[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 3922-3925]
[From the U.S. Government Publishing Office, www.gpo.gov]




       AMERICA'S SMALL BUSINESS TAX RELIEF ACT OF 2015--Continued


Amendments Nos. 3476, as Modified; 3492, as Modified; 3500; 3526; 3535; 
      3621; 3620; 3633; 3534; 3623; and 3567 to Amendment No. 3464

  Mr. THUNE. Mr. President, I ask unanimous consent that the Senate 
resume consideration of H.R. 636 and that the following amendments be 
called up and reported by number: Cassidy amendment No. 3476, as 
modified; Inhofe amendment No. 3492, as modified; Hoeven amendment No. 
3500; Flake amendment No. 3526; Cotton amendment No. 3535; Nelson 
amendment No. 3621; Booker amendment No. 3620; Nelson amendment No. 
3633; Cantwell amendment No. 3534; Whitehouse amendment No. 3623; and 
Cochran amendment No. 3567.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the amendments by number.
  The senior assistant legislative clerk read as follows:

       The Senator from South Dakota [Mr. Thune], for others, 
     proposes amendments numbered 3476, as modified; 3492, as 
     modified; 3500; 3526; 3535; 3621; 3620; 3633; 3534; 3623; and 
     3567 en bloc to amendment No. 3464.

  The amendments are as follows:


                    AMENDMENT NO. 3476, as Modified

      (Purpose: To authorize certain flights by Stage 2 airplanes)

       At the end of title V, add the following:

     SEC. 5032. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 
                   AIRPLANES.

       (a) In General.--Notwithstanding section 47534 of title 49, 
     United States Code, not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a pilot program to 
     permit the operator of a Stage 2 airplane to operate that 
     airplane in nonrevenue service into not more than four medium 
     hub airports or nonhub airports if--
       (1) the airport--
       (A) is certified under part 139 of title 14, Code of 
     Federal Regulations;
       (B) has a runway that--
       (i) is longer than 8,000 feet and not less than 200 feet 
     wide; and
       (ii) is load bearing with a pavement classification number 
     of not less than 38; and
       (C) has a maintenance facility with a maintenance 
     certificate issued under part 145 of such title; and
       (2) the operator of the Stage 2 airplane operates not more 
     than 10 flights per month using that airplane.
       (b) Termination.--The regulations required by subsection 
     (a) shall terminate on the earlier of--
       (1) the date that is 10 years after the date of the 
     enactment of this Act; or
       (2) the date on which the Administrator determines that no 
     Stage 2 airplanes remain in service.
       (c) Definitions.--In this section:
       (1) Medium hub airport; nonhub airport.--The terms ``medium 
     hub airport'' and ``nonhub airport'' have the meanings given 
     those terms in section 40102 of title 49, United States Code.
       (2) Stage 2 airplane.--The term ``Stage 2 airplane'' has 
     the meaning given that term in section 91.851 of title 14, 
     Code of Federal Regulations (as in effect on the day before 
     the date of the enactment of this Act).


                    AMENDMENT NO. 3492, as Modified

  (Purpose: Relating to the operation of unmanned aircraft systems by 
            owners and operators of critical infrastructure)

       On page 84, between lines 10 and 11, insert the following:
       ``(f) Operation by Owners and Operators of Critical 
     Infrastructure.--
       ``(1) In general.--Any application process established 
     under subsection (a) shall allow for a covered person to 
     apply to the Administrator to operate an unmanned aircraft 
     system to conduct activities described in paragraph (2)--
       ``(A) beyond the visual line of sight of the individual 
     operating the unmanned aircraft system; and
       ``(B) operation during the day or at night.
       ``(2) Activities described.--The activities described in 
     this paragraph that a covered person may use an unmanned 
     aircraft system to conduct are the following:
       ``(A) Activities for which compliance with current law or 
     regulation can be accomplished by the use of manned aircraft, 
     including--
       ``(i) conducting activities to ensure compliance with 
     Federal or State regulatory, permit, or other requirements, 
     including to conduct surveys associated with applications for 
     permits for new pipeline or pipeline systems construction or 
     maintenance or rehabilitation of existing pipelines or 
     pipeline systems; or

[[Page 3923]]

       ``(ii) conducting activities relating to ensuring 
     compliance with--

       ``(I) the requirements of part 192 or 195 of title 49, Code 
     of Federal Regulations; or
       ``(II) any Federal, State, or local governmental or 
     regulatory body or industry best practice pertaining to the 
     construction, ownership, operation, maintenance, repair, or 
     replacement of covered facilities.

       ``(B) Activities to inspect, repair, construct, maintain, 
     or protect covered facilities, including to respond to a 
     pipeline, pipeline system, or electric energy infrastructure 
     incident, or in response to or in preparation for a natural 
     disaster, man-made disaster, severe weather event, or other 
     incident beyond the control of the covered person that may 
     cause material damage to a covered facility.
       ``(3) Definitions.--In this subsection:
       ``(A) Covered facility.--The term `covered facility' means 
     a pipeline, pipeline system, electric energy generation, 
     transmission, or distribution facility (including renewable 
     electric energy), oil or gas production, refining, or 
     processing facility, or other critical infrastructure.
       ``(B) Covered person.--The term `covered person' means a 
     person that--
       ``(i) owns or operates a covered facility;
       ``(ii) is the sponsor of a covered facility project;
       ``(iii) is an association of persons described by clause 
     (i) or (ii) and is seeking programmatic approval for an 
     activity in accordance with this subsection; or
       ``(iv) is an agent of any person described in clause (i), 
     (ii), or (iii).
       ``(C) Critical infrastructure.--The term `critical 
     infrastructure' has the meaning given that term in section 
     2339D of title 18.''.
       ``(4) Deadline.--Within 90 days from the date of enactment 
     of the FAA Reauthorization of 2016 the Administrator must 
     certify to the appropriate Committees of Congress that a 
     process has been established to facilitate applications for 
     operations provided for under this subsection. If the 
     Administrator cannot provide this certification, the 
     Administrator, within 180 days of from the due date of that 
     certification, shall update the process under (a) to provide 
     for such applications.


                           AMENDMENT NO. 3500

 (Purpose: To provide for a 5-year extension of the unmanned aircraft 
                       system test site program)

       On page 67, line 13, strike ``2017'' and insert ``2022''.


                           AMENDMENT NO. 3526

   (Purpose: To establish an airspace management advisory committee)

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

     SEC. 2506. AIRSPACE MANAGEMENT ADVISORY COMMITTEE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator shall establish 
     an advisory committee to carry out the duties described in 
     subsection (b).
       (b) Duties.--The advisory committee shall--
       (1) conduct a review of the practices and procedures of the 
     Federal Aviation Administration for developing proposals with 
     respect to changes in regulations, policies, or guidance of 
     the Federal Aviation Administration relating to airspace that 
     affect airport operations, airport capacity, the environment, 
     or communities in the vicinity of airports, including--
       (A) an assessment of the extent to which there is 
     consultation, or a lack of consultation, with respect to such 
     proposals--
       (i) between and among the affected elements of the Federal 
     Aviation Administration, including the Air Traffic 
     Organization, the Office of Airports, the Flight Standards 
     Service, the Office of NextGen, and the Office of Energy and 
     Environment; and
       (ii) between the Federal Aviation Administration and 
     affected entities, including airports, aircraft operators, 
     communities, and State and local governments;
       (2) recommend revisions to such practices and procedures to 
     improve communications and coordination between and among 
     affected elements of the Federal Aviation Administration and 
     with other affected entities with respect to proposals 
     described in paragraph (1) and the potential effects of such 
     proposals;
       (3) conduct a review of the management by the Federal 
     Aviation Administration of systems and information used to 
     evaluate data relating to obstructions to air navigation or 
     navigational facilities under part 77 of title 14, Code of 
     Federal Regulations; and
       (4) make recommendations to ensure that the data described 
     in paragraph (3) is publicly accessible and streamlined to 
     ensure developers, airport operators, and other interested 
     parties may obtain relevant information concerning potential 
     obstructions when working to preserve and create a safe and 
     efficient navigable airspace.
       (c) Membership.--The membership of the advisory committee 
     established under subsection (a) shall include 
     representatives of--
       (1) air carriers, including passenger and cargo air 
     carriers;
       (2) general aviation, including business aviation and fixed 
     wing aircraft and rotocraft;
       (3) airports of various sizes and types;
       (4) air traffic controllers; and
       (5) State aviation officials.
       (d) Report Required.--Not later than one year after the 
     establishment of the advisory committee under subsection (a), 
     the advisory committee shall submit to Congress a report on 
     the actions taken by the advisory committee to carry out the 
     duties described in subsection (b).


                           AMENDMENT NO. 3535

(Purpose: To clarify the provision relating to airports that enter into 
          certain leases with components of the Armed Forces)

       On page 46, line 15, insert after ``National Guard'' the 
     following: ``, without regard to whether that component 
     operates aircraft at the airport''.


                           AMENDMENT NO. 3621

             (Purpose: To secure aircraft avionics systems)

       At the appropriate place, insert the following:

     SEC. ____. SECURING AIRCRAFT AVIONICS SYSTEMS.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall consider revising Federal Aviation 
     Administration regulations regarding airworthiness 
     certification--
       (1) to address cybersecurity for avionics systems, 
     including software components; and
       (2) to require that aircraft avionics systems used for 
     flight guidance or aircraft control be secured against 
     unauthorized access via passenger in-flight entertainment 
     systems through such means as the Administrator determines 
     appropriate to protect the avionics systems from unauthorized 
     external and internal access.
       (b) Consideration.--The Administrator's consideration and 
     any action taken under subsection (a) shall be in accordance 
     with the recommendations of the Aircraft Systems Information 
     Security Protection Working Group under section 5029(d) of 
     this Act.
       On page 354, between lines 16 and 17, insert the following:
       (3) In-flight entertainment systems review.--As part of its 
     review under subparagraphs (A) and (B) of paragraph (2), the 
     working group shall review the cybersecurity risks of in-
     flight entertainment systems to consider whether such systems 
     can and should be isolated and separate from systems required 
     for safe flight and operations, including reviewing standards 
     for air gaps or other means determined appropriate.
       On page 354, line 17, strike ``(3)'' and insert ``(4)''.
       On page 354, line 23, strike ``(4)'' and insert ``(5)''.
       On page 355, line 9, strike ``(5)'' and insert ``(6)''.


                           AMENDMENT NO. 3620

   (Purpose: To modify the definition of small business concern for 
              purposes of the airport improvement program)

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

     SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN.

       Section 47113(a)(1) is amended to read as follows:
       ``(1) `small business concern'--
       ``(A) except as provided in subparagraph (B), has the same 
     meaning given that term in section 3 of the Small Business 
     Act (15 U.S.C. 632); and
       ``(B) in the case of a concern in the construction 
     industry, a concern shall be considered a small business 
     concern if the concern meets the size standard for the North 
     American Industry Classification System Code 237310, as 
     adjusted by the Small Business Administration;''.


                           AMENDMENT NO. 3633

                   (Purpose: To improve section 2317)

       Beginning on page 204, strike line 21 and all that follows 
     through page 206, line 9, and insert the following:
       (a) Restrictions on Transportation of Lithium Batteries on 
     Aircraft.--
       (1) Adoption of icao instructions.--
       (A) In general.--Pursuant to section 828 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), 
     not later than 90 days after the date of enactment of this 
     Act, the Secretary of the Department of Transportation shall 
     conform United States regulations on the air transport of 
     lithium cells and batteries with the lithium cells and 
     battery requirements in the 2015-2016 edition of the 
     International Civil Aviation Organization's (referred to in 
     this subsection as ``ICAO'') Technical Instructions (to 
     include all addenda) including the revised standards adopted 
     by ICAO which became effective on April 1, 2016.
       (B) Further proceedings.--Beginning on the date the revised 
     regulations under subparagraph (A) are published in the 
     Federal Register, any lithium cell and battery rulemaking 
     action or update commenced on or after that date shall 
     continue to comply with the requirements under section 828 of 
     the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
     note).
       (2) Review of other regulations.--Pursuant to section 828 
     of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
     44701 note), the Secretary of Transportation may initiate a 
     review of other existing regulations regarding the air 
     transportation, including passenger-carrying and cargo 
     aircraft, of lithium batteries and cells.

[[Page 3924]]

       (3) Medical device batteries.--
       (A) In general.--For United States applicants, the 
     Secretary of Transportation shall consider and either grant 
     or deny, within 45 days, applications submitted in compliance 
     with part 107 of title 49, Code of Federal Regulations for 
     special permits or approvals for air transportation of 
     lithium ion cells or batteries specifically used by medical 
     devices. Not later than 30 days after the date of 
     application, the Pipeline and Hazardous Materials Safety 
     Administration shall provide a draft special permit based on 
     the application to the Federal Aviation Administration. The 
     Federal Aviation Administration shall conduct an on-site 
     inspection for issuance of the special permit not later than 
     10 days after the date of receipt of the draft special permit 
     from the Pipeline and Hazardous Materials Safety 
     Administration.
       (B) Definition of medical device.--In this paragraph, the 
     term ``medical device'' has the meaning given the term 
     ``device'' in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321).
       (4) Savings clause.--Nothing in this section shall be 
     construed as expanding or constricting any other authority 
     the Secretary of Transportation has under section 828 of the 
     FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
     note).


                           AMENDMENT NO. 3534

(Purpose: To establish a national multimodal freight advisory committee 
                  in the Department of Transportation)

       At the appropriate place, insert the following:

     SEC. __. NATIONAL MULTIMODAL FREIGHT ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Transportation shall 
     establish a national multimodal freight advisory committee 
     (referred to in this section as the ``Committee'') in the 
     Department of Transportation, which shall consist of a 
     balanced cross-section of public and private freight 
     stakeholders representative of all freight transportation 
     modes, including--
       (1) airports, highways, ports and waterways, rail, and 
     pipelines;
       (2) shippers;
       (3) carriers;
       (4) freight-related associations;
       (5) the freight industry workforce;
       (6) State departments of transportation;
       (7) local governments;
       (8) metropolitan planning organizations;
       (9) regional or local transportation authorities, such as 
     port authorities;
       (10) freight safety organizations; and
       (11) university research centers.
       (b) Purpose.--The purpose of the Committee shall be to 
     promote a safe, economically efficient, and environmentally 
     sustainable national freight system.
       (c) Duties.--The Committee, in consultation with State 
     departments of transportation and metropolitan planning 
     organizations, shall provide advice and recommendations to 
     the Secretary of Transportation on matters related to freight 
     transportation in the United States, including--
       (1) the implementation of freight transportation 
     requirements;
       (2) the establishment of a National Multimodal Freight 
     Network under section 70103 of title 49, United States Code;
       (3) the development of the national freight strategic plan 
     under section 70102 of such title;
       (4) the development of measures of conditions and 
     performance in freight transportation;
       (5) the development of freight transportation investment, 
     data, and planning tools; and
       (6) recommendations for Federal legislation.
       (d) Qualifications.--Each member of the Committee shall be 
     sufficiently qualified to represent the interests of the 
     member's specific stakeholder group, such as--
       (1) general business and financial experience;
       (2) experience or qualifications in the areas of freight 
     transportation and logistics;
       (3) experience in transportation planning, safety, 
     technology, or workforce issues;
       (4) experience representing employees of the freight 
     industry;
       (5) experience representing State or local governments or 
     metropolitan planning organizations in transportation-related 
     issues; or
       (6) experience in trade economics relating to freight 
     flows.
       (e) Support Staff, Information, and Services.--The 
     Secretary of Transportation shall provide support staff for 
     the Committee. Upon the request of the Committee, the 
     Secretary shall provide such information, administrative 
     services, and supplies as the Secretary considers necessary 
     for the Committee to carry out its duties under this section.


                           AMENDMENT NO. 3623

  (Purpose: To impose criminal penalties for the unsafe operation of 
                           unmanned aircraft)

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

                        PART IV--OPERATOR SAFETY

     SEC. 2161. SHORT TITLE.

       This part may be cited as the ``Drone Operator Safety 
     Act''.

     SEC. 2162. FINDINGS; SENSE OF CONGRESS.

       (a) Finding.--Congress finds that educating operators of 
     unmanned aircraft about the laws and regulations that govern 
     such aircraft helps to ensure their safe operation.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Administrator of the Federal Aviation Administration 
     should continue to prioritize the education of operators of 
     unmanned aircraft through public outreach efforts like the 
     ``Know Before You Fly'' campaign.

     SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT.

       (a) In General.--Chapter 2 of title 18, United States Code, 
     is amended--
       (1) in section 31--
       (A) in subsection (a)--
       (i) by redesignating paragraph (10) as paragraph (11); and
       (ii) by inserting after paragraph (9) the following:
       ``(10) Unmanned aircraft.--The term `unmanned aircraft' has 
     the meaning given such term in section 44801 of title 49.''; 
     and
       (B) in subsection (b), by inserting ```airport','' before 
     ```appliance'''; and
       (2) by inserting after section 39A the following:

     ``Sec. 39B. Unsafe operation of unmanned aircraft

       ``(a) Offense.--Any person who operates an unmanned 
     aircraft and, in so doing, knowingly or recklessly interferes 
     with, or disrupts the operation of, an aircraft carrying 1 or 
     more occupants operating in the special aircraft jurisdiction 
     of the United States, in a manner that poses an imminent 
     safety hazard to such occupants, shall be punished as 
     provided in subsection (b).
       ``(b) Penalty.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     punishment for an offense under subsection (a) shall be a 
     fine under this title, imprisonment for not more than 1 year, 
     or both.
       ``(2) Serious bodily injury or death.--Any person who 
     attempts to cause, or knowingly or recklessly causes, serious 
     bodily injury or death during the commission of an offense 
     under subsection (a) shall be fined under this title, 
     imprisoned for any term of years or for life, or both.
       ``(c) Operation of Unmanned Aircraft in Close Proximity to 
     Airports.--
       ``(1) In general.--The operation of an unmanned aircraft 
     within a runway exclusion zone shall be considered a 
     violation of subsection (a) unless such operation is approved 
     by the airport's air traffic control facility or is the 
     result of a circumstance, such as a malfunction, that could 
     not have been reasonably foreseen or prevented by the 
     operator.
       ``(2) Runway exclusion zone defined.--In this subsection, 
     the term `runway exclusion zone' means a rectangular area--
       ``(A) centered on the centerline of an active runway of an 
     airport immediately around which the airspace is designated 
     as class B, class C, or class D airspace at the surface under 
     part 71 of title 14, Code of Federal Regulations; and
       ``(B) the length of which extends parallel to the runway's 
     centerline to points that are 1 statute mile from each end of 
     the runway and the width of which is \1/2\ statute mile.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     2 of title 18, United States Code, is amended by inserting 
     after the item relating to section 39A the following:

``39B. Unsafe operation of unmanned aircraft.''.


                           AMENDMENT NO. 3567

(Purpose: To require the Federal Aviation Administration to coordinate 
   with the Center of Excellence for Unmanned Aircraft Systems with 
       respect to research relating to unmanned aircraft systems)

       On page 74, strike line 19 and insert the following:

     under section 44802(a) of that title, and in coordination 
     with the Center of Excellence for Unmanned Aircraft Systems.
       (c) Use of Center of Excellence for Unmanned Aircraft 
     Systems.--The Administrator, in carrying out research 
     necessary to establish the consensus safety standards and 
     certification requirements in section 44803 of title 49, 
     United States Code, as added by section 2124, shall, to the 
     maximum extent practicable, leverage the research and testing 
     capacity and capabilities of the Center of Excellence for 
     Unmanned Aircraft Systems and the test sites (as defined in 
     44801 of such title, as added by section 2121).
  Mr. THUNE. Mr. President, I ask unanimous consent that the Senate now 
vote on these amendments, as well as the Bennet amendment No. 3524, as 
modified with the changes at the desk, all en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3524), as modified, is as follows:

       Strike section 3113 and insert the following:

     SEC. 3113. LASTING IMPROVEMENTS TO FAMILY TRAVEL.

       (a) Short Title.--This section may be cited as the 
     ``Lasting Improvements to Family Travel Act'' or the ``LIFT 
     Act''.
       (b) Accompanying Minors for Security Screening.--The 
     Administrator of the

[[Page 3925]]

     Transportation Security Administration shall formalize 
     security screening procedures that allow for one adult family 
     caregiver to accompany a minor child throughout the entirety 
     of the security screening process.
       (c) Special Accommodations for Pregnant Women.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary of Transportation shall review and, if 
     appropriate, prescribe regulations that direct all air 
     carriers to include pregnant women in their policies, with 
     respect to preboarding or advance boarding of aircraft.
       (d) Family Seating.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary shall review and, 
     if appropriate, establish a policy directing all air carriers 
     to ensure that, if a family is traveling on a reservation 
     with a child under the age of 13, that child is able to sit 
     in a seat adjacent to the seat of an accompanying family 
     member over the age of 13, to the maximum extent practicable, 
     at no additional cost.


           Vote on Amendments Nos. 3476, as Modified; 3492, as 
       Modified; 3500; 3526; 3535; 3621; 3620; 3633; 3534; 3623; 
                      3567; and 3524, as Modified

  Mr. THUNE. Mr. President, I know of no further debate on these 
amendments.
  The PRESIDING OFFICER. The question occurs on agreeing to the 
amendments en bloc.
  The amendments (Nos. 3476, as modified; 3492, as modified; 3500; 
3526; 3535; 3621; 3620; 3633; 3534; 3623; 3567; and 3524, as modified) 
were agreed to en bloc.

                          ____________________