       (ii) between small unmanned aircraft systems and manned 
     aircraft operating in the same airspace; and
       (iii) between small unmanned aircraft systems and air 
     traffic control as considered necessary;
       (C) air traffic management for small unmanned aircraft 
     systems operations; and
       (D) networked air traffic surveillance.
       (d) System Implementation.--Based on the comprehensive plan 
     under subsection (c), including the requirements under 
     paragraph (2) of that subsection, and the pilot program under 
     subsection (b), the Administrator shall determine the 
     operational need and implementation schedule for evolutionary 
     use of automation support systems to separate and deconflict 
     manned and unmanned aircraft systems.
                                 ______
                                 
  SA 3722. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CUBAN IMMIGRANTS.

       (a) Short Title.--This section may be cited as the ``Cuban 
     Immigrant Work Opportunity Act of 2016''.
       (b) Certain Cubans Ineligible for Refugee Assistance.--
       (1) In general.--Title V of the Refugee Education 
     Assistance Act of 1980 (8 U.S.C. 1522 note) is amended--
       (A) in the title heading, by striking ``CUBAN AND'';
       (B) in section 501--
       (i) by striking ``Cuban and'' each place such phrase 
     appears;
       (ii) in subsection (d), by striking ``Cuban or''; and
       (iii) in subsection (e)--

       (I) in paragraph (1)--

       (aa) by striking ``Cuban/'' and
       (bb) by striking ``Cuba or''; and

       (II) in paragraph (2), by striking ``Cuba or''.

       (2) Conforming amendments.--
       (A) Personal responsibility and work opportunity 
     reconciliation act of 1996.--Section 403(b)(1)(D) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(b)(1)(D)) is amended, by striking 
     ``a Cuban'' and all that follows and inserting ``an eligible 
     participant (as defined in section 101(3) of the Refugee 
     Education Assistance Act of 1980 (8 U.S.C. 1522 note)).''.
       (B) Omnibus education reconciliation act of 1981.--Section 
     543(a)(2) of the Omnibus Education Reconciliation Act of 1981 
     (title V of Public Law 97-35) is amended by striking ``a 
     Cuban-Haitian entrant'' and inserting ``a Haitian entrant''.
       (C) Immigration and nationality act.--Section 245A(h)(2)(A) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1255a(h)(2)(A)) is amended by striking ``a Cuban'' and all 
     that follows and inserting ``an eligible participant (as 
     defined in section 101(3) of the Refugee Education Assistance 
     Act of 1980 (8 U.S.C. 1522 note)).''.
       (3) Applicability.--The amendments made by this subsection 
     shall only apply to nationals of Cuba who enter the United 
     States on or after the date of the enactment of this Act.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Inspector General of the Social 
     Security Administration shall submit a report to Congress 
     that describes the methods by which the provision described 
     in section 416.215 of title 20, Code of Federal Regulations, 
     is being enforced.
                                 ______
                                 
  SA 3723. Ms. MURKOWSKI (for herself and Mr. Sullivan) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 84, between lines 13 and 14, insert the following:
       ``(f) Special Rules for Certain Unmanned Aircraft Systems 
     and Operations in the Arctic.--
       ``(1) In general.--Notwithstanding any other provision of 
     this chapter, and not later than 180 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Secretary shall determine if 
     certain unmanned aircraft systems may operate safely in the 
     Arctic beyond the limitations of the notice of proposed 
     rulemaking relating to operation and certification of small 
     unmanned aircraft systems (80 Fed. Reg. 9544), including 
     operation of such systems beyond the visual line of sight of 
     the operator.
       ``(2) Assessment of unmanned aircraft systems.--In making 
     the determination required by paragraph (1), the Secretary 
     shall determine, at a minimum--
       ``(A) which types of unmanned aircraft systems, if any, as 
     a result of their size, weight, speed, operational 
     capability, proximity to airports and populated areas, and 
     operation beyond visual line of sight do not create a hazard 
     to users of the airspace over the Arctic or the public or 
     pose a threat to national security;
       ``(B) which beyond-line-of-sight operations provide 
     extraordinary public benefit justifying safe accommodation of 
     the operations while minimizing restrictions on manned 
     aircraft operations; and
       ``(C) whether a certificate of waiver, certificate of 
     authorization, or airworthiness certification under section 
     44704 is required for the operation of unmanned aircraft 
     systems identified under subparagraph (A).
       ``(3) Requirements for safe operation.--If the Secretary 
     determines under this subsection that certain unmanned 
     aircraft systems may operate safely in the Arctic beyond the 
     visual line of sight of the operator, the Secretary shall 
     establish requirements for the safe equipage and operation of 
     such aircraft systems while minimizing the effect on manned 
     aircraft operations.''.
                                 ______
                                 
  SA 3724. Ms. MURKOWSKI (for herself and Mr. Sullivan) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased

[[Page S2042]]

expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. MODIFICATION OF EXCISE TAX EXEMPTION FOR SMALL 
                   AIRCRAFT ON ESTABLISHED LINES.

       (a) In General.--Section 4281 of the Internal Revenue Code 
     of 1986 is amended--
       (1) in subsection (a), by striking ``6,000 pounds or less'' 
     and inserting ``12,500 pounds or less'', and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Established Line.--For purposes of this section, an 
     aircraft shall not be considered as operated on an 
     established line if operated under an authorization to 
     conduct on-demand operations in common carriage pursuant to 
     section 119.21(a)(5) of title 14, Code of Federal 
     Regulations, as in effect on the date of the enactment of the 
     Federal Aviation Administration Reauthorization Act of 
     2016.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable transportation provided after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 3725. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5037. AUTHORIZATION OF AIR CARRIERS TO PROVIDE SERVICE 
                   BETWEEN THE UNITED STATES AND CUBA FOR CITIZENS 
                   OF OTHER COUNTRIES WITH ITINERARIES THAT BEGIN 
                   AND END OUTSIDE THE UNITED STATES.

       (a) In General.--Notwithstanding any other provision of 
     law, an air carrier providing permissible scheduled service 
     between the United States and Cuba pursuant to a frequency 
     allocation by the Department of Transportation may carry 
     passengers who are citizens of countries other than the 
     United States or Cuba and their accompanied baggage to or 
     from Cuba to the same extent as the air carrier would be 
     authorized to carry those passengers to any other 
     destination, provided that the ticketed itinerary for those 
     passengers begins and ends outside the United States.
       (b) Citizenship.--An air carrier may rely on the passport 
     presented by the passenger in determining the citizenship of 
     the passenger under subsection (a).
       (c) Regulations.--Not later than 60 days after the date of 
     the enactment of this Act, the President shall prescribe 
     regulations to implement this section.
                                 ______
                                 
  SA 3726. Ms. CANTWELL (for herself, Mrs. Murray, and Ms. Hirono) 
submitted an amendment intended to be proposed to amendment SA 3679 
proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. Nelson)) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 5009 and insert the following:

     SEC. 5009. INTERFERENCE WITH AIR CARRIER EMPLOYEES.

       (a) In General.--Section 46503 is amended by inserting 
     after ``to perform those duties'' the following ``, or who 
     assaults an air carrier customer representative in an 
     airport, including a gate or ticket agent, who is performing 
     the duties of the representative or agent,''.
       (b) Conforming Amendment.--Section 46503 is amended in the 
     section heading by inserting ``or air carrier customer 
     representatives'' after ``screening personnel''.
       (c) Clerical Amendment.--The analysis for chapter 465 is 
     amended by striking the item relating to section 46503 and 
     inserting the following:

``46503. Interference with security screening personnel or air carrier 
              customer representatives.''.
                                 ______
                                 
  SA 3727. Ms. CANTWELL (for herself and Mrs. Murray) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY 
                   FOR CIVIL AIRCRAFT.

       Section 911 of the FAA Modernization and Reform Act of 2012 
     (Public Law 112-95; 49 U.S.C. 44504 note) is amended--
       (1) in subsection (a), by striking ``to assist in'' and 
     inserting ``with the objective of accelerating'';
       (2) in subsection (c)(1)(B), by inserting ``and ability to 
     prioritize researchable constraints'' after ``with 
     experience''; and
       (3) by adding at the end the following:
       ``(e) Collaboration and Report.--
       ``(1) Collaboration.--The Administrator, in coordination 
     with the Administrator of NASA, the Secretary of Energy, and 
     the Secretary of Agriculture, shall continue research and 
     development activities into the development and deployment of 
     jet fuels described in subsection (a).
       ``(2) Report.--Not later than 180 days after the date of 
     the enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator, in 
     coordination with the Administrator of NASA, the Secretary of 
     Energy, and the Secretary of Agriculture, and after 
     consultation with the heads of other relevant agencies, shall 
     submit to Congress a joint plan to carry out the research 
     described in paragraph (1).''.
                                 ______
                                 
  SA 3728. Ms. CANTWELL (for herself, Mrs. Murray, Mr. Blumenthal, and 
Mr. Markey) submitted an amendment intended to be proposed to amendment 
SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. 
Nelson)) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 198, strike lines 3 through 11, and insert the 
     following:
       (b) Contents.--In revising the regulations under subsection 
     (a), the Administrator shall ensure that a flight attendant 
     scheduled to a duty period of 14 hours or less is given a 
     scheduled rest period of at least 10 consecutive hours and 
     that such rest period is not reduced under any circumstances.
                                 ______
                                 
  SA 3729. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following.
       (3) Penalties for violations of citizenship control 
     requirements.--Section 46301(a), as amended by paragraph (1), 
     is further amended--
       (A) in paragraph (1)(A), by inserting ``(except as provided 
     in paragraph (7))'' after ``chapter 411''; and
       (B) by adding at the end the following:
       ``(7) Penalties for Violations of Citizenship Control 
     Requirements.--(A) A person that controls an air carrier 
     required to hold a certificate under section 41101(a) or to 
     be exempted from such requirement under section 40109 and is 
     not a citizen of the United States--
       ``(i) shall be liable to the United States Government for a 
     civil penalty of not more than $25,000 for each day or each 
     flight during which the person is not in compliance with 
     section 41101(a) or 40109, as applicable (or of not more than 
     $1,100 for each such day or such flight if the person is an 
     individual or small business concern and the controlled air 
     carrier is also a small business concern);
       ``(ii) shall not be jointly and severally liable for any 
     civil penalty imposed pursuant to paragraph (1) on the air 
     carrier under such unlawful control;
       ``(iii) shall be deemed to have engaged in unfair and 
     deceptive practices and unfair methods of competition in 
     violation of section 41712; and
       ``(iv) shall be jointly and severally liable, together with 
     the air carrier operating under such unlawful control, to pay 
     restitution to any air carrier subject to such unfair and 
     deceptive practices and unfair methods of competition as 
     ordered by the Secretary of Transportation.
       ``(B) The Secretary of Transportation is authorized to 
     consider any amounts paid in restitution as a mitigating 
     factor when imposing a civil penalty under this paragraph.
       ``(C) Any aircraft operated by an air carrier that is not a 
     citizen of the United States shall be prohibited from 
     operating within the United States until any civil penalty or 
     restitution imposed pursuant to this paragraph has been 
     satisfied.''.
                                 ______
                                 
  SA 3730. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENFORCEMENT OF CERTIFICATE REQUIREMENTS.

       (a) Civil Actions Authorized.--Section 46101(a) is amended 
     by adding at the end the following:
       ``(5)(A) If a complaint filed under this subsection alleges 
     that an air carrier required to hold a certificate under 
     section 41101(a) or

[[Page S2043]]

     exempted from such requirement under section 40109 is not a 
     citizen of the United States, and the Secretary of 
     Transportation, the Under Secretary for Policy, or the 
     Administrator of the Federal Aviation Administration 
     dismisses the complaint without a hearing or fails to resolve 
     the complaint on the merits within 180 days after such 
     complaint is filed, the complainant may bring a civil action 
     against the air carrier in a district court of the United 
     States pursuant to section 46108.
       ``(B) A civil action authorized under subparagraph (A) 
     shall not be subject to dismissal or stay on the grounds that 
     administrative remedies have not been exhausted or that the 
     action is subject to the primary jurisdiction of the Federal 
     Aviation Administration.
       ``(C) Nothing in this paragraph may be construed to require 
     a person to file a complaint pursuant to paragraph (1) before 
     bringing a civil action pursuant to section 46108.''.
       (b) Remedies.--Section 46108 is amended--
       (1) by striking ``An interested person'' and inserting the 
     following:
       ``(a) In General.--An interested person'';
       (2) in subsection (a), as designated, by striking ``of this 
     title'' and all that follows and inserting ``or to enforce 
     the terms of an exemption issued under section 40109.''; and
       (3) by adding at the end the following:
       ``(b) Defendants.--A person that controls an air carrier 
     required to hold a certificate under section 41101(a) or 
     exempted from such requirement under section 40109 may be 
     named as a defendant in an action under this section if such 
     person is not a citizen of the United States.
       ``(c) Liability.--A person described in subsection (b)--
       ``(1) shall be jointly and severally liable for any damages 
     suffered by a citizen of the United States as a result of the 
     person's failure to comply with section 41101(a); and
       ``(2) shall be subject to injunctive relief.
       ``(d) Venue.--A civil action under this section may be 
     brought in the judicial district in which any defendant does 
     business or in the judicial district in which the violation 
     occurred.''.
       (c) Penalties for Violations of Citizenship Control 
     Requirements.--Section 46301(a), as amended by section 
     2133(b)(1), is further amended--
       (1) in paragraph (1)(A), by inserting ``(except as provided 
     in paragraph (7))'' after ``chapter 411''; and
       (2) by adding at the end the following:
       ``(7) Penalties for Violations of Citizenship Control 
     Requirements.--(A) A person that controls an air carrier 
     required to hold a certificate under section 41101(a) or to 
     be exempted from such requirement under section 40109 and is 
     not a citizen of the United States--
       ``(i) shall be liable to the United States Government for a 
     civil penalty of not more than $25,000 for each day or each 
     flight during which the person is not in compliance with 
     section 41101(a) or 40109, as applicable (or of not more than 
     $1,100 for each such day or such flight if the person is an 
     individual or small business concern and the controlled air 
     carrier is also a small business concern);
       ``(ii) shall be jointly and severally liable for any civil 
     penalty imposed pursuant to paragraph (1) on the air carrier 
     under such unlawful control;
       ``(iii) shall be deemed to have engaged in unfair and 
     deceptive practices and unfair methods of competition in 
     violation of section 41712; and
       ``(iv) shall be jointly and severally liable, together with 
     the air carrier operating under such unlawful control, to pay 
     restitution to any air carrier subject to such unfair and 
     deceptive practices and unfair methods of competition as 
     ordered by the Secretary of Transportation.
       ``(B) The Secretary of Transportation is authorized to 
     consider any amounts paid in restitution as a mitigating 
     factor when imposing a civil penalty under this paragraph.
       ``(C) Any aircraft operated by an air carrier that is not a 
     citizen of the United States shall be prohibited from 
     operating within the United States until any civil penalty or 
     restitution imposed pursuant to this paragraph has been 
     satisfied.''.
                                 ______
                                 
  SA 3731. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title II, add the following:

          PART V--SAFE OPERATION OF UNMANNED AIRCRAFT SYSTEMS

     SEC. 2171. SHORT TITLE.

       This part may be cited as the ``Safety for Airports and 
     Firefighters by Ensuring Drones Refrain from Obstructing 
     Necessary Equipment Act of 2016'' or the ``SAFE DRONE Act of 
     2016''.

     SEC. 2172. CRIMINAL PENALTY FOR OPERATING DRONES IN CERTAIN 
                   LOCATIONS.

       (a) In General.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 40A. Operating drones in certain locations

       ``(a) Offense.--It shall be unlawful for a person to 
     knowingly operate a drone in a restricted area without proper 
     authorization from the Federal Aviation Administration.
       ``(b) Exception.--Subsection (a) shall not apply to 
     operations conducted for purposes of firefighting or 
     emergency response by a Federal, State, or local unit of 
     government (including any individual conducting such 
     operations pursuant to a contract or other agreement entered 
     into with the unit).
       ``(c) Regulations.--Not later than 90 days after the date 
     of the enactment of this section, the Attorney General shall, 
     by regulation, establish penalties for a violation of this 
     section that the Attorney General determines are reasonably 
     calculated to provide a deterrent to operating drones in 
     restricted areas, which may include a term of imprisonment.
       ``(d) Definitions.--In this section--
       ``(1) the term `drone' has the meaning given the term 
     `unmanned aircraft' in section 44801 of title 49;
       ``(2) the terms `large hub airport', `medium hub airport', 
     and `small hub airport' have the meanings given those terms 
     in section 47102 of title 49; and
       ``(3) the term `restricted area' means--
       ``(A) within a 2-mile radius of a small hub airport, medium 
     hub airport, or large hub airport;
       ``(B) within 2 miles of the outermost perimeter of an 
     ongoing firefighting operation involving the Department of 
     Agriculture or the Department of the Interior; or
       ``(C) in an area that is subject to a temporary flight 
     restriction issued by the Administrator of the Federal 
     Aviation Administration.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 2 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``40A. Operating drones in certain locations.''.
                                 ______
                                 
  SA 3732. Mr. BOOKER (for himself, Mr. Daines, and Mr. Heller) 
submitted an amendment intended to be proposed to amendment SA 3679 
proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. Nelson)) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title IV, insert the following:

     SEC. 4118. SENSE OF CONGRESS ON THE NEXT GENERATION AIR 
                   TRANSPORTATION SYSTEM.

       It is the sense of Congress that--
       (1) the Next Generation Air Transportation System (known as 
     ``NextGen'') could, if properly implemented, provide much 
     needed modernization of air traffic technologies to meet the 
     future needs of the national airspace;
       (2) once fully implemented, advancements from 
     implementation of the Next Generation Air Transportation 
     System could result in billions of dollars of economic 
     benefits to air carriers and the travel industry;
       (3) the Next Generation Air Transportation System has the 
     potential to improve air traffic management by--
       (A) improving weather forecasting;
       (B) enhancing safety;
       (C) creating more flexible spacing and sequencing of 
     aircraft;
       (D) reducing air traffic separation; and
       (E) reducing congestion;
       (4) improvements to air traffic management through the 
     implementation of the Next Generation Air Transportation 
     System will provide benefits--
       (A) to the flying public, such as reduced delays, reduced 
     wait times, more direct flights, and an overall enhanced 
     flying experience; and
       (B) to commercial air carriers, such as fuel cost savings, 
     lower operational costs, and improved customer satisfaction; 
     and
       (5) fully and swiftly implementing the Next Generation Air 
     Transportation System should remain a top priority for the 
     United States to maximize the efficiency of the airspace 
     system of the United States, maintain a competitive 
     advantage, and remain a global leader in aviation.
                                 ______
                                 
  SA 3733. Mr. HOEVEN (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of part II of subtitle A of title II, add the 
     following:

     SEC. 2144. EXEMPTION FOR THE OPERATION OF CERTAIN UNMANNED 
                   AIRCRAFT AT TEST SITES.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, and without the opportunity for 
     prior public notice and comment, the Administrator shall 
     grant an exemption for the operation of unmanned aircraft 
     systems for any non-hobby, non-recreational, and non-
     commercial purpose under the oversight of an unmanned 
     aircraft system test site to all persons that meet the terms, 
     conditions, and limitations described in subsection (b) for

[[Page S2044]]

     the exemption. All such operations of unmanned aircraft 
     systems shall be conducted in accordance with a certificate 
     of waiver or authorization issued to the unmanned aircraft 
     system test site by the Administrator.
       (b) Terms, Conditions, and Limitations.--
       (1) In general.--The exemption granted under subsection (a) 
     or any amendment to that exemption--
       (A) shall, at a minimum, exempt the operator of an unmanned 
     aircraft system from the provisions of parts 21, 43, 61, and 
     91 of title 14, Code of Federal Regulations, that are 
     applicable only to civil aircraft or civil aircraft 
     operations;
       (B) may contain such other terms, conditions, and 
     limitations as the Administrator may deem necessary in the 
     interest of aviation safety or the efficiency of the national 
     airspace system; and
       (C) shall require a person, before initiating an operation 
     under the exemption, to provide written notice to the 
     unmanned aircraft system test site overseeing the operation, 
     in a form and manner specified by the Administrator, that 
     states, at a minimum, that the person has read, understands, 
     and will comply with all terms, conditions, and limitations 
     of the exemption and applicable certificates of waiver or 
     authorization.
       (2) Transmission to federal aviation administration.--The 
     unmanned aircraft system test site overseeing an operation 
     shall transmit to the Federal Aviation Administration copies 
     of all notices under paragraph (1)(C) relating to the 
     operation in a form and manner specified by the 
     Administrator.
       (c) No Airworthiness or Airman Certificate Required.--
       (1) In general.--Notwithstanding paragraph (1), (2)(A), or 
     (3) of section 44711(a) of title 49, United States Code, the 
     Administrator may allow a person may operate, or employ an 
     airman who operates, an unmanned aircraft system for any non-
     hobby or non-recreational purpose under the oversight of an 
     unmanned aircraft system test site without an airman 
     certificate and without an airworthiness certificate for the 
     aircraft if the operations of the unmanned aircraft system 
     meet all terms, limitations, and conditions of an exemption 
     issued under subsection (a) and of a certificate of waiver or 
     authorization issued to the unmanned aircraft system test 
     site by the Administrator.
       (2) Pilot certification exemption.--If the Secretary 
     proposes, under this section, to require an operator of an 
     unmanned aircraft system to hold an airman certificate or a 
     medical certificate, or to have a minimum number of hours 
     operating a manned aircraft, the Secretary shall set forth 
     the reasoning for such proposal and seek public notice and 
     comment before imposing any such requirements.
       (d) Data Available for Certificate of Airworthiness.--The 
     Administrator shall accept data collected or developed as a 
     result of an operation of an unmanned aircraft system 
     conducted under the oversight of an unmanned aircraft system 
     test site pursuant to an exemption issued under subsection 
     (a) for consideration in an application for an airworthiness 
     certificate for the unmanned aircraft system.
       (e) Sunset.--The exemption issued under subsection (a), and 
     any amendment to that exemption, shall cease to be valid on 
     the date of the termination of the unmanned aircraft system 
     test site program under section 332(c) of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).
       (f) Rules of Construction and Procedure.--
       (1) In general.--The issuance of an exemption under 
     subsection (a), the issuance of a certificate of waiver or 
     authorization (including the issuance of a certificate of 
     waiver or authorization to an unmanned aircraft test site), 
     the amendment of such an exemption or certificate, the 
     imposition of a term, condition, or limitation on such an 
     exemption or certificate, and any other activity carried out 
     by the Federal Aviation Administration under this section 
     shall be made without regard to--
       (A) the notice and comment provisions of section 553 of 
     title 5, United States Code; and
       (B) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (2) Savings provisions.--Nothing in this section shall be 
     construed to--
       (A) affect the issuance of a rule by or any other activity 
     of the Secretary of Transportation or the Administrator under 
     any other provision of law; or
       (B) invalidate an exemption granted or certificate of 
     waiver or authorization issued by the Administrator before 
     the date of the enactment of this Act.
       (g) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Airman certificate.--The term ``airman certificate'' 
     means an airman certificate issued under section 44703 of 
     title 49, United States Code.
       (3) Certificate of waiver or authorization.--The term 
     ``certificate of waiver or authorization'' means an 
     authorization issued by the Federal Aviation Administration 
     for the operation of aircraft in deviation from a rule or 
     regulation and includes the terms, conditions, and 
     limitations of the authorization.
       (4) Unmanned aircraft; unmanned aircraft system.--The terms 
     ``unmanned aircraft'' and ``unmanned aircraft system'' have 
     the meanings given those terms in section 44801 of title 49, 
     United States Code, as added by section 2121.
       (5) Unmanned aircraft system test site.--The term 
     ``unmanned aircraft system test site'' means an entity 
     designated to operate a test site, as defined by section 
     44801of title 49, United States Code, as added by section 
     2121.
                                 ______
                                 
  SA 3734. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in subtitle A of title II, insert 
     the following:

     SEC. ____. COLLABORATION BETWEEN FEDERAL AVIATION 
                   ADMINISTRATION AND DEPARTMENT OF DEFENSE ON 
                   UNMANNED AIRCRAFT SYSTEMS.

       (a) Collaboration Between Federal Aviation Administration 
     in Department of Defense Required.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration and the Secretary of Defense shall collaborate 
     on developing ground-based sense and avoid (GBSAA) and 
     airborne sense and avoid (ABSAA) capabilities for unmanned 
     aircraft systems (UAS).
       (2) Elements.--The collaboration required by paragraph (1) 
     shall include the following:
       (A) Assisting the Administrator in safely integrating 
     unmanned aircraft systems and manned aircraft in the national 
     airspace system.
       (B) Building upon Air Force and Department of Defense 
     experience to speed the development of civil standards, 
     policies, and procedures for expediting unmanned aircraft 
     systems integration.
       (C) Assisting in the development of civil unmanned aircraft 
     airworthiness certification, development of airborne and 
     ground-based sense and avoid capabilities for unmanned 
     aircraft systems, and research and development on unmanned 
     aircraft systems, especially with respect to matters 
     involving human factors, information assurance, and security.
       (b) Participation by Federal Aviation Administration in 
     Department of Defense Activities.--
       (1) In general.--The Administrator may participate and 
     provide assistance for participation in test and evaluation 
     efforts of the Department of Defense, including the Air 
     Force, relating to ground-based sense and avoid and airborne 
     sense and avoid capabilities for unmanned aircraft systems.
       (2) Participation through centers of excellence and test 
     sites.--Participation under paragraph (1) may include 
     provision of assistance through the Unmanned Aircraft Systems 
     Center of Excellence and Unmanned Aircraft Systems Test 
     Sites.
                                 ______
                                 
  SA 3735. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5037. LIMITATION ON DISCRETION OF U.S. CUSTOMS AND 
                   BORDER PROTECTION TO SPEND FEES.

       Notwithstanding any other provision of law, any amounts 
     collected as fees by the Commissioner of U.S. Customs and 
     Border Protection shall be deposited in the general fund of 
     the Treasury and shall be available to U.S. Customs and 
     Border Protection only as provided for in advance in an 
     appropriations Act.
                                 ______
                                 
  SA 3736. Mr. WARNER (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 125, line 11, insert ``, or commercial operators 
     operating under contract with a public entity,'' after 
     ``systems''.
                                 ______
                                 
  SA 3737. Mr. KIRK (for himself and Mr. Hatch) submitted an amendment 
intended to be proposed to amendment SA 3679 proposed by Mr. McConnell 
(for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 636, to 
amend the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

[[Page S2045]]

  


     SEC. __. UNFAIR AND DECEPTIVE PRACTICES AND UNFAIR METHODS OF 
                   COMPETITION.

       Section 41712 is amended--
       (1) in subsections (a) and (b), by striking ``air carrier, 
     foreign air carrier, or ticket agent'' each place that term 
     appears and inserting ``air carrier or foreign air carrier''; 
     and
       (2) in subsection (c), by striking ``ticket agent,''.
                                 ______
                                 
  SA 3738. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5037. MODIFICATIONS TO PILOT PROGRAM ON PRIVATE 
                   OWNERSHIP OF AIRPORTS.

       (a) Support for Essential Predevelopment Activities.--
     Section 47134 is amended by adding at the end the following:
       ``(n) Predevelopment Grants.--There are authorized to be 
     appropriated, out of funds available to the Federal Aviation 
     Administration, $15,000,000 for purposes of making grants to 
     airports, in an amount not to exceed $750,000 per grant, to 
     carry out predevelopment activities relating to the pilot 
     program under this section, subject to such terms and 
     conditions as the Secretary, in consultation with the 
     Administrator, may reasonably require.''.
       (b) Authorization of Entities Partially Owned by Public 
     Agencies to Participate in Pilot Program.--Subsection (a) of 
     such section is amended by striking ``public agency'' and 
     inserting ``person owned solely by a public agency''.
       (c) Increase in Participation of Certain Airports.--
     Subsection (d)(2) of such section is amended by striking 
     ``more than 1 application submitted by an airport'' and 
     inserting ``more than 3 applications submitted by airports''.
                                 ______
                                 
  SA 3739. Mr. ROUNDS (for himself and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 3679 proposed by Mr. McConnell 
(for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 636, to 
amend the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE TRANSPORT PILOT CERTIFICATE REQUIREMENTS.

       Subsection (d) of section 217 of the Airline Safety and 
     Federal Aviation Administration Extension Act of 2010 (Public 
     Law 111-216; 49 U.S.C. 44701 note) is amended by striking 
     ``courses,'' and inserting ``courses and courses offered by 
     certificated air carriers,''.
                                 ______
                                 
  SA 3740. Ms. HIRONO (for herself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT 
                   SYSTEM.

       Section 40122(g)(2)(B) is amended--
       (1) by inserting ``3304(f),'' before ``3308-3320''; and
       (2) by inserting ``3330a, 3330b, 3330c, and 3330d,'' before 
     ``relating''.
                                 ______
                                 
  SA 3741. Ms. HIRONO (for herself, Mr. Daines, and Mr. Tester) 
submitted an amendment intended to be proposed to amendment SA 3679 
proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. Nelson)) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 339, strike line 24, and all that follows 
     through page 340, line 5, and insert the following:
       (c) Application.--The amendments made by this section shall 
     apply with respect to any employee of the Federal Aviation 
     Administration or the Transportation Security Administration 
     hired on or after the date that is 1 year after the date of 
     enactment of this Act.
       (d) Policies and Procedures.--Not later than 270 days after 
     the date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration and the Administrator of the 
     Transportation Security Administration shall
                                 ______
                                 
  SA 3742. Ms. HIRONO (for herself, Ms. Murkowski, Mr. Schatz, and Mr. 
Sullivan) submitted an amendment intended to be proposed to amendment 
SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. 
Nelson)) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXCEPTIONS TO RESTRUCTURING OF PASSENGER FEE.

       (a) In General.--Section 44940(c) is amended--
       (1) in paragraph (1), by striking ``Fees imposed'' and 
     inserting ``Except as provided in paragraph (2), fees 
     imposed'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Exceptions.--Fees imposed under subsection (a)(1) may 
     not exceed $2.50 per enplanement, and the total amount of 
     such fees may not exceed $5.00 per one-way trip, for 
     passengers--
       ``(A) boarding to an eligible place under subchapter II of 
     chapter 417 for which essential air service compensation is 
     paid under that subchapter; or
       ``(B) on flights, including flight segments, between 2 or 
     more points in Hawaii or 2 or more points in Alaska.''.
       (b) Implementation of Fee Exceptions.--The Secretary of 
     Homeland Security shall implement the fee exceptions under 
     the amendments made by subsection (a)--
       (1) beginning on the date that is 30 days after the date of 
     the enactment of this Act; and
       (2) through the publication of notice of the fee exceptions 
     in the Federal Register, notwithstanding section 9701 of 
     title 31, United States Code, and the procedural requirements 
     of section 553 of title 5, United States Code.
                                 ______
                                 
  SA 3743. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5037. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY 
                   FOR THE PUBLIC BENEFIT.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds the following:
       (A) Many volunteer pilots fly for the public benefit for 
     nonprofit organizations and provide valuable services to 
     communities and individuals in need.
       (B) In each calendar year volunteer pilots and the 
     nonprofit organizations those pilots fly for provide long-
     distance, no-cost transportation for tens of thousands of 
     people during times of special need. Flights provide patient 
     and medical transport, disaster relief, and humanitarian 
     assistance, and conduct other charitable missions that 
     benefit the public.
       (C) Such nonprofit organizations have supported the 
     homeland security of the United States by providing volunteer 
     pilot services during and following disasters and during 
     other times of national emergency.
       (D) Most other kinds of volunteers are protected from 
     liability by the Volunteer Protection Act of 1997 (42 U.S.C. 
     14501 et seq.), but volunteer pilots are not.
       (2) Purposes.--The purposes of this section are, by 
     amending the Volunteer Protection Act of 1997--
       (A) to extend the protection of that Act to volunteer 
     pilots;
       (B) to promote the activities of volunteer pilots and the 
     nonprofit organizations those pilots fly for in providing 
     flights for the public benefit; and
       (C) to sustain and enhance the availability of the services 
     that such pilots and nonprofit organizations provide, 
     including--
       (i) transportation at no cost to financially needy medical 
     patients for medical treatment, evaluation, and diagnosis;
       (ii) flights for humanitarian and charitable purposes; and
       (iii) other flights of compassion.
       (b) Liability Protection for Pilots That Fly for Public 
     Benefit.--Section 4 of the Volunteer Protection Act of 1997 
     (42 U.S.C. 14503) is amended--
       (1) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively; and
       (2) in subsection (a), by striking ``subsections (b) and 
     (d)'' and inserting ``subsections (b), (c), and (e)''; and
       (3) by inserting after subsection (a) the following:
       ``(b) Liability Protection for Pilots That Fly for Public 
     Benefit.--Except as provided in subsections (c) and (e), no 
     volunteer of a volunteer pilot nonprofit organization that 
     arranges flights for public benefit shall be liable for harm 
     caused by an act or omission of the volunteer on behalf of 
     the organization if, at the time of the act or omission, the 
     volunteer--
       ``(1) was operating an aircraft in furtherance of the 
     purpose of, and acting within the

[[Page S2046]]

     scope of the volunteer's responsibilities on behalf of, the 
     nonprofit organization;
       ``(2) was properly licensed and insured for the operation 
     of the aircraft;
       ``(3) was in compliance with all requirements of the 
     Federal Aviation Administration for recent flight experience; 
     and
       ``(4) did not cause the harm through willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the volunteer.''.
                                 ______
                                 
  SA 3744. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 3110 and insert the following:

     SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A 
                   COVERED AIR CARRIER.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall promulgate regulations that require each covered air 
     carrier to promptly provide a refund to a passenger, upon 
     request, of any ancillary fees paid by the passenger for a 
     service, as defined and disclosed by the air carrier, that, 
     except as provided in subsection (b), the passenger does not 
     receive, including on the passenger's scheduled flight or, if 
     the flight is rescheduled, a subsequent replacement 
     itinerary.
       (b) Exceptions.--
       (1) Voluntary changes in itinerary.--Subsection (a) shall 
     not apply if a passenger does not receive a service described 
     in that subsection because the passenger voluntarily chose to 
     make changes to the passenger's flight itinerary.
       (2) Extraordinary circumstanes.--An air carrier is not 
     required to provide a refund under subsection (a) with 
     respect to a fee for a service if the carrier is prevented 
     from provide the service by extraordinary circumstances that 
     could not have been avoided by the air carrier even if all 
     reasonable measures had been taken.
                                 ______
                                 
  SA 3745. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 5023 and insert the following:

     SEC. 5023. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 
                   INTERNATIONAL AIR CARRIER ALLIANCES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of certain cooperative 
     agreements between United States air carriers and non-United 
     States air carriers (referred to in this section as 
     ``alliances'') that--
       (1) have been created pursuant to section 41309 of title 
     49, United States Code; and
       (2) have been exempted from antitrust laws (as defined in 
     the first section of the Clayton Act ( 15 U.S.C. 12)) 
     pursuant to section 41308 of title 49, United States Code.
       (b) Scope.--In conducting the study under subsection (a), 
     the Comptroller General shall assess--
       (1) the public benefits to consumers of alliances and the 
     consequences of alliances, if any, to competition, pricing, 
     and new entry into markets served by alliances;
       (2) the representations made by air carriers to the 
     Secretary of Transportation for the necessity of an antitrust 
     exemption;
       (3) the Department of Transportation's expectations of 
     public benefits resulting from alliances, including whether 
     such expected benefits were actually achieved;
       (4) the Department of Transportation's role in the approval 
     and monitoring of alliances;
       (5) whether there has been sufficient transparency in the 
     approval of alliances, including opportunities for public 
     review and feedback;
       (6) the role of the Department of Justice in the oversight 
     of alliances;
       (7) whether there are alternatives to antitrust immunity 
     that could be conferred that would also produce public 
     benefits; and
       (8) the level of competition between alliances.
       (c) Recommendations.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit to Congress the results of the study conducted 
     under subsection (a).
                                 ______
                                 
  SA 3746. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 3109 and insert the following:

     SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall issue final regulations to require a covered air 
     carrier to promptly provide a refund to a passenger, upon 
     request, in the amount of any applicable ancillary fees paid 
     by the passenger if the air carrier has charged the passenger 
     an ancillary fee for checked baggage and, except as provided 
     in subsection (b), the air carrier fails to deliver the 
     checked baggage to the passenger within 24 hours of the time 
     of arrival of the passenger at the passenger's destination.
       (b) Exception.--An air carrier is not required to provide a 
     refund under subsection (a) with respect to checked baggage 
     if the air carrier is prevented from delivering checked 
     baggage by the time specified in subsection (a) by 
     extraordinary circumstances that could not have been avoided 
     by the air carrier even if all reasonable measures had been 
     taken.

       Strike section 3110 and insert the following:

     SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A 
                   COVERED AIR CARRIER.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall promulgate regulations that require each covered air 
     carrier to promptly provide a refund to a passenger, upon 
     request, of any ancillary fees paid by the passenger for a 
     service, as defined and disclosed by the air carrier, that, 
     except as provided in subsection (b), the passenger does not 
     receive, including on the passenger's scheduled flight or, if 
     the flight is rescheduled, a subsequent replacement 
     itinerary.
       (b) Exceptions.--
       (1) Voluntary changes in itinerary.--Subsection (a) shall 
     not apply if a passenger does not receive a service described 
     in that subsection because the passenger voluntarily chose to 
     make changes to the passenger's flight itinerary.
       (2) Extraordinary circumstanes.--An air carrier is not 
     required to provide a refund under subsection (a) with 
     respect to a fee for a service if the carrier is prevented 
     from provide the service by extraordinary circumstances that 
     could not have been avoided by the air carrier even if all 
     reasonable measures had been taken.

       Strike section 5023 and insert the following:

     SEC. 5023. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 
                   INTERNATIONAL AIR CARRIER ALLIANCES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of certain cooperative 
     agreements between United States air carriers and non-United 
     States air carriers (referred to in this section as 
     ``alliances'') that--
       (1) have been created pursuant to section 41309 of title 
     49, United States Code; and
       (2) have been exempted from antitrust laws (as defined in 
     the first section of the Clayton Act ( 15 U.S.C. 12)) 
     pursuant to section 41308 of title 49, United States Code.
       (b) Scope.--In conducting the study under subsection (a), 
     the Comptroller General shall assess--
       (1) the public benefits to consumers of alliances and the 
     consequences of alliances, if any, to competition, pricing, 
     and new entry into markets served by alliances;
       (2) the representations made by air carriers to the 
     Secretary of Transportation for the necessity of an antitrust 
     exemption;
       (3) the Department of Transportation's expectations of 
     public benefits resulting from alliances, including whether 
     such expected benefits were actually achieved;
       (4) the Department of Transportation's role in the approval 
     and monitoring of alliances;
       (5) whether there has been sufficient transparency in the 
     approval of alliances, including opportunities for public 
     review and feedback;
       (6) the role of the Department of Justice in the oversight 
     of alliances;
       (7) whether there are alternatives to antitrust immunity 
     that could be conferred that would also produce public 
     benefits; and
       (8) the level of competition between alliances.
       (c) Recommendations.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit to Congress the results of the study conducted 
     under subsection (a).
       At the end of title V, add the following:

     SEC. 5037. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY 
                   FOR THE PUBLIC BENEFIT.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds the following:
       (A) Many volunteer pilots fly for the public benefit for 
     nonprofit organizations and provide valuable services to 
     communities and individuals in need.
       (B) In each calendar year volunteer pilots and the 
     nonprofit organizations those pilots fly for provide long-
     distance, no-cost transportation for tens of thousands of 
     people during times of special need. Flights provide patient 
     and medical transport, disaster relief, and humanitarian 
     assistance, and conduct other charitable missions that 
     benefit the public.
       (C) Such nonprofit organizations have supported the 
     homeland security of the United States by providing volunteer 
     pilot services during and following disasters and during 
     other times of national emergency.

[[Page S2047]]

       (D) Most other kinds of volunteers are protected from 
     liability by the Volunteer Protection Act of 1997 (42 U.S.C. 
     14501 et seq.), but volunteer pilots are not.
       (2) Purposes.--The purposes of this section are, by 
     amending the Volunteer Protection Act of 1997--
       (A) to extend the protection of that Act to volunteer 
     pilots;
       (B) to promote the activities of volunteer pilots and the 
     nonprofit organizations those pilots fly for in providing 
     flights for the public benefit; and
       (C) to sustain and enhance the availability of the services 
     that such pilots and nonprofit organizations provide, 
     including--
       (i) transportation at no cost to financially needy medical 
     patients for medical treatment, evaluation, and diagnosis;
       (ii) flights for humanitarian and charitable purposes; and
       (iii) other flights of compassion.
       (b) Liability Protection for Pilots That Fly for Public 
     Benefit.--Section 4 of the Volunteer Protection Act of 1997 
     (42 U.S.C. 14503) is amended--
       (1) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively; and
       (2) in subsection (a), by striking ``subsections (b) and 
     (d)'' and inserting ``subsections (b), (c), and (e)''; and
       (3) by inserting after subsection (a) the following:
       ``(b) Liability Protection for Pilots That Fly for Public 
     Benefit.--Except as provided in subsections (c) and (e), no 
     volunteer of a volunteer pilot nonprofit organization that 
     arranges flights for public benefit shall be liable for harm 
     caused by an act or omission of the volunteer on behalf of 
     the organization if, at the time of the act or omission, the 
     volunteer--
       ``(1) was operating an aircraft in furtherance of the 
     purpose of, and acting within the scope of the volunteer's 
     responsibilities on behalf of, the nonprofit organization;
       ``(2) was properly licensed and insured for the operation 
     of the aircraft;
       ``(3) was in compliance with all requirements of the 
     Federal Aviation Administration for recent flight experience; 
     and
       ``(4) did not cause the harm through willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the volunteer.''.
                                 ______
                                 
  SA 3747. Mr. INHOFE (for himself and Mr. Brown) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title II, add the following:

     SEC. 2321. AVIATION RULEMAKING COMMITTEE FOR PILOT REST AND 
                   DUTY REGULATIONS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall convene an aviation rulemaking 
     committee to review pilot rest and duty regulations under 
     part 135 of title 14, Code of Federal Regulations.
       (b) Composition.--The aviation rulemaking committee 
     convened under subsection (a) shall consist of members 
     appointed by the Administrator, including--
       (1) applicable representatives of industry;
       (2) a pilot labor organization exclusively representing a 
     minimum of 1,000 pilots who are covered by--
       (A) part 135 of title 14, Code of Federal Regulations; and
       (B) subpart K of part 91 of such title; and
       (3) aviation safety experts with specific knowledge of 
     flight crewmember education and training requirements 
     relating to part 135 of such title.
       (c) Matters To Be Address.--In reviewing the pilot rest and 
     duty regulations under part 135 of title 14, Code of Federal 
     Regulations, the aviation rulemaking committee shall consider 
     the following:
       (1) Recommendations of aviation rulemaking committees 
     convened before the date of the enactment of this Act.
       (2) Accommodations necessary for small businesses.
       (3) Scientific data derived from aviation-related fatigue 
     and sleep research.
       (4) Data gathered from aviation safety reporting programs.
       (5) The need to accommodate diversity of operations 
     conducted under part 135 of such title.
       (6) Such other matters as the Administrator considers 
     appropriate.
       (d) Report and Notice of Proposed Rulemaking.--The 
     Administrator shall--
       (1) not later than 24 months after the date of the 
     enactment of this Act, submit to the appropriate committees 
     of Congress a report based on the findings of the aviation 
     rulemaking committee convened under subsection (a); and
       (2) not later than 12 months after submitting the report 
     required under paragraph (1), issue a notice of proposed 
     rulemaking consistent with any consensus recommendations 
     reached by the aviation rulemaking committee.
                                 ______
                                 
  SA 3748. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 3109 and insert the following:

     SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall issue final regulations to require a covered air 
     carrier to promptly provide a refund to a passenger, upon 
     request, in the amount of any applicable ancillary fees paid 
     by the passenger if the air carrier has charged the passenger 
     an ancillary fee for checked baggage and, except as provided 
     in subsection (b), the air carrier fails to deliver the 
     checked baggage to the passenger within 24 hours of the time 
     of arrival of the passenger at the passenger's destination.
       (b) Exception.--An air carrier is not required to provide a 
     refund under subsection (a) with respect to checked baggage 
     if the air carrier is prevented from delivering checked 
     baggage by the time specified in subsection (a) by 
     extraordinary circumstances that could not have been avoided 
     by the air carrier even if all reasonable measures had been 
     taken.
                                 ______
                                 
  SA 3749. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle C of title II, add the following:

     SEC. 2320. INCREASED PENALTIES FOR UNFAIR AND DECEPTIVE 
                   AIRFARE ADVERTISING PRACTICES.

       Section 46301(a) is amended by adding at the end the 
     following:
       ``(7) Penalty for Violations of Unfair and Deceptive 
     Airfare Advertising Practices.--Notwithstanding paragraph 
     (1), the maximum civil penalty assessed on a person for an 
     unfair or deceptive practice in violation of section 41712 
     and described in section 399.84 of title 14, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling), shall be--
       ``(A) $55,000; or
       ``(B) if the person is an individual or small business 
     concern, $2,500.''.
                                 ______
                                 
  SA 3750. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of section 2502, add the following:
       (d) Prohibition on Certification of a Foreign Repair 
     Station in a Country That Has Repeatedly Provided Support for 
     Acts of International Terrorism.--The Administrator of the 
     Federal Aviation Administration may not certify any foreign 
     repair station under part 145 of title 14, Code of Federal 
     Regulations, in any country designated as a country that has 
     repeatedly provided support for acts of international 
     terrorism under section 6(j) of the Export Administration Act 
     of 1979 (50 U.S.C. 4605(j)), section 40 of the Arms Export 
     Control Act (22 U.S.C. 2780), or section 620A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371).
                                 ______
                                 
  SA 3751. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of section 2502, add the following:
       (d) Certification of Foreign Repair Stations Suspension.--
     The Administrator of the Federal Aviation Administration may 
     not certify any foreign repair station under part 145 of 
     title 14, Code of Federal Regulations, beginning on the date 
     that is--
       (1) 1 year after the date of the enactment of this Act, if 
     the final rule required by subsection (b)(2) has not been 
     issued; or
       (2) 180 days after such date of enactment, if the 
     requirements of subsection (c) have not been fully carried 
     out.
                                 ______
                                 
  SA 3752. Ms. AYOTTE (for herself and Ms. Heitkamp) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself

[[Page S2048]]

and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NORTHERN BORDER SECURITY REVIEW.

       (a) Short Title.--This section may be cited as the 
     ``Northern Border Security Review Act''.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (E) the Committee on Homeland Security of the House of 
     Representatives;
       (F) the Committee on Appropriations of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives; and
       (H) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.
       (c) Northern Border Threat Analysis.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the appropriate congressional committees a 
     Northern Border threat analysis that includes--
       (A) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (i) to enter the United States through the Northern Border; 
     or
       (ii) to exploit border vulnerabilities on the Northern 
     Border;
       (B) improvements needed at and between ports of entry along 
     the Northern Border--
       (i) to prevent terrorists and instruments of terrorism from 
     entering the United States; and
       (ii) to reduce criminal activity, as measured by the total 
     flow of illegal goods, illicit drugs, and smuggled and 
     trafficked persons moved in either direction across to the 
     Northern Border;
       (C) gaps in law, policy, cooperation between State, tribal, 
     and local law enforcement, international agreements, or 
     tribal agreements that hinder effective and efficient border 
     security, counter-terrorism, anti-human smuggling and 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border; and
       (D) whether additional U.S. Customs and Border Protection 
     preclearance and preinspection operations at ports of entry 
     along the Northern Border could help prevent terrorists and 
     instruments of terror from entering the United States.
       (2) Analysis requirements.--For the threat analysis 
     required under paragraph (1), the Secretary of Homeland 
     Security shall consider and examine--
       (A) technology needs and challenges;
       (B) personnel needs and challenges;
       (C) the role of State, tribal, and local law enforcement in 
     general border security activities;
       (D) the need for cooperation among Federal, State, tribal, 
     local, and Canadian law enforcement entities relating to 
     border security;
       (E) the terrain, population density, and climate along the 
     Northern Border; and
       (F) the needs and challenges of Department facilities, 
     including the physical approaches to such facilities.
       (3) Classified threat analysis.--To the extent possible, 
     the Secretary of Homeland Security shall submit the threat 
     analysis required under paragraph (1) in unclassified form. 
     The Secretary may submit a portion of the threat analysis in 
     classified form if the Secretary determines that such form is 
     appropriate for that portion.
                                 ______
                                 
  SA 3753. Mr. HOEVEN (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STATE PRIORITIZATION OF DISPATCH OF AIR AMBULANCE 
                   SERVICE PROVIDERS.

       (a) Authority.--Notwithstanding any other provision of law 
     or regulation, including section 41713 of title 49, United 
     States Code, a State may enact or enforce a law, regulation, 
     or other provision having the force and effect of law that 
     creates a primary and secondary call list of air ambulance 
     service providers in the State for distribution to emergency 
     response entities and personnel to prioritize the dispatch of 
     air ambulance serve providers. Prioritization may be based 
     on--
       (1) participation in health insurance provider networks in 
     the State; or
       (2) participation in mediation for reimbursement of out-of-
     network emergency services.
       (b) Construction.--Except as specifically provided in 
     subsection (a), nothing in this section may be construed as 
     limiting the applicability or otherwise modifying any 
     aviation safety, aviation operations, or other requirement of 
     title 49, United States Code.
                                 ______
                                 
  SA 3754. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. ADDITIONAL BEYOND-PERIMETER SLOT EXEMPTIONS AT 
                   RONALD REAGAN WASHINGTON NATIONAL AIRPORT.

       (a) In General.--Notwithstanding sections 49104(a)(5), 
     49109, and 41714 of title 49, United States Code, not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Transportation shall, by order, grant to an air 
     carrier described in subsection (b) 2 exemptions from the 
     requirements of subparts K, S, and T of part 93 of title 14, 
     Code of Federal Regulations, to enable that air carrier to 
     provide air transportation on routes between Ronald Reagan 
     Washington National Airport and an airport described in 
     subsection (c).
       (b) Air Carrier Described.--An air carrier described in 
     this subsection is an air carrier that, as of January 1, 
     2016--
       (1) is not a limited incumbent air carrier at Ronald Reagan 
     Washington National Airport; and
       (2) utilitizes 4 exemptions from the requirements of 
     subparts K, S, and T of part 93 of title 14, Code of Federal 
     Regulations, to operate flights between Ronald Reagan 
     Washington National Airport and an airport described in 
     subsection (c).
       (c) Airports Described.--An airport described in this 
     subsection is a large hub airport that is between 1840 and 
     1855 great circle miles from Ronald Reagan Washington 
     National Airport.
       (d) Limitation on Aircraft Size.--An air carrier may not 
     operate a flight using an exemption granted under subsection 
     (a) using a multi-aisle or widebody aircraft.
       (e) Exemptions Not Transferrable.--In accordance with 
     section 41714(j) of title 49, United States Code, an 
     exemption granted under subsection (a) to an air carrier may 
     not be bought, sold, leased, or otherwise transferred by the 
     air carrier.
       (f) Definitions.--In this section:
       (1) Air transportation; large hub airport.--The terms ``air 
     transportation'' and ``large hub airport'' have the meanings 
     given those terms in section 40102 of title 49, United States 
     Code.
       (2) Limited incumbent air carrier.--The term ``limited 
     incumbent air carrier'' has the meaning given that term in 
     section 41714 of title 49, United States Code.
                                 ______
                                 
  SA 3755. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FLIGHT NOISE IMPACT AND POTENTIAL REMEDIATION STUDY.

       (a) Study.--
       (1) In general.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States, in consultation with State and local governments, air 
     carriers, general aviation, airports and air traffic 
     controllers, and where applicable local resident advisory 
     committees, shall initiate a study of the Federal Aviation 
     Administration (FAA) Next Generation Air Transportation 
     System's impact on the human environment in the vicinity of 
     large-hub airports and selected medium-hub airports located 
     in densely populated areas.
       (2) Contents.--The study under subsection (a) shall 
     include--
       (A) an analysis regarding the statistical relationship of 
     discrete noise-related complaints in communities located near 
     large-hub airports and selected medium-hub airports located 
     in densely populated areas to changes in noise exposure since 
     the implementation of the Next Generation Air Transportation 
     System and to absolute levels of noise exposure experienced 
     by those registering noise complaints;
       (B) an analysis of the decrease in noise experienced by 
     communities through the development of Performance Based 
     Navigation Procedures;
       (C) recommendations for processes to track and measure 
     those impacts or benefits, if appropriate;
       (D) a review and evaluation of the FAA's current policies 
     and abilities to respond and address noise concerns;
       (E) an evaluation of the human environment and health 
     impacts of changes in flight

[[Page S2049]]

     traffic in these communities including issues related to 
     aircraft noise and pollution, including potential trade-offs 
     between noise and carbon dioxide or emissions associated with 
     air quality;
       (F) an analysis of the processes used to determine how Next 
     Generation Air Transportation System flight paths could be 
     altered to mitigate the noise caused by these flights and for 
     assessing any carbon dioxide or air quality emissions trade-
     offs attendant to such altered flight paths;
       (G) recommendations on the best and most cost-effective 
     approaches to address increased noise complaints associated 
     with the Next Generation Air Transportation System; and
       (H) such other issues as the Comptroller considers 
     appropriate.
       (b) Report.--Upon completion of the study under subsection 
     (a), the Comptroller General shall submit to Congress a 
     report on the results of the study conducted under subsection 
     (a), including the Comptroller General's findings, 
     conclusions, and recommendations.
                                 ______
                                 
  SA 3756. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SENSE OF CONGRESS THAT CLIMATE CHANGE IS REAL.

       (a) Findings.--Congress finds the following:
       (1) There is scientific consensus based on sound scientific 
     evidence that climate change is occurring due to increases in 
     carbon dioxide and other greenhouse gases in the atmosphere 
     and that human activity has caused a significant increase in 
     the amount of these greenhouse gases.
       (2) Scientific measurement shows that the concentration of 
     carbon dioxide in the atmosphere ranged from 170 to 300 parts 
     per 1,000,000 for at least 800,000 years, which is 4 times as 
     long as the species Homo sapiens has existed, but, in 
     measurements taken at the Mauna Loa Observatory in each of 
     the 2 years preceding the date of enactment of this Act, 
     exceeded 400 parts per 1,000,000.
       (3) Transportation emissions accounted for approximately 28 
     percent of total carbon dioxide emissions in the United 
     States in 2012, with emissions from the aviation sector 
     representing about 12 percent of transportation emissions in 
     the United States.
       (4) Commercial-only aviation emissions in the United States 
     are projected to grow by almost 25 percent by 2030.
       (5) Climate change diminishes the efficiency of fixed-wing 
     and rotary-wing aircraft by increasing the likelihood of 
     takeoff weight restrictions due to warmer ground level air 
     reducing the lift force on the wings.
       (6) Climate change increases the likelihood of clear-air 
     turbulence, which already injures hundreds of passengers and 
     causes structural damage to aircraft.
       (7) The 2015 primer of the Federal Aviation Administration 
     entitled ``Aviation Emissions, Impacts & Mitigation'' 
     acknowledges that ``emissions associated with commercial 
     aviation . . . degrade not only air quality but also the 
     broader climate,'' and will hurt the health and welfare of 
     society.
       (8) The scientific consensus about climate change and the 
     findings from the Federal Aviation Administration support the 
     conclusions that--
       (A) climate change poses a challenge to the growing 
     national aviation industry of the United States; and
       (B) aviation activities have a measurable effect on 
     climate.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) climate change is real and human activity is 
     significantly contributing to climate change;
       (2) the scientific consensus on climate change and the 
     findings of the national aviation community that climate 
     change poses real challenges to the growing aviation industry 
     of the United States are not products of a hoax or deception 
     perpetrated on the people of the United States; and
       (3) reducing greenhouse gas emissions and adapting to the 
     effects of climate change is in the national interest of the 
     United States.
                                 ______
                                 
  SA 3757. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AMOUNTS PAID FOR AIRCRAFT MANAGEMENT SERVICES.

       (a) In General.--Subsection (e) of section 4261 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(5) Amounts paid for aircraft management services.--
       ``(A) In general.--No tax shall be imposed by this section 
     or section 4271 on any amounts paid by an aircraft owner for 
     aircraft management services related to--
       ``(i) maintenance and support of the aircraft owner's 
     aircraft; or
       ``(ii) flights on the aircraft owner's aircraft.
       ``(B) Aircraft management services.--For purposes of 
     subparagraph (A), the term `aircraft management services' 
     includes assisting an aircraft owner with administrative and 
     support services, such as scheduling, flight planning, and 
     weather forecasting; obtaining insurance; maintenance, 
     storage and fueling of aircraft; hiring, training, and 
     provision of pilots and crew; establishing and complying with 
     safety standards; or such other services necessary to support 
     flights operated by an aircraft owner.
       ``(C) Lessee treated as aircraft owner.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `aircraft owner' includes a person who leases the aircraft 
     other than under a disqualified lease.
       ``(ii) Disqualified lease.--For purposes of clause (i), the 
     term `disqualified lease' means a lease from a person 
     providing aircraft management services with respect to such 
     aircraft (or a related person (within the meaning of section 
     465(b)(3)(C)) to the person providing such services), if such 
     lease is for a term of 31 days or less.
       ``(D) Pro rata allocation.--If any amount paid to a person 
     represents in part an amount paid for services not described 
     in subparagraph (A), the tax imposed by subsection (a), if 
     applicable to such amount, shall be applied to such payment 
     on a pro rata basis.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3758. Mr. TESTER (for himself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 43, line 9, strike ``Section 47109(a)(5)'' and 
     insert the following:
       (a) Grandfather Rule.--Section 47109(c)(2) is amended by 
     inserting ``or nonprimary commercial service airport that 
     is'' after ``primary non-hub airport''.
       (b) Multi-phased Construction Project.--Section 47109(a)(5)
                                 ______
                                 
  SA 3759. Mr. BLUMENTHAL (for himself, Mr. Leahy, Mr. Markey, and Ms. 
Baldwin) submitted an amendment intended to be proposed to amendment SA 
3679 proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. 
Nelson)) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title III, add the following:

     SEC. 3124. PRIVATE RIGHT OF ACTION FOR DISCRIMINATION CLAIMS 
                   AGAINST AIR CARRIERS.

       Section 41705 is amended--
       ``(d) Civil Action.--
       ``(1) In general.--Any person aggrieved by a violation by 
     an air carrier of this section or a regulation prescribed 
     under this section may, not later than 2 years after the date 
     of the violation, bring a civil action in the district court 
     of the United States in the district in which the person 
     resides, in the district in which the principal place of 
     business of the air carrier is located, or in the district in 
     which the violation occurred.
       ``(2) Relief.--In a civil action brought under paragraph 
     (1) in which the plaintiff prevails--
       ``(A) the plaintiff may obtain equitable and legal relief, 
     including compensatory and punitive damages; and
       ``(B) the court shall award reasonable attorney's fees, 
     reasonable expert fees, and the costs of the action to the 
     plaintiff.
       ``(3) No requirement for exhaustion of remedies.--Any 
     person aggrieved by a violation by an air carrier of this 
     section or a regulation prescribed under this section is not 
     required to exhaust administrative complaint procedures 
     before filing a civil action under paragraph (1).
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to invalidate or limit other Federal or 
     State laws affording to people with disabilities greater 
     legal rights or protections than those granted in this 
     section.''.
                                 ______
                                 
  SA 3760. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:


[[Page S2050]]


  

       At the end of subtitle A of title III, add the following:

     SEC. 3124. MODIFICATION OF DEFINITION OF DISABILITY FOR 
                   DISCRIMINATION CLAIMS AGAINST AIR CARRIERS.

       Section 41705(a) is amended to read as follows:
       ``(a) In General.--In providing air transportation, an air 
     carrier, including (subject to section 40105(b)) any foreign 
     air carrier, may not discriminate against an individual on 
     the basis of disability, as defined in section 3 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12102).''.
                                 ______
                                 
  SA 3761. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5037. REGULATIONS RELATING TO E-CIGARETTES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Pipeline 
     and Hazardous Materials Safety Administration shall, in 
     coordination and consultation with the Administrator of the 
     Federal Aviation Administration--
       (1) finalize the interim final rule of the Pipeline and 
     Hazardous Materials Safety Administration issued October 30, 
     2015, pertaining to e-cigarettes; and
       (2) expand that rule to prohibit the carrying of battery-
     powered portable electronic smoking devices in checked 
     baggage and in carry-on baggage.
       (b) Definition.--In this section, the term ``battery-
     powered portable electronic smoking devices'' means e-
     cigarettes, e-cigs, e-cigars, e-pipes, e-hookahs, personal 
     vaporizers, and electronic nicotine delivery systems.
                                 ______
                                 
  SA 3762. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle A of title III, add the following:

     SEC. 3124. IMPROVING AIRLINE COMPETITIVENESS.

       (a) Findings.--Congress makes the following findings:
       (1) The people of the United States and the United States 
     economy depend on a strong and competitive passenger air 
     transportation industry to move people and goods in the 
     fastest, most efficient manner.
       (2) In a global economy, air carriers connect the people of 
     the United States with the rest of the world. A strong air 
     transportation industry is essential to the ability of the 
     United States to compete in the international marketplace.
       (3) A strong air transportation industry depends on 
     competition between a number of air carriers servicing a 
     variety of routes for domestic and international travelers, 
     at both the national and local levels.
       (4) Important stakeholders contribute to, and are dependent 
     on, a robust air transportation industry, including--
       (A) business and leisure travelers;
       (B) the tourism sector;
       (C) shippers;
       (D) State and local governments and port authorities;
       (E) aircraft manufacturers; and
       (F) domestic and foreign air carriers.
       (5) As a result of the consolidation of United States air 
     carriers, there has been a precipitous decline in the number 
     of major passenger air carriers in the United States.
       (6) In the past few years, the air transportation industry 
     has become increasingly concentrated. In 2015, the top 4 
     major air carriers accounted for 80 percent of passenger air 
     traffic in the United States.
       (7) The continued success of a deregulated air carrier 
     system requires actual competition to encourage all 
     participants in the industry to provide high quality service 
     at competitive fares.
       (8) Further consolidation among air carriers threatens to 
     leave the industry without sufficient competition to ensure 
     that the people of the United States share in the benefits of 
     a well-functioning air transportation industry.
       (b) Establishment of National Commission to Ensure All 
     Americans Have Access to and Benefit From a Strong and 
     Competitive Air Transportation Industry.--There is 
     established a Commission, which shall be known as the 
     ``National Commission to Ensure All Americans Have Access to 
     and Benefit from a Strong and Competitive Air Transportation 
     Industry'' (referred to in this section as the 
     ``Commission'').
       (c) Functions.--
       (1) Study.--The Commission shall conduct a study of the 
     passenger air transportation industry, with priority given to 
     issues specified in subsection (d).
       (2) Policy recommendations.--Based on the results of the 
     study conducted under paragraph (1), the Commission shall 
     recommend to the President and to Congress the adoption of 
     policies that will--
       (A) achieve the national goal of a strong and competitive 
     air carrier system and facilitate the ability of the United 
     States to compete in the global economy;
       (B) provide robust levels of competition and air 
     transportation at reasonable fares in cities of all sizes;
       (C) provide a stable work environment for employees of air 
     carriers;
       (D) account for the interests of different stakeholders 
     that contribute to, and are dependent on, the air 
     transportation industry; and
       (E) provide appropriate levels of protection for consumers, 
     including access to information to enable consumer choice.
       (d) Specific Issues To Be Addressed.--In conducting the 
     study under subsection (c)(1), the Commission shall 
     investigate--
       (1) the current state of competition in the air 
     transportation industry, how the structure of that 
     competition is likely to change during the 5-year period 
     beginning on the date of the enactment of this Act, whether 
     that expected level of competition will be sufficient to 
     secure the consumer benefits of air carrier deregulation, and 
     the effects of--
       (A) air carrier consolidation and practices on consumers, 
     including the competitiveness of fares and services and the 
     ability of consumers to engage in comparison shopping for air 
     carrier fees;
       (B) airfare pricing policies, including whether reduced 
     competition artificially inflates ticket prices;
       (C) the level of competition as of the date of the 
     enactment of this Act on the travel distribution sector, 
     including online and traditional travel agencies and 
     intermediaries;
       (D) economic and other effects on domestic air 
     transportation markets in which 1 or 2 air carriers control 
     the majority of available seat miles;
       (E) the tactics used by incumbent air carriers to compete 
     against smaller, regional carriers, or inhibit new or 
     potential new entrant air carriers into a particular market; 
     and
       (F) the ability of new entrant air carriers to provide new 
     service to underserved markets;
       (2) the legislative and administrative actions that the 
     Federal Government should take to enhance air carrier 
     competition, including changes that are needed in the legal 
     and administrative policies that govern--
       (A) the initial award and the transfer of international 
     routes;
       (B) the allocation of gates and landing rights, 
     particularly at airports dominated by 1 air carrier or a 
     limited number of air carriers;
       (C) frequent flier programs;
       (D) the rights of foreign investors to invest in the 
     domestic air transportation marketplace;
       (E) the access of foreign air carriers to the domestic air 
     transportation marketplace;
       (F) the taxes and user fees imposed on air carriers;
       (G) the responsibilities imposed on air carriers;
       (H) the bankruptcy laws of the United States and related 
     rules administered by the Department of Transportation as 
     such laws and rules apply to air carriers;
       (I) the obligations of failing air carriers to meet pension 
     obligations;
       (J) antitrust immunity for international air carrier 
     alliances and the process for approving such alliances and 
     awarding that immunity;
       (K) competition of air carrier codeshare partnerships and 
     joint ventures; and
       (L) constraints on new entry into the domestic air 
     transportation marketplace;
       (3) whether the policies and strategies of the United 
     States in international air transportation are promoting the 
     ability of United States air carriers to achieve long-term 
     competitive success in international air transportation 
     markets, and to secure the benefits of robust competition, 
     including--
       (A) the general negotiating policy of the United States 
     with respect to international air transportation;
       (B) the desirability of multilateral rather than bilateral 
     negotiations with respect to international air 
     transportation;
       (C) whether foreign countries have developed the necessary 
     infrastructure of airports and airways to enable United 
     States air carriers to provide the service needed to meet the 
     demand for air transportation between the United States and 
     those countries;
       (D) the desirability of liberalization of United States 
     domestic air transportation markets; and
       (E) the impediments to access by foreign air carriers to 
     routes to and from the United States;
       (4) the effect that air carrier consolidation has had on 
     business and leisure travelers, and travel and tourism more 
     broadly; and
       (5) the effect that air carrier consolidation has had on--
       (A) employment and economic development opportunities of 
     localities, particularly small and mid-size localities; and
       (B) former hub airports, including the positive and 
     negative consequences of routing air traffic through hub 
     airports.
       (e) Membership.--
       (1) Appointment.--The Commission shall be composed of 21 
     members, of whom--
       (A) 7 shall be appointed by the President;
       (B) 4 shall be appointed by the Speaker of the House of 
     Representatives;

[[Page S2051]]

       (C) 3 shall be appointed by the minority leader of the 
     House of Representatives;
       (D) 4 shall be appointed by the majority leader of the 
     Senate; and
       (E) 3 shall be appointed by the minority leader of the 
     Senate.
       (2) Qualifications.--
       (A) In general.--Members appointed pursuant to paragraph 
     (1) shall be appointed from among United States citizens who 
     bring knowledge of, and informed insights into, aviation, 
     transportation, travel, and tourism policy.
       (B) Representation.--Members appointed pursuant to 
     paragraph (1) shall be appointed in a manner so that at least 
     1 member of the Commission represents the interests of each 
     of the following:
       (i) The Department of Transportation.
       (ii) The Department of Justice.
       (iii) Legacy, networked air carriers.
       (iv) Non-legacy air carriers.
       (v) Air carrier employees.
       (vi) Large aircraft manufacturers.
       (vii) Ticket agents not part of an Internet-based travel 
     company.
       (viii) Large airports.
       (ix) Small or mid-size airports with commercial service.
       (x) Shippers.
       (xi) Consumers.
       (xii) General aviation.
       (xiii) Local governments or port authorities that operate 
     commercial airports.
       (xiv) Internet-based travel companies.
       (xv) The travel and tourism industry.
       (xvi) Global distribution systems.
       (xvii) Corporate business travelers.
       (3) Terms.--Members shall be appointed for the life of the 
     Commission.
       (4) Chairman.--The Chairman of the Commission shall be 
     elected by the members of the Commission.
       (5) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (6) Travel expenses.--Members shall serve without pay, but 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (f) Staff.--The Commission may appoint and fix the pay of 
     such personnel as the Commission considers appropriate.
       (g) Staff of Federal Agencies.--Upon the request of the 
     Commission, the head of any Federal agency may detail, on a 
     reimbursable basis, any of the personnel of that agency to 
     the Commission to assist the Commission in carrying out its 
     duties under this section.
       (h) Administrative Support Services.--Upon the request of 
     the Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support services necessary for the Commission 
     to carry out its responsibilities under this section.
       (i) Obtaining Official Data.--The Commission may secure 
     directly from any Federal agency information (other than 
     information required by any provision of law to be kept 
     confidential by that agency) that is necessary for the 
     Commission to carry out its duties under this section. Upon 
     the request of the Commission, the head of such agency shall 
     furnish such nonconfidential information to the Commission.
       (j) Report.--Not later than 180 days after the date on 
     which initial appointments of members to the Commission are 
     made under subsection (e)(1), and after a public comment 
     period of not less than 30 days, the Commission shall submit 
     a report to the President and Congress that--
       (1) describes the activities of the Commission;
       (2) includes recommendations made by the Commission under 
     subsection (c)(2); and
       (3) contains a summary of the comments received during the 
     public comment period.
       (k) Termination.--The Commission shall terminate on the 
     date that is 180 days after the date of the submission of the 
     report under subsection (j). Upon the submission of such 
     report, the Commission shall deliver all records and papers 
     of the Commission to the Administrator of General Services 
     for deposit in the National Archives.
                                 ______
                                 
  SA 3763. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 206, between lines 8 and 9, insert the following:
       (c) Joint Task Force.--
       (1) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, the Administrator, in 
     coordination with the Attorney General, the Secretary of 
     Homeland Security, the head of the Federal agency authorized 
     to regulate the use of laser pointers, and any other 
     appropriate Federal stakeholders, shall establish a joint 
     task force (referred to in this section as the ``Laser 
     Pointer Safety Task Force'') to address dangers from laser 
     pointers by establishing a coordinated response to mitigate 
     the threat of laser pointers aimed at aircraft.
       (2) Representation.--The Administrator shall appoint a 
     representative of the Federal Aviation Administration to lead 
     the Laser Pointer Safety Task Force, which shall also 
     includes representatives of the Department of Justice, the 
     Department of Homeland Security, the Federal agency 
     authorized to regulate the use of laser pointers, and any 
     other appropriate Federal stakeholder.
       (3) Public education campaign.--The Laser Pointer Safety 
     Task Force shall develop a public education campaign to 
     inform the public of the dangers of pointing a laser at 
     aircraft.
       (4) Incident detection and reporting.--The Laser Pointer 
     Safety Task Force shall develop methods for--
       (A) encouraging the reporting of incidents of laser 
     pointers aimed at an aircraft; and
       (B) assess what technology could be used to enhance the 
     detection of such incidents and to protect pilots from such 
     incidents.
       (5) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Laser Pointer Safety Task Force 
     shall submit a report to Congress that describes its efforts 
     under this subsection and includes recommendations for 
     further measures needed to prevent or respond to the use of 
     laser pointers against aircraft.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for the 
     Laser Pointer Safety Task Force to carry out the objectives 
     set forth in this subsection.
                                 ______
                                 
  SA 3764. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 197, beginning on line 14, strike ``first- or 
     second-class airman'' and insert ``first-, second-, or third-
     class airman''.
                                 ______
                                 
  SA 3765. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike subtitle F of title II and insert the following:

     Subtitle F--Exemption From Medical Certification Requirements

     SEC. 2601. REPORTING BY PILOTS EXEMPT FROM MEDICAL 
                   CERTIFICATION REQUIREMENTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Transportation shall require any 
     pilot who is exempt from medical certification requirements 
     to submit, not less frequently than once every 180 days, a 
     report to the Department of Transportation that--
       (1) identifies the pilot's status as an active pilot; and
       (2) includes a summary of the pilot's recent flight hours.

     SEC. 2602. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ASSESSING 
                   EFFECT ON PUBLIC SAFETY OF EXEMPTION FOR SPORT 
                   PILOTS FROM REQUIREMENT FOR A MEDICAL 
                   CERTIFICATE.

       Not later than 2 years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that assesses the effect of section 
     61.23(c)(ii) of title 14, Code of Federal Regulations 
     (permitting a person to exercise the privileges of a sport 
     pilot certificate without holding a medical certificate), on 
     public safety since 2004.
                                 ______
                                 
  SA 3766. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 258, after line 25, add the following:
       (m) Rulemaking Establishing Minimum Liability Insurance 
     Levels for Pilots.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking to 
     establish minimum levels of liability insurance for any pilot 
     covered under this section.
                                 ______
                                 
  SA 3767. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which

[[Page S2052]]

was ordered to lie on the table; as follows:

       On page 59, line 12, strike ``A violation'' and insert the 
     following:
       (a) Private Right of Action Against Unfair and Deceptive 
     Practices.--Section 41712 is amended by adding at the end the 
     following:
       ``(d) Private Right of Action.--
       ``(1) In general.--Any person aggrieved by an action 
     prohibited under this section may file a civil action for 
     damages and injunctive relief in any Federal district court 
     or State court located in the State in which--
       ``(A) the unlawful action is alleged to have been 
     committed; or
       ``(B) the aggrieved person resides.
       ``(2) Enforcement by a state.--The attorney general of any 
     State, as parens patriae, may bring a civil action to enforce 
     the provisions of this section in--
       ``(A) any district court of the United States in that 
     State; or
       ``(B) any State court that is located in that State and has 
     jurisdiction over the defendant.''.
       (b) Violation of a Privacy Policy.--A violation
                                 ______
                                 
  SA 3768. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 279, line 7, strike ``Not later than'' and insert 
     the following:
       (a) No Preemption of Consumer Protection Claims.--Section 
     41713(b)(4) is amended by adding at the end the following:
       ``(D) No preemption of consumer protection claims.--Nothing 
     in subparagraphs (A) through (C) may be construed--
       ``(i) to preempt, displace, or supplant any action for 
     civil damages or injunctive relief based on a State consumer 
     protection statute; or
       ``(ii) to restrict the authority of any government entity, 
     including a State attorney general, from bringing a legal 
     claim on behalf of the citizens of such State.''.
       (b) Supplemental Notice of Proposed Rulemaking.--Not later 
     than
                                 ______
                                 
  SA 3769. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 222, between lines 2 and 3, insert the following:

     SEC. 2321. CABIN AIR QUALITY TECHNOLOGY.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate research and 
     development work on effective air cleaning and sensor 
     technology for the engine and auxiliary power unit for bleed 
     air supplied to the passenger cabin and flight deck of a 
     pressurized aircraft.
       (b) Technology Requirements.--The technology developed 
     under subsection (a) shall be capable of--
       (1) removing oil-based contaminants from the bleed air 
     supplied to the passenger cabin and flight deck; and
       (2) detecting and recording oil-based contaminants in the 
     bleed air fraction of the total air supplied to the passenger 
     cabin and flight deck.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall submit a 
     report to Congress that describes the results of the research 
     and development work carried out under subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3770. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5032. DIVERSIONS TO BRADLEY INTERNATIONAL AIRPORT.

       The Administrator of the Federal Aviation Administration 
     shall coordinate with the operator of Bradley International 
     Airport, Windsor Locks, Connecticut, to develop and implement 
     a plan for irregular operations that result in aircraft being 
     diverted to the airport to ensure that the airport is not 
     adversely affected.
                                 ______
                                 
  SA 3771. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle A of title III, add the following:

     SEC. 3124. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON BAGGAGE 
                   FEES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report assessing--
       (1) the extent to which baggage fees imposed by air 
     carriers have led to--
       (A) increased security costs at airports, as reflected by 
     the need for more security screening officials and security 
     screening equipment; and
       (B) economic disruption, such as requiring passengers to 
     spend increased time waiting in line instead of pursuing more 
     worthwhile, productive pursuits; and
       (2) whether any increased costs have been borne 
     disproportionately by taxpayers instead of air carriers.
                                 ______
                                 
  SA 3772. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 112, strike line 18 and all that follows 
     through page 113, line 5, and insert the following
       ``(a) Prohibition.--Beginning on the date that is 90 days 
     after the date of publication of the guidance under 
     subsection (b)(1), it shall be unlawful for any person to 
     introduce or deliver for introduction into interstate 
     commerce any unmanned aircraft manufactured unless a safety 
     statement is attached to the unmanned aircraft or 
     accompanying the unmanned aircraft in its packaging.
       ``(b) Safety Statement.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of the Federal Aviation Administration 
     Reauthorization Act of 2016, the Administrator of the Federal 
     Aviation Administration shall issue guidance for implementing 
     this section.
                                 ______
                                 
  SA 3773. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subsection (a) of section 3114 add the 
     following:
       (5) by adding after subsection (d), as redesignated, the 
     following:
       ``(e) Reporting Requirement.--Upon receipt of any 
     complaint, an air carrier shall send the content of the 
     complaint to the Aviation Consumer Protection Division of the 
     Department of Transportation.''.
                                 ______
                                 
  SA 3774. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 286, strike lines 5 through 19, and insert the 
     following:
       (1) each covered air carrier to disclose to a consumer any 
     ancillary fees, including the baggage fee, cancellation fee, 
     change fee, ticketing fee, and seat selection fee of that 
     covered air carrier in a standardized format; and
       (2) notwithstanding the manner in which information 
     regarding the fees described in paragraph (1) is collected, 
     each ticket agent to disclose to a consumer such fees of a 
     covered air carrier in the standardized format described in 
     paragraph (1).
       (b) Requirements.--The regulations under subsection (a) 
     shall require that each disclosure--
       (1) if ticketing is done on an Internet Web site or other 
     online service--
       (A) be prominently displayed to the consumer through a link 
     on the homepage of the covered air carrier or ticket agent 
     and prior to the point of purchase; and
                                 ______
                                 
  SA 3775. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal

[[Page S2053]]

Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle A of title III, add the following:

     SEC. 3124. UNFAIR OR DECEPTIVE PRACTICES RELATING TO TRAVEL 
                   INSURANCE.

       Section 2 of the Act of the Act of March 9, 1945 (59 Stat. 
     33, chapter 20; 15 U.S.C. 1012) is amended by adding at the 
     end the following:
       ``(c) Notwithstanding subsections (a) and (b), the 
     Secretary of Transportation may investigate, and take action 
     under section 41712(a) of title 49, United States Code, with 
     respect to, unfair or deceptive practices and unfair methods 
     of competition with respect to insurance relating to travel 
     in air transportation.''.
                                 ______
                                 
  SA 3776. Mr. BLUMENTHAL (for himself and Mr. Markey) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 3124. REGULATIONS RELATING TO DISCLOSURE OF FLIGHT DATA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall prescribe regulations prohibiting an air carrier from 
     limiting the access of consumers to information relating to 
     schedules, fares, and fees for flights in passenger air 
     transportation.
       (b) Air Carrier Defined.--In this section, the term ``air 
     carrier'' means an air carrier or foreign air carrier, as 
     those terms are defined in section 40102 of title 49, United 
     States Code.
                                 ______
                                 
  SA 3777. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 201, between lines 20 and 21, insert the following:
       ``(3) the existence and utility of the National Human 
     Trafficking Resource Center.
                                 ______
                                 
  SA 3778. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune 
(for himself and Mr. Nelson)) to the bill H.R. 636, to amend the 
Internal Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       After section 2307, insert the following:

     SEC. 2307A. TRAINING ON HUMAN TRAFFICKING FOR ADDITIONAL AIR 
                   CARRIER PERSONNEL.

       (a) In General.--Each air carrier shall provide ticket 
     counter agents, gate agents, and other personnel of such air 
     carrier whose duties include regular interaction with 
     passengers training on recognizing and responding to victims 
     and potential victims of human trafficking. Such training 
     shall be in addition to any other training provided by an air 
     carrier to such personnel.
       (b) Definition.--In this section, the term ``air carrier'' 
     means a person, including a commercial enterprise, that has 
     been issued an air carrier operating certificate under 
     section 44705 of title 49, United States Code.
                                 ______
                                 
  SA 3779. Mr. CORNYN (for himself, Mr. Flake, Mr. Heller, and Mr. 
McCain) submitted an amendment intended to be proposed to amendment SA 
3679 proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. 
Nelson)) to the bill H.R. 636, to amend the Internal Revenue Code of 
1986 to permanently extend increased expensing limitations, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

          TITLE __--CROSS-BORDER TRADE ENHANCEMENT ACT OF 2016

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Cross-Border Trade 
     Enhancement Act of 2016''.

     SEC. _02. REPEAL AND TRANSITION PROVISION.

       (a) Repeal.--Subject to subsections (b) and (c), section 
     560 of the Department of Homeland Security Appropriations 
     Act, 2013 (division D of Public Law 113-6; 127 Stat. 378) and 
     section 559 of the Department of Homeland Security 
     Appropriations Act, 2014 (division F of Public Law 113-76; 6 
     U.S.C. 211 note) are repealed.
       (b) Agreements in Effect.--Notwithstanding subsection (a), 
     nothing in this Act may be construed as affecting in any 
     manner an agreement entered into pursuant to section 560 of 
     the Department of Homeland Security Appropriations Act, 2013 
     (division D of Public Law 113-6; 127 Stat. 378) or section 
     559 of the Department of Homeland Security Appropriations 
     Act, 2014 (division F of Public Law 113-76; 6 U.S.C. 211 
     note) that is in effect on the day before the date of the 
     enactment of this Act, and any such agreement shall continue 
     to have full force and effect on and after such date.
       (c) Proposed Agreements.--Notwithstanding subsection (a), 
     nothing in this Act may be construed as affecting in any 
     manner a proposal accepted for consideration by U.S. Customs 
     and Border Protection pursuant to section 559 of the 
     Department of Homeland Security Appropriations Act, 2014 
     (division F of Public Law 113-76; 6 U.S.C. 211 note) that was 
     accepted prior to the date of the enactment of this Act.

     SEC. _03. DEFINITIONS.

       In this title:
       (1) Administration.--The term ``Administration'' mean the 
     General Services Administration.
       (2) Administrator.--The term ``Administrator'' mean the 
     Administrator of the Administration.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of U.S. Customs and Border Protection.
       (4) Donation agreement.--The term ``donation agreement'' 
     means an agreement made under section _05(a).
       (5) Fee agreement.--The term ``fee agreement'' means an 
     agreement made by the Commissioner under section _04(a)(1).
       (6) Person.--The term ``person'' means--
       (A) an individual;
       (B) a corporation, partnership, trust, estate, association, 
     or any other private or public entity;
       (C) a Federal, State, or local government;
       (D) any subdivision, agency, or instrumentality of a 
     Federal, State, or local government; or
       (E) any other governmental entity.
       (7) Relevant committees of congress.--The term ``relevant 
     committees of Congress'' means--
       (A) the Committee on Appropriations, the Committee on 
     Environment and Public Works, the Committee on Finance, the 
     Committee on Homeland Security and Governmental Affairs, and 
     the Committee on the Judiciary of the Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Homeland Security, the Committee on the Judiciary, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. _04. AUTHORITY TO ENTER INTO FEE AGREEMENTS FOR THE 
                   PROVISION OF CERTAIN SERVICES OF U.S. CUSTOMS 
                   AND BORDER PROTECTION.

       (a) Fee Agreements.--
       (1) Authority for fee agreements.--Notwithstanding section 
     13031(e) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff 
     Act of 1930 (19 U.S.C. 1451), the Commissioner may, upon the 
     request of any person, enter into an agreement with that 
     person under which--
       (A) U.S. Customs and Border Protection will provide the 
     services described in paragraph (4) at a port of entry or any 
     other facility where U.S. Customs and Border Protection 
     provides or will provide services;
       (B) such person will remit a fee imposed under subsection 
     (b) to U.S. Customs and Border Protection in an amount equal 
     to the full costs incurred or that will be incurred in 
     providing such services; and
       (C) any additional facilities at which U.S. Customs and 
     Border Protection services are performed or deemed necessary 
     for the provision of services under an agreement entered into 
     under this section shall be provided, maintained, and 
     equipped by such person, without additional cost to the 
     Federal Government, in accordance with U.S. Customs and 
     Border Protection specifications.
       (2) Criteria.--The Commissioner shall establish criteria 
     for entering into a partnership under paragraph (1) that 
     include the following:
       (A) Selection and evaluation of potential partners.
       (B) Identification and documentation of roles and 
     responsibilities between U.S. Customs and Border Protection, 
     General Services Administration, and private and government 
     partners.
       (C) Identification, allocation, and management of explicit 
     and implicit risks of partnering between U.S. Customs and 
     Border Protection, General Services Administration, and 
     private and government partners.
       (D) Decision-making and dispute resolution processes in 
     partnering arrangements.
       (E) Criteria and processes for U.S. Customs and Border 
     Protection to terminate agreements if private or government 
     partners are not meeting the terms of such a partnership, 
     including the security standards established by U.S. Customs 
     and Border Protection.
       (3) Publication.--The Commissioner shall make publicly 
     available the criteria established under paragraph (2), and 
     shall notify the relevant committees of Congress not less 
     than 15 days prior to the publication of the criteria and any 
     subsequent changes to such criteria.

[[Page S2054]]

       (4) Services described.--Services described in this 
     paragraph are any services related to, or in support of, 
     customs, agricultural processing, border security, or 
     inspection-related immigration matters provided by an 
     employee or contractor of U.S. Customs and Border Protection 
     at ports of entry or any other facility where U.S. Customs 
     and Border Protection provides or will provide services.
       (5) Modification of prior agreements.--The Commissioner, at 
     the request of a person who has previously entered into an 
     agreement with U.S. Customs and Border Protection for the 
     reimbursement of fees in effect on the date of enactment of 
     this Act, may modify such agreement to implement any 
     provisions of this title.
       (6) Limitation.--The Commissioner may not enter into a 
     reimbursable fee agreement under this subsection if such 
     agreement would unduly and permanently impact services funded 
     in this Act or any appropriations Act, or provided from any 
     account in the Treasury of the United States derived by the 
     collection of fees.
       (7) Numerical limitations.--Except as provided in 
     paragraphs (8) and (9), there shall be no limit to the number 
     of fee agreements that may be entered into by the 
     Commissioner.
       (8) Authority for numerical limitations.--
       (A) Resource availability.--If the Commissioner finds that 
     resource or allocation constraints would prevent U.S. Customs 
     and Border Protection from fulfilling, in whole or in part, 
     requests for services under the terms of existing or proposed 
     fee agreements, the Commissioner shall impose annual limits 
     on the number of new fee agreements.
       (B) Annual review.--If the Commissioner limits the number 
     of new fee agreements under this paragraph, the Commissioner 
     shall annually evaluate and reassess such limits and publish 
     the results of such evaluation and affirm any such limits 
     that shall remain in effect in a publicly available format.
       (9) Numerical limitations at air ports of entry.--
       (A) In general.--The Commissioner may not enter into more 
     than 10 fee agreements per year to provide U.S. Customs and 
     Border Protection services at air ports of entry.
       (B) Certain costs.--A fee agreement for U.S. Customs and 
     Border Protection services at an air port of entry may only 
     provide for the reimbursement of--
       (i) salaries and expenses of not more than 5 full-time 
     equivalent U.S. Customs and Border Protection officers;
       (ii) costs incurred by U.S. Customs and Border Protection 
     for the payment of overtime to employee;
       (iii) the salaries and expenses of employees of U.S. 
     Customs and Border Protection to support U.S. customs and 
     Border Protection officers in performing law enforcement 
     functions at air ports of entry, including primary and 
     secondary processing of passengers; and
       (iv) other costs incurred by U.S. Customs and Border 
     Protection relating to services described in paragraph (2), 
     such as temporary placement or permanent relocation of such 
     employees.
       (C) Preclearance.--The authority in the section may not be 
     used to enter into new preclearance agreements or initiate 
     the provision of U.S. Customs and Border Protection services 
     outside of the United States.
       (10) Port of entry size consideration.--If the number of 
     fee agreement proposals that meet the eligibility criteria 
     established in paragraph (2) exceed the number of fee 
     agreements that the Commissioner is permitted by law to enter 
     into, then the Commissioner shall--
       (A) ensure that each fee agreement proposal is given equal 
     consideration regardless of the size of the port of entry; 
     and
       (B) report to the relevant committees of Congress on the 
     number of fee agreement proposals that the Commissioner did 
     not enter into due to legal restrictions on the number of fee 
     agreements that the Commissioner is permitted to enter into.
       (11) Denied application.--If the Commissioner denies a 
     proposal for a fee agreement, the Commission shall provide 
     the person who submitted the proposal a detailed 
     justification for the denial.
       (12) Construction.--Nothing in this section may be 
     construed--
       (A) to require a person entering into a fee agreement to 
     cover costs that are otherwise the responsibility of the U.S. 
     Customs and Border Protection or any other agency of the 
     Federal Government and are not incurred, or expected to be 
     incurred, to cover services specifically covered by an 
     agreement entered into under authorities provided by this 
     title; or
       (B) to unduly and permanently reduce the responsibilities 
     or duties of U.S. Customs and Border Protection to provide 
     services at ports of entry that have been authorized or 
     mandated by law and are funded in any appropriation Act or 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees.
       (13) Judicial review.--Decisions of the Commissioner under 
     this subsection are in the discretion of the Commissioner and 
     not subject to judicial review.
       (b) Fee.--
       (1) In general.--A person who enters into a fee agreement 
     shall pay a fee pursuant to such agreement in an amount equal 
     to the full cost of U.S. Customs and Border Protection--
       (A) of the salaries and expenses of individuals employed or 
     contracted by U.S. Customs and Border Protection to provide 
     such services; and
       (B) of other costs incurred by U.S. Customs and Border 
     Protection related to providing such services, such as 
     temporary placement or permanent relocation of employees.
       (2) Advance payment.--The Commissioner, with approval from 
     a person requesting services of U.S. Customs and Border 
     Protection services pursuant to a fee agreement, may accept 
     the fee for services prior to providing such services.
       (3) Oversight of fees.--The Commissioner shall develop a 
     process to oversee the activities for which fees are charged 
     pursuant to a fee agreement that includes the following:
       (A) A determination and report on the full cost of 
     providing services, including direct and indirect costs, as 
     well as a process, through consultation with affected parties 
     and other interested stakeholders, for increasing such fees 
     as necessary.
       (B) The establishment of a periodic remittance schedule to 
     replenish appropriations, accounts or funds, as necessary.
       (C) The identification of costs paid by such fees.
       (4) Deposit of funds.--Amounts collected pursuant to a fee 
     agreement shall--
       (A) be deposited as an offsetting collection;
       (B) remain available until expended, without fiscal year 
     limitation; and
       (C) be credited to the applicable appropriation, account, 
     or fund for the amount paid out of that appropriation, 
     account, or fund for--
       (i) any expenses incurred or to be incurred by U.S. Customs 
     and Border Protection in providing such services; and
       (ii) any other costs incurred by U.S. Customs and Border 
     Protection relating to such services.
       (5) Termination by the commissioner.--
       (A) In general.--The Commissioner shall terminate the 
     services provided pursuant to a fee agreement with a person 
     that, after receiving notice from the Commissioner that a fee 
     imposed under the fee agreement is due, fails to pay such fee 
     in a timely manner.
       (B) Effect of termination.--At the time services are 
     terminated pursuant to subparagraph (A), all costs incurred 
     by U.S. Customs and Border Protection which have not been 
     paid, will become immediately due and payable.
       (C) Interest.--Interest on unpaid fees will accrue based on 
     the quarterly rate(s) established under sections 6621 and 
     6622 of the Internal Revenue Code of 1986.
       (D) Penalties.--Any person that fails to pay any fee 
     incurred under a fee agreement in a timely manner, after 
     notice and demand for payment, shall be liable for a penalty 
     or liquidated damage equal to 2 times the amount of such fee.
       (E) Amount collected.--Any amount collected pursuant to a 
     fee agreement shall be deposited into the account specified 
     under paragraph (4) and shall be available as described 
     therein.
       (F) Return of unused funds.--The Commissioner shall return 
     any unused funds collected under a fee agreement that is 
     terminated for any reason, or in the event that the terms of 
     such agreement change by mutual agreement to cause a 
     reduction of U.S. Customs and Border Protections services. No 
     interest shall be owed upon the return of any unused funds. 
     (i)
       (6) Termination by the sponsor.--Any person who has 
     previously entered into an agreement with U.S. Customs and 
     Border Protection for the reimbursement of fees in effect on 
     the date of enactment of this Act, or under the provisions of 
     this Act, may request that such agreement make provision for 
     termination at the request of such person upon advance 
     notice, the length and terms of which shall be negotiated 
     between such person and U.S. Customs and Border Protection.
       (c) Annual Report and Notice to Congress.--The Commissioner 
     shall--
       (1) submit to the relevant committees of Congress an annual 
     report that identifies each fee agreement made during the 
     previous year; and
       (2) not less than 15 days before entering into a fee 
     agreement, notify the members of Congress that represent the 
     State or district in which the affected port or facility is 
     located.
       (d) Modification of Existing Reports to Congress.--Section 
     907(b) of the Trade Facilitation and Trade Enforcement Act of 
     2015 (Public Law 114-125) is amended--
       (1) in paragraph (3), by striking ``or'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(5) the program for entering into reimbursable fee 
     agreements for the provision of U.S. Customs and Border 
     Protection services established by the Cross-Border Trade 
     Enhancement Act of 2016.''.
       (e) Effective Period.--The authority for the Commission to 
     enter into new fee agreements shall be in effect until 
     September 30, 2025. Any fee agreement entered into prior to 
     that date shall remain in effect under the terms of that fee 
     agreement.

     SEC. _05. AUTHORITY TO ENTER INTO AGREEMENTS TO ACCEPT 
                   DONATIONS FOR PORTS OF ENTRY.

       (a) Agreements Authorized.--
       (1) Commissioner.--The Commissioner, in collaboration with 
     the Administrator as provided under subsection (f), may enter 
     into an agreement with any person to accept a donation of 
     real or personal property, including

[[Page S2055]]

     monetary donations, or nonpersonal services, for activities 
     in subsection (b) at a new or existing land, sea, or air port 
     of entry, or any facility or other infrastructure at a 
     location where U.S. Customs and Border Protection performs or 
     will be performing inspection services within the United 
     States.
       (2) Administrator.--Where the Administrator owns or leases 
     a new or existing land port of entry, facility, or other 
     infrastructure at a location where U.S. Customs and Border 
     Protection performs or will be performing inspection 
     services, the Administrator, in collaboration with the 
     Commissioner, may enter into an agreement with any person to 
     accept a donation of real or personal property, including 
     monetary donations, or nonpersonal services, at that location 
     for activities set forth in subsection (b).
       (b) Use.--A donation made under a donation agreement may be 
     used for activities related to construction, alteration, 
     operation or maintenance, including expenses related to--
       (1) land acquisition, design, construction, repair, and 
     alteration;
       (2) furniture, fixtures, equipment, and technology, 
     including installation and the deployment thereof; and
       (3) operation and maintenance of the facility, 
     infrastructure, equipment, and technology.
       (c) Limitation on Monetary Donations.--Any monetary 
     donation accepted pursuant to a donation agreement may not be 
     used to pay the salaries of employees of U.S. Customs and 
     Border Protection who perform inspection services.
       (d) Transfer.--
       (1) Authority to transfer.--Donations accepted by the 
     Commissioner or the Administrator under a donation agreement 
     may be transferred between U.S. Customs and Border Protection 
     and the Administration.
       (2) Notification.--Prior to executing a transfer under this 
     subsection, the Commissioner or Administrator shall notify a 
     person that entered into the donation agreement of an intent 
     to transfer the donated property or services.
       (e) Term of Donation Agreement.--The term of a donation 
     agreement may be as long as is required to meet the terms of 
     the agreement.
       (f) Role of Administrator.--The Administrator's role, 
     involvement, and authority under this section is limited with 
     respect to donations made at new or existing land ports of 
     entry, facilities, or other infrastructure owned or leased by 
     the Administration.
       (g) Evaluation Procedures.--
       (1) Requirements for procedures.--Not later than 180 days 
     after the date of enactment, the Commissioner, in 
     consultation with the Administrator as appropriate, shall 
     issue procedures for evaluating proposals for donation 
     agreements.
       (2) Availability.--The procedures issued under paragraph 
     (1) shall be made available to the public.
       (3) Cost-sharing arrangements.--In issuing the procedures 
     under paragraph (1), the Commissioner, in consultation with 
     the Administration, shall evaluate the use of authorities 
     provided under this section to enter into cost-sharing or 
     reimbursement agreements with eligible persons and determine 
     whether such agreements may improve facility conditions or 
     inspection services at new or existing land, sea, or air 
     ports of entry.
       (h) Determination and Notification.--
       (1) In general.--Not later than 60 days after receiving a 
     proposal for a donation agreement, the Commissioner, and 
     Administrator if applicable, shall notify the person that 
     submitted the proposal as to whether it is complete or 
     incomplete.
       (2) Incomplete proposals.--If the Commissioner, and 
     Administrator if applicable, determines that a proposal is 
     incomplete, the person that submitted the proposal shall be 
     notified and provided with--
       (A) a detailed description of all specific information or 
     material that is needed to complete review of the proposal; 
     and
       (B) allow the person to resubmit the proposal with 
     additional information and material described under 
     subparagraph (A) to complete the proposal.
       (3) Complete applications.--Not later than 180 days after 
     receiving a completed and final proposal for a donation 
     agreement, the Commissioner, and Administrator if applicable, 
     shall--
       (A) make a determination whether to deny or approve the 
     proposal; and
       (B) notify the person that submitted the proposal of the 
     determination.
       (4) Considerations.--In making the determination under 
     paragraph (3)(A), the Commissioner, and Administrator if 
     applicable, shall consider--
       (A) the impact of the proposal on reducing wait times at 
     that port of entry or facility and other ports of entry on 
     the same border;
       (B) the potential of the proposal to increase trade and 
     travel efficiency through added capacity; and
       (C) the potential of the proposal to enhance the security 
     of the port of entry or facility.
       (i) Supplemental Funding.--Any property, including monetary 
     donations and nonpersonal services, donated pursuant to a 
     donation agreement may be used in addition to any other 
     funds, including appropriated funds, property, or services 
     made available for the same purpose.
       (j) Return of Donation.--If the Commissioner or the 
     Administrator does not use the property or services donated 
     pursuant to a donation agreement, such donated property or 
     services shall be returned to the person that made the 
     donation.
       (k) Interest Prohibited.--No interest may be owed on any 
     donation returned to a person under this subsection.
       (l) Prohibition on Certain Funding.--The Commissioner and 
     the Administrator may not, with respect to an agreement 
     authorized under this section, obligate or expend amounts in 
     excess of amounts that have been appropriated pursuant to any 
     appropriations Act for purposes specified in the agreement or 
     otherwise made available for any of such purposes.
       (m) Annual Report and Notice to Congress.--The 
     Commissioner, in collaboration with the Administrator if 
     applicable, shall--
       (1) submit to the relevant committees of Congress an annual 
     report that identifies each donation agreement made during 
     the previous year; and
       (2) not less than 15 days before entering into a donation 
     agreement, notify the members of Congress that represent the 
     State or district in which the affected port or facility is 
     located.
       (n) Rule of Construction.--Except as otherwise provided in 
     this section, nothing in this section may be construed as 
     affecting in any manner the responsibilities, duties, or 
     authorities of U.S. Customs and Border Protection or the 
     Administration.
       (o) Effective Period.--The authority for the Commission or 
     the Administrator to enter into new donation agreements shall 
     be in effect until September 30, 2025. Any donation agreement 
     entered into prior to that date shall remain in effect under 
     the terms of that donation agreement.
                                 ______
                                 
  SA 3780. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the, end of section 2154, add the following:
       (d) Savings Clause.--[Nothing in this section shall 
     prohibit the Administrator from authorizing the owner of a 
     fixed site facility to operate an aircraft, including a UAS, 
     over its own property/Nothing in this section may be 
     construed as prohibiting the Administrator from authorizing 
     an owner of a fixed site facility to operate an aircraft, 
     including an unmanned aircraft system, over, under, or within 
     a specified distance from that fixed site facility].
                                 ______
                                 
  SA 3781. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 2406. COMPLETION OF CERTAIN PROJECTS BY STATE 
                   DEPARTMENTS OF TRANSPORTATION.

       With respect to a proposed construction or alteration for 
     which notice to the Federal Aviation Administration is 
     required under section 77.9 of title 14, Code of Federal 
     Regulations, upon receiving such notice, the Administrator of 
     the Federal Aviation Administration shall allow a State 
     department of transportation to carry out such construction 
     or alteration, and shall not require an aeronautical study 
     under section 77.27 of such title, if such State department 
     of transportation--
       (1) has appropriate engineering expertise to perform the 
     construction or alteration; and
       (2) complies with applicable Federal Aviation 
     Administration standards for the construction or alteration.
                                 ______
                                 
  SA 3782. Ms. KLOBUCHAR (for herself and Mr. Franken) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. REPORT ON CONSPICUITY NEEDS FOR SURFACE VEHICLES 
                   OPERATING ON THE AIRSIDE OF AIR CARRIER SERVED 
                   AIRPORTS.

       (a) Study Required.--The Administrator of the Federal 
     Aviation Administration shall perform a study of the need for 
     the Federal Aviation Administration to prescribe conspicuity 
     standards for surface vehicles operating on the airside of 
     the categories of airports that air carriers serve as 
     specified in subsection (b).
       (b) Covered Airports.--The study required by subsection (a) 
     shall cover, at a minimum, one large hub airport, one medium 
     hub airport and one small hub airport, as those terms are 
     defined in section 40102 of title 49, United States Code.

[[Page S2056]]

       (c) Report to Congress.--Not later than July 1, 2017, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report setting forth the results of the study 
     required by subsection (a), including such recommendations as 
     the Administrator considers appropriate regarding the need 
     for the Administration to prescribe conspicuity standards as 
     described in subsection (a).
                                 ______
                                 
  SA 3783. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. MODIFICATION OF REQUIREMENT UNDER CERTAIN FEDERAL 
                   AVIATION ADMINISTRATION PROGRAMS TO BUY GOODS 
                   PRODUCED IN UNITED STATES.

       Subparagraph (A) of section 50101(d)(3) is amended to read 
     as follows:
       ``(A) the cost of components and subcomponents produced in 
     the United States--
       ``(i) for fiscal years 2017 and 2018, is more than 60 
     percent of the cost of all components of the facility or 
     equipment;
       ``(ii) for fiscal years 2019 and 2020, is more than 65 
     percent of the cost of all components of the facility or 
     equipment; and
       ``(iii) for fiscal year 2021 and each fiscal year 
     thereafter, is more than 70 percent of the cost of the 
     facility or equipment; and''.
                                 ______
                                 
  SA 3784. Mr. PERDUE submitted an amendment intended to be proposed to 
amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for himself 
and Mr. Nelson)) to the bill H.R. 636, to amend the Internal Revenue 
Code of 1986 to permanently extend increased expensing limitations, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike subtitle A of title I and insert the following:

                  Subtitle A--Funding of FAA Programs

     SEC. 1001. AIRPORT PLANNING AND DEVELOPMENT AND NOISE 
                   COMPATIBILITY PLANNING AND PROGRAMS.

       (a) Authorization.--Section 48103(a) is amended by striking 
     ``section 47505(a)(2), and carrying out noise compatibility 
     programs under section 47504(c) $3,350,000,000 for each of 
     fiscal years 2012 through 2015 and $2,652,083,333 for the 
     period beginning on October 1, 2015, and ending on July 15, 
     2016'' and inserting ``section 47505(a)(2), carrying out 
     noise compatibility programs under section 47504(c), for an 
     airport cooperative research program under section 44511, for 
     Airports Technology-Safety research, and Airports Technology-
     Efficiency research, $3,350,000,000 for fiscal year 2016 and 
     $3,750,000,000 for each of fiscal years 2017 and 2018''.
       (b) Obligational Authority.--Section 47104(c) is amended in 
     the matter preceding paragraph (1) by striking ``July 15, 
     2016'' and inserting ``September 30, 2018''.

     SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a) is amended by striking paragraphs (1) 
     through (5) and inserting the following:
       ``(1) $2,855,241,025 for fiscal year 2016.
       ``(2) $2,862,020,524 for fiscal year 2017.
       ``(3) $2,901,601,229 for fiscal year 2018.''.

     SEC. 1003. FAA OPERATIONS.

       (a) In General.--Section 106(k)(1) is amended by striking 
     subparagraphs (A) through (E) and inserting the following:
       ``(A) $9,910,009,314 for fiscal year 2016;
       ``(B) $10,025,361,111 for fiscal year 2017; and
       ``(C) $10,103,780,622 for fiscal year 2018.''.
       (b) Authorized Expenditures.--Section 106(k)(2) is amended 
     by striking ``for fiscal years 2012 through 2015'' each place 
     it appears and inserting ``for fiscal years 2016 through 
     2018''.
       (c) Authority to Transfer Funds.--Section 106(k)(3) is 
     amended by striking ``2012 through 2015 and for the period 
     beginning on October 1, 2015, and ending on July 15, 2016'' 
     and inserting ``2016 through 2018''.

     SEC. 1004. FAA RESEARCH AND DEVELOPMENT.

       Section 48102 is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``44511-44513'' and inserting ``44512-
     44513''; and
       (ii) by striking ``and, for each of fiscal years 2012 
     through 2015, under subsection (g)'';
       (B) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon; and
       (C) by striking paragraph (9) and inserting the following:
       ``(9) $166,000,000 for fiscal year 2016;
       ``(10) $169,000,000 for fiscal year 2017; and
       ``(11) $171,000,000 for fiscal year 2018.''; and
       (2) in subsection (b), by striking paragraph (3).

     SEC. 1005. FUNDING FOR AVIATION PROGRAMS.

       (a) Airport and Airway Trust Fund Guarantee.--Section 
     48114(a)(1)(A) is amended to read as follows:
       ``(A) In general.--The total budget resources made 
     available from the Airport and Airway Trust Fund each fiscal 
     year under sections 48101, 48102, 48103, and 106(k)--
       ``(i) shall in each of fiscal years 2016 through 2018, be 
     equal to the sum of--

       ``(I) 90 percent of the estimated level of receipts plus 
     interest credited to the Airport and Airway Trust Fund for 
     that fiscal year; and
       ``(II) the actual level of receipts plus interest credited 
     to the Airport and Airway Trust Fund for the second preceding 
     fiscal year minus the total amount made available for 
     obligation from the Airport and Airway Trust Fund for the 
     second preceding fiscal year; and

       ``(ii) may be used only for the aviation investment 
     programs listed in subsection (b)(1).''.
       (b) Enforcement of Guarantees.--Section 48114(c)(2) is 
     amended by striking ``2016'' and inserting ``2018''.

     SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Marshall Islands, Micronesia, and Palau.--Section 
     47115(j) is amended by striking ``2015 and for the period 
     beginning on October 1, 2015, and ending on July 15, 2016,'' 
     and inserting ``2018''.
       (b) Extension of Compatible Land Use Planning and Projects 
     by State and Local Governments.--Section 47141(f) is amended 
     by striking ``July 15, 2016'' and inserting ``September 30, 
     2018''.
       (c) Inspector General Report on Participation in FAA 
     Programs by Disadvantaged Small Business Concerns.--
       (1) In general.--For each of fiscal years 2016 through 
     2018, the Inspector General of the Department of 
     Transportation shall submit to Congress a report on the 
     number of new small business concerns owned and controlled by 
     socially and economically disadvantaged individuals, 
     including those owned by veterans, that participated in the 
     programs and activities funded using the amounts made 
     available under this Act.
       (2) New small business concerns.--For purposes of paragraph 
     (1), a new small business concern is a small business concern 
     that did not participate in the programs and activities 
     described in paragraph (1) in a previous fiscal year.
       (3) Contents.--The report shall include--
       (A) a list of the top 25 and bottom 25 large and medium hub 
     airports in terms of providing opportunities for small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals to participate in the 
     programs and activities funded using the amounts made 
     available under this Act;
       (B) the results of an assessment, to be conducted by the 
     Inspector General, on the reasons why the top airports have 
     been successful in providing such opportunities; and
       (C) recommendations to the Administrator of the Federal 
     Aviation Administration and Congress on methods for other 
     airports to achieve results similar to those of the top 
     airports.
       (d) Extension of Pilot Program for Redevelopment of Airport 
     Properties.--Section 822(k) of the FAA Modernization and 
     Reform Act of 2012 (49 U.S.C. 47141 note) is amended by 
     striking ``July 15, 2016'' and inserting ``September 30, 
     2018''.
                                 ______
                                 
  SA 3785. Mr. WARNER (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed to amendment SA 3679 proposed by Mr. 
McConnell (for Mr. Thune (for himself and Mr. Nelson)) to the bill H.R. 
636, to amend the Internal Revenue Code of 1986 to permanently extend 
increased expensing limitations, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 238, after line 23, add the following:

     SEC. 2507. USE OF FEDERAL FACILITIES FOR AVIATION TESTING.

       (a) Findings.--Congress makes the following findings:
       (1) Wallops Flight Facility is an important Federal 
     research and test site that supports the National Aeronautics 
     and Space Administration (referred to in this section as 
     ``NASA'' and other Federal and non-Federal entities through 
     the conduct of hazardous rocket and aviation-based missions, 
     including the launch and recovery of experimental space 
     vehicles and aircraft being developed for NASA, the 
     Department of Defense, and private industry.
       (2) The designation of restricted airspace provides the 
     Wallops Flight Facility with critical capability to safely 
     conduct the missions described in paragraph (1) by protecting 
     public and private aircraft from the hazards associated with 
     such missions.
       (3) Although Wallops Flight Facility has been working with 
     the Federal Aviation Administration to extend its restricted 
     airspace in order to meet the national needs of its programs 
     for more than 5 years, and has been in a formal application 
     process for more than 2 years, Federal Aviation 
     Administration officials have not yet approved such an 
     extension.
       (b) Sense of Congress.--It is the Sense of Congress that--
       (1) it is in the public interest to make full use of 
     Federal facilities, including facilities operated by NASA, to 
     support aviation testing and operations;
       (2) Federal regulations governing the use of restricted 
     airspace to support the activities described in paragraph (1) 
     should be continually reviewed to ensure that such 
     regulations support such activities; and

[[Page S2057]]

       (3) it is imperative that updates and changes sought by 
     Federal agencies to support hazardous rocket and aviation-
     based missions are evaluated and resolved by the Federal 
     Aviation Administration as expeditiously as possible.
       (c) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration, after considering the interagency 
     and public comments received over the course of the review 
     described in subsection (a)(3), shall issue a rule regarding 
     the requested extension of restricted airspace surrounding 
     Wallops Flight Facility.
                                 ______
                                 
  SA 3786. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 2154, add the following:
       (d) Savings Clause.--Nothing in this section may be 
     construed as prohibiting the Administrator from authorizing 
     an owner of a fixed site facility to operate an aircraft, 
     including an unmanned aircraft system, over, under, or within 
     a specified distance from that fixed site facility.
                                 ______
                                 
  SA 3787. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                   DIVISION A--ECONOMIC FREEDOM ZONES

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Economic Freedom Zones Act of 2016''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

          TITLE I--PROHIBITION OF FEDERAL GOVERNMENT BAILOUTS

Sec. 101. Prohibition of Federal Government bailouts.

         TITLE II--DESIGNATION OF ECONOMIC FREEDOM ZONES (EFZ)

Sec. 201. Eligibility requirements for Economic Freedom Zone Status.
Sec. 202. Application and duration of designation.

                   TITLE III--FEDERAL TAX INCENTIVES

Sec. 301. Tax incentives related to Economic Freedom Zones.

                TITLE IV--FEDERAL REGULATORY REDUCTIONS

Sec. 401. Suspension of certain laws and regulations.

                   TITLE V--EDUCATIONAL ENHANCEMENTS

Sec. 501. Educational opportunity tax credit.
Sec. 502. School choice through portability.
Sec. 503. Special Economic Freedom Zone visas.
Sec. 504. Economic Freedom Zone educational savings accounts.

             TITLE VI--COMMUNITY ASSISTANCE AND REBUILDING

Sec. 601. Nonapplication of Davis-Bacon.
Sec. 602. Economic Freedom Zone charitable tax credit.

         TITLE VII--STATE AND COMMUNITY POLICY RECOMMENDATIONS

Sec. 701. Sense of the Senate concerning policy recommendations.

     SEC. 2. DEFINITIONS.

       In this division:
       (1) City.--The term ``city'' means any unit of general 
     local government that is classified as a municipality by the 
     United States Census Bureau, or is a town or township as 
     determined jointly by the Director of the Office of 
     Management and Budget and the Secretary.
       (2) County.--The term ``county'' means any unit of local 
     general government that is classified as a county by the 
     United States Census Bureau.
       (3) Eligible entity.--The term ``eligible entity'' means a 
     municipality or a zip code.
       (4) Municipality.--The term ``municipality'' has the 
     meaning given that term in section 101(40) of title 11, 
     United States Code.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (6) Zip code.--The term ``zip code'' means any area or 
     region associated with or covered by a United States Postal 
     zip code of not less than 5 digits.

          TITLE I--PROHIBITION OF FEDERAL GOVERNMENT BAILOUTS

     SEC. 101. PROHIBITION OF FEDERAL GOVERNMENT BAILOUTS.

       (a) Definitions.--In this section--
       (1) the term ``credit rating'' has the meaning given that 
     term in section 3(a)(60) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78c(a)(60));
       (2) the term ``credit rating agency'' has the meaning given 
     that term in section 3(a)(61) of the Securities Exchange Act 
     of 1934 (15 U.S.C. 78c(a)(61));
       (3) the term ``Federal assistance'' means the use of any 
     advances from the Federal Reserve credit facility or discount 
     window that is not part of a program or facility with broad-
     based eligibility under section 13(3)(A) of the Federal 
     Reserve Act (12 U.S.C. 343(3)(A)), Federal Deposit Insurance 
     Corporation insurance, or guarantees for the purpose of--
       (A) making a loan to, or purchasing any interest or debt 
     obligation of, a municipality;
       (B) purchasing the assets of a municipality;
       (C) guaranteeing a loan or debt issuance of a municipality; 
     or
       (D) entering into an assistance arrangement, including a 
     grant program, with an eligible entity;
       (4) the term ``insolvent'' means, with respect to an 
     eligible entity, a financial condition such that the eligible 
     entity--
       (A) has any debt that has been given a credit rating lower 
     than a ``B'' by a nationally recognized statistical rating 
     organization or a credit rating agency;
       (B) is not paying its debts as they become due, unless such 
     debts are the subject of a bona fide dispute; or
       (C) is unable to pay its debts as they become due; and
       (5) the term ``nationally recognized statistical rating 
     organization'' has the meaning given that term in section 
     3(a)(62) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c(a)(62)).
       (b) Prohibition of Federal Government Bailouts.--
       (1) Prohibition of federal assistance.--Notwithstanding any 
     other provision of law, no Federal assistance may be provided 
     to an eligible entity (other than the assistance provided for 
     in this division for an area that is designated as an 
     Economic Free Zone).
       (2) Prohibition of financial assistance to bankrupt or 
     insolvent eligible entities.--Except as provided in paragraph 
     (1), the Federal Government may not provide financial 
     assistance--
       (A) to a municipality that is a debtor under chapter 9 of 
     title 11, United States Code; or
       (B) to a municipality that is insolvent.

         TITLE II--DESIGNATION OF ECONOMIC FREEDOM ZONES (EFZ)

     SEC. 201. ELIGIBILITY REQUIREMENTS FOR ECONOMIC FREEDOM ZONE 
                   STATUS.

       (a) Designation of Municipalities as Economic Freedom 
     Zones.--
       (1) In general.--An eligible entity that is a municipality 
     may be designated by the Secretary as an Economic Freedom 
     Zone if the municipality--
       (A) meets the requirements under section 109(c) of title 
     11, United States Code;
       (B) is at risk of insolvency, as determined under paragraph 
     (2);
       (C) has been subject to receivership by the State within 
     the last 3 years;
       (D) has been a debtor under chapter 9 of title 11, United 
     States Code within the last 3 years; or
       (E) has been subject to a financial advisory board, 
     emergency manager, or similar entity that--
       (i) has arisen from the legislative or executive authority 
     of the State; and
       (ii) exercises significant financial control over the 
     finances of the entity within the last 3 years.
       (2) At risk of insolvency.--A municipality is at risk of 
     insolvency if--
       (A) an independent actuarial firm that has been engaged by 
     the municipality and that does not have a conflict of 
     interest with the municipality, including any previous 
     relationship with the municipality, as determined by the 
     Secretary--
       (i) determines that the municipality is insolvent (as 
     defined in section 101(a)(4) of title 11, United States 
     Code); and
       (ii) submits its analysis regarding the insolvency of the 
     municipality to the Secretary; and
       (B) the Secretary has reviewed and approved the 
     determination of insolvency by the actuarial firm.
       (b) Designation of Counties, Cities, and Zip Codes as 
     Economic Freedom Zones.--
       (1) In general.--An eligible entity may be designated by 
     the Secretary as an Economic Freedom Zone if the eligible 
     entity--
       (A) is a county or city that--
       (i) is located in a non-metropolitan statistical area (as 
     defined by the Director of the Office of Management and 
     Budget); and
       (ii) meets the requirements under paragraph (2); or
       (B) is a zip code that meets the requirements under 
     paragraph (2).
       (2) Low economic and high poverty area.--
       (A) In general.--An eligible entity shall be eligible for 
     designation as an Economic Freedom Zone under paragraph (1) 
     if the eligible entity is designated by the Secretary as a 
     low economic or high poverty area under subparagraph (B).
       (B) Designation as low economic and high poverty area.--The 
     Secretary, after reviewing supporting data as determined 
     appropriate, shall designate an eligible entity as a low 
     economic or high poverty area if--
       (i) the State or local government with jurisdiction over 
     the eligible entity certifies that--

       (I) the eligible entity is one of pervasive poverty, 
     unemployment, and general distress;
       (II) the average rate of unemployment within such eligible 
     entity during the most recent 3-month period for which data 
     is available is at least 1.5 times the national unemployment 
     rate for the period involved;

[[Page S2058]]

       (III) during the most recent 3-month period, at least 30 
     percent of the residents of the eligible entity have incomes 
     below the national poverty level; or
       (IV) at least 70 percent of the residents of the eligible 
     entity have incomes below 80 percent of the median income of 
     households within the jurisdiction of the local government 
     (as determined in the same manner as under section 119(b)(2) 
     of the Housing and Community Development Act of 1974); and

       (ii) the Secretary determines that such a designation is 
     appropriate.
       (c) Refusal To Grant Status.--The Secretary may refuse to 
     designate an eligible entity as an Economic Freedom Zone if 
     the Secretary determines that any requirement under this 
     division, including any requirement under subsection (a)(2), 
     has not been satisfied.

     SEC. 202. APPLICATION AND DURATION OF DESIGNATION.

       (a) Application.--The Secretary shall develop procedures to 
     enable an eligible entity to submit to the Secretary an 
     application for designation as an Economic Freedom Zone under 
     this title.
       (b) Duration.--The designation by the Secretary of an 
     eligible entity as a Economic Freedom Zone shall be for a 
     period of 10 years.

                   TITLE III--FEDERAL TAX INCENTIVES

     SEC. 301. TAX INCENTIVES RELATED TO ECONOMIC FREEDOM ZONES.

       (a) In General.--Chapter 1 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subchapter:

                 ``Subchapter Z--Economic Freedom Zones

                        ``PART I--Tax Incentives

                         ``PART II--Definitions

                        ``PART I--TAX INCENTIVES

``Sec. 1400V-1. Economic Freedom Zone individual flat tax.
``Sec. 1400V-2. Economic Freedom Zone corporate flat tax.
``Sec. 1400V-3. Zero percent capital gains rate.
``Sec. 1400V-4. Reduced payroll taxes.
``Sec. 1400V-5. Increase in expensing under section 179.

     ``SEC. 1400V-1. ECONOMIC FREEDOM ZONE INDIVIDUAL FLAT TAX.

       ``(a) In General.--In the case of any individual whose 
     principal residence (within the meaning of section 121) is 
     located in an Economic Freedom Zone for the taxable year, in 
     lieu of the tax imposed by section 1, there shall be imposed 
     a tax equal to 5 percent of the taxable income of such 
     taxpayer. For purposes of this title, the tax imposed by the 
     preceding sentence shall be treated as a tax imposed by 
     section 1.
       ``(b) Joint Returns.--In the case of a joint return under 
     section 6013, subsection (a) shall apply so long as either 
     spouse has a principal residence (within the meaning of 
     section 121) in an Economic Freedom Zone for the taxable 
     year.
       ``(c) Alternative Minimum Tax Not To Apply.--The tax 
     imposed by section 55 shall not apply to any taxpayer to whom 
     subsection (a) applies.

     ``SEC. 1400V-2. ECONOMIC FREEDOM ZONE CORPORATE FLAT TAX.

       ``(a) In General.--In the case of any corporation located 
     in an Economic Freedom Zone for the taxable year, in lieu of 
     the tax imposed by section 11, there shall be imposed a tax 
     equal to 5 percent of the taxable income of such corporation. 
     For purposes of this title, the tax imposed by the preceding 
     sentence shall be treated as a tax imposed by section 11.
       ``(b) Limitation.--Subsection (a) shall not apply to any 
     corporation for any taxable year if the adjusted gross income 
     of such corporation for such taxable year exceeds 
     $500,000,000.
       ``(c) Located.--For purposes of this section, a corporation 
     shall be considered to be located in an Economic Freedom Zone 
     if--
       ``(1) not less than 10 percent of the total gross income of 
     such corporation is derived from the active conduct of a 
     trade or business within an Economic Freedom Zone, or
       ``(2) at least 25 percent of the employees of such 
     corporation are residents of an Economic Freedom Zone.
       ``(d) Alternative Minimum Tax Not To Apply.--The tax 
     imposed by section 55 shall not apply to any taxpayer to whom 
     subsection (a) applies.

     ``SEC. 1400V-3. ZERO PERCENT CAPITAL GAINS RATE.

       ``(a) Exclusion.--Gross income shall not include qualified 
     capital gain from the sale or exchange of--
       ``(1) any Economic Freedom Zone asset held for more than 5 
     years, or
       ``(2) any real property located in an Economic Freedom 
     Zone.
       ``(b) Economic Freedom Zone Asset.--For purposes of this 
     section--
       ``(1) In general.--The term `Economic Freedom Zone asset' 
     means--
       ``(A) any Economic Freedom Zone business stock,
       ``(B) any Economic Freedom Zone partnership interest, and
       ``(C) any Economic Freedom Zone business property.
       ``(2) Economic freedom zone business stock.--
       ``(A) In general.--The term `Economic Freedom Zone business 
     stock' means any stock in a domestic corporation if--
       ``(i) such stock is acquired by the taxpayer, before the 
     date on which such corporation no longer qualifies as an 
     Economic Freedom Zone business due to the lapse of 1 or more 
     Economic Freedom Zones, at its original issue (directly or 
     through an underwriter) solely in exchange for cash,
       ``(ii) as of the time such stock was issued, such 
     corporation was an Economic Freedom Zone business (or, in the 
     case of a new corporation, such corporation was being 
     organized for purposes of being an Economic Freedom Zone 
     business), and
       ``(iii) during substantially all of the taxpayer's holding 
     period for such stock, such corporation qualified as an 
     Economic Freedom Zone business.
       ``(B) Redemptions.--A rule similar to the rule of section 
     1202(c)(3) shall apply for purposes of this paragraph.
       ``(3) Economic freedom zone partnership interest.--The term 
     `Economic Freedom Zone partnership interest' means any 
     capital or profits interest in a domestic partnership if--
       ``(A) such interest is acquired by the taxpayer, before the 
     date on which such partnership no longer qualifies as an 
     Economic Freedom Zone business due to the lapse of 1 or more 
     Economic Freedom Zones, from the partnership solely in 
     exchange for cash,
       ``(B) as of the time such interest was acquired, such 
     partnership was an Economic Freedom Zone business (or, in the 
     case of a new partnership, such partnership was being 
     organized for purposes of being an Economic Freedom Zone 
     business), and
       ``(C) during substantially all of the taxpayer's holding 
     period for such interest, such partnership qualified as an 
     Economic Freedom Zone business.

     A rule similar to the rule of paragraph (2)(B) shall apply 
     for purposes of this paragraph.
       ``(4) Economic freedom zone business property.--
       ``(A) In general.--The term `Economic Freedom Zone business 
     property' means tangible property if--
       ``(i) such property was acquired by the taxpayer by 
     purchase (as defined in section 179(d)(2)) after the date on 
     such taxpayer qualifies as an Economic Freedom Zone business 
     and before the date on which such taxpayer no longer 
     qualifies as an Economic Freedom Zone business due to the 
     lapse of 1 or more Economic Freedom Zones,
       ``(ii) the original use of such property in the Economic 
     Freedom Zone commences with the taxpayer, and
       ``(iii) during substantially all of the taxpayer's holding 
     period for such property, substantially all of the use of 
     such property was in an Economic Freedom Zone business of the 
     taxpayer.
       ``(B) Special rule for buildings which are substantially 
     improved.--
       ``(i) In general.--The requirements of clauses (i) and (ii) 
     of subparagraph (A) shall be treated as met with respect to--

       ``(I) property which is substantially improved by the 
     taxpayer before the date on which such taxpayer no longer 
     qualifies as an Economic Freedom Zone business due to the 
     lapse of 1 or more Economic Freedom Zones, and
       ``(II) any land on which such property is located.

       ``(ii) Substantial improvement.--For purposes of clause 
     (i), property shall be treated as substantially improved by 
     the taxpayer only if, during any 24-month period beginning 
     after the date on which the taxpayer qualifies as an Economic 
     Freedom Zone business additions to basis with respect to such 
     property in the hands of the taxpayer exceed the greater of--

       ``(I) an amount equal to the adjusted basis of such 
     property at the beginning of such 24-month period in the 
     hands of the taxpayer, or
       ``(II) $5,000.

       ``(5) Treatment of economic freedom zone termination.--
     Except as otherwise provided in this subsection, the 
     termination of the designation of the Economic Freedom Zone 
     shall be disregarded for purposes of determining whether any 
     property is an Economic Freedom Zone asset.
       ``(6) Treatment of subsequent purchasers, etc.--The term 
     `Economic Freedom Zone asset' includes any property which 
     would be an Economic Freedom Zone asset but for paragraph 
     (2)(A)(i), (3)(A), or (4)(A)(i) or (ii) in the hands of the 
     taxpayer if such property was an Economic Freedom Zone asset 
     in the hands of a prior holder.
       ``(7) 5-year safe harbor.--If any property ceases to be an 
     Economic Freedom Zone asset by reason of paragraph 
     (2)(A)(iii), (3)(C), or (4)(A)(iii) after the 5-year period 
     beginning on the date the taxpayer acquired such property, 
     such property shall continue to be treated as meeting the 
     requirements of such paragraph; except that the amount of 
     gain to which subsection (a) applies on any sale or exchange 
     of such property shall not exceed the amount which would be 
     qualified capital gain had such property been sold on the 
     date of such cessation.
       ``(c) Economic Freedom Zone Business.--For purposes of this 
     section, the term `Economic Freedom Zone business' means any 
     enterprise zone business (as defined in section 1397C), 
     determined--
       ``(1) after the application of section 1400(e),
       ``(2) by substituting `80 percent' for `50 percent' in 
     subsections (b)(2) and (c)(1) of section 1397C, and
       ``(3) by treating only areas that are Economic Freedom 
     Zones as an empowerment zone or enterprise community.
       ``(d) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Qualified capital gain.--Except as otherwise provided 
     in this subsection, the

[[Page S2059]]

     term `qualified capital gain' means any gain recognized on 
     the sale or exchange of--
       ``(A) a capital asset, or
       ``(B) property used in the trade or business (as defined in 
     section 1231(b)).
       ``(2) Certain gain not qualified.--The term `qualified 
     capital gain' shall not include any gain attributable to 
     periods before the date on which the a business qualifies as 
     an Economic Freedom Zone business or after the date that is 4 
     years after the date on which such business no longer 
     qualifies as an Economic Freedom Zone business due to the 
     lapse of 1 or more Economic Freedom Zones.
       ``(3) Certain gain not qualified.--The term `qualified 
     capital gain' shall not include any gain which would be 
     treated as ordinary income under section 1245 or under 
     section 1250 if section 1250 applied to all depreciation 
     rather than the additional depreciation.
       ``(4) Intangibles not integral part of economic freedom 
     zone business.--In the case of gain described in subsection 
     (a)(1), the term `qualified capital gain' shall not include 
     any gain which is attributable to an intangible asset which 
     is not an integral part of an Economic Freedom Zone business.
       ``(5) Related party transactions.--The term `qualified 
     capital gain' shall not include any gain attributable, 
     directly or indirectly, in whole or in part, to a transaction 
     with a related person. For purposes of this paragraph, 
     persons are related to each other if such persons are 
     described in section 267(b) or 707(b)(1).
       ``(e) Sales and Exchanges of Interests in Partnerships and 
     S Corporations Which Are Economic Freedom Zone Businesses.--
     In the case of the sale or exchange of an interest in a 
     partnership, or of stock in an S corporation, which was an 
     Economic Freedom Zone business during substantially all of 
     the period the taxpayer held such interest or stock, the 
     amount of qualified capital gain shall be determined without 
     regard to--
       ``(1) any gain which is attributable to an intangible asset 
     which is not an integral part of an Economic Freedom Zone 
     business, and
       ``(2) any gain attributable to periods before the date on 
     which the a business qualifies as an Economic Freedom Zone 
     business or after the date that is 4 years after the date on 
     which such business no longer qualifies as an Economic 
     Freedom Zone business due to the lapse of 1 or more Economic 
     Freedom Zones.

     ``SEC. 1400V-4. REDUCED PAYROLL TAXES.

       ``(a) In General.--
       ``(1) Employees.--The rate of tax under 3101(a) (including 
     for purposes of determining the applicable percentage under 
     sections 3201(a) and 3211(a)(1)) shall be 4.2 percent for any 
     remuneration received during any period in which the 
     individual's principal residence (within the meaning of 
     section 121) is located in an Economic Freedom Zone.
       ``(2) Employers.--
       ``(A) In general.--The rate of tax under section 3111(a) 
     (including for purposes of determining the applicable 
     percentage under sections 3221(a)) shall be 4.2 percent with 
     respect to remuneration paid for qualified services during 
     any period in which the employer is located in an Economic 
     Freedom Zone.
       ``(B) Qualified services.--For purposes of this section, 
     the term `qualified services' means services performed--
       ``(i) in a trade or business of a qualified employer, or
       ``(ii) in the case of a qualified employer exempt from tax 
     under section 501(a) of the Internal Revenue Code of 1986, in 
     furtherance of the activities related to the purpose or 
     function constituting the basis of the employer's exemption 
     under section 501 of such Code.
       ``(C) Location of employer.--For purposes of this 
     paragraph, the location of an employer shall be determined in 
     the same manner as under section 1400V-2(c).
       ``(3) Self-employed individuals.--The rate of tax under 
     section 1401(a) shall be 8.40 percent any taxable year in 
     which such individual was located (determined under section 
     1400V-2(c) as if such individual were a corporation) in an 
     Economic Freedom Zone.
       ``(b) Transfers of Funds.---
       ``(1) Transfers to federal old-age and survivors insurance 
     trust fund.--There are hereby appropriated to the Federal 
     Old-Age and Survivors Trust Fund and the Federal Disability 
     Insurance Trust Fund established under section 201 of the 
     Social Security Act (42 U.S.C. 401) amounts equal to the 
     reduction in revenues to the Treasury by reason of the 
     application of subsection (a). Amounts appropriated by the 
     preceding sentence shall be transferred from the general fund 
     at such times and in such manner as to replicate to the 
     extent possible the transfers which would have occurred to 
     such Trust Fund had such amendments not been enacted.
       ``(2) Transfers to social security equivalent benefit 
     account.--There are hereby appropriated to the Social 
     Security Equivalent Benefit Account established under section 
     15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
     231n-1(a)) amounts equal to the reduction in revenues to the 
     Treasury by reason of the application of paragraphs (1) and 
     (2) of subsection (a). Amounts appropriated by the preceding 
     sentence shall be transferred from the general fund at such 
     times and in such manner as to replicate to the extent 
     possible the transfers which would have occurred to such 
     Account had such amendments not been enacted.
       ``(3) Coordination with other federal laws.--For purposes 
     of applying any provision of Federal law other than the 
     provisions of the Internal Revenue Code of 1986, the rate of 
     tax in effect under section 3101(a) shall be determined 
     without regard to the reduction in such rate under this 
     section.

     ``SEC. 1400V-5. INCREASE IN EXPENSING UNDER SECTION 179.

       ``(a) In General.--In the case of an Economic Freedom Zone 
     business, for purposes of section 179--
       ``(1) the limitation under section 179(b)(1) shall be 
     increased by the lesser of--
       ``(A) 200 percent of the amount in effect under such 
     section (determined without regard to this section), or
       ``(B) the cost of section 179 property which is Economic 
     Freedom Zone business property placed in service during the 
     taxable year, and
       ``(2) the amount taken into account under section 179(b)(2) 
     with respect to any section 179 property which is Economic 
     Freedom Zone business property shall be 50 percent of the 
     cost thereof.
       ``(b) Economic Freedom Zone Business Property.--For 
     purposes of this section, the term `Economic Freedom Zone 
     business property' has the meaning given such term under 
     section 1400V-3(b)(4), except that for purposes of 
     subparagraph (A)(ii) thereof, if property is sold and leased 
     back by the taxpayer within 3 months after the date such 
     property was originally placed in service, such property 
     shall be treated as originally placed in service not earlier 
     than the date on which such property is used under the 
     leaseback.
       ``(c) Recapture.--Rules similar to the rules under section 
     179(d)(10) shall apply with respect to any qualified zone 
     property which ceases to be used in an empowerment zone by an 
     enterprise zone business.

                         ``PART II--DEFINITIONS

``Sec. 1400V-6. Economic Freedom Zone.

     ``SEC. 1400V-6. ECONOMIC FREEDOM ZONE.

       ``For purposes of this subchapter, the term `Economic 
     Freedom Zone' means any area which is an Economic Freedom 
     Zone under title II of the Economic Freedom Zone Act.''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 1 of such Code is amended by inserting after the item 
     relating to subchapter Y the following new item:

               ``subchapter z--economic freedom zones''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

                TITLE IV--FEDERAL REGULATORY REDUCTIONS

     SEC. 401. SUSPENSION OF CERTAIN LAWS AND REGULATIONS.

       (a) Environmental Protection Agency.--For each area 
     designated as an Economic Freedom Zone under this division, 
     the Administrator of the Environmental Protection Agency 
     shall not enforce, with respect to that Economic Freedom 
     Zone, and the Economic Freedom Zone shall be exempt from 
     compliance with--
       (1) part D of the Clean Air Act (42 U.S.C. 7501 et seq.) 
     (including any regulations promulgated under that part);
       (2) section 402 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1342);
       (3) sections 139, 168, 169, 326, and 327 of title 23, 
     United States Code;
       (4) section 304 of title 49, United States Code; and
       (5) sections 1315 through 1320 of Public Law 112-141 (126 
     Stat. 549).
       (b) Department of the Interior.--
       (1) Wild and scenic rivers.--For each area designated as an 
     Economic Freedom Zone under this division, the Secretary of 
     the Interior shall not enforce, with respect to that Economic 
     Freedom Zone, and the Economic Freedom Zone shall be exempt 
     from compliance with the Wild and Scenic Rivers Act (16 
     U.S.C. 1271 et seq.).
       (2) National heritage areas.--For the period beginning on 
     the date of enactment of this Act and ending on the date on 
     which an area is removed from designation as an Economic 
     Freedom Zone, any National Heritage Area located within that 
     Economic Freedom Zone shall not be considered to be a 
     National Heritage Area and any applicable Federal law 
     (including regulations) relating to that National Heritage 
     Area shall not apply.

                   TITLE V--EDUCATIONAL ENHANCEMENTS

     SEC. 501. EDUCATIONAL OPPORTUNITY TAX CREDIT.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 25D the following new section:

     ``SEC. 25E. CREDIT FOR QUALIFIED ELEMENTARY AND SECONDARY 
                   EDUCATION EXPENSES.

       ``(a) In General.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     chapter for the taxable year an amount equal to the qualified 
     elementary and secondary education expenses of an eligible 
     student.
       ``(b) Limitation.--The amount taken into account under 
     subsection (a) with respect to any student for any taxable 
     year shall not exceed $5,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified elementary and secondary education 
     expenses.--The term `qualified elementary and secondary 
     education expenses' has the meaning given such term under 
     section 530(b)(3).
       ``(2) Eligible student.--The term `eligible student' means 
     any student who--
       ``(A) is enrolled in, or attends, any public, private, or 
     religious school (as defined in section 530(b)(3)(B)), and

[[Page S2060]]

       ``(B) whose principal residence (within the meaning of 
     section 123) is located in an Economic Freedom Zone.
       ``(3) Economic freedom zone.--The term `Economic Freedom 
     Zone' means any area which is an Economic Freedom Zone under 
     title II of the Economic Freedom Zone Act.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     A of part IV of subchapter A of chapter 1 of such Code is 
     amended by inserting after the item relating to section 25D 
     the following new item:

``Sec. 25E. Credit for qualified elementary and secondary education 
              expenses.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to expenditures made in taxable years beginning 
     after the date of the enactment of this Act.

     SEC. 502. SCHOOL CHOICE THROUGH PORTABILITY.

       (a) In General.--Subpart 2 of part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6331 et seq.) is amended by adding at the end the following:

     ``SEC. 1128. SCHOOL CHOICE THROUGH PORTABILITY.

       ``(a) Authorization.--
       ``(1) In general.--Notwithstanding sections 1124, 1124A, 
     and 1125 and any other provision of law, and to the extent 
     permitted under State law, a State educational agency may 
     allocate grant funds under this subpart among the local 
     educational agencies in the State based on the formula 
     described in paragraph (2).
       ``(2) Formula.--A State educational agency may allocate 
     grant funds under this subpart for a fiscal year among the 
     local educational agencies in the State in proportion to the 
     number of eligible children enrolled in public schools served 
     by the local educational agency and enrolled in State-
     accredited private schools within the local educational 
     agency's geographic jurisdiction, for the most recent fiscal 
     year for which satisfactory data are available, compared to 
     the number of such children in all such local educational 
     agencies for that fiscal year.
       ``(b) Eligible Child.--
       ``(1) In general.--In this section, the term `eligible 
     child' means a child--
       ``(A) from a family with an income below the poverty level, 
     on the basis of the most recent satisfactory data published 
     by the Department of Commerce; and
       ``(B) who resides in an Economic Freedom Zone as designated 
     under title II of the Economic Freedom Zones Act of 2016 .
       ``(2) Criteria of poverty.--In determining the families 
     with incomes below the poverty level for the purposes of 
     paragraph (2), a State educational agency shall use the 
     criteria of poverty used by the Census Bureau in compiling 
     the most recent decennial census.
       ``(3) Identification of eligible children.--On an annual 
     basis, on a date to be determined by the State educational 
     agency, each local educational agency that receives grant 
     funding in accordance with subsection (a) shall inform the 
     State educational agency of the number of eligible children 
     enrolled in public schools served by the local educational 
     agency and enrolled in State-accredited private schools 
     within the local educational agency's geographic 
     jurisdiction.
       ``(c) Distribution to Schools.--Each local educational 
     agency that receives grant funding under subsection (a) shall 
     distribute such funds to the public schools served by the 
     local educational agency and State-accredited private schools 
     with the local educational agency's geographic jurisdiction--
       ``(1) based on the number of eligible children enrolled in 
     such schools; and
       ``(2) in the manner that would, in the absence of such 
     Federal funds, supplement the funds made available from the 
     non-Federal resources for the education of pupils 
     participating in programs under this part, and not to 
     supplant such funds.''.
       (b) Table of Contents.--The table of contents in section 2 
     of the Elementary and Secondary Education Act of 1965 is 
     amended by inserting after the item relating to section 1127 
     the following:

``Sec. 1128. School choice through portability.''.

     SEC. 503. SPECIAL ECONOMIC FREEDOM ZONE VISAS.

       (a) Definitions.--In this section:
       (1) Abandoned; dilapidated.--The terms ``abandoned'' and 
     ``dilapidated'' shall be defined by the States in accordance 
     with the provisions of this division.
       (2) Full-time employment.--The term ``full-time 
     employment'' means employment in a position that requires at 
     least 35 hours of service per week at any time, regardless of 
     who fills the position.
       (b) Purpose.--The purpose of this section is to facilitate 
     increased investment and enhanced human capital in Economic 
     Freedom Zones through the issuance of special regional visas.
       (c) Authorization.--The Secretary of Homeland Security, in 
     collaboration with the Secretary of Labor, may issue Special 
     Economic Freedom Zone Visas, in a number determined by the 
     Governor of each State, in consultation with local officials 
     in regions designated by the Secretary of Treasury as 
     Economic Freedom Zones, to authorize qualified aliens to 
     enter the United States for the purpose of--
       (1) engaging in a new commercial enterprise (including a 
     limited partnership)--
       (A) in which such alien has invested, or is actively in the 
     process of investing, capital in an amount not less than the 
     amount specified in subsection (d); and
       (B) which will benefit the region designated as an Economic 
     Freedom Zone by creating full-time employment of not fewer 
     than 5 United States citizens, aliens lawfully admitted for 
     permanent residence, or other immigrants lawfully authorized 
     to be employed in the United States (excluding the alien and 
     the alien's immediate family);
       (2) engaging in the purchase and renovation of dilapidated 
     or abandoned properties or residences (as determined by State 
     and local officials) in which such alien has invested, or is 
     actively in the process of investing, in the ownership of 
     such properties or residences; or
       (3) residing and working in an Economic Freedom Zone.
       (d) Effective Period.--A visa issued to an alien under this 
     section shall expire on the later of--
       (1) the date on which the relevant Economic Freedom Zone 
     loses such designation; or
       (2) the date that is 5 years after the date on which such 
     visa was issued to such alien.
       (e) Capital and Educational Requirements.--
       (1) New commercial enterprises.--Except as otherwise 
     provided under this section, the minimum amount of capital 
     required to comply with subsection (c)(1)(A) shall be 
     $50,000.
       (2) Renovation of dilapidated or abandoned properties.--An 
     alien is not in compliance with subsection (c)(2) unless the 
     alien--
       (A) purchases a dilapidated or abandoned property in an 
     Economic Freedom Zone; and
       (B) not later than 18 months after such purchase, invests 
     not less than $25,000 to rebuild, rehabilitate, or repurpose 
     the property.
       (3) Verification.--A visa issued under subsection (c) shall 
     not remain in effect for more than 2 years unless the 
     Secretary of Homeland Security has verified that the alien 
     has complied with the requirements described in subsection 
     (c).
       (4) Education and skill requirements.--An alien is not in 
     compliance with subsection (c)(3) unless the alien 
     possesses--
       (A) a bachelor's degree (or its equivalent) or an advanced 
     degree;
       (B) a degree or specialty certification that--
       (i) is required for the job the alien will be performing; 
     and
       (ii) is specific to an industry or job that is so complex 
     or unique that it can be performed only by an individual with 
     the specialty certification;
       (C)(i) the knowledge required to perform the duties of the 
     job the alien will be performing; and
       (ii) the nature of the specific duties is so specialized 
     and complex that such knowledge is usually associated with 
     attainment of a bachelor's or higher degree; or
       (D) a skill or talent that would benefit the Economic 
     Freedom Zone.
       (f) Additional Provisions.--
       (1) Geographic limitation.--An alien who has been issued a 
     visa under this section is not permitted to live or work 
     outside of an Economic Freedom Zone.
       (2) Rescission.--A visa issued under this section shall be 
     rescinded if the visa holder resides or works outside of an 
     Economic Freedom Zone or otherwise fails to comply with the 
     provisions of this section.
       (3) Other visas.--An alien who has been issued a visa under 
     this section may apply for any other visa for which the alien 
     is eligible in order to pursue employment outside of an 
     Economic Freedom Zone.
       (g) Adjustment of Status.--The Secretary of Homeland 
     Security may adjust the status of an alien who has been 
     issued a visa under this section to that of an alien lawfully 
     admitted for permanent residence, without numerical 
     limitation, if the alien--
       (1) has fully complied with the requirements set forth in 
     this section for at least 5 years;
       (2) submits a completed application to the Secretary; and
       (3) is not inadmissible to the United States based on any 
     of the factors set forth in section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)).

     SEC. 504. ECONOMIC FREEDOM ZONE EDUCATIONAL SAVINGS ACCOUNTS.

       (a) In General.--Part VIII of subchapter F of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new section:

     ``SEC. 530A. ECONOMIC FREEDOM ZONE EDUCATIONAL SAVINGS 
                   ACCOUNTS.

       ``(a) In General.--Except as provided in this section, an 
     Economic Freedom Zone educational savings account shall be 
     treated for purposes of this title in the same manner as a 
     Coverdell education savings account.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Economic freedom zone educational savings account.--
     The term `Economic Freedom Zone educational savings account' 
     means a trust created or organized in the United States 
     exclusively for the purpose of paying the qualified education 
     expenses (as defined in section 530(b)(2)) of an individual 
     who is the designated beneficiary of the trust (and 
     designated as an Economic Freedom Zone educational saving 
     account at the time created or organized) and who is a 
     qualified individual at the time such trust is established, 
     but only if the written governing instrument creating the 
     trust meets the following requirements:
       ``(A) No contribution will be accepted--

[[Page S2061]]

       ``(i) unless it is in cash,
       ``(ii) after the date on which such beneficiary attains age 
     25, or
       ``(iii) except in the case of rollover contributions, if 
     such contribution would result in aggregate contributions for 
     the taxable year exceeding $10,000.
       ``(B) No contribution shall be accepted at any time in 
     which the designated beneficiary is not a qualified 
     individual.
       ``(C) The trust meets the requirements of subparagraphs 
     (B), (C), (D), and (E) of section 530(b)(1).

     The age limitations in subparagraphs (A)(ii), subparagraph 
     (E) of section 530(b)(1), and paragraphs (5) and (6) of 
     section 530(d), shall not apply to any designated beneficiary 
     with special needs (as determined under regulations 
     prescribed by the Secretary).
       ``(2) Qualified individual.--The term `qualified 
     individual' means any individual whose principal residence 
     (within the meaning of section 121) is located in an Economic 
     Freedom Zone (as defined in section 1400V-6).
       ``(c) Deduction for Contributions.--
       ``(1) In general.--There shall be allowed as a deduction 
     under part VII of subchapter B of this chapter an amount 
     equal to the aggregate amount of contributions made by the 
     taxpayer to any Economic Freedom Zone educational savings 
     account during the taxable year.
       ``(2) Limitation.--The amount of the deduction allowed 
     under paragraph (1) for any taxpayer for any taxable year 
     shall not exceed $40,000.
       ``(3) No deduction for rollover contributions.--No 
     deduction shall be allowed under paragraph (1) for any 
     rollover contribution described in section 530(d)(5).
       ``(d) Other Rules.--
       ``(1) No income limit.--In the case of an Economic Freedom 
     Zone educational savings account, subsection (c) of section 
     530 shall not apply.
       ``(2) Change in beneficiaries.--Notwithstanding paragraph 
     (6) of section 530(b), a change in the beneficiary of an 
     Economic Freedom Zone education savings account shall be 
     treated as a distribution unless the new beneficiary is a 
     qualified individual.''.
       (b) Clerical Amendment.--The table of sections for part 
     VIII of subchapter F of chapter 1 of such Code is amended by 
     adding at the end the following new item:

``Sec. 530A. Economic Freedom Zone educational savings accounts.''.

             TITLE VI--COMMUNITY ASSISTANCE AND REBUILDING

     SEC. 601. NONAPPLICATION OF DAVIS-BACON.

       The wage rate requirements of subchapter IV of chapter 31 
     of title 40, United States Code (commonly referred to as the 
     ``Davis-Bacon Act''), shall not apply with respect to any 
     area designated as an Economic Freedom Zone under this 
     division.

     SEC. 602. ECONOMIC FREEDOM ZONE CHARITABLE TAX CREDIT.

       (a) In General.--Section 170 is amended by redesignating 
     subsection (p) as subsection (q) and by inserting after 
     subsection (o) the following new subsection:
       ``(o) Election To Treat Contributions for Economic Freedom 
     Zone Charities as a Credit.--
       ``(1) In general.--In the case of an individual, at the 
     election of the taxpayer, so much of the deduction allowed 
     under subsection (a) (determined without regard to this 
     subsection) which is attributable to Economic Freedom Zone 
     charitable contributions--
       ``(A) shall be allowed as a credit against the tax imposed 
     by this chapter for the taxable year, and
       ``(B) shall not be allowed as a deduction for such taxable 
     year under subsection (a).
     Any amount allowable as a credit under this subsection shall 
     be treated as a credit allowed under subpart A of part IV of 
     subchapter A for purposes of this title.
       ``(2) Amount attributable to economic freedom zone 
     charitable contributions.--For purposes of paragraph (1)--
       ``(A) In general.--In any case in which the total 
     charitable contributions of a taxpayer for a taxable year 
     exceed the contribution base, the amount of Economic Freedom 
     Zone charitable contributions taken into account under 
     paragraph (1) shall be the amount which bears the same ratio 
     to the total charitable contributions made by the taxpayer 
     during such taxable year as the amount of the deduction 
     allowed under subsection (a) (determined without regard to 
     this subsection and after application of subsection (b)) 
     bears to the total charitable contributions made by the 
     taxpayer for such taxable year.
       ``(B) Carryovers.--In the case of any contribution carried 
     from a preceding taxable year under subsection (d), such 
     amount shall be treated as attributable to an Economic 
     Freedom Zone charitable contribution in the amount that bears 
     the same ratio to the total amount carried from preceding 
     taxable years under subsection (d) as the amount of Economic 
     Freedom Zone charitable contributions not allowed as a 
     deduction under subsection (a) (other than by reason of this 
     subsection) for the preceding 5 taxable year bears to total 
     amount carried from preceding taxable years under subsection 
     (d).
       ``(3) Economic freedom zone charitable contribution.--The 
     term `Economic Freedom Zone charitable contribution' means 
     any contribution to a corporation, trust, or community chest 
     fund, or foundation described in subsection (c)(2), but only 
     if--
       ``(A) such entity is created or organized exclusively for--
       ``(i) religious purposes,
       ``(ii) educational purposes, or
       ``(iii) any of the following charitable purposes: providing 
     educational scholarships, providing shelters for homeless 
     individuals, or setting up or maintaining food banks,
       ``(B) the primary mission of such entity is serving 
     individuals in an Economic Freedom Zone,
       ``(C) the entity maintains accountability to residents of 
     such Economic Freedom Zone through their representation on 
     any governing board of the entity or any advisory board to 
     the entity, and
       ``(D) the entity is certified by the Secretary for purposes 
     of this subsection.
     Such term shall not include any contribution made to an 
     entity described in the preceding sentence after the date in 
     which the designation of the Economic Freedom Zone serviced 
     by such entity lapses.
       ``(4) Economic freedom zone.--The term `Economic Freedom 
     Zone' means any area which is an Economic Freedom Zone under 
     title II of the Economic Freedom Zone Act.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

         TITLE VII--STATE AND COMMUNITY POLICY RECOMMENDATIONS

     SEC. 701. SENSE OF THE SENATE CONCERNING POLICY 
                   RECOMMENDATIONS.

       It is the sense of the Senate that State and local 
     governments should review and adopt the following policy 
     recommendations:
       (1) Pension reform.--State and local governments should--
       (A) implement reforms to address any fiscal shortfall in 
     public pension funding, including utilizing accrual 
     accounting methods, such as those reforms undertaken by the 
     private sector pension funds; and
       (B) restructure and renegotiate any public pension fund 
     that is deemed to be insolvent or underfunded, including 
     adopting defined contribution retirement systems.
       (2) Taxes.--State and local governments should reduce 
     jurisdictional tax rates below the national average in order 
     to help facilitate capital investment and economic growth, 
     particularly in combination with the provisions of this 
     division.
       (3) Education.--State and local governments should adopt 
     school choice options to provide children and parents more 
     educational choices, particularly in impoverished areas.
       (4) Communities.--State and local governments should adopt 
     right-to-work laws to allow more competitiveness and more 
     flexibility for businesses to expand.
       (5) Regulations.--State and local governments should 
     streamline the regulatory burden on families and businesses, 
     including streamlining the opportunities for occupational 
     licensing.
       (6) Abandoned structures.--State and local governments 
     should consider the following options to reduce or fix areas 
     with abandoned properties or residences:
       (A) In the case of foreclosures, tax notifications should 
     be sent to both the lien holder (if different than the 
     homeowner) and the homeowner.
       (B) Where State constitutions permit, property tax 
     abatement or credits should be provided for individuals who 
     purchase or invest in abandoned or dilapidated properties.
       (C) Non-profit or charity demolition entities should be 
     permitted or encouraged to help remove abandoned properties.
       (D) Government or municipality fees and penalties should be 
     limited, and be proportional to the outstanding tax amount 
     and the ability to pay.
       (E) The sale of tax liens to third parties should be 
     reviewed, and where available, should prohibit the selling of 
     tax liens below a certain threshold (for example the 
     prohibition of the sale of tax liens to third parties under 
     $1,000).
                                 ______
                                 
  SA 3788. Mr. INHOFE (for Mr. Casey) proposed an amendment to the bill 
H.R. 1493, to protect and preserve international cultural property at 
risk due to political instability, armed conflict, or natural or other 
disasters, and for other purposes; as follows:

       On page 19, line 16, strike ``and advance''.
       On page 20, line 6, insert after ``research institutions'' 
     the following: ``, and participants in the international art 
     and cultural property market''.
       On page 20, line 8, strike ``and advance''.
       On page 22, line 9, insert after ``2602)'' the following: 
     ``, including the requirements under subsection (a)(3) of 
     that section''.
       On page 26, line 25, strike ``and''.
       On page 27, between lines 4 and 5, insert the following:
       (E) actions undertaken to promote the legitimate commercial 
     and non-commercial exchange and movement of cultural 
     property; and

                          ____________________