[Congressional Record Volume 164, Number 163 (Tuesday, October 2, 2018)]
[Senate]
[Pages S6451-S6452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4032. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       On page 277, between lines 2 and 3, insert the following:
       ``(c) Nonapplication of Preemption.--The provisions of 
     section 41713 shall not apply to carriage of property by 
     operators of small unmanned aircraft systems described in the 
     update to existing regulations under subsection (a).''.
                                 ______
                                 
  SA 4033. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       At the end, add the following:

       DIVISION L--REINFORCING AMERICAN-MADE PRODUCTS ACT OF 2018

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Reinforcing American-
     Made Products Act of 2018''.

     SEC. 2002. EXCLUSIVITY OF FEDERAL AUTHORITY TO REGULATE 
                   LABELING OF PRODUCTS MADE IN THE UNITED STATES 
                   AND INTRODUCED IN INTERSTATE OR FOREIGN 
                   COMMERCE.

       Section 320933 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (15 U.S.C. 45a) is amended--
       (1) in the first sentence, by striking ``To the extent'' 
     and inserting the following:
       ``(a) In General.--To the extent'';
       (2) by adding at the end the following:
       ``(b) Effect on State Law.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     provisions of this section shall supersede any provisions of 
     the law of any State expressly relating to the extent to 
     which a product is introduced, delivered for introduction, 
     sold, advertised, or offered for sale in interstate or 
     foreign commerce with a Made in the U.S.A. or Made in America 
     label, or the equivalent thereof, in order to represent that 
     such product was in whole or substantial part of domestic 
     origin.
       ``(2) Enforcement.--Nothing in this section shall preclude 
     the application of the law of any State to the use of a label 
     not in compliance with subsection (a).''; and
       (3) in the third sentence of subsection (a), as designated 
     by paragraph (1), by striking ``Nothing in this section'' and 
     inserting ``Except as provided in subsection (b), nothing in 
     this section''.
                                 ______
                                 
  SA 4034. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       Strike section 1946 and insert the following:

     SEC. 1946. SCREENING PARTNERSHIP PROGRAM.

       (a) In General.--Section 44920 of title 49, United States 
     Code, is amended by striking subsections (a) and (b) and 
     inserting the following:
       ``(a) In General.--The operator of an airport may submit to 
     the Administrator of the Transportation Security 
     Administration a notification that the airport requests the 
     screening of passengers and property at the airport under 
     section 44901 by personnel of a qualified private screening 
     company pursuant to a contract with the Transportation 
     Security Administration.
       ``(b) Selection of Qualified Private Screening Companies.--
       ``(1) List of qualified private screening companies.--Not 
     later than 30 days after receiving a notification from the 
     operator of an airport under subsection (a), the 
     Administrator shall provide to the operator of that airport 
     the opportunity--
       ``(A) for the operator to select a qualified private 
     screening company with which the operator prefers the 
     Administrator enter into a contract for screening services at 
     that airport; or
       ``(B) to request that the Administrator select a qualified 
     private screening company with which to enter into such a 
     contract.
       ``(2) Entry into contract.--
       ``(A) In general.--Subject to subsections (c) and (d), not 
     later than 60 days after the operator of an airport selects a 
     qualified private screening company under paragraph (1)(A) or 
     under this subparagraph or requests the Administrator to 
     select such a company under paragraph (1)(B)--
       ``(i) the Administrator shall enter into a contract for 
     screening services at that airport with the qualified private 
     screening company selected by the airport or the company 
     selected by the Administrator, as the case may be; or
       ``(ii) in the case of a company selected by the operator of 
     the airport, if the Administrator rejects the bid from that 
     company, or is otherwise unable to enter into a contract with 
     that company, the Administrator shall provide the operator of 
     the airport another 60 days to select another qualified 
     private screening company.
       ``(B) Rejection of bids.--If the Administrator rejects a 
     bid from a private screening company selected by the operator 
     of an airport under paragraph (1)(A) or subparagraph (A)(ii), 
     the Administrator shall, not later than 30 days after 
     rejecting that bid, submit to the operator, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Homeland Security of the House of 
     Representatives a report that includes--
       ``(i) the findings that served as the basis for rejecting 
     the bid;
       ``(ii) the results of any cost or security analyses 
     conducted in relation to the bid; and
       ``(iii) recommendations for how the operator of the airport 
     can address the reasons the Administrator rejected the 
     bid.''.
       (b) Qualified Private Screening Companies.--Subsection (c) 
     of such section is amended by striking ``and will provide'' 
     and all that follows through ``with this chapter''.
       (c) Standards for Private Screening Companies.--Subsection 
     (d) of such section is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) by redesignating subparagraph (B) as subparagraph (C);
       (C) by inserting after subparagraph (A) the following:
       ``(B) the cost of providing screening services at the 
     airport under the contract is equal to or less than the cost 
     to the Federal Government of providing screening services at 
     that airport during the term of the contract;'';
       (D) in subparagraph (C), as redesignated by subparagraph 
     (B), by striking the period at the end and inserting ``; 
     and''; and
       (E) by adding at the end the following:
       ``(D) entering into the contract would not compromise 
     aviation security.'';
       (2) in paragraph (2)--
       (A) by striking ``paragraph (1)(B)'' and inserting 
     ``paragraph (1)(C)''; and
       (B) by striking the second sentence; and
       (3) by adding at the end the following:
       ``(3) Calculation of federal costs.--For purpose of the 
     comparison of costs required by paragraph (1)(B), the 
     Administrator shall incorporate a cost estimate that reflects 
     the

[[Page S6452]]

     total cost to the Federal Government, including all costs 
     incurred by all Federal agencies and not only by the 
     Transportation Security Administration, of providing 
     screening services at an airport.''.
       (d) Recommendations for Improving Aviation Security.--Such 
     section is amended by adding at the end the following:
       ``(i) Consideration of Recommendations by Private Screening 
     Companies for Improving Aviation Security.--
       ``(1) Recommendations.--The Administrator shall request 
     each qualified private screening company that enters into a 
     contract with the Transportation Security Administration 
     under this section to provide screening services at an 
     airport to submit to the Administrator an annual report that 
     includes recommendations for--
       ``(A) new approaches to prioritize and streamline 
     requirements for aviation security;
       ``(B) new or more efficient processes for the screening of 
     all passengers and property at the airport under section 
     44901;
       ``(C) processes and procedures that would enhance the 
     screening of passengers and property at the airport; or
       ``(D) screening processes and procedures that would better 
     enable the Administrator and the private screening company to 
     respond to threats and emerging threats to aviation security.
       ``(2) Testing.--The Administrator shall conduct a field 
     demonstration at an airport of each recommendation submitted 
     under paragraph (1) to determine the effectiveness of the 
     approach, process, or procedure recommended, unless the 
     Administrator determines that conducting such a demonstration 
     would compromise aviation security.
       ``(3) Consideration of adoption.--
       ``(A) In general.--After conducting a field demonstration 
     under paragraph (2) with respect to a recommendation 
     submitted under paragraph (1) by a private screening company, 
     the Administrator--
       ``(i) shall consider adopting the recommendation; and
       ``(ii) may adopt the recommendation at all or some 
     airports.
       ``(B) Report.--If the Administrator does not adopt a 
     recommendation submitted under paragraph (1) by a private 
     screening company, the Administrator shall submit to Congress 
     and the private screening company a report that includes--
       ``(i) a description of the specific reasons the 
     Administrator chose not to adopt the recommendation; and
       ``(ii) recommendations for how the private screening 
     company could improve the approach, process, or procedure 
     recommended.''.
       (e) Conforming Amendments.--Such section is further 
     amended--
       (1) in the section heading, by striking ``Security 
     screening opt-out program'' and inserting ``Screening 
     partnership program'';
       (2) by striking subsection (h); and
       (3) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''.
       (f) Clerical Amendment.--The table of sections for chapter 
     449 of title 49, United States Code, is amended by striking 
     the item relating to section 44920 and inserting the 
     following:

``44920. Screening partnership program.''.
                                 ______
                                 
  SA 4035. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       At the end of title V of division B, add the following:

     SEC. 585. AIRCRAFT OPERATING EXPENSES SHARING.

       The Administrator of the Federal Aviation Administration 
     shall issue or revise regulations so as to permit a person 
     who holds a pilot certificate to communicate with the public, 
     in any manner the person determines appropriate, to 
     facilitate an aircraft flight for which the pilot and 
     passengers share aircraft operating expenses in accordance 
     with section 61.113(c) of title 14, Code of Federal 
     Regulations (or any successor regulation) without requiring a 
     certificate under part 119 of title 14, Code of Federal 
     Regulations (or any successor regulation).
                                 ______
                                 
  SA 4036. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       At the end of title V of division B, add the following:

     SEC. 585. HIRING OF AIR TRAFFIC CONTROL SPECIALISTS.

       Section 44506(f)(1)(B)(i) of title 49, United States Code, 
     is amended by striking ``referring'' and all that follows 
     through ``10 percent.'' and inserting ``giving preferential 
     consideration to pool 1 applicants described in clause (ii) 
     before considering pool 2 applicants described in clause 
     (iii).''.
                                 ______
                                 
  SA 4037. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       At the end of title V of division B, add the following:

     SEC. 585. AVIATION EMPOWERMENT ACT.

       (a) Definitions.--Section 40102(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(48) `common carrier' means a service provided by a 
     person that meets the following elements:
       ``(A) holding out of a willingness to;
       ``(B) transport persons or property;
       ``(C) from place to place;
       ``(D) for compensation; and
       ``(E) without refusal unless authorized by law.

     In applying subparagraph (D), the term `compensation' 
     requires the intent to pursue monetary profit but does not 
     include flights in which the pilot and passengers share 
     aircraft operating expenses or the pilot receives any 
     benefit.
       ``(49) `personal operator' means a person providing air 
     transportation of persons or property for compensation or 
     hire in aircraft that have eight or fewer seats, provided 
     that the person holds a private pilot certificate pursuant to 
     subpart E of section 61 of title 14, Code of Federal 
     Regulations (or any successor regulation). A personal 
     operator or a flight operated by a personal operator does not 
     constitute a common carrier, as defined in paragraph (48), a 
     commercial operation requiring a certificate under part 119 
     or 135 of title 14, Code of Federal Regulations (or any 
     successor regulation), or a commercial operator, as defined 
     in section 1.1 of title 14, Code of Federal Regulations (or 
     any successor regulation).''.
       (b) Regulations.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue or revise regulations to comply with the amendments 
     made by subsection (a) and to ensure the following:
       (1) That a person who holds a pilot certificate may 
     communicate with the public, in any manner the person 
     determines appropriate, to facilitate an aircraft flight for 
     which the pilot and passengers share aircraft operating 
     expenses in accordance with section 61.113(c) of title 14, 
     Code of Federal Regulations (or any successor regulation) and 
     that such flight-sharing operations under section 61.113(c) 
     of title 14, Code of Federal Regulations (or any successor 
     regulation) shall not be deemed a common carrier, as defined 
     in paragraph (48) of section 40102(a) of title 49, United 
     States Code, or a commercial operation requiring a 
     certificate under part 119 or 135 of title 14, Code of 
     Federal Regulations (or any successor regulation).
       (2) That a personal operator, as defined in paragraph (49) 
     of section 40102(a) of title 49, United States Code, 
     operating under part 91 of title 14 Code of Federal 
     Regulations (or any successor regulation) shall not be 
     subject to the requirements set forth in part 121, 125, or 
     135 of title 14, Code of Federal Regulations (or any 
     successor regulation).
                                 ______
                                 
  SA 4038. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       Strike division G.
                                 ______
                                 
  SA 4039. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       On page 806, line 19, strike ``$60,000,000,000'' and insert 
     ``$30,000,000,000''.
                                 ______
                                 
  SA 4040. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       Strike division F.
                                 ______
                                 
  SA 4041. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       Strike division E.

                          ____________________